Lehr et al v. Perri Electric, Inc., et al
Plaintiff: Colleen P. Lehr and Paul E. Lehr
Defendant: Perri Electric, Inc., Perri Electric, Inc. Profit Sharing Plan, Perri Electric Inc. Profit Sharing Trust Fund and Frank M. Perri
Case Number: 2:2017cv01188
Filed: June 7, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: William B. Shubb
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29:1104
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
September 26, 2019 Opinion or Order Filing 110 ORDER signed by Senior Judge William B. Shubb on 09/25/19 CONVERTING 91 Motion to Dismiss to Motion for Summary Judgment and GRANTING 91 Motion. Plaintiffs' claims against Perri Electric Inc. Profit Sharing Plan and Perri Electric Inc. Profit Sharing Trust Fund are DISMISSED. CASE CLOSED (Benson, A.)
September 6, 2019 Opinion or Order Filing 106 ORDER signed by Senior Judge William B. Shubb on 9/6/2019 GRANTING 104 Plaintiffs' Request to Continue Motion Hearing. The hearing on 91 Defendants' Motion to Dismiss (converted to a motion for summary judgment) is reset for 10/7/ 2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs' amended opposition and evidence shall be filed by 9/20/2019. Any amended reply and evidence from defendants shall be filed by 9/27/2019. (Kirksey Smith, K)
August 29, 2019 Opinion or Order Filing 101 ORDER signed by Senior Judge William B. Shubb on 8/29/2019 re 91 Motion to Dismiss: Perri Electric Inc. Profit Sharing Plan and Perri Electric Profit Sharing Trust Fund have improperly brought their motion to dismiss (Docket No. 91) under Feder al Rule of Civil Procedure 12(b)(1). Because this motion concerns a substantive element of plaintiffs' claims, see id. at 979, and matters outside the pleadings, the court will treat this motion as one for summary judgment under Rule 56. See Fed. R. Civ. P. 12(d). The motion is currently set for hearing on September 9, 2019. Accordingly, the parties shall file any evidence and supplemental briefs they may wish to be considered on the motion by 9/3/2019. (Kirksey Smith, K)
August 22, 2019 Opinion or Order Filing 99 ORDER signed by Senior Judge William B. Shubb on 8/21/19 DENYING 58 Motion for Attorney Fees. The court will allow $180.84 in costs for moving defendants. IT IS FURTHER ORDERED that Frank M. Perri's and Perri Electric, Inc.'s request for costs 57 is GRANTED. Costs shall be taxed against Plaintiffs in the sum of $180.84. (Mena-Sanchez, L)
July 22, 2019 Opinion or Order Filing 85 ORDER signed by Senior Judge William B. Shubb on 7/22/2019: Plaintiffs' Motion for Entry of Final Judgment, Or, In the Alternative, Motion for Certification of an Interlocutory Appeal 72 is DENIED. Before 8/5/2019, plaintiffs shall (1) requ est and receive an entry of default from the Clerk of Court as to defendants Perri Electric Inc. Profit Sharing Plan and Perri Electric Inc. Profit Sharing Trust Fund and move for default judgment as to these defendants OR (2) enter into a stipulatio n with an attorney representing Perri Electric Inc. Profit Sharing Plan and Perri Electric Inc. Profit Sharing Trust Fund that resolves plaintiffs' claims against those defendants. This matter is set for further Status Conference on 8/5/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
July 10, 2019 Opinion or Order Filing 80 ORDER signed by Senior Judge William B. Shubb on 7/10/2019 DENYING 77 Plaintiffs' Request to continue: A conference remains scheduled for 7/22/2019 at 1:30 p.m. At that conference, counsel should be prepared to discuss the pending Motion for Entry of Final Judgment as well as how plaintiff plans to proceed with respect to the remaining defendants. (Kirksey Smith, K)
July 9, 2019 Opinion or Order Filing 76 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/9/19 CONTINUING hearing as to 58 Motion for Attorney Fees to 8/26/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
May 31, 2019 Opinion or Order Filing 69 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/30/19 CONTINUING the 6/17/19 hearing re 58 Motion for Attorney Fees to 7/15/2019 at 01:30 PM, with any and all deadlines conforming to the new date. The Pretrial Conference is CONTINUED to 7/22/2019 at 01:30 PM. (Mena-Sanchez, L)
April 10, 2019 Opinion or Order Filing 56 MEMORANDUM, OPINION and ORDER signed by Senior Judge William B. Shubb on 4/9/19 GRANTING 40 Motion for Summary Judgment as to Frank M. Perri and Perri Electric, Inc. only. (Coll, A)
February 20, 2019 Opinion or Order Filing 39 STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/20/19 CONTINUING deadline for Defendants to disclose expert witness reports to Plaintiffs to 2/27/2019; The deadline for all Parties to complete expert discovery shall be extended 3/13/2019. All other deadlines in the Court's prior Order dated 1/25/19, shall remain in full force and effect. (Mena-Sanchez, L)
January 28, 2019 Opinion or Order Filing 36 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/25/19 ORDERING that the deadline to disclose expert reports shall be retroactively extended to 1/4/2019. The deadline for all Parties to conduct expert discovery shall be exten ded to 3/6/2019. The deadline for all Parties to hear dispositive motions shall be extended to 4/8/2019 Final Pretrial Conference continued to 6/10/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Trial continued to 8/13/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Defendants shall have three (3) business days to file and serve the Amended Answer. (Kaminski, H)
January 14, 2019 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Allison Claire on 1/14/2019 DENYING 32 Stipulation to Continue Certain Deadlines. (Huang, H)
December 4, 2018 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/4/2018 ORDERING that the time for the parties' disclosure of principal experts' reports, in accordance with Federal Rule of Civil Procedure 26(a)(2), is EXTENDED to 12/21/2018. All other dates in the court's 20 pretrial scheduling order, as amended by ECF Nos. 22 and 26 , shall remain unchanged. (Zignago, K.)
November 21, 2018 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Gregory G. Hollows on 11/20/2018 ORDERING the scheduling deadline AMENDED as follows: Disclosure of principal experts is EXTENDED to 12/3/2018; Disclosure of rebuttal experts is EXTENDED to 1/2/2019; Completion of all expert recovery is EXTENDED to 2/1/2019. All other dates in the 22 pretrial scheduling order shall remain unchanged. (Washington, S) Modified on 11/21/2018 (Washington, S).
October 17, 2017 Opinion or Order Filing 17 ORDER signed by Senior Judge William B. Shubb on 10/17/2017 DENYING 9 Defendants' Motion to Dismiss. (Kirksey Smith, K)
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Plaintiff: Colleen P. Lehr
Represented By: Eric L. Graves
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Plaintiff: Paul E. Lehr
Represented By: Eric L. Graves
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Defendant: Perri Electric, Inc.
Represented By: Spencer Thomas Malysiak
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Defendant: Perri Electric, Inc. Profit Sharing Plan
Represented By: Spencer Thomas Malysiak
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Defendant: Perri Electric Inc. Profit Sharing Trust Fund
Represented By: Spencer Thomas Malysiak
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Defendant: Frank M. Perri
Represented By: Spencer Thomas Malysiak
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