Mathias v. Caterpillar, Inc. et al
| Mathias and George W Mathias |
| Caterpillar, Inc, Caterpillar, Inc., Group Insurance Plan B, Caterpillar, Inc., Group Insurance Plan A, Caterpillar, Inc. Retiree Group Insurance Plan and Caterpillar Inc |
| 1:2016cv01323 |
| August 30, 2016 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| XX US, Outside State |
| Jonathan E Hawley |
| Michael M Mihm |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
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| Filing 41 JUDGMENT entered. (RK, ilcd) |
Filing 40
ORDER entered by Judge Michael M. Mihm on 9/28/2018. Defendant's Motion to Dismiss (ECF No. #31 ) is GRANTED. The Clerk of the Court is DIRECTED to enter judgment in favor of the Defendants, and against the Plaintiff. This matter is now TERMINATED.SEE FULL WRITTEN ORDER. (JS, ilcd)
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TEXT ONLY ORDER granting #38 Motion for Leave to File Reply Brief. Plaintiff has also filed a sur-reply. (See ECF No. 39). All pleadings will be considered. Entered by Judge Michael M. Mihm on 12/5/2017. (MMM4, ilcd)
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| Filing 39 REPLY to Response to Motion re #38 MOTION for Leave to File Instanter A Reply In Support of Defendants' Motion to Dismiss filed by Plaintiff George W Mathias. (Attachments: #1 Exhibit, #2 Certificate of Service)(Gallagher, John) Modified on 11/20/2017 (JS, ilcd). |
| Filing 38 MOTION for Leave to File Instanter A Reply In Support of Defendants' Motion to Dismiss by Defendants Caterpillar Inc, Caterpillar, Inc. Retiree Group Insurance Plan, Caterpillar, Inc., Group Insurance Plan A, Caterpillar, Inc., Group Insurance Plan B. Responses due by 11/24/2017 (Attachments: #1 Reply In Support of Motion to Dismiss, #2 Exhibit 1 to Reply, #3 Exhibit 2 to Reply, #4 Exhibit 3 to Reply, #5 Exhibit 4 to Reply)(Casciari, Mark) |
| Filing 37 MEMORANDUM in Opposition re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff George W Mathias. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Affidavit)(Gallagher, John) |
| Filing 36 MEMORANDUM in Opposition re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff George W Mathias. (Gallagher, John) |
| Filing 35 RESPONSE to Motion re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff George W Mathias. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Affidavit)(Gallagher, John) |
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Filing 34
TEXT ORDER denying #33 Plaintiff's Motion to Stay. The Plaintiff seeks to stay this case pending the filing of, and the United States Supreme Court's disposition of, a petition for certiorari before that Court. Given the statistical unlikelihood of a grant of a petition for certiorari in this case, or any other case for that matter, the case before this Court should not be delayed on the slim chance that the United States Supreme Court will accept review. Should the United States Supreme Court grant the petition for certiorari, then this Court will reconsider the Plaintiff's motion. Entered by Magistrate Judge Jonathan E. Hawley on 11/3/2017. (Hawley, Jonathan)
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| Filing 33 MOTION to Stay ALL PROCEEDINGS by Plaintiff George W Mathias. Responses due by 11/16/2017 (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Affidavit)(Gallagher, John) |
| Filing 32 MEMORANDUM of Law re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Caterpillar Inc, Caterpillar, Inc. Retiree Group Insurance Plan, Caterpillar, Inc., Group Insurance Plan A, Caterpillar, Inc., Group Insurance Plan B. (Casciari, Mark) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Caterpillar Inc, Caterpillar, Inc. Retiree Group Insurance Plan, Caterpillar, Inc., Group Insurance Plan A, Caterpillar, Inc., Group Insurance Plan B. Responses due by 11/9/2017 (Casciari, Mark) |
