Secretary of the Department of Labor v. United Transportation Union et al
| Secretary of the Department of Labor |
| International Association of Sheet Metal, Air, Rail, Transportation Workers, Richard McClees, Malcolm Futhey, Joseph Sellers, Joseph Nigro, John Previsich, SMART Group VSTD Plan, International Association of Sheet Metal, Air, Rail, Transportation Workers - Transportation Division, United Transportation Union, Patricia Nigro and International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division |
| 1:2017cv00923 |
| May 1, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Solomon Oliver |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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Filing 93
Consent Order and Judgment Defendants are permanently enjoined and restrained from violating Title I of ERISA, 29 U.S.C. 1001 et seq. . Within 30 days of the entry of this Judgment, Defendants will restore, or caus to be restored on their behalf $6,545,454.54, which will be payable to the plan. Compromised Penalty in the amount of $654,545.45, to be paid within 10 calendar days of payment of the Recovery Amount. Larry Magarik, Esq. is appointed to act as independent fiduciary for the Plan as herein stated. Each party agrees to bear his/her, its, or their own attorneys' fees, costs and other expenses. The court will maintain jurisdiction over this matter only for purposes of enforcing this Judgment. Signed by Judge Solomon Oliver, Jr. on 10/2/2020. (R,Sh)
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Filing 92
Joint Stipulation and Order and Notice of Dismissal, with prejudice, of all claims against Defendant Patricia Nigro. Each party to bear their own fees and other expenses as stated herein. Related document #91 . Signed by Judge Solomon Oliver, Jr. on 10/2/2020. (R,Sh)
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| Filing 91 Joint Stipulation of Dismissal of Patricia Nigro filed by Secretary of the Department of Labor. (Steele, Hema) |
| Filing 90 Proposed Consent Order and Judgment filed by Secretary of the Department of Labor. (Attachments: #1 Exhibit 1: Letter to Rail Members, #2 Exhibit 2: Letter to Bus Members)(Steele, Hema) |
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Order [non-document]: Upon written request received by email, the court grants the parties a 14-day extension of time until October 2, 2020 to file a joint motion requesting Judge Oliver's approval of the proposed Consent Order of Judgment. Magistrate Judge Thomas M. Parker on 9/17/2020. (D,JJ)
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Order [non-document]: Upon written request received by email, the court grants the parties an extension of time until September 18, 2020 to file a joint motion requesting Judge Oliver's approval of the proposed Consent Order of Judgment. Magistrate Judge Thomas M. Parker on 8/26/2020. (D,JJ)
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Order [non-document]: After conducting ex parte conference calls and engaging in extensive email communications with counsel, the court has now been advised by the parties that they have negotiated an agreement to resolve all matters in dispute. Therefore, the re-scheduled mediation set for 8/6/2020 is hereby CANCELLED. Within 30 days of the date of this filing, the parties shall file a joint motion requesting Judge Oliver's approval of the proposed Consent Order of Judgment. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 8/4/2020. (D,JJ)
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Order [non-document]: The court, after receipt of email status reports from counsel, on its own motion hereby orders that the mediation conference scheduled for July 30, 2020 at 12:00 noon is RESCHEDULED. The following conditions shall apply regarding the court's continued supervision of a brief additional period to complete the settlement process in this matter: (1) Any proposal or counter proposal submitted by the parties must be responded to within 24 hours; (2) The parties shall submit joint status reports regarding the progress of their negotiations on: (a) July 30 at 3:00 p.m.; (b) July 31 at 3:00 p.m.; (c) August 3 at 3:00 p.m. and (d) a final report not later than 3:00 p.m. on August 4, 2020. (3) Should the parties fail to successfully complete the settlement of all matters in dispute, the court shall conduct a further mediation conference on August 6, 2020 beginning at 9:00 a.m.; (4) Should a further mediation conference be necessary, each party must arrange for the participation of client representatives who have FULL AUTHORITY to resolve any issue not yet resolved by the parties' negotiations. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 7/29/2020. (D,JJ)
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| IMPORTANT Notice [non-document]: The mediation conference has been RESCHEDULED for 7/30/2020 at 12:00 PM to be held by video conference (Cleveland) before Magistrate Judge Thomas M. Parker. Revised instructions for participating via video conference will be emailed to the parties separately. (D,JJ) |
| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conferences held on 7/22/2020. Attorneys Joseph M. Berndt and Hema Steel, with law student extern, Charbel Najm, participated on behalf of plaintiff. Attorneys Richard G. McCracken, Alexander M. Gormley, Joyce Goldstein, and Marc H. Rifkind participated on behalf of defendants. The court and counsel separately discussed background information and issues in order to prepare for the upcoming Mediation Conference set for July 28, 2020 at 10:00 AM. The court encourages the parties to engage in frequent, frank communications between now and the scheduled mediation in the expectation that doing so might permit the matter to be resolved without need for the mediation conference. It at all possible, any further pre-mediation offers and counter-offers should be responded to within 24 hours of receipt, if not sooner in order to maximize the efficiency of the negotiations. (Court Reporter: N/A.) (D,JJ) |
| IMPORTANT Notice [non-document]: Ex-parte Telephone Conference with counsel for PLAINTIFF set for 7/22/2020 at 1:00 PM to be held before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conference with counsel for DEFENDANTS set for 7/22/2020 at 2:00 PM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to the parties separately. Related document(s) #89 . (D,JJ) |
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Filing 89
Order Setting Mediation Conference: Mediation conference to be held on 7/28/2020 at 10:00 AM by video conference before Magistrate Judge Thomas M. Parker. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email to schedule an ex-parte telephone conference. See Order for additional information and requirements. Related Doc. #88 . Magistrate Judge Thomas M. Parker on 5/28/2020. (D,JJ)
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Filing 88
Minute Order of Telephone Conference held on 5/20/2020. In the event the parties do not resolve the case themselves, they are amenable to mediation with the Magistrate Judge. Thus, this case is hereby referred to Magistrate Judge Thomas M. Parker to conduct a settlement conference on or before the last day of July.. Signed by Judge Solomon Oliver, Jr. on 5/21/2020. Time: 25 minutes (R,Sh)
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| IMPORTANT: Notice [non-document]. Due to the coronavirus health crisis, and pursuant to the General Orders that have been issued, the Pretrial Conference set for 5/20/2020 at 03:00 PM will be held telephonically before Judge Solomon Oliver Jr. with counsel. Dial in information will be sent by separate e-mail. (R,Sh) |
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Filing 87
Order. The court having granted Plaintiff's Motion for Partial Summary Judgment (ECF No. 62), in a separate Order on 3/30/2020, without need for reference to the documents to which Plaintiff objects, hereby denies Plaintiff's Objections (ECF No. 76) as moot. Related doucment #86 Signed by Judge Solomon Oliver, Jr. on 4/1/2020. (R,Sh)
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Filing 86
Order granting in part and denying in part Plaintiff's Motion for partial summary judgment (Related Doc #62 ). The court hereby grants summary judgment in favor of the Secretary and against:(1) the Union for its violations of ERISA 404(a)(1)(A), 406(b)(1) and (2) from January 1, 2010 through May 31, 2015; (2) Trustee-Defendant Previsich for his violations of ERISA 404(a)(1)(A), 406(b)(1) and(2) from April 29, 2013 through the present;(3) Trustee-Defendant Previsich for his co-fiduciary liability under ERISA 405(a)(2) for the Union's violations of ERISA between April 29, 2013 through January 1, 2014;(4) Trustee-Defendant Sellers for his violations of ERISA 404(a)(1)(A), 406(b)(1) and(2) from January 14, 2014 through the present; and(5) Trustee-Defendant McClees for his violations of ERISA 404(a)(1)(A), 406(b)(1) and(2) from January 14, 2014 through the present. The court will hold a pretrial conference in the within case on May 20, 2020, at 3:00 p.m.regarding the remaining claims in the case and the issue of damages. Party representatives must appear. The court anticipates discussing with the parties whether Alternative Dispute Resolution would be useful as well as a date for trial, if needed, on the remaining issues. Pretrial Conference set for 5/20/2020 at 03:00 PM in Chambers 17A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr. on 3/30/2020.(R,Sh)
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Filing 85
Order denying Defendants' Motion to Strike New Argument from Plaintiff's Reply Brief, or in the Alternative, for Leave to File a Sur-Reply (Related Doc #81 ). Signed by Judge Solomon Oliver, Jr. on 3/27/2020.(R,Sh)
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| 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) |
| 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) |
| Filing 84 Opposition to #81 Motion to strike New Argument from Plaintiff's Reply Brief, or, in the Alternative, for Leave to File a Sur-Reply filed by Secretary of the Department of Labor. (Berndt, Joseph) |
| Filing 83 Reply in Support of His Objection to Trustee-Defendants' Reliance on Impermissible Hearsay filed by Secretary of the Department of Labor. Related document(s) #76 . (Steele, Hema) |
| Filing 82 Reply in Support of Secretary's Objection (ECF #76 ) filed by Secretary of the Department of Labor. Related document(s) #76 . (Attachments: #1 Exhibit 1: Kropkof Deposition Excerpts, #2 Exhibit 2: 5-10-2018 Court Notice, #3 Exhibit 3: 9-11-2018 Steele E-mail, #4 Exhibit 4: 9-14-2018 Steele E-mail, #5 Exhibit 5: Defs' Responses to RFPDs) (Steele, Hema) |
| Filing 81 Motion to strike New Argument from Plaintiff's Reply Brief, or, in the Alternative, Motion for Leave to File a Sur-Reply filed by Richard McClees, John Previsich, Joseph Sellers. Related document(s) #78 . (Attachments: #1 Exhibit 1 - Proposed Sur-Reply)(Rifkind, Marc). |
| Filing 80 Reply to Secretary's Objection to Admissibility of Evidence filed by Richard McClees, John Previsich, Joseph Sellers. Related document(s) #76 . (Attachments: #1 Exhibit 1 - Declaration of William J. Kropkof, #2 Exhibit 2 - Email 10-28-18) (Rifkind, Marc) |
| Filing 79 Response to Secretary's Objection (Document #76 ) filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, United Transportation Union. Related document(s) #76 . (Attachments: #1 Exhibit 1 - Previsich Deposition Excerpts, #2 Exhibit 2 - Collins Deposition Excerpts, #3 Exhibit 3 - Futhey Deposition Excerpts, #4 Exhibit 4 - Email 10-28-2018) (Goldstein, Joyce) |
