Adkins et al v. Special Metals Corporation et al
| United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Robert Adkins, James Smith and Chad S. Thompson |
| Jeanette Stump, Kerry Winters, Arlene Qualls, Huntington Alloys Corporation, Precision Castparts Corporation, Special Metals Corporation, Tim Dean, Special Metals Retiree Benefits Trust, Robert Hennessey and Carl Hall |
| 0:2009cv00116 |
| December 31, 2009 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| XX US, Outside State |
| Henry R Wilhoit |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2010. A more recent docket listing may be available from PACER.
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| Filing 49 STIPULATION CONCERNING ATTORNEYS FEES AWARD TO PLAINTIFF USW; Pla and dfts stipulate and agree to conditions as listed herein. Signed by Judge Henry R. Wilhoit, Jr on 7/2/10.(SMT)cc: COR |
| Filing 48 NOTICE by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC of Resubmission of Stipulation Concerning Attorneys' Fees to Plaintiff USW (Attachments: #1 Proposed Order Stipulation on Attorneys' Fees)(Schulz, Thomas) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wilhoit for review: #48 Notice re: Stipulation of Attorneys Fees (CMR) |
Filing 47
ORDER: Granting #28 Motion for Attorney Fees and #46 Supplemental Brief in support of the Motion; Parties have also filed a Stipulation #26 concerning the attorneys fees; Therefore, Motion #28 for attorneys fees be SUSTAINED; Plaintiffs' be awarded fees and costs for work performed thru 6/10/10 in amount of $77,943.68. Signed by Judge Henry R. Wilhoit, Jr on 6/10/2010. (CMR)cc: COR
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| Filing 46 MEMORANDUM in Support of Motion re #28 MOTION for Attorney Fees by Robert Adkins, James Smith, Chad S. Thompson (Supplemental Brief in Support) filed by Robert Adkins, James Smith, Chad S. Thompson. (Attachments: #1 Proposed Order)(Cook, David) |
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Filing 45
FINAL ORDER OF APPROVAL AND JUDGMENT (DISMISSING CASE): (1) All terms not defined have the same meaning as used in the Settlement Agreement; (2) Court has both subject matter jurisdiction and personal jurisdiction of all parties, including all members of the Class; (3) The class of approx. 2,230 individuals has been certified (as defined herein); (4) Court determines that notice to the class has fully satisfied FRCivP 23 and due process requirements; (5) Class and counsel of opinion settlement should be approved; (6) Court approves and confirms settlement embodied in the Settlement Agreement (See DE #17 , Exhibit 1, Settlement Agreement) as fair, reasonable, adequate and in best interest of the class and directs undertaking of steps necessary to effectuate settlement according to its terms as of the effective date; (7) Court finds requirements of FRCivP 23(e) were met and no objections to settlement have been received; (8) Court finds the requirements of the Class Action Fairness Act (CAFA) have been met, more than 90 days have passed pursuant to 28:1715(d) since the notice required by 18:1715(b); (9) Court dismisses action w/each party to bear own costs. Terms of Settlement Agreement are binding on and have res judicata and preclusive effect in all pending and future claims, lawsuits or proceedings encompassed by the Release set forth in the Settlement Agreement; (10) Without affecting finality of this Final Order and Judgment, Court retains jurisdiction to implement, interpret or enforce the Final Order & Judgment, Preliminary Approval Order and the Settlement Agreement; (11) In event settlement, preliminary approval or final order and judgment do not for any reason become effective or are reversed, vacated or modified, then any and all orders entered pursuant to the Separation Agreement, including this Final Order of Approval and Judgment, shall be deemed vacated; (12) By separate order, the Court will rule upon plaintffs' counsels' requests for attorneys' fees and costs to be paid from the atty fee fund referenced in Paragraphs 6 and 22 of the Settlement Agreement. Any other fees or costs incurred by a party will be paid by such party. Signed by Judge Henry R. Wilhoit, Jr. on 4/21/2010. (Tendered 4/21/10 to be entered 6/7/10, 90 days from required notice to class)(CMR)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Wilhoit for review: re #28 MOTION for Attorney Fees by Robert Adkins, James Smith, Chad S. Thompson; Final Order of Approval and Judgment #45 having been entered this date. (CMR) |
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Filing 44
ORDER GRANTING CLASS CERTIFICATION: Granting #18 MOTION to Certify Class filed by Chad S. Thompson, Robert Adkins, James Smith; Class is certified as set forth herein; Firm of Cook, Portune & Logothetis, LLC is appointed as class counsel. Signed by Judge Henry R. Wilhoit, Jr. on 4/21/2010.(CMR)cc: COR
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| Filing 43 MINUTE ENTRY ORDER FOR HEARING ON MOTIONS AND SETTLEMENT FAIRNESS HEARING: held on 4/21/2010 before Judge Henry R. Wilhoit, Jr.: (1) Good cause having been shown, Granting #18 Motion to Certify Class; separate Order is entered herewith; (2) Motion #28 for Attorney's Fees is deferred until after June 7, 2010; (3) Court finds settlement reached is fair, reasonable, and adequate to the class, as well as in the public's best interest, therefore, Granting MOTION #39 for entry of an order approving the Settlement; The Final Order of Approval and Judgment is TENDERED herewith, to be entered after June 7, 2010, which is 90 days from the supplemental notice as required by the Class Action Fairness Act. (Court Reporter JOANN BETLER) (Attachments: #1 TENDERED Final Order of Approval and Settlement) (CMR)cc: COR Modified on 4/22/2010 to correct filing date.(CMR). |
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Filing 42
ORDER: FAIRNESS HEARING RE: SETTLEMENT AGREEMENT will be convened on Weds. 4/21/2010 at 09:00 AM in ASHLAND before Judge Henry R. Wilhoit Jr.. Signed by Judge Henry R. Wilhoit, Jr. on 4/20/2010.(CMR)cc: COR
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Filing 41
ORDER: The Court has been advised that no objections to the proposed settlement agreement have been received by counsel, and thus the parties agree that an evidentiary hearing is not required; Accordingly, #36 The Order setting this matter for hearing (on 4/21/2010) be VACATED . Signed by Judge Henry R. Wilhoit, Jr. on 4/20/2010.(CMR)cc: COR
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| Filing 40 NOTICE OF FILING by Robert Adkins, James Smith, Chad S. Thompson re #18 MOTION to Certify Class with Memorandum by Chad S. Thompson, Robert Adkins, James Smith (Attachments: #1 Proposed Order)(Cook, David) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wilhoit for review: #40 Notice of Filing of Proposed Order approving class. (CMR) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wilhoit for review: re #39 JOINT MOTION for Order approving Settlement, by Robert Adkins, James Smith, Chad S. Thompson, Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation(in its corporate capacity), United Steel, Paper and Forestry, (CMR) |
| Filing 39 JOINT MOTION for Order by Robert Adkins, Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, James Smith, Special Metals Corporation(in its corporate capacity), Chad S. Thompson, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC Approving Settlement (Attachments: #1 Memorandum in Support, #2 Exhibit A - Declaration of Jennie G. Arnold, #3 Proposed Order)(McIntyre, M.) |
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Filing 38
ORDER: Granting #29 Attorney Ronald G. Linville's Motion for Order to Appear Pro Hac Vice; Granting #30 Attorney Jeffrey R. Vlasek's Motion for Order to Appear Pro Hac Vice; Granting #31 Attorney Gregory V. Mersol's Motion to Appear Pro Hac Vice; all as co-counsel for Defendants. Signed by Judge Henry R. Wilhoit, Jr. on 4/16/2010. (CMR) cc: COR w/copy of General Order 06-11 re: Mandatory ECF and ECF Registration Forms sent via US Mail to Ronald G. Linville, Jeffrey R. Vlasek and Geregory V. Mersol.. Signed by Judge Henry R. Wilhoit, Jr on 4/16/2010. (CMR)cc: COR
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| Filing 37 NOTICE by Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation(in its corporate capacity) Declaration of Gregory V. Mersol (Attachments: #1 Exhibit A - Plaintiffs' Counsel's Cover Letter, #2 Exhibit B - Final Version of Notice, #3 Exhibit C - Shorter Version of Notice for Publication, #4 Exhibit D - Proof of Publication, #5 Exhibit E - 02/19/10 Letter to Attorneys General, #6 Exhibit F - 03/04/10 Supplemental Letter to Attorneys General)(McIntyre, M.) |
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Filing 36
ORDER: Parties #35 JOINT MOTION to Reschedule Fairness Hearing be SUSTAINED; Hearing on all motions to be held 4/21/2010 at 09:00 AM in ASHLAND before Judge Henry R. Wilhoit Jr. Signed by Judge Henry R. Wilhoit, Jr on 4/15/2010.(KSS)cc: COR Modified to correct hearing date on 4/15/2010 (KSS).
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| Set/Reset Hearings: Evidentiary Hearing date corrected to reflect 4/21/2010 at 09:00 AM in ASHLAND before Judge Henry R. Wilhoit Jr. (KSS) |
| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD: re #36 Order Setting Hearing; Error: incorrect hearing date entered; Entry by clerk; Correction: Hearing date corrected from 4/12/2010 to 4/21/2010; no steps need to be taken by counsel. cc: COR (KSS) |
| Filing 35 JOINT MOTION for Order by Robert Adkins, James Smith, Chad S. Thompson to Reschedule Fairness Hearing (Attachments: #1 Proposed Order)(Cook, David) |
| Filing 34 NOTICE OF APPEARANCE for Irwin H. Cutler, Jr. by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC. (Cutler, Irwin) |
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Filing 33
ORDER: Due to exigencies of Court's schedule, PTC 4/21/10 is CONTINUED; PRETRIAL CONFERENCE now set for 4/26/2010 at 01:30 PM in ASHLAND before Judge Henry R. Wilhoit Jr.. Signed by Judge Henry R. Wilhoit, Jr. on 4/13/2010. (CMR) cc: COR
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| Filing 32 NOTICE by United Steel, Paper and Forestry Of Substitution of Counsel (Schulz, Thomas) Modified on 3/26/2010 to remove Robert Adkins as a filer and add United Steel, Paper and Forestry as filer (KSS). |
| ***MOTION SUBMITTED TO CHAMBERS of Henry R. Wilhoit, Jr. for review: re: #29 MOTION for Order by Huntington Alloys Corporation (in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation (in its corporate capacity) for Admission Pro Hac Vice of Ronald G. Linville (Filing fee $65; receipt 1714830); #30 MOTION for Order by Huntington Alloys Corporation (in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation (in its corporate capacity) Admitting Jeffrey R. Vlasek Pro Hac Vice (Filing fee $65; receipt 1714893; #31 MOTION for Gregory V. Mersol to Appear Pro Hac Vice by Huntington Alloys Corporation (in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation (in its corporate capacity) ( Filing fee $65; receipt number 1714961). (KSS) |
| Attorney Update. Attorney Thomas J. Schulz for United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC added. (KSS) |
| NOTICE OF DOCKET MODIFICATION TO Thomas J. Schulz re #32 Notice; Error: correct filer was not selected; Clerk added the correct defendant as a filer to the document. In the future, hold the ctrl key on the keyboard and click on correct party filing the pleading. Entry by attorney; No further action required by counsel. cc: COR (KSS) |
| Attorney Update: Attorneys Ronald G. Linville, Jeffrey R. Vlasek, Gregory V. Mersol for Huntington Alloys Corporation, Precision Castparts Corporation, Special Metals Corporation, Special Metals added. (KSS) |
| BAR STATUS Check completed as to Ronald G. Linville, Jeffrey R. Vlasek, Gregory V. Mersol re: #29 MOTION for Order by Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation(in its corporate capacity) for Admission Pro Hac Vice of Ronald G. Linville ( Filing fee $65; receipt number 1714830); #30 MOTION for Order by Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation(in its corporate capacity) Admitting Jeffrey R. Vlasek Pro Hac Vice) (Filing fee $65; receipt number 1714893); and #31 MOTION for Gregory V. Mersol to Appear Pro Hac Vice by Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation(in its corporate capacity)(Filing fee $65; receipt number 1714961). (KSS) |
| Filing 31 MOTION for Gregory V. Mersol to Appear Pro Hac Vice by Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation(in its corporate capacity) ( Filing fee $65; receipt number 1714961) (Attachments: #1 Exhibit A - Declaration of Gregory V. Mersol, #2 Proposed Order)(McIntyre, M.) |
| Filing 30 MOTION for Order by Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation(in its corporate capacity) Admitting Jeffrey R. Vlasek Pro Hac Vice (Filing fee $65; receipt number 1714893) (Attachments: #1 Exhibit A - Declaration of Jeffrey R. Vlasek, #2 Proposed Order)(McIntyre, M.) Modified to reflect filing fee receipt on 3/25/2010 (KSS). |
| Filing 29 MOTION for Order by Huntington Alloys Corporation(in its corporate capacity), Precision Castparts Corporation, Special Metals Corporation(in its corporate capacity) for Admission Pro Hac Vice of Ronald G. Linville (Filing fee $65; receipt 1714830) (Attachments: #1 Exhibit A - Declaration of Ronald G. Linville, #2 Proposed Order)(McIntyre, M.) Modified to reflect filing fee receipt on 3/25/2010 (KSS). |
| NOTICE OF DOCKET MODIFICATION TO Adrienne Berry Error No. 1 re #27 Affidavit, attachments were insufficiently described as "Exhibit A" "Exhibit B"; entry by attorney; Correction; the clerk renamed the attachments; Attachments must be adequately described; Example Exhibit A (incorrect) Exhibit A Affidavit of John Doe (Correct) Error No. 2 #26 Stipulation, ; Error: the correct (All) filers were not selected; Entry by attorney; Correction: Clerk has added the additional filers to the documents; in the future hold the ctrl key on the keyboard and click on each party filing the pleading; no further action required by counsel cc: COR (SMT) |
| ***MOTION SUBMITTED TO CHAMBERS of Wilhoit for review: re #28 MOTION for Attorney Fees by Robert Adkins, James Smith, Chad S. Thompson (SMT) |
| ***FILE SUBMITTED TO CHAMBERS of Wilhoit for review: #26 Stipulation, (SMT) |
| Filing 28 MOTION for Attorney Fees by Robert Adkins, James Smith, Chad S. Thompson (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A - Declaration of David M. Cook)(Cook, David) |
| Filing 27 AFFIDAVIT Declaration of William T. Payne by Robert Adkins. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Berry, Adrienne) |
| Filing 26 STIPULATION Concerning Attorneys' Fees Award to Plaintiff USW by Robert Adkins, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, allied Industrial and Services Workers, Special metals, Precision Castparts Corp and Huntington Alloys. (Berry, Adrienne) Modified on 3/11/2010 to all parties as additional filers (SMT). |
| Filing 24 STATEMENT OF USW Consenting to Motion for Class Certification filed as DE#18 . (Berry, Adrienne) Modified text on 2/23/2010 (KSS). |
| Filing 25 RESPONSE to Motion re #18 MOTION to Certify Class with Memorandum by Chad S. Thompson, Robert Adkins, James Smith filed by Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), Precision Castparts Corporation, Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust). filed pursuant to QC (SMT) |
| NOTICE OF DOCKET MODIFICATION and NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO M. McIntyre re: #22 REPLY; Error 1: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. Error 2: the response to #18 was incorrectly filed using the event "reply." Entry by attorney; Clerk modified the docket text of #22 to state, "incorrectly filed." Clerk filed the response as #25 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (KSS) |
| Filing 23 REPLY to Response to Motion re #18 MOTION to Certify Class with Memorandum by Chad S. Thompson, Robert Adkins, James Smith filed by Chad S. Thompson, Robert Adkins, James Smith. (Cook, David) |
| Filing 22 INCORRECT REPLY to Motion for Class Certification filed by Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity), Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust), Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust). (McIntyre, M.) Modified on 2/22/2010 TO STATE INCORRECT AND SEE ENTRY 25 FOR CORRECT ENTRY (SMT). |
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Filing 21
STIPULATION AND ORDER ALLOWING USE OF PLAN PARTICIPATE ELIGIBILITY INFORMATION; pla and dfts stipulate and agree WHEREAS, Plaintiffs commenced this matter on December 31, 2009; andWHEREAS, the Class Representatives bring this matter as a class action on behalf of themselves and on behalf of certain employees and former employees of SMC and HAC, their surviving spouses and dependents that are eligible for retiree benefits (the "Class"); andWHEREAS, the parties have reached a tentative resolution embodied in a Settlement Agreement that, if approved by the Court, will bind the Class; andWHEREAS, SMC has agreed in the Settlement Agreement to distribute the class notice and a copy of the Settlement Agreement by first-class mail to the last known address of each member of the Class; andWHEREAS, the VEBA sponsors a health care plan that covers certain eligible retirees of SMC and HAC, their surviving spouses and dependents (the "Plan"); andWHEREAS, SMC has requested from the VEBA the names and addresses of those individuals currently eligible and those individuals who in the future may be eligible for coverage under the Plan (the "Eligibility Information") for use in mailing copies of the class notice and Settlement Agreement to members ofthe Class as those individuals are among the members ofthe Class; andWHEREAS, the Plan is a "group health plan," a "health plan," and a "covered entity" asthose terms are defined in 42 C.F.R. 160.103 as promulgated by the U.S. Department ofHealth and Human Services under authority ofthe Health Insurance Portability and Accountability Act (generally, the "HIPAA Privacy Regulations"); andWHEREAS, the parties believe that the Eligibility Information constitutes "protected health information" as it is "individually identifiable health information" and "[r]elates to... the past, present or future payment for the provision of health care to an individual" under 42 C.F.R. 160.103; andWHEREAS, the Plan may not disclose "protected health information" except as permitted by the HIPAA Privacy Regulations; andWHEREAS, the parties stipulate and request the Court to order the disclosure of the Eligibility Information pursuant to 42 C.F.R. l64.512(e)(1)(i), which permits a "covered entity" to disclose "protected health information" "in the course ofany judicial proceeding (i) In response to an order ofa court..., provided that the covered entity discloses only the protected health information expressly authorized by such order;...."NOW, THEREFORE, Plaintiffs, Defendants and the Nominal Defendants hereby stipulate and agree, and the Court orders as follows:1. The VEBA may provide the names and addresses ofthe following individuals to SMC for the sole purpose ofmailing copies the class notice and Settlement Agreement to the Class in this case: a) individuals that are currently enrolled in the Plan; b) individuals who are eligible for Plan coverage but have waived coverage and may enroll in the Plan at a later date; and c) individuals who are not currently eligible for Plan coverage, but may be eligible in the future. SMC shall keep such Eligibility Information strictly confidential and shall not disclose itto any other person. Nothing in this Stipulation and Order shall preclude the Defendants from maintaining a list of all members of the Class who were sent copies of the class notice and the Settlement Agreement regardless of whether their names and addresses were obtained from the VEBA pursuant to this Stipulation and Order or from another source.2. SMC shall destroy all Eligibility Information provided to it pursuant to paragraph 1 above no later than the termination of this case and shall provide the VEBA with writtenconfirmation of such destruction.. Signed by Judge Henry R. Wilhoit, Jr on 2/12/10.(SMT)cc: COR
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Filing 20
ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT; AGREEMENT APPROVING AND DIRECTING CLASS NOTICE AND OBJECTION PROCEDURE AND SETTING DATE FOR FAIRNESS HEARING: ptys in class having entered into a proposed settlement agreement request that court give prel. approval to settlement, approve the form and method of providing notice to class of proposed settlement and of class counsel's request for award of fees and expenses set dates for obj to proposed settlement and set a date for hearing; court reviewed agreement and exhibits and orders as follows; agreement is approved, court directs that notice be provided; and court has reviewed forms and finds they comply w/requirements and fairly present the terms of aagreement and the class members' rights and responsibilities 1) by 2/28/10 the company dfts will send notice to ea class member by first class mail at his or her current last known address and publish the shorter form in the Dunkirk Observer, Charleston Gazette, Ashland Independent, and The Herald Dispatch; counsel for company dfts will file an afdt of mailing w/court and serve copies of that afdt on all counsel prior to date set for hearing on agreement 2) mailing of notice to members together with newspaper publication provides due and sufficient notice of settlement of the settlement approval procedure and of class counsel's request for award of fees and expenses thus satisfying requirments and the requirements of due process; court finds that such notice is the best notice practicable under the circumstances and will effectuate actual noitce to class of settlement and class counsel's fee request; 3) a hearing will be conducted 4/21/10 at 9:00 a.m. At