RESPONSE in Opposition re: 73 MOTION to Stay Judgment Without Requiring Filing of Supersedeas Bond.. Document filed by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit 1 - Notice, # 2 Exhibit 2 - Certification)(Sinclair, Thomas) (Entered: 12/10/2012)
NOTICE OF INTERLOCUTORY APPEAL from 72 Order,,,,,. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. Filing fee $ 455.00, receipt number 0208-8031849. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Collins, Jeremiah) (Entered: 12/04/2012)
MEMORANDUM OF LAW in Support re: 73 MOTION to Stay Judgment Without Requiring Filing of Supersedeas Bond.. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Attachments: # 1 Declaration of Robert J. Bergin, # 2 Declaration of Howard Rog)(Collins, Jeremiah) (Entered: 11/26/2012)
MOTION to Stay Judgment Without Requiring Filing of Supersedeas Bond. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner.(Collins, Jeremiah) (Entered: 11/26/2012)
ORDER AND JUDGMENT PURSUANT TO FED. R. CIV. P. 54(b) AS TO CERTAIN CLAIMS: The Court therefore finds, orders and adjudges and follows The Rule 54(b) judgment be entered will finally decide and ultimately dispose of one claim- the Anti Cutback Claim-that is asserted by the Plaintiff or Plaintiffs in each of the related cases. See Curtiss Wright Corp. v. General Electric. Co. 446 U.S., 1,7 (1980). The remaining claims would not be resolved solely by reason of judgment in favor of Plaintiffs as to Count 1.See Ginnett v. Computer Task Group, Inc., 962 F 2d 1085, 1095-96 (2d Cir. 1992. There is no just reason for delay in the entry of final judgment on the pleadings as to Court 1 of each of the Related cases. The remaining claims in each of the Related Cases involve independent issues. Moreover, the parties agree that the Anti Cutback Claim as asserted in Count 1 of the respective complaints and which the Court resolved in the Decision is the central issue in the Related Cases. The Clerk of the Court is accordingly directed to enter final judgment in favor of the Plaintiffs as to Count 1 of each of the Related Cases pursuant to Rule 54(b). The judgment in each in each case (i) shall include a declaration that the July 2010 Amendment violated section 204 (g)of ERISA and thus may not be enforced as set forth in this order. (Signed by Judge Vincent L. Briccetti on 11/14/2012) (rj) (Entered: 11/16/2012)
MEMORANDUM DECISION granting 49 Motion for Judgment on the Pleadings; denying 66 Motion for Judgment on the Pleadings.For the foregoing reasons, plaintiffs motions for judgment on the pleadings are GRANTED and defendants motion are DENIED. The Court will hold a telephone status conference in this case on June 27, 2012, at 9:30 a.m. to address any next steps in this case. If the parties believe this case can be closed without any further discussion, they should so notify the Court in writing. If the parties have different understandings about the posture of this case, especially in light of the fact that the Court has not addressed certain plaintiffs state law claims, the Court will hold the conference to determine the best course of action going forward. Counsel for the Alcantara plaintiffs is instructed to arrange all counsel on the line and then call the Court at (914) 390-4261. The Clerk is instructed to terminate the pending motions. (Case No. 11 CV 1471, Docs. #32, 36, 49, 51; Case No. 11 CV 9203, Doc. #41; Case No. 12 CV 141, Docs. #32, 46, 54; CaseNo. 12 CV 142, Docs. #28, 49, 66; Case No. 12 CV 913, Docs. #43, 49.). (Signed by Judge Vincent L. Briccetti on 6/6/2012) (rj) (Entered: 06/07/2012)
ORDER granting 53 Motion for Wilson Daniel Miles III to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 5/11/2012) (rj) (Entered: 05/14/2012)
RESPONSE in Opposition re: 66 CROSS MOTION for Judgment on the Pleadings.. Document filed by Terry Wayne Finch, Phillip G Scott. (Williams, Miles) (Entered: 04/20/2012)
ORDER granting 65 Motion for M. Clayborn William to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 4/17/2012) (rj) (Entered: 04/17/2012)
MEMORANDUM OF LAW in Support re: 66 CROSS MOTION for Judgment on the Pleadings.. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Collins, Jeremiah) (Entered: 04/13/2012)
CROSS MOTION for Judgment on the Pleadings. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner.(Collins, Jeremiah) (Entered: 04/13/2012)
MOTION for M. Clayborn William to Appear Pro Hac Vice.$200.00 Fee Paid Receipt # 465407003052. Document filed by Terry Wayne Finch, Phillip G Scott.(rj) (Entered: 04/11/2012)
