Bukovac v. Central States Fund (4:14-cv-02750), Ohio Northern District Court

Bukovac v. Central States Fund

Ohio Northern District Court
Judge:	Benita Y Pearson
Case #:	4:14-cv-02750
Nature of Suit	791 Labor - Employee Retirement Income Security Act
Cause	29:1132 E.R.I.S.A.-Employee Benefits

Case Filed:	Dec 16, 2014
Re-opened:	Jul 07, 2015
Terminated:	Sep 20, 2016

Docket
Parties (2)

Last checked: Monday Jun 15, 2015 9:10 AM EDT

Defendant Central States Pension Fund	Represented By Francis J. Carey Central States, Se & Sw Areas, Health, Welfare & Pension contact info David A. Posner Baker & Hostetler contact info
Plaintiff Thomas J. Bukovac 1741 Pointview Youngstown, OH 44502	Represented By Mark A. Hanni contact info

Docket last updated: 9 hours ago

Tuesday, September 20, 2016
37		37 order Judgment Tue 09/20 5:47 PM Judgment Entry This Court, having filed its Findings of Fact and Conclusions of Law, hereby enters judgment on the Administrative Record in favor of Defendant Central States, Southeast and Southwest Areas Pension Fund and against Plaintiff Thomas J. Bukovac. Judge Benita Y. Pearson on 9/20/2016. (JLG) Related: [-]
36		36 order Findings of Fact & Conclusions of Law Tue 09/20 5:45 PM Findings of Fact and Conclusions of Law After considering the parties' positions regarding the administrative record, the Court enters final judgment in favor of Central States and against Bukovac. Judge Benita Y. Pearson on 9/20/2016. Related document(s)1 ,24 ,25 . (JLG) Modified to create links on 9/20/2016 (JLG) Related: [-]
Wednesday, January 06, 2016
35		35 notice Notice Wed 01/06 4:13 PM Defendant Central States Pension Fund's Notice of Supplemental Authority filed by Central States Pension Fund.(Posner, David) Related: [-]
		Att: 1 Supplement U.S. Court of Appeals, Sixth Circuit's December 29, 2015 Decision in Local Union No. 392 v. B & B Mechanical Sevices
Tuesday, November 17, 2015
34		34 notice Notice Tue 11/17 11:25 AM Notice of Disposition of Case Cited by Defendant filed by Central States Pension Fund. Related document(s)29 ,25 .(Posner, David) Related: [-]
Thursday, October 22, 2015
33		33 trial Proposed Findings of Fact Thu 10/22 10:50 AM Proposed Findings of Fact and Conclusions of Law filed by Thomas J. Bukovac. (Hanni, Mark) Related: [-]
Wednesday, October 21, 2015
32		32 order Order on Motion for leave Wed 10/21 5:00 PM Order For good cause shown, Plaintiff's Motion for Leave to File Proposed Findings of Fact and Conclusions of Law Instanter (ECF No.30 ) is granted. Plaintiff shall forthwith file his Proposed Findings of Fact and Conclusions of Law. Judge Benita Y. Pearson on 10/21/2015. (JLG) Related: [-]
Tuesday, October 20, 2015
31		31 resp Response Tue 10/20 3:55 PM Response to30 Motion for leave to File Plaintiff's Proposed Findings of Fact and Conclusions of Law filed by Central States Pension Fund. (Posner, David) Related: [-]
Friday, October 16, 2015
30		30 motion Leave Fri 10/16 12:35 PM Motion for leave to File Plaintiff's Proposed Findings of Fact and Conclusions of Law filed by Plaintiff Thomas J. Bukovac.(Hanni, Mark) Related: [-]
		Att: 1 Exhibit Plaintiff's Proposed Findings of Fact and Conclusions of Law
Friday, October 09, 2015
29		29 trial Proposed Findings of Fact Fri 10/09 2:26 PM Proposed Findings of Fact and Conclusions of Law filed by Central States Pension Fund. (Posner, David) Related: [-]
28		28 oth_ans Response/Reply/Sur-Reply Fri 10/09 2:20 PM Response to Plaintiff's Opening Brief filed by Central States Pension Fund. Related document(s)24 . (Posner, David) Related: [-]
