Burns v. Ford Motor Company General Retirement Plan et al
Sidney A. Burns |
Ford Motor Company General Retirement Plan, UniCare Life & Health Insurance Company and Ford National Employee Services Center |
5:2013cv01615 |
July 25, 2013 |
US District Court for the Northern District of Ohio |
Akron Office |
Stark |
John R Adams |
Labor: E.R.I.S.A. |
29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
None |
Docket Report
This docket was last retrieved on September 24, 2014. A more recent docket listing may be available from PACER.
Document Text |
---|
![]() |
Filing 53 Stipulation of Dismissal With Prejudice Under FRCP 41(a)(1) filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. (Tucker, Robert) Modified text on 9/26/2014 (M,TL). |
Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; telephonic status conference regarding terms of settlement held on 9/9/14; Peter D. Traska participated as counsel for plaintiff, and Robert J. Tucker participated as counsel for defendants; matter resolved; (Court Reporter: None);Time: 10 minutes. (S,AA) |
Filing 52 Notice of Hearing: Counsel have advised the Court that a dispute has arisen regarding the terms of settlement; pursuant to the agreement of counsel, a telephonic conference upon this matter is scheduled before Magistrate Judge George J. Limbert on 9/9/14 at 3:00 p.m.; the Court shall set up the conference call to counsel. (S,AA) |
![]() |
Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert. Status Conference held on 8/7/2014. Present were Attorney Peter Traska and Law Clerk Eric Cherry as counsel for Plaintiff; Attorneys Robert Tucker and Ron Linville as counsel for Defendants; Plaintiff Sidney A. Burns and Keith Murray as party representative for Defendant Ford Motor Company. Matter settled. Parties to submit an agreed order of dismissal within 30 days to the Court. (Court Reporter: ECRO: L. Salyers.)Time: 2 Hours. (S,L) |
Filing 51 Status Report/Position Statement filed by All Plaintiffs. Related document(s) #39 .(Traska, Peter) |
Filing 50 Status Report/Position Statement filed by Ford Motor Company General Retirement Plan, and Ford National Employee Services Center. Related document(s) #39 . (Tucker, Robert) Modified text on 8/5/2014 (M,De). |
Filing 49 Supplement 6 to #43 Motion to supplement Administrative Record filed by All Plaintiffs. Related document #43 . (Document unsigned.) (Traska, Peter) Modified text and attorney notified on 8/8/2014 (M,TL). |
Filing 48 Supplement 5 to #43 Motion to supplement Administrative Record filed by All Plaintiffs. Related document #43 . (Document unsigned.) (Traska, Peter) Modified text and attorney notified on 8/8/2014 (M,TL). |
Filing 47 Supplement 4 to #43 Motion to supplement Administrative Record filed by All Plaintiffs. Related document #43 . (Document unsigned.) (Traska, Peter) Modified text and attorney notified on 8/8/2014 (M,TL). |
Filing 46 Supplement 3 to #43 Motion to supplement Administrative Record filed by All Plaintiffs. Related document #43 . (Document unsigned.) (Traska, Peter) Modified text and attorney notified on 8/8/2014 (M,TL). |
Filing 45 Supplement 2 to #43 Motion to supplement Administrative Record filed by All Plaintiffs. Related document #43 . (Document unsigned.) (Traska, Peter) Modified text and attorney notified on 8/8/2014 (M,TL). |
Filing 44 Supplement to #43 Motion to supplement Administrative Record filed by All Plaintiffs. Related document #43 . (Document unsigned.) (Traska, Peter) Modified text and attorney notified on 8/8/2014 (M,TL). |
Filing 43 Motion to supplement Administrative Record filed by Plaintiff Sidney A. Burns. Related document(s) #41 , #24 . (Traska, Peter) |
Filing 42 First Motion for extension of Expert Reports until 8/30/14 filed by Plaintiff Sidney A. Burns. (Traska, Peter) |
