Case: Finley v. Dun & Bradstreet Corp.

2:06-cv-01838 | U.S. District Court for the District of New Jersey

Filed Date: April 20, 2006

Closed Date: April 30, 2007

Clearinghouse coding complete

Case Summary

On March 30, 2006 the district court for the Northern District of Illinois (Judge Plunkett) ordered that the case Finley v. Dun & Bradstreet Corp. be transferred to the District of New Jersey. On September 7, 2005, plaintiff had filed suit under the Employee Retirement Income Security Act (ERISA) against his employer, Dun & Bradstreet Corp. The plaintiff had alleged that modifications to his pension plan constituted violations of ERISA and age discrimination and that the defendant had provided …

On March 30, 2006 the district court for the Northern District of Illinois (Judge Plunkett) ordered that the case Finley v. Dun & Bradstreet Corp. be transferred to the District of New Jersey. On September 7, 2005, plaintiff had filed suit under the Employee Retirement Income Security Act (ERISA) against his employer, Dun & Bradstreet Corp. The plaintiff had alleged that modifications to his pension plan constituted violations of ERISA and age discrimination and that the defendant had provided false and misleading information about the change. He sought declaratory and injunctive relief as well as monetary damages. The case was transferred because the defendant and most members of the putative class resided in or near New Jersey.

On January 26, 2007 the district court (Judge Chesler) granted the defendant's motion to dismiss four of the five counts of the plaintiff's complaint, partly based on a ruling in a similar case, Cooper v. IBM Personal Pension Plan, to the effect that the alleged violations concerned only the effect of time on money and thus were not actionable under ERISA or an age discrimination claim. The plaintiff was left to continue with his fifth count and re-file two others but on April 30, 2007 the court entered a joint stipulation of dismissal after the parties reached an unknown settlement.

 

Summary Authors

Michael Perry (9/16/2010)

Related Cases

Finley v. Dun & Bradstreet Corp., Northern District of Illinois (2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5724517/parties/finley-v-dun-bradstreet-corporation/


Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Hedges, Ronald J. (New Jersey)

Martini, William J. (New Jersey)

Attorney for Plaintiff

Meites, Thomas R. (Illinois)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

2:06-cv-01838

Docket

April 30, 2007

April 30, 2007

Docket
43

2:06-cv-01838

Amended Class Action Complaint for Declaratory and Injunctive Relief Under ERISA

June 5, 2006

June 5, 2006

Complaint
72

2:06-cv-01838

Opinion (Granting in part and denying in part defendant's motion to dismiss)

Jan. 26, 2007

Jan. 26, 2007

Order/Opinion

471 F.Supp.2d 485

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5724517/finley-v-dun-bradstreet-corporation/

Last updated April 7, 2025, 11:22 a.m.

Docket for: FINLEY v. DUN & BRADSTREET CORPORATION
ECF Number Date Description Link
37 April 20, 2006

Certified Copy of Transfer Order and docket received, Case transferred in from District of NORTHERN DISTRICT OF ILLINOIS; Case Number USDC NO. 05−5134. Original file with documents numbered from ILLINOIS Dkt Sht: 1−36, certified copy of transfer order and docket sheet received., filed by JACK FINLEY. (Attachments: # 1 DOCKET ENTRY TEXT re: ORDER GRANTING TRANSFER# 2 MEMORANDUM OPINION AND ORDER# 3THIRTY−SIX(36) DOCUMENTS ON DIST OF ILLINOIS DOCKET SHEET)(dr, ) Modified on 4/28/2006 (dr, ). (Entered: 04/28/2006)

PACER
38 May 2, 2006

NOTICE of Appearance by CHRISTOPHER H. MILLS on behalf of DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT (MILLS, CHRISTOPHER) (Entered: 05/02/2006)

PACER
39 May 8, 2006

NOTICE of Appearance by JONATHAN I. NIRENBERG on behalf of JACK FINLEY (NIRENBERG, JONATHAN) (Entered: 05/08/2006)

PACER
41 May 17, 2006

MOTION for Leave to Appear Pro Hac Vice on Behalf of Patrick W. Shea, Esq., and Christine Button, Esq., by DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT. (Attachments: # 1 Certification of Christopher H. Mills, Esq.# 2 Certification of Patrick W. Shea, Esq.# 3 Certification of Christine Button, Esq.# 4 Text of Proposed Order Granting Admission Pro Hac Vice# 5 Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 05/17/2006)

PACER
May 17, 2006

Set Deadlines as to 41 MOTION for Leave to Appear Pro Hac Vice on Behalf of Patrick W. Shea, Esq., and Christine Button, Esq., . Motion Hearing set for 6/12/2006 10:00 AM before Judge William J. Martini. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 05/22/2006)

PACER
42 May 25, 2006

ORDER granting 41 Motion for Patrick W. Chen and Christine Button to appear pro hac vice . Signed by Judge Ronald J. Hedges on 05/24/06. (nr, ) (Entered: 05/25/2006)

PACER
43 June 5, 2006

AMENDED COMPLAINT against DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT, filed by JACK FINLEY.(NIRENBERG, JONATHAN) (Entered: 06/05/2006)

PACER
44 June 6, 2006

SCHEDULING ORDER: Amended Pleadings due by 6/5/2006 &deft. to answer within 30 dys.. Signed by Judge Ronald J. Hedges on 6/62006. (mn, ) (Entered: 06/06/2006)

PACER
45 June 6, 2006

ORDER admitting Thomas G. Moukawsher and Ian O. Smith pro hac vice on behalf of pltf.. Signed by Judge Ronald J. Hedges on 6/5/2006. (Attachments: # 1 Certification Thomas Moukawsher# 2 Certification Ian Smith)(mn, ) (Entered: 06/06/2006)

PACER
46 June 8, 2006

ORDER directing pltf. to file and serve an amsnded complt. on or before June 5,2006 and directing defts. to file an answer to the amended complt. . Signed by Judge Ronald J. Hedges on 06/07/06. (nr, ) (Entered: 06/08/2006)

PACER
47 July 5, 2006

MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6) by DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT. Responses due by 7/31/2006 (Attachments: # 1 Certification of Christopher H. Mills in Support of Defendants' Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)# 2 Exhibit A part 1 to Certification of Christopher H. Mills# 3 Exhibit A Part 2 to Certification of Christopher H. Mills# 4 Exhibit B to Certification of Christopher H. Mills# 5 Exhibit C Part 1 to Certification of Christopher H. Mills# 6 Exhibit C Part 2 to Certification of Christopher H. Mills# 7 Exhibit C Part 3 to Certification of Christopher H. Mills# 8 Exhibit C Part 4 to Certification of Christopher H. Mills# 9 Exhibit C Part 5 to Certification of Christopher H. Mills# 10 Exhibit C Part 6 to Certification of Christopher H. Mills# 11 Exhibit C Part 7 (final part) to Certification of Christopher H. Mills# 12 Exhibit D to Certification of Christopher H. Mills# 13 Exhibit E Part 1 to Certification of Christopher H. Mills# 14 Exhibit E Part 2 to Certification of Christopher H. Mills# 15 Exhibit F to Certification of Christopher H. Mills# 16 Exhibit G to Certification of Christopher H. Mills# 17 Exhibit H to Certification of Christopher H. Mills# 18 Exhibit I to Certification of Christopher H. Mills# 19 Exhibit J to Certification of Christopher H. Mills# 20 Brief in Support of Defendants' Motion Under Fed. R. Civ. P. 12(b)(6) for Dismissal of the Amended Complaint# 21 Text of Proposed Order Granting Motion Under Fed. R. Civ. P. 12(b)(6) for Dismissal of the Amended Complaint# 22 Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 07/05/2006)

PACER
July 5, 2006

Setting motion hearing as to 47 MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6). Motion Hearing set for 9/11/2006 before Judge William J. Martini. Please be advised that this motion will be decided on the papers unless otherwise notified by the Court.(cs, ) (Entered: 07/12/2006)

PACER
48 July 12, 2006

Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (NIRENBERG, JONATHAN) (Entered: 07/12/2006)

PACER
49 July 12, 2006

Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (NIRENBERG, JONATHAN) (Entered: 07/12/2006)

PACER
51 July 14, 2006

ORDER directing pltf. to file and serve his brief and papers in opposition to defts' motion for dismissal of the amended complt. on or before Aug. 31, 2006. etc. . Signed by Judge Ronald J. Hedges on 07/13/06. (nr, ) (Entered: 07/19/2006)

PACER
July 21, 2006

CHAMBER'S NOTICE: Rescheduling Initial Scheduling Conference from 8/15/06 2:30PM to 10/2/2006 02:00 PM before Magistrate Judge Claire C. Cecchi. (nc, ) (Entered: 07/21/2006)

PACER
52 Aug. 31, 2006

MOTION for Leave to File Excess Pages − File Over−Length Brief by JACK FINLEY. (Attachments: # 1 Brief # 2 Text of Proposed Order)(NIRENBERG, JONATHAN) (Entered: 08/31/2006)

PACER
Aug. 31, 2006

Set Deadlines as to 47 MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6) . Motion Hearing set for 9/25/2006 10:00 AM before Judge Stanley R. Chesler. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 09/01/2006)

PACER
53 Sept. 1, 2006

RESPONSE to Motion re 52 MOTION for Leave to File Excess Pages − File Over−Length Brief (Letter) filed by DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT. (Attachments: # 1 Text of Proposed Order)(MILLS, CHRISTOPHER) (Entered: 09/01/2006)

PACER
54 Sept. 8, 2006

ORDER granting 52 Motion for Leave to File overlength brief and granting application to extend time to file and serve response. . Signed by Judge Stanley R. Chesler on 09/07/06. (nr, ) (Entered: 09/08/2006)

PACER
55 Sept. 11, 2006

BRIEF in Opposition re 47 MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6) filed by JACK FINLEY. (Attachments: # 1 Certification of Jonathan I. Nirenberg# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 09/11/2006)

PACER
Sept. 11, 2006

Pro Hac Vice fee: $ 300.00, receipt number 200340869 re Patrick Shea/Christine Button (nr, ) (Entered: 09/11/2006)

PACER
Sept. 29, 2006

CHAMBERS NOTICE: Adjourning Initial Scheduling Conference by telephone from 10/2/06 2:00 PM to 11/1/2006 10:30 AM before Magistrate Judge Claire C. Cecchi. (nc, ) (Entered: 09/29/2006)

PACER
56 Oct. 11, 2006

REPLY to Response to Motion re 47 MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6) filed by DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT. (Attachments: # 1 Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 10/11/2006)

PACER
57 Oct. 12, 2006

Notice of Request by Pro Hac Vice Patrick W. Shea to receive Notices of Electronic Filings. (MILLS, CHRISTOPHER) (Entered: 10/12/2006)

PACER
58 Oct. 12, 2006

Notice of Request by Pro Hac Vice Christine Button to receive Notices of Electronic Filings. (MILLS, CHRISTOPHER) (Entered: 10/12/2006)

PACER
Nov. 1, 2006

Minute Entry for proceedings held before Judge Claire C. Cecchi : Scheduling Telephone Conference held on 11/1/2006. (nc, ) (Entered: 11/06/2006)

PACER
60 Nov. 15, 2006

Certification of Shena B. Glink (Attachments: # 1 Certf. of Michael M. Mulder)(nr) (Entered: 11/16/2006)

PACER
61 Nov. 16, 2006

ORDER admitting Shona B. Glink and Michael M. Mulder pro hac vice. . Signed by Judge Claire C. Cecchi on 11/15/2006. (nr, ) (Entered: 11/16/2006)

PACER
62 Dec. 1, 2006

MOTION for Leave to File Supplemental Brief by JACK FINLEY. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 12/01/2006)

PACER
Dec. 1, 2006

Set Deadlines as to 62 MOTION for Leave to File Supplemental Brief . Motion Hearing set for 12/26/2006 10:00 AM before Judge Stanley R. Chesler. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 12/04/2006)

PACER
63 Dec. 5, 2006

Notice of Request by Pro Hac Vice Michael M. Mulder to receive Notices of Electronic Filings. (NIRENBERG, JONATHAN) (Entered: 12/05/2006)

PACER
64 Dec. 5, 2006

Notice of Request by Pro Hac Vice Shona B. Glink to receive Notices of Electronic Filings. (NIRENBERG, JONATHAN) (Entered: 12/05/2006)

PACER
Dec. 13, 2006

Pro Hac Vice fee: $ 150.00, receipt number 100305613, re Michael L.M. Mulder (nr, ) (Entered: 12/13/2006)

PACER
Dec. 13, 2006

Pro Hac Vice fee: $ 150, receipt number 100305614 re Shonda B. Glink (nr, ) (Entered: 12/13/2006)

PACER
65 Jan. 3, 2007

Second MOTION for Leave to File Supplemental Memorandum of Law in Opposition Defendants Motion for Dismissal of Amended Complaint by JACK FINLEY. (Attachments: # 1 # 2 Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 01/03/2007)

