Lard et al v. Marmon Holdings, Inc. et al
| Jennifer R. Lard, John G. Juergens, Gerald L. Robinson, Scott W. Anderson, Thomas A. Pitera, Sharon Bradley-Smith and Toranz J. Plummer |
| Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc., Marmon Retirement Administrative Committee and John Does 1-30 |
| 1:2022cv04332 |
| August 16, 2022 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1109 Breach of Fiduciary Duties |
| None |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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Filing 42
MEMORANDUM Opinion and Order Signed by the Honorable John Robert Blakey on 9/22/2023. Mailed notice(gel, )
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Filing 41
MINUTE entry before the Honorable John Robert Blakey: For the reasons explained in the accompanying Memorandum Opinion and Order, the Court grants Defendants' motion to dismiss #19 and dismisses the Amended Complaint. The dismissal is without prejudice, however, and Plaintiffs may file an amended complaint within 21 days of this order, if they can, in good faith and consistent with Rule 11, set forth factual allegations to cure the deficiencies discussed above. If Plaintiffs fail to file an amended complaint by this date, the Court will dismiss this case. Mailed notice (gel, )
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Filing 40
MINUTE entry before the Honorable John Robert Blakey: Attorney Jed W. Glickstein's motion to withdraw as attorney #39 is granted. Mailed notice (gel, )
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Filing 39
MOTION by Attorney Jed W. Glickstein to withdraw as attorney for Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc.. No party information provided (Glickstein, Jed)
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Filing 38
SUPPLEMENT to memorandum in opposition to motion, #23 Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit A - Hughes v. Northwestern, #2 Exhibit B - Broiwn v. Mitre, #3 Exhibit C - Lucero v. Credit Union, #4 Exhibit D - Norton v. Mass General, #5 Exhibit E - Monteiro v. Children's Hospital, #6 Exhibit F - Stengl v. L3Harris, #7 Exhibit G - Sutter Health ERISA Litigation)(Gyandoh, Mark)
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Filing 37
MINUTE entry before the Honorable John Robert Blakey: The Court grants #31 and accepts both the supplemental authority and Defendants' response thereto #32 . The Court declines Plaintiff's additional requests for leave to cite supplemental authority #33 , #34 , #36 and no further briefing is permitted. The Court assures the parties that in ruling on the pending motion, it will consider all relevant, binding authority. Mailed notice (gel, )
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Filing 36
MOTION by Plaintiffs Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson for leave to file Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit 1 - Plaintiffs' Notice of Supplemental Authority)(Gyandoh, Mark)
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Filing 35
RESPONSE by Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. to MOTION by Plaintiffs Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson for leave to file Plaintiffs' Notice of Supplemental Authorities #34 (Attachments: #1 Exhibit 1 - Mateya v. Cook Group Inc.)(Ross, Nancy)
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Filing 34
MOTION by Plaintiffs Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson for leave to file Plaintiffs' Notice of Supplemental Authorities (Attachments: #1 Exhibit 1 - Plaintiffs Notice of Supplemental Authorities)(Gyandoh, Mark)
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Filing 33
MOTION by Plaintiffs Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson for leave to file Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit 1 - Plaintiffs' Notice of Supplemental Authority)(Gyandoh, Mark)
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Filing 32
RESPONSE by Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. to MOTION by Plaintiffs Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson for leave to file Notice of Supplemental Authorities #31 (Ross, Nancy)
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Filing 31
MOTION by Plaintiffs Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson for leave to file Notice of Supplemental Authorities (Attachments: #1 Exhibit 1 - Plaintiffs' Notice of Supplemental Authorities)(Gyandoh, Mark)
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Filing 30
REPLY by Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. (Defendants' Motion to Dismiss Plaintiffs' First Amended Comp #19 , memorandum in opposition to motion, #23 (Ross, Nancy)
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Filing 29
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Marmon Holdings, Inc. (Ross, Nancy)
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Filing 28
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 27
MINUTE entry before the Honorable John Robert Blakey: Defendant's unopposed motion to modify the briefing schedule #25 is granted and any reply to the pending motion to dismiss shall be filed on or before 1/16/2023. Motion hearing set for 1/4/2023 is stricken. Mailed notice (gel, )
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Filing 26
(Notice of Defendants' Unopposed Motion to Modify the Briefing Schedule for Defendants' Motion to Dismiss) NOTICE of Motion by Nancy G. Ross for presentment of motion for miscellaneous relief #25 before Honorable John Robert Blakey on 1/4/2023 at 11:00 AM. (Ross, Nancy)
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Filing 25
MOTION by Defendants Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. to Modify the Briefing Schedule for Defendants' Motion to Dismiss (Unopposed) (Ross, Nancy)
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Filing 24
DECLARATION of Mark K. Gyandoh regarding memorandum in opposition to motion, #23 (Attachments: #1 Exhibit 1 - Coviello et al v. BHS Management Services, #2 Exhibit 2 - Moler v. University of Maryland Medical Center System, #3 Exhibit 3 - Moore v. Humana, #4 Exhibit 4 - Garcia v. Alticor, #5 Exhibit 5 - Smith v. VCA, #6 Exhibit 6 - McNeilly v. Spectrum)(Gyandoh, Mark)
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Filing 23
