Ford Motor Company-UAW Retirement Plan v. Wheatley et al
| Ford Motor Company-UAW Retirement Plan |
| Andrienne D. Wheatley, Wideman and Bessie Horn |
| 1:2009cv00477 |
| March 3, 2009 |
| US District Court for the Northern District of Ohio |
| Other Statutory Actions Office |
| Cuyahoga |
| Donald C Nugent |
| Other Statutory Actions |
| 28 U.S.C. § 1335 |
| None |
Docket Report
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| Document Text |
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Filing 73
Order re #70 Counterclaim. Ms. Wheatley's attempt to refile a counterclaim in an action after final judgment has been rendered after a trial on the merits, must fail. As there is no longer any pending action, any counterclaim is out of time and must be barred. Accordingly, Ms. Wheatley's Notice of ReFiling of Counterclaim #71 shall be stricken from the record. This action remains terminated. Judge Donald C. Nugent(C,KA)
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| Filing 72 Notice of Suggestion of Death filed by Bessie Horn. (Alexander, James) |
| Filing 71 Notice of Refiling of Counterclaim filed by Andrienne D. Wheatley. Related document(s) #70 .(Walker, Daniel) Modified text on 3/25/2011 (B,B). |
| Filing 70 Counterclaim against Plaintiff. Filed by Andrienne D. Wheatley. Related document: #1 , #57 . (Walker, Daniel) Modified text on 3/25/2011 (B,B). |
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Filing 69
Order of Judgment on a Jury Verdict. The Plan shall commence payment of monthly survivor benefits to Ms. Wheatley within 60 days of the entry of this Order. The plan shall also release to Ms. Wheatley within 60 days of the entry of this order all funds held pursuant to the bond signed by the Court on 5/18/2009. Related Document #68 . Signed by Judge Donald C. Nugent on 1/3/2011. (B,R) Modified text on 1/3/2011 (B,B).
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| Filing 68 Proposed Order of Judgment on Jury Verdict filed by Ford Motor Company-UAW Retirement Plan. (Hoyt, Matthew) |
| Filing 67 Judgment Entry in favor of Ford Motor Company-UAW Retirement Plan against Bessie Horn. Ford to submit order re: Wheatley's entitlement benefits. All costs to be paid by Bessie Horn, including $1510.00 in jury costs. Judge Donald C. Nugent (C,KA) |
| Filing 66 Interrogatory No. 2 (redacted) (Attachments: #1 Original Int. No. 2) (R,JM) (Main Document 66 replaced on 9/20/2010) (K,K). |
| Filing 65 Interrogartory No. 1 (redacted) (Attachments: #1 Original Int. No. 1) (R,JM) (Main Document 65 replaced on 9/20/2010) (K,K). |
| Filing 64 Minutes of proceedings before Judge Donald C. Nugent of jury trial continued. All parties rest. Defendant Wheatley's Motion pursuant to F R Civ. P 50 is reserved by Court. Arguments of counsel made. Court instructs jury on the law and jury retires in deliberation. Jury returns answers to Int. #1 that Bessie Horn Not surviving spouse and Int. #2 that Andrienne Wheatley is surviving spouse. Court polls jury and accepts Int. answers. Ford to submit entry reflecting Andrienne Wheatley's entitlement to benefits under Ford plan. Jury discharged. Costs to Bessie Horn. Judge Donald C. Nugent (Court Reporter: George Staiduhar.)Time: 5 hrs. (R,JM) |
| Filing 62 Request for additional Special Jury Instructions filed by Bessie Horn. Related document(s) #61 . (Alexander, James) Modified text on 9/16/2010 (K,V). |
| Filing 63 Minutes of proceedings before Judge Donald C. Nugent of jury trial. Trial commenced. July duly empaneled and sworn consisting of twelve (12) members. Opening statements made. Ford presented following witnesses: Michele Block. Ford rests. Bessie Horn calls following witnesses: Bessie Horn, Margaret Kimbrough and Robert K. Jones. Ms. Horn rests. Ms. Wheatley calls following witness: Adrienne Wheatley. Court adjourned. Judge Donald C. Nugent (Court Reporter: Sue Trischan.)Time: 8 hrs. (R,JM) |
| Filing 61 Proposed Jury Instructions filed by Bessie Horn. (Alexander, James) |
| Filing 60 Minutes of proceedings before Judge Donald C. Nugent. Case was called for trial. Jury and all counsel present. Defendant Horn hospitalized so trial continued to September 15, 2010 by agreement. Jury discharged. Costs to be assessed. Judge Donald C. Nugent (Court Reporter: Shirle Perkins.)Time: 30 min. (R,JM) |
| Filing 59 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held and all parties participating. Jury Trial remains set for 8/30/2010 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent Time: 30. (R,JM) |
| Filing 58 Attorney Appearance filed by James Alexander, Jr on behalf of Bessie Horn. (Alexander, James) Modified text on 8/20/2010 (B,B). |
| Filing 57 Notice of Dismissal of Counterclaim Under FRCP 41 filed by Andrienne D. Wheatley. (Walker, Daniel) Modified text on 8/19/2010 (B,B). |
| Filing 56 Trial Order Jury Trial set for 8/30/2010 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 7/14/2010. (K,V) |
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Filing 55
Order adopting the Magistrates Report in its entirety. Defendant Wheatleys Motion for Summary Judgment is denied; Defendant Horns motion to dismiss and to appoint counsel is denied; and the claims raised by Defendant Horn against Plaintiff and Defendant Wheatley are dismissed. (ECF #39 , #47 , #52 ) Judge Donald C. Nugent on 7/14/2010. (K,V)
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| Copy of #54 Objection to Report and Recommendation mailed to Ms. Bessie Horn on 6/23/10. (R,N) |
| Filing 54 Objection to Report and Recommendation filed by Andrienne D. Wheatley. Related document(s) #52 . (Walker, Daniel) |
| Filing 53 Objection to Report and Recommendation #52 filed by Bessie Horn. (R,N) |
| Filing 52 Report and Recommendation that Defendant Wheatley's motion for summary judgment #39 and Defendant Bessie Horn's motion for dismissal and the appointment of counsel #47 be denied. Signed by Magistrate Judge Kenneth S. McHargh on 6/2/10. (R,N) |
| Copy of #52 Report and Recommendation, mailed to Ms. Bessie Horn on 6/2/10. (R,N) |
| Filing 51 Notice of Filing filed by Ford Motor Company-UAW Retirement Plan. (Attachments: #1 Exhibit 1-Part 1 of 4 BPA at Retirement, #2 Exhibit 1-Part 2 of 4 BPA at Retirement, #3 Exhibit 1-Part 3 of 4 BPA at Retirement, #4 Exhibit 1-Part 4 of 4 BPA at Retirement, #5 Exhibit 2-Part 1 of 2 SPD at Retirement, #6 Exhibit 2-Part 2 of 2 SPD at Retirement, #7 Exhibit 3-Part 1 of 8 BPA at Death, #8 Exhibit 3-Part 2 of 8 BPA at Death, #9 Exhibit 3-Part 3 of 8 BPA at Death, #10 Exhibit 3-Part 4 of 8 BPA at Death, #11 Exhibit 3-Part 5 of 8 BPA at Death, #12 Exhibit 3-Part 6 of 8 BPA at Death, #13 Exhibit 3-Part 7 of 8 BPA at Death, #14 Exhibit 3-Part 8 of 8 BPA at Death, #15 Exhibit 4-Part 1 of 3 SPD at Death, #16 Exhibit 4-Part 2 of 3 SPD at Death, #17 Exhibit 4-Part 3 of 3 SPD at Death)Related document(s) #49 .(Woltering, Catherine) Modified text on 3/9/2010 (B,B). |
| Filing 50 Opposition to #47 Motion to dismiss filed by Andrienne D. Wheatley. (Walker, Daniel) Modified text on 2/22/2010 (B,B). |
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Filing 49