27		27 resp Response Fri 10/09 11:52 AM Response to25 Motion for judgment as a matter of law and Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc. 150 F.3d 609 (6th Cir. 1998) filed by Thomas J. Bukovac. (Hanni, Mark) Related: [-]
Monday, September 28, 2015
26		26 oth_doc Affidavit/Declaration Mon 09/28 12:40 PM Affidavit/Declaration As to Form of Memorandum in Support of Motion for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th cir. 1998) filed by Central States Pension Fund. Related document(s)25 . (Posner, David) Related: [-]
25		25 motion Judgment as a Matter of Law Mon 09/28 12:03 PM Motion for judgment as a matter of law and Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc. 150 F.3d 609 (6th Cir. 1998) filed by Defendant Central States Pension Fund.(Posner, David) Related: [-]
		Att: 1 Brief in Support Memorandum in Support of Central States, Southeast and Southwest Areas Pension Fund's Motion for Judgment Pursuant to the Guidelines in Wilkins v. Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir. 1998),
		Att: 2 Exhibit Attachment 1 - Affidavit of Albert E. Nelson,
		Att: 3 Exhibit Attachment 2 - Unreported Cases
24		24 trial Pre-Trial Brief Mon 09/28 7:33 AM Pre-Trial Brief (Opening Brief of Plaintiff Thomas J. Bukovac) filed by Thomas J. Bukovac. (Hanni, Mark) Related: [-]
Friday, August 28, 2015
23		23 notice Notice Fri 08/28 10:39 AM Defendant's Notice of Filing of Administrative Record and Determination Letter filed by Central States Pension Fund.(Posner, David) Related: [-]
		Att: 1 Table of Contents of Administrative Record,
		Att: 2 Administrative Record,
		Att: 3 Table of Contents of Determination Letter,
		Att: 4 Determination Letter
Wednesday, August 19, 2015
22		22 order Case Management Conference Plan/Order Wed 08/19 5:50 PM Case Management Conference Plan/Order. Case is assigned to the standard track, and is not suitable for Alternative Dispute Resolution at this time. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Defendant shall file the administrative record on or before 8/28/2015. On or before 9/28/2015, the parties shall serve and file opening briefs contemplated by Wilkins v. Baptist Healthcare System, Inc. The parties shall serve and file a reply brief, if any, on or before 10/9/2015. There shall be no discovery in this case except as set forth in Wilkins . Counsel for each of the parties shall prepare Proposed Findings of Fact and Conclusions of Law, which shall be filed with the Court and served upon opposing counsel on or before 10/9/2015. Judge Benita Y. Pearson on 8/19/2015. (JLG) Related: [-]
		minutes Case Management Conference Wed 08/19 5:44 PM Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 8/19/2015. Present were Attorney Mark A. Hanni as counsel for Plaintiff; Attorneys Francis J. Carey and David A. Posner as counsel for Defendant; Albert Nelson (Benefit Director for Defendant); and, John Young (Director of Defendant). Plaintiff failed to appear. (Court Reporter: None); Time: 18 Minutes. (JLG) Related: [-]
Monday, August 17, 2015
21		21 oth_evt Notice of Hearing or Conference Mon 08/17 4:34 PM IMPORTANT Notice: The Telephonic Case Management Conference is reset for 8/19/2015 at 10:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. (JLG) Related: [-]
Thursday, August 13, 2015
20		20 notice Preliminary Estimate/Budget of Amount of Fees and Expenses Thu 08/13 7:37 AM Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Thomas J. Bukovac. (Hanni, Mark) Related: [-]
