Malloy v. Walgreen Company et al
Plaintiff: Daniel Malloy
Defendant: Walgreen Company, Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan and Newport Group, Inc.
Case Number: 1:2020cv05686
Filed: September 24, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: Robert M Dow
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2020 Opinion or Order Filing 22 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion for leave to file sur-reply #18 , to which an objection has been lodged [see 20], is taken under advisement and will be ruled on in the same written order that disposes of the original motion to remand #11 . Notice of motion date of 11/9/2020 is stricken and no appearances are necessary on that date. Emailed notice (cdh, )
November 4, 2020 Opinion or Order Filing 21 NOTICE by Daniel Malloy re objections, #20 (Ford, Christopher)
November 4, 2020 Opinion or Order Filing 20 OBJECTIONS by Daniel Malloy to MOTION by Defendants Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan, Walgreen Company for leave to file Surreply #18 , notice of motion #19 Objection to Walgreen Defendants' Motion for Leave to File Sur Reply (Ford, Christopher)
November 3, 2020 Opinion or Order Filing 19 NOTICE of Motion by Samuel Michael Schwartz-Fenwick for presentment of motion for leave to file, #18 before Honorable Robert M. Dow Jr. on 11/9/2020 at 09:15 AM. (Schwartz-Fenwick, Samuel)
November 3, 2020 Opinion or Order Filing 18 MOTION by Defendants Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan, Walgreen Company for leave to file Surreply (Attachments: #1 Exhibit A - Walgreens Defendants' Surreply In Opposition To Motion To Remand)(Schwartz-Fenwick, Samuel)
November 2, 2020 Opinion or Order Filing 17 NOTICE by Daniel Malloy re reply to response to motion #16 (Ford, Christopher)
November 2, 2020 Opinion or Order Filing 16 REPLY by Daniel Malloy to response in opposition to motion #14 , MOTION by Plaintiff Daniel Malloy to remand #11 (Attachments: #1 Exhibit Exhibit 15 - VP Gen. Counsel Kristen Kennedy 10.21.2020 e-mail)(Ford, Christopher)
October 22, 2020 Opinion or Order Filing 15 MINUTE entry before the Honorable Robert M. Dow, Jr: In consideration of the two motions pending before the Court(1) Defendants' motion to dismiss #9 and (2) Plaintiff's motion to remand #11 -and the email correspondence sent to the Courtroom Deputy on 10/15/2020 concerning these motions, the Court sets the following schedule. By agreement of the parties, the motion to remand #11 will be briefed as follows: response due 10/22/2020; reply due 11/2/2020. The Court will issue a ruling by mail. The motion to dismiss #9 is entered and continued until the Court rules on the motion to remand; if the case is remanded, the state court should set the schedule on any matters going to the merits of the case; if the case remains in federal court, a schedule for briefing the motion to dismiss will be set promptly. Notice of motion date of 10/23/2020 is stricken and no appearances are necessary on that date. Emailed notice (cdh, )
October 22, 2020 Opinion or Order Filing 14 RESPONSE by Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan, Walgreen Companyin Opposition to MOTION by Plaintiff Daniel Malloy to remand #11 (Schwartz-Fenwick, Samuel)
October 15, 2020 Opinion or Order Filing 13 NOTICE of Motion by Christopher Patrick Ford for presentment of motion to remand, #11 before Honorable Robert M. Dow Jr. on 10/23/2020 at 09:15 AM. (Ford, Christopher)
October 15, 2020 Opinion or Order Filing 12 NOTICE by Daniel Malloy re MOTION by Plaintiff Daniel Malloy to remand #11 (Ford, Christopher)
October 15, 2020 Opinion or Order Filing 11 MOTION by Plaintiff Daniel Malloy to remand (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Ford, Christopher)
October 8, 2020 Opinion or Order Filing 10 MEMORANDUM by Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan, Walgreen Company in support of motion to dismiss #9 Plaintiff's Amended Complaint with Prejudice (Schwartz-Fenwick, Samuel)
October 8, 2020 Opinion or Order Filing 9 MOTION by Defendants Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan, Walgreen Company to dismiss Plaintiff's Amended Complaint with Prejudice (Schwartz-Fenwick, Samuel)
October 5, 2020 Opinion or Order Filing 8 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant Walgreens' motion for extension of time to answer or otherwise plead #5 is granted to and including 10/8/2020. If Defendant files a motion to dismiss, the parties are directed to email the Courtroom Deputy an agreed briefing schedule no later than 10/15/2020. If Defendant files an answer, the parties are directed to file a joint status report including a proposed discovery plan no later than 10/22/2020. Notice of motion date of 10/6/2020 is stricken and no appearances are necessary on that date. Emailed notice (cdh, )
September 25, 2020 Opinion or Order Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan, Walgreen Company (Schwartz-Fenwick, Samuel)
September 25, 2020 Opinion or Order Filing 6 NOTICE of Motion by Samuel Michael Schwartz-Fenwick for presentment of motion for extension of time to file answer #5 before Honorable Robert M. Dow Jr. on 10/6/2020 at 09:15 AM. (Schwartz-Fenwick, Samuel)
September 25, 2020 Opinion or Order Filing 5 MOTION by Defendant Walgreen Company for extension of time to file answer (Schwartz-Fenwick, Samuel)
September 24, 2020 Opinion or Order Filing 4 ATTORNEY Appearance for Defendant Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan by Jules A. Levenson (Levenson, Jules)
September 24, 2020 Opinion or Order Filing 3 ATTORNEY Appearance for Defendant Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan by Samuel Michael Schwartz-Fenwick (Schwartz-Fenwick, Samuel)
September 24, 2020 Opinion or Order Filing 2 CIVIL Cover Sheet (Schwartz-Fenwick, Samuel)
September 24, 2020 Opinion or Order Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2020-L-008564) filed by Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan Filing fee $ 400, receipt number 0752-17471863. (Attachments: #1 Exhibit A - Summons & Complaint and Motion to File Amended Complaint, #2 Exhibit B - 1988 Plan Document, #3 Exhibit C - Letter to DOL, #4 Exhibit D - State Court Notice of Filing Notice of Removal)(Schwartz-Fenwick, Samuel)
September 24, 2020 Opinion or Order CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (mp, )

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Defendant: Walgreen Company
Represented By: Samuel Michael Schwartz-Fenwick
Represented By: Jules A. Levenson
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Defendant: Walgreen Co. 1988 Executive Deferred Compensation Capital Accumulation Plan
Represented By: Samuel Michael Schwartz-Fenwick
Represented By: Jules A. Levenson
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Defendant: Newport Group, Inc.
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Plaintiff: Daniel Malloy
Represented By: Christopher Patrick Ford
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