Case: Cooper v. IBM Personal Pension Plan

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT Filing fee pd $ 150.00 receipt # 300 63667 (car) (Entered: 11/02/1999)

Magistrate identification: Mag/Judge Clifford J. Proud (car) (Entered: 11/02/1999)

ADMINISTRATIVE ORDER #138 Case reassigned to Judge G. P. Murphy (cc: all counsel) (myz) (Entered: 11/16/1999)

AMENDED COMPLAINT [1−1] by plaintiff Kathi Cooper (dmb) (Entered: 12/09/1999)

CJRA Track C assigned by Judge G. P. Murphy; trial set for presumptive month of 3/01 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (dmb) (Entered: 01/05/2000)

MOTION by plaintiff Kathi Cooper to certify class action (tjh) (Entered: 01/25/2000)

MEMORANDUM by plaintiff Kathi Cooper in support of motion to certify class action [5−1] (tjh) (Entered: 01/25/2000)

STIPULATION (MOTION) by defendant IBM Corporation, defendant IBM Personal Pension, and plaintiff Kathi Cooper to extend time to answer (tjh) (Entered: 02/22/2000)

ORDER by Mag/Judge Clifford J. Proud granting motion to extend time to 3/14/00 to answer [7−1] (cc: all counsel) (dmw) (Entered: 02/24/2000)

CONSENT MOTION by Ameritech for extension of time to answer the complaint (fe) (Entered: 03/15/2000)

NOTICE of hearing re motion for class certification [5−1] ORAL ARGUMENTS set 1:30 PM on 4/17/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 03/14/2000)

ORDER by Judge G. P. Murphy granting motion for extension of time to answer the complaint [10−1]; defendants shall answer the amended complaint on or before 4/03/00 [3−1] ; status conf set for 1:30 PM on 4/17/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL; brief ddl set 4/3/00 . The Court will address the need for a briefing schedule on plaintiff's motion for class certification [5−1] at the status conference (cc: all counsel) (myz) (Entered: 03/23/2000)

NOTICE of Telephone Sched/Disc Conf set for 9:00 AM on 5/15/00 before Mag/Judge Clifford J. Proud in the USDC/East St. Louis, IL (cc: all counsel) (dmw) (Entered: 03/31/2000)

ANSWER by defendant IBM Corporation, defendant IBM Personal Pension to [3−1] with affirmative defenses (acm) (Entered: 04/05/2000)

MINUTES (lc) of hearing on status conference before Judge G. P. Murphy ; Status conference held 4/17/00 motion to class action [5−1] resp due 5/12/00 ; Court will notify Magistrate Judge Clifford J. Proud to cancel conf set for 5/15/00 at 9:00 AM (C/R: Molly Clayton) (dmw) (Entered: 04/25/2000)

MOTION by defendant IBM Corporation, defendant IBM Personal Pension to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction (acm) (Entered: 05/15/2000)

BRIEF (MEMORANDUM) by defendant IBM Corporation, defendant IBM Personal Pension in support of motion to dismiss Count I of the First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (acm) (Entered: 05/15/2000)

MEMORANDUM by defendant IBM Corporation, defendant IBM Personal Pension in opposition to motion to certify class action [5−1] (acm) (Entered: 05/15/2000)

NOTICE of hearing re motion to dismiss [15−1],motion for class certification [5−1] ORAL ARGUMENTS set 3:00 PM on 7/31/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 05/19/2000)

MOTION by plaintiff Kathi Cooper to extend time to file reply in support of motion for class certification and memo in opposition to defendants' motion to dismiss (acm) (Entered: 06/06/2000)

ORDER by Judge G. P. Murphy granting motion to extend time to file reply in support of motion for class certification and memo in opposition to defendants' motion to dismiss [20−1]; motion to certify class action [5−1] reply due 6/19/00 (cc: all counsel) (myz) (Entered: 06/12/2000)

NOTICE of change of address as to attorney William K. Carr (myz) (Entered: 06/23/2000)

MOTION by plaintiff Kathi Cooper to file reply in support of motion for class certification in excess of page limitation (myz) (Entered: 06/23/2000)

MEMORANDUM by plaintiff Kathi Cooper in opposition to motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (myz) . (Entered: 06/23/2000)

VOLUME NUMBER 2 created, beginning with document number 24. (myz) (Entered: 07/11/2000)

VOLUME NUMBER 3 created, beginning with document number 25. (myz) (Entered: 07/11/2000)

ORDER by Judge G. P. Murphy granting motion to file reply in support of motion for class certification in excess of page limitation [23−1] (cc: all counsel) (myz) (Entered: 06/30/2000)

REPLY by plaintiff Kathi Cooper in support to motion to certify class action [5−1] (myz) (Entered: 06/30/2000)

CONSENT MOTION by defendant IBM Corporation, defendant IBM Personal Pension to extend time to reply to plaintiff's response in opposition to defendants motion opposing class certification and motion to dismiss (myz) (Entered: 06/30/2000)

NOTICE of hearing re motion for class certification [5−1] ORAL ARGUMENTS RESET at 1:30 PM on 8/21/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 06/29/2000)

REPLY by defendant IBM Corporation, defendant IBM Personal Pension to response to motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (myz) (Entered: 07/11/2000)

ORDER by Judge G. P. Murphy denying motion to extend time to reply to plaintiff's response in opposition to defendants motion opposing class certification [28−1]. As to the request for additional time to file a reply in support of defendants' motion to dismiss, however, the motion for extension of tim eis granted. Defendants' reply shall be filed no later than 7/06/00 (cc: all counsel) (myz) (Entered: 07/11/2000)

NOTICE of hearing re motion for class certification [5−1] ORAL ARGUMENTS set 1:30 PM on 9/5/00 before Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (lmc) (Entered: 07/18/2000)

MOTION by defendants for leave to supplement pending motion papers (four recent cases attached) (acm) Modified on 09/07/2000 (Entered: 08/31/2000)

MEMORANDUM by plaintiff Kathi Cooper in opposition to motion for leave to supplement pending motion papers [32−1] (tjh) (Entered: 08/31/2000)

ORDER by Judge G. P. Murphy granting motion for leave to supplement pending motion papers (four recent cases are attached to) [32−1] (cc: all counsel) (acm) Modified on 09/07/2000 (Entered: 09/07/2000)

SUPPLEMENTAL MEMORANDUM by defendant IBM Corporation, defendant IBM Personal Pension on the standing issue re motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (tjh) (Entered: 09/13/2000)

SUPPLEMENTAL SUBMISSION by plaintiff Kathi Cooper re motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction [15−1] (tjh) (Entered: 09/14/2000)

MOTION by plaintiff Kathi Cooper for leave to file second amended complaint (tjh) (Entered: 09/20/2000)

RESPONSE by defendant IBM Corporation, defendant IBM Personal Pension to motion for leave to file second amended complaint [38−1] (tjh) (Entered: 10/11/2000)

ORDER by Chief Judge G. P. Murphy granting motion for leave to file second amended complaint [38−1], denying motion to dismiss Count I of First Amended Complaint insofar as it relates to the 1999 plan amendments and Count II in its entirety for lack of subject matter jurisdiction as moot [15−1], dismissing without prejudice to refiling motion to certify class action [5−1]; directing the clerk to file secind amended complaint instanter ; brief ddl set for 11/15/00 for parties to agree to a schedule including a deadline for discovery related related to the class certification and once the briefing is complete the motion for class certification will be set for hearing (cc: all counsel) (fe) (Entered: 10/18/2000)

SECOND AMENDED COMPLAINT [3−1] by plaintiff Kathi Cooper, terminating unknown Ameritech; adding Beth Harrington, Matthew Hillesheim (fe) (Entered: 10/18/2000)

MOTION by defendants for extension of time of responsive pleading date from November 1 to November 8, 2000 (fe) (Entered: 11/03/2000)

ORDER by Mag/Judge Clifford J. Proud granting motion for extension of time of responsive pleading date from November 1 to November 8, 2000 [42−1] (cc: all counsel) (tjh) (Entered: 11/09/2000)

ANSWER by defendant IBM Corporation, defendant IBM Personal Pension to second amended complaint [41−1] (tjh) (Entered: 11/09/2000)

ATTORNEY APPEARANCE for plaintiff Kathi Cooper by William K. Carr (fe) (Entered: 11/17/2000)

JOINT REPORT of parties and proposed scheduling and discovery order by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim received and submitted to Mag/Judge Clifford J. Proud (tjh) Modified on 11/14/2000 (Entered: 11/14/2000)

TRANSCRIPT of Motion for Class Certification; held 9/5/00; 1 volume(s) Court Reporter: Molly Clayton (tjh) (Entered: 11/16/2000)

ORDER by Mag/Judge Clifford J. Proud adopting joint report of the parties regarding class certification briefing schedule ... see order for specifics ... (cc: all counsel) (tjh) (Entered: 11/21/2000)

ORDER by Chief Judge G. P. Murphy of the following: plaintiffs shall file renewed motion for class certification (brief ddl set) on or before 12/20/00; defendants' shall file response on or before 1/22/01; plaintiffs shall file reply on or before 1/29/01 motion for class certification [5−1] is set for hearing on 1:30 PM on 2/12/01 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (tjh) (Entered: 11/21/2000)

RENEWED MOTION by plaintiffs Kathi Cooper, Beth Harrington, Matthew Hillesheim for class certification (myz) (Entered: 12/28/2000)

MEMORANDUM by plaintiffs Kathi Cooper, Beth Harrington, Matthew Hillesheim in support of motion for class certification [48−1] (myz) (Entered: 12/28/2000)

CONSENT MOTION by defendant IBM Corporation for extension of time to file response to motion for class certification (tjh) (Entered: 01/24/2001)

ORDER by Chief Judge G. P. Murphy granting motion for extension of time to file response to motion for class certification [50−1], motion for class certification [48−1] resp due 1/29/01 (cc: all counsel) (dmw) (Entered: 01/29/2001)

MEMORANDUM by defendant IBM Corporation, defendant IBM Personal Pension in opposition to motion for class certification [48−1] (fe) (Entered: 01/30/2001)

REPLY by plaintiff Kathi Cooper, plaintiff Beth Harrington, plaintiff Matthew Hillesheim in support of plaintiffs' renewed motion for class certification [48−1] (tjh) (Entered: 02/08/2001)

MOTION by defendants to postpone hearing or for alternative relief (fe) (Entered: 02/16/2001)

ORDER by Chief Judge G. P. Murphy granting motion to postpone hearing or for alternative relief [54−1] ; the class certification hrg is reset for 9:00 AM on 3/26/01 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL (cc: all counsel) (fe) (Entered: 02/16/2001)

MINUTES of hearing on Motion for Class Certification (jmf) before Chief Judge G. P. Murphy. The Court grants parties 10 days to file additional briefs re [48−1]. The matter is taken under advisement until review of the supplemental briefs ; In−court hearing held 3/26/01 (C/R: Molly Clayton) (myz) (Entered: 03/29/2001)

TRANSCRIPT OF MOTION FOR CLASS CERTIFICATION; held 3/26/01; 1 volume(s) Court Reporter: Molly Clayton (fe) (Entered: 03/30/2001)

ORDER by Chief Judge G. P. Murphy ...see order for specifics... (cc: all counsel) (tjh) (Entered: 04/10/2001)

SUPPLEMENTAL BRIEF by defendants IBM Corporation and IBM Personal Pension in opposition to plaintiffs renewed motion for class certification [48−1] (scj) Modified on 04/10/2001 (Entered: 04/10/2001)

