SIMPKINS et al v. ALCOA USA CORP. et al
Plaintiff: UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC, LYNNETTE J. KAISER, Aluminum Trades Council of Wenatchee, Washington AFL-CIO and ROBERT W. SIMPKINS
Defendant: MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, ALCOA USA CORP., RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. and ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA
Case Number: 3:2020cv00278
Filed: December 10, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Matthew P Brookman
Referring Judge: Richard L Young
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2022 Filing 107 Corporate Disclosure Statement by ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. identifying Corporate Parent Alcoa USA Holding Company, Corporate Parent Alcoa Corporation, Other Affiliate BLACKROCK, INC. for ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP... (Miller, Mark)
September 2, 2022 Opinion or Order Filing 106 ORDER granting #105 MOTION FOR EXTENSION OF FACT DISCOVERY AND TO STAY REMAINING DEADLINES - Discovery due by 11/14/2022. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 9/2/2022.(JRB)
September 1, 2022 Filing 105 Joint MOTION for Extension of Time to November 14, 2022 for Fact Discovery and to Stay Remaining Deadlines, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
August 17, 2022 Filing 104 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jeffrey A. Macey hereby notifies the Clerk of the court of changed contact information. (Macey, Jeffrey)
July 5, 2022 Filing 103 Surreply re #81 MOTION to Certify Class , filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark)
July 1, 2022 Opinion or Order Filing 102 ORDER granting #98 Defendants' Motion for Leave to File Surreply in response to Plaintiffs' Reply Memorandum of Law in Support of their Motion for Class Certification - IT IS HEREBY ORDERED that Defendants shall file the proposed surreply attached to their motion as a separate entry in the case within five (5) days from the date of this order. Signed by Magistrate Judge Matthew P. Brookman on 7/1/2022. (AAS)
June 30, 2022 Opinion or Order Filing 101 ORDER GRANTING JOINT MOTION FOR EXTENSION OF CASE MANAGEMENT DEADLINES AND TO AMEND JOINT CASE MANAGEMENT PLAN WITH RESPECT TO DAMAGES DISCOVERY - Dispositive Motions due by 10/19/2022, Discovery due by 9/19/2022. SEE ORDER FOR ADDITIONAL DEADLINES. Signed by Magistrate Judge Matthew P. Brookman on 6/30/2022.(AAS)
June 29, 2022 Filing 100 Joint MOTION for Extension of Time to Extend Case Management Deadlines and to Amend Joint Case Management Plan with Respect to Damages Discovery, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
June 17, 2022 Filing 99 STIPULATION (STIPULATED ORDER) regarding Damages Discovery, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Ewing, Pamina)
June 8, 2022 Filing 98 MOTION for Leave to File DEFENDANTS' SURREPLY IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, 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)
June 1, 2022 Filing 97 DECLARATION of Pamina Ewing re #96 Reply in Support of Motion by LYNNETTE J. KAISER. (Attachments: #1 Exhibit Ex. 1 1968-06-01 Alcoa USW Agr. SPK00003815-3906, #2 Exhibit Ex. 2 1971-06-01 Alcoa USW Agr. SPK00003907-3980, #3 Exhibit Ex 3 1983-05-30 Alcoa USW Agr. SPK00004061-4141, #4 Exhibit Ex. 4 1971-06-01 Alcoa AWIU Agr. SPK00002889-2949, #5 Exhibit Ex. 5 1974-02-01 Alcoa AWIU Agr. SPK00002950-3024, #6 Exhibit Ex. 6B Reynolds USW 1968 1971 CBA (USW 001801), #7 Exhibit Ex. 6B Reynolds USW 1968 1971 CBA (USW 001858), #8 Exhibit Ex. 7 Reynolds USW 1977 Master (USW 001262), #9 Exhibit Ex. 8 REYNOLDS Master 1986 CBA, #10 Exhibit Ex. 9 REYNOLDS Master 1988 CBA, #11 Exhibit Ex. 10 WENATCHEE 1986 CBA, #12 Exhibit Ex. 11 LOGANS FERRY 1983 CBA, #13 Exhibit Ex. 12 LOGANS FERRY 1986 CBA, #14 Exhibit Ex. 13 FT. MEADE 1988 CBA, #15 Exhibit Ex. 14 EASTALCO 1983 CBA, #16 Exhibit Ex. 15 EASTALCO 1986 CBA, #17 Exhibit Ex. 16 EASTALCO 1989 CBA, #18 Exhibit