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06-032 - Alday et al v. Raytheon Company


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06-032 - Alday et al v. Raytheon Company
August 8, 2006
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ORDER denying 9 Motion to Dismiss Case. Motion to Dismiss the LMRA claim is w/o prejudice to Defendant's reurging the arguments in a motion for summary judgment after the close of discovery. Plaintiffs have 20 days from the filing date of this Order to brief the jurisdictional issues, including identifying any relevant CBA grievance procedures, exhaustion or waiver of such procedures, and whether the Union is a necessary party. Defendant may file a Response within 20 days of receiving a copy of the Plaintiffs' brief, and Plaintiff may file a Reply within 10 days of receiving a copy of the Response. IT IS FURTHER ORDERED that subsequent to affirmatively resolving all jurisdictional questions over the LMRA claim, Plaintiffs shall be granted leave to amend the Complaint to cure any jurisdictional deficiencies and to properly plead the 502(a)(3)ERISA claim.. Signed by Judge David C Bury on 7/27/2006. (TAD, )
January 4, 2008
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ORDER granting 63 Motion to Certify Class; granting 68 Motion for Judgment. Plaintiffs claims for punitive damages and claims for extra-contractualdamages are dismissed. See attached PDF for complete information. Signed by Judge David C Bury on 1/4/2008.(TAD, )
August 5, 2008
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ORDER finding as moot 79 Pla's Motion for Preliminary Injunction; denying 105 Dft's Motion for Summary Judgment; granting 106 Pla's Motion for Summary Judgment. FURTHER ORDERED Clerk of the Court shall enter Judgment forPla's, ordering the Dft to restore retiree health care benefits to the levels that existed prior to 7/1/04, compensate class members for premiums that they paid since 7/1/04, & permanently enjoin the Dft from, hereafter, eliminating or reducing retiree health care benefits for the class members contrary to the CBAs. Signed by Judge David C Bury on 8/4/08. (JEMB, )