Jammal et al v. American Family Insurance Company et al
| Dana LaRiche, Nathan Garrett, Walid Jammal, Cinda Durachinsky, John Vincent, Patricia McClain-Evans and Kathleen Tuersley |
| American Family Insurance Group Master Retirement Trust, Group Life Plan, Group Health Plan, American Family 401K Plan, 401K Plan Administrative Committee, The Committee of Employee and District Manager Retirement Plan, American Family Insurance Company, American Family Mutual Insurance Company, Group Dental Plan, American Family Termination Benefits Plan, American Family Life Insurance Company, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group and American Standard Insurance Company of Wisconsin |
| 1:2013cv00437 |
| February 28, 2013 |
| 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. § 1132 |
| Plaintiff |
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| Filing 364 Satisfaction of Judgment re #361 Memorandum Opinion and Order, entered In favor of American Family Insurance Company Against Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of American Family Mutual Insurance Company Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of American Family Life Insurance Company Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of American Standard Insurance Company of Wisconsin Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of American Family Termination Benefits Plan Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, In favor of The Committee of Employee and District Manager Retirement Plan Against Kathleen Tuersley, Patricia McClain-Evans, In favor of American Family Termination Benefits Plan Against John Vincent, In favor of Retirement Plan for Employees of American Family Insurance Group Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of American Family 401K Plan Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, In favor of American Family Insurance Company Against Cinda Durachinsky, In favor of American Family 401K Plan Against John Vincent, In favor of The Committee of Employee and District Manager Retirement Plan Against John Vincent, In favor of Group Life Plan Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of Group Health Plan Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of Group Dental Plan Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of Long Term Disability Plan Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of American Family Insurance Group Master Retirement Trust Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of 401K Plan Administrative Committee Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent, In favor of The Committee of Employee and District Manager Retirement Plan Against Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche with this Notice of Satisfaction of Judgment dated 6/8/2020 re judgment satisfied in full as of 5/13/2020 by All Defendants filed by All Defendants. Related document(s) #361 .(Mersol, Gregory) |
| Filing 363 Certificate of Judgment for Registration in Another District issued on 3/23/2020 as to Plaintiffs in the amount of $162,020.01. Related document(s) #352 , #361 . (Attachments: #1 Memorandum Opinion and Order, #2 Judgment Entry) (J,G) |
| Filing 362 Praecipe for issuance of Certificate of Judgment for Registration in Another District as of April 27, 2020 $ 11.00 certification fee paid, receipt number AOHNDC-9944159 filed by All Defendants. (Mersol, Gregory) |
| Filing 361 Memorandum Opinion and Order. For the reasons set forth, Plaintiffs' Motion for relief Under Federal Rule of Civil Procedure 60 (ECF #354 ) is DENIED, and Defendants' Motion to tax costs (ECF #355 ) is GRANTED. Plaintiffs are, therefore, ordered to pay the Defendants $162,020.01 in taxable costs. IT IS SO ORDERED. Judge Donald C. Nugent on 3/23/2020. (M,S) (Additional attachment(s) added on 3/23/2020: #1 Corrected Memorandum Opinion and Order) (M,S). |
| Filing 360 Reply in support of #355 Motion to tax costs filed by All Defendants. (Mersol, Gregory) |
| Filing 359 Transcript Request by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley for proceedings held on 4/3/17 - 4/18/17 before Judge Nugent, re #353 Notice of Appeal,. Court Reporter: Sarah Nageotte. Transcript is already on file. (Elgersma, Kara) |
| Filing 358 Reply in support of #354 Motion for relief Under Federal Rule of Civil Procedure 60 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 357 Opposition to #355 Motion to tax costs filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 356 Opposition to #354 Motion for relief Under Federal Rule of Civil Procedure 60 filed by All Defendants. (Mersol, Gregory) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #353 Notice of Appeal (USCA# 20-3226). Date filed in USCA 2/26/20. (H,SP) |
| Filing 355 Motion to tax costs filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #352 . (Attachments: #1 Brief in Support Defendants' Memorandum in Support of Their Motion to Tax Costs, #2 Exhibit 1 - Bill of Costs, #3 Exhibit 2 - Declaration of Gilbert P. Brosky in Support of Defendants' Motion for Costs, #4 Exhibit A - Deposition Transcript Costs, #5 Exhibit B - Copy Costs for Depositions, #6 Exhibit C - Service of Process Fees (Depositions), #7 Exhibit D - Plaintiffs' Discovery Requests, #8 Exhibit E - 12/6/2013 Email Chain, #9 Exhibit F - 6/9/2015 Email Chain, #10 Exhibit G - Clicks Copying and Related Production Costs, #11 Exhibit H - 12/10/2015 Email, #12 Exhibit I - 6/6/2016 Email Chain, #13 Exhibit J - EQD Electronic Document Copying and Conversion, #14 Exhibit K - Trial Transcript Costs, #15 Exhibit L - Copy Costs for Trial Documents, #16 Exhibit M - Service of Process Fees (Trial), #17 Exhibit N - Witness Fees (Trial), #18 Exhibit O - Filing Fees)(Mersol, Gregory) |
| Filing 354 Motion for relief Under Federal Rule of Civil Procedure 60 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) |
| Filing 353 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #352 Judgment Entry of 1/27/20, filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Filing fee $505, receipt number AOHNDC-9818816) (Crueger, Charles) |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 352 Judgment Entry. Pursuant to this Court's 1/27/2020 Order and Federal Rule of Civil Procedure 58: Judgement is hereby entered in favor of all Defendants in this Action on all claims asserted by Plaintiffs both individually and on behalf of the certified classes that they represent, at Plaintiffs' costs. This Court previously certified the following classes under Rules 23(6)(1), (6)(2) and (6)(3): (1)Termination Benefits Class: Each person who signed an American Family Agent Agreement and (1) was an active agent as of February 28, 2013, or (2) is a former agent whose Agent Agreement was terminated on or after February 8, 2007. (2) Termination Benefits Breach of Fiduciary Duty Class: Each person who signed an American Family Agent Agreement and (1) was an active agent as of February 28, 2013, or (2) is a former agent whose Agent Agreement was terminated on or after February 8, 2010. (3) Termination Benefits Class: Each person who signed an American Family Agent Agreement and (1) was an active agent as of February 28, 2013, or (2) was a former agent whose became a full-time American Family Agent and came off an agent financing program on or after February 28, 2007. Pursuant to Fed. R. Civ. P. 23(c)(3)(A), this Court finds that all three classes describe the class members that are bound by this Judgment as they were certified under Rules 23(6)(1) an (6)(2). Pursuant to Fed. R. Civ. P. 23(c)(3)(B), this Court finds that notice was also directed to class members in all three classes under Fed. R. Civ. P. 23(6)(3) and that the following individuals requested exclusion: Tiena Bialas, Michael Burton, James Coffey, Tiffany Cooper, Rondale Dunn, Matt McCoy, John Mckellar, Elizabeth Newkirk, Dennis Olson, Adrienne Zahnow and John E. Kovach. However, because these individuals are also members of the classes certified under Rules 23(6)(1) an (6)(2), they remain bound by this Judgment. IT IS SO ORDERED. Judge Donald C. Nugent on 1/27/2020. re #351 , #350 . (M,S) |
Filing 351
Order Granting Defendants' Motion for Judgment and Dismissing Plaintiffs' Claims With Prejudice. Judge Donald C. Nugent on 1/27/2020. re #338 . (M,S)
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| Filing 350 Memorandum Opinion and Order. Plaintiffs have offered no substantive objection to Defendants Motion for Judgment. Further, the Court finds that Defendants' request for judgment is well supported both factually and legally, as outlined in their original and supplement briefs, (ECF #338 , #349 ). Therefore, Defendants' Motion for Final Judgment is GRANTED, and the proposed Judgment Order and Entry found at ECF #349 -1 and ECF #349 -2 will be adopted as written. IT IS SO ORDERED. Judge Donald C. Nugent on 1/27/2020. (M,S) |
| Filing 349 Supplemental Brief in Support of Motion for Final Judgment per the Court's January 2, 2020 Order filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #338 . (Attachments: #1 Proposed Order, #2 Proposed Judgment Entry)(Mersol, Gregory) |
| Filing 348 Supplemental Response to #338 Motion for Judgment in Favor of Defendants on All Claims filed by All Plaintiffs. (Elgersma, Kara) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
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Filing 347
Order. This Court previously entered a stay in this case pending Plaintiffs' filing and disposition of a Petition for a Writ of Certiorari with the United States Supreme Court. (ECF #343 ). The United States Supreme Court recently issued its order denying Plaintiffs' petition for a writ of certiorari. (ECF #346 ). Therefore, there is no remaining justification for a stay, and the stay issued on April 30, 2019 is hereby lifted. Prior to the issuance of the stay, the Court had permitted Defendants to file an interlocutory appeal, pursuant to 28 U.S.C. 1292(a)(1), on the issue of Plaintiffs' employment status. The Sixth Circuit decided that appeal in favor of the Defendants, ruling that the Plaintiffs were independent contractors and not employees for purpose of ERISA. Based upon that ruling, the Defendants filed a Motion requesting Judgment in their favor on all claims. (ECF #338 ). That motion is currently pending. The parties shall have until January 16, 2020 to file any supplement, response, or proposed order that they may deem appropriate in connection with the Defendants' Motion for Judgment. IT IS SO ORDERED. Judge Donald C. Nugent on 1/2/2020. (M,S)
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| Filing 346 Appeal Order from US Supreme Court: The petition for a writ of certiorari is denied re #344 (NO. 19-248) (H,SP) |
| Filing 345 Notice of the United States Supreme Court's Denial of Plaintiffs' Petition for a Writ of Certiorari filed by All Defendants. (Attachments: #1 Exhibit A - Supreme Court Denial Of Plaintiffs' Cert Petition)(Brosky, Gilbert) |
| Filing 344 Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed on 8/22/19 and placed on the docket 8/26/19 as No. 19-248 (H,SP) |
| Filing 343 Memorandum Opinion and Order Granting Plaintiffs' Motion to Continue to Stay this case pending the filing and disposition of a Petition for Writ of Certiorari. #339 . Judge Donald C. Nugent on 4/30/19. (R,JM) |
| Filing 342 Reply in support of #339 Motion to continue to stay case pending the filing and disposition of a Petition for a Writ of Certiorari filed by All Plaintiffs. (Crueger, Charles) |
| Filing 341 Opposition to #339 Motion to continue to stay case pending the filing and disposition of a Petition for a Writ of Certiorari, and Reply in support of #338 Motion for Judgment In Favor Of Defendants On All Claims, filed by All Defendants. (Mersol, Gregory) |
| Filing 340 Response to #338 Motion for Judgment In Favor Of Defendants On All Claims filed by All Plaintiffs. (Elgersma, Kara) |
| Filing 339 Motion to continue to stay this case pending the filing and disposition of a Petition for a Writ of Certiorari filed by All Plaintiffs. (Related document(s) #338 ) (Crueger, Charles). Modified on 4/10/2019 to correct event (H,SP). |
| Filing 338 Motion Judgment In Favor Of Defendants On All Claims filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #337 . (Mersol, Gregory) |
| Filing 337 True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Court's judgment and Remand for further proceedings re #325 Notice of Appeal (USCA# 17-4125). Date issued as mandate 4/2/19, Costs: None (H,SP) |
| Filing 336 Appeal Order from USCA for the Sixth Circuit: Granting the motion by AARP and AARP Foundation for leave to file a brief as amici curiae re #325 Notice of Appeal (USCA# 17-4125). Circuit Judges: Boggs, Clay, and Rogers. Date issued by USCA 3/6/19 (H,SP) |
| Filing 335 Information Copy of opinion from USCA for the Sixth Circuit: Reversing the District Court's judgment and Remand for further proceedings consistent with the opinion re #325 Notice of Appeal (USCA# 17-4125). This is not a mandate order. Circuit Judges: Boggs, Clay, and Rogers. Date issued by USCA 1/29/19. (Attachments: #1 Judgment) (H,SP) |
| Filing 334 Exhibit(s) Plaintiffs' Trial Exhibits 522, 917 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Plaintiffs' Exhibit 522, #2 Plaintiffs' Exhibit 917) (Elgersma, Kara) |
| Filing 333 Exhibit(s) Trial Exhibits: Plaintiffs' Exhibits 759, 761-762, 774, 775, 884, 891, 895, 898, 913-917, 922, 924, 926, 928, 929, 932, 934, 938, 950-954, 961, 968, 970, 976, 977, 995, 997, 1034, 1065 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Plaintiffs' Exhibit 759, #2 Plaintiffs' Exhibit 761, #3 Plaintiffs' Exhibit 762, #4 Plaintiffs' Exhibit 774, #5 Plaintiffs' Exhibit 775, #6 Plaintiffs' Exhibit 884, #7 Plaintiffs' Exhibit 891, #8 Plaintiffs' Exhibit 895, #9 Plaintiffs' Exhibit 898, #10 Plaintiffs' Exhibit 913, #11 Plaintiffs' Exhibit 914, #12 Plaintiffs' Exhibit 915, #13 Plaintiffs' Exhibit 917, #14 Plaintiffs' Exhibit 922, #15 Plaintiffs' Exhibit 924, #16 Plaintiffs' Exhibit 926, #17 Plaintiffs' Exhibit 928, #18 Plaintiffs' Exhibit 929, #19 Plaintiffs' Exhibit 932, #20 Plaintiffs' Exhibit 934, #21 Plaintiffs' Exhibit 938, #22 Plaintiffs' Exhibit 950, #23 Plaintiffs' Exhibit 951, #24 Plaintiffs' Exhibit 952, #25 Plaintiffs' Exhibit 953, #26 Plaintiffs' Exhibit 954, #27 Plaintiffs' Exhibit 961, #28 Plaintiffs' Exhibit 968, #29 Plaintiffs' Exhibit 970, #30 Plaintiffs' Exhibit 976, #31 Plaintiffs' Exhibit 977, #32 Plaintiffs' Exhibit 995, #33 Plaintiffs' Exhibit 997, #34 Plaintiffs' Exhibit 1034, #35 Plaintiffs' Exhibit 1065) (Elgersma, Kara) |