SUPPLEMENTAL BRIEF by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim regarding renewed motion for class certification [48−1] (tjh) (Entered: 04/12/2001)

MOTION by defendant IBM Corporation, defendant IBM Personal Pension to strike plaintiffs' supplemental brief in support of renewed motion for class certification (tjh) (Entered: 04/19/2001)

MEMORANDUM by plaintiff in opposition to motion to strike plaintiffs' supplemental brief in support of renewed motion for class certification [60−1] (car) (Entered: 05/03/2001)

MOTION by defendant IBM Corporation, defendant IBM Personal Pension for leave to file supplemental authority for pending class certification motion (jmf) (Entered: 05/31/2001)

ORDER by Chief Judge G. P. Murphy granting motion for leave to file supplemental authority for pending class certification motion [62−1] ; brief ddl set 6/15/01 (cc: all counsel) (scj) (Entered: 06/08/2001)

MOTION by defendants for protective order (dmw) (Entered: 07/23/2001)

ORDER by Mag/Judge Clifford J. Proud recusing himself as magistrate; Magistrate now becomes Gerald B. Cohn (cc: all counsel) (tjh) (Entered: 07/30/2001)

Magistrate identification: Mag/Judge Gerald B. Cohn (tjh) (Entered: 07/30/2001)

MEMORANDUM by plaintiffs Kathi Cooper, Beth Harrington, and Matthew Hillesheim in opposition to motion for protective order [65−1] (scj) (Entered: 08/10/2001)

REPLY by defendants IBM Corporation and IBM Personal Pension re motion for protection order [65−1] (scj) (Entered: 08/22/2001)

VOLUME NUMBER 4 created, beginning with document number 68. (tjh) (Entered: 09/25/2001)

ORDER by Mag Judge Gerald B. Cohn granting motion for protective order [65−1] (cc: all counsel) (tjh) (Entered: 09/06/2001)

ORDER by Chief Judge G. P. Murphy denying motion to strike plaintiffs' supplemental brief in support of renewed motion for class certification [60−1]; granting motion for class certification [48−1] and defining the class and subclasses (see Order for specifics); the Court appoints plaintiffs as class representatives and appoints Steven A. Katz, Douglas R. Sprong, and William K. Carr as counsel for the class and subclasses (cc: all counsel) (car) Modified on 09/18/2001 (Entered: 09/18/2001)

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, and Matthew Hillesheim to amend class certification order (tjh) (Entered: 09/24/2001)

ATTORNEY APPEARANCE for plaintiff Kathi Cooper by John H. Evans, Robert F. Hill (fe) (Entered: 09/28/2001)

ORDER by Chief Judge G. P. Murphy granting motion to amend class certification order [71−1] adding attorney Robert F. Hill and John H. Evans as counsel for the class and subclasses nunc pro tunc 9/17/01 (cc: all counsel) (fe) (Entered: 10/05/2001)

JOINT MOTION to withdraw Michael S. Horne as counsel for defendants IBM Corporation and IBM Personal Pension and substituting with Jeffrey G. Huvelle and Robert D. Wick (scj) (Entered: 10/10/2001)

ORDER by Mag Judge Gerald B. Cohn granting motion to withdraw Michael S. Horne as counsel for defendants IBM Corporation and IBM Personal Pension and substituting with Jeffrey G. Huvelle and Robert D. Wick [74−1] withdrawing attorney Michael S. Horne for IBM Pension and for IBM Corporation ; adding attorney Jeffrey G Huvelle and Robert D Wick for defendants IBM Corporation and IBM Personal Pension (cc: all counsel) (scj) (Entered: 10/29/2001)

JOINT MOTION by plaintiffs &defendants regarding joint report of parties and proposed scheduling and discovery order (to continue) (dmw) (Entered: 11/26/2001)

