Gallo et al v. Moen Incorporated
| John L. Gallo, Theodore J. Wallace, Donald M. Weaver, Mary C. Savage, Robert G. Weitzel, John W. Girman and Thomas E. Nichols |
| Moen Incorporated |
| 1:2013cv02440 |
| November 1, 2013 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| James S Gwin |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2016. A more recent docket listing may be available from PACER.
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| Filing 86 Judgment signed by Judge James S. Gwin on 11/28/16. The Court enters judgment in favor of Defendant Moen consistent with the 2/8/16 opinion and judgment of the United States Court of Appeals for the Sixth Circuit. The Court vacates its declaration that the retirement healthcare benefits described in the collective bargaining agreements and the plant closing agreement between the parties are lifetime, vested benefits. The permanent injunction entered on 6/23/14 enjoining Defendant Moen from terminating class members' retirement healthcare benefits shall be dissolved effective 60 days after Moen provides notice to class members of any material modification to the terms of the plan. This action is terminated under Federal Rule of Civil Procedure 58. (D,MA) |
| Filing 85 Response to #84 Motion for Entry of Judgment filed by All Plaintiffs. (Goldstein, Joyce) |
| Filing 84 Motion for Entry of Judgment filed by Defendant Moen Incorporated. (Attachments: #1 Proposed Judgment and Order)(Burchfield, Bobby) Modified text on 11/14/2016 (W,CM). |
| Filing 83 True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Court's grant of summary judgment, Vacate the attorney's fee award, and Remand the case for the District Court to enter judgment for the defendant re Notice of Appeals #63 and #70 (USCA# 14-3633 & 14-3918). Date issued as mandate 11/3/16, Costs: None (H,SP) |
| Filing 82 Appeal Order from US Supreme Court: The petition for a writ of certiorari is denied re #81 (No. 16-222) (H,SP) |
| Filing 81 Appeal Remark from US Supreme Court: The petition for a writ of certiorari was filed on 8/15/16 and placed on the docket 8/18/16 as No. 16-222 (H,SP) |
| Filing 80 Appeal Order from USCA for the Sixth Circuit: The mandate is stayed to allow appellees time to file a petition for a writ of certiorari re Notice of Appeals #63 and #70 (USCA# 14-3633 & 14-3918). Date issued by USCA 6/13/16 (H,SP) |
| Filing 79 Appeal Order from USCA for the Sixth Circuit: Staying the mandate to allow appellees time to file a petition for a writ of certiorari re Notice of Appeals #63 and #70 (USCA# 14-3663 & 14-3918). Circuit Judges: Boggs, Sutton, and Stranch. Date issued by USCA 3/25/16 (H,SP) |
| Filing 77 Notice of Withdrawal of Kirk Watkins as Counsel for Moen Incorporated filed by Moen Incorporated. (Rogaczewski, Joshua) |
| Filing 76 Notice of Withdrawal of counsel Prashant Kolluri on Behalf of Moen Incorporated filed by Moen Incorporated. (Kolluri, Prashant) |
| Filing 75 Notice of Withdrawal of counsel Sam P. Myler on Behalf of Moen Incorporated filed by Moen Incorporated (Watkins, Kirk). Modified text on 9/24/2014 (H,SP). |
Filing 74
Order signed by Judge James S. Gwin on 9/23/14 granting defendant's unopposed motion to stay execution of this Court's order granting plaintiffs' motion for attorneys' fees and expenses. (Related Doc. #73 ) (M,G)
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| Filing 73 Unopposed Motion to stay execution of order granting plaintiffs' motion for attorney's fees and expenses filed by Defendant Moen Incorporated. Related document(s) #69 . (Attachments: #1 Exhibit A--Supersedeas Bond, #2 Exhibit B--Proposed Order)(Rogaczewski, Joshua) |
| Filing 72 Transcript Request by Moen Incorporated re #70 Notice of Appeal,. Transcript is unnecessary, there were no hearings. (Rogaczewski, Joshua) |
| Filing 71 Acknowledgment from the USCA for Sixth Circuit of receipt of #70 Notice of Appeal (USCA# 14-3918). Date filed in USCA 9/15/14. (H,SP) |
| Filing 70 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #69 Opinion and Order of 9/11/14, filed by Moen Incorporated. (Filing fee of $505 paid, receipt number 0647-6731648) (Rogaczewski, Joshua). Modified text on 9/15/2014 (H,SP). |
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Filing 69
Opinion and Order signed by Judge James S. Gwin on 9/11/14. The Court grants Plaintiffs' #66 motion for attorney's fees in the amount of $765,620 and grants in part and denies in part their motion for costs. The Court allows costs in the amount of $11,147.19, reflecting the disallowance of $2,244 in copying costs. This leaves the total award of fees and costs at $776,767.19.(S,HR)
