Construction Workers Pension Trust Fund -- Lake County and Vicinity v. Navistar International Corporation et al

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:13-cv-02111
District Judge Samuel Der-Yeghiayan, presiding
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District Judge Samuel Der-Yeghiayan
Last Updated September 26, 2017 at 3:25 PM EDT (8.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Construction Workers Pension Trust Fund -- Lake County and Vicinity, Plaintiff

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James E. Barz +1 630 780 1014 +1 312 674 4676 jbarz@rgrdlaw.com
Space Danielle Suzanne Myers +1 619 231 1058 +1 619 231 7423 dmyers@rgrdlaw.com
No Logo Jacksonville Police and Fire Pension Fund, Plaintiff

Represented by Susman Heffner & Hurst LLP

Name Phone Fax E-Mail
Space Matthew Thomas Heffner +1 312 346 3466 +1 312 346 2829 mheffner@shhllp.com
v.
No Logo Andrew J. Cederoth, Defendant
No Logo Daniel C. Ustian, Defendant
No Logo David Harrison, Defendant
No Logo Dennis D Williams, Defendant
No Logo Diane H Gulyas, Defendant
No Logo Eric Tech, Defendant
No Logo Eugenio Cariond, Defendant
No Logo Eugenio Clariond, Defendant
No Logo Jack Allen, Defendant
No Logo James H. Keyes, Defendant
No Logo John D. Correnti, Defendant
No Logo John Waldron, Defendant

Represented by K&L Gates LLP

Name Phone Fax E-Mail
Space Todd Edward Pentecost +1 312 372 1121 +1 312 827 8000 todd.pentecost@klgates.com
Space Peter G. Rush +1 312 372 1121 +1 312 827 8000 prush@bellboyd.com
Space Paul J. Walsen +1 312 807 4388 +1 312 827 8181 pwalsen@bellboyd.com
No Logo Michael N. Hammes, Defendant
No Logo Navistar International Corporation, Defendant

Represented by Latham & Watkins LLP

Name Phone Fax E-Mail
Space Sean M. Berkowitz +1 312 876 7700 +1 312 993 9767 sean.berkowitz@lw.com
Space Robin M. Hulshizer +1 312 876 7700 robin.hulshizer@lw.com
Space Matthew Lawrence Kutcher +1 312 876 7700 +1 312 993 9767 matthew.kutcher@lw.com
Space Eric Robert Swibel +1 312 876 7700 +1 312 876 7700 eric.swibel@lw.com
No Logo Richard C Tarapchak, Defendant
No Logo Stanley A Mcchrystal, Defendant
No Logo Steven J Klinger, Defendant
No Logo William H Osborne, Defendant
Other Parties
No Logo Arkansas Teacher Retirement System, Movant

Represented by Labaton Sucharow, LLP

Name Phone Fax E-Mail
Space Michael Walter Stocker +1 212 907 0882 +1 212 883 7082 mstocker@labaton.com

Represented by Motley Rice, LLC

Name Phone Fax E-Mail
Space Badge Humphries +1 843 216 9253 +1 843 216 9430 bhumphries@motleyrice.com
Space Joshua Cole Littlejohn +1 843 216 9000 jlittlejohn@motleyrice.com

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
Space Brian Oliver O'Mara +1 619 231 1058 +1 619 231 7423 bomara@rgrdlaw.com
No Logo Central States, Southeast and Southwest Areas Pension Fund, Movant

