Caufield et al v. Colgate-Palmolive Co et al
| Paul Caufield and Rebecca M Staley |
| Colgate-Palmolive Co., Colgate-Palmolive Co. Employee's Ret. Income Plan, Laura Flavin, Daniel Marsili and Employee Relations Committee of Colgate-Palmolive Co. |
| 1:2016cv04170 |
| June 3, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lorna G. Schofield |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
319
ORDER AND REVISED FINAL JUDGMENT: Accordingly, the Court directs Defendants to calculate or recalculate, as the case may be, all Residual Annuities for each member of the Class and pay the corrected Residual Annuity as follows. These calculatio ns are copied verbatim from Plaintiffs' Proposed Order and Revised Final Judgement, Dkt. 295-1, subject to modifications proposed by the Joint Motion To Correct Judgment, Dkt. 315, and were undisputed except for the two issues resolved in the Court's Dkt. 312 opinion. The Accrued Benefit as defined in Section 1.2 is equal to "a monthly annuity for the life of the Member" "commencing at Normal Retirement Age or any later date, which is the Actuarial Equivalent of the Member's Account as of the end of the month coinciding with or immediately following, as the case may be, the determination date and further set forth in this Order." As in the Court's prior orders (Dkt. Nos. 284 and 286), th e relief herein is stayed until appellate remedies have been exhausted. The obligation to file motions for attorneys' fees and expenses and to notify the Class is likewise stayed until that time and further order of the Court. So Ordered. The Clerk of Court is respectfully directed to close the motion at Dkt. 315. Motions terminated: 315 JOINT MOTION to Correct Judgment re: 313 Judgment,,,, . filed by Employee Relations Committee of Colgate-Palmolive Co., Colgate-Palmolive Co., Daniel Marsili, Colgate-Palmolive Co. Employee's Ret. Income Plan, Laura Flavin. (Signed by Judge Lorna G. Schofield on 4/26/2024) (rro)
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Filing
313
ORDER AND REVISED FINAL JUDGMENT: Upon consideration of Plaintiffs' and the Class's motion for entry of a revised final judgment as to Count II, Errors 1 and 3 of the Complaint, Defendants' opposition thereto and the entire record h erein, for the reasons set forth in the Opinion and Order filed contemporaneously herewith, Plaintiffs' motion is GRANTED. Accordingly, the Court directs Defendants to calculate or recalculate, as the case may be, all Residual Annuities for e ach member of the Class and pay the corrected Residual Annuity as follows. These calculations are copied verbatim from Plaintiffs' Proposed Order and Revised Final Judgement, Dkt. 295-1, and were undisputed except for the two issues resolved in the Court's concurrent opinion, as further set forth. As in the Court's prior orders (Dkt. Nos. 284 and 286), the relief herein is stayed until appellate remedies have been exhausted. The obligation to file motions for attorneys' fees and expenses and to notify the Class is likewise stayed until that time and further order of the Court. (Signed by Judge Lorna G. Schofield on 3/28/2024) (mml)
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Filing
286
ORDER: It is hereby ORDERED that per the Ruling, the entire proceeding is stayed pending appeal, including the parties' obligations to (i) file motions for attorneys' fees and expenses and (ii) notify the Class. Case stayed. (Signed by Judge Lorna G. Schofield on 8/27/2020) (va)
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Filing
284
OPINION, ORDER AND FINAL JUDGMENT re: 278 MOTION for Summary Judgment as to Count II, Errors 1 and 3 of the Complaint, and for Entry of Final Judgment under Rule 54(b). filed by Rebecca McCutcheon, Paul Caufield. For the foregoing r easons, Plaintiffs motion is GRANTED. The relief provided in this Opinion, Order and Final Judgment is stayed to allow the parties to pursue an appeal. Defendants' request for oral argument (Dkt. No. 283) is DENIED as moot. The Clerk of Court is respectfully directed to close the motion at Docket No. 278. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/24/2020) (cf) Transmission to Orders and Judgments Clerk for processing.