MEMORANDUM by Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson in Opposition to Motion to Dismiss for Failure to State a Claim, #19 Plaintiffs' Opposition to Defendants' Motion to Dismiss the First Amended Complaint (Gyandoh, Mark)
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Filing 22
MINUTE entry before the Honorable John Robert Blakey: In light of Plaintiffs' amended complaint #19 , the Court denies as moot Defendants' motion to dismiss #14 the initial complaint. Plaintiffs shall respond to Defendants' motion to dismiss #19 the amended complaint by 12/26/22, and Defendants shall file any reply by 1/9/23. The 12/29/22 Notice of Motion date is stricken. Mailed notice (gel, )
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Filing 21
NOTICE of Motion by Nancy G. Ross for presentment of Motion to Dismiss for Failure to State a Claim, #19 before Honorable John Robert Blakey on 12/29/2022 at 11:00 AM. (Ross, Nancy)
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Filing 20
MEMORANDUM by Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. in support of Motion to Dismiss for Failure to State a Claim, #19 (Memorandum in Support of Defendants' Motion of Dismiss Plaintiffs' First Amended Complaint) (Attachments: #1 Exhibit A - Comparison of Amended and Original Complaints, #2 Exhibit B - MERP Plan and Amendment, #3 Exhibit C - FINRA TDFs Explained, #4 Exhibit D - Service Code Comparison, #5 Exhibit E - Morningstar Fund Analysis)(Ross, Nancy)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. (Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint) (Ross, Nancy)
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Filing 18
AMENDED complaint by Sharon Bradley-Smith, Gerald L. Robinson, Toranz J. Plummer, John G. Juergens, Scott W. Anderson, Jennifer R. Lard, Thomas A. Pitera against Marmon Retirement Administrative Committee, John Does 1-30, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. (Gyandoh, Mark)
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Filing 17
MINUTE entry before the Honorable John Robert Blakey: Based upon the briefing schedule set in minute entry #13 , motion hearing set for 12/6/2022 is stricken. Mailed notice (gel, )
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Filing 16
MEMORANDUM by Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. in support of Motion to Dismiss for Failure to State a Claim #14 (Ross, Nancy)
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Filing 15
NOTICE of Motion by Nancy G. Ross for presentment of Motion to Dismiss for Failure to State a Claim #14 before Honorable John Robert Blakey on 12/6/2022 at 11:00 AM. (Ross, Nancy)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. (Ross, Nancy)
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Filing 13
MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in the parties' 9/23/22 status report #12 , the Court sets initial case management dates as follows: Defendants shall respond to the complaint by 10/17/22; if, as anticipated, Defendants move to dismiss, then, pursuant to this Court's standing order, Plaintiff shall file either an amended complaint or a response to Defendants' motion by 11/7/22. If Plaintiff files a response, then Defendants shall file their reply by 11/21/22; if Plaintiff files an amended complaint, then Defendants shall respond by 11/28/22. Mailed notice (gel, )
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Filing 12
REPORT of Rule 26(f) Planning Meeting by Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson (Gyandoh, Mark)
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Filing 11
ATTORNEY Appearance for Defendants Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. by Elaine Liu (Liu, Elaine)
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Filing 10
ATTORNEY Appearance for Defendants Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. by Jed Wolf Glickstein (Glickstein, Jed)
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Filing 9
ATTORNEY Appearance for Defendants Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. by J. Gregory Deis (Deis, J.)
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Filing 8
ATTORNEY Appearance for Defendants Marmon Retirement Administrative Committee, Marmon Holdings, Inc., The Board of Directors of Marmon Holdings, Inc. by Nancy G. Ross (Ross, Nancy)
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Filing 7
WAIVER OF SERVICE returned executed by Sharon Bradley-Smith, Gerald L. Robinson, Toranz J. Plummer, John G. Juergens, Scott W. Anderson, Jennifer R. Lard, Thomas A. Pitera. Marmon Retirement Administrative Committee waiver sent on 8/17/2022, answer due 10/17/2022. (Gyandoh, Mark)
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Filing 6
WAIVER OF SERVICE returned executed by Sharon Bradley-Smith, Gerald L. Robinson, Toranz J. Plummer, John G. Juergens, Scott W. Anderson, Jennifer R. Lard, Thomas A. Pitera. The Board of Directors of Marmon Holdings, Inc. waiver sent on 8/17/2022, answer due 10/17/2022. (Gyandoh, Mark)
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Filing 5
WAIVER OF SERVICE returned executed by Sharon Bradley-Smith, Gerald L. Robinson, Toranz J. Plummer, John G. Juergens, Scott W. Anderson, Jennifer R. Lard, Thomas A. Pitera. Marmon Holdings, Inc. waiver sent on 8/17/2022, answer due 10/17/2022. (Gyandoh, Mark)
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Filing 4
MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 9/23/2022, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, )
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Filing 3
ATTORNEY Appearance for Plaintiffs Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson by Mark K Gyandoh (Gyandoh, Mark)
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Filing 2
ATTORNEY Appearance for Plaintiffs Scott W. Anderson, Sharon Bradley-Smith, John G. Juergens, Jennifer R. Lard, Thomas A. Pitera, Toranz J. Plummer, Gerald L. Robinson by Donald Roberts Reavey (Reavey, Donald)
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CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (jb, )
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jb, )
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Filing 1
COMPLAINT filed by Sharon Bradley-Smith, Gerald L. Robinson, Toranz J. Plummer, John G. Juergens, Scott W. Anderson, Jennifer R. Lard, Thomas A. Pitera; Filing fee $ 402, receipt number AILNDC-19748607. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Reavey, Donald)
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