Vollmer et al v. Xerox Corporation et al
| Paul Vollmer and Marilyn Vollmer |
| Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Plan Administrator Committee, Xerox Medical Care Plan For Retired Employees and Xerox Dental Care Plan |
| 6:2020cv06979 |
| November 16, 2020 |
| US District Court for the Western District of New York |
| Marian W Payson |
| Charles J Siragusa |
| 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 June 1, 2023. A more recent docket listing may be available from PACER.
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Filing 69
TEXT ORDER. The Court is in receipt of the parties' joint status report indicating that the parties have agreed to a settlement in principle, and need additional time to commit the settlement to writing. Plaintiff is directed to file another short joint status report regarding the parties' progress no later than 6/30/2023, if the matter has not been resolved by that time. SO ORDERED. Signed by Hon. Charles J. Siragusa on 6/1/2023. (JCL)
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Filing 68
Letter filed by Marilyn Vollmer, Paul Vollmer as to Xerox Dental Care Plan, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Plan Administrator Committee, Xerox Medical Care Plan For Retired Employees . (Brett, Tybe)
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Filing 67
TEXT ORDER. At the request of the parties, the Pretrial Conference set for 5/18/2023 is adjourned, to be rescheduled at a later date if necessary. Plaintiff is directed to file a short joint status report regarding the parties' efforts to reach a settlement no later than 5/31/2023, if the matter has not been resolved by that time. SO ORDERED. Signed by Hon. Charles J. Siragusa on 5/10/2023. (JCL)
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NOTICE OF CALENDAR EVENT: Pretrial Conference set for 5/18/2023 10:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. PLEASE NOTE CHANGE IN DATE AND TIME. (KAP)
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NOTICE of Hearing: Pretrial Conference reset for 1/31/2023 at 11:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. (KJA)
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Filing 66
PRETRIAL ORDER. Pretrial Conference set for 1/17/2023 at 11:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Charles J. Siragusa. Signed by Hon. Charles J. Siragusa on 11/9/2022. (KJA)
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Filing 65
Minute Entry for proceedings held before Hon. Marian W. Payson: Settlement Conference held on 10/20/2022. Case has not settled. Mediation is continuation.Appearances: Tybe A. Brett, Esq. and Joel R. Hurt, Esq. with plaintiffs, Paul and Marilyn Vollmer; Joseph E. Clark, Esq. and Myron Rumeld, Esq. with Xerox representative, Jeffrey J. Harradine, Esq. (CAM)
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Filing 64
ORDER (Settlement Conference set for 10/20/2022 at 1:30 PM before Hon. Marian W. Payson. The parties are directed to appear in person. At least one week prior to the conference, each party shall submit directly to chambers a confidential settlement report.) Signed by Hon. Marian W. Payson on 9/1/2022. (KAH)
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Filing 63
Letter filed by Xerox Dental Care Plan, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Plan Administrator Committee, Xerox Medical Care Plan For Retired Employees as to Xerox Dental Care Plan, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Plan Administrator Committee, Xerox Medical Care Plan For Retired Employees / Joint Letter Regarding Judicial Mediation. (Rumeld, Myron)
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Filing 62
Minute Entry for proceedings held before Hon. Charles J. Siragusa: All parties appearing by Zoom. Tybe Brett, Esq. and Joel, Hurt, Esq. appearing on behalf of plaintiffs. Joseph Clark, Esq. and Myron Rumeld, Esq. appearing on behalf of defendants. Status Conference held on 8/17/2022. Both sides are willing to explore a possible settlement. Court directs Mr. Rumeld to send a joint letter to the Court by 8/26/22 indicating whether the parties would request a judicial mediation, the opportunity for mediation with a private mediator, or a jury trial scheduled in this matter. (Court Reporter Diane Martens.) (KJA)
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Filing 61