Wednesday, August 05, 2015
19		19 notice Preliminary Estimate/Budget of Amount of Fees and Expenses Wed 08/05 3:04 PM Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Central States Pension Fund. (Posner, David) Related: [-]
Monday, August 03, 2015
		order Order Mon 08/03 11:17 AM Order [non-document] The Case Management Conference is converted to a Telephonic Case Management Conference to be held on 8/19/2015 at 1:30 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiff is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Judge Benita Y. Pearson on 8/3/2015. (JLG) Related: [-]
Friday, July 31, 2015
18		18 notice Report of Parties Planning Meeting Fri 07/31 2:13 PM Report of Parties' Planning Meeting Discovery Plan , parties do not consent to this case being assigned to the magistrate judge, filed by Central States Pension Fund. (Posner, David) Related: [-]
Tuesday, July 07, 2015
17		17 order Case Management Conference Scheduling Order Tue 07/07 1:12 PM Case Management Conference Scheduling Order with Case Management Conference to be held on 8/19/2015 at 1:30 p.m. at Chambers 313 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 7/7/2015. (JLG) Related: [-]
		Att: 1 Attachment No. 1,
		Att: 2 Attachment No. 2,
		Att: 3 Attachment No. 3,
		Att: 4 Attachment No. 4
16		16 order Order - Reopen Case Order Lifting Stay Tue 07/07 1:00 PM Order For the reasons set forth herein, the Joint Motion to Lift Stay (ECF No.15 ) is granted. This case shall be reopened on the Court's active docket. All counsel will take notice that the above-entitled action will be reset for a Case Management Conference by separate Order of the Court. Judge Benita Y. Pearson on 7/7/2015. (JLG) Related: [-]
Wednesday, April 29, 2015
15		15 motion Lift Stay Wed 04/29 6:30 PM Joint Motion to lift stay filed by Plaintiff Thomas J. Bukovac. Related document(s)14 . (Hanni, Mark) Related: [-]
Thursday, March 12, 2015
14		14 order Order Staying Case Order Dismissing Case Thu 03/12 10:49 AM Order For the reasons set forth herein, all proceedings in this action are stayed and the case administratively closed pending further order of this Court. Defendant's Motion to Dismiss Case (ECF No.9 ) and Motion to Strike Plaintiff's Jury Demand (ECF No.11 ) are denied as moot and may be resubmitted if the case is reopened. The Case Management Conference set for 3/23/2015 at 11:00 a.m. is vacated. See Order for additional information and requirements. Judge Benita Y. Pearson on 3/12/2015. Related document(s)9 ,11 ,12 ,13 . (JLG) Related: [-]
Wednesday, March 11, 2015
13		13 notice Notice Wed 03/11 12:07 PM Defendant's Notice That It Has No Objection to the Proposed Order Filed by Plaintiff on March 10, 2015 filed by Central States Pension Fund. Related document(s)12 .(Posner, David) Related: [-]
Tuesday, March 10, 2015
12		12 notice Notice Tue 03/10 10:55 AM Proposed Order filed by Thomas J. Bukovac. Related document(s)9 .(Hanni, Mark) Related: [-]
Friday, February 20, 2015
11		11 motion Strike Fri 02/20 12:37 PM Motion to strike Plaintiff's Jury Demand filed by Defendant Central States Pension Fund. Related document(s)1 .(Posner, David) Related: [-]
		Att: 1 Brief in Support of Defendant's Motion to Strike Plaintiff's Jury Demand,
		Att: 2 Exhibit Curtis v. Alcoa, Inc.,
		Att: 3 Exhibit Reese v. IBEW Local 82 Pension Plan,
		Att: 4 Exhibit Van Loo v. Cajun Operating Company,
		Att: 5 Exhibit Sloan v. Borgwarner Flexible Benefit Plans, et al
Tuesday, February 17, 2015