ORDER granting 57 Motion for Jeremiah A. Collins to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 3/29/2012) (rj) (Entered: 03/29/2012)
REPLY MEMORANDUM OF LAW in Support re: 49 MOTION for Judgment on the Pleadings.. Document filed by Terry Wayne Finch, Phillip G Scott. (Sinclair, Thomas) (Entered: 03/09/2012)
Letter addressed to Judge Vincent L. Briccetti from Jeremiah A. Collins dated 2/29/2012 re: Defendants believe that the issues in all of these cases are questions of law to be decided without the need for discovery. Defendants therefore have filed a motion to dismiss in the Consolidated Action, which has been fully briefed, and defendants will file motions to dismiss in each of the other cases as well. Defendants intend to file those motions shortly after the Court has ruled on the question of consolidation and on the Martinez plaintiffs' motion for leave to amend their complaint. (rj) (Entered: 03/09/2012)
REPLY to Response to Motion re: 28 Plaintiffs' Response to Alcantara/Schol Counsel's Request for Permission to Appear and/or Intervene for the Limited Purpose of Opposing Class Certification. Document filed by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit A - Pltff 3-7-12 ltr)(Sinclair, Thomas) (Entered: 03/07/2012)
MEMORANDUM OF LAW in Opposition re: 49 MOTION for Judgment on the Pleadings.. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (McConnell, Patricia) (Entered: 03/02/2012)
RESPONSE to Motion re: 28 Scott Plaintiffs' Motion for Class Certification. Document filed by Plaintiffs' Interim Lead Counsel in Alcantara and Schol. (Attachments: # 1 Exhibit A)(Kekatos, Diogenes) (Entered: 02/29/2012)
RESPONSE to Motion re: 28 Defendants' Response to Plaintiffs' Motion for Class Certification. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (McConnell, Patricia) (Entered: 02/29/2012)
MOTION for Jeremiah A. Collins to Appear Pro Hac Vice. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner.(pgu) (Entered: 02/17/2012)
REVISED SCHEDULING ORDER:IT IS HEREBY ORDERED that the Defendants' motion is GRANTED and that the time for Defendants to file an Opposition to Plaintiffs' Motion for Partial Judgment on the Pleadings is hereby extended from February 17, 2012 to March 2, 2012. Plaintiffs' Reply in Support of the motion shall be filed by no later than March 9, 2012. Responses due by 3/2/2012 Replies due by 3/9/2012. (Signed by Judge Vincent L. Briccetti on 2/14/2012) (rj) (Entered: 02/15/2012)
ORDER granting 54 Motion for Extension of Time. ENDORSEMENT: IT IS HEREBY ORDERED that the Defendants' motion is GRANTED and that the time for Defendants to file an Opposition to Plaintiffs' Motion for Partial Judgment on the Pleadings is hereby extended from February 17, 2012 to March 2, 2012. Plaintiffs' Reply in Support of the motion shall be filed by no later than March 9, 2012. (Signed by Judge Vincent L. Briccetti on 2/14/2012) (rj) (Entered: 02/15/2012)
CONSENT MOTION for Extension of Time. Document filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Attachments: # 1 Text of Proposed Order [Proposed] Revised Scheduling Order)(McConnell, Patricia) (Entered: 02/10/2012)
MOTION for Wilson Daniel Miles III to Appear Pro Hac Vice. Document filed by Terry Wayne Finch, Phillip G Scott.(pgu) (Additional attachment(s) added on 5/3/2012: # 1 Service, # 2 Certificate of Good Standing, # 3 Proposed Order) (fk). (Entered: 02/10/2012)
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Thomas O. Sinclair dated 2/7/2012 re: Plaintiff respectfully request clarification as to the status of their Motion for Class certification previously filed in this case before Judge Bowdre. ENDORSEMENT: The Clerk is instructed to reactivate the pending motion for class certification (Doc.# 28). Defendant shall file their opposition, if any, to the motion by no later than 2/29/12. Plaintiff's reply shall be filed by 37/2012., ( Responses due by 2/29/2012, Replies due by 3/7/2012.) (Signed by Judge Vincent L. Briccetti on 2/9/2012) (rj) (Entered: 02/09/2012)
MEMORANDUM OF LAW in Support re: 49 MOTION for Judgment on the Pleadings.. Document filed by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Errata A part 3, # 4 Exhibit B)(Sinclair, Thomas) (Entered: 02/06/2012)
