Case Details

CourtNorthern District of Ohio
Docket number3:03-cv-07225
Date case filed2003-05-08
Date case closed2004-01-07
Date of latest filing
Assigned toJudge David A. Katz
Case cause28:1132 E.R.I.S.A.
Nature of suit791 Labor: E.R.I.S.A.
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Frank Kieswether
Party type: Plaintiff
Attorney name: Eben O. McNair , IV
Attorney Contact:
Schwarzwald & McNair
616 Penton Media Bldg.
1300 East Ninth Street
Cleveland, OH 44114-1503
216-566-1600
Fax: 216-566-1814
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John E. Stember
Attorney Contact:
Stember Cohn & Davidson-Welling
1616 Allegheny Bldg.
429 Forbes Avenue
Pittsburgh, PA 15219
412-338-1445
Fax: 412-338-1446
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William T. Payne
Attorney Contact:
Stember Feinstein Doyle Payne & Kravec
17th Floor
429 Forbes Avenue
Pittsburgh, PA 15219
412-492-8797
Fax: 412-281-1007
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Larry Alford
Party type: Plaintiff
Attorney name: Eben O. McNair , IV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John E. Stember
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William T. Payne
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: United Steel Workers of America, AFL CIO/CLC
Party type: Plaintiff
Attorney name: Eben O. McNair , IV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John E. Stember
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William T. Payne
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Rexam, Inc.
Party type: Defendant
formerly doing business asAmerican National Can Company
Attorney name: Richard S. Walinski
Attorney Contact:
Thacker Martinsek - Toledo
10th Floor
1000 Edison Plaza
300 Madison Avenue
Toledo, OH 43604
419-931-6936
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Nicole L Gardner
Attorney Contact:
Moore & Van Allen
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003
704-331-
Fax: 704-331-1159
ATTORNEY TO BE NOTICED

Attorney name: Jennifer Wyn Steves
Attorney Contact:
Cosme, D'Angelo & Szollosi
202 North Erie Street
Toledo, OH 43604
419-244-8989
Fax: 419-244-8990
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Rexam Retired Employees Group Insurance Plan
Party type: Defendant
Attorney name: Nicole L Gardner
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jennifer Wyn Steves
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Richard S. Walinski
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Does 1 through 20
Party type: Defendant
Attorney name: Jennifer Wyn Steves
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12003-05-08 Complaint with jury demand (NO summons and Magistrate Consent Forms issued) against Does 1 through 20, Rexam Retired Employees Group Insurance Plan, Rexam, Inc.. Filed by Larry Alford, Frank Kieswether, United Steel Workers of America, AFL CIO/CLC. Filing fee paid; receipt number 315758. (Attachments: # 1 Civil Cover Sheet)(N, D) (Entered: 05/09/2003)
22003-05-08 Notice of Placement of case in the CM/ECF Docketing System (N, D) (Entered: 05/09/2003)
32003-05-15 Order by Judge Potter returning case to clerk for reassignment; Case is hereby reassigned to the docket of Judge David A. Katz (A, P) (Entered: 05/15/2003)
42003-06-04 Waiver of Summons by Rexam, Inc. (formerly doing business as American National Can Company) returned. Waiver mailed on May 20, 2003 filed by all plaintiffs. (McNair, IV, Eben) (Entered: 06/04/2003)
52003-06-04 Waiver of Summons by Rexam Retired Employees Group Insurance Plan returned. Waiver mailed on May 20, 2003 filed by all plaintiffs. (McNair, IV, Eben) (Entered: 06/04/2003)
62003-06-09 Motion for appearance pro hac vice of William T. Payne, Esq. and John Stember, Esq. filed by all plaintiffs. (Attachments: # 1 Exhibit 1 (Affidavit of William T. Payne, Esq.)# 2 Exhibit 2 (Affidavit of John Stember, Esq.))(McNair, IV, Eben) (Entered: 06/09/2003)
72003-06-12 MARGINAL ENTRY ORDER granting plaintiffs' motion for attorneys Stember and Payne to appear pro hac vice. Judge David A. Katz. (Related Doc # 6 ) (B, C) Modified on 6/18/2003 (N, D). (Entered: 06/12/2003)
82003-06-24 Proposed Stipulation Extending Defendants' Time to Answer Complaint until 8/4/03 filed by parties (Walinski, Richard) Modified text on 6/25/2003 (N, D). (Entered: 06/24/2003)
