Winnett et al v. Caterpillar, Inc.
| 3:2006cv00235 |
| March 28, 2006 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Aleta A. Trauger |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 185 Employee Pension Plan |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
535
MEMORANDUM. An appropriate order will enter. Signed by District Judge Aleta A. Trauger on 6/24/11. (tmw)
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Filing
533
ORDER granting 531 Motion for Leave to Leave to File Reply. Signed by District Judge Aleta A. Trauger on 6/22/11. (dt)
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Filing
515
ORDER granting 513 Motion for Adjustment of Briefing Schedule for Motion for Restitution. Signed by District Judge Aleta A. Trauger on 3/31/11. (dt)
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Filing
509
ORDER: Pursuant to the parties' Joint Status Report 504 , it is hereby ORDERED as follows: 1. By 3/31/2011, Caterpillar shall file its motion for restitution, supporting memorandum and evidentiary submission regarding premiums and claims expens es for which restitution is sought. 2. By 5/31/2011, the plaintiffs shall complete any informal inquiry and/or discovery as to Caterpillars submission of premiums and claims expenses and file their response in opposition. 3. By 6/14/2011, Caterpillar may file a reply. Signed by District Judge Aleta A. Trauger on 3/2/11. (dt)
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Filing
500
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE ITS RESPONSE TO MOTION FOR LEAVE TO FILE ITS MOTION FOR SUMMARY JUDGMENT ON THE UAW'S COUNTERCLAIMS: The UAW's response to Caterpillar's motion for leave to file its motion for summary judgment is to be filed no later than 2/25/2011. Signed by District Judge Aleta A. Trauger on 2/16/11. (dt)
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Filing
497
ORDER: Telephone Conference held on 1/31/11. By 2/18/2011, the parties shall file an agreed order for the court's consideration proposing processes and briefing schedules for the disposition of the remaining issues in these two cases, as discussed in the telephone conference. Signed by District Judge Aleta A. Trauger on 1/31/11. (dt)
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Filing
495
ORDER: For the reasons expressed in the accompanying Memorandum, the defendant's Motion to Reconsider in Winnett 475 is GRANTED, and the plaintiffs' claims in that case are now all DISMISSED and the injunction issued on 10/16/2008 is here by DISSOLVED. The defendant's Motion to Reconsider in Kerns (Docket No. 266) is DENIED, and the court's liability findings in that case are unchanged. A telephone conference will be held with counsel on 1/31/2011 at 2:30 CST to discuss how to proceed as to the remaining issues in these cases. Signed by District Judge Aleta A. Trauger on 1/12/11. (dt)
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Filing
492
ORDER granting 491 Motion for Leave to File Reply to Motion for Reconsideration of Court's Summary Judgment Ruling. Signed by District Judge Aleta A. Trauger on 1/4/11. (dt)
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Filing
480
ORDER granting 478 Motion for Leave to File Corrected Memorandum in support of Motion for Reconsideration of Court's Summary Judgment Ruling. Signed by District Judge Aleta A. Trauger on 10/21/10. (dt)
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Filing
474
ORDER: Agreed Motion to Stay Discovery And Further Proceedings Concerning Damages Issues 472 is Granted. Discovery and further proceedings concerning damages issues are hereby STAYED, pending resolution of the parties' forthcoming briefing concerning the impact of the Sixth Circuits decision in this case on the remaining claims in this case. Signed by District Judge Aleta A. Trauger on 8/2/10. (dt)
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Filing
469
ORDER granting 467 Joint Motion to Enter a Case Management Order for Damages Phase. By 7/30/2010, the parties to complete written discovery concerning damages issues by 7/30/2010. By 8/16/2010, the Plaintiffs to provide Caterpillar with their premi um refund and interest calculation. The parties are then to determine whether an agreement can be reached on damages. Defendant may informally interview plaintiffs' expert witness concerning damages. By 9/13/2010, provided no agreement is reach ed concerning damages, defendant to identify its damages expert and produce any expert report. The parties will continue to determine whether an agreement can be reached on damages. By 9/30/2010, provided no agreement is reached concerning damages, a ll expert witness depositions shall be completed. After 10/1/2010, damages hearing set on a date to be determined by the court. The parties anticipate no more than two days of hearing will be required. Signed by District Judge Aleta A. Trauger on 6/14/10. (dt)
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Filing
464
ORDER: For the reasons expressed in the accompanying Memorandum, the Motion for Summary filed by the third-party defendant, the International Union, UAW, 398 is Granted and Caterpillar's Motion to Re-Open Discovery for the Limited Purpose of D eposing Roger J. McClow, or in the Alternative, to Strike the Declaration of Roger J. McClow 458 is Denied. Caterpillar's Third-Party Complaint against the UAW in these cases is DISMISSED. The Motions for Summary Judgment filed by the Winnett 404 and by Caterpillar 410 are GRANTED IN PART AND DENIED IN PART as described in the attached Memorandum. In Winnett, Caterpillar remains enjoined from deducting premium charges for the CLS subclass' retiree healthcare coverage but, going f orward, Caterpillar is no longer enjoined from charging the other "specific charges" mentioned in the court's 9/16/2008 Order. As the liability issues that would have been the subject of the June 2010 and August 2010 trials set in these cases have been resolved, those trial settings will be removed from the calendar. The parties have indicated that additional discovery into damages will be necessary. Signed by District Judge Aleta A. Trauger on 3/26/10. (dt)
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Filing
428
ORDER: For the reasons stated in the accompanying Memorandum, the Motion to Sever 364 will be GRANTED. The remaining third-party claims and contingent counterclaims will be the subject of a separate trial, following the resolution of the claims of both the Winnett and Kerns classes of retiree plaintiffs. Signed by District Judge Aleta A. Trauger on 1/28/10. (dt)
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Filing
387
ORDER: Currently pending before the court are the plaintiffs' Motions for Jury Trial (Winnett, 3:06-cv-0235, Docket No. 376; Kerns, 3:06-cv-01113, Docket No. 185) and Caterpillar Inc.'s opposition thereto (Winnett, Docket No. 384; Kerns, Do cket No. 193). For the reasons expressed in the accompanying Memorandum, the plaintiffs' Motions are DENIED, and the plaintiffs' jury demands are stricken. Furthermore, the Winnett plaintiffs' alternative request for a non-advisory jury or an advisory jury is DENIED. Signed by District Judge Aleta A. Trauger on 11/16/09. (dt)
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Filing
321
MEMORANDUM. Signed by District Judge Aleta A. Trauger on 11/20/08. (dt)
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Filing
307
ORDER: For the reasons expressed in the accompanying Memorandum, Motion for Preliminary Injunction 200 filed by the Caterpillar Logistics Services ("CLS") subclass is Granted. The injunction shall issue without bond. Signed by District Judge Aleta A. Trauger on 9/16/08. (dt)
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