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. (EE-IL-0287) 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 defendan…

On March 30, 2006 the district court for the Northern District of Illinois (Judge Plunkett) ordered that the case Finley v. Dun & Bradstreet Corp. (EE-IL-0287) 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 (EE-IL-0285), 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)

Attorneys(s) for Plaintiff

Meites, Thomas R. (Illinois)

Moukawsher, Thomas G. (Connecticut)

Mulder, Michael M (Illinois)

Nirenberg, Jonathan I. (New Jersey)

Raymond, Josie (Illinois)

Attorneys(s) for Defendant

Mills, Christopher H. (New Jersey)

Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Hedges, Ronald J. (New Jersey)

Martini, William J. (New Jersey)

Attorneys(s) for Plaintiff

Meites, Thomas R. (Illinois)

Moukawsher, Thomas G. (Connecticut)

Mulder, Michael M (Illinois)

Nirenberg, Jonathan I. (New Jersey)

Raymond, Josie (Illinois)

Attorneys(s) for Defendant

Mills, Christopher H. (New Jersey)

Documents in the Clearinghouse

Document

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)

471 F.Supp.2d 485

Jan. 26, 2007

Jan. 26, 2007

Order/Opinion

Resources

Docket

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

Last updated May 20, 2022, 2:12 a.m.

ECF Number Description Date Link Date / Link
37

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)

April 20, 2006

April 20, 2006

72

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

Jan. 26, 2007

Jan. 26, 2007

RECAP
38

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

May 2, 2006

May 2, 2006

39

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

May 8, 2006

May 8, 2006

41

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)

May 17, 2006

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)

May 17, 2006

May 17, 2006

42

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)

May 25, 2006

May 25, 2006

43

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

June 5, 2006

June 5, 2006

44

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)

June 6, 2006

June 6, 2006

45

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)

June 6, 2006

June 6, 2006

46

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)

June 8, 2006

June 8, 2006

47

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)

July 5, 2006

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)

July 5, 2006

July 5, 2006

48

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

July 12, 2006

July 12, 2006

49

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

July 12, 2006

July 12, 2006

51

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)

July 14, 2006

July 14, 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)

July 21, 2006

July 21, 2006

52

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)

Aug. 31, 2006

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)

Aug. 31, 2006

Aug. 31, 2006

53

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)

Sept. 1, 2006

Sept. 1, 2006

54

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)

Sept. 8, 2006

Sept. 8, 2006

55

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)

Sept. 11, 2006

Sept. 11, 2006

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

Sept. 11, 2006

Sept. 11, 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)

Sept. 29, 2006

Sept. 29, 2006

56

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)

Oct. 11, 2006

Oct. 11, 2006

57

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

Oct. 12, 2006

Oct. 12, 2006

58

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

Oct. 12, 2006

Oct. 12, 2006

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

Nov. 1, 2006

Nov. 1, 2006

60

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

Nov. 15, 2006

Nov. 15, 2006

61

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)

Nov. 16, 2006

Nov. 16, 2006

62

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)

Dec. 1, 2006

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)

Dec. 1, 2006

Dec. 1, 2006

63

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

Dec. 5, 2006

Dec. 5, 2006

64

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

Dec. 5, 2006

Dec. 5, 2006

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

Dec. 13, 2006

Dec. 13, 2006

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

Dec. 13, 2006

Dec. 13, 2006

65

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)

Jan. 3, 2007

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)

Jan. 3, 2007

Jan. 3, 2007

66

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)

Jan. 4, 2007

Jan. 4, 2007

67

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)

Jan. 4, 2007

Jan. 4, 2007

68

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)

Jan. 4, 2007

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)

Jan. 4, 2007

Jan. 4, 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)

Jan. 9, 2007

Jan. 9, 2007

70

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)

Jan. 9, 2007

Jan. 9, 2007

71

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)

Jan. 16, 2007

Jan. 16, 2007

73

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)

Jan. 26, 2007

Jan. 26, 2007

74

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)

Feb. 6, 2007

Feb. 6, 2007

75

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

Feb. 7, 2007

Feb. 7, 2007

76

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

Feb. 9, 2007

Feb. 9, 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)

Feb. 22, 2007

Feb. 22, 2007

77

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

April 24, 2007

April 24, 2007

78

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

April 30, 2007

April 30, 2007

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

April 30, 2007

April 30, 2007

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

Dun and Bradstreet Corp. (Essex), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination