Baker v. Ohio Operating Engineers Pension Plan, et al.
| Baker and Sheila K Baker |
| Ohio Operating Engineers Pension Plan, The Ohio Operating Engineers Pension Plan, Victor G. Digeronimo, Stanley I. Roediger, Jr., Mark Sterling, George Palko, Patrick L. Sink, Gary G. Siesel, Richard E. Dalton, Mark A. Totman, Carol A. Wilson, Unknown John Does, Vic, Jr. DiGeronimo and Thomas P Byers |
| 2:2017cv00316 |
| April 14, 2017 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Elizabeth Preston Deavers |
| Terence P Kemp |
| Algenon L Marbley |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 1, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 48
CLERK'S JUDGMENT entered pursuant to Opinion and Order signed by Judge Algenon L. Marbley on 3/1/2019. (cw)
|
|
Filing 47
ORDER granting #41 Motion for Judgment as a Matter of Law; denying #42 Motion for Summary Judgment. Signed by Judge Algenon L. Marbley on 3/1/2019. (cw)
|
|
Minute Entry for proceedings held before Judge Algenon L. Marbley: Motion Hearing held on 2/28/2019 re #42 Cross MOTION for Summary Judgment Plaintiff's Motion for Judgment on the Administrative Record filed by Sheila K Baker.The Court listened to argument from both counsel and advised that an Opinion and Order with be forthwith. No further briefing is necessary (Court Reporter: Shawna Evans) (bc)
|
|
Filing 46
ORDER Resetting Time of Hearing on Motion #42 MOTION for Summary Judgment: Motion Hearing reset for 2/28/2019 12:00 PM in Courtroom 1 - Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 2/14/2019. (cw)
|
|
Filing 45
ORDER Setting Hearing on Motion #42 MOTION for Summary Judgment Plaintiff's Motion for Judgment on the Administrative Record: Motion Hearing set for 2/28/2019 10:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 10/9/2018. (cw)
|
|
Filing 44
RESPONSE in Opposition re #41 MOTION for Judgment as a Matter of Law filed by Plaintiff Sheila K Baker. (Hands, John)
|
|
Filing 43
RESPONSE in Opposition re #42 MOTION for Summary Judgment Plaintiff's Motion for Judgment on the Administrative Record Defendant's Motion in Opposition to Plaintiff's Motion for Judgment on the Administrative Record filed by Defendants Thomas P Byers, Richard E. Dalton, Vic, Jr. DiGeronimo, Victor G. Digeronimo, George Palko, Stanley I. Roediger, Jr., Gary G. Siesel, Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson. (Howard, Elizabeth)
|
|
Filing 42
MOTION for Summary Judgment Plaintiff's Motion for Judgment on the Administrative Record by Plaintiff Sheila K Baker. (Hands, John)
|
|
Filing 41
MOTION for Judgment as a Matter of Law by Defendants Thomas P Byers, Richard E. Dalton, Vic, Jr. DiGeronimo, Victor G. Digeronimo, George Palko, Stanley I. Roediger, Jr., Gary G. Siesel, Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson. (Howard, Elizabeth)
|
|
Filing 40
ORDER - Briefing Schedule: Simultaneous Cross-Motions on the administrative record must be filed by JUNE 29,2018. Simultaneous Cross-Memoranda in Opposition must be filed by JULY 30, 2018. No Reply memoranda will be permitted except upon further leave of the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on May 23, 2018. (jlk)
|
|
Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 5/23/2018. (sln)
|
|
Filing 39
NOTICE of Hearing: Status Conference set for 5/23/2018 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
|
|
Filing 38
OPINION and ORDER denying #29 Plaintiff's Motion for Leave to Conduct Discovery. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/7/18. (sem)
|
|
Filing 37
ORDER granting #8 Motion to Dismiss Counts Two and Three of Plaintiff's Complaint. Signed by Judge Algenon L. Marbley on 3/2/2018. (cw)
|
|
Filing 36
STATUS REPORT by Plaintiff Sheila K Baker. (Hands, John)
|
|
Filing 35
STATUS REPORT ORDER: The parties are DIRECTED to file a written STATUS REPORT due by 1/9/2018. Signed by Magistrate Judge Elizabeth Preston Deavers on December 20, 2017. (jlk)
|
|
Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 12/19/2017. (sln)
|
|
Filing 34
NOTICE of Hearing: Status Conference set for 12/19/2017 04:00 PM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
|
|
Filing 33
REPLY to Response to Motion re #29 MOTION for Discovery Plaintiff's Motion for Leave to Conduct Discovery Plaintiff's Reply in Support of Motion for Leave to Conduct Discovery filed by Plaintiff Sheila K Baker. (Hands, John)
|
|
Filing 32
NOTICE by Defendants Thomas P Byers, Richard E. Dalton, Vic, Jr. DiGeronimo, Victor G. Digeronimo, Unknown John Does, George Palko, Stanley I. Roediger, Jr., Gary G. Siesel, Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson of Filing of Administrative Record (Attachments: #1 Exhibit Exhibit A) (Howard, Elizabeth)
|
|
Filing 31
RESPONSE in Opposition re #29 MOTION for Discovery Plaintiff's Motion for Leave to Conduct Discovery filed by Defendants Thomas P Byers, Richard E. Dalton, Vic, Jr. DiGeronimo, Victor G. Digeronimo, Unknown John Does, George Palko, Stanley I. Roediger, Jr., Gary G. Siesel, Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson. (Howard, Elizabeth)
|
|
Filing 30
AFFIDAVIT re #29 MOTION for Discovery Plaintiff's Motion for Leave to Conduct Discovery by Plaintiff Sheila K Baker. (Attachments: #1 Exhibit A, #2 Exhibit B) (Hands, John)
|
|
Filing 29
MOTION for Discovery Plaintiff's Motion for Leave to Conduct Discovery by Plaintiff Sheila K Baker. (Attachments: #1 Exhibit Exhibit A - Discovery Requests, #2 Text of Proposed Order Proposed Order) (Hands, John)
|
|
Filing 28
Supplemental Memorandum Opposing re #8 MOTION to Dismiss Counts Two and Three of Plaintiff's Complaint Plaintiff's Sur-Reply to Defendants' Reply To Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Counts Two and Three filed by Plaintiff Sheila K Baker. (Attachments: #1 Exhibit A - Strang Decision) (Hands, John)
|
|
Filing 27
ORAL MOTION to File Certain Documents Under Seal. (jlk)
|
|
Filing 26
PRELIMINARY PRETRIAL ORDER: This case is referred to the December, 2017 SETTLEMENT WEEK. Defendant will produce the administrative record to Plaintiff on or before AUGUST 14, 2017. Defendant will file the Administrative Record with the Court no later than the date upon which Cross-Motions for Judgment on the Administrative Record are due. Joinder of Parties due by 8/28/2017. Motions to Amend due by 8/28/2017. Discovery due by 9/14/2017. Signed by Magistrate Judge Elizabeth Preston Deavers on July 28, 2017. (jlk)
|
|
ORDER granting Oral Motion to File Document Under Seal. This entry is being created to allow the attorneys sealed filing pursuant to the Preliminary Pretrial Order which states the parties are granted leave to file Administrative Record with the Court under seal.***SEE DOCUMENT 26 PRELIMINARY PRETRIAL ORDER. Signed by Magistrate Judge Elizabeth Preston Deavers on July 28, 2017. (jlk)
|
|
Filing 25
NOTATION ORDER granting #22 unopposed Motion for Leave to File Sur-Reply. Plaintiff shall electronically file her Sur-Reply attached to their Motion, within seven (7) days of entry of this Order. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/27/2017. (EPD)
|
|
Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 7/11/2017. (sln)
|
|
Filing 24
ORDER OF RECUSAL. Magistrate Judge Chelsey M. Vascura recused. Case reassigned to Magistrate Judge Elizabeth Preston Deavers for all further proceedings. Signed by Magistrate Judge Chelsey M. Vascura on 7/3/17. (sem)
|
|
Filing 22
MOTION for Leave to File Plaintiff's Motion for Leave to File Sur-Reply by Plaintiff Sheila K Baker. (Attachments: #1 Exhibit Plaintiff's Sur-Reply, #2 Text of Proposed Order Proposed Order) (Hands, John)
|
|
Filing 21
RULE 26(f) REPORT OF PARTIES by Plaintiff Sheila K Baker. (Hands, John)
|
|
Filing 20
SUMMONS Returned Executed as to Defendants Thomas P Byers, Vic, Jr. DiGeronimo. Thomas P Byers served on 6/1/2017, answer due 6/22/2017; Vic, Jr. DiGeronimo served on 6/1/2017, answer due 6/22/2017. (jlk)
|
|
Filing 19
REPLY to Response to Motion re #8 MOTION to Dismiss Counts Two and Three of Plaintiff's Complaint filed by Defendants Thomas P Byers, Richard E. Dalton, Vic, Jr. DiGeronimo, Victor G. Digeronimo, Unknown John Does, George Palko, Stanley I. Roediger, Jr., Gary G. Siesel, Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson. (Attachments: #1 Exhibit Sixth Circuit Opinion) (Howard, Elizabeth)
|
|
Filing 18
Defendants' Partial ANSWER to #15 Amended Complaint,, filed by All Defendants. (Howard, Elizabeth)
|
|
Filing 17
CERTIFICATE of Mailing by Clerk: Summons and First Amended Complaint for Recovery of Plan Benefits and for the Enforcement of Rights Under ERISA mailed via certified mail to Vic DiGeronimo, Jr. (9590 9402 1190 5246 2717 30) and Thomas P. Byers (9590 9402 1190 5246 2717 23). (jlk)
