Admin Committee v. Hart
Federal Civil Lawsuit Illinois Central District Court, Case No. 4:03-cv-04001-JBM
District Judge Joe Billy McDade, presiding

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No Logo Administrative Committee of the Wal-Mart Stores Inc Associates Health and Welfare Plan, Plaintiff

Toggle Switch Represented by LAWRENCE & RUSSELL LLP

Name Phone Fax E-Mail
Space Thomas Humphrey Lawrence, III +1 901 844 4430 +1 901 844 4435 toml@lawrencerussell.com
Space John M Russell +1 901 844 4433 +1 901 844 4435 johnr@lawrencerussell.com
v.
No Logo Justin Hart, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Stacey E Lynch +1 312 326 5207
Office Rock Island
Filed 1/2/2003
Jury Demand None
Demand $0
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Rock Island
Terminated 4/25/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 03-2393[]
Def Custody Status
Flags 14, CLOSED
  Entries (44) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 40 Filed: 9/24/2003, Entered: 9/24/2003 USCA Mandate
MANDATE from USCA dismissing the appeal [36-1] (DK, ilcd)
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    Blank 39 Filed: 5/27/2003, Entered: 5/27/2003 USCA Notice of Docketing ROA
    Notification by USCA of Appellate Docket Number 03-2393 (DK, ilcd)
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      Blank 38 Filed: 5/20/2003, Entered: 5/20/2003 Short Record of Appeal Sent to USCA
      SHORT RECORD ON APPEAL sent to USCA (TP, ilcd)
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        Blank 37 Filed: 5/20/2003, Entered: 5/20/2003 USCA Appeal Fees
        Received appeal fee in amount of $ 105.00 ( Receipt # R1357) (TP, ilcd)
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          Blank 36 Filed: 5/20/2003, Entered: 5/20/2003, Terminated: 9/24/2003 Notice of Appeal
          NOTICE of APPEAL by plaintiff Admin Committee from Dist. Court decision [34-2] (cc: all counsel) (TP, ilcd)
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            Blank 35 Filed: 4/25/2003, Entered: 4/25/2003 Judgment*
            JUDGMENT in a civil case entered (cc: all counsel) (DK, ilcd)
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              Blank 34 Filed: 4/25/2003, Entered: 4/25/2003 OrderCourt Filing
              ORDER by Chief Judge Joe B. McDade. The Court finds that it does not have jurisdiction over the present matter and is granting Hart's motion for summary judgment [25-1] and granting Hart's motion for summary judgment [17-1]. Case is terminated. (cc: all counsel) (DK, ilcd)
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                Blank 33 Filed: 4/14/2003, Entered: 4/14/2003 ~Notice (other)
                NOTICE of New Decision by plaintiff Admin Committee (DK, ilcd)
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                  Blank -- Filed: 4/11/2003, Entered: 4/11/2003 Minutes-Miscellaneous
                  MINUTE-ENTRY: by Mag. Judge John A. Gorman. Court is granting the parties' motion to continue Rule 16 conference [32-1]. The Rule 16 conference on 4/16/03 is cancelled. It will be rescheduled, if necessary, following resolution of the pending cross-motions for summary judgment. (cc: all counsel) (DK, ilcd)
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                    Blank 32 Filed: 4/10/2003, Entered: 4/11/2003 Motion to Continue
                    MOTION by plaintiff Admin Committee, defendant Justin Hart to continue Rule 16 conference (DK, ilcd)
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                      Blank 31 Filed: 4/8/2003, Entered: 4/8/2003 ~Notice (other)
                      NOTICE of filing document # 30 by defendant Justin Hart (DK, ilcd)
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                        Blank 30 Filed: 4/8/2003, Entered: 4/8/2003 Reply to Response to Motion
                        REPLY by defendant Justin Hart to response to motion for summary judgment [17-1] (DK, ilcd)
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                          Blank 29 Filed: 3/25/2003, Entered: 3/25/2003 Reply to Response to Motion
                          REPLY by plaintiff Admin Committee to Defendant's response to Plaintiff's motion for summary judgment [15-1] (CAD, ilcd)
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                            Blank 28 Filed: 3/20/2003, Entered: 3/20/2003 Response to Motion
                            RESPONSE in Opposition by plaintiff Admin Committee to Defendant's motion for summary judgment [25-1] (as amended per LC) (HK, ilcd)
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                              Blank 27 Filed: 3/12/2003, Entered: 3/13/2003 Response to Motion
                              RESPONSE by defendant Justin Hart to Plaintiff's motion for summary judgment [15-1] (CAD, ilcd)
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                                Blank 26 Filed: 3/10/2003, Entered: 3/10/2003 Response
                                RESPONSE by plaintiff Admin Committee to Defendant's Brief on Appellate Jurisdiction [18-1] (HK, ilcd)
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                                  Blank 25 Filed: 3/10/2003, Entered: 3/10/2003, Terminated: 4/25/2003 Motion for Summary Judgment
                                  AMENDED MOTION by defendant Justin Hart for summary judgment (HK, ilcd)
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                                    Blank 24 Filed: 2/25/2003, Entered: 2/25/2003 Letter