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TEXT ONLY ORDER RE: Case Status. The United States Court of Appeals for the Seventh Circuit issued its Order denying Plaintiff's Petition for Writ of Mandamus. (ECF No. 30-1). Consistent with the previous Order of the Seventh Circuit (ECF No. 28), the stay in this matter is lifted, and the Defendants are directed to file answer or otherwise plead within 30 days from the date of this Order. This matter is referred to the Magistrate Judge for further handling. Entered by Judge Michael M. Mihm on 10/19/2017. (MMM4, ilcd)
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| Filing 30 NOTICE from USCA of Final Judgment regarding Petition for Writ of Mandamus. Mathias's Petition for Writ of Mandamus is DENIED, in accordance with the decision of this court entered on this date. (Attachments: #1 USCA Opinion)(JS, ilcd) |
| Filing 29 NOTICE of Change of Address by Mark A Casciari (Casciari, Mark) |
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Filing 28
ORDER of USCA in re: George W. Mathias. Upon consideration of the PETITIONER'S MOTION FOR STAY PENDING THE COURT'S DISPOSITION OF THE PETITION FOR A WRIT OF MANDAMUS, filed on November 2, 2016, by counsel for the petitioner, IT IS ORDERED that the motion is GRANTED. Proceedings in the district court are STAYED pending resolution of the petition for writ of mandamus. (JS, ilcd)
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| Filing 27 Remark: Petition for Writ of Mandamus filed with Court of Appeals. See attached documents. (Attachments: #1 Notice of Docketing, #2 Fee Notice, #3 Petition for Writ of Mandamus) (JS, ilcd) |
| Set/Reset Deadlines: Caterpillar Inc answer due 11/28/2016; Caterpillar, Inc. Retiree Group Insurance Plan answer due 11/28/2016; Caterpillar, Inc., Group Insurance Plan A answer due 11/28/2016; Caterpillar, Inc., Group Insurance Plan B answer due 11/28/2016. (JS, ilcd) |
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Filing 26
ORDER entered by Judge Michael M. Mihm on 10/27/2016. For reasons stated herein, Plaintiff George W. Mathias' Motion to Re-Transfer (ECF No. #19 ) is DENIED. The stay is now lifted. Pursuant to the Magistrate Judge's Order dated October 11, 2016, any Rule 12 motions or answer is due 30 days from the date of this Order. See full written Order.(JS, ilcd)
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| Filing 25 MEMORANDUM in Support re #24 MOTION for Leave to File Reply Brief in Support of Motion to Retransfer filed by Plaintiff George W Mathias. (Attachments: #1 Affidavit of Service)(Gallagher, John) |
| Filing 24 STRICKEN PURSUANT TO TEXT ORDER ENTERED 10/26/2016 MOTION for Leave to File Reply Brief in Support of Motion to Retransfer by Plaintiff George W Mathias. Responses due by 11/14/2016 (Gallagher, John) (Main Document 24 replaced on 10/26/2016 with correctly formatted document. Original filing was blank) (JRK, ilcd). Modified on 10/27/2016 (SL, ilcd). |
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TEXT ONLY ORDER striking #24 Motion for Leave to File. Motion appears to be improperly filed or upload incorrectly. Entered by Judge Michael M. Mihm on 10/26/2016. (MMM4, ilcd)
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| Filing 23 MEMORANDUM in Opposition re #19 MOTION to Transfer Case MOTION TO RETRANSFER MOTION to Stay ALL PROCEEDINGS PENDING FINAL DISPOSITION OF THE TRANSFER ISSUE Opposition to Plaintiff's Motion to Retransfer filed by Defendants Caterpillar Inc, Caterpillar, Inc. Retiree Group Insurance Plan, Caterpillar, Inc., Group Insurance Plan A, Caterpillar, Inc., Group Insurance Plan B. (Casciari, Mark) |
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Filing 22
ORDER granting #20 Motion to Stay proceedings pending final resolution of plaintiff's re-transfer motion. Entered by Magistrate Judge Jonathan E. Hawley on 10/11/16. (WG, ilcd)
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TEXT ONLY ORDER RESERVING RULING #19 Motion to Transfer Case; finding as moot #19 Motion to Stay. Motion requesting stay is MOOT given Magistrate Judge's Order dated 10/11/2016. Court to rule on Motion to Transfer after briefing complete. Entered by Judge Michael M. Mihm on 10/11/2016. (MMM4, ilcd)
