Spiewacki v. Ford Motor Company-UAW Retirement Board of Administration et al
Plaintiff: Thomas Spiewacki
Defendant: Ford Motor Company, Ford Motor Company UAW Retirement Plan and Ford Motor Company-UAW Retirement Board of Administration
Case Number: 1:2013cv01972
Filed: September 6, 2013
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: James S Gwin
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28:1132
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 1, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2014 Filing 36 Judgment Entry signed by Judge James S. Gwin on 5/1/14. The Court, having issued its Opinion and Order, grants defendants' motion for summary judgment, enters judgment on plaintiff's claims in favor of defendants and terms this case pursuant to Federal Rule of Civil Procedure 58. (Related Doc. #35 ) (M,G)
May 1, 2014 Opinion or Order Filing 35 Opinion and Order signed by Judge James S. Gwin on 5/1/14 granting defendants' motion for summary judgment. (Related Doc. #29 ) (M,G)
April 28, 2014 Filing 34 Opposition to #29 Cross Motion for judgment on the merits Memorandum in Opposition to Defendants' Cross-Motion for Judgment on the Merits filed by Thomas Spiewacki. (Attachments: #1 Affidavit Affidavit of Thomas Spiewacki in Support of Memorandum in Opposition to Defendants' Cross-Motion for Judgment on the Pleadings)(Malone, Andrew)
April 9, 2014 Opinion or Order Filing 33 Bench Trial Order signed by Judge James S. Gwin on 4/9/14. Final pretrial conference set for 5/20/14 at 12:00 noon, Chambers 18A (Cleveland). Bench trial assigned on a two-week standby basis beginning 5/27/14 at 8:00 a.m., Courtroom 18A (Cleveland). IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G)
April 9, 2014 Opinion or Order Filing 32 Opinion and Order signed by Judge James S. Gwin on 4/9/14 denying plaintiff's motion for extension of time to file a dispositive motion; plaintiff must respond to defendants' cross-motion for judgment on the merits by 4/28/14. (Related Doc. #30 , #29 ) (M,G)
April 8, 2014 Filing 31 Response to #30 Motion for extension of time to Plaintiff's Motion for Extension of Time to File Any Opening Brief or Dispositive Motion filed by All Defendants. (Cates, Ryan)
April 7, 2014 Filing 30 Motion for extension of time to File Any Opening Brief or Dispositive Motion filed by Plaintiff Thomas Spiewacki (Related document(s) #19 ) (Malone, Andrew). Modified text on 4/8/2014 (H,SP).
April 7, 2014 Filing 29 Cross Motion for judgment on the merits filed by Ford Motor Company, Ford Motor Company UAW Retirement Plan, Ford Motor Company-UAW Retirement Board of Administration. (Attachments: #1 Memorandum in Support, #2 Declaration of Michelle Block) (Cates, Ryan). Modified text on 4/8/2014 (H,SP).
February 26, 2014 Opinion or Order Filing 28 Opinion and Order signed by Judge James S. Gwin on 2/26/14 granting plaintiff's motion for limited discovery as set forth in this entry. The Court denies as moot plaintiff's motion for leave to file a reply to the motion. (Related Docs. #22 , #27 ) (M,G)
February 21, 2014 Filing 27 Motion for leave to File Reply Brief in Support of Motion for Discovery, Instanter filed by Plaintiff Thomas Spiewacki. (Related document(s) #22 , #26 ). (Attachments: #1 Exhibit A, Reply Brief) (Malone, Andrew). Modified text on 2/21/2014 (H,SP).
February 20, 2014 Filing 26 Reply to response to #22 Motion for Discovery filed by Thomas Spiewacki (Malone, Andrew). Modified text on 2/21/2014 (H,SP).
February 20, 2014 Filing 25 FILING ERROR, WRONG EVENT USED. DOCUMENT IS A MOTION. Reply to response to #22 Motion Plaintiff's Motion for Discovery Plaintiff's Motion for Leave to File Reply Brief in Support of Motion for Discovery, Instanter filed by Thomas Spiewacki. (Attachments: #1 Exhibit A - Reply Brief) (Malone, Andrew). Modified on 2/21/2014 for filing error, counsel notified, NEF regenerated (H,SP).