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| Filing 68 Reply in support of #66 Motion for attorney fees and expenses by Joyce Goldstein filed by John L. Gallo, John W. Girman, Thomas E. Nichols, Mary C. Savage, Theodore J. Wallace, Donald M. Weaver, Robert G. Weitzel. (Attachments: #1 Exhibit Declaration, Devon Robotics)(Goldstein, Joyce) |
| Filing 67 Opposition to #66 Motion for attorney fees and expenses by Joyce Goldstein filed by Moen Incorporated. (Watkins, Kirk) |
| Filing 66 Motion for attorney fees and expenses by Joyce Goldstein filed by John L. Gallo, John W. Girman, Thomas E. Nichols, Mary C. Savage, Theodore J. Wallace, Donald M. Weaver, Robert G. Weitzel. (Attachments: #1 Exhibit A - FBHS 2013 Annual Report, #2 Exhibit B - Moen Email 1-10-2014, #3 Exhibit C - Declaration of Joyce Goldstein, #4 Exhibit 1 to Goldstein Declaration, Labor Cases, Northern District of Ohio, #5 Exhibit 2 to Goldstein Declaration, Labor Cases, Sixth Circuit, #6 Exhibit 3 to Goldstein Declaration, Goldstein Resume, #7 Exhibit 4 to Goldstein Declaration, Qualifications of Richard L. Stoper, Jr., #8 Exhibit 5 to Goldstein Declaration, Qualifications of Julie A. Wagner, #9 Exhibit 6 to Goldstein Declaration, Accounting of Time and Expenses, #10 Exhibit D, Opinion, Rose v. Volvo, #11 Exhibit E, Laffey Matrix, Legal Services, #12 Exhibit F, Laffey Matrix, U.S. Attorneys' Office, #13 Exhibit G, Declaration of William Payne, #14 Exhibit H, Representation Agreements)(Goldstein, Joyce) |
| Filing 65 Transcript Request by Moen Incorporated re #63 Notice of Appeal,. Transcript is already on file. (Rogaczewski, Joshua) |
| Filing 64 Acknowledgment from the USCA for Sixth Circuit of receipt of #63 Notice of Appeal (USCA# 14-3633). Date filed in USCA 6/30/14. (H,SP) |
| Filing 63 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #29 Opinion and Order, #41 Opinion and Order, #61 Opinion and Order, and #62 Judgment, filed by Moen Incorporated. (Filing fee of $505 paid, receipt number 0647-6610786) (Rogaczewski, Joshua). Modified text on 6/30/2014 (H,SP). |
| Filing 62 Judgment signed by Judge James S. Gwin on 6/23/14. The Court, having entered its Opinion and Order, grants plaintiffs' motion for summary judgment, denies defendant's motion for summary judgment, enters a permanent injunction and terminates this action under Federal Rule of Civil Procedure 58. (Related Doc. #61 ) (M,G) |
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Filing 61
Opinion and Order signed by Judge James S. Gwin on 6/23/14. The Court grants plaintiffs' motion for summary judgment and denies defendant's motion for summary judgment. The Court declares the retirement benefits to be lifetime, vested benefits, enters a permanent injunction as set forth in the entry and denies as moot and without prejudice defendant's motion to strike plaintiffs' jury demand. (Related Docs. #51 , #52 , #57 ) (M,G)
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| Filing 60 Transcript of Oral Argument held on June 6, 2014 before Judge James S. Gwin. To obtain a bound copy of this transcript please contact court reporter Judy Gage at 216-357-7238. [44 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 6/16/2014. Redaction Request due 6/30/2014. Redacted Transcript Deadline set for 7/10/2014. Release of Transcript Restriction set for 9/8/2014. Related document(s) #59 . (G,Ju) |
| Filing 59 Expedited Non-Appeal Transcript Order Form for proceedings held on June 6, 2014 before Judge Hon. James S. Gwin. Court Reporter: Judith Gage. Requested completion date: June 13, 2014 filed by Moen Incorporated. (Rogaczewski, Joshua) Modified text on 6/9/2014 (H,SP). |
| Filing 58 Minutes of oral argument on dispositive motions before Judge James S. Gwin on 6/6/14. (Court Reporter: J. Gage; Time: 58 min.) (Related Docs. #51 , #52 ) (M,G) |
| Filing 57 Motion to strike Plaintiffs' jury demand filed by Defendant Moen Incorporated. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - UAW's Answers to Interrogatories)(Watkins, Kirk) |
| Filing 56 Reply to response to #52 Motion for summary judgment and Memorandum in Support filed by Moen Incorporated. (Watkins, Kirk) |
| Filing 55 Reply to response to #51 Motion for summary judgment filed by All Plaintiffs. (Attachments: #1 John Girman Deposition Excerpts, #2 Robyn Hill Deposition Excerpts, #3 Cynthia Sacko Deposition Excerpts, #4 Deposition Exhibit 22, PowerPoint Presentation Regarding Retiree Health Termination, #5 Deposition Exhibit 62, Spreadsheet of Retiree Health Plans) (Goldstein, Joyce). Modified text on 5/16/2014 (H,SP). |
| IMPORTANT: Notice [non-document] that the oral arguments on pending dispositive motions will be conducted on 6/6/14 at 8:30 a.m., Courtroom 18A (Cleveland) before Judge James S. Gwin. (Related Docs. #51 , #52 ) (M,G) |
| Filing 54 Opposition to #51 Motion for summary judgment filed by Moen Incorporated. (Attachments: #1 Exhibit 1 - Hill Deposition excerpts, #2 Exhibit 2 - Sacko Deposition excerpts, #3 Exhibit 3 - Croft Deposition excerpts, #4 Exhibit 4 - Ed Hoffman Declaration, #5 Exhibit 5 - Pohorence Deposition excerpts, #6 Exhibit 6 - Gallo Deposition excerpts, #7 Exhibit 7 - Berki Deposition excerpts, #8 Exhibit 8 - Girman Depositioin excerpts, #9 Exhibit 9 - Weitzel Deposition excerpts, #10 Exhibit 10 - LaChance Deposition excerpts, #11 Exhibit 11 - Wallace Deposition excerpts, #12 Exhibit 12 - Boggess Deposition excerpts, #13 Exhibit 13 - Connolly Deposition excerpts, #14 Exhibit 14 - Moen Philanthropy Documents, #15 Exhibit 15 - Corporate Giving Report) (Watkins, Kirk). Modified text on 5/9/2014 (H,SP). |
| Filing 53 Opposition to #52 Motion for summary judgment and Memorandum in Support filed by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of Veronica Gilbert, #2 Exhibit B - Affidavit of Angelo Vasi, #3 Appendix Index, #4 George Berki Deposition Excerpts, #5 Ronald Boggess Deposition Excerpts, #6 Tom Croft Deposition Excerpts, #7 John Gallo Deposition Excerpts, #8 John Girman Deposition Excerpts, #9 Robyn Hill Deposition Excerpts, #10 David LaChance Deposition Excerpts, #11 Michael Pohorence Deposition Excerpts, #12 Cynthia Sacko Deposition Excerpts, #13 Angelo Vasi Deposition Excerpts, #14 Theodore Wallace Deposition Excerpts, #15 Robert Weitzel Deposition Excerpts, #16 Plaintiff's Deposition Exhibit 4 - 1983 CBA, #17 Plaintiff's Deposition Exhibit 8 - 1996 CBA, #18 Plaintiff's Deposition Exhibit 11 - 2005 CBA, #19 Plaintiff's Deposition Exhibit 30 - Correspondence from D.H. Cutler to UAW, June 18, 1975, #20 Plaintiff's Deposition Exhibit 34, Plant Closing Agreement 3-24-2008 (executed)) (Goldstein, Joyce). Modified text on 5/9/2014 (H,SP). |
| Filing 52 Motion for summary judgment and Memorandum in Support filed by Defendant Moen Incorporated. (Attachments: #1 Exhibit A--Hill Declaration, #2 Exhibit A1--1955 CBA (excerpts), #3 Exhibit A2--1958 CBA (excerpts), #4 Exhibit A3--1961 CBA, #5 Exhibit A4--1965 CBA, #6 Exhibit A5--1968 CBA, #7 Exhibit A6--1971 CBA, #8 Exhibit A7--1974 CBA, #9 Exhibit A8--1976 CBA, #10 Exhibit A9--1980 CBA, #11 Exhibit A10--1983 CBA, #12 Exhibit A11--1985 CBA, #13 Exhibit A12--1987 CBA, #14 Exhibit A13--1991 CBA, #15 Exhibit A14--1996 CBA, #16 Exhibit A15--1999 CBA, #17 Exhibit A16--2002 CBA, #18 Exhibit A17--2005 CBA, #19 Exhibit A18--1983 Strike Settlement Agreement, #20 Exhibit A19--Stanadyne Settlement Ageement, #21 Exhibit A20--1996 SPD, #22 Exhibit A21--Pension Plan, #23 Exhibit A22--Closure Effects Agreement, #24 Exhibit B--Vasi Affidavit, #25 Exhibit C--Berki Dep (excerpts), #26 Exhibit D--Girman Dep (excerpts), #27 Exhibit E--Weitzel Dep (excerpts), #28 Exhibit F--Pohorence Dep (excerpts), #29 Exhibit G--UAW Dep (excerpts), #30 Exhibit H--Hill Dep (excerpts))(Meuti, Michael) |
| Filing 51 Motion for summary judgment filed by John L. Gallo, John W. Girman, Thomas E. Nichols, Mary C. Savage, Theodore J. Wallace, Donald M. Weaver, Robert G. Weitzel. (Attachments: #1 Brief in Support, #2 Appendix Index, #3 Exhibit A - Letters to Surviving Spouses, #4 Exhibit B - Medicare Reminder Letters, #5 Exhibit C - Medicare Tickler Forms, #6 George Berki Deposition Excerpts, #7 Ronald Boggess Deposition Excerpts, #8 Erin Connolly Deposition Excerpts, #9 Tom Croft Deposition Excerpts, #10 John Gallo Deposition Excerpts, #11 John Girman Deposition Excerpts, #12 Robyn Hill Deposition Excerpts, #13 David LaChance Deposition Excerpts, #14 Michael Pohorence Deposition Excerpts, #15 Cynthia Sacko Deposition Excerpts, #16 Theodore Wallace Deposition Excerpts, #17 Robert Weitzel Deposition Excerpts, #18 Plaintiff's Deposition Exhibit 2, 1961 CBA, #19 Plaintiff's Deposition Exhibit 4, 1983 CBA, #20 Plaintiff's Deposition Exhibit 5, 1983 CBA, #21 Plaintiff's Deposition Exhibit 7, 1991 CBA, #22 Plaintiff's Deposition Exhibit 8, 1996 CBA, #23 Plaintiff's Deposition Exhibit 9, 1999 CBA, #24 Plaintiff's Deposition Exhibit 10, 2002 CBA, #25 Plaintiff's Deposition Exhibit 11, 2005 CBA, #26 Plaintiff's Deposition Exhibit 13, Email from Connolly to Spagnola, 8-17-2012, #27 Plaintiff's Deposition Exhibit 14, UAW Negotiation Transcript, #6, 2-5-1991, #28 Plaintiff's Deposition Exhibit 15, Moen Retiree Health Enrollment Form, Robert Weitzel, #29 Plaintiff's Deposition Exhibit 16, Moen Non-Union Retiree Health Enrollment Forms, #30 Plaintiff's Deposition Exhibit 20, Outlook Meeting Notice 9-18-2012 with Handwritten Notes, #31 Plaintiff's Deposition Exhibit 24, Retiree Health Insurance Termination Letters, 3-18-2013, #32 Plaintiff's Deposition Exhibit 30, Letter from DH Cutler, Moen, to UAW 6-18-1975, #33 Plaintiff's Deposition Exhibit 33, Fax from LaChance to Sacko, 2-28-2008, #34 Plaintiff's Deposition Exhibit 34, Plant Closing Agreement 3-24-2008 (executed), #35 Plaintiff's Deposition Exhibit 49, Memorandum from Sacko to Retirement Applicants, 2-28-1996, #36 Plaintiff's Deposition Exhibit 56, Email from Connolly to Spagnola, 8-17-2012, #37 Plaintiff's Deposition Exhibit 57, Outlook Appt. from Feiler to Connolly, 8-18-2012, #38 Plaintiff's Deposition Exhibit 58, Email from Shimrak to Multiple Recipients, 8-29-2012, #39 Plaintiff's Deposition Exhibit 66, Moen Privilege Log, #40 Weitzel Deposition Exhibit 16, Letter from Sacko to Plan Participants, 11-18-2005, #41 Boggess Deposition Exhibit 15, 1985 CBA) (Goldstein, Joyce). Modified text on 4/28/2014 (H,SP). |
| Filing 50 Notice of Withdrawal of Nancy Ross on Behalf of Moen Incorporated filed by Moen Incorporated. (Meuti, Michael) |
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Filing 49
Marginal Entry Order signed by Judge James S. Gwin on 3/21/14 granting defendant's motion to set trial on date certain. The jury trial, pursuant to agreement of all counsel, is rescheduled to 7/28/14 at 8:00 a.m., on a two-week standby basis. The final pretrial is reset for 7/24/14 at 8:30 a.m. (Related Doc. #48 ) (M,G)
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| Minute Order [non-document] of Telephone Status Conference held on 3/17/14 concerning a discovery dispute (Related docs. #44 , #46 , #47 ). Participating were: Attorneys Richard Stoper and Joyce Goldstein for the Plaintiffs and Attorneys Joshua Rogaczewski and Kirk Watkins for the Defendant. The parties conferred further in an attempt to resolve one outstanding issue, without success, and submitted a status report to the court. Having considered the arguments of the parties on the issues, the court hereby rules as follows: (1) The UAW shall provide Rule 30(b)(6) deponent(s) to testify to the UAW's institutional knowledge (if any) on topics # 2-10, and 16. (2) The UAW shall provide Rule 30(b)(6) deponent(s) to testify to the UAW's institutional knowledge (if any) on topic # 1, but limited to bargaining strategy relating to negotiations with Moen. (3) The court has considered the arguments of the parties and finds that Topic #12 is irrelevant, and unreasonably burdensome. The deponent(s) need not address this topic. IT IS SO ORDERED. Entered on behalf of Magistrate Judge Kenneth S. McHargh on 3/20/14. Time: 1 hour, Referral Terminated. (R,N) |
| Filing 48 Motion to Set Trial on Date Certain filed by Defendant Moen Incorporated. (Watkins, Kirk) |
| Filing 47 Status Report Regarding Discovery Dispute filed by All Plaintiffs. (Attachments: #1 Exhibit Letter, 3-18-2014 from Watkins to Stoper, #2 Exhibit Letter, 3-19-2014 from Stoper to Watkins)Related document(s) #46 , #45 , #44 .(Stoper, Richard) |
| Filing 46 Response to Notice of Discovery Dispute filed by Moen Incorporated. Related document(s) #44 . (Attachments: #1 Exhibit A - 2.24.14 Email from Rick Stoper to Kirk Watkins) (Watkins, Kirk) |
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Filing 45
Order signed by Judge James S. Gwin on 3/14/14 referring case to Magistrate Judge Kenneth S. McHargh for resolution of discovery dispute. (Related Doc. #44 ) (M,G)
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| Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephone Conference was held on 3/14/14. Participating were: Attorney Richard Stoper for the Plaintiff and Attorneys Joshua Rogaczewski and Kirk Watkins for the Defendant. A Telephone Conference is set for 3/17/2014 at 1:00 PM before Magistrate Judge Kenneth S. McHargh. Parties to contact the Court's Bridge Line at: 216-357-7030, Extension: 3212 Access Code: 723071 Time: 5 minutes. (R,N) |
| Filing 44 Notice of Discovery Dispute filed by All Plaintiffs. (Attachments: #1 Exhibit UAW 30(b)(6) Notice of Videotaped Deposition, #2 Exhibit Correspondence from Stoper to Watkins, 3-11-2014, #3 Exhibit Correspondence from Watkins to Stoper, 3-13-2014)(Goldstein, Joyce) |