Order. In order for the Court to have a complete record upon which to resolve the matters now before it, a copy of the plan is required. The Court hereby requests that Ford Motor Company-UAW Retirement Plan file a copy of the "plan" referenced in its Complaint within 7 days of the filing of this Order. Each party defendant shall have 10 days from the date the "plan" is filed, to file a supplement in support of or opposition to any pending motion necessitated by the filing of the "plan". Signed by Magistrate Judge Kenneth S. McHargh on 2/19/10. (R,N)
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| Copy of #49 mailed to Bessie Horn on 2/19/10. (R,N) |
| Filing 48 Opposition to #47 Motion for appointment of counsel filed by Andrienne D. Wheatley. (Walker, Daniel) Modified text on 2/22/2010 (B,B). |
| Copy of #47 mailed to Bessie Horn on 2/18/10. (R,N) |
| Filing 47 Motion for dismissal and Motion for appointment of counsel filed by Defendant Bessie Horn. (R,N) |
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Filing 46
Order to show cause. Defendant Horn called the Court requesting copies of #34 , #35 , #42 , and #45 that have already been supplied to the defendant on two previous occasions. The Court will no longer perform this service for defendant absent a demonstration of good cause shown. The Court also notes that responses to defendant Wheatley's motion for summary judgment were due on 1/14/10. To date, no oppositions have been filed. The Court shall begin its review of the motion for summary judgment without opposition unless an opposition, accompanied by a statement demonstrating good cause justifying the delayed filing, is received by no later than 2/16/10. Signed by Magistrate Judge Kenneth S. McHargh on 2/9/10. (R,N)
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| Copy of #34 , #35 , #42 , #45 and #46 mailed to Ms. Bessie Horn on 2/9/10. A copy of the docket was also mailed on 2/9/10. (R,N) |
| Copy of #42 #45 mailed to Bessie Horn on 1/13/10. Also sent Ms. Horn a copy of the docket. (R,N) |
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Filing 45
Order denying Defendant Horn's Motion to Release Interpleader Bond (Related Doc #34 ). Magistrate Judge Kenneth S. McHargh on 12/28/2009.(B,IE)
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Order [non-document] granting in part and denying in part the Motion for extension of time until 30 Days After the Court has Ruled Who the Surviving Spouse is to File a Dispositive Motion based upon the Defendant's Counterclaim filed by Defendant Wheatley (Doc #43 ). The deadlines for dispositive motions related to Defendant Wheatley's Counterclaim are suspended and will be re-set, if necessary, at a telephone conference to be held after the Court has ruled on all other dispositive motions. Entered on behalf of Magistrate Judge Kenneth S. McHargh on 12/28/2009.(B,IE)
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Order [non-document] approving #44 Defendant Wheatley's Notice to withdraw Motion to Compel (Related Doc. #24 ). Defendant Wheatley's Motion to compel discovery is hereby withdrawn. Entered on behalf of Magistrate Judge Kenneth S. McHargh on 12/28/2009. (B,IE)
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| Copy of Non-document Orders and #45 Order mailed to Bessie Horn on 12/28/2009. (B,IE) |
| Filing 44 Notice to Withdraw Defendant's Previously Filed Motion to Compel filed by Andrienne D. Wheatley. Related document(s) #24 .(Walker, Daniel) |
| Filing 43 Motion for extension of time until 30 Days After the Court has Ruled Who the Surviving Spouse is to File a Dispositive Motion based upon the Defendant's Counterclaim filed by Defendant Andrienne D. Wheatley. (Walker, Daniel) |
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Filing 42
Order denying Bessie Horn's Motion for order (Related Doc #35 ). Signed by Magistrate Judge Kenneth S. McHargh on 12/22/09.(R,N) Modified text on 12/23/2009 (B,B).
