Local 109 Board of Trustees of the Operative Plasterers and Cement Masons Pension Fund v. All American Acoustic and Drywall, Inc.
| Local 109 Board of Trustees of the Operative Plasterers and Cement Masons Pension Fund |
| All American Acoustic and Drywall, Inc. |
| 5:2015cv02361 |
| November 18, 2015 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Sara Lioi |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
43
Memorandum Opinion and Order: Due to the original mischaracterization of this case as a "briefing only" review of an administrative record, a mischaracterization that the parties failed to point out to the Court, no discovery has bee n conducted in this case which may only be resolved by summary judgment or trial. To avoid injustice through error, the Court establishes the following case management and trial schedule: 1. The parties will have 90 days from the date of this order t o conduct discovery; 2. A final pretrial conference will then be held on December 20, 2018 at 10:00 a.m., and trial will begin on January 7, 2019, at 8:00 a.m. on a two-week, standby basis. With that, each of the outstanding motions must be denied. (Doc. Nos. 35 , 40 , & 41 .) Judge Sara Lioi on 8/29/2018. (P,J)
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Filing
30
Memorandum Opinion and Order: Defendant's motion to dismiss pursuant to Fed. R. Civ. P. 41(b) is denied. (Doc. No. 25 .) The Court will issue an amended case management plan by separate order, which will include a revised date by which p laintiff must file the administrative record. Plaintiff is advised that the administrative record must be separately (and timely) filed; plaintiff may not simply refer to previously filed documents to satisfy this obligation. Failure of plaintiff to comply with Court orders or to meet case deadlines may result in sanctions, up to and including dismissal. Given that the Court will established new case management deadlines, plaintiff's motion for a second case management conference is denied. (Doc. No. 27 .) Judge Sara Lioi on 7/20/2017. (P,J)
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Filing
24
Memorandum Opinion and Order: For the reasons set forth herein, each party's motion for judgment on the pleadings under Rule 12(c) is denied without prejudice. (Doc. No. 12 part 2; Doc. No. 17 part 1.) Plaintiff's motion for fee s and costs is premature and is, therefore, also denied without prejudice. (Doc. No. 17 part 2.) Further, defendant's Rule 12(b) motion to dismiss for failure to state a claim (Doc. No. 12 part 1) is granted; however, before the Court enters a dismissal order, plaintiff will be afforded fourteen (14) days from the date of this order to file an amended complaint. Judge Sara Lioi on 9/22/2016. (S,He)
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| Plaintiff: Local 109 Board of Trustees of the Operative Plasterers and Cement Masons Pension Fund | |
| Represented By: | Thomas J. Griffith |
| Represented By: | Timothy R. Piatt |
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| Defendant: All American Acoustic and Drywall, Inc. | |
| Represented By: | Todd A. Harpst |
| Represented By: | Vincent V. Vigluicci |
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