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Filing 43
Order signed by Judge James S. Gwin on 3/10/14 granting the parties' stipulated Federal Rule of Evidence 502(d) order. (Related Doc. #39 ) (M,G)
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Filing 42
Marginal Entry Stipulation & Order approved by Judge James S. Gwin on 3/10/14 granting, in part, plaintiffs' motion for class certification and appointment of class counsel. (Related Doc. #38 , #32 ) (M,G)
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Filing 41
Opinion and Order signed by Judge James S. Gwin on 3/10/14 granting, in part, plaintiffs' motion to extend all deadlines. Dispositive discovery due by 4/17/14, dispositive motions due 4/24/14 with responses to be filed by 5/8/14 and replies due by 5/15/14. All discovery due by 6/27/14. Final pretrial conference set for 7/2/14 at 12:00 noon, Chambers 18A (Cleveland). Jury trial is assigned on a two-week standby basis beginning 7/7/14 at 8:00 a.m., Courtroom 18A (Cleveland). The Court denies defendant's motion to increase the bond. (Related Docs. #31 , #36 ) (M,G)
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| Filing 40 Reply to response to #31 Motion for bond increase filed by Moen Incorporated. (Myler, Sam) |
| Filing 39 Unopposed Motion for Fed. R. Evid. 502(d) Order filed by Defendant Moen Incorporated. (Attachments: #1 Proposed Order)(Watkins, Kirk) |
| Filing 38 Joint Proposed Stipulation for Entry of Order Granting in Part Plaintiffs' Motion for Class Certification and Appointment of Class Counsel filed by Moen Incorporated. (Attachments: #1 Exhibit A - Stanadyne Settlement Agreement)Related document(s) #32 .(Watkins, Kirk) |
| Filing 37 Response to #36 Motion for extension of deadlines (With Request for Expedited Decision) filed by Moen Incorporated. (Attachments: #1 Exhibit A - Watkins Declaration, #2 Exhibit B - 3.3.14 Email, #3 Exhibit C - Responses and Objections to Document Requests, #4 Exhibit D - Amended Responses and Objections to Document Requests, #5 Exhibit E - Notice of Depositions)(Watkins, Kirk) |
| Filing 36 Motion for extension of deadlines by sixty days (With Request for Expedited Decision) filed by John L. Gallo, John W. Girman, Thomas E. Nichols, Mary C. Savage, Theodore J. Wallace, Donald M. Weaver, Robert G. Weitzel. (Related document(s) #27 ). (Attachments: #1 Exhibit Declaration of Richard L. Stoper, Jr., #2 Exhibit A, Email from Watkins, 1-31-2014, #3 Exhibit B, Email from Stoper, 1-31-2014, #4 Exhibit C, Email among counsel, #5 Exhibit D, Email producing documents) (Goldstein, Joyce). Modified text on 3/4/2014 (H,SP). |
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Order [non-document] entered by Judge James S. Gwin on 2/28/14 approving the motions for admission pro hac vice of Attorneys Bobby R. Burchfield and Joshua D. Rogaczewski on behalf of Defendant Moen Inc. 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. #34 , #35 ) (M,G)
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| Filing 35 Motion for attorney Joshua D. Rogaczewski to Appear Pro Hac Vice. Filing fee $120, receipt number 0647-6422379, filed by Defendant Moen Incorporated. (Attachments: #1 Exhibit A: Affidavit of Joshua D. Rogaczewski, #2 Exhibit B: Certificate of Good Standing) (Meuti, Michael). Modified text on 2/26/2014 (G,CA). Modified text on 2/27/2014 (H,SP). |
| Filing 34 Motion for attorney Bobby R. Burchfield to Appear Pro Hac Vice. Filing fee $120, receipt number 0647-6422278, filed by Defendant Moen Incorporated. (Attachments: #1 Exhibit A: Affidavit of Bobby R. Burchfield, #2 Exhibit B: Certificate of Good Standing) (Meuti, Michael). Modified text on 2/26/2014 (G,CA). Modified text on 2/27/2014 (H,SP). |
| Filing 33 Opposition to #31 Motion for bond increase filed by All Plaintiffs. (Attachments: #1 Exhibit Email From Oswald Companies, #2 Exhibit Fortune Brands Earnings Release)(Goldstein, Joyce) |
| Filing 32 Motion for class certification and Motion for appointment of Class Counsel filed by John L. Gallo, John W. Girman, Thomas E. Nichols, Mary C. Savage, Theodore J. Wallace, Donald M. Weaver, Robert G. Weitzel. (Attachments: #1 Brief in Support, #2 Exhibit Declaration of John Girman, #3 Exhibit Declaration of Thomas Nichols, #4 Exhibit Declaration of Mary Savage, #5 Exhibit Declaration of Theodore Wallace, #6 Exhibit Declaration of Donald Weaver, #7 Exhibit Declaration of Robert Weitzel, #8 Exhibit Declaration of Joyce Goldstein) (Goldstein, Joyce). Added Motion for appointment of counsel on 2/19/2014 (H,SP). |
