Metyk v. KeyCorp
Thomas Metyk and Anthony S. Lobasso |
KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Kathleen Egan, Thomas C. Stevens, Jeffrey B. Weeden, Thomas W. Bunn, Thomas E. Helfrich and Robert L. Morris |
1:2010cv02112 |
September 21, 2010 |
US District Court for the Northern District of Ohio |
Cleveland Office |
Cuyahoga |
Donald C Nugent |
Labor: E.R.I.S.A. |
29 U.S.C. § 1109 Breach of Fiduciary Duties |
None |
Docket Report
This docket was last retrieved on November 20, 2014. A more recent docket listing may be available from PACER.
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Filing 78 Appeal Order from US Supreme Court: The petition for a writ of certiorari is denied re #76 (No. 14-240) (H,SP) |
Filing 77 Notice of Substitution of Counsel Damion Clifford in place of Scott Stitt on behalf of Anthony S. Lobasso, Thomas Metyk. (Arnold, James) Modified text 9/17/2014 (C,KA). |
Filing 76 Appeal Remark from US Supreme Court: The petition for writ of certiorari was filed on 8/27/14 and placed on the docket 8/29/14 as NO. 12-240. (C,KA) |
Filing 75 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #71 Notice of Appeal (USCA# 13-3588). Date issued as mandate 5/6/14, Costs: None (Related document #74 ) (H,SP) |
Filing 74 Information copy of opinion from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #71 Notice of Appeal (USCA# 13-3588). This is not a mandate order. Circuit Judges: Suhrheinrich, Siler and Kethledge. Date issued by USCA 3/26/14 (H,SP) |
Filing 73 Appeal Order from USCA for the Sixth Circuit: Denying the motion for assignment re #71 Notice of Appeal (USCA# 13-3588). Date issued by USCA 10/23/13 (H,SP) |
Filing 72 Acknowledgment from the USCA for Sixth Circuit of receipt of #71 Notice of Appeal (USCA# 13-3588). Date filed in USCA 5/13/13. (H,SP) |
Filing 71 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #62 Memorandum Opinion and Order and #63 Judgment of 1/29/13, #70 Memorandum Opinion and Order of 4/30/13, filed by Anthony S. Lobasso, Thomas Metyk. (Filing fee of $455 paid, receipt number 0647-5973659). (Attachments: #1 Exhibit A - Judgment, #2 Exhibit B - Memorandum Opinion and Order of Jan. 29, 2013, #3 Exhibit C - Memorandum Opinion and Order of April 30, 2013) (Klein, Michael). Modified text on 5/7/2013 (H,SP). |
Filing 70 Memorandum Opinion and Order denying plaintiffs' Motion for relief from judgment (Related Doc #64 ). Judge Donald C. Nugent(C,KA) |
Filing 69 Reply to response to #64 Motion for relief From Judgment Under Fed.R.Civ.P. 60(b) filed by Anthony S. Lobasso, Thomas Metyk. (Fearon, Stephen) |
Order [non-document]granting #68 Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply until 4/10/2013. Judge Donald C. Nugent on 3/26/13.(R,JM) |
Filing 68 Unopposed Motion for extension of time until 4/10/2013 to file response/reply to #64 Motion for relief From Judgment Under Fed.R.Civ.P. 60(b) filed by Anthony S. Lobasso, Thomas Metyk. Related document(s) #64 . (Stitt, Scott) |
Filing 67 Opposition to #64 Motion for relief From Judgment Under Fed.R.Civ.P. 60(b) filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. (Warren, Daniel) |
Order [non-document]granting #66 Defendants' Unopposed Motion For Extenstion of Time To Oppose Plaintiffs' Motion For Relief From Judgment until March 22, 2013. Judge Donald C. Nugent on 2/27/13.(R,JM) |
Filing 66 Unopposed Motion for extension of time to oppose Plaintiffs' motion for relief from judgment until March 22, 2013 filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. Related document(s) #64 . (Warren, Daniel) |
Filing 65 Brief In Support of Plaintiffs' Motion for Relief Pursuant to Fed.R.Civ.P.60(b)(1) filed by Anthony S. Lobasso, Thomas Metyk. Related document(s) #64 . (Fearon, Stephen) |
Filing 64 Motion for relief From Judgment Under Fed.R.Civ.P. 60(b) filed by Anthony S. Lobasso, Thomas Metyk. (Attachments: #1 Exhibit 1 - Plaintiffs' Contemplated Motion to Amend their Complaint, #2 Exhibit 1A- Plaintiffs' Proposed Consolidated Amended Complaint, #3 Exhibit Plaintiffs' Memorandum in Support of Motion for Leave to File Consolidated Amended Complaint)(Fearon, Stephen) |
Filing 63 Judgment. Pursuant to a Memorandum Opinion of this Court, Defendants' Motion toDismiss Plaintiffs' Consolidated Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (ECF#29 ) is granted. This action is terminated. Judge Donald C. Nugent (C,KA) |
Filing 62 Memorandum Opinion and Order. For the reasons set forth above, Defendants' Motion to Dismiss (ECF #29 ) as further clarified in their Supplemental Memorandum in Support of their Motion to Dismiss (ECF #51 ) is granted and Plaintiffs' Consolidated Complaint is dismissed. Judge Donald C. Nugent(C,KA) |
Order [non-document]granting Motion for appearance pro hac vice by attorney Caitlin Duffy for Thomas Metyk. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #61 ). Judge Donald C. Nugent on 10/29/12.(R,JM) |
Filing 61 Motion for attorney Caitlin Duffy to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5656863, filed by Plaintiff Thomas Metyk. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Kalish, D.) |
Order [non-document]granting Motion to withdraw as attorney, attorney Olga A. Posmyk removed from case. (Related Doc # 60) in case 1:10-cv-02112-DCN. Judge Donald C. Nugent on 10/11/12.Associated Cases: 1:10-cv-02112-DCN, 1:10-cv-02117-DCN(R,JM) |
Order [non-document]granting Motion to withdraw as attorney, attorney Joseph Goljan removed from case. (Related Doc # 59) in case 1:10-cv-02112-DCN. Judge Donald C. Nugent on 10/11/12.Associated Cases: 1:10-cv-02112-DCN, 1:10-cv-02117-DCN(R,JM) |
Filing 60 Motion by Olga A. Posmyk to withdraw as attorney filed by Anthony S. Lobasso, Thomas Metyk. (Attachments: #1 Certificate of Service)(Fearon, Stephen) |
Filing 59 Motion by Joseph Goljan to withdraw as attorney filed by Anthony S. Lobasso, Thomas Metyk. (Attachments: #1 Certificate of Service)(Fearon, Stephen) |
Filing 58 Joint Letter Regarding Supplemental Briefs filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Anthony S. Lobasso, Thomas Metyk, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. Related document(s) #57 . (Warren, Daniel) |
Filing 57 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 10/03/12. Oral arguments held on Defendants Motion to Dismiss. Motion fully briefed. Counsel to submit any supplemental briefs on or before 11/12/12. Court to rule. Judge Donald C. Nugent. Time: 35. Associated Cases: 1:10-cv-02112-DCN, 1:10-cv-02117-DCN(R,JM) |
Filing 56 Motion for oral argument filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. Related document(s) #51 . (Warren, Daniel) |
Filing 55 Reply to response to #29 Motion to dismiss under Rule 12(b)(6) or to certify certain questions for interlocutory review or to stay this action (supplemental reply) filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. (Warren, Daniel) |
Filing 54 Opposition to #29 Motion to dismiss under Rule 12(b)(6) or to certify certain questions for interlocutory review or to stay this action (Supplemental Opposition) filed by All Plaintiffs. (Klein, Michael) |
Order [non-document]granting Plaintiffs' Unopposed Motion For Leave to File Their Opposition in Excess of Page Limit. Related Doc #53 ). Judge Donald C. Nugent on 9/7/12.(R,JM) |
Filing 53 Unopposed Motion for leave to exceed page limitations filed by Anthony S. Lobasso, Thomas Metyk. (Klein, Michael) |
Filing 52 Notice of Supplemental Authority filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. Related document(s) #51 .(Warren, Daniel) |
Filing 51 Supplemental Brief in Support of Defendants' Motion to Dismiss filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. Related document(s) #29 . (Attachments: #1 Exhibit A - KeyCorp Stock Prices, #2 Exhibit B - Commercial Real Estate Disclosures, #3 Exhibit C - Leveraged Leasing Disclosures, #4 Exhibit D - December 20, 2007 Form 8-K Filing, #5 Exhibit E - May 27, 2008 Form 8-K Filing, #6 Exhibit F - June 12, 2008 Form 8-K Filing) (Warren, Daniel) |
Order [non-document]granting Unopposed Motion To Extend Briefing Schedule (Related Doc #50 ). Judge Donald C. Nugent on 7/20/12.(R,JM) |
Filing 50 Unopposed Motion to extend briefing schedule filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. (Slater, James) |
Filing 49 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 6/25/2012. Stay is lifted. Status Conference set for 10/3/2012 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: n/a.)Time: 20 minutes. (K,K) |
Filing 48 Notice of Status Conference set for 6/25/2012 at 09:00 AM in Courtroom 15A before Judge Donald C. Nugent. (C,KA) |
Filing 47 Joint Status Report filed by All Parties. (Slater, James) |
Filing 46 Joint Status Report filed by All Defendants. (Slater, James) |
Filing 45 Joint Status Report filed by All Defendants. (Slater, James) |
Filing 44 Joint Status Report filed by All Parties. (Klein, Michael) |
Filing 43 Joint Status Report filed by KeyCorp. (Slater, James) |
Order [non-document]granting Motion to lift stay (Related Doc #41 )for limited purpose of serving document preservation subpeonas. Judge Donald C. Nugent on 10/27/11.(R,JM) |
Filing 42 Brief In Support of Unopposed Motion to Lift Stay for the Limited Purpose of Serving Document Preservation Subpoenas filed by Anthony S. Lobasso, Thomas Metyk. Related document(s) #41 . (Fearon, Stephen) |
Filing 41 Motion to lift stay (unopposed) For The Limited Purpose Of Serving Document Preservation Subpoenas filed by Anthony S. Lobasso, Thomas Metyk. (Attachments: #1 Proposed Order [Proposed] Order Granting Plaintiffs' Unopposed Motion For Partial Lift of Stay to Permit Service Of Document Preservation Subpoenas)(Fearon, Stephen) |
Filing 40 Joint Status Report filed by All Parties. (Klein, Michael) |
Filing 39 Joint Status Report filed by All Parties. (Slater, James) |
Filing 38 Joint Status Report filed by All Parties. (Klein, Michael, s/Edwin J. Mills) Modified text 7/18/2011 (K,K). |
Filing 37 Joint Status Report filed by All Parties. (Warren, Daniel) |
Filing 36 Joint Status Report filed by All Parties. (Klein, Michael) |
Filing 35 Minutes of proceedings before Judge Donald C. Nugent Status Conference held on 2/28/11.Time: 30. Associated Cases: 1:10-cv-02112-DCN, 1:10-cv-02117-DCN(R,JM) |
Filing 34 Reply to response to #29 Motion to dismiss under Rule 12(b)(6) or to certify certain questions for interlocutory review or to stay this action filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. (Warren, Daniel) |
Filing 33 Marginal Entry Order granting motion by Michael J. Klein, Edwin J. Mills, Brett D. Stecker, Robert B. Weiser, Samuel K. Rosen and Robert Harwood for admission pro hac vice for this action (Related Doc #32 ). Judge Donald C. Nugent on 2/10/2011.(K,V) |
Filing 32 Motion for Motion to Appear filed by Anthony S. Lobasso, Thomas Metyk. (Stitt, Scott) |
Filing 31 Opposition to #29 Motion to dismiss under Rule 12(b)(6) or to certify certain questions for interlocutory review or to stay this action filed by All Plaintiffs. (Attachments: #1 Affidavit Declaration of Fearon, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Stitt, Scott) |
Filing 30 Protective Order. Judge Donald C. Nugent (C,KA) |
Filing 29 Motion to dismiss under Rule 12(b)(6) or to certify certain questions for interlocutory review or to stay this action filed by Thomas W. Bunn, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. Related document(s) #26 . (Attachments: #1 Brief in Support, #2 Exhibit A - Securities Filings, #3 Exhibit B - Stock Prices, #4 Exhibit C - Suntrust Order, #5 Exhibit D - First Horizon Order, #6 Exhibit E - Lobasso Appellate Brief)(Warren, Daniel) |
Filing 28 Notice of Filing Protective Order filed by Anthony S. Lobasso. (Attachments: #1 Exhibit Stipulated Protective Order)(Stitt, Scott) |
Filing 27 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 12/08/10. Deadlines given. Next Status Conference set for 2/28/2011 at 11:30 AM in Chambers 15A before Judge Donald C. Nugent. Time: 35 min. Associated Cases: 1:10-cv-02112-DCN, 1:10-cv-02117-DCN(R,JM) |
Filing 26 Complaint Consolidated Complaint for Breach of Fiduciary Duty and Violation of ERISA Disclosure Requirements against Anthony S. Lobasso.. Filed by Anthony S. Lobasso. (Stitt, Scott) |
Order [non-document]granting Unopposed Motion for leave to plead (Related Doc # 24) in case 1:10-cv-02112-DCN. Judge Donald C. Nugent on 11/30/10.Associated Cases: 1:10-cv-02112-DCN, 1:10-cv-02117-DCN(R,JM) |
Filing 25 Order consolidating cases and appointing interim co-lead counsel and interim liaison counsel (Related Doc #3 ). Judge Donald C. Nugent(C,KA) |
Filing 24 Unopposed Motion for leave to plead filed by Thomas W. Bunn, Kathleen Egan, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. Related document(s) #1 . (Slater, James) |
Filing 23 Proposed Order Consolidating Cases and Appointing Interim Co-Lead Counsel and Interim Liaison Counsel filed by All Plaintiffs. Related document(s) #3 . (Kalish, D.) |
Order [non-document]granting Motion for appearance pro hac vice by attorney Stephen J. Fearon, Jr. for Plaintiff (Related Doc #15 ). Judge Donald C. Nugent on 10/22/10.(R,JM) |
Order [non-document]granting Motion for appearance pro hac vice by attorney Joseph Goljan for Plaintiff (Related Doc #16 ). Judge Donald C. Nugent on 10/22/10.(R,JM) |
Order [non-document]granting Motion for appearance pro hac vice by attorney Olga A. Posmyk for Plaintiff. (Related Doc #17 ). Judge Donald C. Nugent on 10/22/10.(R,JM) |