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TEXT ORDER entered by Magistrate Judge Jonathan E. Hawley on 10/11/2016: Plaintiff's filing on 10/10/2016, #21 MOTION to Stay OF ALL PROCEEDINGS PENDING FINAL RESOLUTION OF PLAINTIFF'S RETRANSFER MOTION, is a duplicative filing of the Motion to Stay filed on 10/7/2016 #20 . The Clerk is ORDERED to STRIKE/VACATE d/e #21 MOTION to Stay as duplicative.(JRK, ilcd)
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| Filing 21 STRICKEN/VACATED PURSUANT TO TEXT ORDER ENTERED ON 10/11/2016: MOTION to Stay OF ALL PROCEEDINGS PENDING FINAL RESOLUTION OF PLAINTIFF'S RETRANSFER MOTION by Plaintiff George W Mathias. Responses due by 10/27/2016 (Attachments: #1 Text of Proposed Order)(Gallagher, John) Modified on 10/11/2016 to STRIKE/VACATE filing (JRK, ilcd). |
| Filing 20 MOTION to Stay OF ALL PROCEEDINGS PENDING FINAL RESOLUTION OF PLAINTIFF'S RETRANSFER MOTION by Plaintiff George W Mathias. Responses due by 10/24/2016 (Attachments: #1 Text of Proposed Order)(Gallagher, John) (Main Document 20 & Attachment 1 replaced on 10/11/2016 with correct documents. Original filing was blank) (JRK, ilcd). |
| Filing 19 MOTION to Transfer Case MOTION TO RETRANSFER, MOTION to Stay ALL PROCEEDINGS PENDING FINAL DISPOSITION OF THE TRANSFER ISSUE by Plaintiff George W Mathias. Responses due by 10/24/2016 (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Gallagher, John) |
| Set/Reset Deadlines: Motions due by 10/12/2016. (SL, ilcd) |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Atty J. Gallagher for Plaintiff and Atty M. Casciari for Defendant for Status Conference held on 10/4/2016. Discussion held re: status of the case. Defendant indicates it intends to file a Motion to Dismiss by 10/12/2016. Plaintiff indicates he intends to file a Motion to re-transfer the case by 10/12/2016. (Tape #PR-C: 2:45 PM.) (SL, ilcd) |
| Filing 18 NOTICE of Appearance of Attorney by Mark A Casciari on behalf of All Defendants (Casciari, Mark) |
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TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Status Conference set for Tuesday, 10/4/2016 at 2:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Conference is set to clarify attorney's admittance to practice in the CDIL and set an answer deadline as well as a Rule 16 conference date. Entered on 8/31/16. (WG, ilcd)
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| Filing 17 Case transferred in from District of Pennsylvania Eastern; Case Number 2:16-cv-01846. . |
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Filing 16
ORDER THAT DEFTS' MOTION TO TRANSFER IS GRANTED. IT IS FURTHER ORDERED THAT THIS CASE SHALL BE TRANSFERRED TO THE CENTRAL DISTRICT OF ILLINOIS FORTHWITH. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/29/16. 8/30/16 ENTERED AND COPIES E-MAILED.(fb)
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| Filing 15 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 08/29/2016. 08/29/2016 ENTERED AND COPIES E-MAILED.(nds) |
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Filing 14
ORDER THAT THE LETTER DATED AUGUST 17, 2016 FROM JOHN M. GALLAGHER, ESQUIRE TO THE HONORABLE EDUARDO C. ROBRENO, ATTACHED HERETO, SHALL BE FILED OF RECORD. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 08/23/2016. 08/23/2016 ENTERED AND COPIES E-MAILED.(nds)
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| Filing 13 Letter re #6 MOTION to Transfer MOTION to Dismiss filed by CATERPILLAR, INC., CATERPILLAR, INC. RETIREE GROUP INSURANCE PLAN, CATERPILLAR, INC., GROUP INSURANCE PLAN A, CATERPILLAR, INC., GROUP INSURANCE PLAN B. (OSLICK, JACOB) Modified on 8/23/2016 (fb). |
| Filing 12 Minute Entry for Motion Hearing held on 8/17/16 before Judge Robreno. Court Reporter: ESR. (mbh, ) |
| Filing 11 STATUS REPORT Joint Status Report by CATERPILLAR, INC., CATERPILLAR, INC. RETIREE GROUP INSURANCE PLAN, CATERPILLAR, INC., GROUP INSURANCE PLAN A, CATERPILLAR, INC., GROUP INSURANCE PLAN B. (OSLICK, JACOB) |
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Filing 10
