Frommert, et al v. Conkright, et al
Case Number: 6:2000cv06311
Filed: June 30, 2000
Court: US District Court for the Western District of New York
Office: Rochester Office
Presiding Judge: Jonathan W. Feldman
Presiding Judge: David G. Larimer
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Plaintiff
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 10, 2017 Opinion or Order Filing 343 ORDER denying plaintiffs' 329 Motion for Reconsideration and 339 Motion to Amend or Correct. Signed by Hon. David G. Larimer on 3/10/17. (EMA) (Main Document 343 replaced on 3/10/2017) (EMA).
December 12, 2016 Opinion or Order Filing 338 ORDER granting Plaintiffs' motion for attorney's fees 241 and their supplemental motion for attorney's fees 327 . Plaintiffs are awarded attorney's fees in the amount of $4,711,430.70, and costs in the amount of $174,174, for a total award of $4,885,604.70. Defendants are hereby directed to pay that amount to Stris & Maher, LLP, within thirty (30) days after the date of entry of this Decision and Order. Signed by Hon. David G. Larimer on 12/12/16. (EMA)
November 3, 2016 Opinion or Order Filing 319 ORDER granting in part and denying in part Plaintiffs' motion for prejudgment interest 284 . Defendants are hereby directed to pay prejudgment interest to each plaintiff who has taken a distribution of benefits under the Plan, who received less than would have been due under the Court's new-hire remedy imposed on January 5, 2016. The award should be calculated using the prime interest rate, as published by the Federal Reserve, as to each plaintiff, calculated from the date of the plaintiff's distribution up to January 5, 2016.In all other respects, plaintiffs motion is denied. Signed by Hon. David G. Larimer on 11/3/16. (EMA)
October 19, 2016 Opinion or Order Filing 314 ORDER that defendants are hereby directed to respond to this Order within 15 days of the date of issuance of this Order. The billing information, as set forth in the order,may be filed under seal. Any other response must be publicly filed. Signed by Hon. David G. Larimer on 10/19/16. (EMA) (Main Document 314 replaced on 10/19/2016) (EMA).
February 10, 2016 Opinion or Order Filing 288 ORDER modifying Court's 283 Order dated 1/5/16. Signed by Hon. David G. Larimer on 2/10/16. (EMA)
January 5, 2016 Opinion or Order Filing 283 ORDER that pursuant to the 12/23/13 decision of the United States Court of Appeals for the Second Circuit remanding this case to this Court, defendants are hereby directed to recalculate and pay plaintiffs' retirement benefits, treating plaintif fs' second periods of employment with Xerox as if plaintiffs had been newly hired and without regard for their prior periods of employment, as set forth in detail in the body of this Decision and Order.This recalculation for retroactive benefits shall be completed within 30 days of this Decision and Order and a lump-sum check shall be issued to each affected plaintiff, in the amount of the difference in benefits due, within 45 days of this Decision and Order. This payment is to be made for thwith, and not delayed simply because a payment of prejudgment interest might also be awarded at some future date. Should such an interest award be made, Xerox shall issue a separate check for that amount as to each affected plaintiff. Plaintiffs a nd defendants are directed to file with the Court additional papers as to whether the Court should include an award of prejudgment interest, and if so, what the interest rate should be. Plaintiffs should first file within 20 days of this Decision an d defendants may respond within 20 days after the filing of plaintiffs' submission. Plaintiffs' motion to compel payments of amounts indisputably due 254 and their motions for summary judgment 267 , 278 are denied as moot. The Court re serves decision on plaintiffs' motion for attorney's fees 241 and will grant plaintiffs leave to file a supplemental motion for attorney's fees within 30 days of entry of this Decision. Signed by Hon. David G. Larimer on 1/5/16. (EMA)
July 9, 2009 Opinion or Order Filing 193 ORDER re 191 192 Defendants' MOTION to Expedite Hearing on Motion for Modification of Payment Schedule or Stay. Plaintiffs' Responses due by 7/17/2009, Defendants'Replies due by 7/22/2009. Oral Argument set for 7/24/2009 10:00 AM before Hon. David G. Larimer. The Court is willing to entertain argument by telephone conference. Signed by Hon. David G. Larimer on 7/9/09. (EMA)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Western District Court's Electronic Court Filings (ECF) System

Search for this case: Frommert, et al v. Conkright, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?