NOTICE of Hearing: Status Conference set for 8/17/2022 at 11:00 AM before Hon. Charles J. Siragusa to be held via Zoom for Government. Public access to this proceeding can be obtained by contacting Judge Siragusa's chambers at (585) 613-4054.(KJA)
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Filing 60
DECISION AND ORDER granting #57 Motion to Certify Class. ORDERED that the Vollmers' motion to certify class [ECF No. 57] is granted with respect to the class defined as All former Xerox employees who elected to retire pursuant to an Enhanced Early Retirement Program ('ERP'), set forth in a letter and attachments dated October 17, 1986, from D.M. Reid, Senior Vice President, Personnel and Senior Staff Officer of Xerox, and their spouses, who were receiving or eligible to receive retiree health benefits from Xerox as of December 31, 2018; and it is further ORDERED that Paul and Marilyn Vollmer are certified as representatives of the foregoing class; and it is further ORDERED that Tybe A. Brett and Joel R. Hurt of Feinstein Doyle Payne & Kravec, LLC, and David R. Pfalzgraf and Matthew D. Miller of Rupp Baase Pfalzgraf Cunningham LLC are appointed as class counsel; and it is furtherORDERED that the parties shall contact the Court within five days of the date of this order to schedule a status conference. Signed by Hon. Charles J. Siragusa on 7/26/22. (KAP)
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Filing 59
REPLY to Response to Motion re #57 MOTION to Certify Class filed by Marilyn Vollmer, Paul Vollmer. (Attachments: #1 Declaration Joel R. Hurt, Esquire, #2 Exhibit D - Virgil Butler Ltr XER-00002609, #3 Exhibit E - Virgil Butler Denial Ltr XER-00002628)(Brett, Tybe)
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Filing 58
MEMORANDUM in Opposition re #57 MOTION to Certify Class / DEFENDANTS' BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees. (Rumeld, Myron)
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Filing 57
MOTION to Certify Class by Marilyn Vollmer, Paul Vollmer. Responses due by 5/23/2022. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit Ex. A - 048-01 Ds' Resp to Ps' Stmt of Mat. Facts, #4 Exhibit Ex. B - Class List, #5 Exhibit Ex. C - Declaration of Class Counsel, #6 Text of Proposed Order)(Brett, Tybe)
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Filing 56
SCHEDULING ORDER FOR CLASS CERTIFICATION MOTION.. Within five days of the Court's decision on the motion for class certification, parties are directed to contact the Court to schedule a pretrial conference. Signed by Hon. Charles J. Siragusa on 3/9/22. (KAP)
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Filing 55
DISCOVERY PLAN by Marilyn Vollmer, Paul Vollmer.(Brett, Tybe)
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NOTICE OF CALENDAR EVENT: Telephone Status Conference set for 3/8/2022 01:00 PM before Hon. Charles J. Siragusa. PARTIES ARE DIRECTED TO CONFERENCE IN TOGETHER PRIOR TO CALLING THE COURT 585-613-4050 AT THE DESIGNATED TIME AND DATE. (KAP)
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Filing 54
DECISION AND ORDER granting in part and denying in part #44 Motion for Summary Judgment; denying #45 Motion for Summary Judgment. ORDERED that Xerox's motion for summary judgment [ECF No. 44] is granted in part, and denied in part; and it is further ORDERED that the Vollmers' motion for summary judgment [ECF No. 45] is denied; and it is further ORDERED that the Vollmers' claim against Xerox pursuant to 29 U.S.C. 1129(a)(3) for a breach of fiduciary duty is dismissed; and it is furtherORDERED that the parties are directed to contact Chambers to schedule a pretrial conference. Signed by Hon. Charles J. Siragusa on 2/14/22. (KAP)
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Filing 53
Minute Entry for proceedings held before Hon. Charles J. Siragusa: All parties appearing by video conference. Tybe Brett, Esq. and Joel Hurt, Esq. appearing on behalf of plaintiffs. Myron Rumeld, Esq. and Joseph Clark, Esq. appearing on behalf of defendants. Motion Hearing held on 1/20/2022 re #45 MOTION for Summary Judgment filed by Marilyn Vollmer, Paul Vollmer, #44 MOTION for Summary Judgment filed by Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees, Xerox Corporation, Plan Administrator Committee, Xerox Corporation 1986 Enhanced Early Retirement Program. Court reserves and will issue a written decision. (Court Reporter Diane Martens.) (KJA)
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Set/Reset Hearings: Motion Hearing reset for 1/20/2022 at 2:00 PM before Hon. Charles J. Siragusa to be held via Zoom for Government. Public access to this proceeding can be obtained by contacting Judge Siragusa's chambers at (585) 613-4054. (KJA)
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Remark. The Motion Hearing scheduled before Hon. Charles J. Siragusa on 1/20/2022 at 3:15 PM will be held via Zoom for Government. Public access to this proceeding can be obtained by contacting Judge Siragusa's chambers at (585) 613-4054. (KJA)
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Filing 52
LETTER ORDER granting the parties joint request that the Motion Hearing scheduled in this matter on 1/20/2022 at 3:15 PM before Hon. Charles J. Siragusa be held by video conference through Zoom. Public access to this proceeding can be obtained by contacting Judge Siragusa's chambers at (585) 613-4054. Signed by Hon. Charles J. Siragusa on 1/6/2022. (KJA)
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NOTICE OF CALENDAR EVENT: NOTE CHANGE IN DATE AND TIME. MOTION for Summary Judgment , #45 MOTION for Summary Judgment . Motion Hearing set for 1/20/2022 03:15 PM before Hon. Charles J. Siragusa. (KAP)
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Filing 51
REPLY to Response to Motion re #44 MOTION for Summary Judgment / DEFENDANTS REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT filed by Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees. (Attachments: #1 Declaration of Joseph E. Clark, #2 Exhibit 44, #3 Exhibit 45, #4 Exhibit 46, #5 Exhibit 47, #6 Exhibit 48, #7 Exhibit 49)(Rumeld, Myron)
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Filing 50
REPLY to Response to Motion re #45 MOTION for Summary Judgment , #44 MOTION for Summary Judgment PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT filed by Marilyn Vollmer, Paul Vollmer. (Attachments: #1 Declaration Declaration of Joel Hurt, #2 Exhibit PX 113-2022 Enrollment Worksheets with premium amounts)(Brett, Tybe)
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Filing 49
MEMORANDUM in Opposition re #44 MOTION for Summary Judgment filed by Marilyn Vollmer, Paul Vollmer. (Attachments: #1 Response to Defs Statement of Facts, #2 Declaration Declaration of Joel R. Hurt, #3 Exhibit Pl. Ex. 110, #4 Exhibit Pl. Ex. 111, #5 Exhibit Pl. Ex. 112)(Brett, Tybe)
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Filing 48
MEMORANDUM in Opposition re #45 MOTION for Summary Judgment filed by Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees. (Attachments: #1 Response to Plaintiffs' 56.1 Statement, #2 Declaration of Joseph Clark, #3 Exhibit 32, #4 Exhibit 33, #5 Exhibit 34, #6 Exhibit 35, #7 Exhibit 36, #8 Exhibit 37, #9 Exhibit 38, #10 Exhibit 39, #11 Exhibit 40, #12 Exhibit 41, #13 Exhibit 42, #14 Exhibit 43, #15 Declaration of Christopher Reigle, #16 Exhibit 1)(Rumeld, Myron)
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Filing 47
TEXT MOTION SCHEDULING ORDER re #45 MOTION for Summary Judgment filed by Marilyn Vollmer, Paul Vollmer, #44 MOTION for Summary Judgment filed by Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees, Xerox Corporation, Plan Administrator Committee, Xerox Corporation 1986 Enhanced Early Retirement Program, ( Responses due by 11/5/2021., Replies due by 11/19/2021. Motion Hearing set for 12/9/2021 02:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 9/27/21. (KAP)
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E-Filing Notification: The attachments for 44-21 and 44-30 have been replaced with redacted documents per Judge Siragusa's chambers. #44 MOTION for Summary Judgment (LMD)
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Filing 46
DECLARATION re #45 MOTION for Summary Judgment filed by Marilyn Vollmer, Paul Vollmer . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109)(Brett, Tybe)
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Filing 45
MOTION for Summary Judgment by Marilyn Vollmer, Paul Vollmer. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts, #3 Text of Proposed Order)(Brett, Tybe)
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Filing 44
MOTION for Summary Judgment by Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees. (Attachments: #1 Memorandum of Law in Support, #2 Local Rule 56(a)(1) Statement of Material Facts, #3 Declaration of Joseph Clark in Support, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31)(Rumeld, Myron) (Attachment 21 replaced on 9/27/2021) (LMD). (Attachment 30 replaced on 9/27/2021) (LMD).