ORDER THAT A HEARING TO CONSIDER DEFENDANTS' MOTION TO TRANSFER/MOTION TO DISMISS WILL BE HELD ON 8/17/16 AT 10:00 AM IN COURTROOM 15A. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/25/16. 7/26/16 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 9 NOTICE: A pretrial conference will be held on August 17, 2016 at 10:00 a.m. in Chambers - Room 15614 before the HONORABLE EDUARDO C. ROBRENO. (nds) |
| Filing 8 Declaration in Support of Plaintiff's Answer re #6 MOTION to Transfer MOTION to Dismiss Exhibit A Plaintiff's Declaration filed by GEORGE W. MATHIAS. (GALLAGHER, JOHN) Modified on 7/25/2016 (fb). |
| Filing 7 RESPONSE in Opposition re #6 MOTION to Transfer MOTION to Dismiss filed by GEORGE W. MATHIAS. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law in Support of Answer to Defendants' Motion to Transfer or Dismiss, #3 Memorandum, #4 Memorandum, #5 Exhibit A Plaintiff's Declaration in Support of Answer to Defendants' Motion to Dismiss or Transfer, #6 Certificate of Service)(GALLAGHER, JOHN) |
| Filing 6 MOTION to Transfer , MOTION to Dismiss filed by CATERPILLAR, INC., CATERPILLAR, INC. RETIREE GROUP INSURANCE PLAN, CATERPILLAR, INC., GROUP INSURANCE PLAN A, CATERPILLAR, INC., GROUP INSURANCE PLAN B.Memorandum, Declaration, Certificate of Service. (Attachments: #1 Brief in Support of Defendants' Motion to Transfer or Dismiss, #2 Declaration of Kyleen Martin, #3 Exhibit A to Martin's Declaration, #4 Exhibit B to Martin's Declaration, #5 Exhibit C to Martin's Declaration, part 1, #6 Exhibit C to Martin's Declaration, part 2, #7 Exhibit C to Martin's Declaration, part 3, #8 Exhibit C to Martin's Declaration, part 4, #9 Exhibit C to Martin's Declaration, part 5, #10 Exhibits D, E and F to Martin's Declaration, #11 Text of Proposed Order)(OSLICK, JACOB) |
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Filing 5
STIPULATION AND ORDER THAT DEFENDANTS' TIME TO RESPOND TO THE COMPLAINT IS EXTENDED 2 WEEKS THROUGH 7/7/16. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/22/16. 6/23/16 ENTERED AND COPIES E-MAILED.(mbh, ).
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| Filing 4 4 SUMMONS Returned Executed by GEORGE W. MATHIAS re: U.S. MARSHALS served Summons and Complaint upon CATERPILLAR, INC., CATERPILLAR, INC. RETIREE GROUP INSURANCE PLAN, CATERPILLAR, INC., GROUP INSURANCE PLAN A, CATERPILLAR, INC., GROUP INSURANCE PLAN B by PERSONAL. CATERPILLAR, INC. served on 6/2/2016, answer due 6/23/2016; CATERPILLAR, INC. RETIREE GROUP INSURANCE PLAN served on 6/2/2016, answer due 6/23/2016; CATERPILLAR, INC., GROUP INSURANCE PLAN A served on 6/2/2016, answer due 6/23/2016; CATERPILLAR, INC., GROUP INSURANCE PLAN B served on 6/2/2016, answer due 6/23/2016. (jaa, ) |
| Filing 3 Complaint against CATERPILLAR, INC., CATERPILLAR, INC. RETIREE GROUP INSURANCE PLAN, CATERPILLAR, INC., GROUP INSURANCE PLAN A, CATERPILLAR, INC. and GROUP INSURANCE PLAN B filed by GEORGE W. MATHIAS. (Attachments: #1 Exhibits, #2 Exhibits)(mbh, ) |
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Filing 2
ORDER THAT PLAINTIFF IS GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS. THE COMPLAINT IS TO BE FILED AND SUMMONS ARE TO BE ISSUED. THE UNITED STATES MARSHAL FOR THE EASTERN DISTRICT OF PENNSYLVANIA SHALL SERVE THE SUMMONS AND COMPLAINT UPON THE DEFENDANT AT NO COST TO THE PLAINTIFF. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/20/16. 4/20/16 ENTERED AND COPIES E-MAILED.(mbh, )
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| Summons Issued as to CATERPILLAR, INC., CATERPILLAR, INC. RETIREE GROUP INSURANCE PLAN, CATERPILLAR, INC., GROUP INSURANCE PLAN A, CATERPILLAR, INC., GROUP INSURANCE PLAN B. 4 summons Forwarded To: U.S. Marshal Service on 4/20/16 (mbh, ) Modified on 4/21/2016 (fb). Modified on 4/21/2016 (mbh, ). |
| Filing 1 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS by GEORGE W. MATHIAS. (Attachments: #1 Exhibit, #2 Exhibit, #3 Case Management Track Form, #4 Civil Cover Sheet, #5 Designation Form)(jwl, ) |
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