Lear Siegler Diversified Holdings Corp v. Safelite Group, Inc., et al
| Lear Siegler Diversified Holdings Corp |
| SGC Associates Pension Plan, Safelite Group, Inc, Safelite Group, Inc., Safelite Glass Corp., Individually, Safelite Glass Corp. as Sponsor of the Lear Siegler Diversified Holdings Corp Retirement Plan now know as SGC Associates Pension Plan and the Lear Siegler Diversified Holdings Corp. Retirement Plan |
| 1:2005cv00687 |
| October 24, 2005 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| Timothy S Hogan |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| Plaintiff |
Docket Report
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Filing 55
ORDER of USCA as to #49 Notice of Appeal filed by Lear Siegler Diversified Holdings Corp. Upon consideration of theparties' stipulation to dismiss, it is ORDERED that the case is dismissed. (jlw1)
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| Filing 54 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendants SGC Associates Pension Plan, Safelite Group, Inc, Safelite Group, Inc. re #46 MOTION for Attorney Fees (Martin, Ted) |
| Filing 53 Transcript of Motion Hearing Proceedings held on 5/13/2009, before Magistrate Judge Timothy S. Hogan. Court Reporter/Transcriber Luke Lavin, Official Reporter, Telephone number 513-564-7675. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 9/16/2009. Redacted Transcript Deadline set for 9/28/2009. Release of Transcript Restriction set for 11/24/2009. (art, ) |
| Filing 52 Minute Entry: Case called this date before Magistrate Judge Timothy S Hogan for Telephone Status Conference held on 8/18/2009 regarding the pending motions for attorney fees. (Court Reporter none present.) (art, ) |
| Filing 51 NOTICE of Status Conference regarding Motion for Attorney Fees set for Tuesday, 8/18/2009 at 03:00 PM via telephone before Magistrate Judge Timothy S Hogan. (art, ) |
| USCA Case Number 09-3969 for #49 Notice of Appeal filed by Lear Siegler Diversified Holdings Corp. Jill Colyer is the case manager. (jweb1, ) |
| Filing 50 STIPULATION Joint Notice and Stipulation of the Parties by Plaintiff Lear Siegler Diversified Holdings Corp. (Approved by Mag. Judge Hogan at 8/18/2009 telephone status conference) (Makee, Dan) (art, ). Modified on 8/19/2009 (art, ). |
| Filing 49 NOTICE OF APPEAL by Plaintiff Lear Siegler Diversified Holdings Corp. Filing fee $ 455, receipt number 06480000000002262185. (Makee, Dan) |
| Filing 48 RESPONSE in Opposition to Motion re #47 MOTION to apply Fed. R. civ P. 58 (e) re #46 MOTION for Attorney Fees filed by Defendants Safelite Group, Inc, Safelite Group, Inc., SGC Associates Pension Plan. (Martin, Ted) Modified to clarify docket text on 8/13/2009 (jweb1, ). |
| Filing 47 MOTION to apply Fed. R. civ P. 58 (e) re #46 MOTION for Attorney Fees by Plaintiff Lear Siegler Diversified Holdings Corp. (Makee, Dan) |
| Filing 46 MOTION for Attorney Fees by Defendants Safelite Group, Inc, Safelite Group, Inc., SGC Associates Pension Plan. (Attachments: #1 Exhibit 1 Declaration of Cynthia L. Elliott, Esq., #2 Exhibit 2 Declaration of Brenda S. Downing) (Martin, Ted) |
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Filing 45
JUDGMENT in a Civil Case pursuant to #44 Order entered by Magistrate Judge Timothy S. Hogan granting defendant's #34 Motion for Judgment and denying plaintiff's #35 Motion for Judgment. (art, ) Modified on 7/13/2009 (art, ).
