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03-1342 - Moore et al v. Rohm&Haas Co. et al


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03-1342 - Moore et al v. Rohm&Haas Co. et al
September 30, 2008
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Memorandum Opinion and Order granting in part and denying in part Motion for summary judgment (Related Doc # 162); granting in part and denying in part Motion for summary judgment (Related Doc # 169); and denying as moot Motion to strike (Related Doc # 182). (SEE order for specifics). The Court will conduct a status conference in this case on October 27, 2008, at 11:30 a.m. in Chambers 402 before Judge David D. Dowd Jr. At that time, the Court will inquire of defendants if there is any reason that the Court should not put on an Order requiring defendants to perform their statutory obligations under the retiree health benefits' plan and labor agreements consistent with this Memorandum Opinion. Signed by Judge David D. Dowd, Jr. on 9/30/2008. (M,De)
September 30, 2008
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Judgment Entry that for the reasons set forth in the Memorandum Opinion 200 filed contemporaneously with this Judgment Entry, the plaintiffs' motion for summary judgment (Document 169) with respect to Subclass A and B plaintiffs is granted as to liability and denied as to damages. Plaintiffs' motion for summary judgment (Document 169) with respect to Subclass C plaintiffs is granted to the extent that Subclass C plaintiffs are vested in their retiree health benefits; denied to the extent that defendants violated the applicable collective bargaining agreements since 2006 by not reducing the actual cost of retiree medical insurance by the full amount of defendants' Medicare D subsidy; and denied as to damages. Defendants' motion for summary judgment (Document 162) with respect to Subclass A and B plaintiffs is denied. Defendants' motion for summary judgment (Document 162) with respect to Subclass C plaintiffs is denied to the extent that Subclass C plaintiffs are not vested in their retiree health benefits; granted to the extent that defendants did not violate the applicable collective bargaining agreements since 2006 by not reducing the actual cost of retiree medical insurance by the full amount of defendants' Medicare D subsidy; and denied as to damages. Defendants' motion to strike (Document 182) is denied as moot. The Court will conduct a status conference in this case on October 27, 2008, at 11:30 a.m. At that time, the Court will inquire of defendants if there is any reason that the Court should not put on an Order requiring defendants to perform their statutory obligations under the retiree health benefits' plan and labor agreements consistent with the contemporaneously filed Memorandum Opinion. In addition, the parties should be prepared to discuss what discovery, if any, is necessary regarding damages. Signed by Judge David D. Dowd, Jr. on 9/30/2008. (M,De)