MYERS v. MEIJER, INC.

Federal Civil Lawsuit Pennsylvania Western District Court, Case No. 3:12-cv-00156
District Judge Kim R. Gibson, presiding
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District Judge Kim R. Gibson
Last Updated January 19, 2019 at 11:59 PM EST (6.8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo RUTH A. MYERS, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 09/07/2012, LEAD ATTORNEY James A. Naddeo +1 814 765 1601 +1 814 765 8142 naddeolaw@verizon.net

Represented by Spence Custer Saylor Wolfe & Rose, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ronald P. Carnevali, Jr. +1 814 536 0735 rcarnevali@spencecuster.com
v.
Meijer, Inc. Meijer, Inc., Defendant

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Eric Peter Mathisen +1 219 242 8666 +1 219 242 8669 eric.mathisen@ogletree.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Peter D. Post +1 412 394 3343 +1 412 232 1799 peter.post@ogletreedeakins.com
Attributes
Citation Section 29 U.S.C. § 1001
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
  Entries (23) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 23 Filed: 2/19/2013, Entered: None Unknown Document TypeCourt Filing
ORDER re 22 Stipulation of Dismissal filed by RUTH A. MYERS - it is hereby Ordered and Decreed that this case is ended, settled and forever discontinued with prejudice with each party bearing its own costs and attorney's fees. Signed by Judge Kim R. Gibson on 2/19/2013. (dlg) (Entered: 02/19/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 2/18/2013, Entered: None Unknown Document Type
STIPULATION of Dismissal by RUTH A. MYERS. (Parrish, Michael) (Entered: 02/18/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 11/29/2012, Entered: None Unknown Document TypeCourt Filing
ORDER - upon the Court having been advised that this case has been resolved and the only matters remaining to be completed are the payment of the settlement proceeds, if any, and the submission of a stipulation for dismissal under Fed.R.Civ.P. 41(a), and it appearing that there is no further action required by the court at this time, IT IS HEREBY ORDERED that the Clerk mark the above-captioned case closed; that nothing contained in this Order shall be considered a dismissal or disposition of this action, and, that should further proceedings therein become necessary or desirable, either party may initiate them in the same manner as if the Order had not been entered, and, IT IS FURTHER ORDERED that the Court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement. Signed by Judge Kim R. Gibson on 11/29/2012. (dlg) (Entered: 11/29/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 11/21/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 19 Motion to Modify Initial Scheduling Order. Any motion for change of venue shall be filed on or before 12/5/2012. Signed by Judge Kim R. Gibson on 11/21/2012. (dlg) (Entered: 11/21/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 11/20/2012, Entered: None Unknown Document Type
Consent MOTION to Modify 17 Case Management Order by MEIJER, INC. (Attachments: # 1 Proposed Order) (Mathisen, Eric) Modified on 11/21/2012. (cel) (Entered: 11/20/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 11/5/2012, Entered: None Unknown Document TypeCourt Filing
ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION - Mediation. Harry M. Paras is appointed as mediator. The ADR Conference shall be concluded before 1/1/2013, unless extended by Order of the Court. It is the responsibility of counsel to insure that notice of the date, time and location of the mediation has been electronically filed with the court on or before 12/1/2012, and as more fully stated in said Order Referring Case to ADR. Signed by Judge Kim R. Gibson on 11/5/2012. (dlg) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 11/5/2012, Entered: None Unknown Document TypeCourt Filing
INITIAL SCHEDULING ORDER: Defendant shall file any Motion for Change of Venue on or before 11/21/2012. Any Response to the Motion for Change of Venue shall be filed on or before 12/21/2012. Any post-disclosure fact discovery shall be completed on or before 12/15/2012. The Parties shall file any dispositive Motions on or before 2/18/2013. The Non-Moving Party's response to any such Motion shall be due on or before 3/18/2013. A Post-Discovery Status Conference shall be held on 1/25/2013, at 10:30 AM before Judge Kim R. Gibson. Signed by Judge Kim R. Gibson on 11/5/2012. (dlg) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 10/26/2012, Entered: None Unknown Document Type
Proposed Initial Scheduling Order by RUTH A. MYERS. (Parrish, Michael) Modified on 10/29/2012. (cel) (Entered: 10/26/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 10/26/2012, Entered: None Unknown Document Type
Amended STIPULATION selecting ADR process by RUTH A. MYERS (Parrish, Michael) Modified on 10/29/2012. (cel) (Entered: 10/26/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 10/17/2012, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Judge Kim R. Gibson: An IR 16 Conference was held on 10/17/2012 with Attorney Parrish appearing in person and Attorney Mathisen appearing telephonically. The Court noted that the parties had filed the 26(f) report and an incomplete ADR stipulation, but had not filed the proposed initial scheduling order. The Court indicated to counsel that they needed to select a neutral for their ADR stipulation and asked for a status update. Counsel indicated that they had briefly discussed this, and because this is an ERISA case and the amount involved is around $50,000, they wanted to explore possible non ADR settlement before going to a neutral. The Court indicated that it would give them 60 days to complete the process, and set the ADR deadline for January 1, 2013. The Court directed counsel to submit an updated ADR stipulation by Friday, October 26, 2012. Additionally, the Court directed counsel to file a proposed initial scheduling order, but also noted that because ERISA cases do not involve the same progression of litigation matters, the submitted proposed scheduling order can be final and not initial. The Court asked counsel to submit this by Friday, October 26, 2012 as well. The Court then explained the local practices and procedures, including the holding of conferences and oral arguments on disputes telephonically, so long as the parties asked for permission in writing prior to the scheduled times. The Court asked counsel if they had any questions before concluding the call, and counsel indicated they had none. The conference was concluded. (Court Reporter: None) (dlg) (Entered: 10/17/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 10/10/2012, Entered: None Unknown Document Type
STIPULATION selecting ADR process by MEIJER, INC., RUTH A. MYERS (Mathisen, Eric) (Entered: 10/10/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 10/10/2012, Entered: None Unknown Document Type
REPORT of Rule 26(f) Planning Meeting. (Mathisen, Eric) (Entered: 10/10/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 9/10/2012, Entered: None Unknown Document Type
Disclosure Statement identifying None as corporate parent or other affiliate, by MEIJER, INC.. (Post, Peter) (Entered: 09/10/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 9/7/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 9 Motion to Withdraw as Attorney. Attorney James A. Naddeo terminated. Signed by Judge Kim R. Gibson on 9/7/2012. (dlg) (Entered: 09/07/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 9/6/2012, Entered: None Unknown Document Type
MOTION to Withdraw as Attorney by RUTH A. MYERS. (Naddeo, James) (Entered: 09/06/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 9/5/2012, Entered: None Unknown Document TypeCourt Filing
ORDER - AN INITIAL RULE 16 CASE MANAGEMENT CONFERENCE IS SCHEDULED FOR October 17, 2012 at 9:00 a.m., and as more fully stated in said Order of Court. Signed by Judge Kim R. Gibson on 9/5/2012. (Attachments: (1) Exhibit "A" Stipulation Selecting ADR Process, (2) Exhibit Fed.R.Civ.P. 26(f) Report) (krt) (Entered: 09/05/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 9/4/2012, Entered: None Unknown Document Type
ANSWER to Complaint by MEIJER, INC. (Post, Peter) Modified on 9/5/2012. (cel) (Entered: 09/04/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 8/20/2012, Entered: None Unknown Document TypeCourt Filing
ORDER granting 5 Amended Motion for Eric P. Mathisen to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 8/20/2012. (dlg) (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 8/17/2012, Entered: None Unknown Document Type
Errata re 4 Motion to Appear Pro Hac Vice for Eric P. Mathisen by MEIJER, INC.. Reason for Correction: Was not in accordance with L.R. 83.2(B). (Attachments: # 1 Proposed Order, # 2 Affidavit) (Post, Peter) (Entered: 08/17/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 8/15/2012, Entered: None Unknown Document Type
MOTION for attorney Eric P. Mathisen to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2473645) by MEIJER, INC.. (Attachments: # 1 Proposed Order, # 2 Affidavit) (Post, Peter) (Entered: 08/15/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 8/10/2012, Entered: None Unknown Document Type
Stipulation for Extension of Time to Answer by RUTH A. MYERS, MEIJER, INC. Answer due from MEIJER, INC. on 9/4/2012. (Attachments: # 1 Proposed Order) (Post, Peter) (Entered: 08/10/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 8/9/2012, Entered: None Unknown Document Type
NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (krt) (Entered: 08/09/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 8/7/2012, Entered: None Unknown Document Type
NOTICE OF REMOVAL from The Court of Common Pleas of Clearfield County, case number 2012-1027-CD (Filing fee $350, receipt number 0315-2464287), filed by MEIJER, INC. (Attachments: # 1 Exhibit - Original Complaint, # 2 Exhibit - State Notice, # 3 Civil Cover Sheet) (cel) (Entered: 08/08/2012)
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