Filing 41 Motion for partial summary judgment filed by Plaintiff Sidney A. Burns. (Attachments: #1 Affidavit of Eric J. Cherry, #2 Affidavit of Counsel, #3 Exhibit hours tracking, #4 Exhibit hours tracking, #5 Exhibit tro emails, #6 Exhibit exposure emails, #7 Exhibit planning rot emails, #8 Exhibit Letter 8/23/13, #9 Exhibit Letter 9/6/13, #10 Exhibit Letter 10/18/13, #11 Exhibit Letter 10/28/13, #12 Exhibit Letter 10/7/13, #13 Exhibit RC emails, #14 Exhibit Demand Letter, #15 Exhibit RC Letter, 12/26, #16 Exhibit Ltr 11/26, follow up to mtg)(Traska, Peter) |
Filing 40 Reply of Defendant Ford Motor Company General Retirement Plan, and Ford National Employee Services Center to Plaintiffs' #36 Opposition to #28 Motion for summary judgment. (Tucker, Robert) Modified text on 7/28/2014 (M,De). |
![]() |
Filing 38 Response to #37 Reschedule Status Conference filed by All Plaintiffs. (Traska, Peter) Modified text on 7/23/2014 (S,L). |
Filing 37 Motion to Reschedule the 7/29/14 Status Conference filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. Related document(s) #32 . (Tucker, Robert) Modified text to match document on 7/23/2014 (S,L). |
![]() |
![]() |
Filing 36 Opposition to #28 Motion for summary judgment, filed by All Plaintiffs. (Attachments: #1 Exhibit email 8/14/13, #2 Exhibit Ltr 8/23/13, #3 Exhibit Ltr 10/28/13, #4 Exhibit Ltr 11/25/14, #5 Exhibit email 1/17/14, #6 Exhibit Ltr 3/26/14, #7 Exhibit email 8/23/13)(Traska, Peter) Modified text on 7/9/2014 (M,TL). |
Filing 35 Motion for Leave to File Opposition to #28 Motion for Summary Judgment filed by Plaintiff Sidney A. Burns. (Traska, Peter) Modified text and added link on 7/9/2014 (M,TL). |
Filing 34 Motion for Leave to Exceed the Page Limitation for Opposition to Summary Judgment filed by Plaintiff Sidney A. Burns. (Traska, Peter) Modified text on 7/9/2014 (M,TL). |
Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; telephonic conference held on 6/27/14 regarding defendants Ford Motor Company General Retirement Plan and Ford National Employee Services Center's motion for protective order (Related document #31 ) and upon plaintiff's motion to compel discovery and opposition to protective order (Related document #33 ); Peter D. Traska participated as counsel for plaintiff; Ronald G. Linville and Robert J. Tucker participated as counsel for defendants Ford Motor Company General Retirement Plan and Ford National Employee Services Center; (Court Reporter: None); Time: 20 minutes. (S,AA) |
Pursuant to General order 2014-6, this case has been randomly reassigned to Judge John R. Adams. (S,He) |
Filing 33 Motion to compel discovery and Opposition to Motion for Protective Order filed by Plaintiff Sidney A. Burns. Related document(s) #31 , #32 . (Attachments: #1 Exhibit Deposition Excerpts, Sid Burns)(Traska, Peter) |
![]() |
Filing 31 Motion for protective order regarding Plaintiff's Discovery Requests and Notice of Rule 30(B)(6) Deposition filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Brief in Support Memorandum in Support of Motion for Protective Order, #2 Affidavit Exhibit A - Declaration of Robert J. Tucker)(Tucker, Robert) Modified text on 6/23/2014 (H,KR). |
Filing 30 Response to #29 Motion to reschedule the June 27, 2014 status conference filed by Sidney A. Burns. (Traska, Peter) |
Filing 29 Motion to reschedule the June 27, 2014 status conference filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. Related document(s) #23 . (Tucker, Robert) Modified text on 6/19/2014 (H,KR). |
