Case v. Generac Power Systems Inc et al
Plaintiff: Dereck Case
Defendant: Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc and John Does 1-30
Case Number: 2:2021cv01100
Filed: September 21, 2021
Court: US District Court for the Eastern District of Wisconsin
Presiding Judge: Pamela Pepper
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1002
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2021 Filing 52 REPLY BRIEF in Support filed by Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc re #50 MOTION for Extension of Time for Rule 26(f) Conference and Report Pending Ruling on Motion to Dismiss . (Davidson, Deborah)
November 15, 2021 Filing 51 RESPONSE to Motion filed by Dereck Case re #50 MOTION for Extension of Time for Rule 26(f) Conference and Report Pending Ruling on Motion to Dismiss . (Secunda, Paul)
November 12, 2021 Filing 50 MOTION for Extension of Time for Rule 26(f) Conference and Report Pending Ruling on Motion to Dismiss by Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Attachments: #1 Text of Proposed Order)(Davidson, Deborah)
November 10, 2021 Opinion or Order Filing 49 TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 11/10/2021 re #48 Defendants' Unopposed Motion for Extension of Time to Respond to Amended Complaint. The court GRANTS the defendants' motion for an extension of time. The court ORDERS that the time for the defendants to file an answer or other responsive pleading to the amended complaint is EXTENDED until the end of the day on December 3, 2021. Note: there is no document associated with this text only order. (cc: all counsel)(cb)
November 9, 2021 Filing 48 Unopposed MOTION for Extension of Time to File Answer to Amended Complaint by Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Attachments: #1 Text of Proposed Order)(Davidson, Deborah)
November 2, 2021 Opinion or Order Filing 47 ORDER signed by Chief Judge Pamela Pepper on 11/2/2021. Rule 26 Discovery Plan due by 11/23/2021. (cc: all counsel)(cb)
November 1, 2021 Filing 46 AMENDED COMPLAINT against Generac Power Systems Inc, John Does 1-30, The Board of Directors of Generac Power Systems Inc filed by Dereck Case.(Secunda, Paul)
October 14, 2021 Filing 45 REQUESTRule 7(h) Expedited Non-Dispositive MOTION to Withdraw as Attorney Kevin J. Killeen by Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Davidson, Deborah) Modified on 10/15/2021 (amb).
October 11, 2021 Filing 44 BRIEF in Support filed by Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc re #43 MOTION to Dismiss Plaintiffs' Complaint . (Attachments: #1 Exhibit 1 - 2015 404a-5 Disclosure, #2 Exhibit 2 - 2016 404a-5 Disclosure, #3 Exhibit 3 - 2017 404a-5 Disclosure, #4 Exhibit 4 - 2018 404a-5 Disclosure, #5 Exhibit 5 - 2019 404a-5 Disclosure, #6 Exhibit 6 - 2020 404a-5 Disclosure, #7 Exhibit 7 - 2021 404a-5 Disclosure, #8 Exhibit 8 - Brand Declaration, #9 Exhibit 9 - 2016 Generac Form 5500, #10 Exhibit 10 - 2019 408b-2 Disclosure, #11 Exhibit 11 - 2021 408b-2 Disclosure, #12 Exhibit 12 - 2020 Generac Form 5500, #13 Exhibit 13 - 2018 Generac Form 5500, #14 Exhibit 14 - 2018 H&E Plan Form 5500, #15 Exhibit 15 - 2018 Form 5500 for the Crum & Forster Employee Savings Plan, #16 Exhibit 16 - 2018 Form 5500 for the Associated Materials, LLC 401(k) Retirement Savings Plan, #17 Exhibit 17 - 2018 Form 5500 for the Hitachi Vantara Corporation Retirement & Savings Program, #18 Exhibit 18 - Form 5500 for the Boston Consulting Group, Inc. Employees Profit-Sharing Retirement Fund, #19 Exhibit 19 - 2018 Form 5500 for the Healthfirst Profit Sharing 401(k) Plan, #20 Exhibit 20 - 018 Form 5500 for the Mercedes-Benz USA, LLC Employees Retirement Savings Plan, #21 Exhibit 21 - 2018 Form 5500 for the Smithfield Foods, Inc. Salaried 401(k) Plan)(Davidson, Deborah)
October 11, 2021 Filing 43 MOTION to Dismiss Plaintiffs' Complaint by Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Davidson, Deborah)
October 11, 2021 Filing 42 NOTICE of Appearance by Kevin J Kinney on behalf of Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. Attorney(s) appearing: Kevin J. Kinney (Kinney, Kevin)
October 11, 2021 Filing 41 NOTICE of Appearance by Bernard J Bobber on behalf of Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. Attorney(s) appearing: Bernard J. Bobber (Bobber, Bernard)
September 22, 2021 Filing 40 Magistrate Judge Jurisdiction Form filed by Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Davidson, Deborah)
September 21, 2021 Filing 39 Magistrate Judge Jurisdiction Form filed by Dereck Case. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Secunda, Paul)
September 21, 2021 Filing 38 Case transferred in from District of Washington Western; Case Number 2:21-cv-00752. Original file certified copy of transfer order and docket sheet received.
September 21, 2021 NOTICE Regarding assignment of this matter to Magistrate Judge Nancy Joseph; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. (jcl)
September 21, 2021 Case reassigned to Chief Judge Pamela Pepper. Magistrate Judge Nancy Joseph no longer assigned to the case. (rcm)
September 13, 2021 Opinion or Order Filing 37 ORDER granting the Parties' #36 Second Stipulated Motion for Extension of Time to Answer. Defendants are allowed to and including October 11,2021, as the deadline to file their answer, present defenses, or otherwise respond to Plaintiff's Complaint. Signed by Judge Ricardo S. Martinez. (PM) [Transferred from wawd on 9/21/2021.]
September 10, 2021 Filing 36 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint, (Second), filed by Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Attachments: #1 Proposed Order) Noting Date 9/10/2021, (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
September 3, 2021 Opinion or Order Filing 35 ORDER granting Defendants' #25 MOTION to Transfer Venue to the Eastern District of Wisconsin. This case is TRANSFERRED to the United States District Court for the Eastern District of Wisconsin. Defendants' Motion to Stay Pending Decision on Motion to Transfer Venue to the Eastern District of Wisconsin (Dkt. #27 ) is DENIED as moot. Signed by Judge Ricardo S. Martinez. Per LCR 3(i): Case will be transferred to the Eastern District of Wisconsin by electronic case transfer on the 15th day following the date of this filing: 9/20/2021 (PM) [Transferred from wawd on 9/21/2021.]
August 27, 2021 Filing 34 REPLY, filed by Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc, TO RESPONSE to #25 MOTION to Transfer Case to the Eastern District of Wisconsin (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 26, 2021 Opinion or Order Filing 33 ORDER granting the Parties' #32 Stipulated Motion for Extension of Time to Answer. Defendants are allowed an additional fourteen (14) days, to and including September 14, 2021, as the deadline to file their answer, present defenses, or otherwise respond to Plaintiff's Complaint. Signed by Judge Ricardo S. Martinez.(PM) [Transferred from wawd on 9/21/2021.]
August 25, 2021 Filing 32 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint, , filed by Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Attachments: #1 Proposed Order) Noting Date 8/25/2021, (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 23, 2021 Filing 31 RESPONSE, by Plaintiff Dereck Case, to #25 MOTION to Transfer Case to the Eastern District of Wisconsin. (Riley, Erin) [Transferred from wawd on 9/21/2021.]
August 13, 2021 Filing 30 REPLY, filed by Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc, TO RESPONSE to #27 MOTION to Stay Pending Decision of Motion to Transfer Venue to the Eastern District of Wisconsin (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 11, 2021 Filing 29 RESPONSE, by Plaintiff Dereck Case, to #27 MOTION to Stay Pending Decision of Motion to Transfer Venue to the Eastern District of Wisconsin. (Riley, Erin) [Transferred from wawd on 9/21/2021.]
August 9, 2021 Opinion or Order Filing 28 ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Scott Stanton Luzi for Plaintiff Dereck Case, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from wawd on 9/21/2021.]
August 5, 2021 Filing 27 MOTION to Stay Pending Decision of Motion to Transfer Venue to the Eastern District of Wisconsin, filed by Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Attachments: #1 Proposed Order) Noting Date 8/13/2021, (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 5, 2021 Filing 26 DECLARATION of Cheryl Brand filed by Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc re #25 MOTION to Transfer Case to the Eastern District of Wisconsin (Attachments: #1 Exhibit A, #2 Exhibit B)(Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 5, 2021 Filing 25 MOTION to Transfer Case to the Eastern District of Wisconsin, filed by Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Attachments: #1 Proposed Order) Noting Date 8/27/2021, (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 5, 2021 Opinion or Order Filing 24 ORDER re #21 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Stephanie Reiss for Defendants Generac Power Systems Inc, and The Board of Directors of Generac Power Systems Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from wawd on 9/21/2021.]
August 5, 2021 Opinion or Order Filing 23 ORDER re #18 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jeremy P. Blumenfeld for Defendants Generac Power Systems Inc and The Board of Directors of Generac Power Systems Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from wawd on 9/21/2021.]
August 3, 2021 Opinion or Order Filing 22 ORDER re #19 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jared Killeen for Defendants Generac Power Systems Inc and for The Board of Directors of Generac Power Systems Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from wawd on 9/21/2021.]
August 3, 2021 Filing 21 APPLICATION OF ATTORNEY Stephanie R. Reiss FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc (Fee Paid) Receipt No. AWAWDC-7194366 (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 3, 2021 Opinion or Order Filing 20 ORDER re #17 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Deborah S Davidson for Defendants Generac Power Systems Inc, and The Board of Directors of Generac Power Systems Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from wawd on 9/21/2021.]
August 3, 2021 Filing 19 APPLICATION OF ATTORNEY Jared R. Killeen FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc (Fee Paid) Receipt No. AWAWDC-7194176 (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 3, 2021 Filing 18 APPLICATION OF ATTORNEY Jeremy P. Blumenfeld FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc (Fee Paid) Receipt No. AWAWDC-7194167 (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
August 3, 2021 Filing 17 APPLICATION OF ATTORNEY Deborah S. Davidson FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc (Fee Paid) Receipt No. AWAWDC-7194148 (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
July 23, 2021 Opinion or Order Filing 16 ORDER granting the parties' #15 Stipulated Motion for Extension of Time FRCP 26(f) Conference Deadline is 9/30/2021, Initial Disclosure Deadline is 10/7/2021, Combined Joint Status Report and Discovery Plan due by 10/14/2021. Signed by Judge Ricardo S. Martinez. (PM) [Transferred from wawd on 9/21/2021.]
July 22, 2021 Filing 15 Stipulated MOTION for Extension of Time , filed by Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Attachments: #1 Proposed Order) Noting Date 7/22/2021, (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
July 22, 2021 Filing 14 NOTICE of Appearance by attorney Russell Scott Buhite on behalf of Defendants Generac Power Systems Inc, The Board of Directors of Generac Power Systems Inc. (Buhite, Russell) [Transferred from wawd on 9/21/2021.]
July 2, 2021 Filing 13 WAIVER OF SERVICE of Summons upon defendant The Board of Directors of Generac Power Systems Inc mailed on 7/2/2021 (Riley, Erin) [Transferred from wawd on 9/21/2021.]
July 2, 2021 Filing 12 WAIVER OF SERVICE of Summons upon defendant Generac Power Systems Inc mailed on 7/2/2021 (Riley, Erin) [Transferred from wawd on 9/21/2021.]
June 30, 2021 Opinion or Order Filing 11 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Ricardo S. Martinez. FRCP 26(f) conference deadline 7/30/21, initial disclosure deadline 8/6/21, Joint Status Report due by 8/13/2021. (LC) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Filing 10 Summons(es) Electronically Issued as to defendant(s) Generac Power Systems Inc, John Does 1-30, The Board of Directors of Generac Power Systems Inc. (Attachments: #1 Summons, #2 Summons)(RE) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Opinion or Order Filing 9 ORDER re #5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Paul M Secunda for Plaintiff Dereck Case, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Opinion or Order Filing 8 ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James A Walcheske for Plaintiff Dereck Case, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Opinion or Order Filing 7 ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jeffrey Lewis for Plaintiff Dereck Case, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Filing 6 APPLICATION OF ATTORNEY Jeffrey Lewis FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Dereck Case (Fee Paid) Receipt No. AWAWDC-7118645 (Riley, Erin) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Filing 5 APPLICATION OF ATTORNEY Paul M. Secunda FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Dereck Case (Fee Paid) Receipt No. AWAWDC-7118641 (Riley, Erin) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Filing 4 APPLICATION OF ATTORNEY Scott S. Luzi FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Dereck Case (Fee Paid) Receipt No. AWAWDC-7118630 (Riley, Erin) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Filing 3 APPLICATION OF ATTORNEY James A. Walcheske FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Dereck Case (Fee Paid) Receipt No. AWAWDC-7118584 (Riley, Erin) [Transferred from wawd on 9/21/2021.]
June 9, 2021 Judge Ricardo S. Martinez added. (RE) [Transferred from wawd on 9/21/2021.]
June 8, 2021 Filing 2 PRAECIPE TO ISSUE SUMMONS by Plaintiff Dereck Case (Attachments: #1 Summons, #2 Summons)(Riley, Erin) [Transferred from wawd on 9/21/2021.]
June 8, 2021 Filing 1 COMPLAINT - CLASS ACTION COMPLAINT FOR CLAIMS UNDER 29 U.S.C. 1132(A)(2) against All Defendants (Receipt # AWAWDC-7116382) Attorney Erin Maura Riley added to party Dereck Case(pty:pla), filed by Dereck Case. (Attachments: #1 Civil Cover Sheet)(Riley, Erin) [Transferred from wawd on 9/21/2021.]

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Search for this case: Case v. Generac Power Systems Inc et al
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Plaintiff: Dereck Case
Represented By: James A Walcheske
Represented By: Jeffrey Lewis
Represented By: Paul M Secunda
Represented By: Scott S Luzi
Represented By: Erin M Riley
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Defendant: Generac Power Systems Inc
Represented By: Deborah S Davidson
Represented By: Jeremy P Blumenfeld
Represented By: Kevin J Killeen
Represented By: Stephanie Reiss
Represented By: Russell Scott Buhite
Represented By: Bernard J Bobber
Represented By: Kevin J Kinney
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Defendant: The Board of Directors of Generac Power Systems Inc
Represented By: Deborah S Davidson
Represented By: Kevin J Killeen
Represented By: Jeremy P Blumenfeld
Represented By: Stephanie Reiss
Represented By: Russell Scott Buhite
Represented By: Bernard J Bobber
Represented By: Kevin J Kinney
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Defendant: John Does 1-30
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