Clark v. Ford Motor Company et al
| Andre L. Clark |
| Ford Motor Company General Retirement Plan and Ford Motor Company |
| 2:2019cv11410 |
| May 13, 2019 |
| US District Court for the Eastern District of Michigan |
| Paul D Borman |
| Anthony P Patti |
| R Steven Whalen |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.
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Filing 74
STIPULATION AND ORDER DISMISSING CASE Signed by District Judge Paul D. Borman. (DTof)
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Filing 73
(SECOND) STIPULATED ORDER TO STAY BRIEFING SCHEDULE - Signed by District Judge Paul D. Borman. (DTof)
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Filing 72
STIPULATED ORDER TO STAY BRIEFING SCHEDULE. Signed by District Judge Paul D. Borman. (DTof)
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Filing 71
ORDER Requiring Response to #70 Objection to Report and Recommendation. Response due by 9/16/2022 Signed by District Judge Paul D. Borman. (DTof)
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Filing 70
OBJECTION to #69 Report and Recommendation by Andre L. Clark. (Conway, John)
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Filing 69
REPORT AND RECOMMENDATION to deny #66 Cross MOTION for Judgment on the Administrative Record filed by Andre L. Clark and grant #65 Cross MOTION for Judgment on the Administrative Record filed by Ford Motor Company General Retirement Plan, Ford Motor Company. Signed by Magistrate Judge Anthony P. Patti. (MLan)
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Filing 68
RESPONSE to #66 Cross MOTION for Judgment on the Administrative Record filed by Ford Motor Company, Ford Motor Company General Retirement Plan. (Nelson, Karl)
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Filing 67
RESPONSE to #65 Cross MOTION for Judgment on the Administrative Record filed by Andre L. Clark. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Summary of Alleged Substantial Evidence, #3 Exhibit 2-Bumgarner v. Ford Motor Company) (Conway, John)
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Filing 66
Cross MOTION for Judgment on the Administrative Record by Andre L. Clark. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Becoming a Contributory Member, #3 Exhibit 2-AR Excerpts) (Conway, John)
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Filing 65
Cross MOTION for Judgment on the Administrative Record by All Defendants. (Nelson, Karl)
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Filing 64
ADMINISTRATIVE RECORD of ERISA benefits claim proceedings and plan documents by All Defendants (Attachments: #1 Document Continuation, #2 Document Continuation) (Nelson, Karl)
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Filing 63
JOINT STIPULATION AND ORDER Regarding the Wilkins' Briefing Schedule on Count 1 of the Second Amendment Complaint, ( Administrative Record due by 11/5/2021, Cross-Motions for Judgment on the Administrative record due by 11/5/2021, Response to the Cross-Motions shall be filed on 12/10/2021)--Signed by Magistrate Judge Anthony P. Patti. (MWil)
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Filing 62
ANSWER to Amended Complaint with Affirmative Defenses by All Defendants. (Nelson, Karl)
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Filing 61
AMENDED COMPLAINT filed by Andre L. Clark against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Manufacturing Engineering Article, April 1991, #3 Exhibit 2-Excerpt from Fort Motor Co General Retirement Plan dated 1985) (Conway, John)[SECOND AMENDED COMPLAINT] Modified on 8/26/2021 (DPer).
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Filing 60
ORDER Granting Plaintiff's #55 Motion to Amend/Correct--Signed by Magistrate Judge Anthony P. Patti. (MWil)
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Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Motion Hearing held on 8/23/2021 re: #55 MOTION to Amend/Correct Complaint filed by Andre L. Clark Disposition: Motion granted. Order to follow. (Court Reporter: Suzanne Jacques) (MWil)
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Filing 59
REPLY to Response re #55 MOTION to Amend/Correct Complaint filed by Andre L. Clark. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Eitel v. PNC Bank NA) (Conway, John)
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Filing 58
RESPONSE to #55 MOTION to Amend/Correct Complaint filed by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Excerpt of Administrative Record) (Nelson, Karl)
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Filing 57
NOTICE OF HEARING BY VIDEO CONFERENCE on #55 MOTION to Amend/Correct Complaint. Motion Hearing set for 8/23/2021 10:00 AM before Magistrate Judge Anthony P. Patti **The parties are required to send judges paper copies of all briefs to Judge Patti's chambers in compliance with the specific requirements set forth in his Practice Guidelines.**|Zoom Webinar Information: https://www.zoomgov.com/j/1603012800?pwd=aEZhK2NJVU92dmlCeFE1Z0tpS2QrZz09 Passcode: 093111 Or One tap mobile : US: +16692545252,,1603012800# or +16468287666,,1603012800# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 or +1 551 285 1373 or +1 669 216 1590 Webinar ID: 160 301 2800 International numbers available: https://www.zoomgov.com/u/aexNbaO7Sz Or an H.323/SIP room system: H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East) Meeting ID: 160 301 2800 Passcode: 093111 SIP: 1603012800@sip.zoomgov.com Passcode: 093111| (MWil)
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Filing 56
ORDER REFERRING MOTION to Magistrate Judge Anthony P. Patti: #55 MOTION to Amend/Correct Complaint filed by Andre L. Clark. Signed by District Judge Paul D. Borman. (DTof)
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Filing 55
MOTION to Amend/Correct Complaint by Andre L. Clark. (Attachments: #1 Exhibit 1-Plaintiff's Proposed Second Amended Complaint, #2 Exhibit 2-Tippins v. Caruso) (Conway, John)
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Filing 54
STIPULATION AND ORDER Setting Briefing Schedule--Signed by Magistrate Judge Anthony P. Patti. (MWil)
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Filing 53
ORDER of Attorney Withdrawal. Signed by District Judge Paul D. Borman. (DTof)
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Filing 52
NOTICE of Withdrawal of Attorney Jennafer Tryck for on behalf of All Defendants. (Attachments: #1 [Proposed] Order of Withdrawal of Counsel) (Tryck, Jennafer)[NOTICE OF WITHDRAWAL OF EUGENE SCALIA] Modified on 6/28/2021 (DPer).
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Filing 51
ORDER Referring Pretrial Matters to Magistrate Judge Anthony P. Patti. Signed by District Judge Paul D. Borman. (DTof)
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Filing 50
OPINION AND ORDER DENYING PLAINTIFF'S #33 Statement of Procedural Challenge - Signed by Magistrate Judge R. Steven Whalen. (CCie)
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Filing 49
OPINION AND ORDER DENYING PLAINTIFF'S #33 Statement of Procedural Challenge - Signed by Magistrate Judge R. Steven Whalen. (CCie)
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Text-Only Order of reassignment from Magistrate Judge R. Steven Whalen to Magistrate Judge Anthony P. Patti pursuant to Local Civil Rule 83.11. (SSch)
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Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Miscellaneous Hearing held on 1/27/2021 Re: #33 Statement, filed by Andre L. Clark - Disposition: Taken Under Advisement. (Court Reporter: Rob Smith) (CCie)
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Filing 48
NOTICE TO APPEAR BY VIDEO CONFERENCE: Miscellaneous Hearing set for 1/27/2021 at 2:30 PM before Magistrate Judge R. Steven Whalen - |Zoom Webinar Information: https://www.zoomgov.com/j/1605701041?pwd=VWhoK1dpSEdRdmdJYmY3cy9TV2VDQT09 Passcode: 366792 Or iPhone one-tap : US: +16692545252,,1605701041# or +16468287666,,1605701041#| (CCie)
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Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Telephonic Scheduling Conference held on 1/19/2021 - (CCie)
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Filing 47
NOTICE TO APPEAR: Miscellaneous Hearing on Plaintiff's Statement of Procedural Challenge #33 set for 1/27/2021 at 02:30 PM (EST) before Magistrate Judge R. Steven Whalen. PLEASE SEE NOTICE FOR IMPORTANT INFORMATION. (THac)