Represented by Cohen Milstein Sellers & Toll, PLLC

Name Phone Fax E-Mail
Space S Douglas Bunch +1 202 408 4600 +1 202 408 4699 dbunch@cohenmilstein.com
Space Genevieve Odile Fontan +1 202 408 4600
Space Carol V. Gilden +1 312 357 0370 +1 312 357 0369 cgilden@cohenmilstein.com
Space KENNETH MARK REHNS +1 212 838 7797 +1 212 838 7745 krehns@cohenmilstein.com
Space Steven Jeffrey Toll +1 202 408 4600 +1 202 408 4699 stoll@cmht.com
No Logo Harold M. DeNardi, Movant
No Logo Jane C. Purnell FBO Purnell Family Trust, Movant
No Logo Sheet Metal Workers' National Pension Fund, Movant
No Logo Fulton County Employees Retirement Systems, Intervenor
Attributes
Citation Unknown
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
  Entries (185) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 193 Filed: 9/26/2017, Entered: None Order on Motion to Withdraw as Attorney
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Legal Document (Payment Possibly Required) 184 Filed: 7/17/2017, Entered: None Disbursement of funds
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Legal Document (Payment Possibly Required) 183 Filed: 11/2/2016, Entered: None Order
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Legal Document (Payment Possibly Required) 182 Filed: 11/2/2016, Entered: None Order
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Legal Document (Payment Possibly Required) 181 Filed: 11/1/2016, Entered: None Order on Motion for Attorney Fees
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Legal Document (Payment Possibly Required) 179 Filed: 10/14/2016, Entered: None Unknown Document Type
REPLY by Movant Central States, Southeast and Southwest Areas Pension Fund to motion for settlement 171 , motion for attorney fees 173 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gilden, Carol) (Entered: 10/14/2016)
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Legal Document (Payment Possibly Required) 178 Filed: 9/28/2016, Entered: None Unknown Document Type
MEMORANDUM by Central States, Southeast and Southwest Areas Pension Fund in support of motion for settlement 171 Lead Plaintiffs Memorandum of Law in Support of Lead Plaintiffs Motion for Final Approval of the Proposed Settlement and Approval of the Plan of Allocation (Gilden, Carol) (Entered: 09/28/2016)
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Legal Document (Payment Possibly Required) 177 Filed: 9/28/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable Sara L. Ellis: Plaintiff's motion for leave to file oversize brief instanter 169 is granted. No appearance required, 9/29/16. Mailed notice (rj, ) (Entered: 09/28/2016)
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Legal Document (Payment Possibly Required) 176 Filed: 9/26/2016, Entered: None Unknown Document Type
AMENDED NOTICE of Motion by Carol V Gilden for presentment of motion for leave to file, 169 before Honorable Sara L. Ellis on 9/29/2016 at 01:45 PM. (Gilden, Carol) (Entered: 09/26/2016)
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Legal Document (Payment Possibly Required) 175 Filed: 9/24/2016, Entered: None Unknown Document Type
DECLARATION of CAROL V. GILDEN IN SUPPORT OF LEAD PLAINTIFF'S MOTION FOR APPROVALOF THE PROPOSED SETTLEMENT AND APPROVAL OF THE PLAN OF ALLOCATION AND LEAD COUNSEL'S MOTION FOR AN AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF LITIGATION EXPENSES (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Gilden, Carol) (Entered: 09/24/2016)
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Legal Document (Payment Possibly Required) 174 Filed: 9/24/2016, Entered: None Unknown Document Type
MEMORANDUM by Central States, Southeast and Southwest Areas Pension Fund in support of motion for attorney fees 173 (Gilden, Carol) (Entered: 09/24/2016)
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Legal Document (Payment Possibly Required) 173 Filed: 9/24/2016, Entered: None Unknown Document Type
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund for attorney fees (Gilden, Carol) (Entered: 09/24/2016)
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Legal Document (Payment Possibly Required) 172 Filed: 9/23/2016, Entered: None Unknown Document Type
NOTICE of Motion by Carol V Gilden for presentment of Motion for attorney fees, reimbursement of litigation expenses and Costs 173 before Honorable Sara L. Ellis on 10/25/2016 at 10:30 AM. (Gilden, Carol) Docket Text Modified by Clerk's Office on 9/26/2016 (jh, ). (Entered: 09/24/2016)
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Legal Document (Payment Possibly Required) 171 Filed: 9/23/2016, Entered: None Unknown Document Type
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund for settlement FOR FINAL APROVAL FOR SETTLEMENT (Attachments: # 1 Exhibit 1)(Gilden, Carol) (Entered: 09/23/2016)
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Legal Document (Payment Possibly Required) 170 Filed: 9/23/2016, Entered: None Unknown Document Type
NOTICE of Motion by Carol V Gilden for presentment of Final Approval of the Proposed Settlement and Approval of the Plan of Allocation 171 before Honorable Sara L. Ellis on 10/25/2016 at 10:30 AM. (Gilden, Carol) Docket Text Modified by Clerk's Office on 9/26/2016 (jh, ). (Entered: 09/23/2016)
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Legal Document (Payment Possibly Required) 169 Filed: 9/23/2016, Entered: None Unknown Document Type
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund for Motion for Leave to File Oversized Memorandum of Law in Support of Lead Plaintiff's Motion for Final Approval of the Proposed Settlement and Approval of the Plan of Allocation Instanter. (Attachments: # 1 Exhibit 1) (Gilden, Carol) Docket Text Modified by Clerk's Office on 9/26/2016 (jh, ). (Entered: 09/23/2016)
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Legal Document (Payment Possibly Required) 168 Filed: 9/23/2016, Entered: None Unknown Document Type
NOTICE of Motion by Carol V. Gilden for presentment for Leave to File Oversized Memorandum of Law in Support of Lead Plaintiff's Motion for Final Approval of the Proposed Settlement and Approval of the Plan of Allocation Instanter 169 before Honorable Sara L. Ellis on 10/25/2016 at 10:30 AM. (Gilden, Carol) Docket Text Modified by Clerk's Office on 9/26/2016 (jh, ). (Entered: 09/23/2016)
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Legal Document (Payment Possibly Required) 167 Filed: 8/15/2016, Entered: None Unknown Document Type
PROOF OF CLAIM FORM by Liangchao Lin. (Exhibit) (Attachments: # 1 Envelope)(pk,) (Entered: 08/24/2016)
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Legal Document (Payment Possibly Required) 166 Filed: 8/15/2016, Entered: None Unknown Document Type
PROOF OF CLAIM FORM filed by Liangchao Lin. (Exhibit) (Attachments: # 1 Envelope)(pk,) (Entered: 08/24/2016)
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Legal Document (Payment Possibly Required) 165 Filed: 5/27/2016, Entered: None Unknown Document Type
MEMORANDUM in Support of 159 Unopposed Motion for Preliminary Approval of Settlement (Attachments: # 1 Exhibit 1)(Gilden, Carol) (Entered: 05/27/2016)
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Legal Document (Payment Possibly Required) 164 Filed: 5/27/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 5/19/2016. Lead Plaintiff's unopposed motion for leave to file oversized memorandum in support of unopposed motion for preliminary approval of settlement instanter 157 is granted. Lead Plaintiff's unopposed motion for preliminary approval of settlement 159 is granted. See separate order 163 for details. Final Approval Hearing is set for 10/25/2016 at 10:30 AM. Mailed notice (rj, ) (Entered: 05/27/2016)
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Legal Document (Payment Possibly Required) 163 Filed: 5/25/2016, Entered: None
ORDER : Preliminarily Approving the Settlement, Notice to the Class and Scheduling Final Approval Hearing. Signed by the Honorable Sara L. Ellis on 5/25/2016:Mailed notice(jms, ) (Entered: 05/25/2016)
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Legal Document (Payment Possibly Required) 162 Filed: 5/19/2016, Entered: None
ATTORNEY Appearance for Defendants Jack Allen, Andrew J. Cederoth, Eugenio Clariond, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, Navistar International Corporation, William H Osborne, Richard C Tarapchak, Eric Tech, Daniel C. Ustian, Dennis D Williams by Robert D Boley (Boley, Robert) (Entered: 05/19/2016)
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Legal Document (Payment Possibly Required) 161 Filed: 5/13/2016, Entered: None
STIPULATION OF SETTLEMENT (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B)(Gilden, Carol) (Entered: 05/13/2016)
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Legal Document (Payment Possibly Required) 160 Filed: 5/13/2016, Entered: None
NOTICE of Motion by Carol V Gilden for presentment of motion for settlement 159 before Honorable Sara L. Ellis on 5/19/2016 at 01:45 PM. (Gilden, Carol) (Entered: 05/13/2016)
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Legal Document (Payment Possibly Required) 159 Filed: 5/13/2016, Entered: None
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund for settlement unopposed Motin for Preliminary Approval of Settlement (Gilden, Carol) (Entered: 05/13/2016)
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Legal Document (Payment Possibly Required) 158 Filed: 5/13/2016, Entered: None
NOTICE of Motion by Carol V. Gilden for presentment of motion for leave to file oversized Memorandum in Support of Unopposed Motion for Preliminary Approval of Settlement Instanter 157 before Honorable Sara L. Ellis on 5/19/2016 at 01:45 PM. (Gilden, Carol) Docket Text Modified by Clerk's Office on 5/17/2016 (jh, ). (Entered: 05/13/2016)
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Legal Document (Payment Possibly Required) 157 Filed: 5/13/2016, Entered: None
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund for leave to file Oversized Memorandum in Support of Unopposed Motion for Preliminary Approval of Settlement Instanter (Attachments: # 1 Exhibit 1)(Gilden, Carol) (Entered: 05/13/2016)
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Legal Document (Payment Possibly Required) 156 Filed: 5/13/2016, Entered: None
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund for leave to file Oversized Memorandum in Support of Unopposed Motion for Preliminary Approval of Settlement Instanter (Gilden, Carol)(Entered in Error.) (Docket Text Modified by the Clerk's Office on 5/16/2016) (rm, ). (Entered: 05/13/2016)
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Legal Document (Payment Possibly Required) 155 Filed: 5/6/2016, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 5/5/2016. Status hearing set for 5/19/2016 at 1:45 PM for preliminary approval of settlement. Mailed notice (rj, ) Modified on 5/6/2016 (rj, ). (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 154 Filed: 4/5/2016, Entered: None
MINUTE entry before the Honorable Sara L. Ellis:Status hearing held on 4/5/2016. Status hearing set for 5/5/2016 at 1:30 PM to report on settlement. If stipulation to dismiss is filed, no appearance is required. Mailed notice (rj, ) (Entered: 04/05/2016)
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Legal Document (Payment Possibly Required) 153 Filed: 2/2/2016, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 2/2/2016 and continued to 4/5/2016 at 9:30 AM to report on settlement. If stipulation to dismiss is filed prior to 4/5/2016, no appearance is required. Mailed notice (rj, ) (Entered: 02/02/2016)
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Blank 152 Filed: 12/1/2015, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 12/1/2015. Parties report that settlement is reached in principle subject to confirmatory discovery which is ongoing. Status hearing set for 2/2/2016 at 9:30 AM to report on settlement. Mailed notice (rj, ) (Entered: 12/01/2015)
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Legal Document (Payment Possibly Required) 151 Filed: 11/10/2015, Entered: None Order on Motion to Withdraw as Attorney
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Legal Document (Payment Possibly Required) 150 Filed: 10/22/2015, Entered: None
NOTICE of Motion by Eric Robert Swibel for presentment of motion to withdraw as attorney, 149 before Honorable Sara L. Ellis on 11/10/2015 at 09:45 AM. (Swibel, Eric) (Entered: 10/22/2015)
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Legal Document (Payment Possibly Required) 149 Filed: 10/22/2015, Entered: None Withdraw as Attorney
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Legal Document (Payment Possibly Required) 148 Filed: 10/21/2015, Entered: None
MINUTE entry before the Honorable Sara L. Ellis:Status hearing held on 10/21/2015 and continued to 11/10/2015 at 9:30 AM to report on settlement. Mailed notice (rj, ) (Entered: 10/21/2015)
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Legal Document (Payment Possibly Required) 147 Filed: 7/22/2015, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 7/22/2015. Parties report that settlement is a potential and want to use a private mediator. Status hearing set for 10/21/2015 at 9:30 AM. Mailed notice (rj, ) (Entered: 07/22/2015)
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Legal Document (Payment Possibly Required) 146 Filed: 7/10/2015, Entered: None memorandum opinion and order
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Legal Document (Payment Possibly Required) 145 Filed: 7/10/2015, Entered: None Order on Motion to Dismiss for Failure to State a Claim
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Legal Document (Payment Possibly Required) 144 Filed: 7/9/2015, Entered: None Court Filing
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 7/9/2015. The Court to issue written opinion regarding motion to dismiss, shortly. Status hearing set for 7/22/2015 at 9:30 AM to report on whether parties want a settlement conference with Magistrate Judge Brown. Mailed notice (rj, ) (Entered: 07/10/2015)
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Legal Document (Payment Possibly Required) 143 Filed: 7/8/2015, Entered: None
ATTORNEY Appearance for Defendants Jack Allen, Eugenio Cariond, Andrew J. Cederoth, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, Navistar International Corporation, William H Osborne, Richard C Tarapchak, Eric Tech, Daniel C. Ustian, Dennis D Williams by Cary R. Perlman (Perlman, Cary) (Entered: 07/08/2015)
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Legal Document (Payment Possibly Required) 142 Filed: 7/1/2015, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: On the Court's own motion, Status hearing set for 7/2/2015 is stricken and reset to 7/9/2015 at 1:30 PM for ruling on Motion to Dismiss for Failure to State a Claim 132 . Mailed notice (rj, ) (Entered: 07/01/2015)
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Legal Document (Payment Possibly Required) 141 Filed: 6/10/2015, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: On the Court's own motion, Status hearing set for 6/11/2015 is stricken and reset to 7/2/2015 at 1:30 PM for ruling on Motion to Dismiss for Failure to State a Claim 132 . Mailed notice (rj, ) (Entered: 06/10/2015)
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Legal Document (Payment Possibly Required) 140 Filed: 5/12/2015, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: On the Court's own motion, Ruling date of 5/13/2015 as to Motion to Dismiss for Failure to State a Claim 132 is stricken and reset to 6/11/2015 at 1:30 PM. Mailed notice (rj, ) (Entered: 05/12/2015)
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Legal Document (Payment Possibly Required) 139 Filed: 4/7/2015, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: On the Court's own motion, Ruling date of 4/15/2015 is stricken and reset to 5/13/2015 at 9:30 AM. Mailed notice (rj, ) (Entered: 04/07/2015)
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Legal Document (Payment Possibly Required) 138 Filed: 1/21/2015, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: On the Court's own motion, Ruling date of 2/17/2015 is stricken and reset to 4/15/2015 at 9:30 AM. Mailed notice (rj, ) (Entered: 01/21/2015)
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Legal Document (Payment Possibly Required) 137 Filed: 11/7/2014, Entered: None
REPLY by Defendant Navistar International Corporation to Motion to Dismiss for Failure to State a Claim, 132 - Defendant's Reply In Support of Their Motion To Dismiss Lead Plaintiff's Second Amended Class Action Complaint Pursuant To Rules 9(B) and 12(B)(6) (Attachments: # 1 Exhibit A)(Berkowitz, Sean) (Entered: 11/07/2014)
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Legal Document (Payment Possibly Required) 136 Filed: 11/7/2014, Entered: None
NOTICE of Voluntary Dismissal by Central States, Southeast and Southwest Areas Pension Fund (Gilden, Carol) (Entered: 11/07/2014)
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Legal Document (Payment Possibly Required) 135 Filed: 10/23/2014, Entered: None
DECLARATION of Carol V. Gilden regarding memorandum in opposition to motion 134 to dismiss (Attachments: # 1 Exhibit A)(Gilden, Carol) (Entered: 10/23/2014)