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Filing 44
ORDER granting #34 defendant's Motion for Judgment as a Matter of Law; and denying #35 plaintiff's Motion for Judgment as a Matter of Law. Judgment shall be entered in favor of defendant in accordance with the Court's decision. Signed by Magistrate Judge Timothy S Hogan on 7/10/2009. (art, )
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| Filing 43 NOTICE by Plaintiff Lear Siegler Diversified Holdings Corp, Defendants Safelite Group, Inc, Safelite Group, Inc., SGC Associates Pension Plan of Joint Filng of Material Inadvertently Omitted From Document 35 (Attachments: #1 Omitted Document) (Martin, Ted) |
| Filing 42 Minute Entry: Case called this date before Magistrate Judge Timothy S Hogan for oral argument on parties #34 & #35 MOTIONS for Judgment as a Matter of Law. Counsel for plaintiff and defendant present. Arguments heard. Matter taken under submission. Order of the Court to follow. (Court Reporter Luke Lavin, Official Reporter.) (art, ) |
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Filing 41
ORDER granting defendants' #38 Motion for Leave to File notice of supplemental authority. Signed by Magistrate Judge Timothy S Hogan on 5/13/2009. (art, )
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| Filing 40 NOTICE of Hearing: Oral Argument set for Wednesday, 5/13/2009 09:30 AM in Courtroom 701 - Cincinnati before Magistrate Judge Timothy S Hogan. (art, ) |
| Filing 39 Memorandum Supporting re #38 MOTION for Leave to File Supplemental Authority filed by Defendants Safelite Group, Inc, Safelite Group, Inc., SGC Associates Pension Plan. (Attachments: #1 Exhibit 1 Notice of Supplemental Authority, #2 Exhibit 2 Praxair v. Union Carbide Corp.) (Martin, Ted) Modified docket text on 3/28/2008 (scot1, ). |
| Filing 38 MOTION for Leave to File Supplemental Authority by Defendants Safelite Group, Inc, Safelite Group, Inc., SGC Associates Pension Plan. (Martin, Ted) |
| Filing 37 RESPONSE in Opposition re #35 MOTION for Judgment as a Matter of Law with Memorandum in Support filed by Defendants. (Attachments: #1 Exhibit 1 - A.C. Steelman v. Prudential#2 Exhibit 2 - RLJCS Ent. v. Professional Benefit#3 Exhibit 3 - Beck v. Pace Int.#4 Exhibit 4 - Bishop v. Lucent) (Martin, Ted) Modified on 6/19/2007 (tt1, ). |
| Filing 36 RESPONSE in Opposition re #34 MOTION for Judgment as a Matter of Law filed by Plaintiff. (Makee, Dan) Modified on 6/19/2007 - to modify docket text (tt1, ). |
| Filing 35 MOTION for Judgment as a Matter of Law with Memorandum in Support by Plaintiff Lear Siegler Diversified Holdings Corp. Responses due by 5/10/2007 (Attachments: #1 Exhibit 1 - Declaration of James F. Matthews#2 Exhibit 2 - Weiler Case#3 Exhibit 3 - U.S. DOL 2-15-01 Advisory Opinion#4 Exhibit 4 - PWBA Office of Regulations & Interpretations - 9/94 Advisory Opinion#5 Exhibit 5 - U.S. DOL 4-10-03 Advisory Opinion#6 Exhibit 6 - Heflin Case Law#7 Exhibit 7 - Winland Case Law)(Makee, Dan) |
| Filing 34 MOTION for Judgment as a Matter of Law by Defendants Safelite Group, Inc, Safelite Group, Inc., SGC Associates Pension Plan. Responses due by 5/10/2007 (Attachments: #1 Memorandum in Support of Motion for Judgment)(Martin, Ted) |
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Filing 33
STIPULATION AND ORDER that this matter will be decided on the written submissions of the parties. Motions for summary judgment shall be filed by all parties no later than 4/16/2007; memorandums in opposition shall be filed by all parties no later than 6/18/2007. The current dates for the Final Pretrial Conference and Trial in this action are hereby vacated. Signed by Magistrate Judge Timothy S Hogan on 2/14/2007. (art, )
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| Filing 32 Minute Entry: Case called this date for an informal conference (via telephone) before Magistrate Judge Timothy S Hogan. Counsel for plaintiff and defendant present. Order of the Court to follow. Status Conference held on 2/14/2007. (Court Reporter none present.) (art, ) |
| Notice of Correction re: Stipulation previously identified as Document Number 32. Counsel directed to submit this propose order to Judge's chambers via e mail. (tt, ) |
| STIPULATION (PREVIOUSLY IDENTIFIED AS DOCUMENT NUMBER 32) of parties to have case heard on memoranda with proposed schedule by Plaintiff Lear Siegler Diversified Holdings Corp. (Makee, Dan) Modified on 2/14/2007 - Clerk removed pdf. Counsel directed to e-mail stipulated order to the Judge's chambers. (tt, ). |
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Filing 31
ORDER granting defendants' #30 Motion to place documents under seal. The Clerk of Court is hereby directed to place document (29) under seal until further Order of the Court. Signed by Magistrate Judge Timothy S Hogan on 8/2/2006. (art, ) Modified on 8/2/2006 (art, ).