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Filing 46
NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 1/19/2021 at 10:30 AM before Magistrate Judge R. Steven Whalen - ***PLEASE SEE NOTICE FOR ADDITIONAL IMPORTANT INFORMATION*** (CCie)
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Filing 45
STIPULATION AND ORDER AMENDING CASE SCHEDULING - Signed by Magistrate Judge R. Steven Whalen. (CCie)
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TEXT-ONLY NOTICE: Status Conference on 11/05/2020 is Cancelled re #44 Notice to Appear (CCie)
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Filing 44
AMENDED NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/5/2020 at 11:00 AM before Magistrate Judge R. Steven Whalen ***PLEASE SEE NOTICE FOR UPDATED CALL IN NUMBER*** (CCie)
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Filing 43
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/5/2020 at 11:00 AM before Magistrate Judge R. Steven Whalen - ***PLEASE SEE NOTICE FOR ADDITIONAL IMPORTANT INFORMATION*** (CCie)
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Filing 42
ORDER of withdraw of counsel. Signed by Magistrate Judge R. Steven Whalen. (DPer)
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Filing 41
STIPULATION AND ORDER ADJOURNING #29 Scheduling Order for ERISA - Signed by Magistrate Judge R. Steven Whalen. (CCie)
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Filing 40
NOTICE of Withdrawal of Attorney Andrea Ruth Lucas for on behalf of All Defendants. (Lucas, Andrea)
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Filing 39
ORDER Referring Pretrial Matters to Magistrate Judge R. Steven Whalen. Signed by District Judge Paul D. Borman. (DTof)
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Filing 38
REPLY to Response Plaintiff's Statement of Procedural Challenge in an ERISA Case filed by Andre L. Clark. (Attachments: #1 Index of Exhibits, #2 Exhibit Zirbel v. FMC Hearing Transcript, #3 Exhibit Stipulation and Order Resolving ERISA Discovery Dispute, #4 Exhibit Correspondence re: Clark Denial and Appeals) (Conway, John)
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Filing 37
RESPONSE to Plaintiff's Statement of Procedural Challenge in an ERISA Case (ECF No. 33) filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Appendix of Cases) (Nelson, Karl)
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Filing 36
ATTORNEY APPEARANCE: Jennafer Tryck appearing on behalf of All Defendants (Tryck, Jennafer)
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Filing 35
ORDER Requiring Response to #33 Statement of procedural challenge. Response due by 9/11/2020 Signed by District Judge Paul D. Borman. (DTof)
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Filing 34
EXHIBIT re #33 Statement, by Andre L. Clark (Conway, John)
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Filing 33
STATEMENT of A PROCEDURAL CHALLENGE IN AN ERISA CASE by Andre L. Clark (Attachments: #1 Index of Exhibits, #2 Exhibit Burngarner v. Ford Motor Co., #3 Exhibit Fife v. Ford Motor Co., #4 Exhibit Zirbel v. Ford Motor Co.) (Conway, John)
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Filing 32
STATEMENT of No Procedural Challenge by All Defendants (Nelson, Karl)
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Filing 31
STIPULATED ORDER. Signed by District Judge Paul D. Borman. (DTof)
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Filing 30
Joint STATEMENT of Standard of Review by Andre L. Clark (Conway, John)
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Filing 29
SCHEDULING ORDER for ERISA: Standard of Review Statements due by 7/7/2020 Administrative Record due by 7/21/2020 Procedural Challenge Statements due by 8/23/2020 Cross Motions due by 10/23/2020 Response due by 11/23/2020 Signed by District Judge Paul D. Borman. (DTof)
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Filing 28
STIPULATION re #27 Discovery Plan - Rule 26f by Andre L. Clark (Conway, John)
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Filing 27
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Conway, John)
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TEXT-ONLY NOTICE: Scheduling conference set for 3/6/2020 is Cancelled (DTof)
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Filing 26
NOTICE TO APPEAR: DISCOVERY PLAN DUE 3/5/2020; Scheduling Conference set for 3/6/2020 04:00 PM before District Judge Paul D. Borman *READ ENTIRE NOTICE FOR IMPORTANT INFORMATION* (DTof)
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Filing 25
ANSWER to Amended Complaint with Affirmative Defenses by Ford Motor Company, Ford Motor Company General Retirement Plan. (Nelson, Karl)
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Filing 24
STIPULATED ORDER to Extend Time to Answer re #14 Amended Complaint, filed by Andre L. Clark. Response due by 2/3/2020 Signed by District Judge Paul D. Borman. (DTof)