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Legal Document (Payment Possibly Required) 134 Filed: 10/23/2014, Entered: None
MEMORANDUM by Central States, Southeast and Southwest Areas Pension Fund in Opposition to Motion to Dismiss for Failure to State a Claim, 132 (Gilden, Carol) (Entered: 10/23/2014)
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Legal Document (Payment Possibly Required) 133 Filed: 9/23/2014, Entered: None
MEMORANDUM by Jack Allen, Andrew J. Cederoth, Navistar International Corporation, Eric Tech, Daniel C. Ustian in support of Motion to Dismiss for Failure to State a Claim, 132 - Memorandum in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint (Berkowitz, Sean) (Entered: 09/23/2014)
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Legal Document (Payment Possibly Required) 132 Filed: 9/23/2014, Entered: None Dismiss for Failure to State a Claim
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Legal Document (Payment Possibly Required) 131 Filed: 8/29/2014, Entered: None order on motion to set a briefing schedule
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Legal Document (Payment Possibly Required) 130 Filed: 8/26/2014, Entered: None
NOTICE of Motion by Matthew Lawrence Kutcher for presentment of motion by filer to set a briefing schedule 129 before Honorable Sara L. Ellis on 9/2/2014 at 09:30 AM. (Kutcher, Matthew) (Entered: 08/26/2014)
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Legal Document (Payment Possibly Required) 129 Filed: 8/26/2014, Entered: None Briefing Schedule
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Legal Document (Payment Possibly Required) 128 Filed: 8/22/2014, Entered: None Amended Complaint
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Legal Document (Payment Possibly Required) 127 Filed: 7/22/2014, Entered: None memorandum opinion and order
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Legal Document (Payment Possibly Required) 126 Filed: 7/22/2014, Entered: None Order on Motion to Strike
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Legal Document (Payment Possibly Required) 125 Filed: 3/20/2014, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: Lead Plaintiff's Motion for Leave to File A Surreply Instanter in Further Opposition to Defendants' Motion to Dismiss 121 is denied. No appearance required, 3/20/2014. Mailed notice (rj, ) (Entered: 03/20/2014)
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Legal Document (Payment Possibly Required) 124 Filed: 3/19/2014, Entered: None
MEMORANDUM by Jack Allen, Andrew J. Cederoth, Eugenio Clariond, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, Navistar International Corporation, William H Osborne, Richard C Tarapchak, Eric Tech, Daniel C. Ustian, Dennis D Williams in Opposition to motion to file instanter 121 - Memorandum of Law in Opposition to Lead Plaintiff's Motion for Leave to File a Surreply Instanter in Further Opposition to Defendants' Motions to Dismiss (Berkowitz, Sean) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 123 Filed: 3/19/2014, Entered: None
MEMORANDUM by John Waldron in Opposition to motion to file instanter 121 (Walsen, Paul) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 122 Filed: 3/17/2014, Entered: None
NOTICE of Motion by Carol V Gilden for presentment of motion to file instanter 121 before Honorable Sara L. Ellis on 3/20/2014 at 01:30 PM. (Gilden, Carol) (Entered: 03/17/2014)
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Legal Document (Payment Possibly Required) 121 Filed: 3/17/2014, Entered: None
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund to file instanter SURREPLY IN FURTHER OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS (Attachments: # 1 Exhibit A)(Gilden, Carol) (Entered: 03/17/2014)
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Legal Document (Payment Possibly Required) 120 Filed: 3/3/2014, Entered: None
REPLY by Movant Central States, Southeast and Southwest Areas Pension Fund to Opposition to Lead Plaintiff's Motion to Strike (Gilden, Carol) (Entered: 03/03/2014)
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Legal Document (Payment Possibly Required) 119 Filed: 3/3/2014, Entered: None
REPLY by Defendants Eugenio Clariond, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, William H Osborne, Richard C Tarapchak, Dennis D Williams to motion to dismiss, 101 - Signing Defendants' Reply in Support of Their Motion to Dismiss Lead Plaintiff's Amended Class Action Complaint Pursuant to Rules 9(b) and 12(b)(6) (Berkowitz, Sean) (Entered: 03/03/2014)
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Legal Document (Payment Possibly Required) 118 Filed: 3/3/2014, Entered: None
REPLY by Defendants Jack Allen, Andrew J. Cederoth, Navistar International Corporation, Eric Tech, Daniel C. Ustian to motion to dismiss, 99 - Navistar International Corporation, Daniel C. Ustian, Andrew J. Cederoth, Jack Allen and Eric Tech's Reply in Support of Their Motion to Dismiss Lead Plaintiff's Amended Class Action Complaint Pursuant to Rules 9(B) and 12(B)(6) (Berkowitz, Sean) (Entered: 03/03/2014)
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Legal Document (Payment Possibly Required) 117 Filed: 3/3/2014, Entered: None
REPLY by Defendant John Waldron to Motion to Dismiss for Failure to State a Claim 103 (Rush, Peter) (Entered: 03/03/2014)
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Legal Document (Payment Possibly Required) 116 Filed: 2/18/2014, Entered: None
MEMORANDUM by Jack Allen, Andrew J. Cederoth, Navistar International Corporation, Eric Tech, Daniel C. Ustian in Opposition to motion to strike 108 (Berkowitz, Sean) (Entered: 02/18/2014)
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Legal Document (Payment Possibly Required) 115 Filed: 2/12/2014, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: Defendants unopposed motion for briefing schedule 113 is granted. Defendants' response is due on 2/18/14 and Plaintiff's reply is due on 3/3/14. Status date of 7/23/14 to stand with ruling on motion to strike and motion to dismiss to issue at that time. Mailed notice (rj, ) (Entered: 02/12/2014)
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Legal Document (Payment Possibly Required) 114 Filed: 2/6/2014, Entered: None
NOTICE of Motion by Matthew Lawrence Kutcher for presentment of motion by filer to set a briefing schedule 113 before Honorable Sara L. Ellis on 2/13/2014 at 09:30 AM. (Kutcher, Matthew) (Entered: 02/06/2014)
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Legal Document (Payment Possibly Required) 113 Filed: 2/6/2014, Entered: None
MOTION by Defendants Jack Allen, Andrew J. Cederoth, Navistar International Corporation, Eric Tech, Daniel C. Ustian to set a briefing schedule -- Unopposed Motion for Briefing Schedule (Kutcher, Matthew) (Entered: 02/06/2014)
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Legal Document (Payment Possibly Required) 112 Filed: 2/5/2014, Entered: None
MEMORANDUM by Central States, Southeast and Southwest Areas Pension Fund of Law In Opposition to Defendants' Motion to Dismiss (Gilden, Carol) (Entered: 02/05/2014)
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Legal Document (Payment Possibly Required) 111 Filed: 2/5/2014, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: Lead Plaintiff's unopposed motion for leave to file instanter an oversized omnibus memorandum of law in opposition to Defendants' motions to dismiss 106 is granted. Lead Plaintiffs to file oversized omnibus memorandum of law in opposition, forthwith. Lead Plaintiff's motion to strike 108 is taken under advisement. No appearance required, 2/6/2014. Mailed notice (rj, ) (Entered: 02/05/2014)
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Legal Document (Payment Possibly Required) 110 Filed: 1/31/2014, Entered: None
MEMORANDUM by Central States, Southeast and Southwest Areas Pension Fund in support of motion to strike 108 (Gilden, Carol) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 109 Filed: 1/31/2014, Entered: None
NOTICE of Motion by Carol V Gilden for presentment of motion to strike 108 before Honorable Sara L. Ellis on 2/6/2014 at 09:30 AM. (Gilden, Carol) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 108 Filed: 1/31/2014, Entered: None
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund to strike (Gilden, Carol) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 107 Filed: 1/31/2014, Entered: None
NOTICE of Motion by Carol V Gilden for presentment of motion for leave to file, 106 before Honorable Sara L. Ellis on 2/6/2014 at 09:30 AM. (Gilden, Carol) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 106 Filed: 1/31/2014, Entered: None