| Filing 332 Exhibit(s) Trial Exhibits: Plaintiffs' Exhibits 531-533, 538, 539, 542-544, 546, 547, 555, 558, 579, 638, 641, 660, 668, 750, 754, 756 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Plaintiffs' Exhibits 531, #2 Plaintiffs' Exhibit 532, #3 Plaintiffs' Exhibit 533, #4 Plaintiffs' Exhibit 538, #5 Plaintiffs' Exhibit 539, #6 Plaintiffs' Exhibit 542, #7 Plaintiffs' Exhibit 543, #8 Plaintiffs' Exhibit 544, #9 Plaintiffs' Exhibit 546, #10 Plaintiffs' Exhibit 547, #11 Plaintiffs' Exhibit 555, #12 Plaintiffs' Exhibit 558, #13 Plaintiffs' Exhibit 579, #14 Plaintiffs' Exhibit 638, #15 Plaintiffs' Exhibit 641, #16 Plaintiffs' Exhibit 660, #17 Plaintiffs' Exhibit 668, #18 Plaintiffs' Exhibit 750, #19 Plaintiffs' Exhibit 754, #20 Plaintiffs' Exhibit 756) (Elgersma, Kara) |
| Filing 331 Exhibit(s) Trial Exhibits: Plaintiffs' Exhibits 527, 528, 530 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Plaintiffs' Exhibit 527, #2 Plaintiffs' Exhibit 528, #3 Plaintiffs' Exhibit 530) (Elgersma, Kara) |
| Filing 330 Exhibit(s) Trial Exhibits: Plaintiffs' Exhibits 519, 520, 521 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit 519, #2 Exhibit 520, #3 Exhibit 521) (Elgersma, Kara) |
| Filing 329 Exhibit(s) Trial Exhibits: Plaintiffs' Exhibits 365-367, 369, 373, 375, 377, 378, 382, 383, 385, 387-389, 391, 393, 394, 396, 408, 414, 415, 422, 424, 425, 426, 431, 434, 437, 438, 495, 515, 517, 518 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Plaintiffs' Exhibit 365, #2 Plaintiffs' Exhibit 366, #3 Plaintiffs' Exhibit 367, #4 Plaintiffs' Exhibit 369, #5 Plaintiffs' Exhibit 373, #6 Plaintiffs' Exhibit 375, #7 Plaintiffs' Exhibit 377, #8 Plaintiffs' Exhibit 378, #9 Plaintiffs' Exhibit 382, #10 Plaintiffs' Exhibit 383, #11 Plaintiffs' Exhibit 385, #12 Plaintiffs' Exhibit 387, #13 Plaintiffs' Exhibit 388, #14 Plaintiffs' Exhibit 389, #15 Plaintiffs' Exhibit 391, #16 Plaintiffs' Exhibit 393, #17 Plaintiffs' Exhibit 394, #18 Plaintiffs' Exhibit 396, #19 Plaintiffs' Exhibit 408, #20 Plaintiffs' Exhibit 414, #21 Plaintiffs' Exhibit 415, #22 Plaintiffs' Exhibit 422, #23 Plaintiffs' Exhibit 424, #24 Plaintiffs' Exhibit 425, #25 Plaintiffs' Exhibit 426, #26 Plaintiffs' Exhibit 431, #27 Plaintiffs' Exhibit 434, #28 Plaintiffs' Exhibit 437, #29 Plaintiffs' Exhibit 438, #30 Plaintiffs' Exhibit 495, #31 Plaintiffs' Exhibit 515, #32 Plaintiffs' Exhibit 517, #33 Plaintiffs' Exhibit 518) (Elgersma, Kara) |
| Filing 328 Exhibit(s) Trial Exhibits: Plaintiffs' Exhibit 323-326, 328-331, 333-334, 336-343, 345-351, 356-357, 359-364 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Plaintiffs' Exhibit 323, #2 Plaintiffs' Exhibit 324, #3 Plaintiffs' Exhibit 326, #4 Plaintiffs' Exhibit 328, #5 Plaintiffs' Exhibit 329, #6 Plaintiffs' Exhibit 330, #7 Plaintiffs' Exhibit 331, #8 Plaintiffs' Exhibit 333, #9 Plaintiffs' Exhibit 334, #10 Plaintiffs' Exhibit 336, #11 Plaintiffs' Exhibit 337, #12 Plaintiffs' Exhibit 338, #13 Plaintiffs' Exhibit 339, #14 Plaintiffs' Exhibit 340, #15 Plaintiffs' Exhibit 341, #16 Plaintiffs' Exhibit 342, #17 Plaintiffs' Exhibit 343, #18 Plaintiffs' Exhibit 345, #19 Plaintiffs' Exhibit 346, #20 Plaintiffs' Exhibit 347, #21 Plaintiffs' Exhibit 348, #22 Plaintiffs' Exhibit 349, #23 Plaintiffs' Exhibit 350, #24 Plaintiffs' Exhibit 351, #25 Plaintiffs' Exhibit 356, #26 Plaintiffs' Exhibit 357, #27 Plaintiffs' Exhibit 359, #28 Plaintiffs' Exhibit 360, #29 Plaintiffs' Exhibit 361, #30 Plaintiffs' Exhibit 362, #31 Plaintiffs' Exhibit 363, #32 Plaintiffs' Exhibit 364) (Elgersma, Kara) |
| Filing 327 Exhibit(s) Trial Exhibits: Plaintiffs' Exhibits 45-47, 56, 58, 118, 126, 129, 139, 140, 142, 151, 185, 186-190, 192-201, 203, 204, 210, 211, 213, 215, 217, 218, 242, 262, 268, 313 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Plaintiffs' Exhibit 45, #2 Plaintiffs' Exhibit 46, #3 Plaintiffs' Exhibit 47, #4 Plaintiffs' Exhibit 56, #5 Plaintiffs' Exhibit 58, #6 Plaintiffs' Exhibit 118, #7 Plaintiffs' Exhibit 126, #8 Plaintiffs' Exhibit 129, #9 Plaintiffs' Exhibit 139, #10 Plaintiffs' Exhibit 140, #11 Plaintiffs' Exhibit 142, #12 Plaintiffs' Exhibit 151, #13 Plaintiffs' Exhibit 185, #14 Plaintiffs' Exhibit 186, #15 Plaintiffs' Exhibit 187, #16 Plaintiffs' Exhibit 188, #17 Plaintiffs' Exhibit 189, #18 Plaintiffs' Exhibit 190, #19 Plaintiffs' Exhibit 192, #20 Plaintiffs' Exhibit 193, #21 Plaintiffs' Exhibit 194, #22 Plaintiffs' Exhibit 195, #23 Plaintiffs' Exhibit 196, #24 Plaintiffs' Exhibit 197, #25 Plaintiffs' Exhibit 198, #26 Plaintiffs' Exhibit 199, #27 Plaintiffs' Exhibit 200, #28 Plaintiffs' Exhibit 201, #29 Plaintiffs' Exhibit 203, #30 Plaintiffs' Exhibit 204, #31 Plaintiffs' Exhibit 210, #32 Plaintiffs' Exhibit 211, #33 Plaintiffs' Exhibit 213, #34 Plaintiffs' Exhibit 215, #35 Plaintiffs' Exhibit 217, #36 Plaintiffs' Exhibit 218, #37 Plaintiffs' Exhibit 242, #38 Plaintiffs' Exhibit 262, #39 Plaintiffs' Exhibit 268, #40 Plaintiffs' Exhibit 313) (Elgersma, Kara) |
| Filing 326 Exhibit(s) Trial Exhibits: Joint Exhibits 1, 5, 10, 19, Plaintiffs' Exhibits 11-16, 18, 19, 21, 22, 30, 33, 34, 41, 42, 44 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Joint Exhibit 1, #2 Joint Exhibit 5, #3 Joint Exhibit 10, #4 Joint Exhibit 19, #5 Plaintiffs' Exhibit 11, #6 Plaintiffs' Exhibit 12, #7 Plaintiffs' Exhibit 13, #8 Plaintiffs' Exhibit 14, #9 Plaintiffs' Exhibit 15, #10 Plaintiffs' Exhibit 16, #11 Plaintiffs' Exhibit 18, #12 Plaintiffs' Exhibit 19, #13 Plaintiffs' Exhibit 21, #14 Plaintiffs' Exhibit 22, #15 Plaintiffs' Exhibit 30, #16 Plaintiffs' Exhibit 33, #17 Plaintiffs' Exhibit 34, #18 Plaintiffs' Exhibit 41, #19 Plaintiffs' Exhibit 42, #20 Plaintiffs' Exhibit 44) (Elgersma, Kara) |
| USCA Appeal Fees of $505 received, receipt number 14660099678 re #325 Notice of Appeal(H,SP) |
| Filing 325 Appeal Order from the Sixth Circuit Court of Appeals: Granting the petition to appeal re #320 Memorandum Opinion. The motion to file an amicus brief in support of the petition is granted (USCA# 17-0307). Circuit Judges: Guy, Batchelder, and Cook. Date issued by USCA 10/26/17 (H,SP) |
| Filing 324 Appeal Order from USCA for the Sixth Circuit: Denying the petition to appeal the order denying the motion to decertify three classes certified by the District Court in March 2016 re #321 (USCA# 17-0308). Circuit Judges: Guy, Batchelder, and Cook. Date issued by USCA 10/26/17. (H,SP) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #325 Notice of Appeal (USCA# 17-4125). Date filed in USCA 10/26/17. (H,SP) |
| Filing 323 Notice of Clarification of Incorrect Docket Entry filed by All Defendants. Related document(s) #322 .(Brosky, Gilbert) |
| Filing 322 WITHDRAWN SEE DOCUMENT #323 . NOTICE OF INTERLOCUTORY APPEAL to the Sixth Circuit Court of Appeals from the #321 Memorandum Opinion and Order, #320 Memorandum Opinion, filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Filing fee $505 paid, receipt number 0647-8281499) (Brosky, Gilbert). Modified text on 8/14/2017 (H,SP). Modified on 8/21/2017 for withdraw of document (H,SP). |
| Filing 321 Memorandum Opinion and Order denying plaintiffs' Motion to decertify all previously certified clases (Related Docs #137 , #292 ). The Court does find, however, that an interlocutory appeal on this issue may materially advance the ultimate termination of the litigation. 28 U.S.C. 1292(b). Therefore, the Court authorizes the parties to take an interlocutory appeal of this Order, pursuant to 28 U.S.C. 1292(a)(1). Judge Donald C. Nugent 7/31/17(C,KA) |
| Filing 320 Memorandum Opinion finding that although the retention and exercise of control of the means and manner of the agents' service was not technically allowed under the terms of the Agency Agreement, American Family did expect its managers to exercise such control whenever necessary to achieve compliance with Company goals and standards. Therefore, the Court finds that the class Plaintiffs in this case were employees of American Family during the relevant class period. The Court finds, pursuant to 28 U.S.C. 1292(b), that an interlocutory appeal may materially advance the ultimate termination of the litigation because: (1) there was evidence supporting both sides in this case; (2) prior case law has been nearly unanimous in finding that insurance agents generally are to be classified as independent contractors; (3) the repercussions of this finding are so far-reaching; and, (4) the resolution of damages will be unusually complicated. Therefore, the Court authorizes the parties to take an interlocutory appeal of this Order, pursuant to 28 U.S.C. 1292(a)(1). This case shall be stayed pending the resolution of any such appeal. The parties shall notify the Court within ten days whether an appeal was, in fact, filed (related docs #21 , #316 , #317 ). Judge Donald C. Nugent 7/31/17(C,KA) |
| Filing 319 Address Change Notice by Rand L. McClellan filed by on behalf of All Defendants. (McClellan, Rand) |
| Filing 318 Reply in support of #292 Motion to Decertify all Previously Certified Classes filed by All Defendants. (Mersol, Gregory) |
| Filing 317 Proposed Findings of Fact and Conclusions of Law filed by All Defendants. (Mersol, Gregory) |
| Filing 316 Proposed Findings of Fact and Conclusions of Law filed by All Plaintiffs. (Crueger, Charles) |
| Filing 315 Opposition to #292 Motion to Decertify all Previously Certified Classes filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit A - Declaration)(Elgersma, Kara) |
| Filing 314 Transcript of Jury Trial Proceedings (Volume 12, Pages 2284-2293) held on 4/18/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [10 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 313 Transcript of Jury Trial Proceedings (Volume 11, Pages 2140-2283) held on 4/17/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [144 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 312 Transcript of Jury Trial Proceedings (Volume 10, Pages 1949-2139) held on 4/14/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [191 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 311 Transcript of Jury Trial Proceedings (Volume 9, Pages 1721-1948) held on 4/13/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [228 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 310 Transcript of Jury Trial Proceedings (Volume 8, Pages 1440-1720) held on 4/12/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [281 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 309 Transcript of Jury Trial Proceedings (Volume 7, Pages 1193-1439) held on 4/11/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [247 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 308 Transcript of Jury Trial Proceedings (Volume 6, Pages 944-1192) held on 4/10/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [249 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 307 Transcript of Jury Trial Proceedings (Volume 5, Pages 726-943) held on 4/7/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [218 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 306 Transcript of Jury Trial Proceedings (Volume 4, Pages 461-725) held on 4/5/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [265 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 305 Transcript of Jury Trial Proceedings (Volume 3, Pages 237-460) held on 4/4/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [224 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 304 Transcript of Jury Trial Proceedings (Volume 2, Pages 85-236) held on 4/3/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [152 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 303 Transcript of Voir Dire Proceedings held on 4/3/2017 (Trial Volume 1, Pages 1-84) before Senior Judge Donald C. Nugent. To obtain a copy of this transcript, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [84 pages] Related document(s) #296 . (N,SE) |
| Filing 302 Master Index of Transcripts of Jury Trial Proceedings held 4/3/2017 - 4/18/2017 before Senior Judge Donald C. Nugent. To obtain a copy of this index, please contact court reporter Sarah Nageotte at (216) 357-7186 or email sarah_nageotte@ohnd.uscourts.gov. [6 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/11/2017. Redaction Request due 5/25/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/2/2017. Related document(s) #296 . (N,SE) |
| Filing 296 Non-Appeal Transcript Order Form for proceedings held on 04/03/2017 - 04/18/2017 before Judge Nugent, Court Reporter: Sarah Nageotte. Requested completion date: 05/05/2017 filed by All Defendants. (Mooney, Stephen) |
| Filing 301 Jury Interrogatories. (Attachments: #1 Unredacted Interrogatory)(W,Jo) |
| Filing 300 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/18/17. Jury deliberations concluded. Exhibits returned to counsel. Court adjourned. (Court Reporter: Sarah Nageotte.) Length of proceedings: 360 min. (W,Jo) |
| Filing 295 Motion to clarify Jury Instruction filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Crueger, Charles) |
| Filing 299 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/17/17. Defense rests and Court gives preliminary instructions to jury. Arguments of counsel made. Court gives final instructions to the jury. Jury retires in deliberations. Court adjourned until April 18, 2017 at 8:00 a.m. (Court Reporter: Sarah Nageotte.) Length of proceedings: 480 min. (W,Jo) |
| Filing 294 Joint Proposed Stipulation Relating to Class Members filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit A - Chart of Opt-Outs, #2 Exhibit B - Letter Regarding Opt-Out)(Elgersma, Kara) |
| Filing 293 Opposition to #280 Motion for judgment on partial findings filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit A - Absolute Roofing & Construction v. Secretary of Labor) (Elgersma, Kara). Modified exhibit text on 4/18/2017 (H,SP). |
| Filing 292 Motion to Decertify all Previously Certified Classes filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #137 . (Attachments: #1 Brief in Support) (Brosky, Gilbert). Modified text on 4/18/2017 (H,SP). |
| Filing 291 Opposition to #282 Motion to strike trial testimony of Ian Altman filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 290 Notice Regarding Resting Of Defense filed by All Defendants. (Brosky, Gilbert) |
| Filing 298 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/14/17. Witnesses called, testimony taken. Court adjourned until April 17, 2017 at 8:00 a.m (Court Reporter: Sarah Nageotte.) Length of proceedings: 150 min. (W,Jo) |
| Filing 297 Minutes of proceedings before Judge Donald C. Nugent. Jury held and continued on 4/13/17. Witnesses called, testimony taken. Court adjourned until April 14, 2017 at 8:00 a.m (Court Reporter: Sarah Nageotte.) Length of proceedings: 480 min. (W,Jo) |
| Filing 282 Motion to strike trial testimony of Ian Altman filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Brosky, Gilbert) |
| Filing 281 Objection To Notice Of Withdrawal Of Named Plaintiff Cinda Durachinsky filed by All Defendants. Related document(s) #278 . (Brosky, Gilbert) |
| Filing 280 Motion for judgment on partial findings filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Brosky, Gilbert) |
| Filing 279 Opposition to #277 Motion to quash Subpoenas to Absent Class Members filed by All Defendants. (Attachments: #1 Exhibit Plaintiffs' notice of subpoenas, #2 Exhibit E-mail correspondence)(Brosky, Gilbert) |
| Filing 289 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/12/17. Witnesses called. Court adjourned until 4/13/2017 at 8:00 a.m. (Court Reporter: Sarah Nageotte.) Length of proceeding:480 min. (W,Jo) |
| Filing 278 Notice of Withdrawal of Cinda J. Durachinsky as Class Representative filed by Cinda Durachinsky. (Elgersma, Kara) |
| Filing 277 Motion to quash Subpoenas to Absent Class Members filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 288 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/11/17. Witnesses called. Court adjourned until 4/12/2017 at 8:00 a.m. (Court Reporter: Sarah Nageotte.) Length of proceedings: 480 min. (W,Jo) |
| Filing 287 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/10/17. Witnesses called. Juror excused. Court adjourned until April 11, 2017. (Court Reporter: Sarah Nageotte.) Length of proceedings: 480 minutes. (W,Jo) |
| Filing 286 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/7/17. Witnesses called. Adjourned until 4/10/17 at 8:00 a.m (Court Reporter: Sarah Nageotte.)Length of proceedings: 480 min. (W,Jo) |
| Filing 276 Motion in limine to Exclude Defendants' Exhibits 73-76 filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 285 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/5/17. Witnesses called. Court adjourned until April 7, 2017 at 8:00 a.m. (Court Reporter: Sarah Nageotte.) Length of proceedings: 480 min. (W,Jo) |
| Filing 275 Deposition of Jay Finkelman, PhD taken on March 15, 2017 filed by All Defendants. (Brosky, Gilbert) |
| Filing 284 Minutes of proceedings before Judge Donald C. Nugent. Trial held and continued on 4/4/18. Witnesses Called. (Court Reporter: Sarah Nageotte.) (W,Jo) |
| Filing 283 Minutes of proceedings before Judge Donald C. Nugent. Jury Trial held on 4/3/2017. Jury duly empaneled and sworn consisting of (12) members. Court adjourned until April 4, 2017 at 8:00 a.m.(Court Reporter: Sarah Nageotte. Length of proceedings: 480 min. (W,Jo) |
| Filing 274 Attorney Appearance by Kate D. Spinelli filed by on behalf of All Defendants. (Spinelli, Kate) |
| Filing 273 Non-Appeal Transcript Order Form for proceedings held on 4/3 through duration of trial before Judge Donald C. Nugent, Court Reporter: Sarah Nageotte. filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Wallace, Edward) |
| Filing 272 Deposition of Robert Warren Wood taken on March 21, 2017 filed by All Defendants. Related document(s) #208 . (Brosky, Gilbert) |
| Filing 271 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 3/30/17. Trial to commence 4/3/17 at 8:30 a.m. Time: 60 minutes. (C,KA) |
| Filing 270 Non-Appeal Transcript Order Form filed by American Family Insurance Company. Hearing date of 4/3/17 to end of trial. Court reporter: Sarah Nageotte. Requested completion Date: ongoing (Mooney, Stephen). Modified text on 3/31/2017 (H,SP). |
| Filing 269 Joint Statement of Facts (Disputed Issues of Fact) filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 268 Defendants' Notice of Subpoenas filed by All Defendants. (Gomes, Matthew) |
| Filing 267 Motion to strike Defendants' Untimely Deposition Counter-Designations filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 266 Reply in support of #234 Motion in limine to Exclude Reference to Shadow Jury filed by All Defendants. (Attachments: #1 Exhibit A - ABA's Trial Practice Committee Article, #2 Exhibit B - Relevant Portions of Seminar Materials, #3 Exhibit C - List of Recent Trials Using Shadow Juries)(Rigby, Nancy) |
| Filing 265 Supplemental Brief in Support of Their Motion to Strike the Expert Report of Robert W. Wood filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. Related document(s) #208 . (Attachments: #1 Exhibit A - Excerpts of Deposition Transcript for Robert Wood) (Elgersma, Kara) |
| Filing 264 Response to Defendants' Objections to Plaintiffs' Deposition Designations filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. Related document(s) #243 . (Elgersma, Kara) |
| Filing 263 Combined Response to Plaintiffs' Objections to Defendants' Deposition Designations and Defendants' Deposition Counter-Designations filed by All Defendants. Related document(s) #241 , #242 . (Rigby, Nancy) |
| IMPORTANT: Notice (non-document)of Status Conference set for 3/30/2017 at 1:00 PM in Chambers 15A before Judge Donald C. Nugent. (R,JM) |
| Filing 262 Opposition to #191 Motion to strike Expert Report of Ian Altman filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 261 Opposition to #239 Motion in limine to Bar Plaintiffs from Calling Demetrius Charles, Mark Nystrom and Dusty Rider at Trial and Supplement to Their Motion to Exclude Jay Finkelman and Ian Altman filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 260 Opposition to #208 Motion to strike The Expert Report of Robert W. Wood filed by All Defendants. (Attachments: #1 Exhibit 1 - Excerpts from Dickinson Deposition, #2 Exhibit 2 - Reply Brief from Previous Matter Involving Wood)(Rigby, Nancy) |
| Filing 259 Opposition to #207 Motion to strike Portions of The Expert Report of Van E. Hedges filed by All Defendants. (Attachments: #1 Exhibit 1 - Excerpts from Dickinson Deposition)(Rigby, Nancy) |
| Filing 258 Response to #204 Motion in limine No. 6 to Exclude Evidence that Agents May have to File Amended Tax Returns filed by All Defendants. (Rigby, Nancy) |
| Filing 257 Response to #193 Motion to strike Expert Report of Mark Dickinson filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit A - Excerpts of Deposition of Mark Dickinson)(Elgersma, Kara) |
| Filing 256 Opposition to #203 Motion in limine No. 5 to Exclude Evidence Related to IRS Rulings and Opinion Letters, #205 Motion in limine No. 7 To Exclude Evidence of Other Cases in Which American Family Agents Have been Deemed Independent Contractors filed by All Defendants. (Attachments: #1 Exhibit 1 - Excerpts from Dickinson Deposition, #2 Exhibit 2 - 1993 IRS Ruling, #3 Exhibit 3 - IRS Rulings)(Rigby, Nancy) |
| Filing 255 Opposition to #202 Motion in limine No. 4 to Exclude Evidence Relating to Tax Returns filed by All Defendants. (Rigby, Nancy) |
| Filing 254 Opposition to #195 Motion to strike The Testimony of Ralph Kaye filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit A - Excerpts of Deposition Transcript of Ralph Kaey)(Elgersma, Kara) |
| Filing 253 Opposition to #200 Motion in limine No 2. to Exclude Evidence of Plaintiff Walid Jammal's Previous Litigation Against American Family and Settlement filed by All Defendants. (Rigby, Nancy) |
| Filing 252 Opposition to #201 Motion in limine No. 3 To Exclude Evidence that Agents Want the Status Quo filed by All Defendants. (Rigby, Nancy) |
| Filing 251 Response to #196 Motion to strike Expert Report of Roger Venden filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit A - Excerpts of the Deposition Transcript of Roger Venden)(Elgersma, Kara) |
| Filing 250 Opposition to #198 Motion in limine No. 1 to Exclude Evidence or Testimony Based on Section 7a of the Agent Agreement filed by All Defendants. (Rigby, Nancy) |
| Filing 249 Response to #206 Omnibus Motion in limine filed by All Defendants. (Rigby, Nancy) |
| Filing 248 Response to #234 Motion in limine to Exclude Reference to Shadow Jury filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 247 Opposition to #194 Motion to strike Expert Report of Dr. Jay Finkelman filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 246 Response to #197 Motion in limine To Exclude Evidence Purporting To Modify The Terms Of The Agent Agreements filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 245 Joint Motion to Withdraw Certain Pre-Trial Motions Without Prejudice filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) Modified text on 3/28/2017 (H,SP). |
| Filing 244 Trial Brief filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Appendix A - Proposed Exhibit List)(Elgersma, Kara) |
| Filing 243 Objection to Plaintiffs' Designated Trial Deposition Testimony filed by All Defendants. (Attachments: #1 Exhibit A - Chart Identifying Objections to Deposition Designations, #2 Exhibit B - Deposition of Bryan McElroy with objections highlighted, #3 Exhibit C - Deposition of Scott Zurfluh (3/2016) with objections highlighted, #4 Exhibit D - Deposition of LaTunja Jackson with objections highlighted, #5 Exhibit E - Deposition of Timothy Johnston with objections highlighted, #6 Exhibit F - Deposition of Gerry Benusa with objections highlighted, #7 Exhibit G - Deposition of Robert Sturgill with objections highlighted, #8 Exhibit H - Deposition of Yasir Kamal with objections highlighted, #9 Exhibit I - Deposition of Kurt McCabe with objections highlighted, #10 Exhibit J - Deposition of Melissa Padgett with objections highlighted, #11 Exhibit K - Deposition of Richard Steffen with objections highlighted, #12 Exhibit L - Deposition of Ralph Kaye with objections highlighted, #13 Exhibit M - Deposition of Brian Stetler with objections highlighted, #14 Exhibit N - Deposition of Paul DiCuirci with objections highlighted, #15 Exhibit O - Deposition of David Wunsch with objections highlighted, #16 Exhibit P - Deposition of Scott Zurfluh (1/2016) with objections highlighted, #17 Exhibit Q - Deposition of Gerald Shope with objections highlighted, #18 Exhibit R - Deposition of Deborah Miller with objections highlighted, #19 Exhibit S - Deposition of John Behn with objections highlighted) (Rigby, Nancy) |
| Filing 242 Objection to Defendants' Deposition Counter Designations filed by All Plaintiffs. (Crueger, Charles) |
| Filing 241 Objection to Defendants' Deposition Designations filed by All Plaintiffs. (Crueger, Charles) |
| Filing 240 Trial Brief filed by All Defendants. (Attachments: #1 Exhibit A - Defendants' Proposed Trial Witnesses, #2 Exhibit B - Defendants' Proposed Trial Exhibits, #3 Exhibit C - Defendants' Proposed Voir Dire Questions, #4 Exhibit D - Defendants' Proposed Jury Instructions)(Rigby, Nancy) |
| Filing 239 Motion in limine to Bar Plaintiffs from Calling Demetrius Charles, Mark Nystrom and Dusty Rider at Trial and Supplement to Their Motion to Exclude Jay Finkelman and Ian Altman filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #191 , #194 . (Attachments: #1 Exhibit A - Plaintiffs' Deposition Designations, #2 Exhibit B - Email Chain Between Parties, #3 Exhibit C - Email Chain Between Parties, #4 Exhibit D - January 1, 2017 Email from Plaintiffs' Counsel, #5 Exhibit E - January 2, 2017 Email from Defendants' Counsel)(Rigby, Nancy) |
| Filing 238 Response to #227 plaintiffs' Motion for pre-trial conference/pre-trial ruling filed by All Defendants. (Attachments: #1 Exhibit A - Defendants' Proposed Preliminary Jury Instructions)(Rigby, Nancy) Modified text 3/27/2017 (C,KA). |
| Filing 237 Reply in support of #235 Motion in limine to Bar Defendants from Calling Gerry Benusa to Provide Additional Testimony as a Witness at Trial filed by All Plaintiffs. (Crueger, Charles) |
| Filing 236 Opposition to #235 Motion in limine to Bar Defendants from Calling Gerry Benusa to Provide Additional Testimony as a Witness at Trial filed by All Defendants. (Attachments: #1 Exhibit A - Email Communication Between Counsel, #2 Exhibit B - Affidavit of Earl W. Gunn)(Rigby, Nancy) |
| Filing 235 Motion in limine to Bar Defendants from Calling Gerry Benusa to Provide Additional Testimony as a Witness at Trial filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 234 Motion in limine to Exclude Reference to Shadow Jury filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support)(Brosky, Gilbert) |
| Filing 233 Attorney Appearance of Matthew T. Gomes by Matthew T. Gomes filed by on behalf of American Family Insurance Company. (Gomes, Matthew) |
| Filing 232 Attorney Appearance of Nancy F. Rigby by Matthew T. Gomes filed by on behalf of American Family Insurance Company. (Gomes, Matthew) |
| Filing 231 Attorney Appearance of Stephen W. Mooney by Matthew T. Gomes filed by on behalf of American Family Insurance Company. (Gomes, Matthew) |
| Filing 230 Attorney Appearance for Earl W. Gunn by Matthew T. Gomes filed by on behalf of American Family Insurance Company. (Gomes, Matthew) |
| Filing 229 Response in Opposition to #228 plaintiffs' Motion to Expedite Briefing on Motion for pre-trial conference/pre-trial ruling filed by All Defendants. (Brosky, Gilbert) Modified text 3/14/2017 (C,KA). |
| Filing 228 Motion to Expedite Briefing on Motion for pre-trial conference/pre-trial ruling filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. Related document(s) #227 . (Crueger, Charles) Modified text to match document caption on 3/13/2017 (G,CA). |
| Filing 227 Motion for pre-trial conference/pre-trial ruling filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Exhibit A - Preliminary Jury Instructions)(Crueger, Charles) Modified text to match document caption on 3/13/2017 (G,CA). |
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Order [non-document]denying Motion to continue jury trial. (Related Doc #223 ). Judge Donald C. Nugent on 3/8/17.(R,JM)
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| Filing 226 Sur-Reply to #223 Motion for two week continuance of the April 3, 2017 Trial Setting filed by All Plaintiffs. (Crueger, Charles) |
| Filing 225 Reply in support of #223 Motion for two week continuance of the April 3, 2017 Trial Setting filed by All Defendants. (Attachments: #1 Exhibit 1 - emails re Finkelman deposition, #2 Exhibit 2 - emails re Woods deposition)(Mersol, Gregory) |
| Filing 224 Opposition to #223 Motion for two week continuance of the April 3, 2017 Trial Setting filed by All Plaintiffs. (Crueger, Charles) |
| Filing 223 Motion for a two-week continuance of the April 3, 2017 Trial Setting filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Mersol, Gregory) Modified text on 3/3/2017 (H,SP). |
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Filing 222
Order granting defendants' Motion to bifurcate trial (Related Doc #178 ). Jury trial remains set for 4/3/17 at 8:30 a.m. Judge Donald C. Nugent 2/24/17(C,KA)
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Filing 221
Order denying defendants' Motion for reconsideration of the Court's Certification Order in light of 2017 Sixth Circuit Intervening Authority. Related Doc #220 . Judge Donald C. Nugent 2/24/17 (C,KA)
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| Filing 220 Motion for reconsideration of the Court's Certification Order in Light of 2017 Sixth Circuit Intervening Authority filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #137 . (Attachments: #1 Exhibit Patterson v. Chrysler Group, LLC)(Mersol, Gregory) |
| Filing 219 Reply in support of #177 Motion for partial summary judgment on the "Top-Hat" Exemption from ERISA's Minimum Protections filed by All Plaintiffs. (Attachments: #1 Exhibit A - Actuarial Valuation Report)(Crueger, Charles) |
| Filing 218 Reply in support of #176 Motion for partial summary judgment filed by All Defendants. (Mersol, Gregory) |
| Filing 217 Reply in support of #178 Motion to bifurcate Trial on Liability and Remedial Phase (if any) filed by All Defendants. (Attachments: #1 Exhibit A - counsel's e-mail correspondence) (Mersol, Gregory) |
| Filing 216 Reply in support of #179 Motion to strike The Expert Reports of John L. Utz and Leslie A. Klein filed by All Plaintiffs. (Crueger, Charles) |
| Filing 215 Opposition to #177 Motion for partial summary judgment on the "Top-Hat" Exemption from ERISA's Minimum Protections filed by All Defendants. (Mersol, Gregory) |
| Filing 214 Marginal Entry Order granting Motion for appearance pro hac vice by attorney Tania E. Yusaf for All Plaintiffs. 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 #211 ). Judge Donald C. Nugent on 1/13/2017.(M, S) |
| Filing 213 Proposed Order Setting Pre-Trial Schedule [Stipulated] filed by All Defendants. (Brosky, Gilbert) |
| Filing 212 Memorandum Opinion and Order denying defendants' Motion to decertify all previously certified classes (Related Doc #174 ). Defendants' motion to continue trial until after 2/21/17 opt out date and to order plaintiffs to reissue class notice is granted in part and denied in part (Related Doc #181 ). Trial is reset for 4/3/2017 at 08:30 AM. No re-issuance of class notice is warranted. Judge Donald C. Nugent 1/12/17(C,KA) |
| Filing 211 Motion for attorney Tania E. Yusaf to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7977938, filed by Plaintiff Walid Jammal. (Attachments: #1 Affidavit)(Legando, Drew) |
| Filing 210 Joint Proposed Stipulation filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - 1993 Agent Agreement, #2 Exhibit 2 - 1996 Corporate Agent Agreement, #3 Exhibit 3 - 1996 Amendment, #4 Exhibit 4 - 2006 Entity Agent Agreement, #5 Exhibit 5 - 2009 Amendment, #6 Exhibit 6 - 2014 Agreement, #7 Exhibit 7 - Contract Termination Payment Schedule, #8 Exhibit 8 - 1963 Agreement, #9 Exhibit 9 - 1970 Agreement, #10 Exhibit 10 - 1983 Agreement, #11 Exhibit 11 - 2009 American Family agent and agent staff code of conduct and business ethics, #12 Exhibit 12 - Agency Staff Appointment Standards, #13 Exhibit 13 - 1993 Agreement to License Agent's Office Employee, #14 Exhibit 14 - Termination Benefits, #15 Exhibit 15 - Termination Benefits, #16 Exhibit 16 - Termination Benefits, #17 Exhibit 17 - 2011 American Family 401(k) Plan, #18 Exhibit 18 - 2011 Retirement Plan, #19 Exhibit 19 - 1997 American Family Incentive and Thrift Plan and Amendments, #20 Exhibit 20 - 1993 Amendment to the Trust Agreement, #21 Exhibit 21 - 1990 American Family Insurance Group Master Retirement Trust Agreement, #22 Exhibit 22 - 2010 American Family Insurance 401(k) Plan Master Trust Agreement, #23 Exhibit 23 - Master Trust Agreement, #24 Exhibit 24 - Group Health and Welfare Plan, #25 Exhibit 25 - AmeriHealth Plan, #26 Exhibit 26 - AmeriPreferred Plan, #27 Exhibit 27 - 2002 HMO, #28 Exhibit 28 - 2009 HMO, #29 Exhibit 29 - 2012 HMO, #30 Exhibit 30 - 2013 HMO, #31 Exhibit 31 - 2012 EPO, #32 Exhibit 32 - 2012 HDHP, #33 Exhibit 33 - 2013 EPO, #34 Exhibit 34 - 2013 HDHP, #35 Exhibit 35 - 2007 long term disability, #36 Exhibit 36 - 2011 long term disability policy, #37 Exhibit 37 - life insurance policy, #38 Exhibit 38 - life insurance policy, #39 Exhibit 39 - Delta Standard Plan, #40 Exhibit 40 - Delta Extra Plan, #41 Exhibit 41 - Delta Standard Plan, #42 Exhibit 42 - Delta Extra Plan, #43 Exhibit 43 - Delta Standard Plan, #44 Exhibit 44 - Delta Extra Plan, #45 Exhibit 45 - Trust Agreement)(Crueger, Charles) |
| Filing 209 Proposed Findings of Fact and Conclusions of Law filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 208 Motion to strike The Expert Report of Robert W. Wood filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Exhibit A - Expert Report of R. Wood, #2 Exhibit B - Expert Report of R. Wood)(Elgersma, Kara) |
| Filing 207 Motion to strike Portions of The Expert Report of Van E. Hedges filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Exhibit A - Report of Van E. Hedges)(Elgersma, Kara) |
| Filing 206 Omnibus Motion in limine filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) |
| Filing 205 Motion in limine No. 7 To Exclude Evidence of Other Cases in Which American Family Agents Have been Deemed Independent Contractors filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) |
| Filing 204 Motion in limine No. 6 to Exclude Evidence that Agents May have to File Amended Tax Returns filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) |
| Filing 203 Motion in limine No. 5 to Exclude Evidence Related to IRS Rulings and Opinion Letters filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) |
| Filing 202 Motion in limine No. 4 to Exclude Evidence Relating to Tax Returns filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) |
| Filing 201 Motion in limine No. 3 To Exclude Evidence that Agents Want the Status Quo filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) |
| Filing 200 Motion in limine No 2. to Exclude Evidence of Plaintiff Walid Jammal's Previous Litigation Against American Family and Settlement filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Elgersma, Kara) |
| Filing 199 Proposed Findings of Fact filed by All Defendants. (Mersol, Gregory) |
| Filing 198 Motion in limine No. 1 to Exclude Evidence or Testimony Based on Section 7a of the Agent Agreement filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Exhibit A - Kay Deposition Excerpts)(Elgersma, Kara) |
| Filing 197 Motion in limine To Exclude Evidence Purporting To Modify The Terms Of The Agent Agreements filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Mersol, Gregory) |
| Filing 196 Motion to strike Expert Report of Roger Venden filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit Venden Report, #3 Exhibit Hedges Report, #4 Exhibit Venden Deposition Transcript (cited pages), #5 Exhibit Venden Deposition Transcript, #6 Exhibit Venden Rebuttal Report)(Mersol, Gregory) |
| Filing 195 Motion to strike The Testimony of Ralph Kaye filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit Kaye Deposition Transcript)(Mersol, Gregory) |
| Filing 194 Motion to strike Expert Report of Dr. Jay Finkelman filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit Finkelman Report)(Mersol, Gregory) |
| Filing 193 Motion to strike Expert Report of Mark Dickinson filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit Dickinson Report)(Mersol, Gregory) |
| Filing 192 Motion to strike Expert Reports of Charles DeWeese and Thomas Gober filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit DeWeese Report, #3 Exhibit Gober Report, #4 Exhibit Group Health and Welfare Plan)(Mersol, Gregory) |
| Filing 191 Motion to strike Expert Report of Ian Altman filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit Altman Report, #3 Exhibit Rebuttal Report)(Mersol, Gregory) |
| Filing 190 Opposition to #176 Motion for partial summary judgment filed by All Plaintiffs. (Attachments: #1 Exhibit A - Jackson Dep Exhibit 15, #2 Exhibit B - Memorandum, #3 Exhibit C - Kay Deposition Excerpts, #4 Exhibit D - Wunsch Deposition Excerpts)(Elgersma, Kara) |
| Filing 189 Opposition to #179 Motion to strike The Expert Reports of John L. Utz and Leslie A. Klein filed by All Defendants. (Mersol, Gregory) |
| Filing 188 Reply in support of #181 Motion to continue Trial Until After the February 21, 2017 Opt-Out Date, and Motion to Order Plaintiffs to reissue class notice that clarifies the correct opt-out date filed by All Defendants. (Eckelberry, Rodger) Modified text on 1/4/2017 (H,SP). |
| Filing 187 Marginal Entry Order granting Defendants' Motion to Expedite Briefing on Their Motion To Continue the Trial Until after the February 21, 2017 Opt-Out Date and to Order Plaintiffs to Reissue Class Notice That Clarifies the Correct Opt-Out Date. (Related Doc #182 ). Judge Donald C. Nugent on 1/3/17.(R,JM) |
| Filing 186 Opposition to #178 Motion to bifurcate Trial on Liability and Remedial Phase (if any) filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Elgersma, Kara) |
| Filing 185 Reply in support of #174 Motion for order to Decertify all previously certified classes filed by All Defendants. (Mersol, Gregory) |
| Filing 184 Opposition to #181 Motion to continue Trial Until After the February 21, 2017 Opt-Out Date filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit A - Corrected Short-Form Notice) (Elgersma, Kara). Modified text on 1/4/2017 (H,SP). |
| Filing 183 Objection to Trial By Jury filed by All Defendants. Related document(s) #133 . (Mersol, Gregory) |
| Filing 182 Motion to Expedited Briefing as to Defendants' Pending Motion to Continue Trial and for order to reissue class notice filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Related document(s) #181 ) (Mersol, Gregory). Modified text on 12/30/2016 (H,SP). |
| Filing 181 Motion to continue Trial Until After the February 21, 2017 Opt-Out Date, and Motion to Order Plaintiffs to reissue class notice that clarifies the correct opt-out date filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit A - Class Notice)(Mersol, Gregory). Added Motion for order on 12/30/2016 (H,SP). Modified text on 12/30/2016 (H,SP). |
| Filing 180 Opposition to #174 Motion for order to Decertify all previously certified classes filed by All Plaintiffs. (Attachments: #1 Exhibit Miller Deposition Excerpts, #2 Exhibit Email re. TAC Training, #3 Exhibit TAC Leader's Guide, #4 Exhibit Jackson Deposition Excerpts, #5 Exhibit Email with Powerpoint, #6 Exhibit Dickinson Expert Report, #7 Exhibit Minutes Role of DM Meeting, #8 Exhibit Zurfluh Deposition Excerpts, #9 Exhibit Kaye Deposition Excerpts, #10 Exhibit Memo, #11 Exhibit Altman Declaration)(Crueger, Charles) |
| Filing 179 Motion to strike The Expert Reports of John L. Utz and Leslie A. Klein filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Related document(s) #175 ) (Elgersma, Kara). Modified on 12/22/2016 to add link (H,SP). |
| Filing 178 Motion to bifurcate Trial on Liability and Remedial Phase (if any) filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit A - Expert Report of Charles DeWeese) (Mersol, Gregory). Modified exhibit text on 12/20/2016 (H,SP). |
| Filing 177 Motion for partial summary judgment on the "Top-Hat" Exemption from ERISA's Minimum Protections filed by Plaintiff Walid Jammal. (Attachments: #1 Exhibit 1, Benusa Deposition Excerpts, #2 Exhibit 2, St. Vincent Deposition Excerpts, #3 Affidavit Declaration of Charles Crueger, #4 Exhibit 3, Kelly Email, #5 Affidavit Declaration of Ian Altman, #6 Exhibit A to the Altman Declaration, Rebuttal Report, #7 Exhibit 4 Kaye Deposition Excerpts, #8 Exhibit 5, Zurfluh Deposition Excerpts)(Legando, Drew) |
| Filing 176 Motion for partial summary judgment filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support, #2 Exhibit 1 - Declaration of James Parrott, plus exhibit) (Mersol, Gregory). Modified exhibit text on 12/8/2016 (H,SP). |
| Filing 175 Appendix of Evidence Cited in Support of Their Motion to Decertify filed by All Defendants. Related document(s) #174 . (Attachments: #1 Exhibit A - Declaration and expert report of John Moore, #2 Exhibit B - Declaration and expert report of Leslie Klein, #3 Exhibit C - Plaintiffs' expert report of Ian Altman, #4 Exhibit D - Declaration and expert report of John Utz, #5 Exhibit E - Plaintiffs' expert report of Roger Venden)(Mersol, Gregory) |
| Filing 174 Motion to Decertify All Previously Certified Classes filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Related document(s) #137 ). (Attachments: #1 Brief in Support) (Mersol, Gregory). Modified on 12/8/2016 to correct motion event (H,SP). |
| Filing 173 Proposed Order (Stipulated) Setting Pre-Trial Schedule filed by All Plaintiffs. (Elgersma, Kara) Modified text on 11/23/2016 (H,SP). |
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Filing 172
Order granting #169 plaintiffs' motion for approval of plaintiffs' plan for class notice. American Family's objections #170 are overruled except as outlined in this order. Judge Donald C. Nugent 10/21/16(C,KA)
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| Filing 171 Reply in support of #169 Motion Approval of Plaintiffs' Plan for Class Notice filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Attachments: #1 Exhibit Second Declaration of Carla A. Peak)(Elgersma, Kara) |
| Filing 170 Opposition and Objections to #169 Motion for Approval of Plaintiffs' Plan for Class Notice filed by All Defendants. (Mersol, Gregory) Modified text on 10/4/2016 (H,SP). |