Ashland, Kentucky to finally determine the fairness reasonableness and adequacy of terms and conditions of settlment set forth in agreement and exhibits thereto and to consider class counsel's motion for award of fees and expenses; any class member may appear personally or by counsel at hearing and may object or express his or her view regarding settlement agreement and/or fee motion; however a class member will not be heard nor be entitled to contest the approval by this court of the settlement agreement or fee motion unless on or before 4/1/10 he or she files w/clerk written obj, together with any papers he or she proposes to submit to this court at the settlement hearing and or before that date serves all such obj and other papers on each attorneys 4) any class member who does not file and serve his or her obj in this manner will be deemed to have waived his or her obj and will be forever precluded from making any obj to the fairness or adequacy of the proposed settlement agreement or to class counsel's motion for fees and expenses 5) ptys submit briefs to any obj by 4/14/10; 6) the hearing may be continued or adjourned by order of this court from time to time and w/o further notice to the class except that notice will be provided to any class member who has filed timely obj. Signed by Judge Henry R. Wilhoit, Jr on 2/12/10. (SMT)cc: COR
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| Set/Reset Hearings: Evidentiary Hearing set for 4/21/2010 09:00 AM in ASHLAND before Judge Henry R. Wilhoit Jr.. (SMT) |
| ***FILE SUBMITTED TO CHAMBERS of Henry R. Wilhoit, Jr. for review: #19 Stipulation and Proposed Order Allowing Use of Plan Participant Eligibility Information. (KSS) |
| Filing 19 STIPULATION AND PROPOSED ORDER ALLOWING USE OF PLAN PARTICIPANT ELIGIBILITY INFORMATION by Chad S. Thompson, Robert Adkins, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity), Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust), Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), Special Metals Retiree Benefits Trust, Robert Hennessey, Arlene Qualls, Kerry Winters, Tim Dean, Carl Hall, Jeanette Stump, James Smith. (Fusco, David) |
| ***MOTION SUBMITTED TO CHAMBERS of Henry R. Wilhoit, Jr. for review: re #18 MOTION to Certify Class with Memorandum by Chad S. Thompson, Robert Adkins, James Smith (KSS) |
| Filing 18 MOTION to Certify Class with Memorandum by Chad S. Thompson, Robert Adkins, James Smith Responses due by 3/2/2010 (Attachments: #1 Exhibit 1 - Adkins Declaration, #2 Exhibit 2 Smith Declaration, #3 Exhibit 3 Thompson Declaration, #4 Exhibit 4 Cook Declaration, #5 Exhibit 5 Cook CV, #6 Ames v. Bosch)(Cook, David) Modified to add text "with Memorandum" on 2/10/2010 (KSS). Modified on 4/22/2010 to create links to Minute Order #43 and Order certifying class #44 (CMR). |
| ***MOTION SUBMITTED TO CHAMBERS of Henry R. Wilhoit, Jr. for review: re #17 JOINT MOTION for Order by Chad S. Thompson, Robert Adkins, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation (in its corporate capacity), Special Metals Corporation (in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits trust), Huntington Alloys Corporation (in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), James Smith, and MOTION Preliminarily Approving Settlement, Approving Form and Manner of Notice, and Scheduling Hearing on the Fairness of Settlement by Chad S. Thompson, Robert Adkins, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Special Metals Corporation (in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation (in its corporate capacity), Special Metals Corporation (in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust) Huntington Alloys Corporation (in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), James Smith, and MOTION for Hearing by Chad S. Thompson, Robert Adkins, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation (in its corporate capacity), Special Metals Corporation (in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits trust), Huntington alloys Corporation (in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), James Smith. (KSS) |
