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/


Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Hedges, Ronald J. (New Jersey)

Attorney for Plaintiff

Meites, Thomas R. (Illinois)

Attorney for Defendant

Gusman, Adam K. (Illinois)

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Documents in the Clearinghouse

Document

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 2006

Docket

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

Last updated Feb. 9, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

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

Sept. 7, 2005

Sept. 7, 2005

2

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

Sept. 7, 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

Sept. 7, 2005

5

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

Sept. 20, 2005

Sept. 20, 2005

6

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

Sept. 20, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Feb. 17, 2006

28

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

Feb. 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

Feb. 27, 2006

30

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

March 3, 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

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

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

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

March 30, 2006

35

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

March 30, 2006

March 30, 2006

RECAP
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

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

May 4, 2006

Case Details

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Disparate Treatment

Pay / Benefits

Discrimination-basis:

Age discrimination