| Filing 169 Motion Approval of Plaintiffs' Plan for Class Notice filed by Cinda Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Declaration of Edward A. Wallace, #2 Exhibit A to Declaration - Draft Short Form Notice, #3 Exhibit B to Delaration - Draft Long Form Notice, #4 Exhibit C - Declaration of Carla A. Peak, #5 Proposed Order)(Elgersma, Kara) |
| Filing 168 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 8/16/16. Jury Trial remains set for 1/23/2017 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Time: 20 min. (R,JM) |
| Filing 167 Memorandum Opinion and Order granting Motion for protective order (Related Doc #157 ); granting Motion to quash (Related Doc #157 ). Judge Donald C. Nugent on 8/4/16.(G,CA) |
| Filing 166 Marginal Entry Order denying Motion to compel an Additional Date and Time to Depose Gerry Benusa (Related Doc #156 ). Plaintiff has not presented sufficient information to warrant another deposition of Mr. Benusa. Judge Donald C. Nugent on 7/19/2016.(M, S) |
| Filing 165 Reply in support of #157 Motion for protective order and Motion to quash subpoena filed by All Plaintiffs. (Elgersma, Kara) Modified on 7/8/2016 to remove double wording (H,SP). |
| Filing 164 Attorney Appearance of Jeffrey Vlasek and Rand McClellan by Gregory V. Mersol filed by on behalf of All Defendants. (Mersol, Gregory) |
| Filing 163 Opposition to #157 Motion for protective order and Motion to quash subpoena filed by All Defendants. (Attachments: #1 Exhibit 1 - Deposition Excerpts of Cinda Durachinsky) (Mersol, Gregory). Modified on 6/28/2016 to remove double wording (H,SP). |
| Filing 162 Amended Affidavit/Declaration of Charles J. Crueger filed by All Plaintiffs. (Related document(s) #160 ). (Attachments: #1 Exhibit A - AF_000024078 (Project Strategy Summaries), #2 Exhibit B - AFE_000056454-AFE_000056457 (Evolution of Agency)) (Crueger, Charles). Modified on 6/22/2016 to add descriptive text to exhibits (H,SP). |
| Filing 161 Affidavit/Declaration of Charles J. Crueger (unsigned) filed by All Plaintiffs. Related document(s) #160 . (Attachments: #1 Exhibit A - AF_000024078, #2 Exhibit B - AFE_000056454-AFE_000056457)(Crueger, Charles) Modified text on 6/21/2016 (G,CA). |
| Filing 160 Reply in support of #156 Motion to compel an Additional Date and Time to Depose Gerry Benusa filed by All Plaintiffs. (Dickinson, Erin) Modified text on 6/21/2016 (H,SP). |
| Filing 159 Opposition to #156 Motion to compel discovery Plaintiffs' Petition for an Additional Date and Time to Depose Gerry Benusa filed by All Defendants. (Mersol, Gregory) |
| Filing 158 Affidavit/Declaration of Charles J. Crueger filed by All Plaintiffs. Related document(s) #157 . (Attachments: #1 Exhibit A - Mersol to Counsel re Discovery Requests, #2 Exhibit B - Crueger to Mersol re Discovery, #3 Exhibit C - Mersol to Counsel re Depositions, #4 Exhibit D - Subpoena to Janice Dawson, #5 Exhibit E - Subpoena to Brian McElroy, #6 Exhibit F - Subpoena to David Wunsch, #7 Exhibit G - AF_00025259-00025263)(Crueger, Charles) |
| Filing 157 Motion for protective order and Motion to Quash Subpoena filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Crueger, Charles). Added Motion to quash on 6/16/2016 (H,SP). Modified text on 6/16/2016 (H,SP). |
| Filing 156 Motion to compel an Additional Date and Time to Depose Gerry Benusa filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Declaration of Erin K. Dickinson, #2 Exhibit A - AFE_000027080, #3 Exhibit B - Defendants' Preliminary Identification of Trial Witnesses, #4 Exhibit C - Condensed Deposition Transcript of Gerry Benusa, #5 Exhibit D - AFE_000024078) (Dickinson, Erin). Modified text on 6/8/2016 (H,SP). |
| Filing 155 Defendants' Certifications of Discovery Pursuant to the Court's May 6, 2016 Order filed by All Defendants. Related document(s) #153 .(Mersol, Gregory) |
| Filing 154 Appeal Order from USCA for the Sixth Circuit: Denying the petition to appeal (USCA# 16-0305). Circuit Judges: Suhrheinrich, Daughtrey, and Rogers. Date issued by USCA 5/11/16 (H,SP) |
| Filing 153 Memorandum Opinion and Order granting in part Plaintiffs' Motion to compel (Related Doc #136 ).The ordered disclosures or certifications must be provided to Plaintiffs no later than May 20, 2016. Judge Donald C. Nugent 5/6/16(C,KA) |
| Filing 152 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 5/4/2016. Discovery cut-off remains 8/8/2016. Jury Trial re-set for 1/23/2017 at 08:30 AM in Courtroom 15A before Judge Donald C. Nugent. Next Status Conference set for 8/16/2016 at 10:00 AM in Courtroom 15A before Judge Donald C. Nugent. (Court Reporter: n/a.)Time: 20 minutes. (M, S) |
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Filing 151
Order granting plaintiffs' Motion to compel discovery depositions (Related Doc #144 ) and denying defendants' Motion for protective order (Related Doc #147 ). Judge Donald C. Nugent 4/22/16(C,KA)
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Filing 150
Order granting Agreed Order Appointing Class Counsel and Class Representatives. Judge Donald C. Nugent on 4/22/16. (R,JM)
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| Filing 149 Affidavit/Declaration of Charles J. Crueger filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. Related document(s) #148 . (Attachments: #1 Exhibit A - Document Produced by The Richardson Company)(Crueger, Charles) |
| Filing 148 Reply in support of #144 Motion to compel discovery depositions noticed for April 28, May 5, and May 10, And Opposition to Defendants' Motion for a Protective Order re #147 , filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Dickinson, Erin) Modified on 4/22/2016 to add link (H,SP). |
| Filing 147 Motion for protective order and Combined Memorandum in Support and Opposition to Plaintiffs' Motion to Compel filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Related document(s) #146 , #144 ). (Attachments: #1 Combined Memorandum of Law in Support of Motion for Protective Order and Opposition to Plaintiffs' April 14, 2016 Motion to Compel, #2 Appendix of Evidence Cited, #3 Exhibit 1 - letter from Mersol to Crueger, 4/12/16, #4 Exhibit 2 - Declaration of Gerry Benusa, #5 Exhibit 3 - Notice of Deposition of Gerry Benusa, #6 Exhibit 4 - Declaration of Mary Schmoeger, #7 Exhibit 5 - Declaration of James St Vincent) (Mersol, Gregory). Modified on 4/20/2016 to remove double wording (H,SP). |
| Filing 146 Marginal Entry Order granting plaintiffs' Motion to expedite briefing on motion to compel depositions. Opposition due 4/19/16; any reply due 4/21/16 (Related Doc #145 ). Judge Donald C. Nugent 4/18/16(C,KA) |
| Filing 145 Motion to expedite briefing of motion to compel upcoming depositions filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Related document(s) #144 ) (Legando, Drew). Modified text on 4/15/2016 (H,SP). |
| Filing 144 Motion to compel discovery depositions noticed for April 28, May 5, and May 10 filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Legando, Drew) |
| Filing 143 Supplement to Opposition filed by All Defendants. (Related document(s) #138 , #136 ) (Mersol, Gregory). Modified on 4/7/2016 to add link (H,SP). |
| Reassignment of Magistrate Judge due to the retirement of Magistrate Judge Greg White. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,TL) |
| Filing 142 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 3/16/16. Status reset for 5/4/2016 at 10:00 AM in Courtroom 15A before Judge Donald C. Nugent 3/16/16. Time: 20 minutes. (C,KA) |
| Filing 141 Reply to response to #136 Motion to compel discovery filed by Walid Jammal. (Attachments: #1 Exhibit Miller Declaration, #2 Exhibit Transition to Management Manual (Ex. A to Miller Declaration), #3 Exhibit Zurfluh Deposition Excerpts)(Legando, Drew) |
| Filing 140 Proposed Order Appointing Class Counsel and Class Representatives filed by Walid Jammal. Related document(s) #137 . (Legando, Drew) |
| Filing 139 Appendix of Evidence in Support of Opposition to Plaintiffs' 2-18-16 Motion to Compel filed by All Defendants. (Related document(s) #138 ). (Attachments: #1 Exhibit 1 - Cited Depo Pages for S Zurfluh, #2 Exhibit 2 - 1-22-16 Letter to Plaintiffs' Counsel, #3 Exhibit 3 - Title Summary of Produced Courses, #4 Exhibit 4 - Sample Intro Pages from Produced District Manager Training Materials, #5 Exhibit 5 - Notes Provided to S Zurfluh re Topic 11) (Mersol, Gregory) |
| Filing 138 Opposition to #136 Motion to compel discovery filed by All Defendants. (Mersol, Gregory) |
| Filing 137 Memorandum Opinion and Order granting plaintiffs' Motion for class certification (Related Doc #119 ). Judge Donald C. Nugent 3/2/16(C,KA) |
| Filing 136 Motion to compel discovery filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Declaration of Erin K. Dickinson, #2 Exhibit A - Defendants' Responses and Objections to 1st Set of Document Requests, #3 Exhibit B - 2/21/14 Letter to Mersol, #4 Exhibit C - Notice of 30(b)(6) Deposition, #5 Exhibit D - 11/9/15 Email attaching Notice Of Deposition, #6 Exhibit E - Defendants' Responses and Objections to Plaintiffs' 30(b)(6) NOD, #7 Exhibit F - Excerpts from Deposition of Scott Zurfluh, #8 Exhibit G - 2/2/16 Letter to Mersol, #9 Exhibit H - Statements Produced by Defendants) (Legando, Drew). Modified text on 2/19/2016 (H,SP). |
| Filing 135 Notice of Supplemental Authority filed by All Plaintiffs. (Attachments: #1 Exhibit A - Seventh Circuit decision in Costello v. Beavis Inc) (Related document(s) #119 ) (Legando, Drew). Modified text on 2/5/2016 (H,SP). |
| Filing 134 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 1/28/16. Discovery ongoing. A fully briefed Motion For Class Certification is now ready for decision. Court to rule. Next Status Conference is set for 3/16/2016 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent. Time: 30 min. (R,JM) |
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Filing 133
Order Jury Trial set for 12/12/2016 at 8:30 AM in Courtroom 15A before Judge Donald C. Nugent. Judge Donald C. Nugent on 1/14/16. (R,JM)
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| Filing 132 Memorandum Opinion and Order denying defendants' Motion for partial summary judgment (Related Doc #123 ). Judge Donald C. Nugent 1/13/16(C,KA) |
| Filing 131 Supplement of Evidence to #119 Motion for class certification filed by All Plaintiffs. (Related document(s) #119 ). (Attachments: #1 Declaration of Erin K. Dickinson, #2 Exhibit A, District Managers Manual, #3 Exhibit B, Excerpts re Control)(Legando, Drew). Modified text on 12/21/2015 (H,SP). |
| Filing 130 Reply in support of #119 Motion for class certification filed by All Plaintiffs. (Attachments: #1 Declaration of Charles J. Crueger, #2 Exhibit A - Agent-Careers (Downloaded Dec 8, 2015), #3 Exhibit B - Examples of Common Evidence) (Legando, Drew). Modified text on 12/14/2015 (H,SP). |
| Filing 129 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 12/9/15. Status Conference set for 1/28/2016 at 10:30 AM. Discovery due by 8/8/2016. Pretrial Motions due by 11/18/2016,, Jury Trial set for 12/12/2016 at 08:30 AM. Time: 45 minutes. (C,KA) |
| Filing 128 Plaintiffs' Post-Conference Position Statement filed by All Plaintiffs. (Legando, Drew) |
| Filing 127 Reply in support of #123 Motion for partial summary judgment filed by All Defendants. (Mersol, Gregory) |
| Filing 126 Appendix of Evidence in Support of Opposition to Class Certification filed by All Defendants. Related document(s) #125 . (Attachments: #1 Exhibit 1 - Cited Deposition Pages for Plaintiff Jammal, #2 Exhibit 2 - Cited Deposition Pages for Plaintiff Garrett, #3 Exhibit 3 - Plaintiffs' Declaration and Deposition Comparative Chart, #4 Exhibit 4 - Plaintiffs' November 10, 2015 Discovery Letter, #5 Exhibit 5 - Clure v Bankers Life & Cas Co, #6 Exhibit 6 - Declaration of Dan Coyne, #7 Exhibit 7 - Declaration of James Parrott, #8 Exhibit 8 - Declaration of Regan Fackrell, #9 Exhibit 9 - Declaration of Steve Ulanowski, #10 Exhibit 10 - Declaration of Anthony Reau, #11 Exhibit 11 - Declaration of Robert Sturgill, #12 Exhibit 12 - Declaration of Demetrius Charles, #13 Exhibit 13 - Declaration of Kurt McCabe, #14 Exhibit 14 - Declaration of Paul Dicuirci, #15 Exhibit 15 - Declaration of Yvette Jurgenson, #16 Exhibit 16 - Declaration of Yasir Kamal, #17 Exhibit 17 - Declaration of Jim Eckert, #18 Exhibit 18 - Declaration of Martin King, #19 Exhibit 19 - Declaration of Vienna Peterson, #20 Exhibit 20 - Declaration of Nannette McCullough, #21 Exhibit 21 - Declaration of Rick McDermott, #22 Exhibit 22 - Declaration of Gerald Stark, #23 Exhibit 23 - Declaration of Karen Smeltzer, #24 Exhibit 24 - Declaration of Lisa Diemer, #25 Exhibit 25 - Declaration of Frank Aeivoli, #26 Exhibit 26 - Declaration of Kevin Clouse, #27 Exhibit 27 - Bialas v American Family Mut Ins Co (unreported))(Brosky, Gilbert) Modified on 11/24/2015, counsel reminded to include a signature block on all filings (H,SP). |
| Filing 125 Opposition to #119 Motion for class certification and brief in support filed by All Defendants. (Brosky, Gilbert) |
| Filing 124 Opposition to #123 Motion for partial summary judgment filed by All Plaintiffs. (Attachments: #1 Declaration of Walid Jammal, #2 Declaration of Kathleen Tuersley) (Legando, Drew). Modified text on 11/17/2015 (H,SP). |
| IMPORTANT: Notice (non-document) of Status Conference set for 12/9/2015 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent. (R,JM) |
| Filing 123 Motion for partial summary judgment filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Memorandum in Support, #2 Joint Appendix of Evidence Cited in Support of Motion, #3 Exhibit 1 - Delcaration of James Parrott with exhibits, #4 Exhibit 2 - Cited Pages of Plain Documents Attached to James Parrott's Declaration, #5 Exhibit 3 - Cited Deposition Transcript for Plaintiff Jammal, #6 Exhibit 4 - Cited Deposition Transcript for Plaintiff Durachinsky, #7 Exhibit 5 - Cited Deposition Trancript for Plaintiff Tuersley, #8 Exhibit 6 - Cited Deposition Transcript for Plaintiff Garrett, #9 Exhibit 7 - Email from Plaintiff's Counsel) (Mersol, Gregory). Modified text on 10/14/2015 (H,SP). |
| Filing 122 Supplement Declaration of Kara A. Elgersma to #119 Motion for class certification and brief in support filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. Related document(s) #119 . (Attachments: #1 Exhibit A, HRDC Resume, #2 Exhibit B, GCL Resume, #3 Exhibit C, WW Resume, #4 Exhibit D, LGM Resume)(Legando, Drew) |