Filing 28 Motion for summary judgment filed by defendants Ford Motor Company General Retirement Plan and Ford National Employee Services Center. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Opinion No. 77-08 (E.R.I.S.A.), 1977 WL 5394, #3 Exhibit B - Opinion No. 77-33 (E.R.I.S.A.), 1977 WL 5396, #4 Exhibit C - Excerpts of deposition transcript of Sidney A. Burns)(S,AA) |
![]() |
Filing 26 Notice of Filing Deposition Transcript filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Exhibit A - Deposition Transcript of Sydney A. Burns 8/15/13, #2 Exhibit B - Exhibits to the Deposition Transcript of Sydney A. Burns 8/15/13)(Tucker, Robert) |
Filing 25 Motion for leave to file, instanter, their memorandum in support of their motion for summary judgment in excess of the page limitation filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Proposed Order Proposed Order, #2 Pleading Motion of Defendants for Summary Judgment, #3 Pleading Memorandum of Defendants in Support of Motion for Summary Judgment, #4 Exhibit A - Op No. 77-08, #5 Exhibit B - Op No. 77-33, #6 Exhibit C - Excerpts from the deposition transcript of Sydney Burns)(Tucker, Robert) Modified on 6/6/2014 (H,KR). |
Filing 24 Notice of Filing of Administrative Record filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. (Attachments: #1 Affidavit Declaration of Kenneth C. Mitchell, #2 Exhibit 1 - Record part 1 of 9, #3 Exhibit 1 - Record part 2 of 9, #4 Exhibit 1 - Record part 3 of 9, #5 Exhibit 1 - Record part 4 of 9, #6 Exhibit 1 - Record part 5 of 9, #7 Exhibit 1 - Record part 6 of 9, #8 Exhibit 1 - Record part 7 of 9, #9 Exhibit 1 - Record part 8 of 9, #10 Exhibit 1 - Record part 9 of 9)(Tucker, Robert) |
![]() |
Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; case management conference held on 1/15/14; Peter D. Traska was present as counsel for plaintiff; Ronald G. Linville and Robert J. Tucker were present as counsel for defendants; case is assigned to the standard track; (Court Reporter: None);Time: 25 minutes. (S,AA) |
Filing 22 Unopposed Motion for extension of time until January 15, 2014 @ 3:30 pm for Case Management Conference filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. (Tucker, Robert) Modified text on 1/6/2014 (R,Sh). |
![]() |
Filing 21 Joint Report of Parties' Planning Meeting , filed by Sidney A. Burns. (Traska, Peter) |
Filing 20 Motion to attend January 2, 2014 Case Management Conference by telephone filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. Related document(s) #19 . (Tucker, Robert) |
![]() |
![]() |
Filing 18 Status Report in response to Court's Decemeber 6, 2013 Order filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. Related document(s) #16 .(Tucker, Robert) Modified text on 12/16/2013 (H,KR). |
Filing 17 Status Report of Plaintiff filed by Sidney A. Burns. (Attachments: #1 Exhibit Retirement Committee Letter, 8/21/13, #2 Exhibit Letter to Counsel, 8/23, #3 Exhibit Demand Letter, 11/15)Related document(s) #16 .(Traska, Peter) |
![]() |
Filing 15 Answer to #1 Complaint, filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. (Tucker, Robert) |
Filing 14 Unopposed Motion for extension of time until December 6, 2013 to answer filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. Related document(s) #1 . (Attachments: #1 Brief in Support Memorandum in Support of Unopposed Second Motion for an Extension of Time to Move or Plead in Response to the Complaint, #2 Proposed Order Proposed Order)(Tucker, Robert) |
![]() |
![]() |
Filing 13 Motion for extension of time until 11/11/13 to answer filed by Ford Motor Company General Retirement Plan, Ford National Employee Services Center. Related document(s) #1 . (Attachments: #1 Brief in Support Memorandum in Support of Motion for an Extension of Time to Move or Plead to the Complaint, #2 Proposed Order Proposed Order)(Tucker, Robert) |
![]() |
![]() |