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Filing 43
Letter filed by Xerox Dental Care Plan, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Plan Administrator Committee, Xerox Medical Care Plan For Retired Employees as to Xerox Dental Care Plan, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Plan Administrator Committee, Xerox Medical Care Plan For Retired Employees as to Briefing Schedule on Motions for Summary Judgment. (Clark, Joseph)
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Filing 42
NOTICE of Withdrawal of Attorney: Anne K. Bowling, James R. O'Connor no longer appearing for Plaintiffs Marilyn Vollmer, Paul Vollmer. CLERK TO FOLLOW UP. (Pfalzgraf, David)
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Filing 41
NOTICE of Appearance by David Ross Pfalzgraf, Jr on behalf of Marilyn Vollmer, Paul Vollmer (Pfalzgraf, David)
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Filing 40
NOTICE of Appearance by Matthew D. Miller on behalf of Marilyn Vollmer, Paul Vollmer (Miller, Matthew)
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Filing 39
LETTER ORDER granting #38 Motion for Extension of Time to Complete Discovery. See contents of Order for specific modifications. Signed by Hon. Marian W. Payson on 7/16/2021. (KAH)
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Filing 38
Joint MOTION for Extension of Time to Complete Discovery by Marilyn Vollmer, Paul Vollmer.(Brett, Tybe)
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E-Filing Notification: #37 NOTICE of Withdrawal of Attorney; Clerk did not remove attorney because the document does not comply with Local Rule 83.2(c). ACTION REQUIRED: Please refile the document with the appropriate certification or file a motion in accordance with L.R.Civ.P. 83.2(c)(4). (JLV)
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Filing 37
NOTICE of Withdrawal of Attorney: Anne K. Bowling no longer appearing for Plaintiffs Marilyn Vollmer, Paul Vollmer. CLERK TO FOLLOW UP. (Bowling, Anne)
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Filing 36
NOTICE of Appearance by James R O'Connor on behalf of Marilyn Vollmer, Paul Vollmer (O'Connor, James)
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Filing 35
LETTER ORDER granting #33 Motion for Extension of Time to File. Motions to Amend due by 7/19/2021. Fact Discovery to be completed by 8/12/2021. Motions to Compel due by 7/14/2021. Liability Expert ID/Reports due by 5/24/2021. Rebuttal Expert ID/Reports due by 7/2/2021. Expert Discovery to be completed by 8/12/2021. Dispositive Motions due by 9/24/2021. Signed by Hon. Marian W. Payson on 6/10/2021. (KAH)
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Filing 34
Mediation Certification by Carole Katz. The case has not settled mediation complete. (AGW)
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Set/Reset Scheduling Order Deadlines: Motions to Amend due by 7/19/2021. Fact Discovery to be completed by 8/12/2021. Motions to Compel due by 7/14/2021. Liability Expert ID/Reports due by 5/24/2021. Rebuttal Expert ID/Reports due by 7/2/2021. Expert Discovery to be completed by 8/12/2021. Dispositive Motions due by 9/24/2021. (KAH)
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Filing 33
Joint MOTION for Extension of Time to File Scheduling Order by Marilyn Vollmer, Paul Vollmer.(Brett, Tybe)
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Filing 32
LETTER ORDER (The deadlines contained in this Court's April 20, 2021 Order & Amended Scheduling Order #28 are hereby extended by seven (7) days pending the filing of a jointly-proposed amended scheduling order.) Signed by Hon. Marian W. Payson on 6/4/2021. (KAH)
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Filing 31
MOTION for Extension of Time to Complete Discovery by Marilyn Vollmer, Paul Vollmer.(Brett, Tybe)
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Filing 30
Stipulation-Selection of Mediator by Marilyn Vollmer, Paul Vollmer(Bowling, Anne)
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Filing 29
LETTER ORDER granting #27 Motion to Adjourn ADR Deadlines. Signed by Hon. Marian W. Payson on 4/20/2021. (KAH)
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Filing 28
ORDER & AMENDED SCHEDULING ORDER granting #26 Motion for Extension of Time to Complete Discovery. The Court's 2/25/2021 Scheduling Order #21 shall be amended as follows: Motions to Join Other Parties/Commence Third Party Action due by 5/21/2021. Motions to Amend due by 6/11/2021. Fact Discovery to be completed by 6/21/2021. Motions to Compel due by 6/7/2021. Liability Expert ID/Reports due by 5/24/2021. Rebuttal Expert ID/Reports due by 6/25/2021. Expert Discovery to be completed by 7/12/2021. Dispositive Motions due by 7/19/2021. Signed by Hon. Marian W. Payson on 4/20/2021. (KAH)
