Beck et al v. United Parcel Service, Inc. et al
Plaintiff: Clifford E. Beck and Mary Ann Beck
Defendant: United Parcel Service, Inc. and Central States Southeast & Southwest Areas Health & Welfare Fund
Case Number: 3:2011cv00904
Filed: September 7, 2011
Court: US District Court for the Middle District of Florida
Office: Jacksonville Office
County: Duval
Presiding Judge: Timothy J Corrigan
Referring Judge: Monte C Richardson
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 21, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2012 Opinion or Order Filing 60 ORDER dismissing case with prejudice re #59 Joint Stipulation of Dismissal With Prejudice. Signed by Judge Timothy J. Corrigan on 12/21/2012. (SMA)
December 19, 2012 Filing 59 JOINT Stipulation of Dismissal with Prejudice by Central States Southeast & Southwest Areas Health & Welfare Fund. (Vitale, Michael) (Modified on 12/20/2012 to edit text) (DSY).
December 19, 2012 Filing 58 NOTICE of Settlement by Central States Southeast & Southwest Areas Health & Welfare Fund (Vitale, Michael) (Docketed In Error Per Counsel; Counsel will Refile Corrected Pleading) (Modified on 12/19/2012 to edit text) (DSY).
November 20, 2012 Opinion or Order Filing 57 ORDER re #56 Notice of Settlement, directing parties to file a joint motion for dismissal or other appropriate documents to close out file no later than 1/18/2013. Signed by Judge Timothy J. Corrigan on 11/20/2012. (SMA)
November 15, 2012 Filing 56 NOTICE of Settlement by Central States Southeast & Southwest Areas Health & Welfare Fund (Vitale, Michael)
November 14, 2012 Filing 55 Minute Entry. Proceedings held before Magistrate Judge Monte C. Richardson: Settlement Conference held on 11/14/2012. (DIGITAL) (BEE)
October 19, 2012 Filing 54 NOTICE of Hearing: Settlement Conference set for 11/14/2012 at 10:00 AM in Jacksonville Courtroom 5 C before Magistrate Judge Monte C. Richardson. (BEE)
October 9, 2012 Opinion or Order Filing 53 ORDER denying #50 Motion for Reconsideration. This case is referred to Magistrate Judge Richardson for a settlement conference. The settlement conference shall take place no later than December 14, 2012. The discovery and dispositive motion deadlines set forth in the Court's #49 Order are vacated to be reset upon further order of the Court. See Order for details. Signed by Judge Timothy J. Corrigan on 10/9/2012. (MEH)
September 14, 2012 Filing 52 RESPONSE in opposition re #50 MOTION for reconsideration re #49 Order on report and recommendationsOrder on motion for summary judgment filed by Clifford E. Beck, Mary Ann Beck. (Delegal, Thomas)
September 10, 2012 Filing 51 JOINT Notice Requesting Settlement Conference and Extension of Discovery and Dispositive Motion Deadlines by Clifford E. Beck, Mary Ann Beck, Central States Southeast & Southwest Areas Health & Welfare Fund re #49 Order on report and recommendationsOrder on motion for summary judgment (Vitale, Michael) (Modified on 9/11/2012 to edit text) (DSY).
August 31, 2012 Filing 50 MOTION for reconsideration re #49 Order on report and recommendationsOrder on motion for summary judgment by Central States Southeast & Southwest Areas Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vitale, Michael)
August 21, 2012 Opinion or Order Filing 49 ORDER adopting, in part, #42 Report and Recommendation; denying, in part, and denying without prejudice, in part, #27 Motion for Summary Judgment. See Order for details. Signed by Judge Timothy J. Corrigan on 8/20/2012. (MEH)
June 8, 2012 Opinion or Order Filing 48 ORDER granting #47 Motion to Withdraw as Attorney. The Clerk of the Court is directed to terminate Wendy Byndloss as counsel for Plaintiffs. Signed by Magistrate Judge Monte C. Richardson on 6/8/2012. (MEH)
June 7, 2012 Filing 47 Unopposed MOTION for Wendy Byndloss to withdraw as attorney by Clifford E. Beck, Mary Ann Beck. (Delegal, Thomas) Motions referred to Magistrate Judge Monte C. Richardson.
June 6, 2012 Opinion or Order Filing 46 ORDER denying without prejudice #45 Motion to Substitute Attorney. Counsel for Plaintiffs shall re-file the Motion and certify that notice as is required by Local Rule 2.03(b) has been provided to Plaintiffs Clifford E. Beck, Jr. and Mary Ann Beck. See Order for details. Signed by Magistrate Judge Monte C. Richardson on 6/6/2012. (MEH)
June 5, 2012 Filing 45 UNOPPOSED Motion to substitute attorney by Clifford E. Beck, Mary Ann Beck. (Delegal, Thomas) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 6/6/2012 to edit text) (DSY).
