Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California et al v. Johnson Controls, Inc.
| Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sheet Metal Workers Local 104 Health Care Trust, Trustee Rick Werner, Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sean O'Donoghue and Rick Werner |
| Johnson Controls, Inc. |
| 3:2018cv05614 |
| September 13, 2018 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| James Donato |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on August 22, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #50 Stipulation of Dismissal With Prejudice. Signed by Judge James Donato on 8/22/2022. ***Civil Case Terminated. (jdlc2, COURT STAFF) (Filed on 8/22/2022)
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| Filing 50 STIPULATION WITH PROPOSED ORDER (Joint) filed by Johnson Controls, Inc.. (Buhite, Russell) (Filed on 8/16/2022) |
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Filing 49
ORDER. The case is reopened, and a case management conference is set for October 13, 2022, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. A joint case management statement is due by October 6, 2022. Signed by Judge James Donato on 7/14/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 7/14/2022)
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| Filing 48 MOTION To Reinstate Action; [Proposed] Order Thereon filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. Responses due by 7/22/2022. Replies due by 7/29/2022. (Do, Tino) (Filed on 7/8/2022) |
| Filing 47 Certification of ADR Session by Mediator Robert Pohls: I hereby certify that the parties in this matter held a Mediation session on 9/1/2021. The case did not settle. Further facilitated discussions are not expected. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 2/3/2022) |
| Filing 46 STATUS REPORT (Third Updated Joint) by Johnson Controls, Inc.. (Buhite, Russell) (Filed on 12/21/2021) |
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Filing 45
ORDER. At the joint request of the parties, Dkt. No. 44, the case remains stayed so the parties can continue to focus their efforts on the mediation process. A further status update is due by December 21, 2021. Signed by Judge James Donato on 10/4/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 10/4/2021)
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| Filing 44 STATUS REPORT (Second Updated Joint) by Johnson Controls, Inc.. (Buhite, Russell) (Filed on 9/22/2021) |
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Filing 43
ORDER re #41 Joint Motion to Continue in Light of Upcoming Court-Annexed Mediation. So that the parties may focus their efforts on the upcoming mediation, all case deadlines are stayed and the case is administratively closed pending further order. The parties are directed to file a joint status update by September 22, 2021. Signed by Judge James Donato on 8/9/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 8/9/2021)
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| Filing 42 NOTICE of Change In Counsel by Tino Xuan Do (Do, Tino) (Filed on 8/5/2021) |
| Filing 41 Joint MOTION to Continue Certain Case Deadlines in Light of Upcoming Court-Annexed Mediation filed by Johnson Controls, Inc.. (Attachments: #1 Proposed Order)(Buhite, Russell) (Filed on 8/4/2021) |
| Set/Reset Hearing Mediation Hearing set for 9/1/2021 09:00 AM via Zoom. (af, COURT STAFF) (Filed on 8/4/2021) |
| Filing 40 ADR Clerk's Notice Appointing Robert Pohls as Mediator. (af, COURT STAFF) (Filed on 7/29/2021) |
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Filing 39
Order by Judge James Donato granting #38 Stipulation selecting Mediation. (jdlc2S, COURT STAFF) (Filed on 7/28/2021)
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| Filing 38 STIPULATION and Proposed Order selecting Mediation by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Do, Tino) (Filed on 7/28/2021) |
| CASE REFERRED to Mediation. (cmfS, COURT STAFF) (Filed on 7/28/2021) |
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Filing 37
CASE MANAGEMENT SCHEDULING ORDER: Bench Trial set for 1/10/2022 09:00 AM before Judge James Donato. Pretrial Conference set for 12/30/2021 01:30 PM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Amended Pleadings due by 6/30/2021. Close of Fact Discovery due by 9/3/2021. Close of Expert Discovery due by 9/10/2021. Motions due by 9/16/2021. Signed by Judge James Donato on 6/17/2021. (jdlc2S, COURT STAFF) (Filed on 6/17/2021)
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| Filing 36 NOTICE of Change of Address by Sean Patrick Nalty (Nalty, Sean) (Filed on 4/23/2021) |
| Filing 35 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant and Counsel (Buhite, Russell) (Filed on 4/7/2021) |
| Filing 34 JOINT CASE MANAGEMENT STATEMENT filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Minser, Matthew) (Filed on 4/6/2021) |
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Filing 33
ORDER. The parties are directed to file by April 9, 2021, a status update, and a jointly proposed case schedule with new dates. Signed by Judge James Donato on 3/23/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 3/23/2021)
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Filing 32
Order by Judge James Donato granting #31 Joint Motion for Entry of Stipulated Protective Order. The parties' stipulated protective order is approved, except that in those cases where the stipulated protective order conflicts with the Court's standing orders (e.g., with respect to the filing of discovery motions), the Court's standing orders will control. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 12/13/2019)
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| Filing 31 Joint ADMINISTRATIVE MOTION For Entry of Stipulated Protective Order filed by Johnson Controls, Inc.. Responses due by 12/9/2019. (Attachments: #1 Proposed Order)(Buhite, Russell) (Filed on 12/5/2019) |
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Filing 30
ORDER. The Court vacates the case management conference that was set for February 14, 2019, and will issue a scheduling order based on the parties' joint case management statement. The #28 telephonic appearance request is terminated as moot. Signed by Judge James Donato on 2/8/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 2/8/2019)