Ex. 17 Reynolds Baton Rouge 1988 CBA (USW 001661), #19 Exhibit Ex. 18 Reynolds Bellwood 1971 CBA (USW 001089), #20 Exhibit Ex. 19 Reynolds Bellwood 1974 CBA (USW 001123), #21 Exhibit Ex. 20 REYNOLDS Bellwood 1981 CBA, #22 Exhibit Ex. 21 Reynolds Bellwood 1986 CBA (USW 001625), #23 Exhibit Ex. 22 Reynolds Longview 1983 CBA (USW 001602), #24 Exhibit Ex. 23 Reynolds Louisville and Richmond 1977 CBA (USW001010), #25 Exhibit Ex. 24 REYNOLDS Louisville 1986 CBA, #26 Exhibit Ex. 25 REYNOLDS Richmond VA 1986 CBA, #27 Exhibit Ex. 26 Reynolds Sherwin 1983 CBA (USW 001567), #28 Exhibit Ex. 27 Reynolds St. Lawrence 1971 CBA (USW 001045), #29 Exhibit Ex. 28 SPK00006188-SPK00006206_REDACTED (2), #30 Exhibit Ex. 29 SPK00005992-SPK0006043 HourlyRetiree_SPD1, #31 Exhibit Ex. 30 2002-01-01 Medical SPD (RET-40) SPK6084, #32 Exhibit Ex. 31 111-00 Alcoa's Memo in response to Qs in June 27 2007 Order, #33 Exhibit Ex. 32 507-2 Alcoa's PFOFCOL, #34 Exhibit Ex. 33 64 - Alcoa's Brief IOT Motion for Preliminary Injunction, #35 Exhibit Ex. 34 2006-05-31 Alcoa USW Agr. SPK00003547-3642, #36 Exhibit Ex. 35A 2019-09-19 Alcoa USW Agr. Massena SPK00002202-2276, #37 Exhibit Ex. 35B 2019-09-19 Alcoa USW Agr. Massena SPK00002276-2346, #38 Exhibit Ex. 35C 2019-09-19 Alcoa USW Agr. Massena SPK00002347-2415, #39 Exhibit Ex. 36 PTE 20 - 1993 ABG MoS 2046139-20--15545, #40 Exhibit Ex. 37 PTE 21 - Alcoa 1993 MoS 2046139-21--17730, #41 Exhibit Ex. 38 Michaud Testimony in Curtis, #42 Exhibit Ex. 39 2021-01-01 Medicare Exchange HRA SPD (RWS0030-47))(Ewing, Pamina)
June 1, 2022 Filing 96 REPLY in Support of Motion re #81 MOTION to Certify Class , filed by Plaintiff LYNNETTE J. KAISER. (Ewing, Pamina)
May 20, 2022 Opinion or Order Filing 95 ORDER granting #94 Consent MOTION for Extension of Time to File Reply to #81 MOTION to Certify Class , #81 MOTION to Certify Class to 6/1/2022. Signed by Magistrate Judge Matthew P. Brookman on 5/20/2022. (JRB)
May 19, 2022 Filing 94 Consent MOTION for Extension of Time to File Reply to June 1, 2022 re #81 MOTION to Certify Class , filed by Plaintiff LYNNETTE J. KAISER. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
May 10, 2022 Opinion or Order Filing 93 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/9/2022. Status Conference set for 11/21/2022 at 09:00 AM (Central Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
April 26, 2022 Opinion or Order Filing 91 NOTICE AND ORDER - On the Court's own motion, due to a scheduling conflict, the TELEPHONIC STATUS CONFERENCE set for May 4, 2022, is hereby RESCHEDULED for MAY 9, 2022 at 9:30 a.m., Evansville time (CDT), 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 4/26/2022.(AAS)
April 25, 2022 Filing 90 RESPONSE in Opposition re #81 MOTION to Certify Class , filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Exhibit 1. Ackerman Declaration, #2 Exhibit 2. Burnell Deposition Excerpts, #3 Exhibit 3. Kaiser Deposition Excerpts)(Miller, Mark)
April 7, 2022 Opinion or Order Filing 89 ORDER granting #87 Joint MOTION for Extension of Time to File Response to April 25, 2022 re #81 MOTION to Certify Class and to File Reply to May 24, 2022, #81 MOTION to Certify Class . Signed by Magistrate Judge Matthew P. Brookman on 4/7/2022. (AAS)
April 7, 2022 Opinion or Order Filing 88 ORDER granting #86 STIPULATION PURSUANT TO THE COURT'S ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME - SEE ORDER FOR DEADLINES. Signed by Magistrate Judge Matthew P. Brookman on 4/7/2022.(AAS)
April 6, 2022 Filing 87 Joint MOTION for Extension of Time to File Response to April 25, 2022 re #81 MOTION to Certify Class and to File Reply to May 24, 2022, filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Text of Proposed Order)(Miller, Mark)
April 6, 2022 Filing 86 STIPULATION (STIPULATED ORDER), re #85 Order on Motion for Extension of Time to FileSchedulingSet/Reset Motion Response/Reply Deadlines, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Ewing, Pamina) Modified on 4/7/2022 (TMB).
March 11, 2022 Opinion or Order Filing 85 ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR CLASS CERTIFICATION AND COMPLETE FACT DISCOVERY - The deadlines contained in the Court's October 13, 2021 scheduling order at Dkt. No. #78 are amended as follows: April 11, 2022: Defendant's response to motion for class certification May 1, 2022: Plaintiffs' reply in support of class certification July 28, 2022: Close of fact discovery By April 6, 2022, the Parties will submit a proposal with respect for the remaining deadlines in the Court's October 13, 2021 scheduling order at Dkt. No. #78 . Signed by Magistrate Judge Matthew P. Brookman on 3/11/2022.(AAS)
March 9, 2022 Filing 84 Joint MOTION for Extension of Time to Extend Case Management Dates, filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Text of Proposed Order)(Miller, Mark)
February 11, 2022 Filing 83 DECLARATION of Pamina Ewing re #81 Motion to Certify Class by LYNNETTE J. KAISER. (Attachments: #1 Exhibit Ex. 1 - 1977 Alcoa CBA, #2 Exhibit Ex. 2 - 1977 Alcoa & AWIU CBA, #3 Exhibit Ex. 3 - 1980 Alcoa USW CBA, #4 Exhibit Ex. 4 - 1980 Alcoa AWIU CBA, #5 Exhibit Ex. 5 - 1983 Alcoa USW CBA, #6 Exhibit Ex. 6 - 1983 Alcoa ABG CBA, #7 Exhibit Ex. 7 - 1986 Alcoa USW CBA, #8 Exhibit Ex. 8 - 1986 Alcoa ABG CBA, #9 Exhibit Ex. 9 - 1988 Alcoa USW CBA, #10 Exhibit Ex. 10 - 1988 Alcoa ABG CBA, #11 Exhibit Ex. 11 - 88-92 Alcoa ATC Wenatchee CBA, #12 Exhibit Ex. 12 - 1979 Alcoa Retiree SPD, #13 Exhibit Ex. 13 - 1981 Alcoa USW Retiree SPD, #14 Exhibit Ex. 14 - 1986 Alcoa USW Retiree SPD, #15 Exhibit Ex. 15 - 1990 Reynolds Retiree SPD, #16 Exhibit Ex. 16 - FDPK Firm Bio, #17 Exhibit Ex. 17 - Macey Swanson Firm Bio)(Ewing, Pamina)
February 11, 2022 Filing 82 BRIEF/MEMORANDUM in Support re #81 MOTION to Certify Class , filed by Plaintiff LYNNETTE J. KAISER. (Ewing, Pamina)
February 11, 2022 Filing 81 MOTION to Certify Class , filed by Plaintiff LYNNETTE J. KAISER. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
January 7, 2022 Opinion or Order Filing 80 ORDER granting #79 PLAINTIFF ROBERT W. SIMPKINS' MOTION TOWITHDRAW AS CLASS REPRESENTATIVE - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/7/2022. (JRB)
January 6, 2022 Filing 79 Unopposed MOTION to Withdraw Plaintiff Robert W. Simpkins' Unopposed Motion to Withdraw as Class Representative, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
October 13, 2021 Opinion or Order Filing 78 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 10/6/2021. Section III-J and Section IV of the Case Management Plan are amended. ***SEE ORDER*** Status Conference set for 5/4/2022 at 09:00 AM (Central Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
October 1, 2021 Opinion or Order Filing 76 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 9/30/2021. The parties were present and represented by counsel. The parties conducted settlement negotiations, but they were unable to reach an agreement. Status Conference set for 10/6/2021 at 01:30 PM (Central Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
September 22, 2021 Opinion or Order Filing 75 ORDER denying #45 Motion to Bifurcate - Plaintiffs' Motion to Bifurcate Docket No. #45 is DENIED. Plaintiffs may reraise this request at a later juncture in accordance with the discussion in this entry. See Order. Signed by Magistrate Judge Matthew P. Brookman on 9/22/2021. (AAS)