June 4, 2012 Filing 44 RESPONSE to objections to #42 Report and Recommendations filed by Central States Southeast & Southwest Areas Health & Welfare Fund. (Vitale, Michael)
May 21, 2012 Filing 43 OBJECTION re #42 REPORT AND RECOMMENDATION re #27 MOTION for summary judgment and incorporated memorandum of law in support filed by Central States Southeast & Southwest Areas Health & Welfare Fund.. (Attachments: #1 Exhibit Unpublished opinion)(Delegal, Thomas)
May 8, 2012 Filing 42 REPORT AND RECOMMENDATION re #27 MOTION for summary judgment. Signed by Magistrate Judge Monte C. Richardson on 5/8/2012. (MEH)
April 12, 2012 Filing 41 SUPPLEMENTAL Memorandum regarding the Viability of Central State's Counterclaim Under 29 USC 1132(a)(3) re #37 Order to Submit Supplemental Memoranda filed by Clifford E. Beck, Mary Ann Beck. (Delegal, Thomas) (Modified on 4/15/2012 to edit text) (DSY).
April 5, 2012 Opinion or Order Filing 40 ORDER granting #38 Unopposed Motion to Substitute Party. The Clerk is directed to change the caption of this case to reflect the substituted trustee. See Order for details. Signed by Magistrate Judge Monte C. Richardson on 4/5/2012. (MEH)
April 4, 2012 Filing 39 NOTICE of supplemental authority by Central States Southeast & Southwest Areas Health & Welfare Fund (Attachments: #1 Supplement Authority)(Vitale, Michael)
April 4, 2012 Filing 38 UNOPPOSED Motion to substitute party by Central States Southeast & Southwest Areas Health & Welfare Fund. (Vitale, Michael) (Modified on 4/5/2012 to edit text) (DSY).
March 29, 2012 Opinion or Order Filing 37 ORDER directing supplemental briefing on the #27 MOTION for Summary Judgment. The parties shall each submit a memorandum, not to exceed ten pages in length, on the issue identified in this Order. Central States' supplemental brief is due no later than April 5, 2012. The Becks' supplemental response brief is due no later than April 12, 2012. See Order for details. Signed by Magistrate Judge Monte C. Richardson on 3/29/2012. (MEH)
March 1, 2012 Opinion or Order Filing 36 ORDER denying #32 Motion to strike affidavits. Signed by Magistrate Judge Monte C. Richardson on 3/1/2012. (BEE)
February 28, 2012 Filing 35 RESPONSE in opposition re #32 MOTION to strike affidavits of Clifford Beck (Doc. #31-1) and Mary Ann Beck (Doc. #31-2) filed in opposition to Central States' Motion for Summary Judgment filed by Clifford E. Beck, Mary Ann Beck. (Delegal, Thomas) (Page 8 is blank; counsel notified for future filings, pleading should be 7 pages) (Modified on 2/29/2012 to edit text) (DSY).
February 23, 2012 Opinion or Order Filing 34 ORDER directing Plaintiffs to respond to #32 MOTION to strike affidavits no later than 2/28/2012. Signed by Magistrate Judge Monte C. Richardson on 2/23/2012. (BEE)
February 15, 2012 Filing 33 NOTICE of Filing and Service of Courtesy Copy of Administrative Record by Central States Southeast & Southwest Areas Health & Welfare Fund (Attachments: #1 Exhibit Administrative Record)(Vitale, Michael) (Modified on 2/16/2012 to edit text) (DSY).
February 7, 2012 Filing 32 MOTION to strike affidavits of Clifford Beck (Doc. 31-1) and Mary Ann Beck (Doc. 31-2) filed in opposition to Central States' Motion for Summary Judgment by Central States Southeast & Southwest Areas Health & Welfare Fund. (Vitale, Michael) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 2/8/2012 to edit text) (DSY).
January 30, 2012 Filing 31 RESPONSE in opposition re #27 MOTION for summary judgment and Incorporated Memorandum of Law in support filed by Clifford E. Beck, Mary Ann Beck. (Attachments: #1 Affidavit Affidavit of Clifford Beck, #2 Affidavit Affidavit of Mary Beck) (Delegal, Thomas) (Counsel notified last page of Pleading is blank, Counsel will correct that on future filings) (Modified on 1/31/2012 to edit text) (DSY).