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund for leave to file , Unopposed, Instanter an Oversized Omnibus Memorandum of Law in Opposition to Defendants' Motions to Dismiss (Attachments: # 1 Exhibit A)(Gilden, Carol) (Entered: 01/31/2014)
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Legal Document (Payment Possibly Required) 105 Filed: 12/19/2013, Entered: None
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Navistar International Corporation (Swibel, Eric) (Entered: 12/19/2013)
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Legal Document (Payment Possibly Required) 104 Filed: 12/17/2013, Entered: None
MEMORANDUM by John Waldron in support of Motion to Dismiss for Failure to State a Claim 103 (Rush, Peter) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 103 Filed: 12/17/2013, Entered: None
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Rush, Peter) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 102 Filed: 12/17/2013, Entered: None
MEMORANDUM by Eugenio Clariond, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, William H Osborne, Richard C Tarapchak, Dennis D Williams in support of motion to dismiss, 101 (Berkowitz, Sean) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 101 Filed: 12/17/2013, Entered: None
MOTION by Defendants Dennis D Williams, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, Richard C Tarapchak, David Harrison, John D. Correnti, William H Osborne, Diane H Gulyas, Michael N. Hammes, Eugenio Clariond to dismiss - Defendants Clariond, Correnti, Gulyas, Hammes, Harrison, Keyes, Klinger, Osborne, Williams, McChrystal, and Tarapchak's Motion to Dismiss Lead Plaintiff's Amended Class Action Complaint Pursuant to Rules 9(B) and 12(B)(6) (Berkowitz, Sean) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 100 Filed: 12/17/2013, Entered: None
MEMORANDUM by Jack Allen, Andrew J. Cederoth, Navistar International Corporation, Eric Tech, Daniel C. Ustian in support of motion to dismiss, 99 (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2)(Berkowitz, Sean) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 99 Filed: 12/17/2013, Entered: None
MOTION by Defendants Jack Allen, Navistar International Corporation, Daniel C. Ustian, Andrew J. Cederoth, Eric Tech to dismiss - Defendants Navistar International Corporation, Daniel C. Ustian, Andrew J. Cederoth, Jack Allen and Eric Tech's Motion to Dismiss Lead Plaintiff's Amended Class Action Complaint Pursuant to Rules 9(B) and 12(B)(6) (Berkowitz, Sean) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 98 Filed: 12/17/2013, Entered: None
ATTORNEY Appearance for Defendant John Waldron by Todd Edward Pentecost (Pentecost, Todd) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 97 Filed: 12/17/2013, Entered: None
ATTORNEY Appearance for Defendant John Waldron by Paul J. Walsen (Walsen, Paul) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 96 Filed: 12/17/2013, Entered: None
ATTORNEY Appearance for Defendant John Waldron by Peter G. Rush (Rush, Peter) (Entered: 12/17/2013)
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Legal Document (Payment Possibly Required) 95 Filed: 12/10/2013, Entered: None
MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 12/10/2013 and continued to 7/23/2014 at 09:30 AM. Briefing schedule as to motion to dismiss 91 to stand. Counsel for Defendant John Waldron to file an appearance, forthwith. Mailed notice (rj, ) Modified on 12/10/2013 (rj, ). (Entered: 12/10/2013)
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Legal Document (Payment Possibly Required) 94 Filed: 12/3/2013, Entered: None
ORDER: Motion by Steven J. Toll for leave to appear pro hac vice 93 is granted. Signed by the Honorable Sara L. Ellis (gcy, ) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 93 Filed: 11/26/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8974264. (Toll, Steven) (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 92 Filed: 11/21/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. John Waldron waiver sent on 11/18/2013, answer due 1/17/2014. (Gilden, Carol) (Entered: 11/21/2013)
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Legal Document (Payment Possibly Required) 91 Filed: 11/18/2013, Entered: None
MINUTE entry before the Honorable Sara L. Ellis:Status hearing held on 11/18/2013. Status hearing set for 12/10/2013 at 09:30 AM. Briefing schedule on motion to dismiss: Defendant's brief due by 12/17/2013. Plaintiff's response due by 1/31/2014. Reply due by 3/3/2014. Ruling date set for 7/23/2014 at 09:30 AM. Defendant's opening brief and Plaintiff's response are limited to 50 pages each. Defendant's reply is limited to 25 pages. Mailed notice (rj, ) (Entered: 11/20/2013)
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Legal Document (Payment Possibly Required) 90 Filed: 11/15/2013, Entered: None
ORDER: Motion by S. Douglas Bunch for leave to appear pro hac vice 75 is granted. Motion by Genevieve Fontan for leave to appear pro hac vice 76 is granted. (gcy, ) (Entered: 11/15/2013)
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Legal Document (Payment Possibly Required) 89 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. William H Osborne waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 88 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Michael N. Hammes waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 87 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Richard C Tarapchak waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 86 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Eric Tech waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 85 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Dennis D Williams waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 84 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Jack Allen waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 83 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Eugenio Cariond waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 82 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. John D. Correnti waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 81 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. James H. Keyes waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 80 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Steven J Klinger waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 79 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Diane H Gulyas waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 78 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. Stanley A Mcchrystal waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 77 Filed: 11/14/2013, Entered: None
WAIVER OF SERVICE returned executed by Central States, Southeast and Southwest Areas Pension Fund. David Harrison waiver sent on 10/28/2013, answer due 12/27/2013. (Gilden, Carol) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 76 Filed: 11/14/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8930741. (Fontan, Genevieve) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 75 Filed: 11/14/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8929564. (Bunch, Stephen) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 74 Filed: 11/8/2013, Entered: None
MINUTE entry before Honorable Sara L. Ellis: Reassignment Joint Status Conference set for 11/18/2013 at 09:00 AM. Mailed notice (rj, ) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 73 Filed: 11/4/2013, Entered: None
ATTORNEY Appearance for Defendants Jack Allen, Eugenio Cariond, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, William H Osborne, Richard C Tarapchak, Eric Tech, Dennis D Williams by Eric Robert Swibel (Swibel, Eric) (Entered: 11/04/2013)
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Legal Document (Payment Possibly Required) 72 Filed: 11/4/2013, Entered: None
STATUS Report - Joint Initial Status Report for Reassigned Case by Jack Allen, Eugenio Cariond, Andrew J. Cederoth, Construction Workers Pension Trust Fund -- Lake County and Vicinity, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, Navistar International Corporation, William H Osborne, Richard C Tarapchak, Eric Tech, Daniel C. Ustian, Dennis D Williams (Kutcher, Matthew) (Entered: 11/04/2013)
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Legal Document (Payment Possibly Required) 71 Filed: 11/4/2013, Entered: None
ATTORNEY Appearance for Defendants Jack Allen, Eugenio Cariond, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, William H Osborne, Richard C Tarapchak, Eric Tech, Dennis D Williams by Robin M. Hulshizer (Hulshizer, Robin) (Entered: 11/04/2013)
