Lewis v. Central States Southeast and Southwest Areas Pension Fund et al
| Larry Lewis |
| Central States Southeast and Southwest Areas Pension Fund, Duro Bag Manufacturing Co. and International Brotherhood of Teamsters |
| 1:2009cv00569 |
| August 7, 2009 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Susan J Dlott |
| J Gregory Wehrman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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| Filing 53 MANDATE of USCA as to #51 Notice of Appeal, filed by Larry Lewis (jlw) |
| Filing 52 USCA OPINION INFORMATION COPY re #51 Notice of Appeal AFFIRMING judgment of the district court. (mandate to issue) (mtw) Modified to clarify docket text on 5/18/2012 (mtw). |
| USCA Case Number 10-4259 for #51 Notice of Appeal, filed by Larry Lewis. Jill Colyer, Case Manager. (mtw1) |
| Filing 51 NOTICE OF APPEAL as to #50 Clerk's Judgment, #49 Order Adopting Report and Recommendations, by Plaintiff Larry Lewis. Filing fee $ 455, receipt number 0648-2822962. Appeal Record due by 11/12/2010. (White, Lawrence) Modified to clarify docket text on 10/12/2010 (mtw1). |
| Filing 50 CLERK'S JUDGMENT affirming #49 Order. (sct1) |
Filing 49
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #38 Report and Recommendations. Defendant Central States' motion for judgment on the pleadings (Doc. 16) is GRANTED. Plaintiff's motion to set aside the administrative decision (Doc. 24) is DENIED. Defendant Duro Bags motion to dismiss (Doc. 25) is DENIED as MOOT. Defendant International Brotherhood of Teamsters motion for summary judgment (Doc. 32) is GRANTED IN PART to the extent that plaintiff's breach of contract claims are preempted by the LMRA and barred by the statute of limitations, but otherwise DENIED AS MOOT. This case is terminated off the docket. Signed by Chief Judge Susan J. Dlott on 9/10/10. (sct1)
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| Filing 48 Response re #45 Objection (non motion), Objection (non motion) filed by Plaintiff to Magistrate's Report and Recommendation by Defendant Central States Southeast and Southwest Areas Pension Fund. (McIntyre, M) |
| Filing 47 RESPONSE to Motion re #38 REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Larry Lewis, #24 MOTION to Set Aside filed by Larry Lewis, #25 MOTION to Dismiss and Uphold the Administrative Decision filed by Duro Bag Manufacturing Co., #32 MOTION for Summary Judgment filed by Defendant Duro Bag Manufacturing Co.. (Greenberg, Gary) Modified to clarify docket text on 7/29/2010 (sct1). |
| Filing 46 Response re #45 Objection (non motion), filed by Plaintiff to Magistrate's Report and Recommendations by Defendant International Brotherhood of Teamsters. (Ford, Julie) Modified to clarify docket text on 7/20/2010 (mtw1). |
| Filing 45 Objection re #38 REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Larry Lewis, #24 MOTION to Set Aside filed by Larry Lewis, #25 MOTION to Dismiss and Uphold the Administrative Decision filed by Duro Bag Manufacturing Co., #32 MOTION for Summary Judgment filed by Plaintiff Larry Lewis. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2) (White, Lawrence) Modified to clarify docket text on 7/20/2010 (mtw1). |
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Filing 44
ORDER denying as moot #41 Motion for Extension of Time to file objections. Signed by Chief Judge Susan J. Dlott on 7/13/10. (wam1)
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Filing 43
ORDER granting #42 Motion for extension of time until 7/19/10 to file objections to the R&R. Signed by Chief Judge Susan J. Dlott on 7/13/10. (wam1)
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| Filing 42 Amended MOTION to Amend/Correct #41 MOTION for Extension of Time New date requested 7/19/2010. by Plaintiff Larry Lewis. (White, Lawrence) |
| Filing 41 MOTION for Extension of Time New date requested 7/19/2010. by Plaintiff Larry Lewis. (Attachments: #1 Exhibit A) (White, Lawrence) |
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Filing 40
ORDER granting #39 Motion for a 7 day Extension of Time to File objections to the R&R. Signed by Chief Judge Susan J. Dlott on 7/2/10. (wam1)
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| Filing 39 MOTION for Extension of Time to File Response/Reply as to #38 REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Larry Lewis, #24 MOTION to Set Aside filed by Larry Lewis, #25 MOTION to Dismiss and Uphold the Administrative Decision filed by Duro Bag Manufacturing Co., #32 MOTION for Summary Judgment by Defendant Central States Southeast and Southwest Areas Pension Fund. (Attachments: #1 Text of Proposed Order) (McIntyre, M) Modified to clarify docket text on 6/28/2010 (sct1). |