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Set/Reset Scheduling Order Deadlines: Motions to Join Other Parties/Commence Third Party Action due by 5/21/2021. Motions to Amend due by 6/11/2021. Fact Discovery to be completed by 6/21/2021. Motions to Compel due by 6/7/2021. Liability Expert ID/Reports due by 5/24/2021. Rebuttal Expert ID/Reports due by 6/25/2021. Expert Discovery to be completed by 7/12/2021. Dispositive Motions due by 7/19/2021. (KAH)
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Filing 27
Joint MOTION to Adjourn ADR Deadlines by Marilyn Vollmer, Paul Vollmer.(Bowling, Anne)
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Filing 26
Joint MOTION for Extension of Time to Complete Discovery Extend Scheduling Order by Marilyn Vollmer, Paul Vollmer.(Bowling, Anne)
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Filing 25
STIPULATED PROTECTIVE ORDER. Signed by Hon. Marian W. Payson on 3/12/2021. (KAH)
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Motion to Adjourn #23 granted by Letter Order #24 (statistical entry). (KAH)
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Filing 24
LETTER ORDER granting request to extend the ADR deadlines. (Stipulation of Selection of Mediator due by 4/19/2021. First Mediation Session due by 6/7/2021. Mediation To End by 8/9/2021.) Signed by Hon. Marian W. Payson on 3/5/2021. (KAH)
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Filing 23
MOTION to Adjourn ADR Deadlines Letter Motion to Adjourn ADR Deadlines by Marilyn Vollmer, Paul Vollmer.(Bowling, Anne)
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Filing 22
Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 2/25/2021. Appearances: Anne K. Bowling, Esq., Joel R. Hurt, Esq. and Tybe A. Brett, Esq., Joseph E. Clark, Esq. (CAM)
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Filing 21
SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Stipulation of Selection of Mediator due by 3/25/2021. First Mediation Session due by 5/20/2021. Mediation To End by 7/20/2021. Motions to Join Parties/Amend Pleadings due by 4/23/2021. Fact Discovery to be completed by 5/24/2021. Motions to Compel Discovery due by 5/10/2021. Liability Expert ID/Reports due by 4/26/2021. Rebuttal Expert ID/Reports due by 5/28/2021. Expert Discovery to be completed by 6/14/2021. Dispositive Motions due by 6/21/2021. Joint proposed schedule for class certification and the identification of, disclosure by and depositions of remedies experts due within 10 days of the district court's decision on dispositive motions. Hon. Marian W. Payson on 2/25/2021. (KAH)
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NOTICE: The Telephone Scheduling Conference set for 2/24/2021 has been adjourned until 2/25/2021 at 11:40 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel. (KAH)
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Filing 20
DISCOVERY PLAN by Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees.(Clark, Joseph)
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Filing 19
ORDER (Telephone Scheduling Conference set for 2/24/2021 11:40 AM before Hon. Marian W. Payson. Counsel will be provided dial-in instructions by email prior to the conference.) Signed by Hon. Marian W. Payson on 1/27/2021. (KAH)
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Filing 18
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Signed by Hon. Charles J. Siragusa on 1/25/21. (KJA)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)
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Filing 17
Defendants' ANSWER to #1 Complaint, by Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees.(Rumeld, Myron)
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Filing 16
NOTICE of Appearance by Joseph E Clark on behalf of Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees (Clark, Joseph)
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Filing 15
DECISION AND ORDER denying #5 Motion for Preliminary Injunction. Defendants are directed to respond to Plaintiffs' complaint as agreed in the waiver of service. Signed by Hon. Charles J. Siragusa on 1/6/21. (KAP)
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Filing 14
