BUTCH et al v. ALCOA USA CORP. et al
| CHARLES R. WYATT, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH and MARTIN L. ELLISON |
| ALCOA USA CORP. and RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. |
| 3:2019cv00258 |
| December 19, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 |
| Plaintiff |
Docket Report
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| Filing 41 ANSWER to #1 Complaint , filed by All Defendants.(Miller, Mark) |
Filing 40
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 2/6/2020. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 38
SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE on Thursday, February 6, 2020 at 1:00 pm., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 2/4/2020.(JRB)
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| Filing 37 Surreply re #15 Emergency MOTION FOR RELIEF FROM IMPROPER COMMUNICATIONS WITH PUTATIVE CLASS MEMBERS , filed by Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark) |
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Filing 36
ORDER granting #34 Motion for Leave to File Surreply - It is hereby ORDERED that Defendants file the proposed surreply within three business days of this Order. Signed by Magistrate Judge Matthew P. Brookman on 2/3/2020. (JRB)
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| Filing 35 NOTICE OF NON-OPPOSITION, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT, re #34 MOTION for Leave to File Surreply. (Macey, Jeffrey) |
| Filing 34 MOTION for Leave to File Surreply, filed by Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Exhibit 1 - Proposed Surreply, #2 Text of Proposed Order)(Miller, Mark) |
| Filing 33 REPLY in Support of Motion re #15 Emergency MOTION FOR RELIEF FROM IMPROPER COMMUNICATIONS WITH PUTATIVE CLASS MEMBERS , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 Declaration of Larry Maxwell, #2 Declaration of Eugene Lashway, #3 Declaration of Mary Jo Huff, #4 Declaration of Karen U. Penn, #5 Declaration of Victoria Barbee, #6 Declaration of Pamina Ewing, #7 Exhibit 1 - Nonexecuted Declaration of V. Barbee (Provided for Courts Convenience), #8 Exhibit 2 1-16-20 Email from M. Ebbott to M. Millsap)(Ewing, Pamina) |
| Filing 32 RESPONSE in Opposition re #15 Emergency MOTION FOR RELIEF FROM IMPROPER COMMUNICATIONS WITH PUTATIVE CLASS MEMBERS , filed by Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Declaration of Kerry Allen, #3 Exhibit 2 - Dec 5 ALCOA Letter, #4 Exhibit 3 - Sample Check, #5 Exhibit 4 - Dec 26 ALCOA Letter, #6 Exhibit 5 - Jan 3 Ewing letter, #7 Exhibit 6 - Declaration of Thomas Birsic, #8 Exhibit 7 - Jan 10 ALCOA Letter, #9 Exhibit 8 - Jan 9 Birsic letter, #10 Exhibit 9 - Jan 10 Emails, #11 Exhibit 10 - Jan 10 Email from Pls, #12 Exhibit 11 - Jan 13 Birsic email, #13 Exhibit 12 - Jan 13 Ewing email, #14 Exhibit 13 - Jan 14 Ewing email, #15 Exhibit 14 - Jan 14 Birsic email, #16 Exhibit 15 - Jan 15 Ewing email, #17 Exhibit 16 - Jan 17 Hurt email, #18 Exhibit 17 - Jan 21 Birsic email, #19 Exhibit 18 - Jan 21 Ewing email, #20 Exhibit 19 - Jan 24 Ewing email)(Miller, Mark) |
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Filing 31
ORDER granting #29 Motion to Appear pro hac vice. Attorney Thomas E. Birsic for ALCOA USA CORP.,Thomas E. Birsic for RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 1/21/2020. (JRB)
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Filing 30
ORDER granting #18 Motion to Appear pro hac vice. Attorney Jeffrey P. Richter for ALCOA USA CORP.,Jeffrey P. Richter for RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. added. Signed by Magistrate Judge Matthew P. Brookman on 1/21/2020. (JRB)
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| Filing 29 MOTION for Attorney(s) Thomas E. Birsic to Appear pro hac vice (Filing fee $100, receipt number 0756-5815399), filed by Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Miller, Mark) |
| Filing 28 Submission of Proposed Order , re #18 MOTION for Attorney(s) Jeffrey P. Richter to Appear pro hac vice (Filing fee $100, receipt number 0756-5809897), filed by Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark) |
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Filing 27
ORDER granting #19 Motion to Appear pro hac vice. Attorney Rosemary Alito for ALCOA USA CORP.,Rosemary Alito for RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 1/15/2020. (JRB)
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Filing 26
ORDER granting #17 Motion FOR EXPEDITED BRIEFING AND CONSIDERATION OF EMERGENCY MOTION FOR RELIEF FROM IMPROPER COMMUNICATIONS WITH PUTATIVE CLASS MEMBERS - Defendants response to Plaintiffs emergency motion is due on or before January 24, 2020, with any reply from Plaintiffs is due on or before January 28, 2020. The Court will issue a ruling on this matter in due course. Signed by Magistrate Judge Matthew P. Brookman on 1/15/2020. (JRB)
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| Filing 25 NOTICE of Filing of Declaration of Clarence Marlow by All Plaintiffs (Attachments: #1 Affidavit Declaration of Clarence Marlow) (Macey, Jeffrey) |
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Filing 24
ORDER granting #10 Motion to Appear pro hac vice. Attorney William T. Payne for ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO,William T. Payne for EDMOND M. BUTCH,William T. Payne for MARTIN L. ELLISON,William T. Payne for UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC,William T. Payne for CHARLES R. WYATT added. Copy sent counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 1/15/2020. (JRB)
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Filing 23
ORDER granting #9 Motion to Appear pro hac vice. Attorney Ruairi McDonnell for ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO,Ruairi McDonnell for EDMOND M. BUTCH,Ruairi McDonnell for MARTIN L. ELLISON,Ruairi McDonnell for UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC,Ruairi McDonnell for CHARLES R. WYATT added. SEE ORDER. Copy sent to counsel. Signed by Magistrate Judge Matthew P. Brookman on 1/15/2020. (JRB)
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Filing 22
ORDER granting #8 Motion to Appear pro hac vice. Attorney David R. Jury for ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO,David R. Jury for EDMOND M. BUTCH,David R. Jury for MARTIN L. ELLISON,David R. Jury for UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC,David R. Jury for CHARLES R. WYATT added. Signed by Magistrate Judge Matthew P. Brookman on 1/15/2020. (JRB)
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Filing 21
ORDER granting #7 Motion to Appear pro hac vice. Attorney Joel R. Hurt for ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO,Joel R. Hurt for EDMOND M. BUTCH,Joel R. Hurt for MARTIN L. ELLISON,Joel R. Hurt for CHARLES R. WYATT added. Copy sent counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 1/15/2020. (JRB)
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Filing 20
ORDER granting #6 Motion to Appear pro hac vice. Attorney Pamina Ewing for ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO,Pamina Ewing for EDMOND M. BUTCH,Pamina Ewing for MARTIN L. ELLISON,Pamina Ewing for UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC,Pamina Ewing for CHARLES R. WYATT added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 1/15/2020. (JRB)
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| Filing 19 MOTION for Attorney(s) Rosemary Alito to Appear pro hac vice (Filing fee $100, receipt number 0756-5809902), filed by Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Affidavit Certification of Acknowledgement in Support of Application for Admission Pro Hac Vice_Alito, #2 Text of Proposed Order Order Granting Motion for Rosemary Alito to Appear Pro Hac Vice)(Miller, Mark) |
