Shy, et al v. Navistar Int'l Corp, et al
| 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 |
| Navistar International Corp, Navistar International Transportation, Navistar Financial Corporation, Harco National Insurance Company, Navistar International Transporation Corp, Health Plan and Indianapolis Casting Corporation |
| 3:1992cv00333 |
| August 21, 1992 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| CLARK |
| Walter H Rice |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| Defendant |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
609
ORDER GRANTING UNOPPOSED MOTION TO FURTHER MODIFY CONSENT DECREE - This matter comes before the Court on Navistar International Corporation's and Navistar, Inc.'s Unopposed Motion to Further Modify Consent Decree ("Motion"). The C ourt has reviewed the Motion along with the Memorandum in Support ("Memorandum") and its attached exhibits and finds that the Motion should be GRANTED. NOW, THEREFORE, the Court hereby FINDS, CONCLUDES AND ORDERS: That the additional reque sted modifications to the 1993 Consent Decree (as that term is defined in the Motion and Memorandum) as proposed in Exhibit A to the Memorandum are approved once, and only if, the Court finally approves the Class Action Settlement Agreement.. Signed by Judge Walter H. Rice on 2/8/2022. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
592
ORDER GRANTING UNOPPOSED MOTION FOR APPOINTMENT OF NEW CLASS REPRESENTATIVES AND CLASS COUNSEL; Richard Zounes and Miller Rodgers are appointed as Class Representatives in this matter; Markovits, Stock & DeMarco, LLC are appointed as Class Counsel in this matter. Signed by Judge Walter H. Rice on 12/10/21. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
590
DECISION AND ENTRY SUSTAINING THE REQUEST TO THE COURT OF THE HEAL TH BENEFIT PROGRAM COMMITTEE ("HBPC") TO RESOLVE THE FOLLOWING ISSUES: (1) WHETHER WILLIAM W. JONES WAS PROPERLY SEATED AS AN OTHER MEMBER ALTERNATE OF THE HBPC IN 2016-2017 AND IS THE OTHER MEMBER OF THE HBPC; AND WHETHER IF THE ANSWER TO THE FIRST INQUIRY IS "NO," (2) THE HBPC HAS AUTHORITY TO CONDUCT REGULAR BUSINESS (DOC. # 581 -2); AND FINDING THAT (1) WILLIAM W. JONES WAS NOT PROPERLY SEATED AS AN OTHER MEMBER ALTERNATE OF THE HBPC IN 2016-2017 AND IS NOT THE OTHER MEMBER OF THE HBPC; AND (2) THE HBPC HAS AUTHORITY TO CONDUCT REGULAR BUSINESS; THE SECRETARY OF THE HBPC IS ORDERED TO SEND THIS DECISION AND ENTRY BY REGULAR MAIL AND/OR EMAIL TO ALL NO N-UAW RETIREES ALONG WITH THE ATTACHED NOTICE OF VACANCY FOR THE POSITIONS OF THE OTHER MEMBER AND THE OTHER MEMBER ALTERNATES AND A SEPARATE COPY OF THE NOTICE ITSELF NO LATER THAN THE CLOSE OF BUSINESS ON OCTOBER 14, 2021; THE SECRETARY IS FURTHER ORDERED TO SEND TO ANY PERSON INTERESTED IN APPLYING FOR THE POSITION OF OTHER MEMBER OR OTHER MEMBER ALTERNATE THE LAST KNOWN STREET OR EMAIL ADDRESS FOR ALL NON-UAW RETIREES WITHIN TWO BUSINESS DAYS OF THE REQUEST; ALL SIGNED PETITIONS FOR THE POS ITIONS OF OTHER MEMBER AND OTHER MEMBER ALTERNATES TO BE SUBMITTED TO THE COURT BY. Signed by Judge Walter H. Rice on 10/8/21. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
583
DECISION AND ENTRY OVERRULING AS MOOT MOTION TO DISMISS (DOC. # 557 ). Signed by Judge Walter H. Rice on 9/17/2021. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
579
ORDER SUSTAINING DEFENDANTS' MOTION TO MODIFY CONSENT DECREE. Signed by Judge Walter H. Rice on 8/11/2021. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
574
DECISION AND ENTRY OVERRULING PHASE I OF DEFENDANTS' MOTION TO REFORM THE 1993 CONSENT DECREE BASED ON NAVISTAR'S CURRENT FINANCIAL STANDING AND THE EVOLUTION OF THE HEALTHCARE MARKETPLACE (DOC. # 537 ), INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW; ENTIRETY OF MOTION TO REFORM (DOC. # 537 ) OVERRULED. Signed by Judge Walter H. Rice on 4/14/2021. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
Filing
570
ORDER GRANTING SUPPLEMENTAL BENEFIT COMMITTEE'S UNOPPOSED MOTION TO ESTABLISH A BRIEFING SCHEDULE - Upon consideration of the Supplemental Benefit Committee's Unopposed Motion to Establish a Briefing Schedule ("Motion"), and for g ood cause shown, it is hereby ORDERED that the Motion is GRANTED. IT IS FURTHER ORDERED that the briefing schedule will be set as follows: 1. Navistar International Corporation (Navistar) will file its opposition to SBC's Motion to Confirm Arb itration Award and Assess Interest on February 26, 2021 ; 2. SBC will file its reply to Navistar's opposition and its opposition to Navistar's Motion to Vacate and/or Stay Arbitration award on March 12, 2021; and 3. Navistar will file its reply to SBC's opposition on March 26, 2021. Signed by Judge Walter H. Rice on 3/8/2021. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
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)
|
|
Filing
362
STIPULATED PROTECTIVE ORDER. Signed by Judge Walter H Rice on 7/28/2010. (kje1)
|
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.