| Filing 78 Reply in support of #62 Motion for partial summary judgment and Response to Trustee-Defendants' Opposition Brief filed by Secretary of the Department of Labor. (Attachments: #1 Exhibit 1 (Kusnic Deposition Excerpt), #2 Exhibit 2 (SMART Constitution Excerpt), #3 Exhibit 3 (Kropkof Deposition Excerpt))(Steele, Hema) |
| Filing 77 Reply in support of #62 Motion for partial summary judgment and Response to Defendant Union's Opposition Brief filed by Secretary of the Department of Labor. (Attachments: #1 Exhibit 1 (Futhey deposition excerpt))(Steele, Hema) |
| Filing 76 Objection to Defendants' Reliance on Impermissible Hearsay filed by Secretary of the Department of Labor. (Steele, Hema) |
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Filing 75
Order granting Plaintiff's Motion to substitute party; (Related Doc #66 ), having considered the nature of the claims at issue and the arguments of the parties, the court will exercise its discretion to substitute Patricia Nigro as the successor of former Defendant Joseph Nigro in this matter. For the foregoing reasons, the court grants Plaintiff's Motion. (ECF No. #66 ). Signed by Judge Solomon Oliver, Jr. on 10/25/2019.(R,Sh)
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| Filing 74 Amended Notice of Service of Motion for Substitution, Memorandum in Support, and First Amended Complaint (ECF 66, 66-1, 39) filed by Secretary of the Department of Labor. Related document(s) #66 .(Steele, Hema) |
| Filing 73 Reply in support of #66 Motion to substitute party deceased former-defendant Joseph Nigro filed by Secretary of the Department of Labor. (Steele, Hema) |
| Filing 72 Opposition to #66 Motion to substitute party deceased former-defendant Joseph Nigro filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Richard McClees, John Previsich, SMART Group VSTD Plan, Joseph Sellers, United Transportation Union. (Attachments: #1 Exhibit Declaration of Patricia Nigro)(Goldstein, Joyce) |
| Filing 71 Certificate of Service on Patricia Nigro filed by Secretary of the Department of Labor. Related document(s) #66 .(Steele, Hema) Modified text on 10/2/2019 (S,SR). |
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Order [non-document] granting Defendants' #69 Unopposed Motion for Extension of Time to File Response to Plaintiff's Motion for Substitution of Deceased Party until September 16, 2019; and granting Plaintiff's #70 Motion to Extend of Time to File Reply Briefs in Support of His Pending Motion for Partial Summary Judgment until October 31, 2019. Approved by Judge Solomon Oliver, Jr. on 9/16/2019.(R,Sh)
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| Filing 70 First Motion for extension of Time to File Reply in Support of His Motion for Partial Summary Judgment until 10/31/2019 filed by Plaintiff Secretary of the Department of Labor. (Steele, Hema) |
| Filing 69 Unopposed Motion for extension of time until 09/16/2019 to file response/reply to #66 Motion to substitute party deceased former-defendant Joseph Nigro filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Richard McClees, John Previsich, SMART Group VSTD Plan, Joseph Sellers, United Transportation Union. Related document(s) #66 . (Goldstein, Joyce) |
| Filing 68 Opposition to #62 Motion for partial summary judgment filed by Richard McClees, John Previsich, Joseph Sellers. (Attachments: #1 Exhibit 1 - John Previsich Deposition Transcript Excerpts, #2 Exhibit 2 - Joseph Sellers, Jr. Deposition Transcript Excerpts, #3 Exhibit 3 - Malcolm Futhey Deposition Transcript Excerpts, #4 Exhibit 4 - UTU memorandum of Oct. 8, 2010, #5 Exhibit 5 - UTU letter of November 20, 2009, #6 Exhibit 6 - UTU Board of Directors Resolution dated April 29, 2013, #7 Exhibit 7 - SMART letter dated December 16, 2013, #8 Exhibit 8 - Excerpt from website of Slevin & Hart, PC Firm Overview, #9 Exhibit 9 - Excerpt from website of Slevin & Hart, PC Bio of Marc H. Rifkind, #10 Exhibit 10 - Richard McClees Deposition Transcript Excerpts, #11 Exhibit 11 - William Kropkof Deposition Transcript Excerpts, #12 Exhibit 12 - Marc Rifkind email of April 10, 2014 attaching Kropkofs Resume, #13 Exhibit 13 - Kropkofs Retainer Agreement May 2014, #14 Exhibit 14 - Attachment to Kropkofs Retainer Agreement, #15 Exhibit 15 - Kropkofs Request for Proposal May 28, 2014, #16 Exhibit 16 - Kropkofs Report - first engagement, #17 Exhibit 17 - Minutes of Meeting of Plan Trustees July 30, 2014, #18 Exhibit 18 - Declaration of William Kropkof, #19 Exhibit 19 - Declaration of Marc H. Rifkind, #20 Exhibit 20 - Matt Dolin email of November 3, 2014, #21 Exhibit 21 - Time records for Union Office Staff and Field Supervisors, #22 Exhibit 22 - Declaration of Matt Dolin, #23 Exhibit 23 - Minutes of Meeting of Plan Trustees September 6, 2017, #24 Exhibit 24 - Kropkofs Retainer Agreement September 2017, #25 Exhibit 25 - Kropkofs Request for Proposal - January 28, 2018, #26 Exhibit 26 - Kropkofs report second engagement, #27 Exhibit 27 - Minutes of Meeting of Plan Trustees June 19, 2018, #28 Exhibit 28 - Declaration of Art Taylor, #29 Index 29 - Index of Exhibits)(Gormley, Alexander) |
| Filing 67 Opposition to #62 Motion for partial summary judgment filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, United Transportation Union. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Futhey Deposition Excerpts, #3 Exhibit 2 - Previsich Deposition Excerpts, #4 Exhibit 3 - Collins Deposition Excerpts, #5 Exhibit 4 - Kusnic Deposition Excerpts, #6 Exhibit 5 - VSTD Form 5500 (2013), #7 Exhibit 6 - Taylor Deposition Excerpts, #8 Exhibit 7 - Sellers Deposition Excerpts, #9 Exhibit 8 - ERISA Advisory Group Report (2014), #10 Exhibit 9 - Plan Design Email, #11 Exhibit 10 - Plan Cost Scenarios, #12 Exhibit 11 - UTUIA Meeting Minutes, #13 Exhibit 12 - VSTD Trust Document, #14 Exhibit 13 - VSTD Plan, #15 Exhibit 14 - VSTD Rail Information, #16 Exhibit 15 - VSTD Bus Information, #17 Exhibit 16 - Anthem Insurance Policy, #18 Exhibit 17 - Field Supervisor Time Allocation, #19 Exhibit 18 - VSTD Form 5500 (2010), #20 Exhibit 19 - VSTD Form 5500 (2012), #21 Exhibit 20 - Cost Allocation Memorandum (10/8/2010), #22 Exhibit 21 - McClees Deposition Excerpts, #23 Exhibit 22 - Kropkof Deposition Excerpts, #24 Exhibit 23 - Email, Collins to Futhey (2/6/2012), #25 Exhibit 24 - VSTD Administrative Cost Review, #26 Exhibit 25 - Employee Time Tracking, SMART-TD, #27 Exhibit 26 - ERISA Advisory Group Report (6/22/2018), #28 Exhibit 27 - Administrative Services Agreement)(Goldstein, Joyce) |
| Filing 66 Motion to substitute party deceased former-defendant Joseph Nigro filed by Plaintiff Secretary of the Department of Labor. (Attachments: #1 Brief in Support)(Steele, Hema) |
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Order [non-document] granting the Parties' #65 Joint Motion for Extension of Time to File Response/Reply to Plaintiff's Motion for Partial Summary Judgment until 9/2/2019. Approved by Judge Solomon Oliver, Jr. on 8/2/2019.(R,Sh)
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| Filing 65 Joint Motion for extension of time until September 2, 2019 to file response/reply to #62 Motion for partial summary judgment filed by Plaintiff Secretary of the Department of Labor. Related document(s) #62 . (Berndt, Joseph) |
| Filing 64 Notice Certifying Compliance with Order to Identify Successor for the Deceased Former Defendant Joseph Nigro filed by SMART Group VSTD Plan. Related document(s) #49 .(Rifkind, Marc) |
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Order [non-document] granting Defendants' #63 Motion for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment until 8/2/2019. Approved by Judge Solomon Oliver, Jr. on 6/11/2019.(R,Sh)
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| Filing 63 Consent Motion for extension of time until 08/02/2019 to file response/reply to #62 Motion for partial summary judgment filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Richard McClees, John Previsich, SMART Group VSTD Plan, Joseph Sellers, United Transportation Union. Related document(s) #62 . (Gormley, Alexander) |
| Filing 62 Motion for partial summary judgment filed by Plaintiff Secretary of the Department of Labor. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 (Futhey deposition transcript excerpts), #3 Exhibit 2 (2010 Plan document), #4 Exhibit 3 (2015 Amended Plan document), #5 Exhibit 4 (Previsich deposition transcript excerpts), #6 Exhibit 5 (Trust agreement), #7 Exhibit 6 (Kusnic deposition transcript excerpts), #8 Exhibit 7 (Administrative services agreement), #9 Exhibit 8 (McClees deposition transcript excerpts), #10 Exhibit 9 (Sellers deposition transcript excerpts), #11 Exhibit 10 (Taylor deposition transcript excerpts), #12 Exhibit 11 (Union response to interrogatories), #13 Exhibit 12 (Union response to requests for admissions), #14 Exhibit 13 (Collins deposition transcript excerpts), #15 Exhibit 14 (Wilson declaration), #16 Exhibit 15 (Kropkof deposition transcript excerpts), #17 Exhibit 16 (1/29/14 VSTD meeting minutes), #18 Exhibit 17 (1/29/14 VSTD meeting minutes), #19 Exhibit 18 (4/29/14 VSTD meeting minutes), #20 Exhibit 19 (Kropkof engagement letter), #21 Exhibit 20 (9/17/14 VSTD meeting minutes), #22 Exhibit 21 (Kusnic approval emails), #23 Index of Exhibits and Steele Declaration)(Steele, Hema) |
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Order [non-document] granting in part Plaintiff's #60 Unopposed Motion to Extend Deadlines. Counsel for Defendant Joseph Nigro shall identify a successor by July 15, 2019. The Secretary shall file a dispositive motion against Nigro's successor by September 1, 2019. Approved by Judge Solomon Oliver, Jr. on 5/31/2019.(R,Sh)
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| Filing 61 Proposed Order filed by Secretary of the Department of Labor. Related document(s) #60 . (Berndt, Joseph) |
| Filing 60 Unopposed Motion to extend deadline to move for summary judgment against former defendant Joseph Nigro's successor until September 13, 2019 filed by Plaintiff Secretary of the Department of Labor. (Berndt, Joseph) |
| Filing 59 Update Regarding Ongoing Discovery Disputes filed by Secretary of the Department of Labor. (Berndt, Joseph) |
| Filing 58 Status Report Regarding Ongoing Discovery Dispute filed by Secretary of the Department of Labor. (Steele, Hema) |
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Order [non-document]. In light of Plaintiff's #56 Notice of Discovery Dispute, the party should inform the court in writing as to whether it now requests assistance of the court. Judge Solomon Oliver, Jr. on 4/16/2019. (R,Sh)
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Filing 57
Order. For the foregoing reasons, the court denies Defendants' Joint Motion for Partial Summary Judgment (ECF No. #32 ). The court also denies Plaintiff's Sur-Reply Motion (ECF No. #44 ) and Motion to Supplement (ECF No. #53 ). Signed by Judge Solomon Oliver, Jr. on 3/26/2019.(R,Sh)
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| Filing 56 Notice of Discovery Dispute filed by Secretary of the Department of Labor. (Steele, Hema) |
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Order [non-document] granting the Parties' #55 Joint Motion for extension of Time to Notify Court About Discovery Disputes until 3/20/2019. Approved by Judge Solomon Oliver, Jr. on 3/6/2019.(R,Sh)
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| Filing 55 Joint Motion for extension of Time to Notify Court About Discovery Disputes until 3/20/2019 filed by Plaintiff Secretary of the Department of Labor. (Steele, Hema) |
| Filing 54 Opposition to #53 Motion to supplement Instanter filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, Richard McClees, John Previsich, SMART Group VSTD Plan, Joseph Sellers. (Attachments: #1 Exhibit Deposition Excerpt of Malcolm Futhey, Jr.)(Rifkind, Marc) |
| Filing 53 Motion to supplement Instanter filed by Plaintiff Secretary of the Department of Labor. (Attachments: #1 Exhibit 1 - Kusnic Deposition Transcript Excerpts, #2 Exhibit 2 - Futhey Deposition Transcript Excerpts, #3 Exhibit 3 - Taylor Deposition Transcript Excerpts, #4 Exhibit 4 - 2012 Balance Sheets (Deposition Exhibit 10), #5 Exhibit 5 - 2014 Balance Sheets (Deposition Exhibit 22))(Steele, Hema) |
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Filing 52
Minute Order of Status Conference held on 2/15/2019. The court grants Plaintiff's request with regard to two subpoenas to be served outside of the discovery period. Plaintiff shall move the court within ten (10) days of the date of this Order, with Plaintiff's request regarding additional deposition testimonies, and include in its motion a description of what Plaintiff intends to add to the record. Plaintiff's motion shall not exceed seven (7) pages. Defendants shall have seven (7) days after Plaintiff has filed their motion to respond. Defendants' response shall not exceed seven (7) pages. The court determined that counsel for the parties shall try to resolve any discovery disputes. However, the parties shall have fourteen (14) days of the date of this Order to file notice with the court if any discovery disputes remain. Finally, the court granted Plaintiff's request to extend the dispositive motion cut-off date. Dispositive Motions are now due by 6/1/2019. Signed by Judge Solomon Oliver, Jr. on 2/20/2019. Time: 50 minutes (R,Sh)
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Order [non-document] granting in part Plaintiff's #51 Motion for extension of 45 days from the date the successor is identified to substitute the successor for Nigro. Approved by Judge Solomon Oliver, Jr. on 2/3/2019.(R,Sh)
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| Filing 51 Motion for extension of time to substitute for the deceased party until February 28, 2019 filed by Plaintiff Secretary of the Department of Labor. Related document(s) #48 . (Steele, Hema) |
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Order [non-document] granting the Parties' #50 Joint Motion for extension of deadlines of sixty days, until 2/12/19 for discovery for the limited purpose of completing all document production, and vacating the current dispositive motions deadline. The court will hold a Telephonic Status Conference on 2/15/2019 at 03:30 PM before Judge Solomon Oliver Jr. to discuss a new dispositive motions schedule, including the impact of Defendants' pending Motion for Partial Summary Judgment #32 on that schedule. Approved by Judge Solomon Oliver, Jr. on 12/7/2018.(R,Sh)
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| Filing 50 Joint Motion to extend written discovery, vacate dispositive motions deadline until 2/12/19 and schedule a telephonic conference filed by Plaintiff Secretary of the Department of Labor. (Berndt, Joseph) |
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Filing 49
Order and Notice of Party Dismissal re #48 Notice of Suggestion of Death filed by Joseph Nigro. Defendant Joseph Nigro removed from case. Signed by Judge Solomon Oliver, Jr. on 11/5/2018. (R,Sh)
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| Filing 48 Notice of Suggestion of Death of Defendant Joseph Nigro filed by Joseph Nigro. (Rifkind, Marc) |
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Filing 47
Consent Order and Judgment as to Defendant Malcolm Futhey. Futhey will restore $10,000 to the Plan within 30 days of the entry of this Judgment. Futhey shall pay the $2,000 502(l) Penalty within 30 days of the entry of this Judgment. This Court will retain jurisdiction over the Parties and subject matter of this action for enforcing and interpreting the terms of this Judgment. The Parties will each bear their own costs, expenses, and attorneys' fees. Signed by Judge Solomon Oliver, Jr. on 10/24/2018. (R,Sh)
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| Filing 46 Proposed Order (Consent Order and Judgment) filed by Secretary of the Department of Labor. (Steele, Hema) |
| Filing 45 Opposition to #44 Motion for leave (Instanter) to File Sur-Reply filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers. (Rifkind, Marc) |
| Filing 44 Motion for leave (Instanter) to File Sur-Reply filed by Plaintiff Secretary of the Department of Labor. Related document(s) #43 . (Attachments: #1 Exhibit 1: Secretary's Sur-Reply, #2 Exhibit 2: Steele Declaration)(Steele, Hema) |
| Filing 43 Reply to Opposition to Motion for Partial Summary Judgment filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, Joseph Nigro, John Previsich, SMART Group VSTD Plan. Related document(s) #37 . (Attachments: #1 LR 7.1(f) Certification, #2 Exhibit A - Stuart Collins Declaration, #3 Exhibit B - Timothy Rasgaitis Declaration, #4 Exhibit C - William Kropkof Declaration, #5 Exhibit D - Mark Cook Declaration, #6 Exhibit E - Joseph Nigro Declaration, #7 Exhibit F - John Previsich Declaration, #8 Exhibit G - Richard Kusnic Declaration, #9 Exhibit H - Marc Rifkind Declaration, #10 Exhibit 1 to Rifkind Declaration, #11 Exhibit 2 to Rifkind Declaration, #12 Exhibit 3 to Rifkind Declaration, #13 Exhibit 4 to Rifkind Declaration, #14 Exhibit 5 to Rifkind Declaration) (Rifkind, Marc) |
| Filing 42 Answer to #39 Amended complaint filed by Malcolm Futhey, International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers, United Transportation Union. (Attachments: #1 Exhibit Administrative Services Agreement)(McCracken, Richard) |
| Filing 41 Answer to #39 Amended complaint filed by Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers. (Gormley, Alexander) |
| Filing 40 Answer to #39 Amended complaint filed by Malcolm Futhey. (Caresani, Ann) |
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Order [non-document] granting Defendant's #38 Consent Motion for extension of time until July 17, 2018 to File Brief in Reply to Plaintiffs' Opposition to Motion for Partial Summary Judgment. Approved by Judge Solomon Oliver, Jr. on 6/27/2018.(R,Sh)
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| Filing 39 First Amended complaint against All Defendants. Filed by Secretary of the Department of Labor. (Steele, Hema) |
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Order [non-document] granting Plaintiff's Instanter Motion for leave to file First Amended Complaint (Related Doc #36 ). Approved by Judge Solomon Oliver, Jr. on 6/25/2018.(R,Sh)
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| Filing 38 Consent Motion for extension of time until July 17, 2018 to File Brief in Reply to #37 Opposition to Motion for Partial Summary Judgment filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers, United Transportation Union. (Rifkind, Marc) |
| Filing 37 Objection and Brief in Opposition to #32 Joint Motion for partial summary judgment filed by Secretary of the Department of Labor. (Attachments: #1 Exhibit 1: Sledz Declaration, #2 Exhibit 2: EBSA Request for Information, #3 Exhibit 3: Plan Administrator Reply, #4 Exhibit 4: Wilson Declaration, #5 Exhibit 5: Payroll Stubs, #6 Exhibit 6: 2013 Form 5500)(Steele, Hema) Modified text on 6/20/2018 (S,SR). |
| Filing 36 Motion for leave to file first amended complaint filed by Plaintiff Secretary of the Department of Labor. (Attachments: #1 First Amended Complaint)(Steele, Hema) |
| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Settlement Conference held on 5/22/2018. Secretary of Labor representatives Susan Fultz, James Wood and Dustin Wilson with counsel Joseph Berndt and Hema Steele; Union Transportation representatives Richard McClees and John Previsich with counsel Marc Rifkind; Plan representatives in-house counsel Kevin Brodar and insurance representative Mike Chlob with counsel Richard McCracken and Joyce Goldstein; Malcolm Futhey with counsel Ann Caresani all participated. Despite extensive negotiations, case did not resolve. (Court Reporter: n/a)Time: 6 hours 5 mins. (O,K) |
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Order [non-document] granting Plaintiff's #34 Motion for Extension of Time to File until 6/19/2018 to file response/reply to Defendants' #32 Joint Motion for partial summary judgment. Approved by Judge Solomon Oliver, Jr. on 5/21/2018.(R,Sh)
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| Filing 35 Joint Response to #34 Motion for extension of time until 6/19/2018 to file response/reply to #32 Joint Motion for partial summary judgment filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers, United Transportation Union. (Goldstein, Joyce) |
| Filing 34 Motion for extension of time until 6/19/2018 to file response/reply to #32 Joint Motion for partial summary judgment filed by Plaintiff Secretary of the Department of Labor. Related document(s) #32 . (Attachments: #1 Exhibit 1: Email to All Counsel)(Steele, Hema)(unsigned) Modified text on 5/18/2018 (S,SR). |
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Order [non-document]: On or before 3:00 p.m. on Monday, 5/21/2018, plaintiff must supplement its mediation statement by providing a brief response, of up to ten pages, to the legal arguments asserted in defendants' joint motion for summary judgment. (ECF Doc. #32 ) In particular, the court is interested in any case law or other support showing that the administrative fees received by defendants were "plan assets." This supplement is necessary for the court to conduct a meaningful mediation on Tuesday, 5/22/2018. Magistrate Judge Thomas M. Parker on 5/18/2018. (O,K)
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Order [non-document] granting Defendants #33 Motion to excuse appearance of Joseph Sellers and Joseph Nigro at the 5/22/2018 Settlement Conference. Sellers/Nigro must be available by telephone (if needed) during the conference and their counsel and/or representatives must have full authority to negotiate and conclude a settlement on their behalf. Call-in instructions will be emailed. Magistrate Judge Thomas M. Parker on 5/16/2018. (O,K)
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| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte Telephone Conferences held on 5/11/2018. Plaintiff's attorneys Joseph Berndt and Hema Steele; United Transportation Union's attorneys Richard McCracken and Joyce Goldstein; Defendants SMART Group VSTD Plan/Nigro/McClees/Seller/Previsich's attorneys Alexander Gormley and Marc Rifkind; Futhey's attorney Ann Caresani all particiapted. The court and counsel discussed background information in order to prepare for the upcoming settlement conference. (O,K) |
| IMPORTANT: Notice [non-document]. The Telephonic Conference set for TODAY 5/10/2018 at 3:30PM is hereby canceled. The Court will reschedule in the near future. Related document #30 . (R,Sh) |
| Filing 33 Consent Motion to excuse appearance of Defendants Joseph Sellers and Joseph Nigro from Mediation/Settlement Conference filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers, United Transportation Union. (Rifkind, Marc) |
