Case: Finley v. Dun & Bradstreet Corp.

1:05-cv-05134 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 7, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On September 7, 2005, plaintiff filed suit under the Employee Retirement Income Security Act of 1974, § 2 et seq., 29 U.S.C.A. § 1001 et seq., (ERISA) against his employer, Dun & Bradstreet Corp., in United States District Court for the Northern District of Illinois. The plaintiff alleged that when the defendant switched his pension plan from a defined benefit plan to a cash balance plan on January 1, 1997 it had violated ERISA and engaged in age discrimination because his benefits were reduced…

On September 7, 2005, plaintiff filed suit under the Employee Retirement Income Security Act of 1974, § 2 et seq., 29 U.S.C.A. § 1001 et seq., (ERISA) against his employer, Dun & Bradstreet Corp., in United States District Court for the Northern District of Illinois. The plaintiff alleged that when the defendant switched his pension plan from a defined benefit plan to a cash balance plan on January 1, 1997 it had violated ERISA and engaged in age discrimination because his benefits were reduced compared to those awarded to younger employees because of how interest accrued in the new plan. He also alleged that the defendant had provided false and misleading information about the change. The plaintiff, represented by private counsel, asked the court for injunctive and declaratory relief as well as monetary damages. He also sought to have a class certified consisting of all other employees similarly situated.

On March 30, 2006, the district court (Judge Plunkett) ordered that the case be transferred to the District of New Jersey. The defendant's principle place of business was in New Jersey and of the 5,000 putative class members only 4% resided in Illinois while most of the rest resided in or near New Jersey. The case continued in New Jersey as Finley v. Dun & Bradstreet Corp.

 

Summary Authors

Michael Perry (9/16/2010)

Related Cases

Finley v. Dun & Bradstreet Corp., District of New Jersey (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5409302/parties/finley-v-dun-bradstreet-corp/


Documents in the Clearinghouse

Documents in this case

1:05-cv-05134

Docket in Illinois

Sept. 7, 2005

Sept. 7, 2005

Docket
1

1:05-cv-05134

Complaint

Sept. 7, 2005

Sept. 7, 2005

Complaint
35

1:05-cv-05134

Memorandum Opinion and Order (Granting motion to transfer)

March 30, 2006

March 30, 2006

Order/Opinion

2006 WL 861920

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5409302/finley-v-dun-bradstreet-corp/

Last updated April 6, 2025, 2 p.m.

Docket for: Finley v. Dun & Bradstreet Corp
ECF Number Date Description Link
1 Sept. 7, 2005

COMPLAINT filed by Jack Finley (eav, ) (Entered: 09/08/2005)

PACER
2 Sept. 7, 2005

CIVIL Cover Sheet (eav, ) (Entered: 09/08/2005)

PACER
3 Sept. 7, 2005

ATTORNEY Appearance for Plaintiff Jack Finley by Paul William Mollica, Johanna Josie Raimond (eav, ) (Entered: 09/08/2005)

PACER
5 Sept. 20, 2005

ATTORNEY Appearance for Plaintiff Jack Finley by Thomas R. Meites (eav, ) (Entered: 09/23/2005)

PACER
6 Sept. 20, 2005

ATTORNEY Appearance for Plaintiff Jack Finley by Michael M. Mulder (eav, ) (Entered: 09/23/2005)

PACER
7 Sept. 27, 2005

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Jack Finley by Thomas G Moukawsher; Order entered granting leave by Paul E. Plunkett. Filing fee $ 100 paid, receipt number 10330261 (eav, ) (Entered: 09/29/2005)

PACER
8 Nov. 9, 2005

WAIVER OF SERVICE returned executed by Jack Finley. Dun & Bradstreet Corp waiver sent on 10/19/2005, answer due 12/19/2005. (Mulder, Michael) (Entered: 11/09/2005)

PACER
9 Nov. 9, 2005

WAIVER OF SERVICE returned executed by Jack Finley. Dun & Bradstreet Corporation Retirement Account waiver sent on 10/19/2005, answer due 12/19/2005. (Mulder, Michael) (Entered: 11/09/2005)

PACER
10 Dec. 12, 2005

ATTORNEY Appearance for Defendants Dun & Bradstreet Corp, Dun & Bradstreet Corporation Retirement Account by Michael P. Roche (Roche, Michael) (Entered: 12/12/2005)

PACER
11 Dec. 12, 2005

ATTORNEY Appearance for Defendants Dun & Bradstreet Corp, Dun & Bradstreet Corporation Retirement Account by Adam K Gusman (Gusman, Adam) (Entered: 12/12/2005)

PACER
12 Dec. 12, 2005

MOTION by Defendants Dun & Bradstreet Corp, Dun & Bradstreet Corporation Retirement Account for extension of time to file answer regarding complaint1 (Roche, Michael) (Entered: 12/12/2005)

PACER
13 Dec. 12, 2005

NOTICE of Motion by Michael P. Roche for presentment of motion for extension of time to file answer, motion for relief12 before Honorable Paul E. Plunkett on 12/15/2005 at 11:30 AM. (Roche, Michael) (Entered: 12/12/2005)

PACER
15 Dec. 15, 2005

MINUTE entry before Judge Paul E. Plunkett : Defendants' motion for extension of time to 1/18/2006 to answer or otherwsie plead 12 is granted. Status hearing set for 1/24/2006 at 09:30 AM. (clw, ) (Entered: 12/15/2005)

PACER
16 Jan. 12, 2006

MOTION by Defendants Dun & Bradstreet Corp, Dun & Bradstreet Corporation Retirement Account for leave to file excess pages in Brief, IN SUPPORT OF MOTION TO TRANSFER VENUE, OR IN THE ALTERNATIVE TO DISMISS (AGREED) (Roche, Michael) (Entered: 01/12/2006)

PACER
17 Jan. 12, 2006

NOTICE of Motion by Michael P. Roche for presentment of motion for leave to file excess pages16 before Honorable Paul E. Plunkett on 1/17/2006 at 10:00 AM. (Roche, Michael) (Entered: 01/12/2006)

PACER
18 Jan. 13, 2006

MINUTE entry before Judge Paul E. Plunkett : Defendants' agreed motion for leave to file excess of 15 pages16 is reset to 1/20/2006 at 10:00 AM. Status hearing set for 1/24/2006 is stricken. (clw, ) (Entered: 01/13/2006)

PACER
19 Jan. 13, 2006

MOTION by Defendants Dun & Bradstreet Corp, Dun & Bradstreet Corporation Retirement Account for extension of time to file answer regarding complaint1 (Roche, Michael) (Entered: 01/13/2006)

PACER
20 Jan. 13, 2006

NOTICE of Motion by Michael P. Roche for presentment of motion for extension of time to file answer, motion for relief19 before Honorable Paul E. Plunkett on 1/20/2006 at 10:00 AM. (Roche, Michael) (Entered: 01/13/2006)

PACER
21 Jan. 18, 2006

MINUTE entry before Judge Paul E. Plunkett : Defendants' agreed motion for extension of time to 1/27/2006 to answer or otherwise plead 19 is granted. (clw, ) (Entered: 01/18/2006)

PACER
22 Jan. 20, 2006

MINUTE entry before Judge Paul E. Plunkett : Motion hearing held. Defendants' motion for leave to file excess pages 16 is moot. Briefing schedule set as follows: Defendants' motion to transfer is due by 1/27/2006. Response due by 2/17/2006. Reply due by 2/27/2006. Ruling set for 3/28/2006 at 09:30 AM. Defendants time to answer or otherwise plead is stayed until the Court rules on the motion to transfer. (clw, ) (Entered: 01/20/2006)

