MARSH SUPERMARKETS, INC. v. MARSH
Plaintiff: MARSH SUPERMARKETS, INC.
Defendant: DON E. MARSH
Case Number: 1:2009cv00458
Filed: April 14, 2009
Court: US District Court for the Southern District of Indiana
Office: Labor: E.R.I.S.A. Office
County: Hamilton
Presiding Judge: David Frank Hamilton
Presiding Judge: Debra McVicker Lynch
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:1441 Petition for Removal
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Date Filed Document Text
October 18, 2013 Opinion or Order Filing 330 ORDER ON VARIOUS ISSUES RELATING TO THE PARTIES' MOTIONS FOR ATTORNEYS' FEES AND COSTS -- (1) Section II of Mr. Marsh's Motion to Amend Judgment [Docket No. 312], which sought reconsideration of our grant of attorneys' fees and ex penses to the Company on the non-ERISA claims, is GRANTED; the Company, however, remains entitled to recover its costs based on these claims. (2) Section II of the Company's Motion to Amend Judgment [Docket No. 314], which sought clarification o f the bases of the Court's now-vacated order on the Company's attorneys' fees, is DENIED. (3) The Company's Motion for Attorneys' Fees [Docket No. 308] is DENIED. (4) The Court withholds entry of specific judgment on amounts covering the Company's Bill of Costs [Docket No. 306], Mr. Marsh's Bill of Costs [Docket No. 299], and Mr. Marsh's Motion for Attorneys' Fees [Docket No. 300] pending fact-finding and a recommendation from a special master. Signed by Judge Sarah Evans Barker on 10/18/2013. (PGS)
October 11, 2013 Opinion or Order Filing 329 ORDER - ON DEFENDANT-COUNTER CLAIMANT'S RULE 58 MOTION ; Defendant - Counter claimant's motion is accordingly GRANTED *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 10/11/2013. (CKM)
July 31, 2013 Opinion or Order Filing 296 AMENDED ORDER - re 294 ; This Amended Order is issued solely to correct the error on page 9 of the original entry listing the number of jurors who participated in the February 2013 trial as six. In fact, there were nine jurors. This Amended Order is identical to the original Order in all other respects. Amended Order approved and issued. Signed by Judge Sarah Evans Barker on 7/31/2013.(CKM)
July 29, 2013 Opinion or Order Filing 294 ORDER On Post-Trial Claims. With respect to the remaining issues in this cause, we hold as follows: (1) the Company is not entitled to equitable relief under ERISA § 502(a)(3) (Count III of its Amended Complaint); (2) Mr. Marsh is entitled to e quitable relief under ERISA § 502(a)(3) (Count I of his Amended Counterclaim); (3) the Company breached Mr. Marsh's Employment Agreement by failing to tender Mr. Marsh's properly payable post-termination benefits (Count II of Mr. Marsh 's Amended Counterclaim); (4) Mr. Marsh is entitled to recover attorneys' fees and costs as incurred in litigating the ERISA claims, but only those claims; and (5) the Company is entitled to recover attorneys' fees and costs incurred i n litigating the non-ERISA claims in this lawsuit. Judgment shall issue in the amount of $2,171,261.48 to Mr. Marsh in satisfaction of his ERISA claims. The parties shall determine their respective attorneys' fees and costs and, if an agreement cannot be reached, submit the issues to the Court for final ruling. Signed by Judge Sarah Evans Barker on 7/29/2013.(PGS)
February 1, 2013 Opinion or Order Filing 229 ORDER. The Seventh Amendment right to trial by jury is available to Mr. Marsh on Count IV of his Amended Counterclaim. Signed by Judge Sarah Evans Barker on 2/1/2013.(PGS)
January 3, 2013 Opinion or Order Filing 180 ORDER - denying 173 Motion for Leave to Supplement Jury Questionnaire to the extent that he seeks to have his proposed jury questionnaire mailed to the venire in advance of trial. The Court will, however, consider the questions included in both Mr. Marsh's and Marsh Supermarkets' proposed questionnaires in conducting the in-court voir dire. Signed by Judge Sarah Evans Barker on 1/3/2013. (CKM)
October 23, 2012 Opinion or Order Filing 167 ORDER - granting 156 Motion in Limine. The Company and ERISA Plan are hereby barred from examining witnesses, offering evidence or commentary, or making reference to Mr. Marsh's prior invocation of the Fifth Amendment. *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 10/23/2012. (CKM)
March 8, 2012 Opinion or Order Filing 136 ORDER - denying 95 Motion for Summary Judgment; For the reasons detailed in this entry, we cannot conclude based on the record before us that "no genuine issue as to any material fact" exists regarding any of the counts set fort h in the parties' briefs and that judgment is appropriate as a matter of law. Summary judgment as to all counts at issue in Defendant's motion is accordingly DENIED, and the parties accordingly shall continue their preparations for trial. *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 3/8/2012. (CKM)
June 3, 2011 Opinion or Order Filing 120 ORDER granting Plaintiff's 113 Motion for Reconsideration of nonparty David A. Marsh's motion for protective order, and the limited disqualification previously ordered 112 is nullified. Baker & Daniels may therefore depose David on behalf of Marsh Supermarkets, Inc. Signed by Magistrate Judge Tim A. Baker on 6/3/2011. (MAC)
May 20, 2011 Opinion or Order Filing 112 ORDER ON NONPARTY DAVID A. MARSH'S MOTION FOR PROTECTIVE ORDER: Nonparty David A. Marsh's motion for protective order 88 and motion to correct 104 are granted, and therefore Baker & Daniels may not depose David on behalf of Marsh Supermarkets, Inc. - See Order for Details. Signed by Magistrate Judge Tim A. Baker on 5/20/2011. (SWM)
July 23, 2010 Opinion or Order Filing 58 ORDER granting in part and denying in part 39 Motion for Judgment on the Pleadings. Mr. Marsh's motion for judgment on the pleadings on Count I of the Amended Complaint is GRANTED in part and DENIED in part; and Mr. Marsh's motion for judgment on the pleadings with respect to Count III of the Amended Complaint, Count I of the Amended Counterclaim, and Count VI of the Amended Counterclaim is Denied (S.O.). Signed by Judge Sarah Evans Barker on 7/23/2010. (MAC)
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Plaintiff: MARSH SUPERMARKETS, INC.
Represented By: Christopher William Smith
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Defendant: DON E. MARSH
Represented By: Andrew M. McNeil
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