| Filing 17 JOINT MOTION for Order for preliminary approval of the proposed class action settlement agreement by Chad S. Thompson, Robert Adkins, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity), Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust), Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), James Smith, MOTION Preliminarily Approving Settlement, Approving Form and Manner of Notice, and Scheduling Hearing on the Fairness of Settlement by Chad S. Thompson, Robert Adkins, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity), Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust), Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), James Smith, MOTION for Hearing by Chad S. Thompson, Robert Adkins, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity), Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust), Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), James Smith (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Settlement Agreement, #3 Exhibit 2 - Drake Declaration, #4 Exhibit 3 - Adkins Declaration, #5 Exhibit 4 - Smith Declaration, #6 Exhibit 5 - Cook Declaration, #7 Exhibit 6 - Thompson Declaration, #8 Exhibit 7 - Jury Declaration, #9 Exhibit 8 - 01/05/10 Letter, #10 Proposed Order)(McIntyre, M.) Modified on 2/8/2010 (KSS). |
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Filing 16
ORDER: granting #15 Motion to Appear Pro Hac Vice David M. Fusco Shall be admitted as counsel for dfts in this action (Note: General order and Registration form mailed). Signed by Judge Henry R. Wilhoit, Jr on 1/21/10. (SMT)cc: COR
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| BAR STATUS Check completed as to David M. Fusco re #15 MOTION for David M. Fusco to Appear Pro Hac Vice for Special Metals Retiree Benefits Trust, Robert Hennessey, Arlene Qualls, Kerry Winters, Tim Dean, Carl Hall, Jeanette Stump. (CMR) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wilhoit for review: re #15 MOTION for David M. Fusco to Appear Pro Hac Vice for Special Metals Retiree Benefits Trust, Robert Hennessey, Arlene Qualls, Kerry Winters, Tim Dean, Carl Hall, Jeanette Stump (CMR) |
| Filing 15 MOTION for David M. Fusco to Appear Pro Hac Vice on behalf of Special Metals Retiree Benefits Trust, Robert Hennessey, Arlene Qualls, Kerry Winters, Tim Dean, Carl Hall, Jeanette Stump. (Attachments: #1 Exhibit A: Affidavit of David M. Fusco, #2 Proposed Order, #3 Cover Letter, #4 Receipt for PHV Fee) (NOTE: Electronic Filing Registration Form was received with this filing, but is not scanned)(CMR) |
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Filing 14
ORDER: granting #12 Motion to Appear Pro Hac Vice of David Cook; granting #13 Motion to Appear Pro Hac Vice of Jennie G. Arnold same are admitted pro hac vice for plaintiffs in this action. Signed by Judge Henry R. Wilhoit, Jr on 1/15/10. (SMT)cc: COR
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| BAR STATUS Check completed as to Jennie G. Arnold and David M. Cook re: #12 MOTION for David M. Cook to Appear Pro Hac Vice by Chad S. Thompson, Robert Adkins, James Smith ( Filing fee $65; receipt number 1662477); re #13 MOTION for Jennie G. Arnold to Appear Pro Hac Vice by Chad S. Thompson, Robert Adkins, James Smith ( Filing fee $65; receipt number 1662491). (KRS) |
| ***MOTION SUBMITTED TO CHAMBERS of Henry R. Wilhoit for review: re: #12 MOTION for David M. Cook to Appear Pro Hac Vice by Chad S. Thompson, Robert Adkins, James Smith ( Filing fee $65; receipt number 1662477) AND re #13 MOTION for Jennie G. Arnold to Appear Pro Hac Vice by Chad S. Thompson, Robert Adkins, James Smith ( Filing fee $65; receipt number 1662491). (KRS) |
| Filing 13 MOTION for Jennie G. Arnold to Appear Pro Hac Vice by Chad S. Thompson, Robert Adkins, James Smith ( Filing fee $65; receipt number 1662491) (Attachments: #1 Affidavit of Jennie G. Arnold, #2 Certificate of Good Standing, #3 Proposed Order)(Arnold, Jennie) Modified text on 1/14/2010 (KRS). |
| Filing 12 MOTION for David M. Cook to Appear Pro Hac Vice by Chad S. Thompson, Robert Adkins, James Smith ( Filing fee $65; receipt number 1662477) (Attachments: #1 Affidavit of David M. Cook, #2 Certificate of Good Standing, #3 Proposed Order)(Cook, David) Modified text on 1/14/2010 (KRS). |
| Filing 11 ANSWER to #1 Complaint,, by Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity), Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust), Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust).(McIntyre, M.) |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity) identifying Corporate Parent Precision Castparts Corp., Corporate Parent Special Metals Corp. for Huntington Alloys Corporation; Corporate Parent Precision Castparts Corp. for Special Metals Corporation.. (McIntyre, M.) |
