Hallowell v. University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan et al
| Peter Hallowell |
| University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan, University Hospitals Benefits Administrative Committee and University Hospital Health Systems, Inc. |
| 1:2017cv00885 |
| April 26, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Dan Aaron Polster |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on September 7, 2017. A more recent docket listing may be available from PACER.
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Filing 21
Dismissal Order On September 7, 2017, Counsel contacted a member of the Courts staff to report that the clients have in fact settled their dispute. Accordingly, this case is hereby dismissed with prejudice, each party to bear its own costs. The Court retains jurisdiction to ensure that the settlement agreement is executed. That said, the teleconference scheduled for 12:15 p.m. tomorrow is hereby cancelled. Signed by Judge Dan Aaron Polster on 9/7/2017. (K,K)
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Order [non-document] Defense counsel contacted the Court to report that the case is nearing settlement and to ask the Court to continue the teleconference scheduled for today at 3:30 p.m. to allow the parties a few more days to reach agreement, in which case they will file a dismissal entry. The Court continued the teleconference to 12:15 p.m. on Friday, September 8, 2017. Counsel shall use the same call-in instructions used previously. Approved by Judge Dan Aaron Polster on 9/5/2017. (B,R)
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| Notice [non-document] of Telephone Conference reset for 9/5/2017 at 03:30 PM before Judge Dan Aaron Polster. The Telephone Conference previously scheduled for 8/22/2017 is cancelled. (K,K) |
| Minutes of proceedings [non-document] On Aug. 15, 2017, the Court convened a scheduled teleconference attended by Plaintiff Peter Hallowell with counsel Andrew L. Margolius and Emily E. Gilbert and Defendant's representative Justin Cernansky with counsel Ann M. Caresani and Christine M. Snyder. The Court and counsel discussed the status of settlement negotiations. A follow-up teleconference, to be attended by clients and counsel, is scheduled for Aug. 22, 2017, at 3:15 p.m. (Call-in instructions will remain the same.) (Court Reporter: n/a.) Time: 7 minutes. (K,K) |
| Minutes of proceedings [non-document] Scheduled teleconference held on 7/25/2017 with Plaintiff and his Attorneys Margolius and Gilbert, and Defendants' representative J. Cernansky and Attorneys Caresani and Snyder. Counsel reported that Defense counsel had presented a counteroffer to Plaintiff's counsel just minutes before the teleconference, and expressed interest in continuing their negotiations privately. Accordingly, the Court obliged their request and scheduled a followup teleconference beginning at 11:30 a.m. on August 15, 2017. Counsel shall use the same call-in instructions used for today's teleconference. (Court Reporter: n/a.) Time: 15 minutes. (K,K) |
| Filing 20 Joint Status Report filed by All Defendants. (Caresani, Ann) |
| Minutes of proceedings [non-document] After reviewing Defendants' Request for Emergency Telephone Conference (Doc #: #18 ) and Plaintiff's Response (Doc #: #19 ), the Court held a teleconference on July 18, 2017 with the following persons: Plaintiff Peter Hallowell and his counsel Andrew Margolius, and Defendants' representative Justin Cernanski and Defendants' counsel Ann Caresani and Christine Snyder. As a result of discussions, the Court proposed a reasonable means for settling the case prior to discovery. The Court directed counsel and clients to focus their attention in the next week on settling the case. If they are unable to settle it, they shall agree on a proposed litigation schedule. In either event, the Court directed counsel to file a Joint Report, no later than 12:00 noon on Tuesday, July 25, 2017, informing the Court that they have either settled the case or agreed on a discovery schedule and what that schedule is. The Court will hold a followup teleconference with counsel and clients beginning at 2:00 p.m. on Tuesday, July 25, 2017. Teleconference participants shall use the same call-in instructions used for today's teleconference. The dates and deadlines established during the 6/29/2017 teleconference (as reflected in the non-document Minutes entry of that date) are hereby superseded. (Court Reporter: n/a.) Time: 15 minutes. (K,K) |
| Filing 19 Response to #18 Motion for conference/hearing filed by Peter Hallowell. (Margolius, Andrew) |
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Order [non-document] granting #18 Defendants' Motion for conference/hearing. Telephone Conference set for 7/18/2017 at 11:45 AM before Judge Dan Aaron Polster. Call in instructions to be provided separately. Entered on behalf of Judge Dan Aaron Polster on 7/18/2017. (K,K)
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| Filing 18 Motion for conference/hearing filed by University Hospital Health Systems, Inc., University Hospitals Benefits Administrative Committee, University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan. (Attachments: #1 Exhibit A - E-Mail Correspondence)(Caresani, Ann) |
| Filing 17 Defendants' Notice of Filing Administrative Record filed by All Defendants. (Attachments: #1 Exhibit Administrative Record)(Caresani, Ann) |