| Filing 32 Joint Motion for partial summary judgment filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, Joseph Nigro, John Previsich, SMART Group VSTD Plan. (Attachments: #1 Brief in Support, #2 Declaration of Marc H. Rifkind in Support, #3 Exhibit 1 to Declaration in Support: VSTD Plan Document, #4 Exhibit 2 to Declaration in Support: VSTD Plan Trust Agreement, #5 Exhibit 3 to Declaration in Support: Announcement re Joseph Nigro's Retirement, #6 Exhibit 4 to Declaration in Support: DOL's Report of Interview of Tony Martella, #7 Exhibit 5 to Declaration in Support: DOL's Report of Interview of Mark Cook, #8 Exhibit 6 to Declaration in Support: UTU Memorandum, #9 Exhibit 7 to Declaration in Support: UTU Letter, #10 Exhibit 8 to Declaration in Support: UTU Board of Directors Resolution, #11 Exhibit 9 to Declaration in Support: SMART Letter, #12 Exhibit 10 to Declaration in Support: DOL's Answer to Defendant VSTD Plan's Request for Admission No. 14, #13 Exhibit 11 to Declaration in Support: UTU Constitution, #14 Exhibit 12 to Declaration in Support: Anthem Insurance Policy, #15 Exhibit 13 to Declaration in Support: Lincoln Financial Insurance Policy, #16 Exhibit 14 to Declaration in Support: Independent Fiduciary's Report, #17 Exhibit 15 to Declaration in Support: Email by Mark Cook, #18 Exhibit 16 to Declaration in Support: Email by Tony Martella, #19 Exhibit 17 to Declaration in Support: DOL Memorandum, #20 Exhibit 18 to Declaration in Support: Memorandum re Mutual of Omaha Voluntary Disability Insurance, #21 Exhibit 19 to Declaration in Support: Notice to VSTD Plan Members, #22 LR 7.1(f) Certification in Support)(Rifkind, Marc) |
| IMPORTANT: Notice [non-document] of hearings: Ex-parte Telephone Conferences set for 5/11/2018 at 10:00 AM with plaintiff's counsel; at 11:00 AM with Defendants SMART Group VSTD Plan/Nigro/McClees/Seller/Previsich's counsel; at 01:00 PM with Defendant Futhey's counsel; and at 03:00 PM with United Transportation Union's counsel all to be held before Magistrate Judge Thomas M. Parker. Call-in instructions previously emailed. (O,K) |
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Filing 31
Order Setting Mediation/Settlement Conference. Settlement Conference set for 5/22/2018 at 10:00 AM in Chambers 11B. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email or telephone to schedule the ex-parte telephone conference. Magistrate Judge Thomas M. Parker on 12/13/2017. (O,K)
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Filing 30
Minute Order of Case Management Conference held on 11/29/2017. Case is assigned to the complex track. A Telephonic Status Conference is set for 5/10/2018 at 03:30 PM in to be held telephonically before Judge Solomon Oliver Jr. Discovery due by 12/14/2018. Parties to be Joined and Pleading Amendments due by 6/15/2018. Dispositive Motions due by 2/15/2019. This case is hereby referred to Magistrate Judge Thomas M. Parker to conduct asettlement conference as soon as possible after May 1, 2018. Signed by Judge Solomon Oliver, Jr. on 11/29/2017. Time: 1 hour 15 minutes(R,Sh)
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| Filing 29 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by Secretary of the Department of Labor. (Berndt, Joseph) |
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Order [non-document] granting the Defendant's Consent Motion to Adjourn the Case Management Conference until November 29, 2017 and to allow certain defendants to appear by telephone, if needed. (Related Doc #28 ) The Case Management Conference is RESET to 11/29/2017 at 10:00 AM at Chambers 17A before Judge Solomon Oliver Jr. Approved by Judge Solomon Oliver, Jr. on 10/26/2017.(R,Sh)
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| Filing 28 Consent Motion to adjourn case management conference until November 29, 2017, Consent Motion to attend by telephone, Consent Motion to excuse appearance filed by Malcolm Futhey, International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, Transportation Workers - Transportation Division, Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers, United Transportation Union. Related document(s) #25 . (Rifkind, Marc) |
| Filing 27 Attorney Appearance by Joseph M. Berndt filed by on behalf of Secretary of the Department of Labor. (Berndt, Joseph) |
| Filing 26 Magistrate Consent Package issued. (R,Sh) |
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Filing 25
Case Management Conference Scheduling Order with case management conference to be held on 11/9/2017 at 02:00 PM at Chambers 17A before Judge Solomon Oliver Jr. Local Rule 16.3(b) requires the attendance of both parties and lead counsel. A report of this planning meeting shall be jointly signed and submitted to the Clerk for filing not less than 3 days before the CMC. Signed by Judge Solomon Oliver, Jr. on 10/6/2017. (R,Sh)
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| Filing 24 Answer to #1 Complaint filed by Malcolm Futhey. (Caresani, Ann) |
| Filing 23 Answer to #1 Complaint filed by Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers. (Gormley, Alexander) |
| Filing 22 Answer to #1 Complaint filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, Transportation Workers - Transportation Division, United Transportation Union. (Attachments: #1 Exhibit VSTD Administrative Services Agreement)(Goldstein, Joyce) |
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Order [non-document] granting Defendant Attorney's Motion to withdraw as attorney, attorney Barry Y. Freeman removed from case. (Related Doc #21 ). Approved by Judge Solomon Oliver, Jr. on 8/15/2017.(R,Sh)
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| Filing 21 Motion by Barry Y. Freeman to withdraw as attorney filed by Defendant Malcolm Futhey. (Freeman, Barry) |
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Order [non-document] granting the Defendants' Motions for Extension of time to answer or file a responsive pleading to plaintiff's complaint. All Defendants' answers are due by 10/5/2017, no further extensions will be granted. Related documents #20 , #17 , #18 . Approved by Judge Solomon Oliver, Jr. on 8/3/2017.(R,Sh)
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| Filing 20 Unopposed Motion for extension of time until 10/05/2017 to answer Plaintiff's Complaint filed by Defendant Malcolm Futhey. Related document(s) #1 . (Caresani, Ann) |
| Filing 19 Attorney Appearance by Ann M. Caresani, Christine M. Snyder and Scott J. Stitt filed by on behalf of Malcolm Futhey. (Caresani, Ann) Modified text on 7/28/2017 (S,SR). |