February 18, 2014 Filing 24 Response in Opposition to #22 Motion for Discovery filed by All Defendants. (Attachments: #1 Exhibit A - Cramer v. Appalachian Regional Healthcare, Inc., #2 Exhibit B - Mullica v. Minnesota Life Ins. Co., #3 Exhibit C - Thacker v. Schneider Electric USA, Inc.) (Cates, Ryan). Modified text on 2/18/2014 (H,SP).
February 13, 2014 Filing 23 FILING ERROR, DOCUMENT IS NOT TEXT SEARCHABLE. Response to #22 Motion for Discovery in Opposition filed by All Defendants. (Attachments: #1 Exhibit A-Cramer v. Appalachian Regional Healthcare, Inc., #2 Exhibit B-Mullica v. Minnesota Life Ins. Co., #3 Exhibit C-Thacker v. Schneider Electric USA, Inc.) (Cates, Ryan). Modified on 2/18/2014 for filing error, counsel notified of error and to refile, NEF regenerated (H,SP).
January 31, 2014 Filing 22 Motion Plaintiff's Motion for Discovery filed by Plaintiff Thomas Spiewacki. (Attachments: #1 Brief in Support) (Malone, Andrew). Modified text on 2/5/2014 (H,SP).
January 31, 2014 Filing 21 Joint Proposed Stipulation of Administrative Record filed by All Defendants. (Attachments: #1 Appendix 1 to Administrative Record, #2 Appendix 2 to Administrative Record)(Cates, Ryan)
January 31, 2014 Filing 20 Plaintiff's Notice of Withdrawal of Jury Demand filed by Thomas Spiewacki. (Malone, Andrew)
January 14, 2014 Minutes of proceedings[non-document] before Magistrate Judge Kenneth S. McHargh. Mediation Conference held on 1/14/2014. Participating were: Attorney Andrew Malone and Plaintiff Thomas Spiewacki; Attorney Matthew Hoyt and Party Representative Michelle Block. Case did not settle. Additional pending offers still being evaluated. Referral Terminated Time: 3 1/2 hours. (R,N)
January 14, 2014 Opinion or Order Filing 19 Order signed by Judge James S. Gwin on 1/14/14 reassigning the dates earlier set forth in the Case Management Conference Plan/Order. The stipulated administrative record shall be filed by 1/31/14; plaintiffs motion for jury trial shall also be filed by 1/31/14 with defendants response due 2/14/14. Opening briefs, assuming this case proceeds on the briefs, shall be filed by 4/7/14 and response briefs shall be filed by 4/28/14. (Related Doc. #15 ) (M,G)
January 6, 2014 Filing 18 IMPORTANT: At Defendant's request, the mediation conference has been rescheduled to 1/14/2014 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. Mediation statements due in chambers by close of business on 1/7/14 #17 . (R,N)
December 30, 2013 Opinion or Order Filing 17 Order Setting Mediation Conference for 1/16/2014 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. At least five court days prior to the conference (1/9/14), each party shall submit a confidential statement to the Magistrate Judge. Parties are to comply with the dates listed within this Order. Signed by Magistrate Judge Kenneth S. McHargh on 12/30/13. (R,N)
December 20, 2013 Opinion or Order Filing 16 Order referring case to Magistrate Judge Kenneth S. McHargh for Mediation signed by Judge James S. Gwin on 12/20/13. The mediation shall place the week of 1/13/14 or as soon thereafter as possible. (M,G)
December 20, 2013 Opinion or Order Filing 15 Case Management Conference Plan/Order signed by Judge James S. Gwin on 12/20/13. Case assigned to the Standard Track. Parties to be joined and pleadings amended by 12/19/13. Stipulated administrative record due 1/27/14, plaintiff's motion for jury trial due 1/20/14 with response to be filed by 2/3/14. Assuming the case proceeds on the briefs the opening briefs due 3/17/14 and response briefs due 4/7/14. (M,G)
December 19, 2013 Filing 14 Minutes of case management conference before Judge James S. Gwin on 12/19/13. (Court Reporter: none; Time: 45 min.) (M,G)
December 18, 2013 Filing 13 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Thomas Spiewacki. (Malone, Andrew)