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| Filing 30 MOTION for Order to Place Documents Under Seal by Defendants (Martin, Ted) Modified on 8/2/2006 - To edit docket text (tt1, ). |
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Filing 28
ORDER granting agreed stipulation between parties to extend stipulations of fact deadline from 7/10/2006 to 7/31/2006 . All other calendar dates shall remain the same. Signed by Magistrate Judge Timothy S Hogan on 7/12/2006. (art, )
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| Notice of Correction re: Stipulation previously identified as Document Number 28 ; Clerk has removed pdf and directed counsel to submit Proposed Order to Judge via e-mail (tt1, ) Modified on 7/12/2006 - to correct typographical error (tt1, ). |
| STIPULATION (Proposed) to Extend Stipulations of Fact Deadline (PREVIOUSLY IDENTIFIED AS DOCUMENT NUMBER 28) by Plaintiff (Makee, Dan) Modified on 7/12/2006 - Clerk has removed pdf and directed counsel to submit Proposed Order to chambers via e-mail (tt1, ). |
| Filing 27 ANSWER to Amended Complaint by Defendants ; No Jury Demand (Martin, Ted) Modified on 5/30/2006 - To edit docket text (tt, ). |
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Filing 26
AMENDED CALENDAR ORDER: Stipulations of fact deadline set for 7/10/2006; Fact Discovery deadline set for 7/10/2006; Plaintiff's primary expert reports deadline set for 10/16/2006; Defendants' rebuttal expert reports deadline set for 11/29/2006; Expert discovery deadline set for 1/1/2007; Dispositive Motions deadline set for 2/15/2007. Signed by Magistrate Judge Timothy S Hogan on 5/10/2006. (art, )
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| Filing 25 Minute Entry: Case called for status conference at the request of counsel before Magistrate Judge Timothy S Hogan. Counsel for plaintiff and defendant present via telephone. Parties agreed on amending the current calendar order. Order of the Court to follow. Status Conference held on 5/10/2006. (Court Reporter none present.) (art, ) |
| Filing 24 AMENDED COMPLAINT With Jury Demand filed by Plaintiff (art, ) Modified on 5/10/2006 - To edit docket text (tt1, ). |
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Filing 23
ORDER granting plaintiff's #22 Motion for leave to Amend/Correct complaint . The first amended complaint atttached to plaintiff's motion shall be deemed filed as of the date of this Order. Signed by Magistrate Judge Timothy S Hogan on 5/8/2006. (art, )
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| Filing 22 MOTION to Amend/Correct Complaint by Plaintiff (Attachments: #1 Exhibit Amended Complaint)(Makee, Dan) Modified on 4/14/2006 - To edit docket text (tt, ). |
| Filing 21 Witness List by Defendants Safelite Glass Corporation, Safelite Glass Corporation, Leir Siegler Diversified Holdings Corp Retirement Plan. (Martin, Ted) |
| Filing 19 AMENDED ANSWER to Complaint by defendants.(art, ) |
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Filing 18
CALENDAR ORDER: Deadline for leave to amend complaint set for 4/14/2006; Plaintiff to produce primary expert reports by 8/14/2006; Defendant to produce rebuttal expert reports by 9/29/2006; Fact Discovery deadline set for 7/31/2006; Expert Discovery deadline set for 11/15/2006; Dispositive motions deadline set for 12/15/2006; Joint final pretrial order due 4/14/2007; Final Pretrial Conference set for 4/17/2007 01:30 PM in chambers Room 706 before Magistrate Judge Timothy S Hogan; Jury Trial set for 5/21/2007 09:30 AM before Magistrate Judge Timothy S Hogan. Defendant's #11 motion for leave to file an amended answer is Granted. Signed by Magistrate Judge Timothy S Hogan on 1/25/2006. (art, )
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| Filing 20 Minute Entry: Case called this date for scheduling conference via telephone before Magistrate Judge Timothy S Hogan. Counsel for plaintiff and defendant present. Case calendar established. Order of the Court to follow. Scheduling Conference held on 1/25/2006. (Court Reporter none present.) (art, ) |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S Hogan for all further proceedings. Judge Michael H. Watson no longer assigned to case. Signed by Judge Michael H. Watson on 01/20/06. (dms)
