ORDER. The court finds that the motion does not meet the standard required for reconsideration, and it DENIES Plaintiffs' Motion for Reconsideration 35 . Signed by Judge Karon O Bowdre on 1/5/2012. (FNC) (Entered: 01/05/2012)
MOTION for Reconsideration re 34 Order Transferring Case To Another District,, by Jimmy Ammons, Ruth Bailey, Edward Bearden, Kenneth Bearden, Kathy Benefield, Ronald Blackwell, Dennis Brandon, Sandra Brandon, Rodney Brothers, Connie Burgess, Kenneth Burt, Daniel Carter, Billy Cathey, John Steven Chambers, Melissa Cisco, Charles Coker, Douglas Combs, Billy Cook, James Crawford, Phyllis Craze, Alan Dalton, Mattie Davis, Roger Davis, Glenda Dupree, Leslie Durham, Walter Esloon, Randall Farmer, James Ferguson, Ralph Flynn, Rodney Foster, Nickey Gorham, Sheila Hammond, Pamula Harper, Herbert Head, Billy Holkem, Larry Ingle, Toney Ivey, Donald Jones, Robert Jones, David Lawman, Gary Medley, Rickey Medley, Mark Money, Randall Moore, Tony Nelson, Michael Norris, Guy Rice, William Richey, Charles Rogers, Gary Sarratt, Steven Shankles, Tommy Sibert, Rodney Simpson, Joyce Slaton, Michael Slaton, Chris Smith, Donna Smith, James Smith, Beecher Tanner, Jr, Ricky Teat, James Thomas, Daniel Thurman, Terry Wagner, Walter Watson, Danny White, Gary Whitmore, Rickey Wilborn, Tommy Womack, Roger Wooten, Eddie Wright, Timothy Wright. (Attachments: # 1 Exhibit A - Collective Bargaining Agreement, # 2 Exhibit B - Declaration of Jennifer Saltzmann)(Martin, David) (Entered: 12/30/2011)
ORDER TRANSFERRING CASE. For the reasons stated on the record of the hearing and summarized in this order, the court, in the exercise of its discretion, GRANTS motion 13, ORDERS that this case be transferred pursuant to 28 U.S.C. § 1404(a) to the Southern District of New York, and DIRECTS the Clerk of Court to effect that transfer. Electronic record will be electronically sent to Clerk of Court for the Southern District of New York in 10 business days from this date. Signed by Judge Karon O Bowdre on 12/22/2011. (FNC) (Entered: 12/22/2011)
Minute Entry for proceedings held before Judge Karon O Bowdre: Motion Hearing held on 12/21/2011 re 24 First MOTION to Strike 23 Reply to Response to Motion AND 13 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a). Written order to follow. (Court Reporter Chanetta Sinkfield.) (YMB) Modified on 12/21/2011 (FNC).
Brief re 32 MOTION for Judgment on the Pleadings Partial in Support of Plaintiffs' Motion for Partial Judgment on the Pleadings. (Martin, David) (Entered: 12/21/2011)
MOTION for Judgment on the Pleadings Partial by Jimmy Ammons, Ruth Bailey, Edward Bearden, Kenneth Bearden, Kathy Benefield, Ronald Blackwell, Dennis Brandon, Sandra Brandon, Rodney Brothers, Connie Burgess, Kenneth Burt, Daniel Carter, Billy Cathey, John Steven Chambers, Melissa Cisco, Charles Coker, Douglas Combs, Billy Cook, James Crawford, Phyllis Craze, Alan Dalton, Mattie Davis, Roger Davis, Glenda Dupree, Leslie Durham, Walter Esloon, Randall Farmer, James Ferguson, Ralph Flynn, Rodney Foster, Nickey Gorham, Sheila Hammond, Pamula Harper, Herbert Head, Billy Holkem, Larry Ingle, Toney Ivey, Donald Jones, Robert Jones, David Lawman, Gary Medley, Rickey Medley, Mark Money, Randall Moore, Tony Nelson, Michael Norris, Guy Rice, William Richey, Charles Rogers, Gary Sarratt, Steven Shankles, Tommy Sibert, Rodney Simpson, Joyce Slaton, Michael Slaton, Chris Smith, Donna Smith, James Smith, Beecher Tanner, Jr, Ricky Teat, James Thomas, Daniel Thurman, Terry Wagner, Walter Watson, Danny White, Gary Whitmore, Rickey Wilborn, Tommy Womack, Roger Wooten, Eddie Wright, Timothy Wright. (Attachments: # 1 Exhibit A - Plan SPD Part 1, # 2 Exhibit A - Plan SPD Part 2, # 3 Exhibit B - Plan Rules and Regulations Part 1, # 4 Exhibit B - Plan Rules and Regulations Part 2, # 5 Exhibit C - Plan Agreement and Declaration, # 6 Exhibit Plan Amendments)(Martin, David) (Entered: 12/20/2011)
MOTION to Strike 18 Answer to Amended Complaint Affirmative Defense of Exhaustion by Jimmy Ammons, Ruth Bailey, Edward Bearden, Kenneth Bearden, Kathy Benefield, Ronald Blackwell, Dennis Brandon, Sandra Brandon, Rodney Brothers, Connie Burgess, Kenneth Burt, Daniel Carter, Billy Cathey, John Steven Chambers, Melissa Cisco, Charles Coker, Douglas Combs, Billy Cook, James Crawford, Phyllis Craze, Alan Dalton, Mattie Davis, Roger Davis, Glenda Dupree, Leslie Durham, Walter Esloon, Randall Farmer, James Ferguson, Ralph Flynn, Rodney Foster, Nickey Gorham, Sheila Hammond, Pamula Harper, Herbert Head, Billy Holkem, Larry Ingle, Toney Ivey, Donald Jones, Robert Jones, David Lawman, Gary Medley, Rickey Medley, Mark Money, Randall Moore, Tony Nelson, Michael Norris, Guy Rice, William Richey, Charles Rogers, Gary Sarratt, Steven Shankles, Tommy Sibert, Rodney Simpson, Joyce Slaton, Michael Slaton, Chris Smith, Donna Smith, James Smith, Beecher Tanner, Jr, Ricky Teat, James Thomas, Daniel Thurman, Terry Wagner, Walter Watson, Danny White, Gary Whitmore, Rickey Wilborn, Tommy Womack, Roger Wooten, Eddie Wright, Timothy Wright. (Attachments: # 1 Exhibit A - Blackwell Reply Brief, # 2 Exhibit B - Moore Reply Brief, # 3 Exhibit C - Martinez Reply Brief)(Martin, David) (Entered: 12/20/2011)
ORDER granting 30 Motion to Appear Pro Hac Vice, admitting attorney Osvaldo Vazquez pro hac vice as co-counsel for Defendants The Bakery & Confectionery Union & Industry International Pension Fund, John Beck, & Bakery & Confectionery Union & Industry International Pension Fund Board of Trustees. Signed by Judge Karon O Bowdre on 12-20-11. (AMW, )
NOTICE of Hearing: The Hearing re 13 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) AND 24 First MOTION to Strike 23 Reply to Response to Motion, previously set for Wednesday, 12/21/2011 at 10:00 AM, is RESET for 10:30 AM, THAT SAME DATE, CR 5A, Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. (YMB)
MOTION for Leave to Appear Pro Hac Vice of Osvaldo Vazquez by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certification)(Whatley, Joe) (Entered: 12/16/2011)
NOTICE by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund of Recent Develpments (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Collins, Jeremiah) (Entered: 12/16/2011)
NOTICE of Appearance by Howard M Miles on behalf of Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund (Miles, Howard) (Entered: 12/15/2011)
NOTICE of Hearing on Motion 13 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a), 24 First MOTION to Strike 23 Reply to Response to Motion,First MOTION to Strike 23 Reply to Response to Motion,First MOTION to Strike 23 Reply to Response to Motion,First MOTION to Strike 23 Reply to Response to Motion,First MOTION to Strike 23 Reply to Response to Motion, : Motion Hearing set for 12/21/2011 10:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. (PRW) (Entered: 12/06/2011)
ORDER granting 26 Motion for Jeremiah A. Collins to Appear Pro Hac Vice. Counsel is advised that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Karon O Bowdre on 10/28/11. (JWT, )
MOTION for Leave to Appear Pro Hac Vice for Jeremiah Collins by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley, Joe) (Entered: 10/26/2011)
RESPONSE in Opposition re 24 First MOTION to Strike 23 Reply to Response to Motion,First MOTION to Strike 23 Reply to Response to Motion,First MOTION to Strike 23 Reply to Response to Motion,First MOTION to Strike 23 Reply to Response to Motion,First MOTION to Strike 23 Reply to Response to Motion, filed by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund. (Clark, Julia) (Entered: 10/25/2011)
First MOTION to Strike 23 Reply to Response to Motion, by Jimmy Ammons, Ruth Bailey, Edward Bearden, Kenneth Bearden, Kathy Benefield, Ronald Blackwell, Dennis Brandon, Sandra Brandon, Rodney Brothers, Connie Burgess, Kenneth Burt, Daniel Carter, Billy Cathey, John Steven Chambers, Melissa Cisco, Charles Coker, Douglas Combs, Billy Cook, James Crawford, Phyllis Craze, Alan Dalton, Mattie Davis, Roger Davis, Glenda Dupree, Leslie Durham, Walter Esloon, Randall Farmer, James Ferguson, Ralph Flynn, Rodney Foster, Nickey Gorham, Sheila Hammond, Pamula Harper, Herbert Head, Billy Holkem, Larry Ingle, Toney Ivey, Donald Jones, Robert Jones, David Lawman, Gary Medley, Rickey Medley, Mark Money, Randall Moore, Tony Nelson, Michael Norris, Guy Rice, William Richey, Charles Rogers, Gary Sarratt, Steven Shankles, Tommy Sibert, Rodney Simpson, Joyce Slaton, Michael Slaton, Chris Smith, Donna Smith, James Smith, Beecher Tanner, Jr, Ricky Teat, James Thomas, Daniel Thurman, Terry Wagner, Walter Watson, Danny White, Gary Whitmore, Rickey Wilborn, Tommy Womack, Roger Wooten, Eddie Wright, Timothy Wright. (Martin, David) (Entered: 10/24/2011)
REPLY to Response to Motion re 13 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) filed by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Second Declaration of John Beck, # 2 Exhibit 1)(Clark, Julia) (Entered: 10/21/2011)
NOTICE by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund re 13 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) Letter to Judge Bowdre regarding Motion to Transfer and attaching MDL Docket (Whatley, Joe) (Entered: 10/19/2011)
RESPONSE in Opposition re 13 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) filed by Jimmy Ammons, Ruth Bailey, Edward Bearden, Kenneth Bearden, Kathy Benefield, Ronald Blackwell, Dennis Brandon, Sandra Brandon, Rodney Brothers, Connie Burgess, Kenneth Burt, Daniel Carter, Billy Cathey, John Steven Chambers, Melissa Cisco, Charles Coker, Douglas Combs, Billy Cook, James Crawford, Phyllis Craze, Alan Dalton, Mattie Davis, Roger Davis, Glenda Dupree, Leslie Durham, Walter Esloon, Randall Farmer, James Ferguson, Ralph Flynn, Rodney Foster, Nickey Gorham, Sheila Hammond, Pamula Harper, Herbert Head, Billy Holkem, Larry Ingle, Toney Ivey, Donald Jones, Robert Jones, David Lawman, Gary Medley, Rickey Medley, Mark Money, Randall Moore, Tony Nelson, Michael Norris, Guy Rice, William Richey, Charles Rogers, Gary Sarratt, Steven Shankles, Tommy Sibert, Rodney Simpson, Joyce Slaton, Michael Slaton, Chris Smith, Donna Smith, James Smith, Beecher Tanner, Jr, Ricky Teat, James Thomas, Daniel Thurman, Terry Wagner, Walter Watson, Danny White, Gary Whitmore, Rickey Wilborn, Tommy Womack, Roger Wooten, Eddie Wright, Timothy Wright. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Martin, David) (Entered: 10/17/2011)
ORDER granting 19 Unopposed Motion to Continue Rule 26(f) Conference and Report Pending Ruling on Motion to Transfer. The court continues the requirement of the Rule 26(f) conference and the filing of the report until 2 weeks after the ruling on the pending Motion to Transfer. Signed by Judge Karon O Bowdre on 10-5-11. (JWT, )
MOTION to Continue Rule 26(f) Conference and Report Pending Ruling on Motion to Transfer by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund. (Clark, Julia) (Entered: 10/03/2011)
ANSWER to Amended Complaint by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund.(Clark, Julia) (Entered: 10/03/2011)
ORDER granting 17 Motion for Extension of Time for Plaintiffs to Respond to Defendants' Motion to Transfer Venue. Deadline for filing the response is extended to October 17, 2011. Signed by Judge Karon O Bowdre on 9/29/11. (JWT, )
MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) by Jimmy Ammons, Ruth Bailey, Edward Bearden, Kenneth Bearden, Kathy Benefield, Ronald Blackwell, Dennis Brandon, Sandra Brandon, Rodney Brothers, Connie Burgess, Kenneth Burt, Daniel Carter, Billy Cathey, John Steven Chambers, Melissa Cisco, Charles Coker, Douglas Combs, Billy Cook, James Crawford, Phyllis Craze, Alan Dalton, Mattie Davis, Roger Davis, Glenda Dupree, Leslie Durham, Walter Esloon, Randall Farmer, James Ferguson, Ralph Flynn, Rodney Foster, Nickey Gorham, Sheila Hammond, Pamula Harper, Herbert Head, Billy Holkem, Larry Ingle, Toney Ivey, Donald Jones, Robert Jones, David Lawman, Gary Medley, Rickey Medley, Mark Money, Randall Moore, Tony Nelson, Michael Norris, Guy Rice, William Richey, Charles Rogers, Gary Sarratt, Steven Shankles, Tommy Sibert, Rodney Simpson, Joyce Slaton, Michael Slaton, Chris Smith, Donna Smith, James Smith, Beecher Tanner, Jr, Ricky Teat, James Thomas, Daniel Thurman, Terry Wagner, Walter Watson, Danny White, Gary Whitmore, Rickey Wilborn, Tommy Womack, Roger Wooten, Eddie Wright, Timothy Wright. (Martin, David) (Entered: 09/28/2011)
ORDER TO SHOW CAUSE re: 13 . Plaintiffs are to show cause in writing on or before October 3, 2011 why this motion should not be granted. Signed by Judge Karon O Bowdre on 09/26/2011. (FNC) (Entered: 09/26/2011)
MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund. (Clark, Julia) (Entered: 09/23/2011)
AMENDED COMPLAINT against All Defendants, filed by James Smith, Leslie Durham, Rodney Simpson, James Thomas, Mattie Davis, Ronald Blackwell, Steven Shankles, Randall Farmer.(Martin, David) (Entered: 09/19/2011)
ORDER granting Plaintiffs' 10 Motion to Amend Complaint and Add Parties. The court acknowledges Defendants' response 11, stating that they do not oppose the amendment. The court REMINDS Plaintiffs to file the Amended Complaint on or before October 4, 2011, and points out to Plaintiffs that paragraph 89 of doc. 10-1 appears incomplete. Signed by Judge Karon O Bowdre on 9-19-11. (AMW, )
RESPONSE to Motion re 10 MOTION to Amend/Correct 1 Complaint, filed by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund. (Clark, Julia) (Entered: 09/12/2011)
MOTION to Amend/Correct 1 Complaint, by Ronald Blackwell, Mattie Davis, Leslie Durham, Randall Farmer, Steven Shankles, Rodney Simpson, James Smith, James Thomas. (Attachments: # 1 Exhibit A)(Martin, David) (Entered: 09/08/2011)
Attachment 1 MOTION to Amend/Correct 1 Complaint, by Ronald Blackwell, Mattie Davis, Leslie Durham, Randall Farmer, Steven Shankles, Rodney Simpson, James Smith, James Thomas. (Attachments: # 1 Exhibit A)(Martin, David) (Entered: 09/08/2011)
NOTICE by Ronald Blackwell, Mattie Davis, Leslie Durham, Randall Farmer, Steven Shankles, Rodney Simpson, James Smith, James Thomas re 5 Order of Compliance (Martin, David) (Entered: 09/02/2011)
ORDER denying [doc. 8] Motion to Amend Complaint and Add Parties, for failure to comply with the court's Initial Order [doc. 5, Section III.B., at 8-9]; however, the court grants Plaintiffs leave to re-file a motion complying with that Order, for the court's consideration. Signed by Judge Karon O Bowdre on 8-30-11. (AMW, )
MOTION to Amend/Correct 1 Complaint, and Add Parties by Ronald Blackwell, Mattie Davis, Leslie Durham, Randall Farmer, Steven Shankles, Rodney Simpson, James Smith, James Thomas. (Attachments: # 1 Exhibit A)(Martin, David) (Entered: 08/25/2011)
MOTION for Leave to Appear Pro Hac Vice for Julia Penny Clark by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley, Joe) (Entered: 08/24/2011)
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - ERISA CASES BEFORE JUDGE BOWDRE w/ attached Appendices I & II. Signed by Judge Karon O Bowdre on 8/19/11. (CTS, ) (Entered: 08/19/2011)
ANSWER to Complaint by Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund.(Whatley, Joe) (Entered: 08/19/2011)
SUMMONS Returned Executed Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees served on 7/28/2011, answer due 8/18/2011; John Beck served on 7/28/2011, answer due 8/18/2011; The Bakery and Confectionery Union and Industry International Pension Fund served on 7/28/2011, answer due 8/18/2011. (FNC) (Entered: 08/01/2011)
Summons Issued as to Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund, mailed cert mail, this date. (FNC) (Entered: 07/25/2011)
Request for service by certified mail filed by Ronald Blackwell, Mattie Davis, Leslie Durham, Randall Farmer, Steven Shankles, Rodney Simpson, James Smith, James Thomas, contained within the complaint. (FNC)
COMPLAINT against Bakery and Confectionery Union and Industry International Pension Fund Board of Trustees, John Beck, The Bakery and Confectionery Union and Industry International Pension Fund (Filing fee $ 350, rcpt #B4601025153), filed by James Smith, Leslie Durham, Rodney Simpson, James Thomas, Mattie Davis, Ronald Blackwell, Steven Shankles, Randall Farmer.(FNC) (Entered: 07/25/2011)
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