Letter addressed to Judge Vincent L. Briccetti from Thomas O. Sinclair dated 1/31/2012 re: As one of the counsel representing the Plaintiffs in the recently transferred Scott action, I wish to address briefly the question of consolidation raised in yesterday's correspondence to the Court. Document filed by Joseph Altamore, Michael D'Antonio, Brian K. Fowler, Sr., Phillip Rogers, Donald Scrogham, Guy Stalter, Vasilichia Babu, Khim Chand, Angel De La Cruz, Rathin Dutta Gupta, Tesfaye Ghebremedhin, Alonso Gomez, Celestino Juarez, Kenneth Kern, Luis Mejia, Melvin Menard, Antonio Merolla, Rolando Montano, Russell Neubert, Tagliareni Salvatore, Musovic Smail, Juan F. Torres.Filed In Associated Cases: 7:11-cv-01471-VB, 7:11-cv-04080-VB (rj) (Entered: 02/06/2012)
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Derek W. Loeser, Julia P. Clark dated 1/30/2012 re: The Parties respectfully request that the Court resolve Interim Lead Plaintiffs' pending motion for class certification. ENDORSEMENT: These matters are all before the Court as related cases. I In addition, Alcantara and Schol have been consolidated. The Court recently requested counsel for plaintiffs in the Alcantara provide an update to the Court as to the status of these cases. The Court has received a joint letter dated January 30, 2012, from counsel for plaintiffs and defendants in the consolidated Alcanatara and Schol matters (" Alcantara letter"), and a letter dated January 31, 2012, from plaintiffs' counsel in the Scott matter ("Scott letter"). Currently in the Alcantara matter, there are pending an unopposed motion for class certification and defendants' motion to dismiss. The Alcantara letter indicates there have been motions pending in the Blackwell and Scott matters before they were transferred. There are no motions now pending in these cases before this Court. The Alcantara letter requests that the Court hold the pending motion to dismiss in abeyance, resolve the motion for class certification, and hold a conference to address case consolidation and other case management issues. The Scott letter indicates counsel's concern with consolidation of these matters given the differences in the two proposed classes. The Court will hold an in-person case management conference in this matter on March 12, 2012, at 10:00 a.m. Counsel located outside the New York metropolitan area may request permission to appear by telephone. By no later than March 7, each party -or jointly, if appropriate -shall send a letter to the Court apprising the Court of its position on consolidation or coordination of these cases in light of Scott's counsel's concerns about the different pensions at issue. The letters should also address the likelihood of any motions being filed prior to discovery that have not already been filed., ( Case Management Conference set for 3/12/2012 at 10:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 2/3/2012) (rj) (Entered: 02/06/2012)
NOTICE of Notice of Filing of Plaintiffs' Motion for Partial Judgment on the Pleadings re: 46 MOTION for Judgment on the Pleadings.. Document filed by Terry Wayne Finch, Phillip G Scott. (Sinclair, Thomas) (Entered: 02/03/2012)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Judgment on the Pleadings. Document filed by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit Plaintiffs Complaint with as filed Exhibits of Relevant Plan Documents, # 2 Exhibit Pensions Answer to the Complaint)(Sinclair, Thomas) Modified on 2/6/2012 (db). (Entered: 02/03/2012)
MOTION for Thomas O. Sinclair to Appear Pro Hac Vice. $200.00 fee paid, receipt# 465407002485. Document filed by Terry Wayne Finch, Phillip G Scott.(rj) (Entered: 01/31/2012)
CASE TRANSFERRED IN from the United States District Court - District of Alabama Northern; Case Number: 1:11-cv-03146. Original file certified copy of transfer order and docket entries received. (mml) (Entered: 01/18/2012)
ORDER TRANSFERRING CASE. For the reasons stated on the record of the hearing and summarized herein, the court, in the exercise of its discretion, GRANTS motion 11 , 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 submitted to Clerk of Court for the Southern District of New York 10 business days from this date. Signed by Judge Karon O Bowdre on 12/22/2011. (FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 12/22/2011)
NOTICE by Terry Wayne Finch, Phillip G Scott Of JPML's Order Entered This Morning Scheduling A Hearing For January 26, 2012 On Transfer And Consolidation (Attachments: # 1 Exhibit JPML Order)(Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 12/21/2011)
MOTION for Leave to Appear Pro Hac Vice of Osvaldo Vazquez by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certification)(Whatley, Joe) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 12/16/2011)
NOTICE by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner of Recent Developments (Attachments: # 1 Exhibit 1)(Collins, Jeremiah) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 12/16/2011)
NOTICE of Appearance by Howard M Miles on behalf of Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner (Miles, Howard) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 12/15/2011)
NOTICE by Terry Wayne Finch, Phillip G Scott of Recent Developments (Attachments: # 1 Exhibit A - JPML Pldg)(Sinclair, Thomas) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 12/14/2011)
NOTICE of Hearing on Motion 11 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a), 16 MOTION to Stay Further Proceedings Pending the Disposition of Plaintiffs' Motion for Coordination and Consolidation Before the JPML : Motion Hearing set for 12/21/2011 10:00 AM in Courtroom 5-A, Hugo L Black US Courthouse, Birmingham, AL before Judge Karon O Bowdre. (PRW) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 12/06/2011)
RESPONSE to re 33 filed by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit 1 - JPML Order)(Sinclair, Thomas) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 11/15/2011)
NOTICE by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner re 18 Response in Opposition to Motion, of Supplemental Authority (Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 11/09/2011)
Joint MOTION to Continue Rule 26(f) Conference and Report by Terry Wayne Finch, Phillip G Scott. (Sinclair, Thomas) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 11/03/2011)
RESPONSE in Opposition re 30 MOTION to Hold Plaintiffs' Motion for Class Certification in Abeyance Pending Decision on Defendants' Motion to Transfer filed by Terry Wayne Finch, Phillip G Scott. (Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 11/01/2011)
MOTION to Hold Plaintiffs' Motion for Class Certification in Abeyance Pending Decision on Defendants' Motion to Transfer by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/28/2011)
MOTION to Certify Class by Terry Wayne Finch, Phillip G Scott. (Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] Modified on 2/9/2012 (rj). (Entered: 10/27/2011)
RESPONSE to re 25 filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/27/2011)
MOTION for Leave to Appear Pro Hac Vice for Jeremiah Collins by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley, Joe) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/26/2011)
NOTICE by Terry Wayne Finch, Phillip G Scott of Additional Recent Development in the Alcantara Matter Further Illustrating Why the Pension Fund's Venue Motion Should Be Denied (Attachments: # 1 Exhibit 1 - Alcantara Motion)(Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/26/2011)
RESPONSE to Motion re 21 MOTION for Leave to File Sur-Reply in Opposition to the Defendants' Motion for Transfer of Venue filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Attachments: # 1 Moore Complaint, # 2 Martinez Complaint, # 3 Martin to Beck Letters)(Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/25/2011)
MOTION for Leave to File Corrected Reply in Support of Motion for Stay by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit Corrected Reply in Support of Motion for Stay, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/24/2011)
REPLY to Response to Motion re 16 MOTION to Stay Further Proceedings Pending the Disposition of Plaintiffs' Motion for Coordination and Consolidation Before the JPML filed by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Williams, Miles) Document 23-1 through 23-5 SUBSTITUTED FOR 22 Modified on 10/25/2011 (FNC). [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/21/2011)
MOTION for Leave to File Sur-Reply in Opposition to the Defendants' Motion for Transfer of Venue by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit Sur-Reply)(Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/21/2011)
NOTICE by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner re 18 Response in Opposition to Motion, Letter to Judge Bowdre regarding Motion to Stay and attaching MDL Docket (Whatley, Joe) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/19/2011)
REPLY to Response to Motion re 11 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 Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/19/2011)
RESPONSE in Opposition re 16 MOTION to Stay Further Proceedings Pending the Disposition of Plaintiffs' Motion for Coordination and Consolidation Before the JPML filed by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/18/2011)
RESPONSE in Opposition re 11 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) filed by Terry Wayne Finch, Phillip G Scott. (Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/13/2011)
MOTION to Stay Further Proceedings Pending the Disposition of Plaintiffs' Motion for Coordination and Consolidation Before the JPML by Terry Wayne Finch, Phillip G Scott. (Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/13/2011)
NOTICE by Terry Wayne Finch, Phillip G Scott of Filing Plaintiffs' Motion for Transfer to the N.D. Ala. for Coordinated or Consolidated Proceedings Before the JPML (Attachments: # 1 Exhibit 1 - JPML Filing)(Williams, Miles) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 10/13/2011)
ORDER TO SHOW CAUSE re: 11 . Plaintiffs are to show cause in writing on or before October 13, 2011 why this motion should not be granted. Signed by Judge Karon O Bowdre on 09/29/2011. (FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/29/2011)
NOTICE by Terry Wayne Finch, Phillip G Scott of OPPOSITION re 11 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) (Williams, Miles) Modified on 9/28/2011 (FNC). [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/27/2011)
Brief re 11 MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a). (Attachments: # 1 Index of Exhibits, # 2 Declaration of John Beck, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/27/2011)
MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/27/2011)
MOTION for Discovery by Terry Wayne Finch, Phillip G Scott. (Attachments: # 1 Exhibit Ex 1 Memorandum, # 2 Exhibit Ex 2 Beck Dec, # 3 Exhibit Ex 3 Sinclair Dec, # 4 Exhibit Ex 4 Discovery)(Sinclair, Thomas) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/27/2011)
MOTION for Leave to Appear Pro Hac Vice of Julia Penny Clark by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. (Attachments: # 1 Exhibit A - Cert of Good Standing, # 2 Exhibit B - Certification)(Whatley, Joe) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/27/2011)
INITIAL ORDER Governing All Further Proceedings - ERISA Cases Before Judge Bowdre, reminding parties of their obligations under Federal Rule of CivilProcedure 26(f) and Local Rule LR26.1(d) - with appendices attached. Signed by Judge Karon O Bowdre on 09/26/2011. (FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/26/2011)
ANSWER to Complaint by Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner.(Clark, Julia) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/23/2011)
SUMMONS Returned Executed Jon McPherson served on 9/2/2011, answer due 9/23/2011. (FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/09/2011)
SUMMONS Returned Executed Robert Oakley served on 9/2/2011, answer due 9/23/2011. (FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/08/2011)
SUMMONS Returned Executed Bakery and Confectionary Union and Industry International Pension Fund served on 9/2/2011, answer due 9/23/2011; Steven Bertelli served on 9/2/2011, answer due 9/23/2011; Richard B Cook served on 9/2/2011, answer due 9/23/2011; Dan Craig served on 9/2/2011, answer due 9/23/2011; David B Durkee served on 9/2/2011, answer due 9/23/2011; Frank Hurt served on 9/2/2011, answer due 9/23/2011; Anthony Johnson served on 9/2/2011, answer due 9/23/2011; Thomas Kirchner served on 9/2/2011, answer due 9/23/2011; Lou Minella served on 9/2/2011, answer due 9/23/2011; Art Montminy served on 9/2/2011, answer due 9/23/2011; Randy D Roark served on 9/2/2011, answer due 9/23/2011; Joseph Thibideau served on 9/2/2011, answer due 9/23/2011; John Wagner served on 9/2/2011, answer due 9/23/2011. (FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 09/06/2011)
Summons Issued as to Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner. Mailed certified mail, this date. (FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 08/31/2011)
Request for service by certified mail filed by Terry Wayne Finch, Phillip G Scott. (FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 08/31/2011)
COMPLAINT against Bakery and Confectionary Union and Industry International Pension Fund, Steven Bertelli, Richard B Cook, Dan Craig, David B Durkee, Frank Hurt, Anthony Johnson, Thomas Kirchner, Jon McPherson, Lou Minella, Art Montminy, Robert Oakley, Randy D Roark, Joseph Thibideau, John Wagner (Filing fee $ 350, rcpt #B4601026194), filed by Phillip G Scott, Terry Wayne Finch. (Attachments: # 1 Exhibit 1, part 1, # 2 Exhibit 1, part 2, # 3 Exhibit 2, part 1, # 4 Exhibit 2, part 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(FNC) [Transferred from Alabama Northern on 1/18/2012.] (Entered: 08/31/2011)
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