January 3, 2012 Opinion or Order Filing 30 ORDER re #26 Joint Stipulation of Dismissal; dismissing case with prejudice as to defendant United Parcel Services, Inc. only, each party shall bear their own costs and attorney's fees. Signed by Judge Timothy J. Corrigan on 1/3/2012. (MGG)
December 22, 2011 Filing 29 NOTICE by Central States Southeast & Southwest Areas Health & Welfare Fund re #27 MOTION for summary judgment and incorporated memorandum of law in support -- notice of service of courtesy copies of Motion for Summary Judgment (Vitale, Michael)
December 22, 2011 Filing 28 NOTICE by Central States Southeast & Southwest Areas Health & Welfare Fund re #27 MOTION for summary judgment and incorporated memorandum of law in support -- notice of filing further redacted copies (Attachments: #1 Redacted Copy of Motion for Summary Judgment, #2 Redacted Copy of Affidavit of Albert E. Nelson, #3 Redacted Copy of Exh. C to Nelson Affidavit)(Vitale, Michael)
December 21, 2011 Filing 27 MOTION for summary judgment and incorporated memorandum of law in support by Central States Southeast & Southwest Areas Health & Welfare Fund. (Attachments: # 1 Affidavit of Albert E. Nelson, #2 Exhibit A to Nelson Affidavit, #3 Exhibit B to Nelson Affidavit, # 4 Exhibit C to Nelson Affidavit, #5 Exhibit D to Nelson Affidavit, #6 Exhibit E to Nelson Affidavit, #7 Supplement - Copies of Unreported Cases)(Vitale, Michael) Modified, Counsel notified to refile redacted motion, exh 1&4 re: personal info on 12/23/2011; redacted motion and exhibits refiled at #28 (MDC).
December 19, 2011 Filing 26 JOINT Stipulation of Dismissal with Prejudice as to Defendant, United Parcel Service, Inc. by United Parcel Service, Inc. (Swiger, Lindsay) (Modified on 12/21/2011 to edit text) (DSY).
December 19, 2011 Filing 25 JOINT Stipulation by United Parcel Service, Inc. (Swiger, Lindsay) (Modified on 12/21/2011 to edit text) (DSY).
December 6, 2011 Opinion or Order Filing 24 ENDORSED ORDER granting #23 Motion for extension of time. Defendant United Parcel Service, Inc. shall file its response to Plaintiffs' Complaint no later than 12/30/2011. Signed by Magistrate Judge Monte C. Richardson on 12/6/2011. (BEE)
December 6, 2011 Filing 23 UNOPPOSED Motion for extension of time to file response/reply as to #1 Complaint and Supporting Memorandum of Law by United Parcel Service, Inc. (Swiger, Lindsay) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 12/7/2011 to edit text) (DSY).
December 1, 2011 Opinion or Order Filing 22 ORDER denying without prejudice #14 Motion to dismiss. CASE MANAGEMENT AND SCHEDULING ORDER: Defendant to provide administrative record by 11/30/2011, Dispositive motions due by 12/30/2011, Responses to dispositive motions due by 1/30/2012. Signed by Magistrate Judge Monte C. Richardson on 12/1/2011. (BEE)
November 28, 2011 Filing 21 CASE MANAGEMENT REPORT. (Swiger, Lindsay)
November 23, 2011 Filing 20 Corporate Disclosure Statement by Clifford E. Beck, Mary Ann Beck. (Delegal, Thomas)
November 23, 2011 Filing 19 RESPONSE in opposition to motion re #14 MOTION to dismiss Complaint for Damages and Injunctive and Declaratory Relief and Incorporated Memorandum of Law filed by Clifford E. Beck, Mary Ann Beck. (Delegal, Thomas) (Modified on 11/25/2011 to edit text) (DSY).
November 18, 2011 Filing 18 CERTIFICATE Service re #16 CORPORATE Disclosure Statement by Michael Vitale on behalf of Central States Southeast & Southwest Areas Health & Welfare Fund (Vitale, Michael) (Modified on 11/21/2011 to edit text) (DSY).
November 16, 2011 Filing 17 REPLY to #11 Counterclaim by Clifford E. Beck, Mary Ann Beck. Related document: #11 Answer to complaintCounterclaim filed by Central States Southeast & Southwest Areas Health & Welfare Fund.(Delegal, Thomas)
November 16, 2011 Filing 16 CORPORATE Disclosure Statement by Central States Southeast & Southwest Areas Health & Welfare Fund. (Vitale, Michael) (Counsel Notified To File Certificate of Service) (Modified on 11/18/2011 to edit text) (DSY).