92003-06-24 MARGINAL ENTRY ORDER granting defts ext of time to 8/4/03 to plead. Judge David A. Katz. (B, C) (Entered: 06/24/2003)
102003-06-24 ORDER. Judge David A. Katz. This case is hereby ordered into the Court's Electronic Filing System (ECF). All pleadings/orders shall be filed electronically. (B, C) (Entered: 06/24/2003)
112003-06-24 Case Management Conference Scheduling Notice. CMC to be held on 8/11/2003 at 02:30 PM at Chambers 210 (Recommended Track: Standard) (B, C) (Entered: 06/24/2003)
122003-07-24 Motion for appearance pro hac vice of Nicole L. Gardner, Esq. filed by all defendants. (Attachments: # 1)(Steves, Jennifer) (Entered: 07/24/2003)
132003-07-24 Motion for appearance pro hac vice of James P. McLoughlin, Jr., Esq. filed by all defendants. (Attachments: # 1)(Steves, Jennifer) (Entered: 07/24/2003)
142003-07-24 Motion for appearance pro hac vice of Mark A. Nebrig, Esq. filed by all defendants. (Attachments: # 1)(Steves, Jennifer) (Entered: 07/24/2003)
152003-07-24 Motion for appearance pro hac vice of G. Scott Humphrey, Esq. filed by all defendants. (Attachments: # 1)(Steves, Jennifer) (Entered: 07/24/2003)
162003-07-25 ORDER granting deft Rexam's motions for attorneys Nicole Gardner, James McLoughlin, MArk Nebrig & G. Scott Humphrey's to appear pro hac vice 12 , 13 ), (Related Doc # 14 ) (Related Doc # 15 ). Signed by Judge David A. Katz on 7/25/03. (B, C) (Entered: 07/25/2003)
172003-08-04 Stipulated Motion for extension of time to answer complaint an additional 60 days and that Case Management Conference scheduled for 8/11/03 be postponed 60 days filed by all parties. (Walinski, Richard) Modified on 8/7/2003 (N, D). (Entered: 08/04/2003)
182003-08-05 STIPULATION& ORDER Defendants granted extension to answer until 10 days after decision in 03CV 2998 in District of Minnesota, CMC set 8/11/03 vacated for 60 days (Related Doc # 17 ). Signed by Judge David A. Katz on 8/5/03.(G, C) Modified on 8/7/2003 (N, D). (Entered: 08/05/2003)
192003-08-05 Motion for class certification filed by all plaintiffs. (Payne, William) (Entered: 08/05/2003)
202003-08-05 Brief in support of motion for class certification filed by all plaintiffs. (Related document(s) 19 ) (Payne, William) (Entered: 08/05/2003)
212003-08-05 Declaration of William T. Payne Certifying Page Limit Applicable To Plaintiffs' Brief In Support Of Motion For Class Certification filed by all plaintiffs. (Related document(s) 19 , 20 ) (Payne, William) Modified on 8/7/2003 (N, D). (Entered: 08/05/2003)
222003-08-05 Affidavit Of William T. Payne In Support Of Motion For Class Certification filed by all plaintiffs. (Attachments: # 1 Exhibit A (Minnesota Amended Complaint)# 2 Exhibit B (Defs. Brief supporting dismissal of Minnesota Action)# 3 Exhibit C (Payne bio)# 4 Exhibit D (Stember bio)# 5 Exhibit E (McNair bio)# 6 Exhibit F (Porcaro bio))(Related document(s) 19 ) (Payne, William) Modified on 8/7/2003 (N, D). (Entered: 08/05/2003)
232003-08-15 Proposed Stipulation filed by all parties. (Walinski, Richard) (Entered: 08/15/2003)
242003-08-21 STIP & ORDER. All present and/or future due dates, filing dates, cut-off periods and/or deadlines, including response to pltf's motion for class cert are extended until after the USDC for the District of Minnesota issues it's decision. Parties to immediately file status report with the Court upon the issuance of decision. Signed by Judge David A. Katz on 8/21/03. (B, C) (Entered: 08/21/2003)
252003-12-17 Motion to dismiss Pursuant To Rule 41(a) filed by all plaintiffs. (Attachments: # 1 Exhibit 1 (Memorandum Opinion and Order)# 2 Exhibit 2 (Answer and Counterclaim)# 3 Exhibit A to Answer and Counterclaim# 4 Exhibit B to Answer and Counterclaim# 5 Exhibit C to Answer and Counterclaim# 6 Proposed Order)(McNair, IV, Eben) (Entered: 12/17/2003)
262004-01-05 Proposed Stipulation regarding Rule 41 dismissal filed by all defendants. (Walinski, Richard) Modified on 1/6/2004 (N, D). (Entered: 01/05/2004)
272004-01-07 ORDER of Case Dismissal 25 & 26 Pursuant to FRCP 41(a) and consistent with the MEMO & ORDER iss'd 10/30/03 in the District of Minnesota, this action is hereby dismissed w/out prejudice. This dismissal is granted w/stip & consent of the deft. Signed by Judge David A. Katz on 1/7/04. (B, C) (Entered: 01/07/2004)