Virginia Eastern District Court, Case No. 1:96-cv-01490-LMB:
Carlough v. Sheet Metal Workers

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No Logo Walter W. Carlough, Plaintiff

Jon Michael Lippard
Phone: +1 703 273 8590

v.
No Logo Sheet Metal Workers National Pen Fund, Defendant

Jennifer Holmes Wiseman
SLEVIN & HART, PC
Phone: +1 202 797 8700
Fax: +1 202 234 8231

John Hardin Marion
Tydings & Rosenberg LLP
Phone: +1 410 752 9700

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Office Alexandria
Filed 10/16/1996
Jury Demand Both
Demand $180000
Nature of Suit 791 - Labor: E.R.I.S.A.
Cause Section 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jurisdiction Federal Question
Disposition Judgment - Court Trial
County Arlington
Terminated 4/21/1997
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Cases 97-1766[], {}
Def Custody Status
Flag CLOSED
 1 Filed: 10/16/1996, Entered: 10/23/1996 Notice of Removal
NOTICE OF REMOVAL from Circuit Court for City of Alex by Sheet Metal Workers ; together w/state court records FILING FEE $ 120 RECEIPT # 111233; jury demand (clerk)
 3 Filed: 10/23/1996, Entered: 10/28/1996 Memorandum in Support
MEMORANDUM by Sheet Metal Workers in support of [2-1] motion by Sheet Metal Workers to Dismiss by Sheet Metal Workers, [2-2] motion by Sheet Metal Workers for Summary Judgment by Sheet Metal Workers (clerk)
 4 Filed: 10/23/1996, Entered: 10/28/1996 Notice of Hearing
NOTICE of Hearing: Motion Hearing set for 19:00 11/15/96 for [2-1] motion by Sheet Metal Workers to Dismiss, set for 10:00 11/15/96 for [2-2] motion by Sheet Metal Workers for Summary Judgment (clerk)
 -- Filed: 10/28/1996, Entered: 10/29/1996 Set/Reset Deadlines
Deadline updated; Motion Hearing set for 10:00 11/22/96 for [2-1] motion by Sheet Metal Workers to Dismiss, set for 10:00 11/22/96 for [2-2] motion by Sheet Metal Workers for Summary Judgment (clerk)
 2 Filed: 10/28/1996, Entered: 10/28/1996, Terminated: 11/22/1996 Motion to Dismiss
MOTION by Sheet Metal Workers to Dismiss , or in the alternative by Sheet Metal Workers for Summary Judgment (clerk)
 5 Filed: 11/1/1996, Entered: 11/5/1996 Scheduling Order Court Filing
SCHEDULING ORDER setting Discovery cutoff 2/28/97 ; Pretrial Conference for 10:50 3/20/97 ; ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (clerk)
 6 Filed: 11/18/1996, Entered: 11/18/1996 Memorandum in Opposition
MEMORANDUM by Walter W. Carlough in opposition to [2-1] motion by Sheet Metal Workers to Dismiss by Sheet Metal Workers, [2-2] motion by Sheet Metal Workers for Summary Judgment by Sheet Metal Workers (clerk)
 7 Filed: 11/20/1996, Entered: 11/20/1996 Reply to Response to Motion
REPLY by Sheet Metal Workers to response to [2-1] motion by Sheet Metal Workers to Dismiss by Sheet Metal Workers, [2-2] motion by Sheet Metal Workers for Summary Judgment by Sheet Metal Workers (clerk)
 -- Filed: 11/22/1996, Entered: 11/26/1996 Minutes - Miscellaneous
Minute entry: Judge Brinkema. Reporter: McCoy; matter on for hrg. on deft.'s motions; appearances: of counsel; deft.'s mot. to dism. - argued and denied; deft.'s mot. for summ. judg. - argued, treated as mot. to dism. and denied (clerk)
 8 Filed: 11/22/1996, Entered: 11/26/1996 Order Court Filing
ORDER denying [2-1] motion by Sheet Metal Workers to Dismiss, or in alternative [2-2] motion by Sheet Metal Workers for Summary Judgment, w/out prej. - entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
 9 Filed: 1/27/1997, Entered: 1/29/1997 Answer to Complaint
ANSWER to Complaint by Sheet Metal Workers (Attorney Jennifer Carie Holmes), (clerk)
 10 Filed: 2/21/1997, Entered: 2/21/1997, Terminated: 2/25/1997 Motion to Amend/Correct
JOINT MOTION by Walter W. Carlough, Sheet Metal Workers by Sheet Metal Workers, Walter W. Carlough to Amend Scheduling Order (clerk)
 11 Filed: 2/21/1997, Entered: 2/21/1997 Notice of Hearing
NOTICE of Hearing: Motion Hearing set for 10:00 2/28/97 for [10-1] joint motion by Sheet Metal Workers, Walter W. Carlough to Amend Scheduling Order (clerk)
 42 Filed: 2/21/1997, Entered: 4/22/1997 Order Court Filing
ORDER granting [31-1] motion by Sheet Metal Workers in Limine to limit evidence about Trustees' plan interpretation, denying [34-1] motion by Sheet Metal Workers for Reconsideration of the 4/11/97 Order, denying [34-2] motion by Sheet Metal Workers for Summary Judgment - entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
 12 Filed: 2/25/1997, Entered: 2/26/1997 Order Court Filing
ORDER granting [10-1] joint motion by Sheet Metal Workers, Walter W. Carlough to Amend Scheduling Order; extending the deadlines for discovery to 3/14/97, after which there shall be no further discovery in this case. ( signed by Magistrate Judge Theresa C. Buchanan ) Copies Mailed: yes (clerk)
 13 Filed: 2/28/1997, Entered: 3/3/1997 Motion for Summary Judgment
MOTION by Walter W. Carlough for Partial Summary Judgment (clerk)
 14 Filed: 2/28/1997, Entered: 3/3/1997 Memorandum in Support
MEMORANDUM by Walter W. Carlough in support of [13-1] motion for Partial Summary Judgment (clerk)
 15 Filed: 2/28/1997, Entered: 3/3/1997 Remark
STATEMENT OF MATERIAL FACTS NOT IN DISPUTE filed by plaintiff Walter W. Carlough (clerk)
 16 Filed: 2/28/1997, Entered: 3/3/1997 Notice of Hearing
NOTICE of Hearing: Motion Hearing set for 10:00 3/14/97 for [13-1] motion by Walter W. Carlough for Partial Summary Judgment (clerk)
 17 Filed: 3/11/1997, Entered: 3/11/1997 Remark
PRAECIPE removing Partial Summary Judgment Motion for 3/14/97 filed by plaintiff Walter W. Carlough (clerk)
 -- Filed: 3/20/1997, Entered: 3/20/1997 Pretrial Conference - Final
Pre-Trial Conference held; Judge Bryan; Appearances of counsel; case set for trial by Jury on 4/21/97. (clerk)
 -- Filed: 3/20/1997, Entered: 3/20/1997 Jury Trial - Begun
Jury Trial set at 10:00 4/21/97 (clerk)
 18 Filed: 3/20/1997, Entered: 3/20/1997 Exhibit List
Exhibit list and Witness List filed by Sheet Metal Workers (clerk)
 19 Filed: 3/20/1997, Entered: 3/24/1997 Discovery - Miscellaneous
Rule 26(a)(3) Disclosure by Walter W. Carlough (clerk)
 20 Filed: 3/27/1997, Entered: 3/27/1997, Terminated: 4/11/1997 Motion for Summary Judgment
CROSS MOTION by Sheet Metal Workers for Summary Judgment as to Count I (clerk)
 21 Filed: 3/27/1997, Entered: 3/27/1997 Docket Annotation
Deft's statement of material facts in dispute in support of its opposition to pltf's motion for partial summary judgment (clerk)
 22 Filed: 3/27/1997, Entered: 3/27/1997 Docket Annotation
Deft's statement of material facts not in dispute in support of its cross-motion for summary judgment as to Count I (clerk)
 23 Filed: 3/27/1997, Entered: 3/27/1997 Memorandum in Opposition
MEMORANDUM by Sheet Metal Workers in opposition to [13-1] motion for Partial Summary Judgment and in support of its cross-motion for summary judgment as to Count I (clerk)
 24 Filed: 3/27/1997, Entered: 3/27/1997 Notice of Hearing
NOTICE of Hearing: Motion Hearing set for 10:00 4/11/97 for [20-1] cross motion for Summary Judgment as to Count I (clerk)
 25 Filed: 3/31/1997, Entered: 4/3/1997 Objection
OBJECTION by defendant Sheet Metal Workers to [19-1] rule by Walter W. Carlough (clerk)
 26 Filed: 3/31/1997, Entered: 4/3/1997 Objection
OBJECTION by plaintiff Walter W. Carlough to Defendant's FRCP 26 (a) (3) Disclosures (clerk)
 27 Filed: 4/3/1997, Entered: 4/4/1997 Notice of Hearing
RENOTICE of Hearing: Motion Hearing set for 10:00 4/11/97 for [13-1] motion by Walter W. Carlough for Partial Summary Judgment (clerk)
 28 Filed: 4/9/1997, Entered: 4/9/1997 Memorandum in Opposition
MEMORANDUM by Walter W. Carlough in opposition to [20-1] cross motion for Summary Judgment as to Count I by Sheet Metal Workers (clerk)
 29 Filed: 4/10/1997, Entered: 4/11/1997 Reply to Response to Motion
REPLY by Sheet Metal Workers to Memorandum in Opposition by pltf to [20-1] cross motion for Summary Judgment as to Count I by Sheet Metal Workers (clerk)
 -- Filed: 4/11/1997, Entered: 4/22/1997 Minutes - Miscellaneous
Minute entry: Judge Brinkema. Reporter: Thomson; matter on for hrg. on pltf.'s and deft.'s mot.'s; appearances: of counsel; cross mot.'s for summ. judg. - argued and denied (clerk)
 39 Filed: 4/11/1997, Entered: 4/22/1997 Order Court Filing
ORDER denying [20-1] cross motion for Summary Judgment as to Count I, denying [13-1] motion by Walter W. Carlough for Partial Summary Judgment - entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
 30 Filed: 4/15/1997, Entered: 4/15/1997 Transcript
TRANSCRIPT - filed for dates of 4/11/97 (LMB) (clerk)
 34 Filed: 4/15/1997, Entered: 4/17/1997 Motion for Reconsideration
MOTION by Sheet Metal Workers for Reconsideration of the 4/11/97 Order , or, in the alternative by Sheet Metal Workers for Summary Judgment (clerk)
 35 Filed: 4/15/1997, Entered: 4/17/1997 Memorandum in Support
MEMORANDUM by Sheet Metal Workers in support of [34-1] motion by Sheet Metal Workers for Reconsideration of the 4/11/97 Order by Sheet Metal Workers, [34-2] motion by Sheet Metal Workers for Summary Judgment by Sheet Metal Workers (clerk)
 36 Filed: 4/15/1997, Entered: 4/17/1997 Notice of Hearing
NOTICE of Hearing: Motion Hearing set for 10:00 4/21/97 for [34-1] motion by Sheet Metal Workers for Reconsideration of the 4/11/97 Order, set for 10:00 4/21/97 for [34-2] motion by Sheet Metal Workers for Summary Judgment (clerk)
 31 Filed: 4/16/1997, Entered: 4/17/1997, Terminated: 2/21/1997 Motion in Limine
MOTION by Sheet Metal Workers in Limine to limit evidence about Trustees' plan interpretation (clerk)
 32 Filed: 4/16/1997, Entered: 4/17/1997 Memorandum in Support
MEMORANDUM by Sheet Metal Workers in support of [31-1] motion by Sheet Metal Workers in Limine to limit evidence about Trustees' plan interpretation by Sheet Metal Workers (clerk)
 33 Filed: 4/16/1997, Entered: 4/17/1997 Notice of Hearing
NOTICE of Hearing: Motion Hearing set for 10:00 4/21/97 for [31-1] motion by Sheet Metal Workers in Limine to limit evidence about Trustees' plan interpretation (clerk)
 -- Filed: 4/17/1997, Entered: 4/17/1997 Docket Annotation
Jury waived, waiver to be submitted. (clerk)
 38 Filed: 4/17/1997, Entered: 4/21/1997 Remark
PRAECIPE withdrawing jury demand filed by plaintiff Walter W. Carlough, defendant Sheet Metal Workers (ltun)
 -- Filed: 4/18/1997, Entered: 4/18/1997 Exhibit
Exhibits received by Sheet Metal Workers, (2 boxes of binders, and 1 loose black binder) (clerk)
 -- Filed: 4/21/1997, Entered: 4/22/1997 Bench Trial - Held
Bench trial held: Judge Brinkema. Reporter: Thomson; appearances of parties and counsel; deft.'s mot. for reconsid. of denial of mot. for summ. judg. or for summ. judg. - denied; deft.'s mot. in limine re: trustee plan interpretation - argued and granted; pltf.'s request to w/draw ct. 2 - argued and granted, ct. 2 dism. w/prej.; pltf. to proceed w/atty. fees issue; rule on wit.'s; opening statements; pltf. adduced evidence and rested; deft.'s mot. for JMOL - argued and granted; Court to prepare order (clerk)
 -- Filed: 4/21/1997, Entered: 4/22/1997 Case Assigned/Reassigned
CASE assigned to Judge Leonie M. Brinkema (clerk)
 -- Filed: 4/21/1997, Entered: 4/22/1997 Terminated Case
Case closed, all pleadings (except for #'s 25 & 26) accounted for and in order (clerk)
 37 Filed: 4/21/1997, Entered: 4/21/1997 Proposed Findings of Fact
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Sheet Metal Workers (clerk)
 40 Filed: 4/21/1997, Entered: 4/22/1997 Memorandum in Opposition
MEMORANDUM by Walter W. Carlough in opposition to [34-1] motion by Sheet Metal Workers for Reconsideration of the 4/11/97 Order by Sheet Metal Workers (clerk)
 41 Filed: 4/21/1997, Entered: 4/22/1997 Proposed Findings of Fact
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Walter W. Carlough (clerk)
 43 Filed: 4/21/1997, Entered: 4/22/1997 Judgment Court Filing
JUDGMENT ORDER: pltf.'s oral mot. to dism. ct. 2 w/prej. granted, ct. 2 dism. w/prej.; deft.'s mot. for JMOL is granted, judg. for Sheet Metal Workers National Pension Fund on remaining claim, ct. 1, this action terminated - entered and filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
 -- Filed: 4/23/1997, Entered: 4/23/1997 Docket Annotation
LETTER re: ex.'s mailed to counsel of record (clerk)
 -- Filed: 4/23/1997, Entered: 4/23/1997 Docket Annotation
Defendant's(2 boxes of black 3-ring binders) and pltf.'s(one black 3-ring binder w/deft.'s ex. boxes) placed in closed ex. room(center of room on floor) (clerk)
 44 Filed: 4/30/1997, Entered: 4/30/1997 Transcript
TRANSCRIPT for dates of 4/21/97 (LMB) - filed. (clerk)
 45 Filed: 5/21/1997, Entered: 6/5/1997 Notice of Appeal
NOTICE OF APPEAL of Order of 4/21/97 by Walter W. Carlough . FILING FEE $ 105.00 RECEIPT # 114465 Copies sent to Walter W. Carlough, Sheet Metal Workers. Copy of Order, Notice, and docket sheets sent to USCA (clerk)
 -- Filed: 6/12/1997, Entered: 6/13/1997 USCA Case Number
USCA Case Number Re: [45-1] appeal by Walter W. Carlough CASE MANAGER: Donna Brown USCA NUMBER: 97-1766 (clerk)
 46 Filed: 7/22/1997, Entered: 7/24/1997 Order
Copy of USCA ORDER the parties have filed a stipulation of dismissal. The Corut dismisses this appeal with prejudice pursuant to Rule 42(b) of the FRAP, and each party shall bear their own respective costs and attorneys' fees associated with the trial and appeal. () (clerk)
 -- Filed: 7/31/1997, Entered: 7/31/1997 Docket Annotation
Defendant's exhibits returned in 2 boxes of black binders, 9 binders total (clerk)

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