Fulton v. United Employee Benefit Fund et al
| JOE D. FULTON, individually, and as a representative of a Class of Participants and Beneficiaries of the United Employee Benefit Fund, and Joe D. Fulton |
| United Employee Benefit Fund, GARY MEYERS, JOHN FERNANDEZ, the BOARD OF TRUSTEES OF THE UNITED EMPLOYEE BENEFIT FUND, DAVID FENSLER and HERBERT O. MCDOWELL, III |
| 1:2023cv02468 |
| April 19, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 WAIVER OF SERVICE returned executed by Joe D. Fulton. David Fensler waiver sent on 5/17/2023, answer due 7/17/2023. (DeBofsky, Mark) |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: The defense's motion to file their response in excess of 15 pages but not more than 23 pages #16 is granted. Emailed notice (mw, ) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: Matthew Sheridan's motion to appear pro hac vice for Defendants United Employee Benefit Fund, Gary Meyers, and John Fernandez #19 is granted. Christopher Rillo's and Raerani Reddy's motions to appear pro hac vice for Defendant United Employee Benefit Fund #20 , #21 are granted. Emailed notice (mw, ) |
| Filing 23 Request for Judicial Notice #17 by John Fernandez, Gary Meyers, United Employee Benefit Fund (Attachments: #1 Docket #71, #2 Docket #71-3, #3 Docket #74, #4 Docket #132, #5 Docket #139, #6 Docket #140, #7 Docket #144)(Tepper, Robert) |
| Filing 22 ATTORNEY Appearance for Defendants John Fernandez, Gary Meyers, United Employee Benefit Fund by Robert Ronald Tepper (Tepper, Robert) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20742361. (Reddy, Raerani) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20742238. (Rillo, Christopher) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20741942. (Sheridan, Matthew) |
| Filing 18 WAIVER OF SERVICE returned executed by Joe D. Fulton. Herbert O. McDowell, III waiver sent on 5/17/2023, answer due 7/17/2023. (DeBofsky, Mark) |
| Filing 17 RESPONSE by John Fernandez, Gary Meyers, United Employee Benefit Fundin Opposition to MOTION by Plaintiff JOE D. FULTON, individually, and as a representative of a Class of Participants and Beneficiaries of the United Employee Benefit Fund, for temporary restraining order and Preliminary Injuction #4 (Attachments: #1 Declaration of Henry Sledz, #2 Declaration of Tom Angell, #3 Declaration of Christopher J. Rillo, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5)(Tepper, Robert) |
| Filing 16 MOTION by Defendants John Fernandez, Gary Meyers, United Employee Benefit Fund for leave to file excess pages (Tepper, Robert) |
| Filing 15 MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the position statements, R. 10, 12, 14, this case is sufficiently distinct from the Futterman action, 20-cv-6722, to require this case to proceed on its own track. If issue preclusion (probably against the Defendants if anyone, but not until the case comes to a final conclusion, including on appeal) or some other potential impact arises out of the Futterman case, then the parties may seek appropriate relief here. With the assertion that the Defendants are willing to waive service, R. 12, the Court deems that service has been waived. The responsive pleading deadline is set for 07/18/2023. (2.) On the motion for TRO and preliminary injunction, the Defendants shall respond by 06/14/2023. The Plaintiff shall reply by 06/22/2023. An in-person hearing on the motion is set for 07/05/2023 at 1:15 p.m. The tracking status hearing of 06/02/2023 is vacated. Emailed notice (mw, ) |
| Filing 14 REPLY by Plaintiff Joe D. Fulton to statement #12 (position) of Defendants (Secunda, Paul) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: On review of the defense position statement, R. 10, the Plaintiff shall file a concise reply on 05/30/2023. The Court notes that the Plaintiff should promptly effectuate service through defense counsel. The tracking status hearing of 05/26/2023 is reset to 06/02/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 12 Position STATEMENT by John Fernandez, Gary Meyers, The Board of Trustees of the United Employee Benefit Fund (Tepper, Robert) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 10, the defense shall file a concise position statement on whether the Futterman case, 20-cv-6722, poses any barrier to proceeding with briefing in this case. The position statement is due on 05/19/2023. Emailed notice (mw, ) |
| Filing 10 STATUS Report by Joe D. Fulton (Secunda, Paul) |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's supplement #8 to the provisional-relief motion, the motion is provisionally granted, thus staying this case until the now-filed Local Rule 40.4 motion is decided by the judge in Futterman, 20-cv-6722. That means that the response and reply deadlines in R. 7 are suspended for now. If the defense in this case objects to the stay, then they may file a motion for relief. The status hearing of 05/22/2023 is reset to a tracking status hearing on 05/26/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a status report on 05/19/2023. Emailed notice (mw, ) |
| Filing 8 MOTION by Plaintiff Joe D. Fulton to supplement motion for TRO and preliminary injunction (Secunda, Paul) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for provisional relief, as well as on review of the Civil Cover Sheet, it appears that 20-cv-6722, Futterman v. United Employee Benefit Fund, et al., is a related case. On review of the docket in Futterman, it appears that those parties are litigating closely related relief. The Plaintiff shall file a supplement to the motion explaining the status of the Futterman case and how the provisional-relief litigation there impacts (or does not impact) this case. Also, the supplement shall state whether the Plaintiff plans on moving to reassign this case for relatedness under Local Rule 40.4. The supplement is due on 04/28/2023. The Plaintiff shall immediately provide notice of this case and its filings to the Defendants. The defense response to the TRO and preliminary-injunction motion is due on 05/10/2023. The Plaintiff's reply is due on 05/15/2023. For now, a status hearing is set for 05/22/2023 at 12:15 p.m. Emailed notice (mw, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff JOE D. FULTON, individually, and as a representative of a Class of Participants and Beneficiaries of the United Employee Benefit Fund, by Paul Michael Secunda (Secunda, Paul) |
| Filing 5 MEMORANDUM by JOE D. FULTON, individually, and as a representative of a Class of Participants and Beneficiaries of the United Employee Benefit Fund, in support of motion for temporary restraining order #4 and Preliminary Injuction (Attachments: #1 Exhibit A-C)(DeBofsky, Mark) |
| Filing 4 MOTION by Plaintiff JOE D. FULTON, individually, and as a representative of a Class of Participants and Beneficiaries of the United Employee Benefit Fund, for temporary restraining order and Preliminary Injuction (DeBofsky, Mark) |
| Filing 3 COMPLAINT 'Filing Fee $402, Receipt No.: AILNDC-20556480. filed by JOE D. FULTON, individually, and as a representative of a Class of Participants and Beneficiaries of the United Employee Benefit Fund,; (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(DeBofsky, Mark) |
| Filing 2 ATTORNEY Appearance for Plaintiff JOE D. FULTON, individually, and as a representative of a Class of Participants and Beneficiaries of the United Employee Benefit Fund, by Mark D. DeBofsky (DeBofsky, Mark) |
| Filing 1 CIVIL Cover Sheet (DeBofsky, Mark) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (exr, ) |
| 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. (exr, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