| Filing 121 Supplement Declaration of Ian H. Altman to #119 Motion for class certification and brief in support filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. Related document(s) #119 . (Legando, Drew) |
| Filing 120 Supplement Declaration of American Family Insurance Company, et al. to #119 Motion for class certification and brief in support filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. Related document(s) #119 . (Attachments: #1 Exhibit A, 1993 Agent Agreement, #2 Exhibit B, 1993 Corporate Agent Agreement, #3 Exhibit C, 1996 Amendment, #4 Exhibit D, 2006 Entity Agent Agreement, #5 Exhibit E, Extended Earnings Termination Benefits Schedule, #6 Exhibit F, 2014 Agreement, #7 Exhibit G, Contract Termination Payment Schedule, #8 Exhibit H, 1963 Agreement, #9 Exhibit I, 1970 Agreement, #10 Exhibit J, 1983 Agreement)(Legando, Drew) |
| Filing 119 Motion for class certification and brief in support filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Kathleen Tuersley. (Legando, Drew) |
| Filing 118 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 9/24/15. Discovery regarding class issues is complete. Defendant plans to file another summary judgment motion. Next Status Conference is set for 12/18/2015 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent. Time: 20. (R,JM) |
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Order [non-document]granting Joint Motion to continue (Related Doc #117 ) Status Conference. Status Conference is re-set for 9/24/2015 at 9:30 AM in Chambers 15A before Judge Donald C. Nugent.. Judge Donald C. Nugent on 7/27/15.(R,JM)
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| Filing 117 Joint Motion to continue July 28, 2015 Hearing Date filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Legando, Drew) |
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Filing 116
Scheduling Order. Plaintiffs' motion for class certification due 10/16/15; opposition due 45 days after filling of motion. Reply in support due 30 days after opposition filed. Status Conference set for 7/28/2015 at 10:00 AM. Judge Donald C. Nugent (C,KA)
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| Filing 115 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 5/7/15. There is document discovery outstanding. Next Status Conference is set for 7/28/2015 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent. Time: 20. (R,JM) Modified typo on 5/8/2015 (H,SP). |
| Filing 114 Memorandum Opinion and Order granting in part and denying in part #77 defendants' motion for summary judgment.Defendants Motions for Summary Judgment as to the claims for all remaining named Plaintiffs (ECF #70 , #75 , #79 ) are DENIED. Plaintiffs Motion on the Statute of Limitations is also DENIED. (ECF #82 ). A Status Conference set for 5/7/2015 at 10:30 AM. Judge Donald C. Nugent(C,KA) |
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Filing 113
Order denying Motion to strike (Related Doc #99 ). Judge Donald C. Nugent on 3/23/2015.(M, S)
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Order [non-document]granting Motion to withdraw as attorney. Attorney Dawn M. Goulet is removed from case. (Related Doc #112 ). Judge Donald C. Nugent on 1/14/15.(R,JM)
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| Filing 112 Motion by Dawn M. Goulet to withdraw as attorney filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Landskroner, Jack) |
| Filing 111 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 11/25/14. Parties may file a supplemental brief on or before 12/10/14. Time: 60 minutes. (C,KA) |
| Filing 110 Reply in support of #99 Motion to strike Portions of Plaintiffs' Declaration Testimony and Exhibits Provided in Support of Their Motion on the Statute of Limitations Pursuant to the Court's September 27, 2013 Order filed by All Defendants. (Mersol, Gregory) |
| Filing 109 Reply in support of #70 Motion for summary judgment as to Plaintiff Jammal's Claims filed by All Defendants. (Mersol, Gregory) |
| Filing 108 Reply in support of #77 Motion for summary judgment as to Plaintiff Tuersley's Claims filed by All Defendants. (Mersol, Gregory) |
| Filing 107 Reply in support of #79 Motion for summary judgment as to Plaintiff Garrett's Claims filed by All Defendants. (Mersol, Gregory) |
| Filing 106 Reply in support of #75 Motion for summary judgment as to Plaintiff Durachinsky's Claims filed by All Defendants. (Mersol, Gregory) |
| Filing 105 Reply in support of #82 Motion on the Statute of Limitations Pursuant to the Court's September 27, 2013 Order filed by All Plaintiffs. (Landskroner, Jack) |
| Filing 104 Opposition to #99 Motion to strike Portions of Plaintiffs' Declaration Testimony and Exhibits Provided in Support of Their Motion on the Statute of Limitations Pursuant to the Court's September 27, 2013 Order filed by All Plaintiffs. (Attachments: #1 Declaration of Kara A. Elgersma, #2 Exhibit A - 08/27/2014 Transmittal Letter, #3 Exhibit B - 08/08/2014 Transmittal Letter, #4 Exhibit C - Affidavit of David P. Jendrzejek (McClure v Am. Family), #5 Exhibit D - Internal Memo -P005714) (Landskroner, Jack). Modified text on 11/3/2014 (H,SP). |
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Order [non-document]granting Plaintiff's Motion for leave to File a Consolidated Brief in Opposition to Defendant's Four Motions for Summary Judgement (Related Doc #96 ). Judge Donald C. Nugent on 10/17/14.(R,JM)
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Order [non-document]granting Defendants' Motion for leave to File a Twenty-Four Page Brief in Opposition to Plaintiffs' Statute of Limitations Motion. (Related Doc #94 ). Judge Donald C. Nugent on 10/16/14.(R,JM)
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| Filing 103 Affidavit/Declaration of Kathleen Tuersley in Response to Defendants' Motion for Summary Judgment filed by All Plaintiffs. Related document(s) #100 . (Landskroner, Jack) |
| Filing 102 Affidavit/Declaration of Walid Jammal in Response to Defendants' Motions for Summary Judgment filed by All Plaintiffs. Related document(s) #100 . (Attachments: #1 Exhibit A - Daily Activity Report)(Landskroner, Jack) |
| Filing 101 Affidavit/Declaration of Charles J. Crueger filed by All Plaintiffs. Related document(s) #100 . (Attachments: #1 Exhibit A - AmFam Handbook, #2 Exhibit B - AmFam Corres. re term. benefits, #3 Exhibit C - Dvorak Letter, #4 Exhibit D - AmFam Appt Standards, #5 Exhibit E - AmFam Trust Agrmt., #6 Exhibit F - Charms Complaint, #7 Exhibit G - Demonstrative Exhibit)(Landskroner, Jack) |
| Filing 100 Opposition to #77 Motion for summary judgment as to Plaintiff Tuersley's Claims, #79 Motion for summary judgment as to Plaintiff Garrett's Claims, #75 Motion for summary judgment as to Plaintiff Durachinsky's Claims, #70 Motion for summary judgment as to Plaintiff Jammal's Claims filed by All Plaintiffs. (Landskroner, Jack) |
| Filing 99 Motion to strike Portions of Plaintiffs' Declaration Testimony and Exhibits Provided in Support of Their Motion on the Statute of Limitations Pursuant to the Court's September 27, 2013 Order filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #85 , #87 . (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B)(Mersol, Gregory) |
| Filing 98 Supplement Transcript of Ralph Kaye's Deposition to #97 Opposition filed by All Defendants. Related document(s) #97 . (Mersol, Gregory) |
| Filing 97 Opposition to #82 Motion on the Statute of Limitations Pursuant to the Court's September 27, 2013 Order filed by All Defendants. (Mersol, Gregory) |
| Filing 96 Motion for leave to File a Consolidated Brief in Opposition to Defendant's Four Motions for Summary Judgment filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. Related document(s) #77 , #79 , #75 , #70 . (Landskroner, Jack) |
| Filing 95 Defendants' Notice of Filing Plaintiff Nathan Garrett's Deposition Errata and Certification Page filed by All Defendants. (Attachments: #1 Errata and Certification Page)Related document(s) #81 .(Mersol, Gregory) |
| Filing 94 Motion for leave to File a Twenty-Four Page Brief in Opposition to Plaintiffs' Twenty-Seven Page Statute of Limitations Motion Instanter filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #80 . (Mersol, Gregory) |
| Filing 93 Notice of Supplemental Filing filed by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of Ralph Kaye, #2 Exhibit B - Declaration of Nelida Lopez, #3 Exhibit C - Declaration of Bryan McElroy) (Related document(s) #82 , #87 ) (Landskroner, Jack). Modified on 10/3/2014 to remove double wording (H,SP). |
| Filing 92 Notice of Withdrawal of Attorney Elizabeth Braverman filed by All Defendants. (Eckelberry, Rodger) |
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Order [non-document]granting Plaintiff's Motion to exceed page limitations (Related Doc #80 ). Judge Donald C. Nugent on 9/15/14.(R,JM)
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| Filing 91 Notice of Service of Declaration of Kathleen Tuersley with Exhibits A through R, Declaration of Nathan Garrett with Exhibits A through E, and Declaration of Erin K. Dickinson with Exhibits A through V filed by All Plaintiffs. Related document(s) #85 , #83 , #87 .(Goulet, Dawn) |
| Filing 90 FILING ERROR: Document was submitted with manually filed videos -- Notice of failure to file electronically, pursuant to Local Rule 5.1(c). Non-compliant document: #89 Notice of Manual Filing filed by Nathan Garrett, Walid Jammal, John Vincent, Cinda J. Durachinsky, Patricia McClain-Evans, Kathleen Tuersley, Dana LaRiche (E,P) Modified text on 9/11/2014 (E,P). Modified text and regenerated NEF on 9/22/2014 (S,He). |
| Filing 89 Notice of Manual Filing of Exhibits Q and R (Videos) to the Declaration of Erin K. Dickinson, on file in Clerk's Office filed by All Plaintiffs. (Related document(s) #87 ) (E,P). Modified text on 9/11/2014 (H,SP). |
| Filing 88 Declaration of Walid Jammal filed by All Plaintiffs. (Related document(s) #82 ). (Attachments: #1 Exhibit A- AmFam Agent Agreement, #2 Exhibit B- 7/7/2003 letter, #3 Exhibit C- Agent Advance Compensation Plan) (Landskroner, Jack). Modified text on 9/11/2014 (H,SP). |
| Filing 87 SEALED Document: Declaration of Erin K. Dickinson filed by All Plaintiffs. (Related document(s) #61 , #82 ). (Attachments: #1 Exhibit A- 7/29/1991 memo, #2 Exhibit B- 10/9/1992 letter, #3 Exhibit C- 4/8/1993 letter, #4 Exhibit D- IRS Letter, #5 Exhibit E- 12/11/2007 letter, #6 Exhibit F- 12/18/2007 letter, #7 Exhibit G- 12/11/2009 letter, #8 Exhibit H- 3/15/2010 letter, #9 Exhibit I- 8/10/2011 letter, #10 Exhibit J- Leaders/Participant Guide, #11 Exhibit K- Leader Guide, #12 Exhibit L- Pleading, #13 Exhibit M- Pleading, #14 Exhibit N- Article, #15 Exhibit O- 12/22/1995 memo, #16 Exhibit P- Durachinsky Deposition Excerpt, #17 Exhibit Q and R- Notice of Manual Filing of Video Clips, #18 Exhibit S- AmFam Printed Materials, #19 Exhibit T- Tax Information, #20 Exhibit U- Tax Information, #21 Exhibit V- Declarations) (Landskroner, Jack). Modified text on 9/11/2014 (H,SP). |
| Filing 85 SEALED Document: Declaration of Nathan Garrett filed by All Plaintiffs. (Related document(s) #61 , #82 ). (Attachments: #1 Exhibit A- AmFam Agent Agreement, #2 Exhibit B- Agent in Training Agreement, #3 Exhibit C- 11/24/2010 Letter, #4 Exhibit D- 2/22/2011 Letter, #5 Exhibit E- 8/18/2011 Letter) (Landskroner, Jack). Modified text on 9/11/2014 (H,SP). |
| Filing 84 Appendix to Motions for Summary Judgment as to All Plaintiffs filed by All Defendants. Related document(s) #77 , #75 , #79 , #70 . (Attachments: #1 Exhibit Tab A - Sturgill Declaration, #2 Exhibit Tab B - Demetrius Charles Declaration, #3 Exhibit Tab C - McCabe Declaration, #4 Exhibit Tab D - Charms Docket Report and Dismissal Entry, #5 Exhibit Tab E - Remand Decision in Charms Litigation, #6 Exhibit Tab F - Garrett Discovery Responses, #7 Exhibit Tab G - Whelan Sept 5 Declaration and Exhibits, #8 Exhibit Tab H - Whelan Sept 8 Declaration, #9 Exhibit Exhibits A - H to 9/8 Whelan Declaration, #10 Exhibit Exhibits I - J to 9/8 Whelan Declaration, #11 Exhibit Exhibits K - P to 9/8 Whelan Declaration, #12 Exhibit Exhibits Q - T to 9/8 Whelan Declaration, #13 Exhibit Tab I - Bialas Affidavit, #14 Exhibit Tab J - Van Gorp Case, #15 Exhibit Tab K - Weaver Case, #16 Exhibit Tab L - Bialas Case, #17 Exhibit Tab M - Chai Case)(Mersol, Gregory) |
| Filing 83 SEALED Document: Declaration of Kathleen Tuersley filed by All Plaintiffs. (Related document(s) #61 , #82 ). (Attachments: #1 Exhibit A- AmFam Agent Agreement, #2 Exhibit B- 02-22-2000 Letter, #3 Exhibit C- Agent Advance Compensation Plan, #4 Exhibit D- 10-13-2003 Letter, #5 Exhibit E- 12-5-2008 Letter, #6 Exhibit F- 10-9-2007 Letter, #7 Exhibit G- 8-24-2008 Email, #8 Exhibit H- 9-10-2008 Letter, #9 Exhibit I- 9-23-2008 Letter, #10 Exhibit J- 10-14-2008 Letter, #11 Exhibit K- 12-3-2008 Letter, #12 Exhibit L- 3-19-2009 Letter, #13 Exhibit M- 4-14-2009 Letter, #14 Exhibit N- 5-5-2009 Letter, #15 Exhibit O- 6-12-2009 Letter, #16 Exhibit P- 7-17-2009 Letter, #17 Exhibit Q- 8-10-2009 Letter, #18 Exhibit R- 9-4-2009 Letter) (Landskroner, Jack). Modified text on 9/11/2014 (H,SP). |
| Filing 82 SEALED MOTION on the Statute of Limitations Pursuant to the Court's September 27, 2013 Order filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Related document(s) #47 ) (Landskroner, Jack). Modified on 9/11/2014 to add link (H,SP). Modified to seal document on 9/12/2014 (S,He). |
| Filing 81 Supplement to #79 Motion for summary judgment as to Plaintiff Garrett's Claims, Deposition Transcript of Nathan Garrett filed by All Defendants. (Related document(s) #79 ). (Attachments: #1 Deposition Exhibits 12, 13, 300-320, #2 Deposition Exhibits 321-330, #3 Deposition Exhibits 331-346, #4 Deposition Exhibits 354-360, #5 Deposition Exhibits 361-365) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 80 Motion for leave to exceed page limitations filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Landskroner, Jack) |
| Filing 79 Motion for summary judgment as to Plaintiff Garrett's Claims filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support)(Mersol, Gregory) |
| Filing 78 Supplement to #77 Motion for summary judgment as to Plaintiff Tuersley's Claims Deposition Transcript of Kathleen Tuersley filed by All Defendants. (Related document(s) #77 ). (Attachments: #1 Deposition Exhibits 12, 37, 100-106, #2 Deposition Exhibits 107-115, 117-124, #3 Deposition Exhibits 125-129, 131-137, 139-155, #4 Deposition Exhibits 156-164) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 77 Motion for summary judgment as to Plaintiff Tuersley's Claims filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 76 Supplement to #75 Motion for summary judgment as to Plaintiff Durachinsky's Claims Deposition Transcript of Cinda J. Durachinsky filed by All Defendants. (Related document(s) #75 ). (Attachments: #1 Deposition Exhibits 1-9, #2 Deposition Exhibits 16, 26-33, #3 Deposition Exhibit 35, #4 Deposition Exhibits 36, 46-47, 50-53, 57-58) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 75 Motion for summary judgment as to Plaintiff Durachinsky's Claims filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 74 Supplement to #70 Motion for summary judgment as to Plaintiff Jammal's Claims of 8-20-14 Deposition Transcript of Walid Jammal filed by All Defendants. (Related document(s) #70 ). (Attachments: #1 Deposition Exhibits 12-13, #2 Deposition Exhibit 14, #3 Deposition Exhibit 400, #4 Deposition Exhibits 401-405, #5 Deposition Exhibits 409-415, 419-426, #6 Deposition Exhibits 427-455, #7 Deposition Exhibits 456-478) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 73 Supplement to #70 Motion for summary judgment as to Plaintiff Jammal's Claims of Trial Testimony of Walid Jammal from 11/14/13 filed by All Defendants. (Related document(s) #70 ) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 72 Supplement to #70 Motion for summary judgment of as to Plaintiff Jammal's Claims, Trial Testimony of Walid Jammal from 7/24/12 filed by All Defendants. (Related document(s) #70 ) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 71 Deposition Transcript of Walid Jammal from 4/18/11 to #70 Motion for summary judgment as to Plaintiff Jammal's Claims filed by All Defendants. (Related document(s) #70 ) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 70 Motion for summary judgment as to Plaintiff Jammal's Claims filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Brief in Support) (Mersol, Gregory). Modified text on 9/11/2014 (H,SP). |
| Filing 86 Sealed Document |
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Order [non-document]granting #69 Unopposed Plaintiffs' Motion for Extension of Time until September 10, 2014 to file anticipated motions. Judge Donald C. Nugent on 8/14/14.(R,JM)
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| Filing 69 Unopposed Motion for extension of time until September 10, 2014 to file anticipated motions filed by Cinda J. Durachinsky, Nathan Garrett, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Landskroner, Jack) |
| Filing 68 Answer to Plaintiffs' Second Amended Complaint filed by All Defendants. Related document(s) #67 . (Mersol, Gregory) |
| Filing 67 Second Amended complaint against All Defendants and adding new party plaintiff(s) Nathan Garrett. Filed by Cinda J. Durachinsky, Walid Jammal, Kathleen Tuersley, Nathan Garrett. (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - Code of Conduct, #3 Exhibit C - Memorandum 3/11/04, #4 Exhibit D - Appointment Standards, #5 Exhibit E - Agreement to License, #6 Exhibit F - Termination Benefits 8/23/07, #7 Exhibit G - Termination Benefits 2/3/11, #8 Exhibit H - Termination Benefits 12/28/11, #9 Exhibit I - IRS Form 5500, Retirement Plan for Employees, #10 Exhibit J - IRS Form 5500, Am Fam 401K Plan, #11 Exhibit K - IRS Form 5500, Group Dental Plan, #12 Exhibit L - IRS Form 5500, Group Health Plan, #13 Exhibit M - IRS Form 5500, Group Life Plan, #14 Exhibit N - IRS Form 5500, Long Term Dis. Plan) (Landskroner, Jack) |
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Filing 66
Marginal Entry Order granting Motion to amend complaint (Related Doc #57 ) without objection. Signed by Judge Donald C. Nugent on 6/26/2014.(K,K)
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| Filing 65 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 6/26/2014. Status Conference reset for 11/25/2014 at 09:30 AM in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None.)Time: 30 minutes. (K,K) |
| Filing 64 Reply to response to #57 Motion to amend complaint filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Second Amended Complaint, #2 Exhibit 1A - Agreement, #3 Exhibit 1B - Code of Conduct, #4 Exhibit 1C - Memorandum 3/11/04, #5 Exhibit 1D - Appointment Standards, #6 Exhibit 1E - Agreement to License, #7 Exhibit 1F - Termination Benefits 8/23/07, #8 Exhibit 1G - Termination Benefits 2/3/11, #9 Exhibit 1H - Termination Benefits 12/28/11, #10 Exhibit 1I - IRS Form 5500, Retirement Plan for Employees, #11 Exhibit 1J - IRS Form 5500, Am Fam 401K Plan, #12 Exhibit 1K - IRS Form 5500, Group Dental Plan, #13 Exhibit 1L - IRS Form 5500, Group Health Plan, #14 Exhibit 1M - IRS Form 5500, Group Life Plan, #15 Exhibit 1N - IRS Form 5500, Long Term Dis. Plan)(Landskroner, Jack) |
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Filing 63
Order denying Motions to compel discovery (Related Docs #52 #56 ) filed by both plaintiffs and defendants. Status Conference set for 6/24/14 is rescheduled for 6/26/2014 at 09:30 AM. Defendants' response to Plaintiffs' Motion #57 to for Leave to File an Amended Complaint is due prior to the June 26, 2014 status conference. If the Parties are unable to settle their discovery disputes prior to said status conference, the Parties shall be prepared to discuss how the filing of an amended complaint would affect discovery. Judge Donald C. Nugent(C,KA)
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| Filing 62 Opposition to #57 Motion to amend complaint filed by All Defendants. (Attachments: #1 Exhibit A - Garrett Agreement)(Mersol, Gregory) |
| Filing 61 Stipulated protective order (Related Doc #59 ). Judge Donald C. Nugent(C,KA) |
| Filing 60 Opposition to #56 Motion to compel discovery filed by All Defendants. (Attachments: #1 Exhibit A - Cited Discovery Documents)(Mersol, Gregory) |
| Filing 59 Stipulated Motion for protective order filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Legando, Drew) |
| Filing 58 Reply to response to #52 Motion to compel discovery Production of Documents and Incorporated Memorandum of Law, #56 Motion to compel discovery filed by All Defendants. (Attachments: #1 Exhibit Kaye Depo Excerpts)(Mersol, Gregory) |
| Filing 57 Motion to amend complaint filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 (FILING ERROR, WRONG DOCUMENT UPLOADED) Exhibit 1 - Second Amended Complaint, #2 Exhibit 1A - Agreement, #3 Exhibit 1B - Code of Conduct, #4 Exhibit 1C - Memorandum of 3/11/04, #5 Exhibit 1D - Appointment Standards, #6 Exhibit 1E - Agreement to License, #7 Exhibit 1F - Termination Benefits 8/23/07, #8 Exhibit 1G - Termination Benefits 2/3/11, #9 Exhibit 1H - Termination Benefits 12/28/11, #10 Exhibit 1I - IRS Form 5500, Retirement Plan for Employees, #11 Exhibit 1J - IRS Form 5500, American Family 401K Plan, #12 Exhibit 1K - IRS Form 5500, Group Dental Plan, #13 Exhibit 1L - IRS Form 5500, Group Health Plan, #14 Exhibit 1M - IRS Form 5500, Group Life Plan, #15 Exhibit 1N - IRS Form 5500, Long Term Disability Plan) (Landskroner, Jack). Modified text on 5/21/2014, and marked first attachment as filing error (H,SP). |
| Filing 56 Motion to compel discovery filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Declaration of Erin K. Dickinson, #2 Exhibit A - Plaintiffs' First Interrogatories, #3 Exhibit B - Plaintiffs' First Requests for Production of Documents, #4 Exhibit C - Plaintiffs' Second Interrogatories, #5 Exhibit D - Plaintiffs' Second Request for Production of Documents, #6 Exhibit E - Defendants Answers & Objections to First Interrogatories, #7 Exhibit F - Defendants' Responses & Objections to Plaintiffs' First Requests, #8 Exhibit G - Defendants' Answers & Objections to Plaintiffs' Second Interrogatories, #9 Exhibit H - Defendants' Answers & Objections to Plaintiffs' Second Requests, #10 Exhibit I - Crueger Letter of 2/21/14, #11 Exhibit J - Crueger Letter of 3/5/14, #12 Exhibit K - Dickinson Letter of 4/8/14, #13 Exhibit L - Mersol Letter of 4/17/14, #14 Exhibit M - Mersol Letter of 4/17/14, #15 Exhibit N - Sample American Family Documents, #16 Exhibit O-AF00077123-24, #17 Exhibit P-AF00077132-141, #18 Exhibit Q-AF00077009-88)(Landskroner, Jack). Modified text on 5/14/2014 (H,SP). |
| Filing 55 Opposition to #52 Motion to compel discovery Production of Documents and Incorporated Memorandum of Law filed by All Plaintiffs. (Attachments: #1 Declaration of Kara A. Elgersma, #2 Exhibit 1 - Kaye Deposition Excerpts, #3 Exhibit 2 - Mersol Letter of 4/17/14, #4 Exhibit 3 - Dickinson Letter of 4/8/14, #5 Exhibit 4 - AF 00025259-63, #6 Exhibit 5 - Defendants' Responses and objections to Plaintiff's First Set of Document Requests, #7 Exhibit 6 - Dickinson Letter of 4/8/14, #8 Exhibit 7 - Crueger Letter of 2/21/14, #9 Exhibit 8 - Crueger Letter of 3/5/14) (Landskroner, Jack). Modified text on 5/14/2014 (H,SP). |
| Filing 54 Response to #53 Motion for extension of until 8/1/14 filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Exhibit A)(Elgersma, Kara) |
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Order [non-document]granting #53 Defendants' Motion For Extension of Discovery Period until 8/1/14 and a corresponding extension for Plaintiffs to file their anticipated motion until on or before Friday, August 29, 2014. Judge Donald C. Nugent on 4/30/14.(R,JM)
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| Filing 53 Motion for extension of discovery period until 8/1/14 filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan (Mersol, Gregory). Modified text on 4/29/2014 (H,SP). |
| Filing 52 Motion to compel Production of Documents filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Attachments: #1 Exhibit A - Plaintiffs' Discovery Responses)(Mersol, Gregory). Modified text on 4/24/2014 (H,SP). |
| Filing 51 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 2/18/14. Status Conference set for 6/24/2014 at 10:00 AM. Time: 30 minutes. (C,KA) |
| Filing 50 Minutes of proceedings before Judge Donald C. Nugent of Status Conference held on 12/10/13. Next Status Conference set for 2/19/2014 at 10:00 AM in Chambers 15A before Judge Donald C. Nugent. Time: 30 min. (R,JM) |
| Filing 49 Reply Brief Pursuant to Court's September 27, 2013 Order filed by All Defendants (Related document(s) #47 ) (Mersol, Gregory). Modified on 10/17/2013 to add link (H,SP). |
| Filing 48 Brief Submission Pursuant to the Court's September 27, 2013 Order filed by All Plaintiffs. Related document(s) #47 , #45 . (Elgersma, Kara) |
| Filing 47 Memorandum Opinion and Order on the parties' competing proposals for the scheduling of class related discovery. The Court finds that it would be more appropriate to postpone class discovery and class certification briefing until after discovery related to the named Plaintiffs has been completed and dispositive motions relating to those individuals have been addressed. Fact discovery should proceed as previously established as to the named Plaintiffs only. Class certification and class discovery issues are stayed until further notice. In so far as Defendants' briefing proposal also requested a limitation on Plaintiffs' request for discovery in connection to Counts Five and Six of the Complaint, Plaintiffs have not yet been given an opportunity to respond to these arguments. Any objections Plaintiffs have to the limitations suggested by Defendants on discovery related to Counts Five and Six should be filed with the Court no later than October 7th, 2013. Defendants may file a Reply, limited to this issue, on or before October 15th (related docs #44 , #45 and #46 ). Judge Donald C. Nugent (C,KA) |
| Filing 46 Notice of Filing Plaintiffs' proposed schedule pursuant to 8/28/13 minute order filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Elgersma, Kara) Modified text on 9/11/2013 (B,B). |
| Filing 45 Memorandum Regarding The Permissible Scope of Discovery filed by All Defendants. (Attachments: #1 Exhibit Discovery Requests)(Mersol, Gregory) Modified text on 9/11/2013 (B,B). |
| Filing 44 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 8/27/2013. Cut-off for fact discovery is 5/2/2014. Parties to submit simultaneous proposals for class expert discovery by 9/10/2013. Status Conference set for 10:30 a.m. on 12/10/2013 in Chambers 15A before Judge Donald C. Nugent. Dispositive motion deadline to be set at next status.(Court Reporter: None)Time: 20 min. (B,B) |
| Filing 43 Answer to #21 First Amended complaint filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Mersol, Gregory) Modified text on 8/23/2013 (B,B). |
| IMPORTANT: Notice (non-document) of Status Conference set for 8/27/2013 at 9:30 AM to be held telephonically before Judge Donald C. Nugent. Counsel shall arrange the conference call to the Court. (R,JM) |
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Filing 42
Memorandum Opinion and Order denying Defendants' Motion to dismiss. Signed by Judge Donald C. Nugent on 8/9/2013.(Related Doc #31 )(B,B)
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| Filing 41 Sur-Reply to re: IRS Rulings Motion to strike filed by All Plaintiffs. (Related doc #31 , #36 , #37 ) (Landskroner, Jack) Modified to create additional links on 7/8/2013 (B,B). |
| Filing 40 Marginal Entry Order denying plaintiffs' Motion to strike (Related Doc #37 ). Plaintiffs granted leave to file surreply - to be filed on or before 7/8/13. Judge Donald C. Nugent(C,KA) |
| Filing 39 Marginal Entry Order granting plaintiffs' Motion to exceed page limitations (Related Doc #34 ). Judge Donald C. Nugent(C,KA) |
| Filing 38 Minutes of proceedings before Judge Donald C. Nugent.Status Conference held on 6/27/13. Time: 20 minutes. (C,KA) |
| Filing 37 Motion to strike filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. Related document(s) #36 . (Landskroner, Jack) |
| Filing 36 Reply to response to #31 Motion to dismiss Amended Complaint filed by All Defendants. (Attachments: #1 Exhibit IRS Determination, #2 Exhibit IRS Determination Re AF Retirement Plan)(Mersol, Gregory) |
| Filing 35 Opposition to #31 Motion to dismiss Amended Complaint filed by All Plaintiffs. (Landskroner, Jack) |
