Shy, et al v. Navistar Int'l Corp, et al
Plaintiff: Art Shy, Fred Burris, Clarence Nuss, John Herring, Carl Potts, Harold Retherford, International Union, United Auto, Aerospace and Agricultural Implement Workers of America, Local 6 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 66 International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, Local 98 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 119 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 226 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 305 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 402 International Union, United Automobile, Aerospace, and agricultural implement workers of America, Local 472 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 658 International Union, United Automobile, Aerospace, and Agriculturlal Implement Workers of America, Local 2274 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 2293 International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, International Union, United Plant Guard Workers of America, Local 122 International Union United Plant Guard Workers of America, Local 28 International Association of Machinist, Local 1471 International Association of Machinists, Local 2819 International Association of Machinists, Local 2821 International Association of Machinists, Henry G Betley, Richard A Spitler, Local 4 United Plant Guard Workders of America, Local 134 United Plaint Guard Workers of America, Society of Engineering Employees Inc, United Steel Workers of America and Local 4320 United Steel Workers of America
Defendant: Navistar International Corp, Navistar International Transportation, Navistar Financial Corporation, Harco National Insurance Company, Navistar International Transporation Corp, Health Plan and Indianapolis Casting Corporation
Case Number: 3:1992cv00333
Filed: August 21, 1992
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: CLARK
Presiding Judge: Walter H Rice
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29:1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 12, 2020 Opinion or Order Filing 548 [PROPOSED] ORDER TO PRODUCE HEALTH BENEFIT PROGRAM COMMITTEE MINUTES - The Court therefore ORDERS that the HBPC produce all HBPC meeting minutes from June 1, 1997 to the present to counsel for Defendants and counsel for the UAW. Signed by Judge Walter H. Rice on 6/12/2020. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 19, 2020 Opinion or Order Filing 544 ORDER TO PRODUCE HEALTH BENEFIT PROGRAM COMMITTEE MINUTES - The Court therefor ORDERS that the HBPC produce all HBPC meeting minutes from January 1, 2010 to the present to counsel for the UAW.. Signed by Judge Walter H. Rice on 5/19/2020. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 12, 2020 Opinion or Order Filing 535 SCHEDULING ORDER. Signed by Judge Walter H. Rice on 2/12/2020. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 31, 2019 Opinion or Order Filing 528 SUPPLEMENTAL SCHEDULING ORDER - During a Tuesday, January 8, 2019, conference call held between Court and counsel, the following matters were discussed and agreed upon. 1. An in-court conference, with Court and counsel (as well as with any professi onal, i.e., actuaries, etc., hired by counsel, who are able to attend) will be held beginning at 9:00 a.m. on Friday, February 22, 2019. 2. No later than the close of business on February 19, 2019, counsel for each party will submit to the Court (wit h copies to opposing counsel) any revisions to their position letters, that were previously submitted on January 7, 2019.3. No later than the close of business on February 20, 2019, counsel for each party will submit to the Court all confidential let ters, or any revisions to confidential letters, previously submitted to the Court on January 8, 2019. These communications to the Court should be from each individual party; no joint submission is requested. Any professional referenced in paragraph 1 of this Order who is unable to attend in person, should notify the Court promptly so that arrangements to attend by telephone can be made.. Signed by Judge Walter H. Rice on 1/31/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 20, 2017 Opinion or Order Filing 513 DECISION AND ENTRY OVERRULING PRO SE MOTION OF JACK HALL, OTHER MEMBER OF HEALTH BENEFIT PLAN COMMITTEE, FOR ENFORCEMENT OF THE SETTLEMENT AGREEMENT AND CONSENT JUDGMENT (DOC. # 503 ) - CONCLUSION For the foregoing reasons, Hall's Motion for En forcement of the Settlement Agreement and Consent Judgment, Doc. # 503 , is OVERRULED. The captioned case remains terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 10/19/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 10, 2017 Opinion or Order Filing 505 DECISION AND ENTRY SUSTAINING DEFENDANTS NAVISTAR INTERNATIONAL CORPORATION, NAVISTAR FINANCIAL CORPORATION AND INDIANAPOLIS CASTING CORPORATION'S MOTION TO DISMISS INTERVENOR-PLAINTIFF SUPPLEMENTAL BENEFIT COMMITIEE OF THE NAVISTAR, INC., RETIR EE SUPPLEMENTAL BENEFIT PROGRAM'S COMPLAINT FOR ENFORCEMENT OF SETTLEMENT AGREEMENT (DOC. # 498 ); INTERVENOR-PLAINTIFF'S COMPLAINT (DOC. # 491 ) IS DISMISSED WITH PREJUDICE; JUDGMENT SHALL ENTER IN FAVOR OF DEFENDANTS AND AGAINST INTERVE NOR-PLAINTIFF; CAPTIONED CAUSE REMAINS TERMINATED. CONCLUSION: FOr the foregoing reasons, Defendants' Motion to Dismiss the SBC's Complaint for Enforcement of Settlement Agreement, Doc. # 498 , is SUSTAINED. The SBC's Complaint, D oc. # 491 , is DISMISSED WITH PREJUDICE. Judgment shall enter in favor of Defendants and against the SBC. The captioned case remains terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.Signed by Judge Walter H. Rice on 5/10/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 15, 2016 Opinion or Order Filing 490 ENTRY AND ORDER OVERRULING PRO SE MOTION FOR RECONSIDERATION OF THE COURT'S ENTRY AND ORDER OF JUNE 30, 2016, OR, ALTERNATIVELY, A NEW MOTION TO FILE PETITION TO APPOINT OR REPLACE TWO SHY PLAN HBPC OTHER MEMBER ALTERNATES OF THE HEALTH BENE FIT PROGRAM COMMITIEE (DOC. # 489 ) - Accordingly, William W. Jones's Pro Se Motion for Reconsideration of the Court's Entry and Order of June 30, 2016, or, Alternatively, a New Motion to File Petition to Appoint (or Replace) Tw o Shy Plan HBPC Other Member Alternates of the Health Benefit Program Committee is OVERRULED. The captioned case remains terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 7/15/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 18, 2015 Opinion or Order Filing 476 DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART THE PRO SE MOTION BY JACK D. HALL FOR INTERPRETATION AND ENFORCEMENT OF THE SHY CONSENT JUDGMENT REGARDING EXPENSES (DOC. #464); ORDER TO DEFENDANT NAVISTAR, INC. sustaining 464 Motion. Signed by Judge Walter H. Rice on 9/18/15. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 9, 2014 Opinion or Order Filing 463 ORDER - It is hereby ordered that the above captioned cause be administrativelyprocessed. AO Processing/ Case on appeal: all proceeding stayed. Signed by Judge Walter H Rice on 05/08/14. (pb1)
May 7, 2014 Opinion or Order Filing 462 DECISION AND ENTRY SUSTAINING DEFENDANT NAVISTAR, INC.'S MOTION TO STAY ALL PROCEEDINGS PENDING APPEAL (DOC.# 452 ); ANY PROCEEDINGS RELATED TO THE CLAIMS OF THE INTERVENOR-PLAINTIFF, THE SUPPLEMENTAL BENEFIT COMMITTEE OF THE NAVISTAR INTERNATIO NAL TRANSPORTATION CORPORATION RETIREE SUPPLEMENTAL BENEFIT PROGRAM, AS SET FORTH IN ITS AMENDED COMPLAINT (DOC. # 439 ), ARE STAYED PENDING THE RESOLUTION OF DEFENDANT'S APPEAL OF THE COURT'S DECISION OVERRULING THE MOTION TO COMPEL ARBITRATION (DOC. # 446 ) BY THE SIXTH CIRCUIT COURT OF APPEALS. Signed by Judge Walter H Rice on 05/07/14. (pb1)
March 6, 2014 Opinion or Order Filing 446 DECISION AND ENTRY OVERRULING DEFENDANT NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATIONS MOTION TO DISMISS INTERVENOR-PLAINTIFFS AMENDED COMPLAINT AND COMPEL DISPUTE RESOLUTION PROCESS (DOC. # 438 ) AND ORDERING THE TO PARTIES TO FILE, FOURTEEN (14 ) DAYS FROM DATE, SIMULTANEOUS MEMORANDA ADDRESSING THE LEGAL VIABILITY OF INTERVENOR-PLAINTIFFS BREACH OF CONTRACT CLAIM; SIMULTANEOUS RESPONSIVE MEMORANDA DUE FOURTEEN (14) DAYS THEREAFTER; NO FURTHER MEMORANDA ARE TO BE FILED. Signed by Judge Walter H Rice on 3/6/2014. (jdf1)
March 29, 2013 Opinion or Order Filing 426 DECISION AND ENTRY SUSTAINING THE MOTION TO ENFORCE THE SETTLEMENT AGREEMENT (DOC. # 395 ) OF INTERVENOR-PLAINTIFF THE SUPPLEMENTAL BENEFIT COMMITTEE OF THE NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION RETIREE SUPPLEMENTAL BENEFIT PROGRAM; SUSTA INING SAID INTERVENOR-PLAINTIFF'S AMENDED MOTION TO ENFORCE THE SETTLEMENT AGREEMENT (DOC # 407 ); OVERRULING DEFENDAMT'S MOTION TO DISMISS SAID INTERVENOR-PLAINTIFF'S COMPLAINT(DOC. # 422 ); SAID INTERVENOR-PLAINTIFF IS ORDERED TO FIL E, WITHIN TWENTY-ONE (21) DAYS, A REQUEST DETAILING THE INFORMATION REQUIRED FROM SAID DEFENDANT; SAID DEFENDANT IS ORDERED TO PROVIDE THE INFORMATION REQUESTED WITHIN TWENTY-ONE (21) DAYS THEREAFTER OR, IN THE ALTERNATIVE, SPECIFY WHY PARTICULAR INFORMATION REQUESTED IS NOT RELEVANT TO THE ISSUE BEFORE THE COURT. Signed by Judge Walter H Rice on 03/29/13. (pb1)
February 6, 2013 Opinion or Order Filing 414 DECISION AND ENTRY SUSTAINING THE SUPPLEMENTAL BENEFIT COMMITTEE OF THE NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION RETIREE SUPPLEMENTAL BENEFIT PROGRAM'S MOTION TO INTERVENE (DOC. # 394 ) UNDER RULE 24 OF THE FEDERAL RULES OF CIVIL PROCEDURE; SAID INTERVENOR IS ORDERED TO FILE A PLEADING, IN ACCORDANCE WITH RULE 24(c), IN ORDER TO BRING ITS MOTION INTO COMPLIANCE WITH THE RULE'S PROCEDURAL REQUIREMENTS FOR INTERVENTION. Signed by Judge Walter H Rice on 02/06/13. (pb1)
August 22, 2012 Opinion or Order Filing 410 DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION FOR AWARD OF ATTORNEYS' FEES AND NONTAXABLE EXPENSES (DOC. # 388 ), WITHOUT PREJUDICE TO RENEWAL, SHOULD THIS COURT'S DECISION BE UPHELD ON APPEAL. Signed by Judge Walter H Rice on 08/22/12. (pb1)
July 29, 2010 Opinion or Order Filing 362 STIPULATED PROTECTIVE ORDER. Signed by Judge Walter H Rice on 7/28/2010. (kje1)
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Plaintiff: Art Shy
Represented By: Julia Penny Clark
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Plaintiff: Fred Burris
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Plaintiff: International Union, United Auto, Aerospace and Agricultural Implement Workers of America
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Plaintiff: Local 6 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
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Plaintiff: Local 66 International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 98 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 119 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 226 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 305 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 402 International Union, United Automobile, Aerospace, and agricultural implement workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 472 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 658 International Union, United Automobile, Aerospace, and Agriculturlal Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 2274 International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 2293 International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America
Represented By: Julia Penny Clark
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Plaintiff: International Union, United Plant Guard Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 122 International Union United Plant Guard Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 28 International Association of Machinist
Represented By: Julia Penny Clark
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Plaintiff: Local 1471 International Association of Machinists
Represented By: Julia Penny Clark
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Plaintiff: Local 2819 International Association of Machinists
Represented By: Julia Penny Clark
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Plaintiff: Local 2821 International Association of Machinists
Represented By: Julia Penny Clark
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Plaintiff: Henry G Betley
Represented By: Julia Penny Clark
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Plaintiff: Richard A Spitler
Represented By: Julia Penny Clark
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Plaintiff: Local 4 United Plant Guard Workders of America
Represented By: Julia Penny Clark
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Plaintiff: Local 134 United Plaint Guard Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Society of Engineering Employees Inc
Represented By: Julia Penny Clark
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Plaintiff: United Steel Workers of America
Represented By: Julia Penny Clark
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Plaintiff: Local 4320 United Steel Workers of America
Represented By: Julia Penny Clark
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Defendant: Navistar International Corp
Represented By: B John Casey
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Defendant: Navistar International Transportation
Represented By: B John Casey
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Defendant: Navistar Financial Corporation
Represented By: B John Casey
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Defendant: Harco National Insurance Company
Represented By: B John Casey
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Defendant: Navistar International Transporation Corp, Health Plan
Represented By: B John Casey
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Defendant: Indianapolis Casting Corporation
Represented By: B John Casey
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