| Filing 38 REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Larry Lewis, #24 MOTION to Set Aside filed by Larry Lewis, #25 MOTION to Dismiss and Uphold the Administrative Decision filed by Duro Bag Manufacturing Co., #32 MOTION for Summary Judgment and Supporting Memorandum filed by International Brotherhood of Teamsters, #16 MOTION for Judgment Pursuant to the Guidelines : that defendant Central States motion for judgment on the administrative record (Doc.1 6) be GRANTED; plaintiff's motion to set aside the administrative decision (Doc. 24) be DENIED; defendant Duro Bag's motion to dismiss (Doc. 25) be DENIED AS MOOT; defendant International Brotherhood of Teamsters' Motion for summary judgment (Doc. 32) BE GRANTED IN PART; and this case BE CLOSED. Objections to R&R due by 7/12/2010. Signed by Magistrate Judge J. Gregory Wehrman on 6/24/10. (jl1) |
| Filing 37 NOTICE by Defendant Central States Southeast and Southwest Areas Pension Fund of Filing Supplemental Authority (Attachments: #1 Exhibit A) (McIntyre, M) |
| Filing 36 REPLY to Response to Motion re #32 MOTION for Summary Judgment and Supporting Memorandum filed by Defendant International Brotherhood of Teamsters. (Ford, Julie) |
| Filing 35 RESPONSE in Opposition re #32 MOTION for Summary Judgment and Supporting Memorandum filed by Plaintiff Larry Lewis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (White, Lawrence) |
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Filing 34
ORDER re #32 MOTION for Summary Judgment and Supporting Memorandum filed by International Brotherhood of Teamsters: any response to this motion to be filed by June 11, 2010, with any reply to be filed not later than June 18, 2010. Signed by Magistrate Judge J. Gregory Wehrman on 6/7/10. (jl1)
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Filing 33
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge J. Gregory Wehrman for all further proceedings. Magistrate Judge Timothy S. Black no longer assigned to case. Signed by Chief Judge Susan J. Dlott on 5/24/2010. (ss)
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| Filing 32 MOTION for Summary Judgment and Supporting Memorandum by Defendant International Brotherhood of Teamsters. Responses due by 6/17/2010 (Attachments: #1 Declaration of Sarah McFarland, #2 Declaration of Hemant Berry, with Ex. 1, Letter from Larry Lewis to Hemant Berry dated 10/20/04, and Ex. 2, Letter from Hemant Berry to Larry Lewis dated 10/27/04) (Ford, Julie) |
| Filing 31 REPLY to Response to Motion re #24 MOTION to Set Aside or Uphold Decision filed by Defendant Central States filed by Plaintiff Larry Lewis. (White, Lawrence) |
| Filing 30 REPLY to RESPONSE to Motion re #25 MOTION to Dismiss and Uphold the Administrative Decision and to Dismiss Plaintiff's Claims filed by Defendant Duro Bag Manufacturing Co.. (Greenberg, Gary) Modified to clarify docket text on 4/30/2010 (mtw1). |
| Filing 29 NOTICE by Defendant Central States Southeast and Southwest Areas Pension Fund re #16 MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) of Filing Supplemental Authority (Attachments: #1 Exhibit A - Conkright et al., v. Frommert, et al.) (McIntyre, M) Modified to clarify docket text on 4/26/2010 (mtw1). |
| Filing 28 RESPONSE in Opposition re #25 MOTION to Dismiss and Uphold the Administrative Decision filed by Plaintiff Larry Lewis. (White, Lawrence) |
| Filing 27 REPLY to Response to Motion re #16 MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) filed by Defendant Central States Southeast and Southwest Areas Pension Fund. (Attachments: #1 Exhibit A - Talmon v. Central States, #2 Exhibit B - Ensley v. Ford Motor Co., #3 Exhibit C - Klein v. Central States, #4 Exhibit D - Audas v. Central States, #5 Exhibit E - Karr v. Central States, #6 Exhibit F - Robbins v. Int. Brotherhood of Teamsters, #7 Exhibit G - Trent v. Central States, #8 Exhibit H - Taylor v. Central States, #9 Exhibit I - Bd of Trustees v. Jenkins) (McIntyre, M) |
| Filing 26 RESPONSE to Motion re #24 MOTION to Set Aside filed by Defendant Central States Southeast and Southwest Areas Pension Fund. (Attachments: #1 Exhibit A - Talmon v. Central States, #2 Exhibit B - Ensley v. Ford Motor Co., #3 Exhibit C - Klein v. Central States, #4 Exhibit D - Audas v. Central States, #5 Exhibit E - Karr v. Central States, #6 Exhibit F - Robbins v. Int. Brotherhood of Teamsters, #7 Exhibit G - Trent v. Central States, #8 Exhibit H - Taylor v. Central States, #9 Exhibit I - Bd of Trustees v. Jenkins) (McIntyre, M) |
| Filing 25 MOTION to Dismiss and Uphold the Administrative Decision by Defendant Duro Bag Manufacturing Co.. Responses due by 4/12/2010 (Greenberg, Gary) |
| Filing 24 MOTION to Set Aside by Plaintiff Larry Lewis. (Attachments: #1 Exhibit) (White, Lawrence) |
| Notice of Correction re #23 Response in Opposition to Motion: Clerk notified counsel that this document was also a Motion to Set Aside the Administrative Decision. Counsel to file this document again using ECF motion event so that the response and the motion both appear on the docket. (mtw1) |
| Filing 23 RESPONSE in Opposition re #16 MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) filed by Plaintiff Larry Lewis. (Attachments: #1 Exhibit A) (White, Lawrence) |