PACER
23 Jan. 27, 2006

MOTION by Defendants Dun & Bradstreet Corp, Dun & Bradstreet Corporation Retirement Account to transfer case (Shea, Patrick) (Entered: 01/27/2006)

PACER
24 Jan. 27, 2006

MEMORANDUM by Dun & Bradstreet Corp, Dun & Bradstreet Corporation Retirement Account in Support of motion to transfer case23 (Attachments: # 1 Exhibits A-B# 2 Exhibits C-E)(Shea, Patrick) (Entered: 01/27/2006)

PACER
25 Jan. 27, 2006

NOTICE of Motion by Patrick W. Shea for presentment of before Honorable Paul E. Plunkett on 2/3/2006 at 10:00 AM. (Shea, Patrick) (Entered: 01/27/2006)

PACER
27 Feb. 17, 2006

MEMORANDUM by Jack Finley in Opposition to motion to transfer case23 (Attachments: # 1 Exhibit A: Declaration of Jack Finley# 2 Exhibit B: Judicial Caseload Statistics)(Raimond, Johanna) (Entered: 02/17/2006)

PACER
28 Feb. 23, 2006

NOTICE by Johanna Josie Raimond of Change of Address (Raimond, Johanna) (Entered: 02/23/2006)

PACER
29 Feb. 27, 2006

REPLY by Defendants Dun & Bradstreet Corp, Dun & Bradstreet Corporation Retirement Account to motion to transfer case23, memorandum in opposition to motion27, memorandum in support of motion24 (Attachments: # 1 Exhibits A-C)(Shea, Patrick) (Entered: 02/27/2006)

PACER
30 March 3, 2006

MOTION by Plaintiff Jack Finley to withdraw as attorney (Raimond, Johanna) (Entered: 03/03/2006)

PACER
31 March 3, 2006

NOTICE of Motion by Johanna Josie Raimond for presentment of motion to withdraw as attorney30 before Honorable Paul E. Plunkett on 3/10/2006 at 10:00 AM. (Raimond, Johanna) (Entered: 03/03/2006)

PACER
32 March 10, 2006

MINUTE entry before Judge Paul E. Plunkett : Motion of Johanna J. Raimond for leave to withdraw as one of the attorneys for plaintiff 30 is granted. Mailed notice (rmm, ) (Entered: 03/13/2006)

PACER
33 March 27, 2006

MINUTE entry before Judge Paul E. Plunkett : Ruling date on motion to transfer set for 3/28/2006 is stricken; ruling will be by mail. (clw, ) (Entered: 03/27/2006)

PACER
34 March 30, 2006

MINUTE entry before Judge Paul E. Plunkett : Enter Memorandum Opinion and Order. Defendant's motion to transfer case 23 is granted. The case is transferred to the United States District Court, District of New Jersey, Newark Division. Civil case terminated. (lcw, ) (Entered: 03/31/2006)

PACER
35 March 30, 2006

MEMORANDUM Opinion and Order Signed by Judge Paul E. Plunkett on 3/30/2006.(lcw, )

RECAP
36 April 17, 2006

TRANSFERRED to the USDC, District of New Jersey, Newark Division with certified copy of transfer order and docket sheet via certified mail number 7004 2510 0001 9721 1990. (lcw, ) (Entered: 04/17/2006)

PACER
37 May 4, 2006

ACKNOWLEDGEMENT Of Tranfer case to New Jersey District Court new case number 2:06cv01838-WJM-RJH. (lcw, ) (Entered: 05/05/2006)

PACER

Case Details

State / Territory:

Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Private Employment Class Actions

Key Dates

Filing Date: Sept. 7, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employee of the defendant whose original pension plan was converted to a different sort of plan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Dun & Bradstreet Corporation

Case Details

Causes of Action:

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

Other Dockets:

Northern District of Illinois 1:05-cv-05134

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Disparate Treatment

Pay / Benefits

Discrimination Basis:

Age discrimination

Recommended Citation