Filing 11 Reply in Support of Motion to Proceed with Preliminary Injunction Hearing filed by Sidney A. Burns. Related document(s) #7 . (Attachments: #1 Exhibit Scrivenor's Error) (Traska, Peter) |
Filing 10 Opposition to #7 Motion to proceed with hearing on preliminary injunction on August 20, 2013 filed by Ford Motor Company General Retirement Plan. (Tucker, Robert) |
![]() |
Filing 8 Notice of Hearing: Pursuant to the request of counsel, a telephonic conference is scheduled before Magistrate Judge George J. Limbert on 8/13/13 at 2:30 p.m.; counsel for defendants shall set up the conference call. (S,AA) |
Filing 7 Motion to proceed with hearing on preliminary injunction on August 20, 2013 filed by Plaintiff Sidney A. Burns. Related document(s) #3 . (Attachments: #1 Brief in Support of Motion for Preliminary Injunction, #2 Exhibit Re: suspension of recoupment)(Traska, Peter) Modified text on 8/14/2013 (H,KR). |
Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; telephonic status conference held on 8/13/13; discussion held regarding defendants' counsel's concern as to the timing and scope of the hearing upon plaintiff's motion for preliminary injunction; Peter D. Traska participated as counsel for plaintiff; Ronald G. Linville and Robert J. Tucker participated as counsel for defendants; (Court Reporter: None);Time: 30 minutes. (S,AA) |
Filing 6 Notice of Hearing: A hearing upon plaintiff's motion for temporary restraining order is scheduled before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 8/20/13 at 9:00 a.m. (Related document #3 ). (S,AA) |
Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; telephonic status conference held on 8/5/13; Peter D. Traska participated as counsel for plaintiff, and Ronald G. Linville participated as counsel for defendants Ford Motor Company General Retirement Plan and Ford National Employee Services Center; plaintiff's counsel requested that a hearing on his motion for temporary restraining order be scheduled for this week; defendants' counsel requested that the hearing be scheduled at a later time; counsel were advised that, despite the objection of plaintiff's counsel, the hearing upon plaintiff's motion for temporary restraining order is scheduled before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 8/20/13 at 9:00 a.m. (Court Reporter: None); Time: 20 minutes. (S,AA) Modified to remove document number on 1/2/15 as entry is a non-document entry (S,HR). |
Filing 4 Attorney Appearance by Robert J. Tucker and Ronald G. Linville filed by on behalf of Ford Motor Company General Retirement Plan, Ford National Employee Services Center. (Tucker, Robert) |
Filing 3 Motion for temporary restraining order filed by Plaintiff Sidney A. Burns. (Attachments: #1 Brief in Support, #2 Affidavit of Plaintiff Sidney Burns, #3 Exhibit A-Letter 2/15/13, #4 Exhibit B- Previous Calculations, #5 Exhibit C-Repayment Correspondence, #6 Exhibit D-Letters from Counsel, #7 Exhibit E-Letter 5/7/13, #8 Exhibit F-RepLtr, #9 Proposed Order)(Traska, Peter) Modified on 8/5/2013 (H,KR). |
![]() |
Filing 2 Original Summons and Magistrate Consent Form issued for service upon Ford Motor Company General Retirement Plan, Ford National Employee Services Center, UNICARE Life & Health Insurance Company. (Attachments: #1 Magistrate Consent Form) (M,TL) |
Filing 1 Complaint Verfied against All Defendants. Filing fee paid $ 400, Receipt number 0647-6101308. Filed by Sidney A. Burns. (Attachments: #1 Civil Cover Sheet, #2 Summons Ford General Retirement Plan, #3 Summons National Employee Services Center, #4 Summons UNICARE Life & Health Ins. Co.) (Traska, Peter) |
Judge David D. Dowd, Jr. assigned to case. (M,TL) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.