| Filing 31 Motion to increase amount of security bond filed by Defendant Moen Incorporated. (Attachments: #1 Brief in Support, #2 Exhibit A, Declaration of Robyn Haegel-Hill, #3 Exhibit B, UAW Form LM-2 Report) (Myler, Sam) Modified text on 2/11/2014 (H,SP). |
| Filing 30 Injunction Bond filed by All Plaintiffs. Related document(s) #29 , #8 .(S,R) |
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Filing 29
Opinion and Order signed by Judge James S. Gwin on 12/17/13 granting plaintiffs' motion for preliminary injunction. Defendant Moen must continue to provide the same healthcare coverage and the same Medicare Part B premium payments that defendant does currently until further order of the Court. Plaintiffs must provide a bond of $5000. The injunction will go into effect at the time that plaintiffs post the bond. (Related Doc. #8 ) (M,G)
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| Filing 28 Transcript of Hearing on Motion for Preliminary Injunction held on December 11, 2013 before Judge James S. Gwin. To obtain a bound copy of this transcript please contact court reporter Judy Gage at 216-357-7238. [100 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 12/23/2013. Redaction Request due 1/6/2014. Redacted Transcript Deadline set for 1/14/2014. Release of Transcript Restriction set for 3/14/2014. (G,Ju) |
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Filing 27
Case Management Conference Plan/Order signed by Judge James S. Gwin on 12/11/13. Case is assigned to the standard track. Preliminary discovery to be completed by 3/17/14. All discovery to be completed by 5/29/14. Dispositive motions to be filed by 3/24/14, with responses due 4/7/14, and replies due 4/14/14. Class certification discovery deadline 2/10/14; Class certification motion deadline 2/17/14, with responses due 3/3/14 and replies due 3/10/14. Final pretrial conference set for 6/4/14 at 12:00 Noon in Chambers 18A (Cleveland). Jury trial is assigned on a two-week standby basis beginning 6/9/14 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. (S,HR) Modified text and regenerated NEF on 12/12/2013 (M,G).
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| Filing 26 Minutes of proceedings before Judge James S. Gwin. Case Management Conference and hearing on Motion for Preliminary Injunction held on 12/11/13. Motion granted. Orders to follow. (Court Reporter: Judy Gage)Time: 1 hour 25 minutes. (S,HR) |
| Filing 25 Motion for attorney Prashant Kolluri to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-6313957, filed by Defendant Moen Incorporated. (Attachments: #1 Exhibit A Affidavit, #2 Exhibit B Certificate of Good Standing)(Meuti, Michael) Modified exhibit text on 12/10/2013 (G,CA). |
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Order [non-document] entered by Judge James S. Gwin on 12/10/13 granting the motion for admission pro hac vice of Attorney Prashant Kolluri on behalf of defendant. 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 ) (M,G)
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| Filing 24 Reply to response to #8 Motion for preliminary injunction filed by All Plaintiffs. (Attachments: #1 Exhibit A - 1983 Complaint, #2 Exhibit B - Press Release, #3 Exhibit C - Stanadyne Opposition to UAW Motion for Summary Judgment, #4 Exhibit D - Ross Powerpoint, #5 Exhibit E - FBHS News Release, #6 Exhibit F - FBHS Stock Price, #7 Exhibit G - Proxy Statement Excerpt)(Goldstein, Joyce) |
| Filing 23 Report of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs (Related document(s) #17 ) (Goldstein, Joyce). Modified on 12/9/2013, counsel reminded that s/signature should be same as filer (H,SP). |
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Filing 22
Opinion and Order signed by Judge James S. Gwin on 12/5/13 resolving discovery dispute. Defendant Moen shall produce a copy of the executed settlement agreement and any earlier contract proposals, both as set forth in this entry. Defendant Moen must produce a copy of the agreement to plaintiff in accordance with this order by 12/7/13. (Related Doc. #19 ) (M,G)
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Order [non-document] entered by Judge James S. Gwin on 12/5/13 granting defendant's motion for leave to file a 20 page brief in opposition to plaintiffs' motion for preliminary injunction. The Court accepts the Opposition to Motion for Preliminary Injunction filed 12/4/13. (Related Docs. #20 , #21 ) (M,G)
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| Filing 21 Response to #8 Motion for preliminary injunction filed by All Defendants. (Attachments: #1 Exhibit, Robyn Hill Declaration, #2 Exhibit A to Hill Declaration, 1977 SPD, #3 Exhibit B to Hill Declaration, 1980 SPD, #4 Exhibit C to Hill Declaration, 1984 SPD, #5 Exhibit D to Hill Declaration, 2006 PPO SPD, #6 Exhibit E to Hill Declaration, 2006 Plan K SPD, #7 Exhibit F to Hill Declaration, 2010 PPO SPD, #8 Exhibit G to Hill Declaration, 2010 Plan K SPD, #9 Exhibit, Sam Myler Declaration, #10 Exhibit A to Myler Declaration, Medicare Supplements, #11 Exhibit B to Myler Declaration, Kaiser Medicare Plan, #12 Exhibit C to Myler Declaration, Subsidy Calculations) (Myler, Sam). Modified text on 12/6/2013 (H,SP). |
| Filing 20 Unopposed Motion for leave to file additional pages instanter filed by Defendant Moen Incorporated. (Myler, Sam) |
| Filing 19 Notice of Discovery Dispute filed by All Plaintiffs. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Amended Complaint, #3 Exhibit C - Stipulation of Dismissal, #4 Exhibit D - Email Among Counsel)(Stoper, Richard) |
| Filing 18 Answer filed by Moen Incorporated. Related document(s) #1 . (Watkins, Kirk) |
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Order [non-document] entered by Judge James S. Gwin on 11/21/13 granting the motion for admission pro hac vice of Attorney Sam P. Myler on behalf of defendant. 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. #14 ) (M,G)
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Order [non-document] entered by Judge James S. Gwin on 11/20/13 granting the motions for admission pro hac vice of Attorney Nancy G. Ross and Attorney Kirk A. Watkins on behalf of defendant. 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 Docs. #13 , #15 ) (M,G)
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Filing 17
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 11/18/13 setting a conference for 12/11/13 at 8:30 a.m., Chambers 18A (Cleveland) following hearing on motion for preliminary injunction. 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)
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| Filing 16 Magistrate Consent Package issued 11/18/13 on behalf of Judge James S. Gwin. (M,G) |
| Filing 15 Motion for attorney Kirk A. Watkins to Appear Pro Hac Vice. Filing fee $120, receipt number 0647-6278761, filed by Defendant Moen Incorporated. (Attachments: #1 Exhibit A: Affidavit of Kirk A. Watkins, #2 Exhibit B: Certificate of Good Standing)(Meuti, Michael). Modified text on 11/18/2013 (H,SP). |
| Filing 14 Motion for attorney Sam Myler to Appear Pro Hac Vice. Filing fee $120, receipt number 0647-6278730, filed by Defendant Moen Incorporated. (Attachments: #1 Exhibit A: Affidavit of Sam Myler, #2 Exhibit B: Certificate of Good Standing) (Meuti, Michael). Modified text on 11/18/2013 (H,SP). |
| Filing 13 Motion for attorney Nancy G. Ross to Appear Pro Hac Vice. Filing fee $120, receipt number 0647-6278716, filed by Defendant Moen Incorporated. (Attachments: #1 Exhibit A: Affidavit of Nancy G. Ross, #2 Exhibit B: Certificate of Good Standing) (Meuti, Michael). Modified text on 11/18/2013 (H,SP). |
| Filing 12 Return of Service by Clerk by certified mail executed upon Moen Incorporated on 11/6/2013, filed on behalf of All Plaintiffs (S,R) |
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Filing 11
Marginal Entry Order signed by Judge James S. Gwin on 11/14/13 granting, in part, defendant's motion for extension of time to answer complaint and respond to motion for preliminary injunction. The motion to extend defendant's answer date is denied. Defendant's response to the motion for preliminary injunction shall be filed by 12/4/13. A hearing on the motion for preliminary injunction has been scheduled for 12/11/13 at 8:30 a.m., Courtroom 18A (Cleveland). (Related Docs. #8 , #9 ) (M,G)
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| Filing 10 Corporate Disclosure Statement identifying Corporate Parent Fortune Brands Home & Security, Inc. for Moen Incorporated filed by Moen Incorporated. (Meuti, Michael) |
| Filing 9 Motion for extension of for Responding to Complaint and to Plaintiffs' Motion for Preliminary Injunction until December 13, 2013 filed by Defendant Moen Incorporated. Related document(s) #8 , #1 . (Meuti, Michael) |
