Gray v. Caterpillar, Inc. et al
| Mary Ann Gray |
| Hewitt Associates, LLC, Caterpillar, Inc. and Caterpillar, Inc. Retirement Income Plan |
| 2:2007cv02555 |
| August 24, 2007 |
| US District Court for the Western District of Tennessee |
| Memphis Office |
| Shelby |
| Jon Phipps McCalla |
| Diane K Vescovo |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on March 30, 2009. A more recent docket listing may be available from PACER.
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| Filing 45 JUDGMENT. Signed by Chief Judge Jon Phipps McCalla on 3/30/09. (McCalla, Jon) |
| Filing 44 STIPULATION of Dismissal with Prejudice by Mary Ann Gray, Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC. (Goodwin, Stephen) |
| Filing 43 Minute Entry for proceedings held before Chief Judge Jon Phipps McCalla: Pretrial Conference held on 3/24/2009. #42 Notice of Settlement was heretofore filed on 2/26/2009, but the Pretrial Conference was not cancelled. The Court contacted Defense counsel, Stephen Goodwin via telephone re: Notice of Settlement. Order of Dismissal to be submitted to the Court by 3/31/2009 or the Court will enter a judgment. Non-Jury Trial set for 3/30/2009 at 9:30 AM cancelled. (Plaintiff's counsel: none present) (Defense counsel: Stephen Goodwin via telephone) (Court Reporter: Brenda Parker) (jpw) |
| Filing 42 NOTICE of Settlement by Mary Ann Gray, Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC (Goodwin, Stephen) |
| Filing 41 Minute Entry for proceedings held before Chief Judge Jon Phipps McCalla: Telephonic Hearing re: #16 Defendants' Motion for Summary Judgment and #19 Plaintiff's Motion for Judgment on the Administrative Record held on 9/25/2008; Court heard arguments from parties as to motions; Matter taken under advisement - Court will enter an Order. (Plf Attys via phone: A. Broadhurst, C. Claxton; Dft Attys via phone: J. Murray, S. Goodwin) (Court Reporter Brenda Parker.)(9:00-9:30) (tlh) |
| Filing 40 REPLY to Response to Motion re #19 MOTION for Judgment as a Matter of Law on the Administrative Record filed by Mary Ann Gray. (Attachments: #1 Exhibit A - Lindberg v. UT Medical Group, Inc., 2006 WL 42174 (W.D. Tenn Jan. 6, 2006))(Claxton, Charmiane) |
| Filing 39 REPLY to Response to Motion re #16 MOTION for Summary Judgment filed by Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC. (Attachments: #1 Exhibit A - Records)(Goodwin, Stephen) |
Filing 38
ORDER granting #20 Plaintiff's Motion to Strike the Declaration of Michel Wise. Signed by Magistrate Judge Diane K. Vescovo on 6/17/2008. (Vescovo, Diane)
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| Filing 37 SETTING LETTER: Telephonic Hearing re: #16 Defendants' Motion for Summary Judgment and #19 Plaintiff's Motion for Judgment on the Administrative Record set for 9/25/2008 09:00 AM before Chief Judge Jon Phipps McCalla. (jpw) |
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Filing 36
ORDER Setting Telephonic Hearing on Motions. Signed by Chief Judge Jon Phipps McCalla on 6/16/08. (McCalla, Jon)
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Filing 35
ORDER granting #33 Motion for Leave to File. Signed by Chief Judge Jon Phipps McCalla on 6/9/08. (McCalla, Jon)
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Filing 34
ORDER granting #32 Motion for Leave to File. Signed by Chief Judge Jon Phipps McCalla on 6/9/08. (McCalla, Jon)
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| Filing 33 MOTION for Leave to File Proposed Order Submitted by Mary Ann Gray. (Attachments: #1 Memorandum, #2 Certificate of Consultation)(Claxton, Charmiane) |
| Filing 32 First MOTION for Leave to File Reply Brief (proposed Order submitted) by all defendants. (Attachments: #1 Memorandum in Support of Defendants' Unopposed Motion to File Reply Brief, #2 Certificate of Consultation)(Goodwin, Stephen) |
| Filing 31 SETTING LETTER: Non-Jury Trial reset for 3/30/2009 09:30 AM in Courtroom 1 - Memphis before Chief Judge Jon Phipps McCalla. Pretrial Conference reset for 3/24/2009 09:00 AM in Courtroom 1 - Memphis before Chief Judge Jon Phipps McCalla. Proposed Pretrial Order due by 4:30 PM on 3/17/2009. (jpw) |
| Filing 30 RESPONSE to Motion re #19 MOTION for Judgment as a Matter of Law on the Administrative Record Response to Plaintiff's Statement of Facts in support of her Motion filed by all defendants. (Goodwin, Stephen) |
| Filing 29 RESPONSE in Opposition re #19 MOTION for Judgment as a Matter of Law on the Administrative Record filed by all defendants. (Goodwin, Stephen) |
| Filing 28 Notice of Correction to #27 Response in Opposition to Motion,. (Claxton, Charmiane) |
| Filing 27 RESPONSE in Opposition re #16 MOTION for Summary Judgment filed by Mary Ann Gray. (Attachments: #1 Response to Defendants' Statement of Material Facts, #2 Affidavit of Mary Ann Gray, #3 Appendix A - Inskeep v. Caterpillar, Inc. 2006 WL 156824 (C.D. Ill. Jan. 20, 2006), #4 Appendix B - Inskeep v. Caterpillar, Inc. March 20, 2006 Order on Motion to Clarify)(Claxton, Charmiane) |
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Filing 26
ORDER granting #23 Motion to Continue. Signed by Chief Judge Jon Phipps McCalla on 5/28/08. (McCalla, Jon)
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| Filing 25 ATTACHMENT Certificate of Consultation to #23 Joint MOTION to Continue Trial Date (Proposed Order Submitted)Joint MOTION to Continue Trial Date (Proposed Order Submitted) by Mary Ann Gray, Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC. (Goodwin, Stephen) |
| Filing 24 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #23 Joint MOTION to Continue Trial Date (Proposed Order Submitted)Joint MOTION to Continue Trial Date (Proposed Order Submitted) filed by Caterpillar, Inc., Hewitt Associates, LLC, Caterpillar, Inc. Retirement Income Plan, Mary Ann Gray has been filed. For future reference, please note Even though filing is a joint motion, the filer must submit a certificate of consultation. Filer should publish the certificate of consultation under "other filings", "Other documents", "Attachment", allowing filer to link this submisison to the motion at entry # 23. Filer is not required to resubmit the motion. (jae, ) |
| Filing 23 Joint MOTION to Continue Trial Date (Proposed Order Submitted) by Mary Ann Gray, Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC. (Attachments: #1 Memorandum In Support of Parties' Joint Motion for a Continuance)(Goodwin, Stephen) |
| Filing 22 RESPONSE in Opposition re #20 MOTION to Strike #16 MOTION for Summary Judgment Declaration of Michael Wise (D.E. 16-5); proposed order submitted MOTION to Strike #16 MOTION for Summary Judgment Declaration of Michael Wise (D.E. 16-5); proposed order submitted filed by Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC. (Goodwin, Stephen) |
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Filing 21
ORDER REFERRING MOTION: #20 MOTION to Strike #16 MOTION for Summary Judgment. Signed by Chief Judge Jon Phipps McCalla on 5/19/08. (McCalla, Jon)
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| Filing 20 MOTION to Strike #16 MOTION for Summary Judgment Declaration of Michael Wise (D.E. 16-5); proposed order submitted by Mary Ann Gray. (Attachments: #1 Memorandum in Support of Motion to Strike Declaration of Michael Wise, #2 Certificate of Consultation, #3 Certificate of Service)(Claxton, Charmiane) |
| Filing 19 MOTION for Judgment as a Matter of Law on the Administrative Record by Mary Ann Gray. (Attachments: #1 Memorandum in Support of Motion for Judgment on the Administrative Record)(Claxton, Charmiane) |
| Filing 18 Sealed Document. (Attachments: #1 Exhibit A.1. Administrative Record (Bates labeled Caterpillar/Gray 000001 - 95), #2 Exhibit A.2.a. 1983 Retirement Income Plan for Caterpillar Tractor Co. (Bates labeled Caterpillar/Gray 000096 - 200), #3 Exhibit A.2.b. 1983 Retirement Income Plan for caterpillar Tractor Co. (Bates labeled 000201 - 300), #4 Exhibit A.2.c. 1983 Retirement Income Plan for Caterpillar Tractor Co. (Bates labeled Caterpillar/Gray 000301 - 325), #5 Exhibit A.3.a. 2002 Caterpillar Inc. Retirement Income Plan (Bates labeled Caterpillar/Gray 000326 - 400), #6 Exhibit A.3.b. 2002 Caterpillar Inc. Retirement Income Plan (Bates labeled Caterpillar/Gray 000401 - 500), #7 Exhibit A.3.c. 2002 Caterpillar Inc. Retirement Income Plan (Bates labeled Caterpillar/Gray 000501 - 521), #8 Exhibit A.4. 2002 Summary Plan Description for Caterpillar Inc.'s Retirement Income Plan (Bates labeled Caterpillar/Gray 000522 - 577))(Claxton, Charmiane) |
| Filing 17 NOTICE by Mary Ann Gray, Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC of Filing of Joint Appendix of Administrative Record and Plan Documents Under Seal (Claxton, Charmiane) |
| Filing 16 MOTION for Summary Judgment by Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC. (Attachments: #1 Memorandum, #2 Statement of Facts, #3 Appendix, #4 Exhibit 1 - Declaration of Michael Wise, #5 Exhibit 2 & 3 Unreported Cases (with bookmarks))(Murray, John) |
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Filing 15
ORDER granting #14 Motion to Extend Deadline. Signed by Chief Judge Jon Phipps McCalla on 4/9/08. (McCalla, Jon)
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| Filing 14 MOTION to Extend Deadline for Filing Dispositive Motions (Proposed Order e-mailed to Judge) by Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC. (Attachments: #1 Memorandum Defendants' Memorandum in Support of Unopposed Motion to Extend Deadline for Filing Dispositive Motions)(Goodwin, Stephen) |
| Filing 13 SETTING LETTER: Non-Jury Trial set for 6/16/2008 09:30 AM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. Pretrial Conference set for 6/9/2008 08:45 AM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. Pretrial Order due by 4:30 PM on 6/2/2008. (jpw) |
| Set Deadlines/Hearings: Proposed Pretrial Order due by 6/2/2008., Bench Trial set for 6/16/2008 09:30 AM before Judge Jon Phipps McCalla., Pretrial Conference set for 6/9/2008 08:45 AM before Judge Jon Phipps McCalla. (jae, ) |
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Filing 12
ORDER SETTING TRIAL AND PRETRIAL DATES. Signed by Judge Jon Phipps McCalla on 11/27/07. (McCalla, Jon)
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Filing 11
SCHEDULING ORDER. Entry of this order cancels the conference set 11/15/2007. Signed by Magistrate Judge Diane K. Vescovo on 11/14/2007. (Vescovo, Diane)
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| Replaced image of receipt in entry # 9 with correct receipt. (jae, ) |
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Filing 10
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 10/24/07. (McCalla, Jon)
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| Filing 9 MOTION for Leave to Appear Pro Hac Vice John T. Murray as counsel for Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC. (proposed order submitted) (Attachments: #1 Certificate of Good Standing#2 Rec M 110149)(jae, ) Additional attachment(s) added on 10/24/2007 (jae, ). |
| Filing 8 SETTING LETTER:Scheduling Conference set for 11/15/2007 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Friday, November 9, 2007. If the order is approved and filed, the conference will be canceled.Please see Judge Vescovo's Rule 16(b) instructions and new form order at www.tnwd.uscourts.gov/judgevescovo.(crk) |
| Filing 7 ANSWER to Complaint and Affirmative Defenses by Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC.(Goodwin, Stephen) |
| Filing 6 NOTICE of Appearance by Charmiane G. Claxton on behalf of Mary Ann Gray (Claxton, Charmiane) |
| Filing 5 STIPULATION For Extension of Time to Answer or Otherwise Respond to the Complaint by Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan. (Goodwin, Stephen) |
| Filing 4 SUMMONS Returned Executed by Mary Ann Gray. Caterpillar, Inc. served on 9/11/2007, answer due 10/1/2007. (Claxton, Charmiane) |
| Filing 3 SUMMONS Returned Executed by Mary Ann Gray. Hewitt Associates, LLC served on 9/11/2007, answer due 10/1/2007. (Claxton, Charmiane) |
| Filing 2 Case initiation fee: $ 350.00, receipt number M109216 (agj, ) |
| Filing 1 COMPLAINT against Caterpillar, Inc., Caterpillar, Inc. Retirement Income Plan, Hewitt Associates, LLC (Filing fee $ 350.) , filed by Mary Ann Gray. (Attachments: #1 Exhibit "A" Caterpillar Tractor Co memo#2 Exhibit "B" " Caterpillar Tractor Co Pension Notice#3 Exhibit "C" Claim Initiation Form#4 Exhibit "D" Letter to Ms. Gray#5 Exhibit "E" 2/22/07 Letter To Mr. Buckner#6 Exhibit "F" 1/18/07 Letter to Mr. Buckner#7 Civil Cover Sheet #8 Judge assignment card)(jae, ) |
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