| Filing 34 Motion for leave to exceed page limitations in Opposition to Defendants' Motion to Dismiss filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. Related document(s) #31 . (Landskroner, Jack) |
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Filing 33
Marginal Entry Order granting Defendants' Motion requesting leave to file a twenty-five page memorandum in support of their motion to dismiss instanter. Signed by Judge Donald C. Nugent on 6/3/2013.(Related Doc #30 )(B,B)
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| Filing 32 Minutes of proceedings before Judge Donald C. Nugent.Case Management Conference held on 5/15/13. Case is assigned to the standard track. Response to motion to dismiss due 6/17/13; reply due 6/24/13. Status Conference set for 6/27/2013 at 09:00 AM in Courtroom 15A before Judge Donald C. Nugent. Time: 20 minutes. (C,KA) |
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Order [non-document]granting Defendants' Motion to excuse appearance of their representative ath the Case Management conference. (Related Doc #28 ). Judge Donald C. Nugent on 5/14/13.(R,JM)
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| Filing 31 Motion to dismiss Amended Complaint filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Related document(s) #21 . (Attachments: #1 Brief in Support Motion to Dismiss Amended Complaint, #2 Exhibit Retirement Plan for Employees of the American Family Insurance Group)(Mersol, Gregory) |
| Filing 30 Motion Leave to File a Twenty-Five Page Memorandum in Support of Motion to Dismiss Instanter filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. (Mersol, Gregory) |
| Filing 29 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Landskroner, Jack) |
| Filing 28 Motion to excuse appearance of Representative at the May 15, 2013 Case Management Conference filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Response due 5/15/2013. (Mersol, Gregory) |
| Filing 27 Motion to excuse appearance of Certain Party Plaintiffs from the May 15, 2013 Case Management Conference filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Landskroner, Jack) |
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Order [non-document]granting Motion to excuse the Presence of Certain party Plaintiffs from the May 15, 2013 Case Management Conference. (Related Doc #27 ). Judge Donald C. Nugent on 5/08/13.(R,JM)
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Order [non-document]granting #26 Defendants' Unopposed Motion for Extension of Time to set May 13, 2013 as the Deadline for all Defendants to Repsond to Plainiffs' Amended Complaint. Judge Donald C. Nugent on 4/26/13.(R,JM)
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| Filing 26 Unopposed Motion for extension of time until May 13, 2013 to answer Plaintiffs' Amended Complaint filed by 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Company, American Family Insurance Group Master Retirement Trust, American Family Life Insurance Company, American Family Mutual Insurance Company, American Family Termination Benefits Plan, American Standard Insurance Company of Wisconsin, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan. Response due 5/13/2013. Related document(s) #21 . (Mersol, Gregory) |
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Order [non-document]granting Motion for appearance pro hac vice by Gregory F. Coleman, Esq. 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 #25 ). Judge Donald C. Nugent on 4/22/13.(R,JM)
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Order [non-document]granting Motion for appearance pro hac vice by Mark Silvey, Esq. 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 #24 ). Judge Donald C. Nugent on 4/22/13.(R,JM)
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| Filing 25 Motion for attorney Gregory F. Coleman to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5941753, filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Affidavit)(Landskroner, Jack) |
| Filing 24 Motion for attorney Mark Silvey to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5941741, filed by Cinda J. Durachinsky, Walid Jammal, Dana LaRiche, Patricia McClain-Evans, Kathleen Tuersley, John Vincent. (Attachments: #1 Affidavit)(Landskroner, Jack) |
| Filing 23 Case Management Conference Scheduling Order with case management conference to be held on 5/15/2013 at 10:45 AM at Courtroom 15A before Judge Donald C. Nugent. (C,KA) |
| Filing 22 Original Summons issued electronically to counsel for service upon 401K Plan Administrative Committee, American Family 401K Plan, American Family Insurance Group Master Retirement Trust, American Family Termination Benefits Plan, Group Dental Plan, Group Health Plan, Group Life Plan, Long Term Disability Plan, Retirement Plan for Employees of American Family Insurance Group, The Committee of Employee and District Manager Retirement Plan on 4/8/2013. (B,B) |
| Filing 21 First Amended complaint adding new party plaintiffs Patricia McClain-Evans, Kathleen Tuersley, Cinda J. Durachinsky, and John Vincent and against all defendant(s) and new party defendant(s) American Family Termination Benefits Plan, Retirement Plan for Employees of American Family Insurance Group, American Family 401K Plan, Group Life Plan, Group Health Plan, Group Dental Plan, Long Term Disability Plan, American Family Insurance Group Master Retirement Trust, 401K Plan Administrative Committee, The Committee of Employee and District Manager Retirement Plan Filed by Kathleen Tuersley, Cinda J. Durachinsky, Patricia McClain-Evans, Walid Jammal, Dana LaRiche, John Vincent. (Attachments: #1 Summons, #2 Exhibit A - Agreement, #3 Exhibit B - Agreement, #4 Exhibit C - Code of Conduct, #5 Exhibit D - Memo, #6 Exhibit E - Appt Standards, #7 Exhibit F - Agreement to License, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J - AmFam Retirement, #12 Exhibit K - 401K, #13 Exhibit L - Dental, #14 Exhibit M - Health, #15 Exhibit N - Life, #16 Exhibit O - Disability) (Landskroner, Jack) Modified text on 4/5/2013 (E,P) to modify filers. |
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Order [non-document]granting #20 Motion for Extension of Time to Answer as to Defendant's until May 13, 2013. Judge Donald C. Nugent on 3/25/13.(R,JM)
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| Filing 20 Unopposed Motion for extension of time until May 13, 2013 to answer , Move, or Otherwise Plead in Response to the Complaint filed by American Family Insurance Company, American Family Life Insurance Company, American Family Mutual Insurance Company, American Standard Insurance Company of Wisconsin. (Eckelberry, Rodger) |
| Filing 19 Waiver of Service Returned Executed by All Plaintiffs. American Family Insurance Company waiver sent on 3/14/2013, answer due 5/13/2013. filed on behalf of All Plaintiffs (Landskroner, Jack) |
| Filing 18 Notice of Filing of Redacted Exhibits G, H and I to Plaintiffs' Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit G (Redacted), #2 Exhibit H (Redacted), #3 Exhibit I (Redacted))Related document(s) #1 , #14 , #4 .(Landskroner, Jack) |
| Filing 17 Waiver of Service Returned Executed by All Plaintiffs. American Standard Insurance Company of Wisconsin waiver sent on 3/14/2013, answer due 5/13/2013. filed on behalf of All Plaintiffs (Landskroner, Jack) |
| Filing 16 Waiver of Service Returned Executed by All Plaintiffs. American Family Mutual Insurance Company waiver sent on 3/14/2013, answer due 5/13/2013. filed on behalf of All Plaintiffs (Landskroner, Jack) |
| Filing 15 Waiver of Service Returned Executed by All Plaintiffs. American Family Life Insurance Company waiver sent on 3/14/2013, answer due 5/13/2013. filed on behalf of All Plaintiffs (Landskroner, Jack) |
| Filing 14 Marginal Entry Order granting plaintiffs' Motion to allow redaction of exhibits (Related Doc #13 ). Judge Donald C. Nugent(C,KA) |
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Order [non-document]granting Motion for appearance pro hac vice by attorney Dawn M. Goulet. 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 #10 ). Judge Donald C. Nugent on 3/18/13.(R,JM)
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Order [non-document]granting Motion for appearance pro hac vice by Kara A. Elgersma 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 #11 ). Judge Donald C. Nugent on 3/18/13.(R,JM) Modified text on 3/18/2013 (B,B).
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Order [non-document]granting Motion for appearance pro hac vice by attorney Edward A. Wallace 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 #12 ). Judge Donald C. Nugent on 3/18/13.(R,JM)
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| Filing 13 Motion to Allow Redaction of Exhibits filed by Walid Jammal, Dana LaRiche. Related document(s) #4 , #1 . (Landskroner, Jack) |
| Filing 12 Motion for attorney Edward A. Wallace to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5883736, filed by Walid Jammal, Dana LaRiche. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Landskroner, Jack) |
| Filing 11 Motion for attorney Kara A. Elgersma to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5883716, filed by Walid Jammal, Dana LaRiche. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Landskroner, Jack) |
| Filing 10 Motion for attorney Dawn M. Goulet to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5883595, filed by Walid Jammal, Dana LaRiche. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Landskroner, Jack) |
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Order [non-document]granting Motion for appearance pro hac vice by Erin K. Dickinson. 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 #7 and #9 ). Judge Donald C. Nugent on 3/11/13.(R,JM)
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Order [non-document]granting Motion for appearance pro hac vice by Charles J. Crueger for Plaintiff. 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 #6 and #8 ). Judge Donald C. Nugent on 3/11/13.(R,JM)
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| Filing 9 Motion for attorney Erin K. Dickinson to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5872495, filed by Walid Jammal, Dana LaRiche. (Attachments: #1 Affidavit of Erin K. Dickinson)(Landskroner, Jack) Modified text on 3/11/2013 (B,B). Modified on 3/12/2013 (R,JM). |
| Filing 8 Motion for attorney Charles J. Crueger to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-5872373, filed by Walid Jammal, Dana LaRiche. (Attachments: #1 Affidavit of Charles J. Crueger)(Landskroner, Jack) Modified text on 3/11/2013 (B,B). Modified on 3/12/2013 (R,JM). |
| Filing 7 Motion for attorney Erin K. Dickinson to Appear Pro Hac Vice. (Affidavit of Erin K. Dickinson attached) Filing fee $ 120, receipt number 0647-5872495, filed by Walid Jammal, Dana LaRiche. (Landskroner, Jack) Modified text on 3/8/2013 (B,B). |
| Filing 6 Motion for attorney Charles J. Crueger to Appear Pro Hac Vice. (Affidavit of Charles J. Crueger attached) Filing fee $ 120, receipt number 0647-5872373, filed by Walid Jammal, Dana LaRiche. (Landskroner, Jack) Modified text on 3/8/2013 (B,B). |
| Filing 5 Original Summons issued electronically for service upon American Family Insurance Company, American Family Life Insurance Company, American Family Mutual Insurance Company, American Standard Insurance Company of Wisconsin on 3/5/2013. (Attachments: #1 Summons to American Family Life Insurance Company, #2 Summons to American Family Mutual Insurance Company, #3 Summons to American Standard Insurance Company of Wisconsin) (B,B) |
| Notice to Attorney Erin K. Dickinson. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 3/5/2013. Related document(s) #3 . (P,G) |
| Notice to Attorney Charles J. Crueger. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 3/5/2013. Related document(s) #3 . (P,G) |
| Notice to Attorney Mark Silvey. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 3/5/2013. Related document(s) #3 . (P,G) |
| Notice to Attorney Amy E. Keller. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 3/5/2013. Related document(s) #3 . (P,G) |
| Notice to Attorney Dawn M.Goulet. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 3/5/2013. Related document(s) #3 . (P,G) |
| Notice to Attorney Edward A. Wallace. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 3/5/2013. Related document(s) #3 . (P,G) |
| Filing 4 Corrected complaint with jury demand against All Defendants. Filed by Walid Jammal, Dana LaRiche. (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - Agreement, #3 Exhibit C - Code of Conduct, #4 Exhibit D - Memo, #5 Exhibit E - Appt. Standards, #6 Exhibit F - Agreement to License, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J - Retirement, #11 Exhibit K - 401K, #12 Exhibit L - Dental, #13 Exhibit M - Health, #14 Exhibit N - Life, #15 Exhibit O - Disability, #16 Summons American Family Insurance Company, #17 Summons American Family Life Ins Co, #18 Summons American Family Mut Ins Co, #19 Summons American Standard) (Landskroner, Jack) Modified text pursuant to telephone call from attorney on 3/5/2013 (B,B). |
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Order [non-document]granting Plaintiffs' Motion To Amend Caption (Related Doc #3 ) Judge Donald C. Nugent on 3/4/13.(R,JM) Modified text on 3/4/2013 (B,B).
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| Filing 3 Motion to Amend Caption filed by Walid Jammal, Dana LaRiche. (Landskroner, Jack) |
| Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (C,BA) |
| Judge Donald C. Nugent assigned to case. (C,BA) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (C,BA) |
| Notice to Attorney Gregory F. Coleman. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,G) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 350, Receipt number 0647-5859480. Filed by Walid Jammal, Dana LaRiche. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Agreement, #3 Exhibit B - Agreement, #4 Exhibit C - Code of Conduct, #5 Exhibit D - Memo, #6 Exhibit E - Appt. Standards, #7 Exhibit F - Agreement to License, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J - Retirement, #12 Exhibit K - 401K, #13 Exhibit L - Dental, #14 Exhibit M - Health, #15 Exhibit N - Life, #16 Exhibit O - Disability) (Landskroner, Jack) |
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