                                    LETTER to Court from Atty Russell with copy of decision in Administrative Committee v. Hummell, Case No. 02 C 5691 (N.D.Ill. 2003) (SH, ilcd)
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                                      Blank 22 Filed: 2/24/2003, Entered: 2/24/2003 ~Notice (other)
                                      NOTICE OF FILING ORIGINAL AFFIDAVIT OF CHRISTY HERBAUGH by plaintiff Admin Committee, filed with original affidavit of Christy Herbaugh attached (ML, ilcd) Modified on 02/24/2003
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                                        Blank 21 Filed: 2/21/2003, Entered: 2/24/2003 Response - Miscellaneous
                                        OBJECTIONS filed in letter form with attached exhibits by plaintiff Admin Committee to defendant's brief [18-1] (ML, ilcd)
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                                          Blank -- Filed: 2/21/2003, Entered: 2/25/2003 Minutes-Miscellaneous
                                          MINUTE-ENTRY: by Chief Judge Joe B. McDade. On February 10, 2003, the Court issued a temporary restraining order and a preliminary injunction in this matter. The Court also provided that to expedite this matter all future filings were to be directed to the Clerk of the Court in Peoria, IL, instead of Rock Island, IL, which was where this matter was filed. The Court did not, however, grant any other variations in the filing method prescribed by the Federal Rules of Civil Procedure or the Local Rules. On February 20, 2003, Plaintiff sent a letter to Chambers via Federal Express. This is not an acceptable or appropriate filing method. In this one instance, the Court has directed the Clerk of the Court to file this letter. Any future submissions via this method will be returned to the sender and other appropriate measures taken. Parties may send courtesy copies - though the Court does not require or request them - directly to the Court if that party deems it to be of the utmost necessity. (cc: all counsel) (ML, ilcd)
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                                            Blank 20 Filed: 2/18/2003, Entered: 2/19/2003 LetterCourt Filing
                                            LETTER to Chief Judge McDade from Atty Stacey Lynch dated 2/13/3 re:attached CA7 order re:02-4053 (HK, ilcd)
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                                              Blank 19 Filed: 2/18/2003, Entered: 2/18/2003 ~Notice (other)
                                              NOTICE OF FILING documents # 17 and 18 by defendant Justin Hart (DK, ilcd)
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                                                Blank 18 Filed: 2/18/2003, Entered: 2/18/2003 Miscellaneous Document
                                                BRIEF RE: APPELLATE JURISDICTION FILED by defendant Justin Hart (DK, ilcd)
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                                                  Blank 17 Filed: 2/18/2003, Entered: 2/18/2003, Terminated: 4/25/2003 Motion for Summary Judgment
                                                  MOTION by defendant Justin Hart for summary judgment (DK, ilcd)
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                                                    Blank 16 Filed: 2/18/2003, Entered: 2/18/2003 Memorandum in Support of Motion
                                                    MEMORANDUM IN SUPPORT of motion for summary judgment [15-1] by plaintiff Admin Committee (DK, ilcd)
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                                                      Blank 15 Filed: 2/18/2003, Entered: 2/18/2003, Terminated: 4/25/2003 Motion for Summary Judgment
                                                      MOTION by plaintiff Admin Committee for summary judgment (DK, ilcd)
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                                                        Blank 14 Filed: 2/14/2003, Entered: 2/14/2003 ~Notice (other)
                                                        NOTICE of filing document #13 by defendant Justin Hart (DK, ilcd)
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                                                          Blank 13 Filed: 2/14/2003, Entered: 2/14/2003 Answer
                                                          ANSWER/AFFIRMATIVE DEFENSES by defendant Justin Hart (DK, ilcd)
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                                                            Blank 12 Filed: 2/13/2003, Entered: 2/13/2003 Bond
                                                            SECURITY BOND in amount of $75,000.00 filed by plaintiff Admin Committee (HK, ilcd)
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                                                              Blank 11 Filed: 2/13/2003, Entered: 2/13/2003 Miscellaneous Document
                                                              MEMORANDUM BRIEF FILED by plaintiff Admin Committee regarding lack of Res Judicata Effect of Prior Remand Order (HK, ilcd)
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                                                                Blank 10 Filed: 2/10/2003, Entered: 2/10/2003 Temporary Restraining OrderCourt Filing