10		10 oth_doc Supplement Tue 02/17 2:33 PM Supplement Certification Pertaining to Brief in Support to9 Motion to dismiss case filed by Central States Pension Fund. Related document(s)9 . (Posner, David) Related: [-]
9		9 motion Dismiss Case Tue 02/17 2:27 PM Motion to dismiss case filed by Defendant Central States Pension Fund. Related document(s)1 .(Posner, David) Related: [-]
		Att: 1 Brief in Support of Defendant Central States to Motion to Dismiss Complaint,
		Att: 2 Affidavit of Albert E. Nelson,
		Att: 3 Exhibit A to Affidavit of Albert E. Nelson,
		Att: 4 Exhibit Fillingim v. Central States,
		Att: 5 Exhibit Evans v. Laborers' District Council and Contractors' Pension Fund of Ohio
Tuesday, February 10, 2015
8		8 order Case Management Conference Scheduling Order Tue 02/10 4:37 PM Case Management Conference Scheduling Order with Case Management Conference to be held on 3/23/2015 at 11:00 a.m. at Chambers 313 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 2/10/2015. (JLG) Related: [-]
		Att: 1 Attachment No. 1,
		Att: 2 Attachment No. 2,
		Att: 3 Attachment No. 3,
		Att: 4 Attachment No. 4
Thursday, February 05, 2015
7		7 order Order on Motion to appear pro hac vice Thu 02/05 12:03 PM Order granting Motion for appearance pro hac vice by Attorney Francis J. Carey for Central States Pension Fund. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Related [+]. Judge Benita Y. Pearson on 2/5/2015. (JLG) Related: [-] 6
Wednesday, February 04, 2015
		order Order on Motion for leave Wed 02/04 3:47 PM Order [non-document] granting5 Stipulated Motion for Leave to Plead until 2/27/2015. Judge Benita Y. Pearson on 2/4/2015.(JLG) Related: [-]
Tuesday, February 03, 2015
6		6 motion Appear Pro Hac Vice Tue 02/03 11:30 AM Motion for Admission of Francis J. Carey Pro Hac Vice Filing fee $ 120, receipt number 0647-6940575, filed by Defendant Central States Pension Fund.(Posner, David) Related: [-]
		Att: 1 Exhibit A - Affidavit of Francis J. Carey
5		5 motion Leave Tue 02/03 11:22 AM Stipulated Motion for leave to Plead filed by Defendant Central States Pension Fund. Related document(s)1 . (Posner, David) Related: [-]
4		4 notice Corporate Disclosure Statement Tue 02/03 11:18 AM Corporate Disclosure Statement filed by Central States Pension Fund. (Posner, David) Related: [-]
3		3 notice Attorney Appearance Tue 02/03 11:15 AM Attorney Appearance by David A. Posner filed by on behalf of Central States Pension Fund. (Posner, David) Related: [-]
Tuesday, December 16, 2014
2		2 oth_evt Summons Issued Tue 12/16 9:46 AM Original Summons and Magistrate Consent Form issued to counsel for service upon Central States Pension Fund. (S,CK) Related: [-]
		Att: 1 Magistrate Consent Form
1		1 cmp Complaint Tue 12/16 8:32 AM Complaint with jury demand against Central States Pension Fund. Filing fee paid $ 400, Receipt number 0647-6873001. Filed by Thomas J. Bukovac. (Hanni, Mark) Modified to note Complaint unsigned, filer notified on 12/16/2014 (S,CK) Related: [-]
		Att: 1 Exhibit 1 Letter dated February 7, 2014,
		Att: 2 Exhibit 2 Letter dated March 12, 2014,
		Att: 3 Exhibit 3 Pension Plan Provisions,
		Att: 4 Civil Cover Sheet,
		Att: 5 Summons Central States Pension Fund
		utility Add and Terminate Judge Tue 12/16 9:35 AM Judge Benita Y. Pearson assigned to case. (S,CK) Related: [-]
		oth_evt Random Assignment of Magistrate Judge Tue 12/16 9:36 AM Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (S,CK) Related: [-]

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