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Filing
275
ORDER: ORDERED that Counts III-V are dismissed with prejudice on consent of the parties. It is further ORDERED that Plaintiffs' request for leave to file a motion for summary judgment as to Count II, Errors 1 and 3, and request entry of final ju dgment under Rule 54(b) is GRANTED. Plaintiffs shall file the notice of motion, memorandum of law and proposed order by August 4, 2020. Defendants shall file a response by August 11, 2020. Plaintiffs shall file a reply by August 14, 2020. The parties ' initial memoranda of law shall not exceed ten pages. The reply shall not exceed five pages. The parties shall rely, to the extent necessary, on exhibits filed in connection with Defendant's motion for summary judgment. No additional exhib its shall be filed. It is further ORDERED that Plaintiffs' request for a pre-motion conference is DENIED. The Clerk of Court is respectfully directed to close the open motion at Docket No. 267.(Motions due by 8/4/2020. Responses due by 8/11/2020. Replies due by 8/14/2020.) (Signed by Judge Lorna G. Schofield on 7/29/2020) (jwh)
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Filing
266
ORDER: WHEREAS, on July 10, 2020, the Court issued an Opinion and Order, granting in part and denying in part Defendants' motion for summary judgment (Dkt. No. 265). This action is therefore trial ready. It is hereby ORDERED that the parties sha ll file a letter by July 23, 2020, stating whether they wish to be referred to a Magistrate Judge, a court appointed mediator or wish to retain their own mediator for the purpose of settlement discussions, prior to the Court issuing an order setting a trial date. The parties would be assigned a different Magistrate Judge for settlement discussions than the one assigned for general pre-trial (see Dkt. No. 71). (Signed by Judge Lorna G. Schofield on 7/16/2020) (jwh)
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Filing
265
OPINION AND ORDER re: 235 MOTION for Summary Judgment as to Counts I and II of the Complaint. filed by Employee Relations Committee of Colgate-Palmolive Co., Colgate-Palmolive Co., Daniel Marsili, Colgate-Palmolive Co. Employee& #039;s Ret. Income Plan, Laura Flavin. For the foregoing reasons, Defendants motion for summary judgement is GRANTED in part, and DENIED in part as follows: Count I granted Count II: Error 1 denied Error 2 granted Error 3 denied Error 4 granted as to the Class, denied as to McCutcheon Defendants' request for oral argument is DENIED as moot, as is Plaintiffs' request for a pre-motion conference on the application to file a surreply. The Clerk of Court is respectfully directed to close the motion at Docket No. 235. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/10/2020) (cf)
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Filing
260
ORDER. It is hereby ORDERED that Plaintiffs shall file the Expert Report and Reply Expert Report of Lawrence Deutsch on ECF by May 8, 2020. (Signed by Judge Lorna G. Schofield on 5/8/2020) (rjm)
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Filing
258
ORDER: It is hereby ORDERED that Defendants shall file the Declaration and Expert Report of Jeff Leonard, FSA, EA, MAA & CFA on ECF by May 1, 2020. (Signed by Judge Lorna G. Schofield on 4/30/2020) (rro)
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Filing
75
OPINION AND ORDER re: 59 MOTION to Certify Class, MOTION to Appoint Counsel Plaintiffs Notice of Motion for Class Certification and for Appointment of Class Counsel, filed by Rebecca M Staley, Paul Caufield. Plaintiffs have shown that the appointment of the Gottesdiener Law Firm as class counsel is warranted. Plaintiffs' motion for class certification is GRANTED. It is hereby ordered that Plaintiff Rebecca McCutcheon is appointed the class representative to sue on behalf of a class of "any person who, under any of Appendices B, C or D of the Plan, is entitled to a greater benefit than his or her Accrued Benefit as defined in Plan § 1.2, provided such person received a lump sum payment from the Plan, and the beneficiaries and estates of any such person." It is further ordered that Gottesdiener Law Firm, PLLC is appointed class counsel. The Clerk of Court is respectfully directed to close the motion at Docket No. 59 and to amend the caption of this case to be: "McCutcheon, et al. v. Colgate-Palmolive Co., et al.", and as further set forth herein. (Signed by Judge Lorna G. Schofield on 7/27/2017) (ras)
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Filing
35
OPINION AND ORDER re: 25 MOTION to Dismiss Plaintiffs' Complaint. filed by Employee Relations Committee of Colgate-Palmolive Co., Colgate-Palmolive Co., Daniel Marsili, Colgate-Palmolive Co. Employee's Ret. Income Plan , Laura Flavin. For the foregoing reasons, Defendants Colgate-Palmolive Co., Colgate-Palmolive Co. Employees' Retirement Income Plan, Laura Flavin, Daniel Marsili and the Employee Relations Committee of Colgate-Palmolive Co.'s motion to dismiss is DENIED. The Clerk of Court is directed to close the motion at Docket No. 25. (Signed by Judge Lorna G. Schofield on 2/24/2017) (kgo) Modified on 2/24/2017 (kgo).
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