|
|
Filing 16
Summons Issued as to Thomas P Byers, Vic, Jr. DiGeronimo. (jlk)
|
|
Filing 15
AMENDED COMPLAINT First Amended Complaint for Recovery of Plan Benefits and for the Enforcement of Rights Under ERISA against Richard E. Dalton, Unknown John Does, George Palko, Stanley I. Roediger, Jr., Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson, Vic, Jr. DiGeronimo, Thomas P Byers, filed by Sheila K Baker. (Attachments: #1 Exhibit Certificate of Death, #2 Exhibit Entry Appointing Fiduciary, #3 Summons Form Summons to Vic DiGeronimo, Jr., #4 Summons Form Summons to Thomas P. Byers) (Hands, John)
|
|
Filing 14
RESPONSE in Opposition re #8 MOTION to Dismiss Counts Two and Three of Plaintiff's Complaint Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Counts Two and Three of the Complaint filed by Plaintiff Sheila K Baker. (Hands, John)
|
|
Filing 13
NOTICE of Hearing: Initial Conference of the parties set for 7/11/2017 @ 3:30 PM before Magistrate Judge Terence P. Kemp. (Attachments: #1 Exhibit, #2 Exhibit) (sh)
|
|
Filing 12
Defendant's Partial ANSWER to #1 Complaint,,,, filed by All Defendants. (Howard, Elizabeth)
|
|
Filing 11
Summons Returned Unexecuted: Summons and Complaint via certified mail as to Victor G. Digeronimo at 6330 Latonia Road, Independence, Ohio 44131. (jlk)
|
|
Filing 10
NOTICE of Appearance by Daniel J Clark for Defendants The Ohio Operating Engineers Pension Plan, Carol A. Wilson (Clark, Daniel)
|
|
Filing 9
SUMMONS Returned Executed via certified mail 8695 River Corners Road as to Defendant Patrick L. Sink. (jlk)
|
|
Filing 8
MOTION to Dismiss Counts Two and Three of Plaintiff's Complaint by Defendants Richard E. Dalton, Victor G. Digeronimo, Unknown John Does, George Palko, Stanley I. Roediger, Jr., Gary G. Siesel, Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson. (Attachments: #1 Exhibit) (Howard, Elizabeth)
|
|
Filing 7
SUMMONS Returned Executed: Summons and Complaint served via certified mail as to Defendant George Palko at 5650 Goodman Drive, North Royalton. (jlk)
|
|
Filing 6
SUMMONS Returned Executed as to Defendants Stanley I. Roediger, Jr., Mark Sterling. (jlk)
|
|
Filing 5
SUMMONS Returned Executed as to Defendants Richard E. Dalton, Gary G. Siesel. Richard E. Dalton and Gary G. Siesel were served on 4/22/2017, answer due 5/15/2017. (jlk)
|
|
Filing 4
SUMMONS Returned Executed Certified Mail as to Defendants Richard E. Dalton, Victor G. Digeronimo, George Palko, Stanley I. Roediger, Jr., Gary G. Siesel, Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson. Defendants served on 4/21/2017, answer due 5/12/2017. (jlk)
|
|
Filing 3
CERTIFICATE of Mailing by Clerk: A copy of the complaint and issued summons were sent via certified mail to the named defendants. (ew)
|
|
Filing 2
Summons Issued as to Richard E. Dalton, Victor G. Digeronimo, George Palko, Stanley I. Roediger, Jr., Gary G. Siesel, Patrick L. Sink, Mark Sterling, The Ohio Operating Engineers Pension Plan, Mark A. Totman, Carol A. Wilson. (jlk)
|
|
Filing 1
COMPLAINT against The Ohio Operating Engineers Pension Plan, et al. ( Filing fee $ 400 paid - receipt number: 0648-5918488), filed by Sheila K Baker. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Certificate of Death, #3 Exhibit Entry Appointing Fiduciary, #4 Summons Form The Ohio Operating Engineers Pension Plan, #5 Summons Form 1 - Victor G. Digeronimo, #6 Summons Form 2 - Victor G. Digeronimo, #7 Summons Form 1 - Stanley I. Roediger, Jr., #8 Summons Form 2 - Stanley I. Roediger, Jr., #9 Summons Form 1 - Mark Sterling, #10 Summons Form 2 - Mark Sterling, #11 Summons Form 1 - George Palko, #12 Summons Form 1 - George Palko, #13 Summons Form 1 - Patrick L. Sink, #14 Summons Form 1 - Patrick L. Sink, #15 Summons Form 1 - Gary G. Siesel, #16 Summons Form 2 - Gary G. Siesel, #17 Summons Form 1 -Richard E. Dalton, #18 Summons Form 1 - Richard E. Dalton, #19 Summons Form 1 - Mark Totman, #20 Summons Form 2 - Mark Totman, #21 Summons Form Carol A. Wilson) (Hands, John) Modified Text on 4/14/2017 (jlk). Modified on 4/14/2017 (jlk).
|
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 Southern 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.