August 20, 2021 Opinion or Order Filing 74 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 8/20/2021. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
July 15, 2021 Opinion or Order Filing 72 ORDER granting #71 Motion for Extension of Time to File - Dispositive Motions due by 3/10/2022. Discovery due by 1/10/2022. SEE ORDER.. Signed by Magistrate Judge Matthew P. Brookman on 7/15/2021.(JRB)
July 12, 2021 Filing 71 Joint MOTION for Extension of Time to Extend Case Management Dates, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Text of Proposed Order Proposed Order to Jt Motion to Ext Case Mgmt Deadlines)(Ewing, Pamina)
July 6, 2021 Opinion or Order Filing 70 ORDER re #8 MOTION for Preliminary Injunction filed by LYNNETTE J. KAISER, ROBERT W. SIMPKINS, 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 - The Court enters the following Order setting forth the Parties' agreed upon resolution of Plaintiffs' Motion for Preliminary Injunction, SEE ORDER. Signed by Judge Richard L. Young on 7/6/2021.(AAS)
July 2, 2021 Filing 69 NOTICE to Court with Proposed Order, filed by Defendant ALCOA USA CORP., re #8 MOTION for Preliminary Injunction . (Attachments: #1 Text of Proposed Order Proposed Order re: Plaintiffs' Motion for Preliminary Injunction) (Alito, Rosemary)
June 28, 2021 Filing 68 STATUS REPORT JOINT by All Plaintiffs. (Ewing, Pamina)
June 23, 2021 Opinion or Order Filing 67 ORDER - This matter is before the Court sua sponte. Per the request in the Parties' Joint Status Report filed June 22, 2021 #65 , the Court DIRECTS the parties to submit an additional joint status report on or before June 28, 2021. Signed by Magistrate Judge Matthew P. Brookman on 6/23/2021.(JRB)
June 23, 2021 Filing 66 Submission of Signature Requirement re #65 Status Report by ALCOA USA CORP.. (Birsic, Thomas)
June 22, 2021 Filing 65 STATUS REPORT of All Parties by ALCOA USA CORP.. (Alito, Rosemary)
June 15, 2021 Opinion or Order Filing 64 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 6/14/2021. Settlement Conference set for 9/30/2021 at 09:00 AM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. Status Conference set for 8/20/2021 at 09:30 AM (Central Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
June 11, 2021 Filing 63 STATUS REPORT by All Plaintiffs. (Ewing, Pamina)
June 3, 2021 Filing 61 Minute Entry for status conference held 6/03/21 before Judge Richard L. Young. Parties appear by telephone; Plaintiffs by Pamina Ewing and Joel Hurt and Defendants by Thomas Birsic, Rosemary Alito, Jeffrey Richter and Mark Miller. The hearing is held and concluded. No further orders are issued at this time. (TMD)
May 26, 2021 Opinion or Order Filing 60 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/25/2021. Telephonic Status Conference set for 6/14/2021 at 10:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (LES)
May 10, 2021 Filing 57 Minute Entry for telephonic conference held 5/10/21 before Judge Richard L. Young. Telephonic status Conference is set for 6/3/2021 at 11:00 AM (Central Time) before Judge Richard L. Young. Dialing instructions shall issue by separate entry.
April 29, 2021 Opinion or Order Filing 55 SCHEDULING ORDER: Telephonic status conference on MAY 10, 2021 at 11:00 a.m. before the Honorable Richard L. Young, Judge. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 4/29/2021.(JRB)
April 26, 2021 Filing 54 Exhibit List Preliminary, filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP., Witness List Preliminary, filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark)
April 19, 2021 Filing 53 Submission of Signature Requirement re #51 Witness List by All Plaintiffs. (Ewing, Pamina)
April 19, 2021 Filing 52 Submission of Signature Requirement re #50 Exhibit List by All Plaintiffs. (Ewing, Pamina)
April 19, 2021 Filing 51 Witness List Preliminary Witness List, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Hurt, Joel)
April 19, 2021 Filing 50 Exhibit List Preliminary Exhibit List, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Hurt, Joel)
April 12, 2021 Filing 49 DECLARATION of Pamina Ewing re #48 Reply in Support of Motion by All Plaintiffs. (Attachments: #1 Exhibit Medicare Exchange HRA SPD, #2 Exhibit Via Benefits Reimbursement Guide (HRA), #3 Exhibit K. Allen Email to C. Burnell, #4 Exhibit Judgment Entry - (Whirlpool), #5 Exhibit Case Mgmt. Rep. - (Gerdau Ameristeel), #6 Exhibit Rep. of Parties' Planning Meeting - (Century Aluminum))(Ewing, Pamina)
April 12, 2021 Filing 48 REPLY in Support of Motion re #45 MOTION to Bifurcate , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Ewing, Pamina)
April 5, 2021 Filing 47 RESPONSE in Opposition re #45 MOTION to Bifurcate , filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Exhibit 1 - Butch proposed joint CMP, #2 Exhibit 2 - Contreras class cert order, #3 Exhibit 3 - Comer class cert order, #4 Exhibit 4 - Dewhurst class cert order, #5 Exhibit 5 - Zanghi rule 26(f) report, #6 Exhibit 6 - Zanghi class cert order, #7 Exhibit 7 - Tackett class cert order, #8 Exhibit 8 - Tackett bifurcation order, #9 Exhibit 9 - Winnett class cert order, #10 Exhibit 10 - Winnett bifurcation order, #11 Exhibit 11 - Grove class cert order, #12 Exhibit 12 - Merrill class cert order, #13 Exhibit 13 - Curtis class cert order, #14 Exhibit 14 - Curtis bifurcation order, #15 Exhibit 15 - Temme class cert order, #16 Exhibit 16 - Amos joint motion to extend discovery, #17 Exhibit 17 - Amos opp to mot to bifurcate)(Miller, Mark)
March 22, 2021 Filing 46 BRIEF/MEMORANDUM in Support re #45 MOTION to Bifurcate , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Exhibit A - Joint Case Mgmt. Proposed Order (ASARCO), #2 Exhibit B - Proposed Case Mgmt. Order (Babcock and Wilcox), #3 Exhibit C - Amended Case Mgmt. Order (Gerdau), #4 Exhibit D - Joint Discovery Plan (Resolute Forest), #5 Exhibit E - Joint Report of Planning Meeting (Century), #6 Exhibit F - Decl. of W. Payne in Support of Bifurcation (PPG), #7 Exhibit G - Order Granting Joint Motion for Bifurcation (Johnson Controls), #8 Exhibit H - Second Amended Order (Briggs))(Ewing, Pamina)
March 22, 2021 Filing 45 MOTION to Bifurcate , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
March 12, 2021 Opinion or Order Filing 44 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Dispositive Motions due by 12/10/2021. Discovery due by 10/10/2021. Telephonic Status Conference set for 5/24/2021 at 09:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 3/12/2021.(JRB)
March 10, 2021 Filing 43 Proposed Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC . (Ewing, Pamina)
February 16, 2021 Filing 42 ANSWER to #1 Complaint , filed by All Defendants.(Miller, Mark)
January 22, 2021 Opinion or Order Filing 41 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 1/21/2021. The parties were present and represented by counsel. The parties conducted settlement negotiations, but they were unable to reach an agreement. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
January 20, 2021 Opinion or Order Filing 40 ORDER granting #36 Motion for Clarification - The court hereby GRANTS Defendants' Motion for Clarification of the December 22, 2020 Order #27 to the extent that it confirms that the January 21, 2021, setting is only a settlement conference and will not include oral argument or evidentiary hearing on any pending motion. Any discussion of the merits of any pending motions or evidence may occur informally as part of settlement discussions. Signed by Magistrate Judge Matthew P. Brookman on 1/20/2021. (JRB)
January 19, 2021 Opinion or Order Filing 39 ORDER granting #35 Motion to Appear pro hac vice. Attorney Jeffrey P. Richter for ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA,Jeffrey P. Richter for ALCOA USA CORP.,Jeffrey P. Richter for MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA,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 1/19/2021. (JRB)
January 19, 2021 Opinion or Order Filing 38 ORDER granting #33 Motion to Appear pro hac vice. Attorney Rosemary Alito for ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA,Rosemary Alito for ALCOA USA CORP.,Rosemary Alito for MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA,Rosemary Alito for RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. added. Signed by Magistrate Judge Matthew P. Brookman on 1/19/2021. (JRB)
January 19, 2021 Opinion or Order Filing 37 ORDER granting #34 Motion to Appear pro hac vice. Attorney Thomas E. Birsic for ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA,Thomas E. Birsic for ALCOA USA CORP.,Thomas E. Birsic for MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA,Thomas E. Birsic for RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. added. Signed by Magistrate Judge Matthew P. Brookman on 1/19/2021. (JRB)
January 15, 2021 Filing 36 MOTION for Clarification, filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark)
January 15, 2021 Filing 35 MOTION for Attorney(s) Jeffrey P. Richter to Appear pro hac vice (Filing fee $100, receipt number 0756-6368698), filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Miller, Mark)
January 15, 2021 Filing 34 MOTION for Attorney(s) Thomas E. Birsic to Appear pro hac vice (Filing fee $100, receipt number 0756-6368666), filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Miller, Mark)
January 15, 2021 Filing 33 MOTION for Attorney(s) Rosemary Alito to Appear pro hac vice (Filing fee $100, receipt number 0756-6368652), filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Miller, Mark)
January 4, 2021 Filing 31 REPLY in Support of Motion re #8 MOTION for Preliminary Injunction , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Declaration of Cary Burnell)(Ewing, Pamina)
December 30, 2020 Filing 30 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction , filed by Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Miller, Mark)
December 30, 2020 Filing 29 Corporate Disclosure Statement by ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. identifying Corporate Parent ALCOA USA CORP. for ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP... (Miller, Mark)
December 22, 2020 Filing 28 NOTICE of Appearance by Mark E. Miller on behalf of Defendants ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.. (Miller, Mark)
December 22, 2020 Opinion or Order Filing 27 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 12/22/2020. The briefing schedule for Plaintiffs' Motion for Preliminary Injunction (Docket No. #8 ) shall be as follows: Defendants' Response shall be filed by December 30, 2020. Plaintiffs' Reply shall be filed by January 4, 2021. The parties request a 2-hour hearing thereafter. A Telephonic Settlement Conference is set for 1/21/2021 at 10:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
December 22, 2020 Opinion or Order Filing 25 ORDER GRANTING #16 Plaintiffs' Amended Emergency Motion for Telephone Conference. A Telephonic Status Conference is set for 12/22/2020 at 09:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. The Emergency Motion for Telephone Conference (Dkt. No. #14 ) is DENIED as MOOT. Signed by Magistrate Judge Matthew P. Brookman on 12/22/2020.(TMB)
December 21, 2020 Filing 24 NOTICE of Filing by All Plaintiffs (Attachments: #1 Exhibit A - Declaration of Robert W. Simpkins in Support of Plaintiffs' Motion for Preliminary Injunction) (Ewing, Pamina)
December 18, 2020 Filing 23 WAIVER OF SERVICE Returned Executed, filed by UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC, LYNNETTE J. KAISER, ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, ROBERT W. SIMPKINS. ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA waiver sent on 12/17/2020; ALCOA USA CORP. waiver sent on 12/17/2020; MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA waiver sent on 12/17/2020; RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. waiver sent on 12/17/2020. (Ewing, Pamina)
December 18, 2020 Opinion or Order Filing 22 ORDER granting #19 Motion to Appear pro hac vice. Attorney David R. Jury for UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC added. copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 12/18/2020. (JRB)