Minute Entry for proceedings held before Hon. Charles J. Siragusa: All parties appearing by video conference. Tybe Brett, Esq., Anne Bowling, Esq., and Joel Hurt, Esq. appearing on behalf of plaintiffs. Myron Rumeld, Esq. appearing on behalf of defendants. Motion Hearing held on 12/23/2020 re #5 MOTION for Preliminary Injunction filed by Marilyn Vollmer, Paul Vollmer. Motions Submitted: #5 MOTION for Preliminary Injunction . Court reserves and will issue a written decision. (Court Reporter Diane Martens.) (KJA)
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Filing 13
REPLY to Response to Motion re #5 MOTION for Preliminary Injunction filed by Marilyn Vollmer, Paul Vollmer. (Attachments: #1 Declaration of Marilyn Vollmer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Bowling, Anne)
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Filing 12
WAIVER OF SERVICE Returned Executed by Paul Vollmer, Marilyn Vollmer. All Defendants. (Bowling, Anne)
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Filing 11
RESPONSE in Opposition re #5 MOTION for Preliminary Injunction filed by Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees. (Attachments: #1 Declaration Suzan Morno-Wade, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Rumeld, Myron)
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Filing 10
Corporate Disclosure Statement by Xerox Corporation identifying Corporate Parent Xerox Holdings Corporation for Xerox Corporation.. (Rumeld, Myron)
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Filing 9
NOTICE of Appearance by Myron Rumeld on behalf of Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees (Rumeld, Myron)
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Filing 8
CERTIFICATE OF SERVICE by Marilyn Vollmer, Paul Vollmer re 7 Text Order,,, (Brett, Tybe)
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Filing 7
TEXT SCHEDULING ORDER: On November 24, 2020, Plaintiffs Paul and Marilyn Vollmer filed a MOTION for Preliminary Injunction (ECF No. [#5]), as well as a MOTION to Expedite Hearing on the Attached Motion for a Preliminary Injunction (ECF No. [#6]). Although Defendant' attorneys have not yet filed a notice of appearance in this case, Plaintiffs' motions certify that Defendants attorneys were duly served. It is hereby ORDERED that Defendants Xerox Corporation et al must file and serve any Response to Plaintiffs' MOTION for Preliminary Injunction [#5] on or before December 14, 2020. Plaintiffs must file and serve their Reply on or before December 21, 2020. Oral argument will be held via videoconference through Zoom for Government at 2 PM on December 23, 2020.. Signed by Hon. Charles J. Siragusa on 12/1/20. (KAP)
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Set/Reset Deadlines as to #5 MOTION for Preliminary Injunction . Responses due by 12/14/2020. Replies due by 12/21/2020. Motion Hearing set for 12/23/2020 02:00 PM before Hon. Charles J. Siragusa. (KAP)
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Filing 6
MOTION to Expedite Hearing on the Attached Motion for a Preliminary Injunction by Marilyn Vollmer, Paul Vollmer. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Text of Proposed Order)(Bowling, Anne)
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Filing 5
MOTION for Preliminary Injunction by Marilyn Vollmer, Paul Vollmer. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Text of Proposed Order)(Bowling, Anne)
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Filing 4
NOTICE of Appearance by Tybe Ann Brett on behalf of Marilyn Vollmer, Paul Vollmer (Brett, Tybe)
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Filing 3
NOTICE of Appearance by Joel R Hurt on behalf of Marilyn Vollmer, Paul Vollmer (Hurt, Joel)
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Filing 2
Summons Issued as to Plan Administrator Committee, Xerox Corporation, Xerox Corporation 1986 Enhanced Early Retirement Program, Xerox Dental Care Plan, Xerox Medical Care Plan For Retired Employees. (JD)
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Case Assigned to Hon. Charles J. Siragusa. Notification to Chambers of on-line civil case opening. (JD)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JD)
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Filing 1
COMPLAINT against All Defendants $ 400 receipt number 0209-4049168, filed by Paul Vollmer, Marilyn Vollmer. (Attachments: #1 Summons - Xerox Corporation, #2 Summons - Plan Administrator Committee, #3 Summons - Xerox Medical Care Plan for Retired Employees, #4 Summons - Xerox Dental Care Plan, #5 Summons - Xerox Corporation 1986 Enhanced Early Retirement Program, #6 Civil Cover Sheet)(Bowling, Anne)
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