Berube v. Rockwell Automation Inc et al
| Mark Berube |
| Rockwell Automation Inc and Rockwell Automation Employee Benefits Plan Committee |
| 2:2020cv01783 |
| December 2, 2020 |
| US District Court for the Eastern District of Wisconsin |
| Lynn Adelman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.
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Filing 63
DECISION AND ORDER signed by Judge Lynn Adelman on 04/03/23 DENYING #53 Motion to Certify Class. (cc: all counsel)(kmr)
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Filing 62
ORDER signed by Judge Lynn Adelman on 02/21/23 GRANTING #61 Motion to Withdraw as Attorney. (cc: all counsel)(kmr)
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| Filing 61 NOTICE MOTION to Withdraw as Attorney Motion for Leave to Withdraw Appearance of Oren Faircloth by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Faircloth, Oren) Modified on 2/21/2023 (bx). |
| Filing 60 DECLARATION of Douglas P. Needham in Support of Reply to Opposition to Class Certification (Attachments: #1 Ex. 9 - Pitts Decl., #2 Ex. 10 - Terry Depo Tr. (Excerpts), #3 Ex. 11 - B006 SPD)(Faircloth, Oren) |
| Filing 59 REPLY BRIEF in Support filed by Mark Berube re #53 MOTION to Certify Class . (Faircloth, Oren) |
| Filing 58 NOTICE by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc of Errata and Corrected Filing (Attachments: #1 Exhibit 1 - Defendants' Corrected Opposition to Plaintiff's Motion for Class Certification)(Costin, Emily) |
| Filing 57 DECLARATION of Emily Seymour Costin in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification (Attachments: #1 Exhibit A - Corrected Expert Report of Thomas S. Terry, Dated June 23, 2022, #2 Exhibit B - Deposition Transcript of Mark R. Berube, Taken on February 16, 2022, #3 Exhibit C - PL_0001-18 (Redacted Exhibit 2 from Deposition of Mark Berube), #4 Exhibit D - Deposition Transcript of David G. Pitts, FSA, MAAA, Taken on September 16, 2022, #5 Exhibit E - Expert Report of David G. Pitts, FSA, MAAA, Dated May 18, 2022)(Costin, Emily) |
| Filing 56 BRIEF in Opposition filed by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc re #53 MOTION to Certify Class . (Costin, Emily) |
| Filing 55 DECLARATION of DOUGLAS P. NEEDHAM IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION (Attachments: #1 Exhibit 1 - Plan Document, #2 Exhibit 2 - B006 Sub-Plan Document, #3 Exhibit 3 - B001 Sub-Plan Document, #4 Exhibit 4 - Defendants' Responses & Objections to Plaintiff's First Set of Interrogatories, #5 Exhibit 5 - Expert Report of David G. Pitts dated May 18, 2022, #6 Exhibit 6 - Expert Rebuttal Report of David G. Pitts dated July 22, 2022, #7 Exhibit 7 - Transcript Excerpts of Mark Berube February 16, 2022 Deposition, #8 Exhibit 8 - Transcript Excerpts of Maureen Kennedy-Harlan March 22, 2022 30(b)(6) Deposition, #9 Exhibit 9 - IKR Firm Resume, #10 Exhibit 10 - B&G Firm Resume)(Needham, Douglas) |
| Filing 54 BRIEF in Support filed by Mark Berube re #53 MOTION to Certify Class . (Needham, Douglas) |
| Filing 53 MOTION to Certify Class by Mark Berube. (Needham, Douglas) |
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Filing 52
ORDER signed by Judge Lynn Adelman on 4/11/22 granting #51 Motion to Modify. (cc: all counsel)(KR)
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| Filing 51 Unopposed MOTION to Modify DEADLINES OF #41 SCHEDULING ORDER by Mark Berube. (Attachments: #1 Text of Proposed Order of Revised Discovery Plan)(Needham, Douglas) |
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Filing 50
ORDER signed by Judge Lynn Adelman on 1/26/22 that the defendants' motion for summary judgment for failure to exhaust administrative remedies #25 is DENIED. (cc: all counsel)(jad)
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| Filing 49 RESPONSE filed by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc re #45 Statement of Fact (Costin, Emily) |
| Filing 48 REPLY BRIEF in Support filed by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc re #25 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies . (Attachments: #1 Exhibit A - Plaintiffs Memo in Support of Motion for Preliminary Approval of Class Settlement from Cruz v. Raytheon Co., et al. (D. Mass.), Case No. 19-cv-11425, #2 Exhibit B - Declaration of D. Needham in Support of Motion for Preliminary Approval of Class Settlement from Cruz v. Raytheon Co., et al. (D. Mass.), Case No. 19-cv-11425)(Costin, Emily) |
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TEXT ONLY ORDER signed by Judge Lynn Adelman on 12/27/21 granting #47 Motion for Extension of Time. (cc: all counsel)(jad)
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| Filing 47 Unopposed MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. (Attachments: #1 Text of Proposed Order)(Costin, Emily) |
| Filing 46 DECLARATION of DOUGLAS P. NEEDHAM IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit A - Rockwell Automation Pension Plan (the "Plan"), #2 Exhibit B - "Committee Structure", #3 Exhibit C - "ROK Board Authorization for Employee Benefit Matters", #4 Exhibit D - "Rockwell Automation, Inc. Employee Benefits Appeals Committee Charter", #5 Exhibit E - 30(b)(6) Deposition Notice, #6 Exhibit F - Transcript of 9-10-21 30(b)(6) Deposition of Peter Shippee, #7 Exhibit G - "Pension Calculation Statement", #8 Exhibit H - "Rockwell Automation Benefits Appeals Committee Members since 2006")(Needham, Douglas) |
| Filing 45 STATEMENT OF FACT by Mark Berube PLAINTIFF'S RESPONSE TO DEFENDANTS' STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT. (Needham, Douglas) |
| Filing 44 BRIEF in Opposition filed by Mark Berube re #25 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies . (Needham, Douglas) |
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Filing 43
ORDER signed by Judge Lynn Adelman on 12/16/21 granting #42 Motion to Withdraw as Attorney. Attorney Mark P Kindall terminated. (cc: all counsel)(jad)
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| Filing 42 MOTION to Withdraw as Attorney Mark P. Kindall by Mark Berube. (Attachments: #1 Text of Proposed Order)(Kindall, Mark) |
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Filing 41
ORDER granting revised discovery plan signed by Judge Lynn Adelman on 12/1/21. (cc: all counsel)(jad)
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| Filing 40 STATUS REPORT Joint Status Report by All Defendants. (Attachments: #1 Exhibit A - Proposed Revised Discovery Plan)(Hansen, Scott) |
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Filing 39
ORDER signed by Judge Lynn Adelman on 9/27/21 granting #38 Motion to Stay. (cc: all counsel)(jad)
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| Filing 38 Joint MOTION to Stay Joint Motion to Stay All Deadlines by Mark Berube. (Attachments: #1 Proposed Order)(Kindall, Mark) |
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TEXT ONLY ORDER signed by Judge Lynn Adelman on 8/20/21 granting #37 Motion for Extension of Time. (cc: all counsel)(jad)
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| Filing 37 Second MOTION for Extension of Time to File an Opposition to Defendants' Motion for Summary Judgment (Unopposed) by Mark Berube. (Kindall, Mark) |
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Filing 36
ORDER signed by Chief Judge Pamela Pepper on 6/28/21 granting #35 Motion for Extension of Time. (cc: all counsel)(jad)
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| Filing 35 Unopposed MOTION for Extension of Time to File an Opposition to Defendants' Motion for Summary Judgment by Mark Berube. (Attachments: #1 Text of Proposed Order)(Kindall, Mark) |
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Filing 34
SCHEDULING ORDER signed by Judge Lynn Adelman on 6/11/21. (cc: all counsel)(jad)
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Filing 33
ORDER re Confidentiality Addendum signed by Judge Lynn Adelman on 6/11/21. (cc: all counsel)(jad)
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Filing 32
ORDER signed by Judge Lynn Adelman on 6/11/21 granting #30 Motion for Protective Order. (cc: all counsel)(jad)
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| Filing 31 Minute Entry for proceedings held before Judge Lynn Adelman: Status Conference held on 6/11/2021. The parties dispute whether discovery on the merits should proceed while defendants motion for summary judgment on exhaustion remains pending. Plaintiff believes the exhaustion motion should fail based on the materials that are already on file, but he intends to argue in the alternative that discovery is needed on the futility exception to the exhaustion rule. He asks whether he should file a response to the motion without taking the discovery and reserve the right to take the discovery if necessary. The court instructs the plaintiff to take whatever discovery he needs regarding futility before filing his response to the motion; the court does not want piecemeal responses. If the plaintiff cannot take the necessary discovery and file a response by the existing deadline, the court will extend his deadline to respond to the motion. Court also finds that discovery on the merits may proceed while the exhaustion motion is pending. Court will issue a separate order adopting the parties proposed schedule. (jad) |
| Filing 30 Joint MOTION for Protective Order by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. (Attachments: #1 Exhibit A - Proposed Protective Order)(Costin, Emily) |
| Filing 29 Joint REPORT of Rule 26(f) Plan by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. (Costin, Emily) |
| Filing 28 DECLARATION of Peter Shippee in Support of Defendants' Motion for Summary Judgment #25 (Attachments: #1 Attachment 1 - The Rockwell Pension Plan, #2 Attachment 2 - The Rockwell B006 Sub-Plan, #3 Attachment 3 - The Rockwell B006 Sub-Plan SPD)(Costin, Emily) |
| Filing 27 Proposed Findings of Fact by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc (Costin, Emily) |
| Filing 26 BRIEF in Support filed by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc re #25 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies . (Costin, Emily) |
| Filing 25 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. (Costin, Emily) |
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Filing 24
SCHEDULING ORDER signed by Judge Lynn Adelman on 4/27/21. IT IS ORDERED that a telephonic Fed. R. Civ. P. 16(b) scheduling conference will be held on June 11, 2021 at 11:15 a.m. The court will initiate the call. The participation of the attorney who will be handling the case is required and their telephone number should be provided in the Rule 26(f) report. (cc: all counsel)(jad)
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| Filing 23 ANSWER to Complaint and Affirmative Defenses by All Defendants.(Hansen, Scott) |
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Filing 22
ORDER signed by Judge Lynn Adelman on 4/12/21 that the defendants' motion to dismiss the complaint for failure to state a claim #15 is DENIED. (cc: all counsel)(jad)
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| Filing 21 REPLY BRIEF in Support filed by All Defendants re #15 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) . (Attachments: #1 Exhibit A - Memo in Support of Motion for Preliminary Approval of Class Settlement Dkt. 77, #2 Exhibit B - Declaration of Douglas P. Needham Dkt. 76-4)(Hansen, Scott) |
| Filing 20 BRIEF in Opposition filed by Mark Berube re #15 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) . (Izard, Robert) |
| Filing 19 INCOMPLETE DOCUMENT - will be re-filed BRIEF in Opposition filed by Mark Berube re #15 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) . (Izard, Robert) Modified on 2/19/2021 (vkb) |
| Filing 18 NOTICE of Appearance by Richard B Crohan on behalf of Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. Attorney(s) appearing: Richard Blakeman Crohan (Crohan, Richard) |
| NOTICE of Electronic Filing Error re #17 Declaration ; The Exhibits to this document should have been filed as an attachment. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (jcl) |
| Filing 17 DECLARATION of Maureen Kennedy-Harlan (Hansen, Scott) |
| Filing 16 BRIEF in Support filed by All Defendants re #15 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) . (Hansen, Scott) |
| Filing 15 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. (Hansen, Scott) |
| Filing 14 NOTICE of Appearance by Mark G Boyko on behalf of Mark Berube. Attorney(s) appearing: Mark G. Boyko (Boyko, Mark) |
| Filing 13 NOTICE of Appearance by Gregory Y Porter on behalf of Mark Berube. Attorney(s) appearing: Gregory Y. Porter (Porter, Gregory) |
| Filing 12 NOTICE of Appearance by Emily S Costin on behalf of Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. Attorney(s) appearing: Emily S. Costin (Costin, Emily) |
| Filing 11 NOTICE of Appearance by David Richard Godofsky on behalf of Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. Attorney(s) appearing: David R. Godofsky (Godofsky, David) |
| Filing 10 DISCLOSURE Statement by All Defendants. (Hansen, Scott) |
| Filing 9 DISCLOSURE Statement by Mark Berube. (Crueger, Charles) |
| Filing 8 NOTICE of Appearance by Scott W Hansen on behalf of Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. Attorney(s) appearing: Scott W. Hansen (Hansen, Scott) |
| Filing 7 NOTICE of Appearance by Oren Faircloth on behalf of Mark Berube. Attorney(s) appearing: Oren Faircloth (Faircloth, Oren) |
| Filing 6 NOTICE of Appearance by Douglas P Needham on behalf of Mark Berube. Attorney(s) appearing: Douglas P. Needham (Needham, Douglas) |
| Filing 5 NOTICE of Appearance by Mark P Kindall on behalf of Mark Berube. Attorney(s) appearing: Mark P. Kindall (Kindall, Mark) |
| Filing 4 NOTICE of Appearance by Robert A Izard on behalf of Mark Berube. Attorney(s) appearing: Robert A. Izard (Izard, Robert) |
| Filing 3 WAIVER OF SERVICE Returned Executed by All Defendants. (Crueger, Charles) |
| Filing 2 Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Crueger, Charles) |
| Summons Issued as to Rockwell Automation Employee Benefits Plan Committee, Rockwell Automation Inc. (jcl) |
| NOTICE Regarding assignment of this matter to Judge Lynn Adelman; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (cmb) |
| Filing 1 COMPLAINT against All Defendants by Mark Berube. ( Filing Fee PAID $402 receipt number AWIEDC-3654956) (Attachments: #1 Civil Cover Sheet, #2 Summons Rockwell Automation, Inc., #3 Summons Rockwell Automation Employee Benefits Plan Committee)(Crueger, Charles) |
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