| Minutes of proceedings [non-document] (Court Reporter: n/a.)On 6/29/2017, the Court held a teleconference with Plaintiff Peter Hallowell and his counsel, Andrew Margolius, and with Defendants' representative Justin Cernanski and Attorneys Ann Caresani and Christine Snyder to determine how best to proceed with this case. As a result of discussions, Defendants agreed to file the administrative record tomorrow, June 30, 2017, and to give the Court and opposing counsel time to review that record after which followip teleconference will be held at 12:00 noon on Tuesday, July 25, 2017. Counsel shall use the same call-in instructions used for today's teleconference. In preparation for that teleconference, the parties shall file a Joint Status Report no later than 12:00 noon on Friday, July 21, 2017. It is expected that Plaintiff will determine in fairly short order (1) whether he believes the record needs to be supplemented and, if so, how, and (2) whether he believes the Plan has a conflict of interest. He shall do this in sufficient time to share his thoughts with opposing counsel who will process this and be prepared to respond jointly in the July 21 status report. Time: 15 minutes. (K,K) |
| IMPORTANT: Notice [non-document] of Telephone Conference set for 6/29/2017 at 03:30 PM before Judge Dan Aaron Polster. Please note the Case Management Conference scheduled for 6/30/2017 at 9:45 a.m. before Judge Patricia A. Gaughan is CANCELLED. (K,K) |
| Judge Dan Aaron Polster assigned to case. Judge Patricia A. Gaughan terminated. (S,SR) |
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Filing 16
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge Patricia A. Gaughan on 6/27/17. (LC,S)
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| Filing 15 Attorney Appearance by Emily E. Gilbert filed by on behalf of Peter Hallowell. (Gilbert, Emily) |
| Filing 14 Attorney Appearance by Andrew L. Margolius filed by on behalf of Peter Hallowell. (Margolius, Andrew) |
| Filing 13 Report of Parties' Planning Meeting Under Fed. R. Civ. P. 23(f) and L.R. 16.3(b), filed by University Hospital Health Systems, Inc., University Hospitals Benefits Administrative Committee, University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan. (Caresani, Ann) |
| Filing 12 Initial Disclosures of Defendants University Hospitals Physicians, Ltd. 457(F) Deferred Compensation Plan, University Hospitals Benefits Administrative Committee and University Hospitals Health System, Inc. filed by All Defendants. (Snyder, Christine) |
| Filing 11 Defendants' Joint Answer to #1 Complaint filed by University Hospital Health Systems, Inc., University Hospitals Benefits Administrative Committee, University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan. (Attachments: #1 Exhibit A - Plan Document, #2 Exhibit B - Employment Agreement, #3 Exhibit C - Hallowell Appeal)(Snyder, Christine) |
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Order [non-document]: Defendant's Motion for Extension of Time to Plead or Otherwise Respond to Plaintiff's Complaint is Granted to 6/19/17. Judge Patricia A. Gaughan on 5/19/17. (LC,S) re #9
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| Copy of [non-document] Order of 5/19/17 mailed to Peter Hallowell at 1743 Mattox Court, Charlottesville, VA 22903 on 5/19/17. (LC,S) |
| Filing 10 Corporate Disclosure Statement filed by University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan. (Caresani, Ann) |
| Filing 9 Motion for extension of time until June 19, 2017 to answer Plaintiff's Complaint filed by University Hospital Health Systems, Inc., University Hospitals Benefits Administrative Committee, University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan. (Caresani, Ann) |
| Filing 8 Corporate Disclosure Statement filed by University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan. (Caresani, Ann) |
| Filing 7 Corporate Disclosure Statement filed by University Hospitals Benefits Administrative Committee. (Caresani, Ann) |
| Filing 6 Corporate Disclosure Statement filed by University Hospital Health Systems, Inc.. (Caresani, Ann) |
| Filing 5 Attorney Appearance by Ann M. Caresani filed by on behalf of All Defendants. (Caresani, Ann) |
| Filing 4 Return of Service by Clerk by certified mail executed upon University Hospital Health Systems, Inc. on 4/28/2017; University Hospitals Benefits Administrative Committee on 4/28/2017; University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan on 4/28/2017, filed on behalf of Peter Hallowell Related document(s) #2 . (W,CM) |
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Filing 3
Case Management Conference Scheduling Order with case management conference set on 6/30/2017 at 9:45 am to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 5/08/17. (D,Ma)
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| Service by Clerk. Summons, Complaint, and Magistrate Consent Form addressed to University Hospital Health Systems, Inc. (Receipt # 70160910000064747772), University Hospitals Benefits Administrative Committee (Receipt # 70160910000064747789), University Hospitals Professionals, LTD. 457(f) Deferred Compensation Plan (Receipt # 70160910000064747765) placed in U.S. Mail. Type of service: certified mail. (P,WL) |
| Filing 2 Original Summons and Magistrate Consent Form issued to plaintiff over the counter for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (P,WL) |
| Filing 1 Complaint against All Defendants. Filing fee paid. 400.00. Receipt # 14660094736. Filed by Peter Hallowell. (Attachments: #1 Civil Cover Sheet, #2 Summons) (P,WL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (P,WL) |
| Judge Patricia A. Gaughan assigned to case. (P,WL) |
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