Filing 22 Minutes of proceedings before Judge Donald C. Nugent of Case Management Conference held on 10/21/10. Case is assigned to the standard track. Discovery cut off date is 2/1/11 and motion cut off date to be determined. Next Status Conference is set for 12/8/2010 at 11:00 AM in Chambers 15A before Judge Donald C. Nugent. Time: 30 min. (R,JM) |
Order [non-document]granting Motion to excuse individual defendants appearance at the Case Management Conference. (Related Doc #21 ) Judge Donald C. Nugent (R,JM) |
Filing 21 Unopposed Motion to excuse attendance of individual defendants at case management conference filed by Thomas W. Bunn, Kathleen Egan, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. (Warren, Daniel) |
Filing 20 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Warren, Daniel) |
Filing 19 Case Management Conference Scheduling Order with case management conference to be held on 10/21/2010 at 10:00 AM at Courtroom 15A before Judge Donald C. Nugent. (C,KA) |
Filing 18 Unopposed Motion for an order deferring briefing on plaintiff's motion for class certification filed by Thomas W. Bunn, Kathleen Egan, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. (Slater, James) |
Filing 17 Motion for attorney Olga Anna Posmyk to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4344463, filed by Plaintiff Thomas Metyk. (Attachments: #1 Exhibit Court Admissions, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Kalish, D.) |
Filing 16 Motion for attorney Joseph Goljan to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4344450, filed by Plaintiff Thomas Metyk. (Attachments: #1 Exhibit Court Admissions, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Kalish, D.) |
Filing 15 Motion for attorney Stephen J. Fearon, Jr. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-4344422, filed by Plaintiff Thomas Metyk. (Attachments: #1 Exhibit Court Admission, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Kalish, D.) |
Filing 14 Waiver of Service Returned Executed by Thomas Metyk. Thomas W. Bunn waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 13 Waiver of Service Returned Executed by Thomas Metyk. Thomas E. Helfrich waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 12 Waiver of Service Returned Executed by Thomas Metyk. Thomas C. Stevens waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 11 Waiver of Service Returned Executed by Thomas Metyk. Robert L. Morris waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 10 Waiver of Service Returned Executed by Thomas Metyk. KeyCorp Trust Oversight Committee waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 9 Waiver of Service Returned Executed by Thomas Metyk. KeyCorp waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 8 Waiver of Service Returned Executed by Thomas Metyk. Kathleen Egan waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 7 Waiver of Service Returned Executed by Thomas Metyk. Jeffrey B. Weeden waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 6 Waiver of Service Returned Executed by Thomas Metyk. Henry L Meyer, III waiver sent on 9/21/2010, answer due 11/22/2010. filed on behalf of Thomas Metyk (Fearon, Stephen) |
Filing 5 Memorandum in Support of Motion for class certification filed by Plaintiff Thomas Metyk. Related document(s) #4 . (Attachments: #1 Affidavit Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Kalish, D.) Modified on 9/30/2010 (C,KA). |
Filing 4 Motion for class certification Of ERISA Action filed by Plaintiff Thomas Metyk. (Attachments: #1 Proposed Order)(Kalish, D.) |
Filing 3 Motion to reassign case to Judge Donald C. Nugent , Motion to consolidate cases filed by Thomas W. Bunn, Kathleen Egan, Thomas E. Helfrich, KeyCorp, KeyCorp Trust Oversight Committee, Henry L Meyer, III, Robert L. Morris, Thomas C. Stevens, Jeffrey B. Weeden. (Attachments: #1 Model Transfer Order, #2 Model Consolidation Order)(Warren, Daniel) |
Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (C,B) |
Filing 1 Complaint against All Defendants. Filing fee paid $ 350, Receipt number 0647-4304076 Plaintiff has indicated that case may be related to terminated civil action 1:08-cv-01927. Filed by Thomas Metyk. (Attachments: #1 Civil Cover Sheet) (Kalish, D.) |
Judge Lesley Wells assigned to case. Recused pursuant to General Order No. 2009-3. (C,B) |
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. Judge Lesley Wells terminated. (C,B) |
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