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Legal Document (Payment Possibly Required) 70 Filed: 11/4/2013, Entered: None
ATTORNEY Appearance for Defendants Jack Allen, Eugenio Cariond, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, William H Osborne, Richard C Tarapchak, Eric Tech, Dennis D Williams by Sean M. Berkowitz (Berkowitz, Sean) (Entered: 11/04/2013)
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Legal Document (Payment Possibly Required) 69 Filed: 11/4/2013, Entered: None
ATTORNEY Appearance for Defendants Jack Allen, John D. Correnti, Diane H Gulyas, Michael N. Hammes, David Harrison, James H. Keyes, Steven J Klinger, Stanley A Mcchrystal, William H Osborne, Richard C Tarapchak, Eric Tech, Dennis D Williams, Eugenio Cariond by Matthew Lawrence Kutcher (Kutcher, Matthew) (Entered: 11/04/2013)
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Legal Document (Payment Possibly Required) 68 Filed: 10/25/2013, Entered: None Court Filing
MINUTE entry before Honorable Sara L. Ellis: This case has been re-assigned to the calendar of Judge Sara L. Ellis. All previously set status dates are stricken. All previously set discovery schedules remain intact. All previously set briefing schedules remain intact. Parties will not be required to file proposed orders along with their motions. All noticed motion dates are vacated. The Court will set new dates for filed but un-noticed motions at the reassignment joint status conference. The parties are directed not to notice any motions, with the exception of emergency motions, prior to appearing at the reassignment joint status conference. For all emergency motions arising prior to the date scheduled for the reassignment joint status conference, the parties are directed to contact chambers. To help the Court learn about the case, it is hereby ordered that within 10 calendar days of this order's entry, counsel are to confer, prepare, and file a joint status report, not to exceed five pages. If the defendant's counsel has not yet filed an appearance, the status report should be prepared by the plaintiff's counsel. The report shall contain the information requested in the attached Initial Status Report For Reassigned Case in the format provided.Mailed notice (Attachments: # 1 Initial Status Report) (kef, ) (Entered: 10/25/2013)
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Legal Document (Payment Possibly Required) 67 Filed: 10/23/2013, Entered: None
EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on October 15, 2013, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sara L. Ellis, therefore IT IS HEREBY ORDERED that the attached list of 291 cases be reassigned to the Honorable Sara L. Ellis. IT IS FURTHER ORDERED that this order shall become effective on Thursday, October 24, 2013. Case reassigned to the Honorable Sara Lee Ellis for all further proceedings. Signed by Executive Committee on 10/23/2013. (td, ) (Entered: 10/25/2013)
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Legal Document (Payment Possibly Required) 66 Filed: 10/10/2013, Entered: None
CONSOLIDATED AMENDED complaint by Central States, Southeast and Southwest Areas Pension Fund against All Defendants (Gilden, Carol) (Entered: 10/10/2013)
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Legal Document (Payment Possibly Required) 65 Filed: 10/1/2013, Entered: None
ORDER: James E. Barz, Danielle S. Myers and Brian O. O'Mara's motion for leave to withdraw as counsel for Plaintiffs and movants 63 is granted. Noticed motions date of 10/02/13 is stricken. All other dates previously set on 09/26/13 are to stand. Signed by the Honorable Samuel Der-Yeghiayan (gcy, ) (Entered: 10/01/2013)
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Legal Document (Payment Possibly Required) 64 Filed: 9/26/2013, Entered: None
NOTICE of Motion by Brian O O'Mara for presentment of motion to withdraw as attorney, 63 before Honorable Samuel Der-Yeghiayan on 10/2/2013 at 09:00 AM. (O'Mara, Brian) (Entered: 09/26/2013)
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Legal Document (Payment Possibly Required) 63 Filed: 9/26/2013, Entered: None
MOTION by counsel for Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund, Plaintiff Construction Workers Pension Trust Fund -- Lake County and Vicinity to withdraw as attorney (Attachments: # 1 Text of Proposed Order)(O'Mara, Brian) (Entered: 09/26/2013)
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Legal Document (Payment Possibly Required) 62 Filed: 9/26/2013, Entered: None
MINUTE entry before Honorable Samuel Der-Yeghiayan: Lead Plaintiff's motion amend/correct scheduling order 60 is granted as follows: Plaintiffs are given leave until 10/10/13 to file an amended complaint. Defendants are to answer or otherwise plead to Plaintiffs' amended complaint by 12/17/13. Status hearing reset to 01/09/14 at 9:00 a.m. Noticed motion date of 10/01/13 and status hearing date of 12/04/13 are stricken. Mailed notice (mw, ) (Entered: 09/26/2013)
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Legal Document (Payment Possibly Required) 61 Filed: 9/25/2013, Entered: None
NOTICE of Motion by Carol V Gilden for presentment of motion to amend/correct 60 before Honorable Samuel Der-Yeghiayan on 10/1/2013 at 09:00 AM. (Gilden, Carol) (Entered: 09/25/2013)
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Legal Document (Payment Possibly Required) 60 Filed: 9/25/2013, Entered: None
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund to amend/correct Scheduling Order (Gilden, Carol) (Entered: 09/25/2013)
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Legal Document (Payment Possibly Required) 59 Filed: 9/25/2013, Entered: None
Notice of Withdrawal of Appearance by Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund (O'Mara, Brian) (Entered: 09/25/2013)
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Legal Document (Payment Possibly Required) 58 Filed: 9/25/2013, Entered: None
NOTICE of Voluntary Dismissal by Construction Workers Pension Trust Fund -- Lake County and Vicinity Notice of Voluntary Dismissal and Withdrawal of Counsel (Barz, James) (Entered: 09/25/2013)
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Legal Document (Payment Possibly Required) 57 Filed: 7/31/2013, Entered: None
MINUTE entry before Honorable Samuel Der-Yeghiayan: Status hearing held and continued to 12/04/13 at 9:00 a.m. As stated on the record, Plaintiffs are given leave until 09/30/13 to file an amended complaint. Defendants are to answer or otherwise plead to Plaintiffs' amended complaint by 11/29/13. As further stated on the record, the parties are given leave to file their briefs in excess of 15 pages but not more than 25 pages. Mailed notice (mw, ) (Entered: 07/31/2013)
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Legal Document (Payment Possibly Required) 56 Filed: 7/30/2013, Entered: None
ATTORNEY Appearance for Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund by Michael W. Stocker (Stocker, Michael) (Entered: 07/30/2013)
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Blank 55 Filed: 7/31/2013, Entered: None
MEMORANDUM Opinion signed by the Honorable Samuel Der-Yeghiayan on 7/30/2013: The Court hereby appoints Central States, Southeast and Southwest Areas Pension Fund as Lead Plaintiff, and Cohen Milstein Sellers & Toll PLLC as lead counsel. Mailed notice (mw, )
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Blank 55 Filed: 7/30/2013, Entered: None
MEMORANDUM Opinion signed by the Honorable Samuel Der-Yeghiayan on 7/30/2013: The Court hereby appoints Central States, Southeast and Southwest Areas Pension Fund as Lead Plaintiff, and Cohen Milstein Sellers & Toll PLLC as lead counsel. Mailed notice (mw, ) (Entered: 07/30/2013)
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Legal Document (Payment Possibly Required) 54 Filed: 7/26/2013, Entered: None
ATTORNEY Appearance for Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund by Joshua C Littlejohn (Littlejohn, Joshua) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 53 Filed: 7/25/2013, Entered: None
ORDER: Joshua Littlejohn's motion for leave to appear pro hac vice for Movants Arkansas Teacher Retirement System and Sheet Metal Workers' National Pension Fund 52 is granted. Signed by the Honorable Samuel Der-Yeghiayan. (gcy, ) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 52 Filed: 7/23/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8562883. (Littlejohn, Joshua) (Entered: 07/23/2013)
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Legal Document (Payment Possibly Required) 51 Filed: 6/13/2013, Entered: None