December 16, 2013 Filing 12 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Cates, Ryan)
December 16, 2013 Filing 11 Corporate Disclosure Statement filed by All Defendants. (Cates, Ryan)
December 4, 2013 Filing 10 Defendants Answer to #1 Complaint, and Defenses filed by Ford Motor Company, Ford Motor Company UAW Retirement Plan, Ford Motor Company-UAW Retirement Board of Administration. (Cates, Ryan)
November 18, 2013 Opinion or Order Filing 9 Case Management Conference Scheduling Order signed by Judge James S. Gwin on 11/18/13 setting a conference for 12/19/13 at 10:00 a.m., Chambers 18A (Cleveland). IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (M,G)
November 18, 2013 Filing 8 Magistrate Consent Package issued 11/18/13 on behalf of Judge James S. Gwin. (M,G)
November 12, 2013 Opinion or Order Order [non-document] entered by Judge James S. Gwin on 11/12/13 granting motion of Defendants Ford for extension of time until 12/4/13 to file answers to the complaint. There will be no further extensions. (Related Doc. #7 ) (M,G)
November 8, 2013 Filing 7 Unopposed Motion for extension of time until 12/4/2013 to answer Complaint filed by Ford Motor Company, Ford Motor Company UAW Retirement Plan, Ford Motor Company-UAW Retirement Board of Administration. (Attachments: #1 Pleading Proposed Order)(Cates, Ryan)
November 5, 2013 Filing 6 Return of Service by certified mail executed upon Ford Motor Company-UAW Retirement Board of Administration on 10/23/2013, service by counsel, filed on behalf of Thomas Spiewacki (Malone, Andrew). Modified text on 11/7/2013 (H,SP).
November 5, 2013 Filing 5 Return of Service by certified mail executed upon Ford Motor Company UAW Retirement Plan on 10/23/2013, service by counsel, filed on behalf of Thomas Spiewacki (Malone, Andrew). Modified text on 11/7/2013 (H,SP).
November 5, 2013 Filing 4 Return of Service by certified mail executed upon Ford Motor Company on 10/23/2013, service by counsel, filed on behalf of Thomas Spiewacki (Malone, Andrew). Modified text on 11/7/2013 (H,SP).
September 12, 2013 Judge James S. Gwin assigned to case. Judge Solomon Oliver, Jr terminated. (C,BA)
September 12, 2013 Opinion or Order Filing 3 Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Signed by Judge Solomon Oliver, Jr on 9/12/2013. (D,M)
September 6, 2013 Filing 2 Original Summons and Magistrate Consent Form issued for service upon Ford Motor Company, Ford Motor Company UAW Retirement Plan, Ford Motor Company-UAW Retirement Board of Administration. (Attachments: #1 Magistrate Consent Form) (C,B)
September 6, 2013 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,B)
September 6, 2013 Judge Solomon Oliver, Jr assigned to case. (C,B)
September 6, 2013 Filing 1 Complaint with jury demand against Ford Motor Company, Ford Motor Company UAW Retirement Plan, Ford Motor company-UAW Retirement Board of Administration. Filing fee paid $ 400, Receipt number 0647-6174123. Filed by Thomas Spiewacki. (Attachments: #1 Exhibit September 14, 2011 letter, #2 Exhibit October 16, 2012 decision, #3 Exhibit February 5, 2013 decision, #4 Civil Cover Sheet, #5 Summons) (Malone, Andrew) Modified on 9/6/2013 (C,B).

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Plaintiff: Thomas Spiewacki
Represented By: Andrew Roger Malone
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Defendant: Ford Motor Company
Represented By: Matthew W. Hoyt
Represented By: Ryan A. Cates
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Defendant: Ford Motor Company UAW Retirement Plan
Represented By: Matthew W. Hoyt
Represented By: Ryan A. Cates
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Defendant: Ford Motor Company-UAW Retirement Board of Administration
Represented By: Matthew W. Hoyt
Represented By: Ryan A. Cates
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