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 reduce…

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. Subsequent developments can be found in EE-NJ-0126.

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/


Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Hedges, Ronald J. (New Jersey)

Plunkett, Paul Edward (Illinois)

Attorneys(s) for Plaintiff

Meites, Thomas R. (Illinois)

Mollica, Paul William (Illinois)

Moukawsher, Thomas G. (Connecticut)

Mulder, Michael M (Illinois)

Nirenberg, Jonathan I. (New Jersey)

Raimond, Johanna J. (Illinois)

Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Hedges, Ronald J. (New Jersey)

Plunkett, Paul Edward (Illinois)

Attorneys(s) for Plaintiff

Meites, Thomas R. (Illinois)

Mollica, Paul William (Illinois)

Moukawsher, Thomas G. (Connecticut)

Mulder, Michael M (Illinois)

Nirenberg, Jonathan I. (New Jersey)

Raimond, Johanna J. (Illinois)

Attorneys(s) for Defendant

Gusman, Adam K. (Illinois)

Mills, Christopher H. (New Jersey)

Roche, Michael P. (Illinois)

Shea, Patrick W. (New York)

Documents in the Clearinghouse

Document

Docket in Illinois

Sept. 7, 2005 Docket
1

Complaint

Sept. 7, 2005 Complaint
35

Memorandum Opinion and Order (Granting motion to transfer)

2006 WL 861920, 2006 U.S.Dist.LEXIS 19617

March 30, 2006 Order/Opinion

Docket

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

Last updated May 20, 2022, 1:42 a.m.

ECF Number Description Date Link
1

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

Sept. 7, 2005
35

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

March 30, 2006 RECAP
2

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

Sept. 7, 2005
3

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

Sept. 7, 2005
5

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

Sept. 20, 2005
6

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

Sept. 20, 2005
7

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)

Sept. 27, 2005
8

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)

Nov. 9, 2005
9

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)

Nov. 9, 2005
10

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

Dec. 12, 2005
11

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

Dec. 12, 2005
12

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)

Dec. 12, 2005
13

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)

Dec. 12, 2005
15

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)

Dec. 15, 2005
16

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)

Jan. 12, 2006
17

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)

Jan. 12, 2006
18

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)

Jan. 13, 2006
19

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)

Jan. 13, 2006
20

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)

Jan. 13, 2006
21

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)

Jan. 18, 2006
22

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)

Jan. 20, 2006
23

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

Jan. 27, 2006
24

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)

Jan. 27, 2006
25

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)

Jan. 27, 2006
27

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)

Feb. 17, 2006
28

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

Feb. 23, 2006
29

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)

Feb. 27, 2006
30

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

March 3, 2006
31

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)

March 3, 2006
32

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)

March 10, 2006
33

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)

March 27, 2006
34

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)

March 30, 2006
36

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)

April 17, 2006
37

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

May 4, 2006

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

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

Dun & Bradstreet Corporation (Short Hills), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination