Blakey v. Caterpillar, Inc. et al
| Margaret Blakey |
| Caterpillar Retirement Income Plan Benefit Committee, Caterpillar Retirement Income Plan and Caterpillar Inc |
| 1:2009cv01318 |
| September 22, 2009 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Peoria |
| Byron G Cudmore |
| Joe Billy McDade |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on January 10, 2011. A more recent docket listing may be available from PACER.
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Filing 29
ORDER and OPINION entered by Judge Joe Billy McDade on 1/10/11. IT IS HEREBY ORDERED that this action is DISMISSED WITH PREJUDICE, with both parties to bear their own costs and attorneys' fees. CASE TERMINATED (FDT, ilcd)
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| Filing 28 STIPULATION of Dismissal With Prejudice by Margaret Blakey. (Attachments: #1 Text of Proposed Order Order of Dismissal)(Steagall, Richard) |
| Set/Reset Deadlines: Settlement Papers due by 1/10/2011 (FDT, ilcd) |
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TEXT ORDER granting #27 Motion for Extension of Time to File Settlement Documents. The parties are granted until January 10, 2011, to submit the appropriate settlement papers. Entered by Judge Joe Billy McDade on 12/27/2010. (JBM9, ilcd)
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| Filing 27 MOTION for Extension of Time to File Settlement Documents to January 10, 2011 by Plaintiff Margaret Blakey. Responses due by 1/10/2011 (Steagall, Richard) |
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TEXT ORDER granting #26 Consent Motion for Extension of Time to File Settlement Documents. The parties are granted until December 23, 2010, to submit the appropriate settlement papers. Entered by Judge Joe Billy McDade on 12/7/2010. (JBM9, ilcd)
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| Filing 26 Consent MOTION for Extension of Time to File Settlement Documents by Plaintiff Margaret Blakey. Responses due by 12/23/2010 (Steagall, Richard) |
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TEXT ORDER: The Court has been informed that a settlement has been reached in this case. Pursuant to Local Rule 16.1(C), the parties are granted 35 days in which to file appropriate settlement papers. The Final Pretrial Conference set for 11/18/2010 and Jury Trial set for 12/20/2010 are hereby VACATED. Entered by Judge Joe Billy McDade on 11/1/2010. (JBM9, ilcd)
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TEXT ONLY ORDER entered by Judge Joe Billy McDade. Court sets the following hearings: Final Pretrial Conference set for 11/18/2010 at 10:00 AM, parties to meet with LC 14 at 9:00 AM in Courtroom D in Peoria before Judge Joe Billy McDade. Jury Trial set for 12/20/2010 at 09:00 AM in Courtroom D in Peoria before Judge Joe Billy McDade. (RK, ilcd)
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| MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Byron Cudmore: Scheduling Conference held on 7/22/2010. Attorneys Richard L. Steagall and Barbara H. Borowski present by telephone for Rule 16 conference; Defendants to produce administrative record by 8/23/2010; dispositive motions deadline set 9/30/2010. Final pretrial and trial dates to be set as necessary after ruling on dispositive motions. (LB, ilcd) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting by Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc.. (Borowski, Barbara) |
| Filing 24 NOTICE of Appearance of Attorney by Barbara H Borowski on behalf of Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc. (Borowski, Barbara) |
| NOTICE OF HEARING: Rule 16 Scheduling Conference set for Thursday, 7/22/2010, at 11:30 AM by telephone from Springfield (court will place call) before Magistrate Judge Byron G. Cudmore. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 7/21/2010. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd) |
| Filing 23 ANSWER to #22 Amended Complaint by Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc..(Dolph, Ada) |
| Filing 22 AMENDED COMPLAINT against Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc., filed by Margaret Blakey.(Steagall, Richard) |
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Filing 21
ORDER Entered by Judge Joe Billy McDade on 5/25/10. Magistrate Judge Cudmores Report and Recommendation #16 is ADOPTED. Defendants Motion to Dismiss Plaintiffs Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) #10 is DENIED IN PART and GRANTED IN PART. Defendants Motion to Dismiss is DENIED, with leave to renew the argument on summary judgment, as to Plaintiffs first claim for relief under 502(a)(1)(B). Defendants Motion to Dismiss is GRANTED as to Plaintiffs alternate claim for relief under 502(a)(1)(B), alleging breach of fiduciary duty in claims processing; this claim is DISMISSED WITH PREJUDICE. Plaintiff SHALL file an Amended Complaint within 14 days of the date of this Order omitting this alternate claim. This matter is REFERRED to Magistrate Judge Cudmore for further pretrial proceedings. (FDT, ilcd) SEE FULL ORDER.