PACER
Jan. 3, 2007

Set Deadlines as to 65 Second MOTION for Leave to File Supplemental Memorandum of Law in Opposition Defendants Motion for Dismissal of Amended Complaint . Motion Hearing set for 2/12/2007 10:00 AM before Judge Stanley R. Chesler. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 01/08/2007)

PACER
66 Jan. 4, 2007

BRIEF in Opposition re 47 MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6) (First Supplemental Brief) filed by JACK FINLEY. (Attachments: # 1 Exhibit A# 2 Exhibit B)(NIRENBERG, JONATHAN) (Entered: 01/04/2007)

PACER
67 Jan. 4, 2007

BRIEF in Opposition re 47 MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6) (Second Supplemental Brief) filed by JACK FINLEY. (Attachments: # 1 Exhibit A)(NIRENBERG, JONATHAN) (Entered: 01/04/2007)

PACER
68 Jan. 4, 2007

Third MOTION for Leave to File Supplemental Brief by JACK FINLEY. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 01/04/2007)

PACER
Jan. 4, 2007

Set Deadlines as to 68 Third MOTION for Leave to File Supplemental Brief . Motion Hearing set for 2/12/2007 10:00 AM before Judge Stanley R. Chesler. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 01/08/2007)

PACER
70 Jan. 9, 2007

ORDER granting 65 Motion for Leave to File second supplemental brief. Signed by Judge Stanley R. Chesler on 1/9/07. (jd, ) (Entered: 01/11/2007)

PACER
Jan. 9, 2007

CHAMBERS NOTICE: Adjourning Status/Settlement Conference from 1/19/2007 03:00 PM to 2/23/2007 03:30 PM before Magistrate Judge Claire C. Cecchi. (nc, ) Modified on 1/26/2007 (nc, ). (Entered: 01/09/2007)

PACER
71 Jan. 16, 2007

REPLY to Response to Motion re 47 MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6) filed by DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT. (Attachments: # 1 Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 01/16/2007)

PACER
72 Jan. 26, 2007

OPINION . Signed by Judge Stanley R. Chesler on 01/26/2007. (nr, )

RECAP
73 Jan. 26, 2007

ORDER granting in part and denying in part 47 Motion to Dismiss the amended complt; and granting pltf's leave to amended complt. as to counts three and four.. Signed by Judge Stanley R. Chesler on 01/26/2007. (nr, ) (Entered: 01/29/2007)

PACER
74 Feb. 6, 2007

ORDER denying 68 Motion for Leave to File a supplemental brief as moot . Signed by Judge Stanley R. Chesler on 02/06/2007. (nr, ) (Entered: 02/07/2007)

PACER
75 Feb. 7, 2007

NOTICE of Change of Address by JONATHAN I. NIRENBERG (NIRENBERG, JONATHAN) (Entered: 02/07/2007)

PACER
76 Feb. 9, 2007

ANSWER to Amended Complaint by DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT. (Attachments: # 1 Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 02/09/2007)

PACER
Feb. 22, 2007

CHAMBERS NOTICE: Adjourning Status/Settlement Conference from 2/23/07 3:30 PM to 4/2/2007 02:00 PM before Magistrate Judge Claire C. Cecchi. (nc, ) (Entered: 02/22/2007)

PACER
77 April 24, 2007

STIPULATION of Dismissal Joint Stipulation of Dismissal with Prejudice by DUN &BRADSTREET CORPORATION, DUN &BRADSTREET CORPORATION RETIREMENT ACCOUNT. (MILLS, CHRISTOPHER) (Entered: 04/24/2007)

PACER
78 April 30, 2007

JOINT STIPULATION and ORDER of DIMISSAL. Signed by Judge Stanley R. Chesler on 04/27/2007. (nr, ) (Entered: 04/30/2007)

PACER
April 30, 2007

***Civil Case Terminated. (nr, ) (Entered: 04/30/2007)

PACER

Case Details

State / Territory:

New Jersey

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 20, 2006

Closing Date: April 30, 2007

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 and Bradstreet Corp.

Case Details

Causes of Action:

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

Other Dockets:

District of New Jersey 2:06-cv-01838

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination Area:

Disparate Treatment

Pay / Benefits

Discrimination Basis:

Age discrimination

Recommended Citation