| Filing 18 Consent Motion for further extension of time until October 5, 2017 to file responsive pleading filed by Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers. Related document(s) #1 . (Gormley, Alexander) Modified text on 7/27/2017 (S,SR). |
| Filing 17 Consent Motion for extension of time until October 5, 2017 to answer filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, Transportation Workers - Transportation Division, United Transportation Union. (Goldstein, Joyce) |
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Order [non-document] granting Defendants' Motion for appearance pro hac vice by attorney Richard G. McCracken for International Association of Sheet Metal, Air, Rail, Transportation Workers,Richard G. McCracken for International Association of Sheet Metal, Air, Rail, Transportation Workers - Transportation Division. 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 #16 ). Approved by Judge Solomon Oliver, Jr. on 7/18/2017.(R,Sh)
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| Filing 16 Motion for attorney Richard G. McCracken to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8231551, filed by International Association of Sheet Metal, Air, Rail, Transportation Workers, International Association of Sheet Metal, Air, Rail, Transportation Workers - Transportation Division, United Transportation Union. (Attachments: #1 Exhibit Declaration of Richard McCracken)(Stoper, Richard) |
| Filing 15 Waiver of Service Returned Executed by Secretary of the Department of Labor. United Transportation Union waiver sent on 7/5/2017, answer due 9/4/2017. filed on behalf of Secretary of the Department of Labor (Steele, Hema) |
| Filing 14 Waiver of Service Returned Executed by Secretary of the Department of Labor. International Association of Sheet Metal, Air, Rail, Transportation Workers waiver sent on 7/5/2017, answer due 9/4/2017. filed on behalf of Secretary of the Department of Labor (Steele, Hema) |
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Order [non-document] granting Defendant Futhey's #13 Motion for Extension of Time Until 8/4/2017 to Answer or Plead. Approved by Judge Solomon Oliver, Jr on 7/5/2017.(D,M)
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| Filing 13 Consent Motion for extension of time until August 4, 2017 to answer or plead filed by Defendant Malcolm Futhey. (Freeman, Barry) |
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Order [non-document] granting Motions for appearance pro hac vice by Attorney Marc H. Rifkind (Related Doc #11 ) and Attorney Alexander M. Gormley (Related Doc #12 ). 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. Approved by Judge Solomon Oliver, Jr on 6/27/2017.(D,M)
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| Filing 12 Motion for attorney Alexander M. Gormley to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8214780, filed by Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers. (Attachments: #1 Exhibit A (Declaration & Certificate of Good Standing))(Gallagher, Timothy) Modified exhibit text on 6/27/2017 (G,CA). |
| Notice to Attorney Alexander M. Gormley. 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) #10 . (G,CA) |
| Filing 11 Motion for attorney Marc H. Rifkind to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8209604, filed by Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers. (Attachments: #1 Exhibit A Declaration & Certificate of Good Standing)(Gallagher, Timothy) Modified exhibit text on 6/22/2017 (G,CA). |
| Filing 10 Consent Motion for extension of time until August 4, 2017 to answer Or Otherwise Respond To Complaint filed by Richard McClees, Joseph Nigro, John Previsich, SMART Group VSTD Plan, Joseph Sellers. Related document(s) #1 . (Gallagher, Timothy) |
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Order [non-document] granting #10 Motion for Extension of Time to Answer until 8/4/2017, by Defendants Richard McClees; Joseph Nigro; John Previsich; and SMART Group VSTD Plan. Approved by Judge Solomon Oliver, Jr on 6/20/2017.(D,M)
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| Filing 9 Waiver of Service Returned Executed by Malcolm Futhey. Malcolm Futhey waiver sent on 5/5/2017, answer due 7/4/2017. filed on behalf of Malcolm Futhey (Freeman, Barry) |
| Filing 8 Waiver of Service Returned Executed by Secretary of the Department of Labor. SMART Group VSTD Plan waiver sent on 5/5/2017, answer due 7/4/2017. filed on behalf of Secretary of the Department of Labor (Steele, Hema) |
| Filing 7 Waiver of Service Returned Executed by Secretary of the Department of Labor. Joseph Sellers waiver sent on 5/5/2017, answer due 7/4/2017. filed on behalf of Secretary of the Department of Labor (Steele, Hema) |
| Filing 6 Waiver of Service Returned Executed by Secretary of the Department of Labor. John Previsich waiver sent on 5/5/2017, answer due 7/4/2017. filed on behalf of Secretary of the Department of Labor (Steele, Hema) |
| Filing 5 Waiver of Service Returned Executed by Secretary of the Department of Labor. Joseph Nigro waiver sent on 5/5/2017, answer due 7/4/2017. filed on behalf of Secretary of the Department of Labor (Steele, Hema) |
| Filing 4 Waiver of Service Returned Executed by Secretary of the Department of Labor. Richard McClees waiver sent on 5/5/2017, answer due 7/4/2017. filed on behalf of Secretary of the Department of Labor (Steele, Hema) |
| Filing 3 Civil Cover Sheet to #1 Complaint filed by R. Alexander Acosta. Related document(s) #1 . (Steele, Hema) Modified text on 5/4/2017 (S,SR). |
| Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (P,WL) |
| Judge Solomon Oliver, Jr assigned to case. (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 Thomas M. Parker. (P,WL) |
| Filing 1 Complaint against All Defendants.. Filing fee exempt. Filed by Secretary of the Department of Labor. (Attachments: #1 Civil Cover Sheet) (Steele, Hema) Modified filer name on on 5/3/2017 (P,WL). |
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