REPLY by Movant Central States, Southeast and Southwest Areas Pension Fund to notice of motion 28 REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THE MOTION OF THE CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND FOR: 1) APPOINTMENT AS LEAD PLAINTIFF; AND 2) APPROVAL OF ITS SELECTION OF LEAD COUNSEL (Gilden, Carol) (Entered: 06/13/2013)
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Legal Document (Payment Possibly Required) 50 Filed: 6/13/2013, Entered: None
REPLY by Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund to MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund to reassign case MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund to consolidate cases MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension FundAppointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel 24 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Humphries, Badge) (Entered: 06/13/2013)
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Legal Document (Payment Possibly Required) 49 Filed: 6/13/2013, Entered: None
REPLY by Jacksonville Police and Fire Pension Fund to MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund to reassign case MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund to consolidate cases MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension FundAppointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel 24 , MOTION by Intervenor Fulton County Employees Retirement Systems to consolidate cases Motion for Consolidation, Appointment as Lead Plaintiff, and Approval of its Selection of Lead and Liaison Counsel 17 , MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund to consolidate cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel 25 , MOTION by Movant Harold M. DeNardi to consolidate cases Motion for Consolidation, Appointment As Lead Plaintiff And Approval of Lead Counsel 31 , MOTION by Plaintiff Jacksonville Police and Fire Pension Fund to consolidate cases and appt of lead plaintiff 14 , MOTION by Movant Jane C. Purnell FBO Purnell Family Trust to consolidate cases Appoint Lead Plaintiff and Approval of Selection of Counsel 20 (Heffner, Matthew) (Entered: 06/13/2013)
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Legal Document (Payment Possibly Required) 48 Filed: 6/6/2013, Entered: None
RESPONSE by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund Memorandum of Law in Further Support of the Retirement Funds' Motion for Appointment as Lead Plaintiff and in Opposition to the Competing Motions (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Humphries, Badge) (Entered: 06/06/2013)
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Legal Document (Payment Possibly Required) 47 Filed: 6/6/2013, Entered: None
RESPONSE by Movant Central States, Southeast and Southwest Areas Pension Fund in Further Support of Central States Pension Fund's Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel and in Opposition to the Competing Motions (Gilden, Carol) (Entered: 06/06/2013)
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Legal Document (Payment Possibly Required) 46 Filed: 6/6/2013, Entered: None
RESPONSE by Intervenor Fulton County Employees Retirement Systems Fulton County Employees Retirement System's Notice of Response to the Competing Motions for Consolidation of Related Actions, Appointment As Lead Plaintiff, and Approval of Selection of Co-Lead Counsel (Goulet, Dawn) (Entered: 06/06/2013)
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Legal Document (Payment Possibly Required) 45 Filed: 6/6/2013, Entered: None
ATTORNEY Appearance for Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund by Badge Humphries (Humphries, Badge) (Entered: 06/06/2013)
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Legal Document (Payment Possibly Required) 44 Filed: 6/6/2013, Entered: None
Withdrawal of Motion by Jane C. Purnell FBO Purnell Family Trust for Consolidation, Appointment as Lead Plaintiff, and Approval of Selection of Counsel (Fanning, Lori) (Entered: 06/06/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 6/5/2013, Entered: None
MINUTE entry before Honorable Samuel Der-Yeghiayan: Kenneth M. Rehns' motion for leave to appear pro hac vice for Central States, Southeast and Southwest Areas Pension Fund 41 is granted and Badge Humphries' motion for leave to appear pro hac vice for National Pension Fund 42 is granted. Mailed notice. (ym, ) (Entered: 06/06/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 6/5/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8414249. (Humphries, Badge) (Entered: 06/05/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 5/23/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8375873. (Rehns, Kenneth) (Entered: 05/23/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 5/23/2013, Entered: None
MINUTE entry before Honorable Samuel Der-Yeghiayan: Motion hearing held. Motions to consolidate cases 14 , 17 , 20 , 24 , 25 , 31 are granted. Cases 13 C 2639 and 13 C 2691 are hereby reassigned and consolidated for all purposes with this instant action. Noticed motions dates of 05/28/13 and 05/30/13 are stricken as moot. Responses to motions for appointment of Lead Plaintiff and Lead and Liaison Counsel are to be filed by 06/06/13 and replies are to be filed by 06/13/13. Status hearing reset to 07/31/13 at 9:00 a.m. Status hearing set for 05/28/13 is stricken. Mailed notice (mw, ) (Entered: 05/23/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 5/21/2013, Entered: None
ATTORNEY Appearance for Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund by Brian O O'Mara (O'Mara, Brian) (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 5/21/2013, Entered: None
EXHIBIT B to the DECLARATION OF CAROL V. GILDEN (Doc. No. 32) by Central States, Southeast and Southwest Areas Pension Fund (Gilden, Carol) (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 5/21/2013, Entered: None
NOTICE by Central States, Southeast and Southwest Areas Pension Fund of RE-FILING OF EXHIBIT B TO THE DECLARATION OF CAROL V. GILDEN (Gilden, Carol) (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 5/21/2013, Entered: None
ATTORNEY Appearance for Plaintiff Jacksonville Police and Fire Pension Fund by Matthew Thomas Heffner (Heffner, Matthew) (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 5/20/2013, Entered: None
NOTICE of Motion by James E Barz for presentment of motion to reassign case, motion to consolidate cases, motion for miscellaneous relief,,,,,, 24 before Honorable Samuel Der-Yeghiayan on 5/23/2013 at 09:00 AM. (Barz, James) (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 5/20/2013, Entered: None
NOTICE of Motion by Lori Ann Fanning for presentment of motion to consolidate cases 31 before Honorable Samuel Der-Yeghiayan on 5/30/2013 at 09:00 AM. (Fanning, Lori) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 5/20/2013, Entered: None
MEMORANDUM by Harold M. DeNardi in support of motion to consolidate cases 31 Appoint Lead Plaintiff and Approve Lead Counsel (Attachments: # 1 Exhibit A - [Proposed] Order, # 2 Exhibit B- Press Release published on March 19, 2013, # 3 Exhibit C - Sworn Certification of Harold M. DeNardi, # 4 Exhibit D - Table reflecting the calculated losses incurred by Movant as a result of the transactions in Navistar International Corporation securities, # 5 Exhibit E Firm resume of Glancy Binkow & Goldberg LLP, # 6 Exhibit F - Firm Resume of Miller Law LLC)(Fanning, Lori) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 5/20/2013, Entered: None
DECLARATION of Carol V. Gilden regarding motion to consolidate cases 25 Appoint Lead Plaintiff and Approve Selection of Lead Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gilden, Carol) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 5/20/2013, Entered: None
MOTION by Movant Harold M. DeNardi to consolidate cases Motion for Consolidation, Appointment As Lead Plaintiff And Approval of Lead Counsel (Fanning, Lori) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 5/20/2013, Entered: None
MEMORANDUM by Central States, Southeast and Southwest Areas Pension Fund in support of motion to consolidate cases 25 Appoint Lead Plaintiff and Approve Selection of Lead Counsel (Gilden, Carol) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 5/20/2013, Entered: None
MEMORANDUM by Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund in support of motion to reassign case, motion to consolidate cases, motion for miscellaneous relief,,,,,, 24 (Barz, James) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 5/20/2013, Entered: None