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| Copy of #42 Order on Motion for order mailed to Bessie Horn on 12/22/09. (R,N) |
| Remark: When the court docketed Ms. Horn's Notice of Correction, the wrong event was choosen, notice of deposit/collection (foreclosure). This document is simply a Notice of Correction #41 . (R,N) |
| Copy of #41 Notice mailed to Bessie Horn on 12/16/09. (R,N) |
| Filing 41 Notice (Motion) of correction filed by Bessie Horn. Related document(s) #35 .(R,N) |
| Filing 40 Supplement "Exhibit 1" Signed Affadavit to Motion for summary judgment filed by Andrienne D. Wheatley. Related document(s) #39 . (Walker, Daniel) Modified text on 12/16/2009 (B,B). |
| Filing 39 Motion for summary judgment filed by Defendant Andrienne D. Wheatley. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit)(Walker, Daniel) |
| Filing 38 Opposition to #35 Bessie Horn's Motion for Order filed by Andrienne D. Wheatley. (Attachments: #1 Exhibit, #2 Exhibit)(Walker, Daniel) Modified text on 12/15/2009 (B,B). |
| Filing 37 Objection to the Defendant Horn's Motion to Release Interpleader Bond filed by Andrienne D. Wheatley. Related document(s) #34 . (Walker, Daniel) |
| Filing 36 Opposition to #34 Motion to release interpleader bond filed by Ford Motor Company-UAW Retirement Plan. (Woltering, Catherine) Modified text on 12/11/2009 (B,B). |
| Filing 35 Motion for Order filed by Defendant Bessie Horn. (Attachments: #1 Exhibit 1 and 2)(R,N) |
| Filing 34 Motion to release interpleader bond filed by Defendant Bessie Horn. (R,N) |
| Copy of #34 and #35 mailed to Bessie Horn on 12/4/09. (R,N) |
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Filing 33
Order. The parties hereby agree to the terms outlined in this Stipulated Protective Order. (Related Doc #32 ). Signed by Magistrate Judge Kenneth S. McHargh on 11/17/2009. (B,IE)
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| Filing 32 Proposed Stipulated Protective Order filed by Ford Motor Company-UAW Retirement Plan, Bessie Horn. (Woltering, Catherine) Modified text on 11/19/2009 (B,B). |
| Copy of #33 Order mailed to Bessie Horn on 11/17/2009. (B,IE) |
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Filing 31
Minute Order of Status Conference held on 11/10/09 before Magistrate Judge Kenneth S. McHargh. Attorney Matthew W. Hoyt present on behalf of Plaintiff. Attorneys Emily E. Warren and Andrew L. Margolius present on behalf of Defendant Horn, and Defendant Horn present by telephone. Attorney Daniel G. Walker present on behalf of Defendant Wheatley. The motion by Attorneys Emily E Warren and Andrew L. Margolius to withdraw as attorney for Defendant Horn #30 is granted. The new case management dates are as follows: Discovery cut-off date is 12/4/09; Dispositive motion deadline is 1/4/10; and parties shall have 30 days to file oppositions to any dispositive motions. The parties are ordered to refer to the attached order for additional directives and information. Signed by Magistrate Judge Kenneth S. McHargh on 11/10/09. Time: 1 hour.(R,N)
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| Copy of #31 Minute Order of Status Conference mailed to Bessie Horn on 11/10/09. (R,N) |
| Filing 30 Motion by Emily E. Warren and Andrew L. Margolius to withdraw as attorney filed by Defendant Bessie Horn. (Warren, Emily) |
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Filing 29
Order. An in-person Status Conference is set for 11/10/2009 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. Counsel for all parties are expected to attend. Counsel shall come to the status conference prepared to discuss the Ford Motor Company-UAW Retirement Plan and its relation to the facts of this case. Signed by Magistrate Judge Kenneth S. McHargh on 10/28/09. (R,N)
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Order [non-document]. All case management deadlines are suspended until further notice from the Court. Entered on behalf of Magistrate Judge Kenneth S. McHargh on 10/28/09. (R,N)
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| Filing 28 Answer to Complaint and to Cross-Claim of Adrienne D. Wheatley filed by Bessie Horn. (Warren, Emily) Modified text and links on 10/27/2009 (Related doc #1 , #6 ) (B,B). |
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Filing 27
Order Adopting Magistrate's Report and Recommendation in its entirety. Defendant Andrienne Wheatley's Motion for Judgment on the Pleadings is denied as moot. Related documents #16 , #21 . Signed by Judge Donald C. Nugent on 10/19/2009. (B,R)
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Order [non-document] granting Defendant's #26 Motion for Extension of Time to Answer. Bessie Horn answer due 10/26/2006. No further extensions will be granted absent good cause shown. Entered on behalf of Magistrate Judge Kenneth S. McHargh on 10/9/09.(R,N)
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| Filing 26 Motion for extension of time until 10/26/2009 to answer filed by Defendant Bessie Horn. (Warren, Emily) |
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Filing 25
Order. The parties hereby agree to the terms outlined in this Stipulated Protective Order. Signed by Magistrate Judge Kenneth S. McHargh on 10/7/09. (Related doc #23 ) (R,N) Modified to create link on 10/8/2009 (B,B).