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| Set/Reset Deadlines: Plaintiff's Amended Complaint due by 6/8/2010. (FDT, ilcd) |
| Filing 20 NOTICE of Change of Address by John T Murray (Murray, John) |
| Filing 19 Response by Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc. re #17 Objection to Report and Recommendations. (Dolph, Ada) |
| Set/Reset Deadlines: Response to #17 Objection due by 4/19/2010 (FDT, ilcd) |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to #17 Objection to Report and Recommendations (UNOPPOSED MOTION) by Defendants Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc.. Responses due by 4/26/2010 (Dolph, Ada) |
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TEXT ORDER granting #18 Motion for Extension of Time to File Response to Plaintiff's Objections. Defendants' Response is now due on or before April 19, 2010. Entered by Judge Joe Billy McDade on 4/8/10. (JBM8, ilcd)
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| Filing 17 OBJECTION to #16 Report and Recommendations of March 8, 2010. (Steagall, Richard) |
| Filing 16 REPORT AND RECOMMENDATION by U.S. Magistrate Judge Byron Cudmore RECOMMENDING that Defendants' Motion to Dismiss Plaintiff's Complaint #10 be allowed in part and denied in part. See written order. Objections to R&R due by 3/25/2010. (LB, ilcd) |
| Filing 15 REPLY to #13 Response to Motion re #10 MOTION to Dismiss Plaintiff's Complaint filed by Defendants Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc. (FDT, ilcd) |
| Filing 14 MOTION for Leave to File Reply In Support of Defendants' Motion to Dismiss by Defendants Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc.. Responses due by 2/8/2010 (Attachments: #1 Reply In Support of Motion to Dismiss Plaintiff's Complaint)(Dolph, Ada) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Defendants' Motion for Leave to Reply in Support of Its Motion to Dismiss #14 ALLOWED. Clerk directed to docket reply [14-1]. (LB, ilcd)
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| Filing 13 RESPONSE to Motion re #10 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Margaret Blakey. (Steagall, Richard) |
| Filing 12 Consent MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss Plaintiff's Complaint to January 6, 2010 by Plaintiff Margaret Blakey. Responses due by 1/14/2010 (Steagall, Richard) |
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TEXT ORDER granting #12 Plaintiff's Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. Plaintiff's Response is now due on or before 1/6/2010. Entered by Judge Joe Billy McDade on 12/28/09. (JBM8, ilcd)
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| Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss Plaintiff's Complaint filed by Defendants Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc.. (Dolph, Ada) |
| Filing 10 MOTION to Dismiss Plaintiff's Complaint by Defendants Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc.. Responses due by 12/28/2009 (Dolph, Ada) |
| Filing 9 NOTICE of Appearance of Attorney by John T Murray on behalf of Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc. (Murray, John) |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Defendants' Unopposed Motion for Extension of Time #8 ALLOWED. Defendants' answers due 12/10/2009. (LB, ilcd)
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| Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint (UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT) by Defendants Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc.. Responses due by 11/23/2009 (Dolph, Ada) |
| Filing 7 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 (Corporate Disclosure Statement) by Caterpillar, Inc.. (Dolph, Ada) |
| Filing 6 NOTICE of Appearance of Attorney by Ada W. Dolph on behalf of Caterpillar Retirement Income Plan, Caterpillar Retirement Income Plan Benefit Committee, Caterpillar, Inc. (Dolph, Ada) |
| Filing 5 Summons Issued as to Caterpillar, Inc.. (FDT, ilcd) |
| Filing 4 Summons Issued as to Caterpillar Retirement Income Plan Benefit Committee. (FDT, ilcd) |
| Filing 3 Summons Issued as to Caterpillar Retirement Income Plan. (FDT, ilcd) |
| Filing 2 +++ SEALED DOCUMENT - Email Confirming date case and $ received.. (SM, ilcd) |
| Filing 1 COMPLAINT against all defendants filed by Margaret Blakey. Filing fee $ 350. paid - receipt #14626005228. (Attachments: #1 Civil Cover Sheet)(FDT, ilcd) |
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