| Filing 18 MOTION for Attorney(s) Jeffrey P. Richter to Appear pro hac vice (Filing fee $100, receipt number 0756-5809897), filed by Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Affidavit Certification of Acknowledgement in Support of Application for Admission Pro Hac Vice_Jeffrey P. Richter)(Miller, Mark) |
| Filing 17 MOTION FOR EXPEDITED BRIEFING AND CONSIDERATION OF EMERGENCY MOTION FOR RELIEF FROM IMPROPER COMMUNICATIONS WITH PUTATIVE CLASS MEMBERS, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 Text of Proposed Order)(Macey, Barry) |
| Filing 16 BRIEF/MEMORANDUM in Support re #15 Emergency MOTION FOR RELIEF FROM IMPROPER COMMUNICATIONS WITH PUTATIVE CLASS MEMBERS , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 DECLARATION OF DAVID R. JURY, #2 DECLARATION OF KELLEY WOODARD, #3 DECLARATION OF PAMINA EWING, #4 INDEX OF EXHIBITS TO DECLARATION OF PAMINA EWING, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K)(Macey, Barry) |
| Filing 15 Emergency MOTION FOR RELIEF FROM IMPROPER COMMUNICATIONS WITH PUTATIVE CLASS MEMBERS, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 Text of Proposed Order)(Macey, Barry) |
| Filing 14 NOTICE of Parties' First Extension of Time, filed by Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark) |
| Filing 13 Corporate Disclosure Statement by ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark) |
| Filing 12 NOTICE of Appearance by Mark E. Miller on behalf of Defendants ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark) |
| Filing 11 NOTICE of Appearance by Jeffrey A. Macey on behalf of Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Macey, Jeffrey) |
| Filing 10 MOTION for Attorney(s) William T. Payne to Appear pro hac vice (Filing fee $100, receipt number 0756-5804300), filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 Exhibit A - Certification of William T. Payne, #2 Text of Proposed Order)(Macey, Barry) |
| Filing 9 MOTION for Attorney(s) Ruairi McDonnell to Appear pro hac vice (Filing fee $100, receipt number 0756-5804291), filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 Exhibit A - Certification of Ruairi McDonnell, #2 Text of Proposed Order)(Macey, Barry) |
| Filing 8 MOTION for Attorney(s) David R. Jury to Appear pro hac vice (Filing fee $100, receipt number 0756-5804257), filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 Exhibit A - Certification of David R. Jury, #2 Text of Proposed Order)(Macey, Barry) |
| Filing 7 MOTION for Attorney(s) Joel R. Hurt to Appear pro hac vice (Filing fee $100, receipt number 0756-5804243), filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 Exhibit A - Certification of Joel R. Hurt, #2 Text of Proposed Order)(Macey, Barry) |
| Filing 6 MOTION for Attorney(s) Pamina Ewing to Appear pro hac vice (Filing fee $100, receipt number 0756-5804227), filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Attachments: #1 Exhibit A - Certification of Pamina Ewing, #2 Text of Proposed Order)(Macey, Barry) |
| Filing 5 NOTICE to File Corporate Disclosure Statement to ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC. (LAB) (JRB) |
| Filing 4 NOTICE of Appearance by Barry A. Macey on behalf of Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, EDMOND M. BUTCH, MARTIN L. ELLISON, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO /CLC, CHARLES R. WYATT. (Macey, Barry) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 2 Summons Issued as to ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (JRB) |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5776831) (Attachments: #1 Exhibit Exhibit A: 2010 Agreements, #2 Exhibit Exhibit B: Alcoa Retiree Life Insurance SPD, #3 Exhibit Exhibit C: Alcoa/USW Settlement Agreement Excerpts, #4 Exhibit Exhibit D: 2014 Alcoa Agreements, #5 Exhibit Exhibit E: 10-6-2016 Alcoa USW Letter of Understanding, #6 Exhibit Exhibit F: 2019-08-30 Alcoa-USW Settlement Agreement Excerpts, #7 Exhibit Exhibit G: 12-2019 Final Retiree Life Letter, #8 Proposed Summons, #9 Civil Cover Sheet)(Macey, Barry) |
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