Grosso et al v. AT&T Pension Benefit Plan et al
| Patricia M Wing and Vincent C Grosso |
| Plan Administrator AT&T Services, Inc., AT&T Pension Benefit Plan and AT&T Services, Inc. |
| 1:2018cv06448 |
| July 17, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Lorna G Schofield |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time. APPLICATION GRANTED. Plaintiffs response is due on February 28, 2020. The deadline for the PBC to issue a new decision is April 30, 2020. No further extensions will be granted absent extraordinary circumstances. The parties shall file status letters every 45 days on progress in this matter. The first letter is due on January 31, 2020. (Signed by Judge Lorna G. Schofield on 12/17/2019) (mro)
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Filing 48
CONSENT LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Edgar Pauk dated 12/16/2019. Document filed by Vincent C Grosso, Patricia M Wing.(Pauk, Edgar)
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Filing 47
ORDER granting #46 Letter Motion for Extension of Time. APPLICATION GRANTED. Defendant's submission and accompany material is due on December 12, 2019. Plaintiff's submission and accompanying material is due on December 21, 2019. The Plan Administrator must render its decision by January 20, 2020. (Signed by Judge Lorna G. Schofield on 10/25/2019) (cf)
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Filing 46
LETTER MOTION for Extension of Time to submit memorandum of law and additional evidence to the Plan Administrator addressed to Judge Lorna G. Schofield from Patrick W. Shea dated October 24, 2019. Document filed by AT&T Pension Benefit Plan.(Shea, Patrick)
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Filing 45
OPINION AND ORDER re: #34 MOTION for Summary Judgment . filed by AT&T Services, Inc., AT&T Pension Benefit Plan, #28 MOTION for Summary Judgment . filed by Patricia M Wing, Vincent C Grosso, #44 JOINT LETTER MOTION for Oral Argument on the parties' Motions for Summary Judgment addressed to Judge Lorna G. Schofield from Patrick W. Shea dated March 19, 2019. filed by AT&T Services, Inc., AT&T Pension Benefit Plan. For the reasons herein, Plaintiffs' and Defendants' motions for summary judgment are DENIED. The case is REMANDED to the Plan Administrator to determine whether, based on extrinsic and other evidence, a participant must give written notice to be entitled to receive Special Update benefits under the 1998 Plan. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 28, 34 and44. (Signed by Judge Lorna G. Schofield on 9/30/2019) (kv)
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Filing 44
JOINT LETTER MOTION for Oral Argument on the parties' Motions for Summary Judgment addressed to Judge Lorna G. Schofield from Patrick W. Shea dated March 19, 2019. Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc..(Shea, Patrick)
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Filing 43
REPLY MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment . . Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc.. (Shea, Patrick)
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Filing 42
REPLY AFFIRMATION of Edgar Pauk in Support re: #28 MOTION for Summary Judgment .. Document filed by Vincent C Grosso, Patricia M Wing. (Attachments: #1 Exhibit AT&T's Filings in Helton, #2 Exhibit AT&T's Form 5500 Excerpts, #3 Exhibit AT&T's SMMs)(Pauk, Edgar)
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Filing 41
ORDER granting #40 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff shall file the Revised Affirmation by March 15, 2019. (Signed by Judge Lorna G. Schofield on 3/12/2019) (ne)
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Set/Reset Deadlines: Responses due by 3/15/2019 (ne)
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Filing 40
LETTER MOTION for Leave to File Affirmation addressed to Judge Lorna G. Schofield from Edgar Pauk dated 03/11/2019. Document filed by Vincent C Grosso, Patricia M Wing.(Pauk, Edgar)
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Filing 39
AFFIRMATION of Edgar Pauk in Opposition re: #28 MOTION for Summary Judgment .. Document filed by Vincent C Grosso, Patricia M Wing. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Pauk, Edgar)
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Filing 38
MEMORANDUM OF LAW in Opposition re: #28 MOTION for Summary Judgment . . Document filed by Vincent C Grosso, Patricia M Wing. (Pauk, Edgar)
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Filing 37
DECLARATION of Patrick W. Shea in Support re: #34 MOTION for Summary Judgment .. Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer and Defenses, #3 Exhibit C - e-mail correspondence)(Shea, Patrick)
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Filing 36
DECLARATION of Jeremy S. Siegel in Support re: #34 MOTION for Summary Judgment .. Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc.. (Attachments: #1 Exhibit A - 2014 Summary Plan Description, #2 Exhibit B - 2017 Summary Plan Description, #3 Exhibit C, Part 1 - Administrative Record, #4 Exhibit C, Part 2 - Administrative Record, #5 Exhibit C, Part 3 - Administrative Record, #6 Exhibit C, Part 4 - Administrative Record, #7 Exhibit D, Part 1 - compiled documents, #8 Exhibit D, Part 2 - compiled documents, #9 Exhibit D, Part 3 - compiled documents, #10 Exhibit D, Part 4 - compiled documents, #11 Exhibit E - excerpts of 2009 Plan)(Shea, Patrick)
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Filing 35
MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Motion for Summary Judgment (ECF 28). Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc.. (Shea, Patrick)
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Filing 34
MOTION for Summary Judgment . Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc..(Shea, Patrick)
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Filing 33
AFFIDAVIT of Patricia M. Wing in Support re: #28 MOTION for Summary Judgment .. Document filed by Vincent C Grosso, Patricia M Wing. (Pauk, Edgar)
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Filing 32
AFFIDAVIT of Vincent C. Grosso in Support re: #28 MOTION for Summary Judgment .. Document filed by Vincent C Grosso, Patricia M Wing. (Pauk, Edgar)
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Filing 31
MEMORANDUM OF LAW in Support re: #28 MOTION for Summary Judgment . . Document filed by Vincent C Grosso, Patricia M Wing. (Pauk, Edgar)
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Filing 30
RULE 56.1 STATEMENT. Document filed by Vincent C Grosso, Patricia M Wing. (Pauk, Edgar)
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Filing 29
AFFIRMATION of Edgar Pauk in Support re: #28 MOTION for Summary Judgment .. Document filed by Vincent C Grosso, Patricia M Wing. (Attachments: #1 Exhibit Adm Record, Part 1, pp. 1-155, #2 Exhibit Adm Record, Part 2, pp. 156-311, #3 Exhibit Table of Contents of Adm Record, #4 Exhibit Adm Record, Part 3, pp. 312-411)(Pauk, Edgar)
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Filing 28
MOTION for Summary Judgment . Document filed by Vincent C Grosso, Patricia M Wing.(Pauk, Edgar)
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Filing 27
ORDER: It is hereby ORDERED that the parties shall supplement the record with respect to the audio tapes and telephone transcripts of conversations with Plaintiffs and Fidelity. The parties' motion to otherwise supplement the record is DENIED. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/3/2018) (cf)
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Filing 26
ORDER: ORDERED that by January 14, 2019, Plaintiffs shall file their motion for summary judgment and supporting memorandum of law. By February 18, 2019, Defendants shall file their opposition and motion for summary judgment and supporting memorandum of law. By March 8, 2019, Plaintiffs shall file their reply and opposition to Defendants' motion for summary judgment. By March 19, 2019, Defendants shall file their reply to Plaintiffs' opposition. Each party's submissions collectively shall not exceed 45 pages in length. (As further set forth in this Order.) (Motions due by 2/18/2019., Responses due by 3/8/2019, Replies due by 3/19/2019.) (Signed by Judge Lorna G. Schofield on 11/29/2018) (cf)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 11/29/2018. (jcs)
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Filing 25
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Patrick W. Shea dated November 21, 2018 re: #23 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Edgar Pauk dated 11-09-18. . Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc.. (Shea, Patrick)
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Filing 24
ORDER granting #23 Letter Motion for Conference. Application GRANTED. Defendant shall file a response to this letter by November 21, 2018. A conference will be held on November 29, 2018, at 10:30 A.M. to discuss the issues raised in the parties' letters. Status Conference set for 11/29/2018 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/13/2018) (mro)
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Filing 23
LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Edgar Pauk dated 11-09-18. Document filed by Vincent C Grosso, Patricia M Wing. Return Date set for 11/27/2018 at 10:00 AM.(Pauk, Edgar)
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Filing 22
ANSWER to #1 Complaint. Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc..(Shea, Patrick)
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Filing 21
ORDER: It is hereby ORDERED that by December 14, 2018, Plaintiffs shall file their motion for summary judgment and supporting memorandum of law. By January 18, 2019, Defendants shall file their opposition and motion for summary judgment and supporting memorandum of law. By February 8, 2019, Plaintiffs shall file their reply and opposition to Defendants' motion for summary judgment. By February 19, 2019, Defendants shall file their reply to Plaintiffs' opposition. Each party's submissions collectively shall not exceed 45 pages in length. It is further ORDERED that by December 14, 2018, the parties shall submit a joint statement of facts not exceeding 18 pages in length. (Motions due by 1/18/2019. Responses due by 2/8/2019 Replies due by 2/19/2019). (Signed by Judge Lorna G. Schofield on 9/27/2018) (rjm)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 9/27/2018. (jcs)
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Filing 20
JOINT LETTER addressed to Judge Lorna G. Schofield from Patrick W. Shea and Edgar Pauk dated September 20, 2018 re: Joint Pre-Initial Conference Letter and Case Management Plan. Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc..(Shea, Patrick)
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Filing 19
ORDER granting #18 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned from September 6, 2018, to September 27, 2018, at 10:30 A.M. The parties shall file their joint letter and proposed case management plan by September 20, 2018. Initial Conference set for 9/27/2018 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/16/2018) (kgo)
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Filing 18
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Patrick W. Shea and Robert L. Liebross dated August 15, 2018. Document filed by AT&T Pension Benefit Plan, AT&T Services, Inc..(Shea, Patrick)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Inc. for AT&T Services, Inc.. Document filed by AT&T Services, Inc..(Shea, Patrick)
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Filing 16
NOTICE OF APPEARANCE by Elizabeth Allen Vanderlinde on behalf of AT&T Pension Benefit Plan, AT&T Services, Inc.. (Vanderlinde, Elizabeth)
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Filing 15
NOTICE OF APPEARANCE by Kenneth William Gage on behalf of AT&T Pension Benefit Plan, AT&T Services, Inc.. (Gage, Kenneth)
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Filing 14
NOTICE OF APPEARANCE by Patrick William Shea on behalf of AT&T Pension Benefit Plan, AT&T Services, Inc.. (Shea, Patrick)
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Filing 13
CERTIFICATE OF SERVICE of Court Order of July 25, 2018, and Court's Individual Rules served on AT&T Management Pension Plan; AT&T Services, Inc. as Plan Administrator on July 31, 2018. Service was accepted by Jacqueline Hall McClintock, Attorney. Document filed by Vincent C Grosso, Patricia M Wing. (Liebross, Robert)
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Filing 12
WAIVER OF SERVICE RETURNED EXECUTED. AT&T Services, Inc. waiver sent on 7/31/2018, answer due 10/1/2018. Document filed by Vincent C Grosso; Patricia M Wing. (Liebross, Robert)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. AT&T Pension Benefit Plan waiver sent on 7/31/2018, answer due 10/1/2018. Document filed by Vincent C Grosso; Patricia M Wing. (Liebross, Robert)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint. AT&T Services, Inc. served on 7/26/2018, answer due 8/16/2018. Service was accepted by Elena Bou, Intake Specialist, CT Corp.. Document filed by Vincent C Grosso; Patricia M Wing. (Liebross, Robert)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint. AT&T Pension Benefit Plan served on 7/26/2018, answer due 8/16/2018. Service was accepted by Elena Bou, Intake Specialist, CT Corp.. Document filed by Vincent C Grosso; Patricia M Wing. (Liebross, Robert)
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Filing 8
ORDER: Initial Conference set for 9/6/2018 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/25/2018) (kgo)
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Filing 7
NOTICE OF APPEARANCE by Robert Lawrence Liebross on behalf of Vincent C Grosso, Patricia M Wing. (Liebross, Robert)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to AT&T Services, Inc.. (pne)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to AT&T Pension Benefit Plan. (pne)
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Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne)
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Case Designated ECF. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edgar Pauk. The party information for the following party has been modified: AT&T Services, Inc. The information for the party has been modified for the following reason: party text was omitted. (pne)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edgar Pauk. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code New York. The following corrections have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Kings. (pne)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Services, Inc., re: #1 Complaint. Document filed by Vincent C Grosso, Patricia M Wing. (Pauk, Edgar)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Pension Benefit Plan, re: #1 Complaint. Document filed by Vincent C Grosso, Patricia M Wing. (Pauk, Edgar)
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Filing 2
CIVIL COVER SHEET filed. (Pauk, Edgar)
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Filing 1
COMPLAINT against AT&T Pension Benefit Plan, AT&T Services, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15333237)Document filed by Vincent C Grosso, Patricia M Wing.(Pauk, Edgar)
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