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| Filing 29 Declaration of Russell Buhite in Support of #28 ADMINISTRATIVE MOTION To Appear by Telephone on February 14, 2019 for Initial Case Management Hearing filed byJohnson Controls, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #28 ) (Buhite, Russell) (Filed on 2/7/2019) |
| Filing 28 ADMINISTRATIVE MOTION To Appear by Telephone on February 14, 2019 for Initial Case Management Hearing filed by Johnson Controls, Inc.. Responses due by 2/11/2019. (Attachments: #1 Proposed Order)(Buhite, Russell) (Filed on 2/7/2019) |
| Filing 27 JOINT CASE MANAGEMENT STATEMENT & [Proposed] Order filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Minser, Matthew) (Filed on 2/7/2019) |
| Filing 26 ANSWER to Complaint and Defenses byJohnson Controls, Inc.. (Buhite, Russell) (Filed on 12/17/2018) |
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Filing 25
Order by Judge James Donato granting #20 Stipulation to Set Aside Entry of Default. Based on the parties' stipulated request, the Court sets aside the default that was entered against defendant Johnson Controls, Inc. Dkt. No. 11. Defendant may file an answer to plaintiffs' complaint by December 28, 2018. (This is a text-only entry. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 12/14/2018)
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Filing 24
Order. At the parties' joint request, the initial case management conference is moved to February 14, 2019, at 10:00 am. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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| Set Deadlines/Hearings: Case Management Statement due by 2/7/2019. Initial Case Management Conference set for 2/14/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor. (jdlc2S, COURT STAFF) (Filed on 12/14/2018) |
| Filing 23 Joint MOTION to Continue CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Minser, Matthew) (Filed on 12/12/2018) |
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Filing 22
ORDER by Judge James Donato granting #21 Motion for Pro Hac Vice as to Russell S. Buhite. (lrcS, COURT STAFF) (Filed on 12/12/2018)
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| Filing 21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12916615.) filed by Johnson Controls, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Buhite, Russell) (Filed on 12/11/2018) |
| Filing 20 STIPULATION WITH PROPOSED ORDER Setting Aside the Clerk's Entry of Default Entered Against Defendant filed by Johnson Controls, Inc.. (Nalty, Sean) (Filed on 12/10/2018) |
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Filing 19
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 12/20/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 12/13/2018. Signed by Judge James Donato on 11/30/18. (lrcS, COURT STAFF) (Filed on 11/30/2018)
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Filing 18
ORDER, Case reassigned to Judge James Donato. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 11/29/18. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 11/29/2018)
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| Filing 17 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 11/28/2018) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Johnson Controls, Inc... (Kapoor, Roshni) (Filed on 11/28/2018) |
| Filing 15 CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 11/30/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 11/16/2018) Modified on 11/16/2018 (ahm, COURT STAFF). |
| Filing 14 NOTICE of Appearance by Roshni Chaudhari Kapoor (Kapoor, Roshni) (Filed on 11/15/2018) |
| Filing 13 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Minser, Matthew) (Filed on 11/15/2018) |
| Filing 12 CERTIFICATE OF SERVICE by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner re #11 Clerk's Notice of Entry of Default (Minser, Matthew) (Filed on 11/8/2018) |
| Filing 11 Clerk's Notice: ENTRY OF DEFAULT. (Related documents(s) #10 )(slhS, COURT STAFF) (Filed on 10/23/2018) |
| Filing 10 MOTION for Entry of Default ; DECLARATION of Matthew P. Minser in Support Thereof filed by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner. (Minser, Matthew) (Filed on 10/18/2018) Modified on 10/19/2018 (slhS, COURT STAFF). |
| Filing 9 SUMMONS Returned Executed by Rick Werner, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sean O'Donoghue, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers International Association Local Union 104, Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund. Johnson Controls, Inc. served on 9/18/2018, answer due 10/9/2018. (Minser, Matthew) (Filed on 9/27/2018) |
| Filing 8 NOTICE of Change In Counsel by Matthew Parsa Minser NOTICE OF CHANGE OF ADDRESS AND OTHER CONTACT INFORMATION, AND CHANGE OF HANDLING ATTORNEYS WITHIN FIRM (Minser, Matthew) (Filed on 9/27/2018) |
| Filing 7 Summons Issued as to Johnson Controls, Inc.. (slhS, COURT STAFF) (Filed on 9/17/2018) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/6/2018. Initial Case Management Conference set for 12/13/2018 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 9/17/2018) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner.. (Mann, Jugpreet) (Filed on 9/17/2018) |
| Filing 4 Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/27/2018. (bwS, COURT STAFF) (Filed on 9/13/2018) |
| Filing 3 Certificate of Interested Entities by Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sean O'Donoghue, Sheet Metal Workers International Association Local Union 104, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Rick Werner re #1 Complaint,, (Mann, Jugpreet) (Filed on 9/13/2018) |
| Filing 2 Proposed Summons. (Mann, Jugpreet) (Filed on 9/13/2018) |
| Filing 1 COMPLAINT against Johnson Controls, Inc. ( Filing fee $ 400, receipt number 0971-12676150.). Filed byRick Werner, Sheet Metal Workers Local 104 Supplemental Pension Fund, Sean O'Donoghue, Sheet Metal Workers Local 104 Health Care Trust, Sheet Metal Workers International Association Local Union 104, Boards of Trustees of the Sheet Metal Workers Pension Trust of Northern California, Sheet Metal Workers Local 104 Vacation-Holiday Savings Fund, Sheet Metal Workers Local 104 And Bay Area Industry Training Fund. (Attachments: #1 Civil Cover Sheet)(Mann, Jugpreet) (Filed on 9/13/2018) |
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