Schultz, et al v. Stoner, et al
| Alton C. Schultz, Jr., Elaine B. Jackson, Gladys Criddle and Harold J. Weber, Jr. |
| Janet L. Stoner and ChevronTexaco Corp. |
| 1:2000cv00439 |
| January 20, 2000 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Gabriel W. Gorenstein |
| Laura Taylor Swain |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
143
CASE MANAGEMENT ORDER: By May 15, 2009, plaintiffs shall serve a preliminary amended class definition, to include amendments necessary to take into account the rulings entered in this case. The parties agree that the submission of this preliminary de finition is without prejudice to plaintiffs' right to submit a further revised class definition based on information that may be learned during the class discovery process. By June 5, 2009, the parties shall serve initial written discovery requ ests (interrogatories and document requests) pertaining to class discovery. By August 7, 2009, the parties shall serve written responses to the initial interrogatories. By August 31,2009, the parties shall serve written responses to the initial docu ment requests. By December 21, 2009, all class discovery shall be completed. By January 21, 2010, motions for class certification and any dispositive motions, along with supporting memoranda of law, shall be served. Responding memoranda of law shall be served 45 days after service of said motions. Any reply memoranda of law shall be served 21 days after service of said responses. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/8/2009) (jpo)
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Filing
125
OPINION AND ORDER #97121: For the reasons explained above, Plaintiffs application for reconsideration of the dismissal of all of their ERISA § 502(a)(1)(B) claims is granted and those claims are reinstated insofar as they are based on the 1994 a mendments to the Texaco Retirement Plan and the Texaco Thrift Plan; Plaintiffs motion for summary judgment is granted with respect to their restored ERISA § 502(a)(1)(B) claims and those claims will be remanded for the calculation of benefits; P laintiffs motion for summary judgment on their ERISA § 502(a)(3) claim is granted. insofar as Chevron Texaco must retain and pay for an independent legal adviser for the Review Panel that will determine the named Plaintiffs' benefit entitle ments under the plans; Plaintiff Weber is awarded a $1400 statutory penalty, which is to be paid immediately by defendant Stoner, pursuant to ERISA § 502(c); defendant Stoner's motion for summary judgment is granted as to Plaintiffs� 39; ERISA § 502(a)(3) claim relating to the administration of the 1989 Texaco Retirement Plan and Thrift Plan; and the parties shall confer and to submit position papers by March 31, 2009, in accordance with the instructions set forth in the pre ceding paragraph. The motions are denied in all other respects. The parties shall appear before the undersigned for a pre-trial conference on April 14,2009 at 4:30 p,m. If the parties would benefit from the involvement of a Magistrate Judge in their discussions, they are to notify the undersigned so that an appropriate order of reference can be entered. This Opinion and Order resolves docket entries 95 and 96. This case is hereby designated an ECF case. All future filings must be made via the ECF system (with courtesy copies provided for Chambers) and counsel are directed to register promptly for ECF in connection with this case. (Signed by Judge Laura Taylor Swain on 2/24/2009) (jpo) Modified on 2/25/2009 (mro).
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