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| Filing 24 WITHDRAWN per non-document order dated 12/28/2009. Motion to compel discovery filed by Defendant Andrienne D. Wheatley. (Attachments: #1 Exhibit, #2 Exhibit)(Walker, Daniel) Modified to indicate document withdrawn on 12/28/2009 (B,IE). |
| Filing 23 Proposed Order Stipulated Protective Order filed by Ford Motor Company-UAW Retirement Plan. (Woltering, Catherine) |
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Filing 22
Order Appointing Emily E. Warren for Bessie Horn as pro bono counsel. Signed by Magistrate Judge Kenneth S. McHargh on 9/21/09. (R,N)
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| Filing 21 Report and Recommendation that defendant Wheatley's motion for judgment on the pleadings #16 be denied as moot. Objections to R&R due by 9/23/2009. Signed by Magistrate Judge Kenneth S. McHargh on 9/9/09. (R,N) |
| Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephone Status Conference was held on 9/1/09 before Magistrate Judge Kenneth S. McHargh. Participating were: Attorney Matthew W. Hoyt on behalf of Plaintiff, Attorney Daniel Walker on behalf of Defendant Wheatley, and Defendant Horn. The Court took Defendant Horn's request for appointment of counsel under advisement. Time: 25 minutes(R,N) |
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Order [non-document]. The Court will appoint counsel for defendant Horn. Defendant Horn shall have an extension of 20 days from the date of the appointment of counsel to file an answer. Entered on behalf of Magistrate Judge Kenneth S. McHargh on 9/9/09. (R,N)
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| A copy of the two non-document orders as well as document #21 sent to defendant Horn by regular U.S. Mail on 9/9/09 (R,N) |
| Filing 20 Answer and Defenses to Defendant-Counterclaimant Bessie Horn's Counterclaim filed by Ford Motor Company-UAW Retirement Plan. Related document(s) #6 . (Woltering, Catherine); by (s/Matthew W. Hoyt) Modified text on 8/27/2009 (B,B). |
| Filing 19 Notice of Telephone Status Conference set for 9/1/2009 at 2:00 PM before Magistrate Judge Kenneth S. McHargh. Plaintiff to initiate the call and then contact the Court at 216-357-7230 (R,N) |
| A copy of the Notice of Hearing was sent to defendant Bessie Horn, by regular U.S. Mail on 8/20/09. (R,N) |
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Filing 18
Order referring case to Magistrate Judge Kenneth S. McHargh for pretrial supervision. A report and recommendation on the dispositive motions currently pending shall be completed by 10/30/2009. Signed by Judge Donald C. Nugent on 8/12/2009. (B,B)
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| Filing 17 Letter filed by Bessie Horn. (Attachments: #1 Enclosures, #2 IFP Application, #3 Cover letter)(B,R) |
| Filing 16 Motion for judgment on the pleadings filed by Defendant Andrienne D. Wheatley. (Walker, Daniel) |
| Filing 15 Attorney Appearance filed by Catherine E. Woltering on behalf of Ford Motor Company-UAW Retirement Plan. (Woltering, Catherine) Modified text on 6/23/2009 (B,B). |