December 18, 2020 Opinion or Order Filing 21 ORDER granting #18 Motion to Appear pro hac vice. Attorney Ruairi McDonnell for ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO,Ruairi McDonnell for LYNNETTE J. KAISER,Ruairi McDonnell for ROBERT W. SIMPKINS,Ruairi McDonnell for UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 12/18/2020. (JRB)
December 18, 2020 Opinion or Order Filing 20 ORDER granting #17 Motion to Appear pro hac vice - This cause has come before the Court upon the motion of Jeffrey A. Macey of the law firm Macey Swanson LLP, seeking an Order granting Joel Hurt of Feinstein Doyle Payne& Kravec, LLC leave to appear pro hac vice for the purpose of appearing as counsel on behalf of all named plaintiffs and all others similarly situated to the individual plaintiffs in the above-styled cause only. Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 12/18/2020. (AAS)
December 17, 2020 Filing 19 MOTION for Attorney(s) David R. Jury to Appear pro hac vice (Filing fee $100, receipt number 0756-6329385), filed by Plaintiff UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Exhibit A: Certification, #2 Text of Proposed Order)(Macey, Jeffrey)
December 17, 2020 Filing 18 MOTION for Attorney(s) Ruairi McDonnell to Appear pro hac vice (Filing fee $100, receipt number 0756-6329376), filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Exhibit A: Certification, #2 Text of Proposed Order)(Macey, Jeffrey)
December 17, 2020 Filing 17 MOTION for Attorney(s) Joel Hurt to Appear pro hac vice (Filing fee $100, receipt number 0756-6329361), filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Exhibit A: Certification, #2 Text of Proposed Order)(Macey, Jeffrey)
December 17, 2020 Filing 16 Amended MOTION for Emergency Hearing re #14 MOTION for Emergency Hearing , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
December 17, 2020 Filing 15 NOTICE of Appearance by Barry A. Macey on behalf of Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Macey, Barry)
December 16, 2020 Filing 14 MOTION for Emergency Hearing , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
December 16, 2020 Filing 13 DECLARATION of Douglas Rapp re #8 Motion for Preliminary Injunction by ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Ewing, Pamina)
December 16, 2020 Filing 12 DECLARATION of L. Kaiser re #8 Motion for Preliminary Injunction by ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Exhibit 1 - Decl. of Lynnette J. Kaiser Signature Page, #2 Exhibit 2 - Text of Decl. of Lynnette J. Kaiser (Final))(Ewing, Pamina)
December 16, 2020 Filing 11 DECLARATION of George Barnett re #8 Motion for Preliminary Injunction by ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Exhibit A - DH VIA Benefits Notice, #2 Exhibit B - PK VIA Benefits Notice)(Ewing, Pamina)
December 16, 2020 Filing 10 DECLARATION of Cary Burnell re #8 Motion for Preliminary Injunction by ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Exhibit 1 - 1980 Alcoa USW CBA, #2 Exhibit 2 - 1980 Alcoa Aluminum Workers CBA, #3 Exhibit 3 - 1983 Alcoa USW CBA, #4 Exhibit 4 - 1983 Alcoa ABG CBA, #5 Exhibit 5 - 1986 Alcoa USW CBA, #6 Exhibit 6 - 1986 Alcoa ABG CBA, #7 Exhibit 7 - 1988 Alcoa USW CBA, #8 Exhibit 8 - 1988 Alcoa ABG CBA, #9 Exhibit 9 - 1992 Alcoa USW Extension Agmt, #10 Exhibit 10 - 1979 Retiree SPD, #11 Exhibit 11 -1981 Retiree SPD, #12 Exhibit 12 - 1986 Retiree SPD, #13 Exhibit 13 - 1990 RMC Retiree Group Benefit Plan, #14 Exhibit 14 - 1979 Alcoa USW Active SPD, #15 Exhibit 15 - Pages from 2019 Alcoa Annual Report, #16 Exhibit 16 - 2021 Enrollment Guide Cover Letter, #17 Exhibit 17 - 2021 Enrollment Guide, #18 Exhibit 18 - 2021 Advantage Guide, #19 Exhibit 19 - alzheimers-facts-and-figures-2019R, #20 Exhibit 20 - 2020-12-09 R Simpkins Via Benefits Search Results 26 MAPD Plans, #21 Exhibit 21 - 2020-12-09 R Simpkins Via Benefits Search Result 30 Medigap Plans, #22 Exhibit 22 - 2020-12-09R Simpkins Via Benefits Search Results 21 Part D Plans, #23 Exhibit 23 - Medicare Beneficiaries Out of Pocket Expenses for Health Care, #24 Exhibit 24 - Data Note_ Prescription Drugs and Older Adults _ KFF, #25 Exhibit 25 - Trends in Retail Prices of Specialty Rx Widely Used by Older Americans 2006-2015, #26 Exhibit 26 - VIA Benefits Selection Confirmation, #27 Exhibit 27 - The New York Times 12-16-2020 Article, #28 Exhibit 28 - NBER Working Paper (Managing Intelligence Skilled Experts & AI in Markets) April 2020)(Ewing, Pamina)
December 16, 2020 Filing 9 BRIEF/MEMORANDUM in Support re #8 MOTION for Preliminary Injunction , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Ewing, Pamina)