| Filing 9 NOTICE of Appearance by M. Scott McIntyre on behalf of Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity), Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust), Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust) (McIntyre, M.) |
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Filing 8
ORDER: Granting #5 Motion for Jonathan Cohn to Appear Pro Hac Vice; Granting #6 Motion for William Payne to Appear Pro Hac Vice. Signed by Judge Henry R. Wilhoit, Jr on 1/12/2010. (CMR) cc: COR w/copy of General Order 06-11 re: Mandatory ECF and ECF Registration form to Attorney Jonathan Cohn via US Mail
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| BAR STATUS Check completed as to Jonathan Cohn re #5 MOTION for Jonathan Cohn to Appear Pro Hac Vice by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC ( Filing fee $65; receipt number 1660533). (KRS) |
| BAR STATUS Check completed as to William T. Payne re #6 MOTION for William Payne to Appear Pro Hac Vice by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC ( Filing fee $65; receipt number 1660562). (KRS) |
| ***MOTION SUBMITTED TO CHAMBERS of HENRY R. WILHOIT for review: #5 MOTION for Jonathan Cohn to Appear Pro Hac Vice by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC ( Filing fee $65; receipt number 1660533) AND re #6 MOTION for William Payne to Appear Pro Hac Vice by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC ( Filing fee $65; receipt number 1660562) (KRS) |
| Filing 7 WAIVER OF SERVICE Returned Executed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC. Special Metals Retiree Benefits Trust waiver sent on 1/8/2010, answer due 3/9/2010. (Berry, Adrienne) |
| Filing 6 MOTION for William Payne to Appear Pro Hac Vice by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC ( Filing fee $65; receipt number 1660562) (Attachments: #1 Exhibit A - Affidavit of William T. Payne, #2 Proposed Order to Payne Motion)(Berry, Adrienne) Modified to further describe attachment on 1/12/2010 (KRS). |
| Filing 5 MOTION for Jonathan Cohn to Appear Pro Hac Vice by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC ( Filing fee $65; receipt number 1660533) (Attachments: #1 Exhibit A - Affidavit of Jonathan Cohn, #2 Proposed Order to Cohn Motion)(Berry, Adrienne) Modified to further describe attachment on 1/12/2010 (KRS). |
| Filing 4 WAIVER OF SERVICE Returned Executed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC. Special Metals Corporation(in its corporate capacity) waiver sent on 1/8/2010, answer due 3/9/2010. (Berry, Adrienne) |
| NOTICE OF DOCKET MODIFICATION TO Adrienne Berry re #3 Disclosure Statement pursuant to FRCP 7.1; Error: the correct filer was not selected; Entry by Attorney; Correction: Clerk has added United Steel as the filer to this document and has removed Robert Adkins as the filer; No further action is required by counsel. cc: COR (CMR) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC (Berry, Adrienne) Modified on 1/6/2010 to remove Robert Adkins as the filer and to insert the correct filer.(CMR). |
| Conflict Check run. (CMR) |
| Filing 2 Summons Issued as to Special Metals Corporation(in its corporate capacity), Precision Castparts Corporation, Huntington Alloys Corporation(in its corporate capacity), Special Metals Corporation(in its collective capacity as residual fiduciary of the Special Metals Retiree Benefits Trust), Huntington Alloys Corporation(in its collective capacity residual fiduciary of the Special Metals Retiree Benefits Trust), Special Metals Retiree Benefits Trust, Robert Hennessey, Arlene Qualls, Tim Dean, Carl Hall, Jeanette Stump; issued summons returned to counsel via US Mail. (CMR) |
| Filing 1 COMPLAINT ( Filing fee $350; receipt number 1653864) filed by Robert Adkins; James Smith; Chad S. Thompson; United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC. (Attachments: #1 Exhibit : Retiree Benefits Trust - Part 1, #2 Exhibit Contd: Retiree Benefits Trust - Part 2, #3 Exhibit : Memorandum of Agreement, #4 Civil Cover Sheet, #5 Summons Form for issuance - SMC, #6 Summons Form for issuance - VEBA & Trustees)(CMR) |
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