| Filing 14 Minutes of proceedings before Judge Donald C. Nugent.Case Management Conference held on 6/18/09. Case is assigned to the Expedited Track. Parties do not consent to the jurisdiction of Magistrate Judge. Status conference to be held on 9/28/2009 at 09:30 AM at Chambers 15A before Judge Donald C. Nugent. Discovery due by 10/1/2009. Dispositive Motions due by 11/1/2009, Opposition due 12/1/09, Reply due 12/15/09. Interpleader action. Defendant Horn claims she is the common law wife of decedent. Decedent designated his wife, defendant Wheatley as beneficiary. Ford now seeks ruling as to who is the proper beneficiary for retirement fund. Defendant Horn is ordered to file an answer by July 2, 2009.Time: 20. (Court Reporter: None) (B,R) |
| Filing 13 Motion to continue and to dismiss filed by Defendant Bessie Horn. (R,JM) |
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Filing 12
Orderthat defendant, Bessie Horn, who is pro se and disabled may file pleadings by way of fascimile and directs the Clerk's office to docket the same. Judge Donald C. Nugent (R,JM)
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Order [non-document]denying Bessie Horn's Motion to continue case management conference(Related Doc #13 Judge Donald C. Nugent(R,JM) Modified text on 6/18/2009 (B,B).
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| Filing 11 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge, filed by Ford Motor Company-UAW Retirement Plan. (Hoyt, Matthew) |
| Filing 10 Interpleader Bond filed by Ford Motor Company-UAW Retirement Plan. (C,KA) |
| Filing 9 Answer and Defenses to Defendant-Counterclaimant Adrienne D. Wheatley's Counterclaim Complaint filed by Ford Motor Company-UAW Retirement Plan. Related document(s) #6 . (Hoyt, Matthew) |
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Filing 8
Case Management Conference Scheduling Order with case management conference to be held on 6/18/2009 at 09:15 AM at Chambers 15A before Judge Donald C. Nugent.. Signed by Judge Donald C. Nugent on 5/11/09. (B,R) Modified text on 5/14/2009 (B,B).
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| Filing 7 Notice of Receipt of Waiver of Service of Summons from Defendant Bessie Horn filed by Ford Motor Company-UAW Retirement Plan. (Attachments: #1 Waiver of Service of Summons)(Hoyt, Matthew) |
| Filing 6 Answer to Complaint, Crossclaim against Bessie Horn, Counterclaim against Ford Motor Company-UAW Retirement Plan filed by Andrienne D. Wheatley. (Related doc #1 ) (Walker, Daniel) Modified to create link on 4/23/2009 (B, B). |
| Filing 5 Notice of Filing Bond filed by Ford Motor Company-UAW Retirement Plan. (Attachments: #1 Bond)(Hoyt, Matthew) |
| Filing 4 Marginal Entry Order granting Motion of Plaintiff Ford Motor Co. to Post a Bond in Connection with its Complaint in Interpleader. (Related Doc #2 )Judge Donald C. Nugent(R,JM) |
| Filing 3 Magistrate Consent form issued to counsel. (C,B) |
| Filing 2 Motion for Order to Post Bond filed by Plaintiff Ford Motor Company-UAW Retirement Plan. (Hoyt, Matthew) |
| Filing 1 Complaint in Interpleader against all defendants. Filing fee $ 350, receipt number 06470000000003447722, filed by Ford Motor Company-UAW Retirement Plan. (Attachments: #1 Civil Cover Sheet, #2 Notice of Lawsuit and Request to Waiver Service to Defendant Wheatley, #3 Waiver of Service to Defendant Wheatley, #4 Notice of Lawsuit and Request to Waiver Service to Defendant Horn, #5 Waiver of Service to Defendant Horn) (Hoyt, Matthew) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,B) |
| Judge Donald C. Nugent assigned to case. (C,B) |
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