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Filing 22
ORDER re #20 Order to Show Cause: that show cause is SATISFIED. Counsel to follow previous Calendar Order, thus extending Plaintiff's time to respond to defendants' motion for judgment (Doc. 16) to 2/20/10. Signed by Magistrate Judge Timothy S. Black on 1/22/10. (jl1)
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| Filing 21 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Larry Lewis. (White, Lawrence) |
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Filing 20
ORDER TO SHOW CAUSE: Plaintiff is ORDERED TO SHOW CAUSE, in writing and within FOURTEEN DAYS of the filing date of this Order, why Defendant's motion for judgment should not be granted as unopposed. Signed by Magistrate Judge Timothy S. Black on 1/6/10. (sct1)
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| Filing 19 NOTICE by Defendant Central States Southeast and Southwest Areas Pension Fund re #16 MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) OF FILING ADMINISTRATIVE RECORD (McIntyre, M) |
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Filing 18
ERISA SCHEDULING ORDER: Motions due by 2/20/2010 to reverse administrative decision; motions to uphold due 3/20/10. Hearing to be set by Judge Black is necessary. Signed by Magistrate Judge Timothy S. Black on 12/8/09. (jl1)
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| Filing 17 RULE 26(f) REPORT Joint by Defendant Duro Bag Manufacturing Co.. (Greenberg, Gary) |
| Filing 16 MOTION for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998) by Defendant Central States Southeast and Southwest Areas Pension Fund. (Attachments: #1 Exhibit 1 - Affidavit of Albert E. Nelson, #2 Exhibit A to Nelson Affidavit - Trust Agreement, #3 Exhibit B to Nelson Affidavit - Plan Documents, #4 Exhibit C to Nelson Affidavit - 10/13/04 Minutes, #5 Exhibit D to Nelson Affidavit - 02/13/07 Minutes, #6 Exhibit E to Nelson Affidavit - 02/19/07 Letter to Plaintiff, #7 Exhibit F to Nelson Affidavit - 10/18/04 Letter to Plaintiff, #8 Exhibit 2 - Unreported Cases) (McIntyre, M) |
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Filing 15
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Francis J. Carey (wam1)
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| Filing 14 NOTICE of Deadline: Rule 26 Meeting Report due by 11/30/2009. (jl1) |
| Filing 13 ANSWER to #1 Complaint, by Defendant Central States Southeast and Southwest Areas Pension Fund. (McIntyre, M) |
| Filing 12 Corporate Disclosure Statement by Defendant Central States Southeast and Southwest Areas Pension Fund. (McIntyre, M) |
| Filing 11 ANSWER to #1 Complaint, by Defendant Duro Bag Manufacturing Co.. (Greenberg, Gary) |
| Filing 10 Corporate Disclosure Statement by Defendant Duro Bag Manufacturing Co. (Greenberg, Gary) Modified to clarify docket text on 10/8/2009 (mtw1). |
| Filing 9 Seperate ANSWER to #1 Complaint, by Defendant International Brotherhood of Teamsters. (Ford, Julie) |
| Filing 8 NOTICE of Appearance by Julie C Ford Defendant International Brotherhood of Teamsters (Ford, Julie) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice of Francis J. Carey (Filing fee $ 200, receipt number 0648-2332857) by Defendant Central States Southeast and Southwest Areas Pension Fund. (Attachments: #1 Affidavit of Francis J. Carey, #2 Text of Proposed Order on Defendant's Motion to Appear Pro Hac Vice) (McIntyre, M) |
| Filing 6 NOTICE of Appearance by M Scott McIntyre Defendant Central States Southeast and Southwest Areas Pension Fund (McIntyre, M) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Plaintiff Larry Lewis as to Defendant International Brotherhood of Teamsters. International Brotherhood of Teamsters waiver sent on 8/10/2009, answer due 10/9/2009. (White, Lawrence) Modified to clarify docket text on 9/9/2009 (mtw1, ). |
| Filing 4 WAIVER OF SERVICE Returned Executed by Plaintiff Larry Lewis. Central States Southeast and Southwest Areas Pension Fund waiver sent on 8/10/2009, answer due 10/9/2009. (White, Lawrence) Modified to clarify docket text on 8/26/2009 (scot1, ). |
| Filing 3 WAIVER OF SERVICE Returned Executed by Plaintiff Larry Lewis. Duro Bag Manufacturing Co. waiver sent on 8/10/2009, answer due 10/9/2009. (White, Lawrence) Modified docket text on 8/26/2009 (scot1, ). |
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Filing 2
ORDER by Chief Judge Susan J. Dlott REFERRING CASE to Magistrate Judge Timothy S. Black (wam1, ) Modified to clarify docket text on 8/10/2009 (scot1, ).
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| If this case is referred, it will be to Magistrate Judge Timothy S. Black. (mtw1, ) |
| Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 paid - receipt number: 06480000000002257653), filed by Larry Lewis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (White, Lawrence) Modified to clarify docket text on 8/10/2009 (mtw1, ). |
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