Fletcher et al v. Honeywell International, Inc.
| Barbara Fletcher, Timothy Philpot, Marcia Fink and Lucinda Smith |
| Honeywell International, Inc. |
| 3:2016cv00302 |
| July 18, 2016 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| DARKE |
| Walter H. Rice |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
77
ORDER VACATING FEBRUARY 28, 2017, JUDGMENT (DOC. # 59 }; SUSTAINING DEFENDANT HONEYWELL INTERNATIONAL, INC.'S UNOPPOSED MOTION FOR RETURN OF COSTS PAID INTO ESCROW (DOC. # 74 }; JUDGMENT TO ENTER IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFFS; CASE TO REMAIN TERMINATED ON COURT'S DOCKET. Signed by Judge Walter H. Rice on 11/19/18. (pb)
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Filing
69
DECISION AND ENTRY SUSTAINING PLAINTIFFS' REQUEST FOR A BILL OF COSTS IN AMOUNT REQUESTED; SAID FUNDS TO BE PLACED INTO ESCROW WITH THE UNITED STATES DISTRICT COURT CLERK OF COURTS IN DAYTON, OHIO, PENDING RESOLUTION OF THE DEFENDANT'S APPE AL ON THE MERITS or THJS COURT'S DECISION RENDERED FEBRUARY 28, 2017 - Plaintiffs seek taxable costs in the amount of $11,458.88, consisting of the filing fee for the Complaint, the Summons service fee, court reporter fees and transcript costs (Doc. # 60 ). Said request for a Bill of Costs in the amount aforesaid is deemed by this Court to be well taken and same is granted. The amount of $11,458.88 is to be paid by the Defendant into escrow, with the Clerk of Courts of the Un ited States District Court for the Southern District of Ohio, at Dayton serving as the escrow agent, pending resolution of the Defendant's appeal on the merits of this Court's Decision rendered February 28, 2017. Said amount must be paid into escrow no later than twenty-one days from date of this Court's entry herein. Signed by Judge Walter H. Rice on 5/4/2017. (srb)
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Filing
59
CLERK'S JUDGMENT in favor of Barbara Fletcher, Lucinda Smith, Marcia Fink, Timothy Philpot against Honeywell International, Inc.. Signed by Judge Walter H. Rice on 2/28/2017. (jdf)
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Filing
29
DECISION AND ENTRY OVERRULING MOTION OF DEFENDANT HONEYWELL INTERNATIONAL, INC., TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (DOC. # 15 ); OVERRULING WITHOUT PREJUDICE RETIREES' MOTION FOR (1) SUMMARY JUDG MENT AND PERMANENT INJUNCTION OR, IN THE ALTERNATIVE, (2) PRELIMINARY INJUNCTION PREVENTING HONEYWELL FROM ENDING HEALTHCARE AFTER 2016; OUTLINING FURTHER PROCEEDINGS - Conclusion For the reasons stated above, the Court concludes that the CBA at issue is ambiguous concerning the parties' intent to vest lifetime retiree healthcare benefits. Extrinsic evidence is necessary to resolve the ambiguities, but cannot be considered on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Accordingly, the Court OVERRULES Defendant Honeywell's Motion to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted, Doc.# 15 . Signed by Judge Walter H. Rice on 11/15/2016. (srb)
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Filing
21
STIPULATED PROTECTIVE ORDER. Signed by Judge Walter H. Rice on 9/20/16. (kma)
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Filing
19
DECISION AND ENTRY OVERRULING PLAINTIFFS' MOTION TOCOMPEL ARBITRATION OF COLLECTIVELY-BARGAINED RETIREEHEALTHCARE DISPUTE (DOC. # 14 ); DISMISSING COUNT III OF COMPLAINT WITH PREJUDICE- For the reasons set forth above, the Court OVERRULES Plaintiffs' Motion to Compel Arbitration of Collectively-Bargained Retiree Healthcare Dispute, Doc. # 14 , and DISMISSES WITH PREJUDICE Count III of Plaintiffs' Complaint. Signed by Judge Walter H. Rice on 9/13/16. (kma)
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