Cannon v. Crown Cork & Seal Company, Inc.
Plaintiff: Cannon and Vernon Cannon
Defendant: Crown Cork & Seal Company, Inc.
Case Number: 3:2017cv00003
Filed: January 2, 2017
Court: US District Court for the Northern District of Ohio
Office: Toledo Office
County: Lucas
Presiding Judge: Jeffrey J Helmick
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2018 Filing 27 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #25 Notice of Appeal (USCA# 18-3280). Date issued as mandate 9/19/18, Costs: None (H,SP)
April 3, 2018 Acknowledgment from the USCA for Sixth Circuit of receipt of #25 Notice of Appeal (USCA# 18-3280). Date filed in USCA 3/30/18. (H,SP)
March 26, 2018 Filing 25 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #23 Memorandum Opinion and #24 Judgment Entry of 3/19/18, filed by Vernon Cannon. (Filing fee $505 paid, receipt number 0647-8620157) (Portnoy, Michael)
March 19, 2018 Filing 24 Judgment Entry: For the reasons stated in the Memorandum Opinion filed concurrently, Crown Cork & Seal Co., Inc.'s motion to dismiss is granted. Accordingly, both outstanding motions for summary judgment are dismissed as moot. re #23 Judge Jeffrey J. Helmick on 3/19/2018. (S,AL)
March 19, 2018 Filing 23 Memorandum Opinion: Crown Cork & Seal Co., Inc.'s motion to dismiss is granted. Accordingly, both motions for summary judgment are dismissed as moot. re #17 #13 #20 . Judge Jeffrey J. Helmick on 3/19/2018. (S,AL)
May 30, 2017 Filing 22 Reply in support of #20 Cross Motion for summary judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Crown Cork & Seal Company, Inc.. (Dow, Dustin)
May 15, 2017 Filing 21 Response to #20 Cross Motion for summary judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Vernon Cannon. (Portnoy, Michael) Modified text on 5/16/2017 (H,JD).
May 4, 2017 Filing 20 Cross Motion for summary judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Defendant Crown Cork & Seal Company, Inc.. Related document(s) #17 . (Attachments: #1 Brief in Support Defendant Crown Cork & Seal Company Inc.'s Combined Memorandum in Support of Its Cross Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment, #2 Exhibit A - Cannon's Claim File, #3 Exhibit B - Savitske Declaration, #4 Exhibit C - Plan Documents)(Dow, Dustin)
April 13, 2017 Filing 19 Reply in support of #13 Motion to dismiss for failure to state a claim filed by Crown Cork & Seal Company, Inc.. (Dow, Dustin)
April 13, 2017 Filing 18 Attorney Appearance by Dustin M. Dow filed by on behalf of Crown Cork & Seal Company, Inc.. (Dow, Dustin)
April 4, 2017 Filing 17 Motion for summary judgment with memorandum in support filed by Plaintiff Vernon Cannon. (Attachments: #1 Exhibit, #2 Proposed Order)(Portnoy, Michael) Modified text on 4/5/2017 (H,JD).
March 31, 2017 Filing 16 Reply to #15 Supplement in Support of Defendant's #13 Motion to Dismiss Plaintiff's Complaint filed by Vernon Cannon. (Portnoy, Michael) Modified text on 3/31/2017 (H,JD).
March 30, 2017 Filing 15 Supplement in Support of Defendant's #13 Motion to Dismiss Plaintiff's Complaint filed by Defendant Crown Cork & Seal Company, Inc. Related document(s) #13 . (Attachments: #1 Exhibit A - Summary Plan Description)(Mersol, Gregory) Modified text, event on 3/31/2017 (H,JD).
March 30, 2017 Filing 14 Opposition with memorandum to #13 Motion to dismiss for failure to state a claim filed by Vernon Cannon. (Portnoy, Michael) Modified text on 3/30/2017 (H,JD).
March 29, 2017 Filing 13 Motion to dismiss for failure to state a claim filed by Defendant Crown Cork & Seal Company, Inc.. (Attachments: #1 Brief in Support Memorandum of Law in Support of Motion to Dismiss)(Mersol, Gregory)
March 22, 2017 Filing 12 Marginal Entry Order granting #11 Unopposed Motion for Extension of Time to Answer. Defendant Crown Cork & Seal Company, Inc. answer due 3/29/2017. Judge Jeffrey J. Helmick on 3/22/2017.(SG,D)
March 21, 2017 Filing 11 Unopposed Motion for extension of time until March 29, 2017 to answer filed by Defendant Crown Cork & Seal Company, Inc.. (Mersol, Gregory)
March 15, 2017 Filing 10 Marginal Entry Order granting #9 Unopposed Motion for Extension of Time to Answer. Defendant Crown Cork & Seal Company, Inc. answer due 3/22/2017. Judge Jeffrey J. Helmick on 3/15/2017.(SG,D)
March 14, 2017 Filing 9 Unopposed Motion for extension of time until March 22, 2017 to answer filed by Defendant Crown Cork & Seal Company, Inc.. (Mersol, Gregory)
March 2, 2017 Filing 8 Marginal Entry Order granting #7 Second Motion for Extension of Time to Answer. Defendant Crown Cork & Seal Company, Inc. answer due 3/15/2017. Judge Jeffrey J. Helmick on 3/2/2017.(SG,D)
February 28, 2017 Filing 7 Unopposed Motion for extension of time until March 15, 2017 to answer Complaint to Permit ERISA Appeal to Proceed with memorandum in support filed by Defendant Crown Cork & Seal Company, Inc. (Mersol, Gregory) Modified text on 2/28/2017 (H,JD).
January 31, 2017 Filing 6 Marginal Entry Order granting #5 Unopposed Motion for Extension of Time to Answer. Defendant Crown Cork & Seal Company, Inc. answer due 3/1/2017..Judge Jeffrey J. Helmick on 1/31/2017.(SG,D)
January 27, 2017 Filing 5 Unopposed Motion for extension of time until 03/01/17 to answer Complaint to Permit ERISA Appeal to Proceed filed by Defendant Crown Cork & Seal Company, Inc.. Related document(s) #1 . (Mersol, Gregory)
January 19, 2017 Filing 4 Return of Service by certified mail executed upon Crown Cork & Seal on 1/10/2017, filed on behalf of Vernon Cannon. Related document(s) #1 . (Portnoy, Michael) Modified text on 1/19/2017, party served listed as Plaintiff and not Defendant (H,JD).
January 3, 2017 Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Crown Cork & Seal Company, Inc. (Attachments: #1 Magistrate Consent Form) (M,L)
January 3, 2017 Judge Jeffrey J. Helmick assigned to case. (H,JD)
January 3, 2017 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (H,JD)
January 3, 2017 Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (M,L)
January 2, 2017 Filing 2 Praecipe for issuance of Alias Summons filed by Vernon Cannon. (Portnoy, Michael)
January 2, 2017 Filing 1 Complaint against Crown Cork & Seal Company, Inc. Filing fee paid $ 400, Receipt number 0647-7961982. Filed by Vernon Cannon. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit: Summary Plan Description, #4 Exhibit: Letter from Crown Cork & Seal Company, Inc. dated 1/21/2016) (Portnoy, Michael) Modified parties, descriptions and docket text on 1/3/2017 (M,L).

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Plaintiff: Cannon
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Plaintiff: Vernon Cannon
Represented By: Michael D. Portnoy
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Defendant: Crown Cork & Seal Company, Inc.
Represented By: Gregory V. Mersol
Represented By: Dustin M. Dow
Represented By: Gilbert P. Brosky
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