NOTICE of Motion by Carol V Gilden for presentment of motion to consolidate cases 25 before Honorable Samuel Der-Yeghiayan on 5/23/2013 at 09:00 AM. (Gilden, Carol) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 5/20/2013, Entered: None
DECLARATION of Lori A. Fanning regarding memorandum in support of motion 23 Of Jane C. Purnell FBO Purnell Family Trust For Consolidation, Appointment As Lead Plaintiff, And Approval of Selection of Counsel (Attachments: # 1 Exhibit First Notice Published Pursuant to the PSLRA, # 2 Exhibit Certification of Jane Purnell FBO the Purnell Family Trust, # 3 Exhibit Loss Calculation for Jane Purnell FBO the Purnell Family Trust, # 4 Exhibit Firm resume of Finkelstein & Krinsk, # 5 Exhibit Firm Resume Miller Law LLC)(Fanning, Lori) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 5/20/2013, Entered: None
NOTICE of Motion by James E Barz for presentment of motion to reassign case, motion to consolidate cases, motion for miscellaneous relief,,,,,, 24 before Honorable Samuel Der-Yeghiayan on 5/28/2013 at 09:00 AM. (Barz, James) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 5/20/2013, Entered: None
MOTION by Movant Central States, Southeast and Southwest Areas Pension Fund to consolidate cases Appoint Lead Plaintiff and Approve Selection of Lead Counsel (Gilden, Carol) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 5/20/2013, Entered: None
MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund to reassign case , MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension Fund to consolidate cases , MOTION by Movants Arkansas Teacher Retirement System, Sheet Metal Workers' National Pension FundAppointment as Lead Plaintiff and Approval of Selection of Co-Lead Counsel (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Certifications, # 3 Exhibit C - Table of Transactions and Losses, # 4 Exhibit D - Joint Declaration, # 5 Exhibit E - Notice, # 6 Exhibit F - Labaton Sucharow Firm Resume, # 7 Exhibit G - Motley Rice Firm Resume)(Barz, James) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 5/20/2013, Entered: None
MEMORANDUM by Jane C. Purnell FBO Purnell Family Trust in support of motion to consolidate cases 20 Appoint Lead Plaintiff And Approve Selection of Counsel (Attachments: # 1 Text of Proposed Order Proposed Order)(Fanning, Lori) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 5/20/2013, Entered: None
ATTORNEY Appearance for Movant Central States, Southeast and Southwest Areas Pension Fund by Carol V Gilden (Gilden, Carol) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 5/20/2013, Entered: None
NOTICE of Motion by Lori Ann Fanning for presentment of motion to consolidate cases 20 before Honorable Samuel Der-Yeghiayan on 5/30/2013 at 09:00 PM. (Fanning, Lori) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 5/20/2013, Entered: None
MOTION by Movant Jane C. Purnell FBO Purnell Family Trust to consolidate cases Appoint Lead Plaintiff and Approval of Selection of Counsel (Fanning, Lori) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 5/20/2013, Entered: None
NOTICE of Motion by Kenneth A. Wexler for presentment of motion to consolidate cases 17 before Honorable Samuel Der-Yeghiayan on 5/28/2013 at 09:00 AM. (Wexler, Kenneth) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 5/20/2013, Entered: None
MEMORANDUM by Fulton County Employees Retirement Systems in support of motion to consolidate cases 17 Memorandum in Support of Motion for Consolidation, Appointment as Lead Plaintiff, and Approval of its Selection of Lead and Liaison Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Wexler, Kenneth) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 5/20/2013, Entered: None
MOTION by Intervenor Fulton County Employees Retirement Systems to consolidate cases Motion for Consolidation, Appointment as Lead Plaintiff, and Approval of its Selection of Lead and Liaison Counsel (Wexler, Kenneth) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 5/20/2013, Entered: None
MEMORANDUM by Jacksonville Police and Fire Pension Fund in support of motion to consolidate cases 14 and appointment of lead plaintiff (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Heffner, Matthew) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 5/20/2013, Entered: None
NOTICE of Motion by Matthew Thomas Heffner for presentment of motion to consolidate cases 14 before Honorable Samuel Der-Yeghiayan on 5/23/2013 at 09:00 AM. (Heffner, Matthew) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 5/20/2013, Entered: None
MOTION by Plaintiff Jacksonville Police and Fire Pension Fund to consolidate cases and appt of lead plaintiff (Heffner, Matthew) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 5/8/2013, Entered: None
ATTORNEY Appearance for Defendants Andrew J. Cederoth, Navistar International Corporation, Daniel C. Ustian by Eric Robert Swibel (Swibel, Eric) (Entered: 05/08/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 5/8/2013, Entered: None
ATTORNEY Appearance for Defendants Andrew J. Cederoth, Navistar International Corporation, Daniel C. Ustian by Matthew Lawrence Kutcher (Kutcher, Matthew) (Entered: 05/08/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 5/8/2013, Entered: None
ATTORNEY Appearance for Defendants Andrew J. Cederoth, Navistar International Corporation, Daniel C. Ustian by Robin M. Hulshizer (Hulshizer, Robin) (Entered: 05/08/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 5/8/2013, Entered: None
ATTORNEY Appearance for Defendants Andrew J. Cederoth, Navistar International Corporation, Daniel C. Ustian by Sean M. Berkowitz (Berkowitz, Sean) (Entered: 05/08/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 3/25/2013, Entered: None
ATTORNEY Appearance for Plaintiff Construction Workers Pension Trust Fund -- Lake County and Vicinity by Danielle S. Myers (Myers, Danielle) (Entered: 03/25/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 3/22/2013, Entered: None Court Filing
MINUTE entry before Honorable Samuel Der-Yeghiayan: Initial status hearing set for 05/28/13 at 9:00 a.m. At least four working days before the initial status hearing, the parties shall conduct a FRCP 26(f) conference and file a joint written Initial Status Report, not to exceed five pages in length, and file the Court's Joint Jurisdictional Status Report and deliver courtesy copies to this Court's Courtroom Deputy in Room 1908. The Court's standing orders on the Initial Status Report and Joint Jurisdictional Status Report maybe obtained from Judge Der-Yeghiayan's web page or from this Court's Courtroom Deputy. Counsel for the Plaintiff is warned that failure to serve summons and complaint on Defendants will result in a dismissal of the action and/or a dismissal of that Defendant not properly served pursuant to FRCP 4. Counsel for Plaintiff is further directed to file with the Clerk of Court, the appropriate returns of service and/or waivers of service. Mailed notice (mw, ) (Entered: 03/22/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 3/21/2013, Entered: None
WAIVER OF SERVICE returned executed by Construction Workers Pension Trust Fund -- Lake County and Vicinity. Andrew J. Cederoth waiver sent on 3/20/2013, answer due 5/20/2013. (Barz, James) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 3/21/2013, Entered: None
WAIVER OF SERVICE returned executed by Construction Workers Pension Trust Fund -- Lake County and Vicinity. Daniel C. Ustian waiver sent on 3/20/2013, answer due 5/20/2013. (Barz, James) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 3/21/2013, Entered: None
WAIVER OF SERVICE returned executed by Construction Workers Pension Trust Fund -- Lake County and Vicinity. Navistar International Corporation waiver sent on 3/20/2013, answer due 5/20/2013. (Barz, James) (Entered: 03/21/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 3/19/2013, Entered: None
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Construction Workers Pension Trust Fund -- Lake County and Vicinity (Barz, James) (Entered: 03/19/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 3/19/2013, Entered: None
ATTORNEY Appearance for Plaintiff Construction Workers Pension Trust Fund -- Lake County and Vicinity by James E Barz (Barz, James) (Entered: 03/19/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 3/19/2013, Entered: None
CIVIL Cover Sheet (Barz, James) (Entered: 03/19/2013)
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Blank 1 Filed: 3/19/2013, Entered: None
COMPLAINT filed by Construction Workers Pension Trust Fund -- Lake County and Vicinity; Jury Demand. Filing fee $ 350, receipt number 0752-8158139. (Attachments: # 1 Plaintiff Certification)(Barz, James) (Entered: 03/19/2013)
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