| Filing 8 Motion for preliminary injunction filed by John L. Gallo, John W. Girman, Thomas E. Nichols, Mary C. Savage, Theodore J. Wallace, Donald M. Weaver, Robert G. Weitzel. (Attachments: #1 Brief in Support, #2 Exhibit Gallo Declaration, #3 Exhibit Girman Declaration, #4 Exhibit Nichols Declaration, #5 Exhibit Savage Declaration, #6 Exhibit Wallace Declaration, #7 Exhibit Weaver Declaration, #8 Exhibit Robert G. Weitzel Declaration, #9 Exhibit Weitzel Declaration, #10 Exhibit A - 1965 CBA Excerpts, #11 Exhibit B - 1968 CBA, #12 Exhibit C - 1968 Settlement of Issues, #13 Exhibit D - 1971 CBA, #14 Exhibit E - 1974 CBA, #15 Exhibit F - 1976 CBA, #16 Exhibit G - 1980 CBA, #17 Exhibit H - 1987 CBA, #18 Exhibit I - 1987 Contract Extension, #19 Exhibit J - 1991 CBA Excerpts, #20 Exhibit K - 1996 CBA, #21 Exhibit L - 1999 CBA, #22 Exhibit M - 2002 CBA, #23 Exhibit N - 2005 CBA, #24 Exhibit O - Sacko Correspondence, #25 Exhibit P - 1987 Benefits Book)(Goldstein, Joyce) |
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Filing 7
Marginal Entry Order signed by Judge James S. Gwin on 11/12/13 granting, in part, plaintiffs' motion to exceed the page limit for memorandum in support of motion for preliminary injunction. The Court will permit the filing of a 20 page memorandum. The Court strikes the motion for preliminary injunction and all supporting documentation and instructs plaintiffs to refile in compliance with this order. (Related Docs. #3 , #4 , #5 ) (M,G)
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| Filing 6 Attorney Appearance of Ernest Vargo and Michael Meuti by Michael D. Meuti filed by on behalf of Moen Incorporated. (Meuti, Michael) Modified on 11/13/2013, adding Attorney Vargo to docket (R,N). |
| Filing 5 EXHIBITS STRICKEN - (SEE DOC. #7 ) Exhibit(s) Exhibit D - 1971 CBA filed by All Plaintiffs. Related document(s) #4 . (Attachments: #1 Exhibit E - 1974 CBA, #2 Exhibit F - 1976 CBA, #3 Exhibit G - 1980 CBA, #4 Exhibit H - 1987 CBA, #5 Exhibit K - 1996 CBA, #6 Exhibit L - 1999 CBA, #7 Exhibit M - 2002 CBA, #8 Exhibit P - Benefits Book)(Goldstein, Joyce) Modified on 11/12/2013 to strike exhibits. (M,G) |
| Filing 4 MOTION STRICKEN - (SEE DOC. #7 ). Motion for preliminary injunction filed by John L. Gallo, John W. Girman, Thomas E. Nichols, Mary C. Savage, Theodore J. Wallace, Donald M. Weaver, Robert G. Weitzel. Related document(s) #3 . (Attachments: #1 Brief in Support of Motion for Preliminary Injunction, #2 Exhibit Gallo Declaration, #3 Exhibit Girman Declaration, #4 Exhibit Nichols Declaration, #5 Exhibit Savage Declaration, #6 Exhibit Wallace Declaration, #7 Exhibit Weaver Declaration, #8 Exhibit Robert G. Weitzel Declaration, #9 Exhibit Weitzel Declaration, #10 Exhibit A - 1965 CBA excerpts, #11 Exhibit B - 1968 CBA, #12 Exhibit C - 1968 Settlement of Issues, #13 Exhibit D - 1971 CBA, #14 Exhibit E - 1974 CBA, #15 Exhibit F - 1976 CBA, #16 Exhibit G - 1980 CBA, #17 Exhibit H - 1987 CBA, #18 Exhibit I - 1987 Contract Extension, #19 Exhibit J - 1991 CBA excerpts, #20 Exhibit K - 1996 CBA, #21 Exhibit L - 1999 CBA, #22 Exhibit M - 2002 CBA, #23 Exhibit N - 2005 CBA, #24 Exhibit O - Sacko Correspondence, #25 Exhibit P - 1987 Benefits Book) (Goldstein, Joyce). Modified on 11/8/2013, attachments #13 thru 17, 20 thru 22 and 25 uploaded sideways, counsel notified to refile those attachments, NEF regenerated (H,SP). Modified on 11/12/2013 to strike motion. (M,G) |
| Filing 3 Motion for leave to exceed page limitations regarding Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction Instanter filed by John L. Gallo, John W. Girman, Thomas E. Nichols, Mary C. Savage, Theodore J. Wallace, Donald M. Weaver, Robert G. Weitzel. (Goldstein, Joyce) |
| Service by Clerk. Summons and Complaint addressed to Moen Incorporated placed in U.S. Mail. Type of service: certified mail. Receipt # 70121010000130133836. (C,B) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Moen Incorporated. (Attachments: #1 Magistrate Consent Form) (C,B) |
| Filing 1 Complaint with jury demand class action for injunctive relief, money damages, attorney fees and costs against Moen Incorporated. Filing fee paid $ 400, Receipt number 0647-6257361. Filed by Robert G. Weitzel, Theodore J. Wallace, John W. Girman, Mary C. Savage, John L. Gallo, Thomas E. Nichols, Donald M. Weaver. (Attachments: #1 Exhibit Moen-UAW Local 101 2005 Collective Bargaining Agreement, #2 Exhibit 2008 Plant Closing Agreement, #3 Exhibit Moen Letter to Medicare Eligible Retiree, #4 Exhibit Moen Letter to Non-Medicare Eligible Retiree, #5 Civil Cover Sheet, #6 Summons, #7 Exhibit Praecipe for Summons) (Goldstein, Joyce) |
| Judge James S. Gwin assigned to case. (C,B) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,B) |
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