                                                                TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Chief Judge Joe B. McDade (cc: all counsel) (DK, ilcd)
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                                                                  Blank 9 Filed: 2/10/2003, Entered: 2/10/2003 Response to Motion
                                                                  RESPONSE by defendant Justin Hart to motion for temporary restraining order [6-1] and motion for preliminary injunction [6-2] (SH, ilcd)
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                                                                    Blank 8 Filed: 2/10/2003, Entered: 2/10/2003 Notice of Appearance of Attorney
                                                                    ATTORNEY APPEARANCE of Stacey E. Lynch for defendant Justin Hart (CC, ilcd)
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                                                                      Blank -- Filed: 2/10/2003, Entered: 2/10/2003 Minutes-Miscellaneous
                                                                      MINUTE-ENTRY: by Chief Judge Joe B. McDade. Parties present in open court by Attys Russell and Atty Lynch for hearing on motion for temporary restraining order/preliminary injunction. Arguments by counsel. Court is granting motion for temporary restraining order [6-1] and granting motion for preliminary injunction [6-2]. Order to enter. Parties are to brief the issue of prior law by the miscellaneous deadline of 2/18/03 . Parties to file an expediated motion for summary judgment by the motion filing deadline of 2/18/03 . Response and reply due in accordance with Local Rules. (cc: all counsel) (DK, ilcd)
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                                                                        Blank -- Filed: 2/6/2003, Entered: 2/6/2003 Minutes-Miscellaneous
                                                                        MINUTE-ENTRY: by Chief Judge Joe B. McDade. Court is setting the motion for temporary restraining order [6-1] and motion for preliminary injunction [6-2] for a MOTION HEARING at 11:00 on Monday, 2/10/03 in person in PEORIA.(cc: all counsel) (DK, ilcd)
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                                                                          Blank 7 Filed: 2/3/2003, Entered: 2/3/2003 Memorandum in Support of Motion
                                                                          MEMORANDUM IN SUPPORT of motion for temporary restraining order [6-1], of motion for preliminary injunction [6-2] by plaintiff Admin Committee (DK, ilcd)
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                                                                            Blank 6 Filed: 2/3/2003, Entered: 2/3/2003, Terminated: 2/10/2003 Motion for TRO
                                                                            MOTION by plaintiff Admin Committee for temporary restraining order , and for preliminary injunction (DK, ilcd)
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                                                                              Blank 5 Filed: 2/3/2003, Entered: 2/3/2003 Amended Complaint
                                                                              AMENDED COMPLAINT by plaintiff Admin Committee [1-1] (DK, ilcd)
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                                                                                Blank 4 Filed: 1/28/2003, Entered: 1/28/2003 Service - Miscellaneous
                                                                                RETURN OF SERVICE executed upon defendant Justin Hart on 1/21/03 by serving Randy Hart (father) (RK, ilcd)
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                                                                                  Blank 3 Filed: 1/15/2003, Entered: 1/15/2003 Summons Issued
                                                                                  SUMMONS issued as to all defendants and returned to plaintiff's attorney (AP, ilcd)
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                                                                                    Blank -- Filed: 1/9/2003, Entered: 1/9/2003 Minutes-Miscellaneous
                                                                                    MINUTE-ENTRY: by Mag. Judge John A. Gorman. Court is setting this case for Rule 16 conference at 1:00 on Wed., 4/16/03 in person in Rock Island. Plaintiff is to notify defendant of this hearing. See Memo. (cc: all counsel) (DK, ilcd)
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                                                                                      Blank 2 Filed: 1/3/2003, Entered: 1/3/2003 Filing Fee Received
                                                                                      FILING FEE PAID on 1/2/03 in the amount of $ 150.00 receipt # R1114. (DK, ilcd)
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                                                                                        Blank 1 Filed: 1/2/2003, Entered: 1/3/2003 ComplaintCourt Filing
                                                                                        COMPLAINT (no summons(es) issued) case referred to Mag. Judge John A. Gorman (DK, ilcd)
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