Tyrakowski v. Conagra Foods Inc., Pension Plan et al
| Steve Tyrakowski |
| Conagra Foods Inc., Pension Plan and Conagra Brands Employee Benefits Administrative Committee |
| 1:2023cv00894 |
| February 13, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the agreed motion for leave to file an amended complaint and for a scheduling order #15 . The parties request that the amended complaint be due 14 days after the entry of this order. They further want Defendants' motion to dismiss or otherwise respond be due 30 days after, a response 28 days following, and the reply 14 days after the filing of the response. For the reasons listed in the motion, the Court grants the agreed motion for leave to file an amended complaint and for a scheduling order #15 and adopts the proposed briefing schedule. The Court enters the following briefing schedule: The amended complaint due on or before 04/26/2023; Defendants' motion to dismiss due on or before 05/26/2023; Response due on or before 06/23/2023; Reply due on or before 07/07/2023. Additionally, Defendants' motion to dismiss #11 is terminated as moot. Emailed notice (axc). |
| Filing 15 MOTION by Plaintiff Steve Tyrakowski to amend/correct MOTION by Defendants Conagra Brands Employee Benefits Administrative Committee, Conagra Foods Inc., Pension Plan to dismiss #11 , complaint #1 , set motion and R&R deadlines/hearings, #13 , MOTION by Plaintiff Steve Tyrakowski for leave to file Amended Complaint (Heffner, Matthew) |
| Filing 14 ATTORNEY Appearance for Plaintiff Steve Tyrakowski by Charles Robert Watkins (Watkins, Charles) |
| Filing 13 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendants' motion to dismiss #11 as follows: Plaintiff's response is due on or before 04/12/2023; Defendant's reply is due on or before 04/26/2023. Emailed notice (axc). |
| Filing 12 MEMORANDUM (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Falkowski, Brittany) |
| Filing 11 MOTION by Defendants Conagra Brands Employee Benefits Administrative Committee, Conagra Foods Inc., Pension Plan to dismiss (Falkowski, Brittany) |
| Filing 10 MINUTE entry before the Honorable Franklin U. Valderrama: Defendants' have filed an unopposed motion to substitute exhibit 1 to Defendants' memorandum in support of their motion to dismiss #8 . Defendants mistakenly filed exhibit 7-1 without redacting the proper information. Defendants now seek to replace the improperly filed exhibit with the new filed exhibit included in #8 . The Court is unable to replace or terminate one exhibit included in a docket entry without doing the same to the other documents within that same docket entry. As such, the Court terminates Defendants' motion to dismiss #6 and Defendants' unopposed motion to substitute exhibit 1 to Defendants' memorandum in support of their motion to dismiss #8 without prejudice. Defendants may refile the motion to dismiss with the proper exhibit as a separate docket entry. Emailed notice (axc). |
| Filing 9 ATTORNEY Appearance for Defendants Conagra Brands Employee Benefits Administrative Committee, Conagra Foods Inc., Pension Plan by Brittany M. Falkowski (Falkowski, Brittany) |
| Filing 8 MOTION by Defendants Conagra Brands Employee Benefits Administrative Committee, Conagra Foods Inc., Pension Plan to amend/correct to Substitute Exhibit 1 to Memorandum in Support of their Motion to Dismiss (Attachments: #1 Exhibit 1 to Motion to Substitute)(Falkowski, Brittany) |
| Filing 7 MEMORANDUM by Conagra Brands Employee Benefits Administrative Committee, Conagra Foods Inc., Pension Plan in support of Motion to Dismiss for Failure to State a Claim #6 (Attachments: #1 Exhibit 1-Deferred Vested Statement, #2 Exhibit 2-Relevant Portions of BRIP, #3 Exhibit 3-Relevant Portions of Conagra Plan, #4 Exhibit 4-Appeal Denial Letter, #5 Exhibit 5-Response to Request for Plan Documents)(Falkowski, Brittany) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Conagra Brands Employee Benefits Administrative Committee, Conagra Foods Inc., Pension Plan (Falkowski, Brittany) |
| Filing 5 SUMMONS Returned Executed by Steve Tyrakowski as to Conagra Foods Inc., Pension Plan on 2/21/2023, answer due 3/14/2023. (Hurst, Matthew) |
| Filing 4 SUMMONS Returned Executed by Steve Tyrakowski as to Conagra Brands Employee Benefits Administrative Committee on 2/21/2023, answer due 3/14/2023. (Hurst, Matthew) |
| Filing 3 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 05/07/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (smm) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (smb, ) |
| 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. (smb, ) |
| SUMMONS Issued as to Defendants Conagra Brands Employee Benefits Administrative Committee, Conagra Foods Inc., Pension Plan (ak, ) |
| Filing 2 ATTORNEY Appearance for Plaintiff Steve Tyrakowski by Matthew Todd Hurst (Hurst, Matthew) |
| Filing 1 COMPLAINT filed by Steve Tyrakowski; Filing fee $ 402, receipt number AILNDC-20344883. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Hurst, Matthew) |
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