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| Filing 16 RULE 26(f) REPORT of the Parties by Plaintiff Lear SIegler Diversified Holdings Corp. (Makee, Dan) |
| Filing 15 Response re #14 Letter by Defendants Safelite Glass Corporation, Safelite Glass Corporation, Leir Siegler Diversified Holdings Corp Retirement Plan. (Attachments: #1 Exhibit 1 - Order filed 12/16/05#2 Exhibit 2 - Defendants' Brief in Opposition dated 11/17/05#3 Exhibit 3 - Order filed 6/21/05)(Martin, Ted) |
| Filing 13 NOTICE of Appearance by Dan L Makee Plaintiff Lear SIegler Diversified Holdings Corp (Makee, Dan) |
| Filing 14 Letter to the Court from John F. Darcy. (art, ) |
| Filing 12 NOTICE of Hearing: Scheduling Conference set for Wednesday, 1/25/2006 01:30 PM (via telephone) before Magistrate Judge Timothy S Hogan. (art, ) |
| Filing 11 MOTION for Leave to File Amended Answer by Defendants Safelite Glass Corporation, Safelite Glass Corporation, Leir Siegler Diversified Holdings Corp Retirement Plan. (Attachments: #1 Defendants' Amended Answer)(Martin, Ted) |
| Filing 10 ANSWER to Complaint by Defendants Safelite Glass Corporation, Safelite Glass Corporation, Leir Siegler Diversified Holdings Corp Retirement Plan.(Martin, Ted) |
| Filing 9 NOTICE of Appearance by Ted Thomas Martin Defendant Leir Siegler Diversified Holdings Corp Retirement Plan (Martin, Ted) |
| Filing 8 NOTICE of Appearance by Ted Thomas Martin Defendant Safelite Glass Corporation (Martin, Ted) |
| Filing 7 COPY OF TRANSCRIPT of Proceedings (Pages 1 - 32) held on 10/11/05 before Judge Patty Schwartz (Originally filed n New Jersey on 10/21/05 as document 22). Court Reporter: Yvonne M. Casiano. (Attachments: #1 Transcript Continued pages 33 - 63) (ph, ) |
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Timothy S Hogan for full pretrial/dispositive motionn disposition. Signed by Judge Michael H. Watson on 10/27/2005. (ba, )
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| Remark Mail Pro Hac Vice letter to plaintiff & defendant's counsel (ph, ) |
| Filing 5 COPY OF AFFIDAVIT of James Matthews (Ogiginally filed in New Jersey on 10/24/05 as document 24) re #4 MOTION for Reconsideration (Originally filed in New Jersey on 10/24/05 as document 23) by Plaintiff Lear SIegler Diversified Holdings Corp. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit)(ph, ) |
| Filing 4 COPY OF MOTION for Reconsideration(Originally filed in New Jersey on 10/24/05 as document 23) by Plaintiff Lear SIegler Diversified Holdings Corp. (Attachments: #1 Affidavit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Exhibit #11 Exhibit #12 Exhibit #13 Exhibit #14 Exhibit #15 Exhibit #16 Exhibit #17 Exhibit #18 Exhibit #19 Exhibit #20 Exhibit #21 Exhibit #22 Exhibit #23 Exhibit #24 Exhibit)(ph, ). |
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Filing 3
COPY OF ORDER (Originally filed in New Jersey 10/12/05 as document 20) denying #14 Motion to Dismiss, granting {14} Motion to transfer Case to Southern District of Ohio signed by Judge Patty Shwarts on 10/11/05 (ph, )
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| Filing 2 COPY OF COMPLAINT (Original filed 4/4/05 in New Jersey as document 1) against all defendants (Filing fee $ 250.) , filed by Plaintiff Lear SIegler Diversified Holdings Corp, Defendants Safelite Glass Corporation, Safelite Glass Corporation, Leir Siegler Diversified Holdings Corp Retirement Plan. (Attachments: #1)(ph, ) |
| Filing 1 Case transferred in from District of New Jersey; Case Number 2:05-cv-1791. Original file with documents numbered 1-24, certified copy of transfer order and docket sheet received., filed by Plaintiff Lear SIegler Diversified Holdings Corp, Defendants Safelite Glass Corporation, Safelite Glass Corporation, Leir Siegler Diversified Holdings Corp Retirement Plan. (Attachments: #1 Copy of Docket Sheet from District of New Jersey)(ph, ) |
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