SCHEDULING AND DISCOVERY ORDER by Mag Judge Gerald B. Cohn ; presumptive trial reset for 1/03 and final prtrl conf set 12/9/02 before Chief Judge G. P. Murphy in the USDC/East St. Louis, IL; settlement conf set 9:00 AM on 12/2/02 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL; disp mtn filing ddl 10/15/02; discovery ddl set 9/20/02 (cc: all counsel) (tjh) (Entered: 12/04/2001)

ORDER by Mag Judge Gerald B. Cohn resetting settlement conf at 9:00 AM on 12/5/02 before Mag Judge Gerald B. Cohn in the USDC/East St. Louis, IL (cc: all counsel) (tjh) (Entered: 02/12/2002)

ORDER by Mag Judge Gerald B. Cohn granting motion for extension of time to file amended complaint [79−1] up to and including 3/7/02 (cc: all counsel) (dlr) (Entered: 03/01/2002)

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim for filing of agreed protective order (tjh) (Entered: 04/09/2002)

ORDER by Mag Judge Gerald B. Cohn granting motion for filing of agreed protective order [81−1] (cc: all counsel) (dmw) (Entered: 04/17/2002)

ORDER by Chief Judge G. P. Murphy denying motion for filing of agreed protective order [81−1]; vacating Magistrate Judge Cohn's 4/12/02 order [82−1] order (cc: all counsel) (tjh) (Entered: 04/18/2002)

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim to suspend local rule 7.1(g) and for leave to file brief in excess of ten pages (tjh) (Entered: 07/17/2002)

REQUESTS for admission by defendants (dmw) (Entered: 07/19/2002)

ORDER by Chief Judge G. P. Murphy granting motion to suspend local rule 7.1(g) [84−1] and for leave to file brief in excess of ten pages [84−2] (cc: all counsel) (tjh) (Entered: 07/24/2002)

MOTION by Kathi Cooper, Beth Harrington, Matthew Hillesheim for partial summary judgment on count 1 received on 7/15/02 (tjh) (Entered: 07/24/2002)

BRIEF (MEMORANDUM) by plaintiffs' Kathi Cooper, Beth Harrington, and Matthew Hillesheim in support of motion for partial summary judgment on count 1 received on 7/15/02 [87−1] (attachments located in expando folder) (tjh) (Entered: 07/24/2002)

MOTION by defendants IBM Corporation, IBM Personal Pension to suspend the packet rule for dispositive motions (order) , and to modify the page limit , and to extend the time for filing for their opposition to plaintiffs' pending motion for partial summary judgment (dlr) (Entered: 07/29/2002)

ORDER by Chief Judge G. P. Murphy granting motion to suspend the packet rule for dispositive motions (order) [89−1], to modify the page limit [89−2], and to extend the time for filing for their opposition to plaintiffs' pending motion for partial summary judgment [89−3]; response to motion for partial summary judgment on count 1 received on 7/15/02 [87−1] due 9/20/02 (cc: all counsel) (tjh) (Entered: 08/07/2002)

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim for extension of time to respond to defendants' requests for admission and third set of interrogatories (tjh) (Entered: 08/13/2002)

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim to compel discovery (tjh) (Entered: 08/13/2002)

MOTION by plaintiffs' Kathi Cooper, Beth Harrington, Matthew Hillesheim for extension of time to respond to requests for admission (tjh) (Entered: 08/13/2002)

ORDER by Mag Judge Gerald B. Cohn granting motion for extension of time to respond to defendants' requests for admission and third set of interrogatories [91−1] (cc: all counsel) (tjh) (Entered: 08/15/2002)

ORDER by Mag Judge Gerald B. Cohn granting motion for extension of time to respond to requests for admission [93−1] (cc: all counsel) (tjh) (Entered: 08/15/2002)

FILE checked out by Kwik Kopy consisting of 4 volumes pleadings and 1 appendix to doc 88. Record due back 8/29/02 (trb) (Entered: 08/21/2002)