December 16, 2020 Filing 8 MOTION for Preliminary Injunction , filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Text of Proposed Order)(Ewing, Pamina)
December 16, 2020 Opinion or Order Filing 7 ORDER granting #5 Motion to Appear pro hac vice. Attorney Pamina Ewing for ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO,Pamina Ewing for LYNNETTE J. KAISER,Pamina Ewing for ROBERT W. SIMPKINS,Pamina Ewing for UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC added. Signed by Magistrate Judge Matthew P. Brookman on 12/16/2020. (JRB)
December 16, 2020 Filing 6 NOTICE of Appearance by Jeffrey A. Macey on behalf of Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Macey, Jeffrey)
December 15, 2020 Filing 5 MOTION for Attorney(s) Pamina Ewing to Appear pro hac vice (Filing fee $100, receipt number 0756-6325736), filed by Plaintiffs ALUMINUM TRADES COUNCIL OF WENATCHEE, WASHINGTON AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Attachments: #1 Exhibit Exhibit A: Certification, #2 Text of Proposed Order)(Macey, Jeffrey)
December 11, 2020 Filing 4 Summons Issued as to ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP. (AAS)
December 11, 2020 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS)
December 10, 2020 Filing 2 NOTICE of Appearance by Jeffrey A. Macey on behalf of Plaintiffs Aluminum Trades Council of Wenatchee, Washington AFL-CIO, LYNNETTE J. KAISER, ROBERT W. SIMPKINS, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC. (Macey, Jeffrey)
December 10, 2020 Filing 1 COMPLAINT against ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA, ALCOA USA CORP., MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA, RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP., filed by UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC, LYNNETTE J. KAISER, Aluminum Trades Council of Wenatchee, Washington AFL-CIO, ROBERT W. SIMPKINS. (Filing fee $402, receipt number 0756-6317505) (Attachments: #1 Exhibit Exhibit 1: 1988 USW Master Agreement, #2 Exhibit Exhibit 2: 1988 ABG Master Agreement, #3 Exhibit Exhibit 3: 1979 Alcoa Retiree SPD, #4 Exhibit Exhibit 4: 1981 Retiree SPD, #5 Exhibit Exhibit 5: 1986 Retiree SPD, #6 Exhibit Exhibit 6: Reynolds Retiree SPD, #7 Exhibit Exhibit 7: 2020 Notice re: Benefit Termination, #8 Exhibit Exhibit 7: 2021 Via Benefits Advantage, #9 Civil Cover Sheet CCS Page 1, #10 Civil Cover Sheet CCS Page 2, #11 Proposed Summons)(Macey, Jeffrey)

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Plaintiff: UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC
Represented By: Jeffrey A. Macey
Represented By: David R. Jury
Represented By: Pamina Ewing
Represented By: Joel R. Hurt
Represented By: Ruairi McDonnell
Represented By: Barry A. Macey
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Plaintiff: LYNNETTE J. KAISER
Represented By: Jeffrey A. Macey
Represented By: Pamina Ewing
Represented By: Joel R. Hurt
Represented By: Ruairi McDonnell
Represented By: Barry A. Macey
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Plaintiff: Aluminum Trades Council of Wenatchee, Washington AFL-CIO
Represented By: Jeffrey A. Macey
Represented By: Pamina Ewing
Represented By: Joel R. Hurt
Represented By: Ruairi McDonnell
Represented By: Barry A. Macey
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Plaintiff: ROBERT W. SIMPKINS
Represented By: Jeffrey A. Macey
Represented By: Pamina Ewing
Represented By: Joel R. Hurt
Represented By: Ruairi McDonnell
Represented By: Barry A. Macey
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Defendant: MEDICARE EXCHANGE HEALTHCARE REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA
Represented By: Jeffrey P. Richter
Represented By: Rosemary Alito
Represented By: Thomas E. Birsic
Represented By: Mark E. Miller
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Defendant: ALCOA USA CORP.
Represented By: Jeffrey P. Richter
Represented By: Rosemary Alito
Represented By: Thomas E. Birsic
Represented By: Mark E. Miller
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Defendant: RETIREES GROUP BENEFIT PLAN FOR CERTAIN HOURLY EMPLOYEES OF ALCOA USA CORP.
Represented By: Jeffrey P. Richter
Represented By: Rosemary Alito
Represented By: Thomas E. Birsic
Represented By: Mark E. Miller
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Defendant: ALCOA MEDICARE PART B REIMBURSEMENT PLAN FOR CERTAIN MEDICARE ELIGIBLE RETIREES OF ALCOA USA
Represented By: Jeffrey P. Richter
Represented By: Rosemary Alito
Represented By: Thomas E. Birsic
Represented By: Mark E. Miller
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