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Filing 23
OPINION and ORDER Granting in Part and Denying in Part Defendants' Partial MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. #15 ). Signed by District Judge Paul D. Borman. (EKar)
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Filing 22
NOTICE of Appearance by Andrea Ruth Lucas on behalf of Ford Motor Company, Ford Motor Company General Retirement Plan. (Lucas, Andrea)
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Filing 21
REPLY to Response re #15 MOTION to Dismiss filed by Ford Motor Company, Ford Motor Company General Retirement Plan. (Attachments: #1 Exhibit A, #2 Reply Appendix) (Nelson, Karl)
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Filing 20
RESPONSE to #15 MOTION to Dismiss filed by Andre L. Clark. (Attachments: #1 Exhibit 1 - Defendant Fords Response to Plaintiffs ERISA Request for Documents, #2 Plaintiff's Appendix) (Conway, John)
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Filing 19
STIPULATION AND ORDER, Set Motion and R&R Deadlines/Hearings as to #15 MOTION to Dismiss :( Response due by 9/27/2019, Reply due by 10/18/2019) Signed by District Judge Paul D. Borman. (DTof)
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Filing 18
STIPULATION to Extend Briefing Schedule by Andre L. Clark (Conway, John)
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Filing 17
STIPULATION AND ORDER TO STAY FOR FILING OF PARTIAL ANSWER - Signed by District Judge Paul D. Borman. (DTof)
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Filing 16
NOTICE OF HEARING on #15 MOTION to Dismiss . Motion Hearing set for 12/19/2019 10:30 AM before District Judge Paul D. Borman (DTof)
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Filing 15
MOTION to Dismiss by Ford Motor Company, Ford Motor Company General Retirement Plan. (Attachments: #1 Exhibit A, #2 Appendix) (Nelson, Karl)
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Filing 14
AMENDED COMPLAINT filed by Andre L. Clark against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Manufacturing Engineering Magazine Article Regarding Portable Coordinate Measurement Machine, #3 Exhibit 2 - Excerpt from the Ford Motor Company General Retirement Plan, dated November 1985) (Conway, John)
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Filing 13
STIPULATION AND ORDER SETTING SCHEDULE FOR FIRST AMENDED COMPLAINT - Signed by District Judge Paul D. Borman. (DTof)
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Filing 12
ATTORNEY APPEARANCE: Karl G. Nelson appearing on behalf of All Defendants NOTICE of Appearance by Karl G. Nelson on behalf of All Defendants. (Nelson, Karl)
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Filing 11
STIPULATED ORDER to Extend Time to File Responsive Pleading re #1 Complaint,, filed by Andre L. Clark. Response due by 8/5/2019 Signed by District Judge Paul D. Borman. (DTof)
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Filing 10
ATTORNEY APPEARANCE: Eugene Scalia appearing on behalf of All Defendants (Scalia, Eugene)
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Filing 9
STIPULATED ORDER to Extend Time to File Responsive Pleading re #1 Complaint,, filed by Andre L. Clark. Response due by 7/22/2019 Signed by District Judge Paul D. Borman. (DTof)
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Filing 8
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ford Motor Company General Retirement Plan (Baumhart, Julia)
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Filing 7
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Ford Motor Company (Baumhart, Julia)
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Filing 6
NOTICE of Appearance by Julia T. Baumhart on behalf of Ford Motor Company, Ford Motor Company General Retirement Plan. (Baumhart, Julia)
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Filing 5
CERTIFICATE of Service/Summons Returned Executed. Ford Motor Company General Retirement Plan served on 5/17/2019, answer due 6/7/2019. (Conway, John)
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Filing 4
CERTIFICATE of Service/Summons Returned Executed. Ford Motor Company served on 5/20/2019, answer due 6/10/2019. (Conway, John)
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Filing 3
SUMMONS Issued for *Ford Motor Company General Retirement Plan* (SOso)
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Filing 2
SUMMONS Issued for *Ford Motor Company* (SOso)
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Filing 1
COMPLAINT filed by Andre L. Clark against Ford Motor Company, Ford Motor Company General Retirement Plan. Plaintiff requests summons issued. Receipt No: 0645-7236654 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit Article) (Conway, John)
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