Holloway et al v. Kohler Co et al
| Daniel Holloway, James Kohlhagen and Danny Holloway |
| Kohler Co, Kohler Company Pension Plan and Kohler Co Pension Plan |
| 2:2023cv01242 |
| September 19, 2023 |
| US District Court for the Eastern District of Wisconsin |
| J P Stadtmueller |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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Filing 20
PROTECTIVE ORDER signed by Judge J P Stadtmueller on 11/17/2023: ADOPTING: #19 Parties' Stipulation for Protective Order and SPECIFYING the terms as modified for confidential information produced or disclosed during this matter. See Order. (cc: all counsel)(jm)
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| Filing 19 JOINT STIPULATION for Entry of a Protective Order by Kohler Co, Kohler Co Pension Plan. (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Hansen, Scott) |
| Filing 18 NOTICE of Appearance by Christopher Michael Barrett on behalf of All Plaintiffs. Attorney(s) appearing: CHRISTOPHER M. BARRETT (Barrett, Christopher) |
| Filing 17 NOTICE of Appearance by Douglas P Needham on behalf of Danny Holloway, James Kohlhagen. Attorney(s) appearing: Douglas P. Needham (Needham, Douglas) |
| Filing 16 NOTICE of Appearance by Robert A Izard on behalf of All Plaintiffs. Attorney(s) appearing: Robert A. Izard (Izard, Robert) |
| Filing 15 NOTICE of Appearance by Lisa R Considine on behalf of Danny Holloway, James Kohlhagen. Attorney(s) appearing: Lisa R. Considine (Considine, Lisa) |
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TEXT ONLY ORDER signed by Judge J P Stadtmueller on 10/30/2023. Upon consideration of #13 the parties' joint executive summary of Defendant's proposed motion to dismiss, Defendant will be permitted to file its proposed motion to dismiss. The motion to dismiss, or in the event that the parties are able to resolve their differences, an amended complaint, is due within sixty (60) days of this Order. In the interim, the parties may proceed with conducting limited discovery related to "Kohler's decision to update the formulas used to calculate JSAs and QPSAs insofar as such discovery bears on the futility exception to the exhaustion doctrine." ECF No. 14 at 2. (cc: all counsel) (cw)
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| STRICKEN; FILED IN ERROR NOTICE of Electronic Filing Error re #13 Letter, ; Pursuant to General Local Rule 79, the Court will consider all documents to publicly filed unless a separate motion to seal or restrict is filed. You should file your motion to seal or restrict document immediately; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (rcm) Modified on 10/25/2023 (rcm). |
| Filing 14 Joint REPORT of Rule 26(f) Plan by Kohler Co, Kohler Co Pension Plan. (Costin, Emily) |
| Filing 13 LETTER from Counsel for the Parties Regarding Executive Summary of Defendants' Anticipated Motion . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Costin, Emily) |
| Filing 12 Magistrate Judge Jurisdiction Form filed by Kohler Co, Kohler Co Pension Plan. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Costin, Emily) |
| Filing 11 DISCLOSURE Statement by Kohler Co Pension Plan. (Costin, Emily) |
| Filing 10 DISCLOSURE Statement by Kohler Co. (Costin, Emily) |
| Filing 9 Magistrate Judge Jurisdiction Form filed by Danny Holloway, James Kohlhagen. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Faircloth, Oren) |
| Filing 8 NOTICE of Appearance by Scott W Hansen on behalf of All Defendants. Attorney(s) appearing: Scott W. Hansen (Hansen, Scott) |
| NOTICE from the clerk to DEFENDANTS requesting that the Consent/Refusal form to Magistrate Judge William Duffin be filed within 21 days; the form is available #here. In addition, pursuant to Civil Local Rule 7.1 a disclosure statement should have been filed with your first pleading. Please file your disclosure statement within 7 days. (rcm) |
| SECOND NOTICE from the clerk to PLAINTIFF requesting that the Consent/Refusal form to Magistrate Judge William Duffin be filed within 7 days; the form is available #here. (rcm) |
| Filing 7 NOTICE of Appearance by Richard B Crohan on behalf of Kohler Co, Kohler Co Pension Plan. Attorney(s) appearing: R. Blake Crohan (Crohan, Richard) |
| Filing 6 NOTICE of Appearance by Emily S Costin on behalf of Kohler Co, Kohler Co Pension Plan. Attorney(s) appearing: Emily S. Costin (Costin, Emily) |
| Filing 5 NOTICE of Appearance by David Richard Godofsky on behalf of Kohler Co, Kohler Co Pension Plan. Attorney(s) appearing: David R. Godofsky (Godofsky, David) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Kohler Co Pension Plan - Waiver sent on 9/21/2023. (Faircloth, Oren) |
| Filing 3 WAIVER OF SERVICE Returned Executed by Kohler Co - Waiver sent on 9/21/2023. (Faircloth, Oren) |
| Case Opening Modification(s); The following modification(s) have been made to your case entry: The county code has been modified - please remember to choose the county for the first named plaintiff. The disclosure statement should be filed as a separate document and not as an attachment to the initiating document. One or more party names have been modified - please remember to follow the Party Name Guidelines found on our website. ; Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines found in the user manual for further guidance (rcm) |
| Summons Issued as to All Defendants. (rcm) |
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Filing 2
PRETRIAL ORDER signed by Judge J P Stadtmueller on 9/20/2023. Judge Stadtmueller has adopted revised procedures for civil cases. Counsel for all parties should carefully review this Order and may contact chambers if they have any questions about the matters addressed herein. (cc: all counsel) (cw)
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| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller; 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. (jcl) |
| Filing 1 COMPLAINT against Kohler Co, Kohler Company Pension Plan by Daniel Holloway, James Kohlhagen. ( Filing Fee PAID $402 receipt number AWIEDC-4500319) (Attachments: #1 Civil Cover Sheet, #2 Plaintiffs' Disclosure Statement, #3 Summons as to Kohler Co., #4 Summons as to Kohler Co. Pension Plan)(Faircloth, Oren) |
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