November 11, 2011 Filing 15 CORPORATE Disclosure Statement by United Parcel Service, Inc. (Swiger, Lindsay) (Modified on 11/14/2011 to edit text) (DSY).
November 7, 2011 Filing 14 MOTION to dismiss Complaint for Damages and Injunctive and Declaratory Relief and Incorporated Memorandum of Law by United Parcel Service, Inc. (Swiger, Lindsay)
November 3, 2011 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Francis J. Carey appearing on behalf of Central States Southeast & Southwest Areas Health & Welfare Fund (Filing fee $10.00 receipt number JAX3585.) Related document: #12 Unopposed MOTION for Francis J. Carey to appear pro hac vice (DH)
November 1, 2011 Opinion or Order Filing 13 ORDER granting #12 motion to appear pro hac vice. Signed by Magistrate Judge Monte C. Richardson on 11/1/2011. (BEE)
November 1, 2011 Filing 12 Unopposed MOTION for Francis J. Carey to appear pro hac vice by Central States Southeast & Southwest Areas Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vitale, Michael) Motions referred to Magistrate Judge Monte C. Richardson.
October 27, 2011 Filing 11 ANSWER and affirmative defenses to #1 Complaint and, COUNTERCLAIM against All Plaintiffs by Central States Southeast & Southwest Areas Health & Welfare Fund. (Attachments: #1 Exhibit "A" to Counterclaim)(Vitale, Michael)
October 25, 2011 Filing 10 RETURN of service executed on 10/17/2011 by Mary Ann Beck, Clifford E. Beck as to United Parcel Service, Inc. (Delegal, Thomas) Modified text on 10/26/2011 (DH).
October 19, 2011 Opinion or Order Filing 9 ENDORSED ORDER granting #8 Motion for extension of time. Defendants Central States Southeast & Southwest Areas Health & Welfare Fund shall file their response to Plaintiffs' Complaint no later than 10/28/2011. Signed by Magistrate Judge Monte C. Richardson on 10/19/2011. (BEE)
October 18, 2011 Filing 8 Unopposed MOTION for extension of time to file answer or otherwise plead re #1 Complaint by Central States Southeast & Southwest Areas Health & Welfare Fund. (Vitale, Michael) Motions referred to Magistrate Judge Monte C. Richardson.
October 18, 2011 Filing 7 NOTICE of Appearance by Denis L. Durkin on behalf of Central States Southeast & Southwest Areas Health & Welfare Fund (Durkin, Denis)
October 18, 2011 Filing 6 NOTICE of Appearance by Michael Vitale on behalf of Central States Southeast & Southwest Areas Health & Welfare Fund (Vitale, Michael)
October 13, 2011 Filing 5 RETURN of service executed on 9/23/2011 by Mary Ann Beck, Clifford E. Beck as to Central States Southeast & Southwest Areas Health & Welfare Fund. (Attachments: #1 Affidavit of Service)(Delegal, Thomas) Modified text on 10/14/2011 (DH).
September 21, 2011 Summons reissued as to United Parcel Service, Inc. (DH)
September 20, 2011 Filing 4 RETURN of service unexecuted by Mary Ann Beck, Clifford E. Beck as to United Parcel Service, Inc.. (Byndloss, Wendy)
September 14, 2011 Filing 3 NOTICE of designation under Local Rule 3.05 - track 2 (ERISA). Signed by Deputy Clerk on 9/14/2011. (MGG)
September 7, 2011 Filing 2 AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Jacksonville Judges on 5/25/2005. (DTS)
September 7, 2011 Filing 1 COMPLAINT against Central States Southeast & Southwest Areas Health & Welfare Fund, United Parcel Service, Inc. (Filing fee $ 350 receipt number JAX3107) filed by Mary Ann Beck, Clifford E. Beck.(DTS)
September 7, 2011 Summons issued as to Central States Southeast & Southwest Areas Health & Welfare Fund, United Parcel Service, Inc.. (DTS)

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Defendant: United Parcel Service, Inc.
Represented By: Michael Gregory Prendergast
Represented By: Lindsay Dennis Swiger
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Defendant: Central States Southeast & Southwest Areas Health & Welfare Fund
Represented By: Denis L. Durkin
Represented By: Francis J. Carey
Represented By: Michael S. Vitale
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Plaintiff: Clifford E. Beck
Represented By: Thomas A. Delegal, III
Represented By: Wendy Elizabeth Byndloss
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Plaintiff: Mary Ann Beck
Represented By: Thomas A. Delegal, III
Represented By: Wendy Elizabeth Byndloss
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