Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

01-3894 - ROMERO, et al v. ALLSTATE INSURANCE, et al


Download Files

Metadata

Document in Context
01-3894 - ROMERO, et al v. ALLSTATE INSURANCE, et al
June 20, 2007
PDF | More
MEMORANDUM AND OPINION THAT THE FOLLOWING MOTIONS ARE GRANTED: DEFENDANTS' MOTIONS FOR SUMAMRY JUDGMENT (DOCUMENTS NOS. 148 AND 150 IN 01-3894); PLAINTIFFS' MOTION FOR LEAVE TO FILE (DOCUMENTS NOS. 166 AND 179 IN 01-3894); DEFENDANTS' MOTION TO DISMISS (DOCUMENT NO. 29 IN 01-6764); DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCUMENT NO. 42 IN 01-7042). THE FOLLOWING MOTIONS ARE DENIED: DEFENDANTS' MOTION FOR ATTORNEY FEES (DOCUMENT NO. 21 IN 01-6764) PLAINTIFFS' MOTION FOR RECONSIDERATION OF DISMISSAL OF EMPLOYEE DEFINITION AMENDMENT CLAIM (DOCUMENT NO. 31 IN 01-6764). ALL OTHER PENDING MOTIONS ARE DISMISSED AS MOOT. COUNSEL MAY SUBMIT WITHIN 20 DAYS OF THE DATE OF THIS ORDER ANY ISSUES THAT MUST BE RESOLVED BEFORE THE CASE-FILES ARE CLOSED. SIGNED BY JUDGE JOHN P. FULLAM ON 06/20/07. 06/20/07 ENTERED AND COPIES MAILED, E-MAILED. COPIES FAXED BY CHAMBERS.(ac, )
July 28, 2010
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/28/10. 7/28/10 ENTERED AND COPIES MAILED AND E-MAILED.(ti, )
July 28, 2010
PDF | More
GNED BY HONORABLE RONALD L. BUCKWALTER ON 7/28/10. 7/28/10 ENTERED AND COPIES MAILED, E-MAILED.(ti, )ORDER THAT THE MOTION IS GRANTED AS SET FORTH IN THE ACCOMPANYING MEMORANDUM FILED THIS DATE. IT IS FURTHER ORDERED THAT THE PROPOSED SECOND AMENDED COMPLAINT ATTACHED TO PLAINTIFF'S MOTION SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SI
October 21, 2010
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/21/10. 10/21/10 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
October 21, 2010
PDF | More
ORDER THAT UPON CONSIDERATION OF THE MOTION BY PLAINTIFFS GENE R. ROMERO, ET AL. TO COMPEL DOCUMENTS RELATED TO THE RELEASE IN ACCORDANCE WITH THE COURT'S 4/7/2010 CASE MANAGEMENT ORDER, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/21/10. 10/21/10 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
November 10, 2010
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/9/10. 11/10/10 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
November 10, 2010
PDF | More
EBY ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/9/10. 11/10/10 ENTERED AND COPIES MAILED, E-MAILED.(ti, )ORDER THAT UPON CONSIDERATION OF DEFENDANT EDWARD M. LIDDY'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) 227, THE RESPONSE OF PLAINTIFFS GENE R. ROMERO, ET AL. 230, AND DEFENDANT'S REPLY BRIEF 232, IT IS HER
February 27, 2014
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/27/14. 2/28/14 ENTERED AND COPIES MAILED AND E-MAILED.(ti, ) Modified on 2/28/2014 (ti, ).
February 27, 2014
PDF | More
ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DENIED; ALLSTATE'S MOTION FOR SUMMARY JUDGMENT IS DENIED; AND DEFENDANT LIDDY'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/27/14. 2/28/14 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
March 13, 2014
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/13/14. 3/13/14 ENTERED AND COPIES E-MAILED.(ti, )
March 13, 2014
PDF | More
ORDER THAT THE EEOC'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 124 OF CIV. A. NO. 01-7042) IS DENIED. ALLSTATE'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 369 OF CIV. A. NO. 01-3894) IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF ALLSTATE AND AGAINST THE EEOC ON THE ENTIRETY OF THE EEOC'S AMENDED COMPLAINT (CIV. A. NO. 01-7042). CIVIL ACTION NUMBER 01-7042 IS CLOSED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/13/14. 3/13/14 ENTERED AND COPIES E-MAILED.(ti, )
April 7, 2014
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/14. 4/7/14 ENTERED AND COPIES MAILED AND E-MAILED.(ti, ) Modified on 4/7/2014 (ti, ).
April 7, 2014
PDF | More
ORDER THAT ALLSTATE'S MOTION FOR RECONSIDERATION IS DENIED. PLAINTIFFS' MOTION FOR RECONSIDERATION IS GRANTED AND THE COURT CLARIFIES THAT ITS 2/27/2014 MEMORANDUM AND ORDER DENYING THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT AS TO THE RELEASE DOES NOT OPERATE TO ADJUDICATE ANY ASPECT OF PLAINTIFFS' UNDERLYING BREACH OF CONTRACT CLAIMS. ALLSTATE'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/14. 4/7/14 ENTERED AND COPIES MAILED AND E-MAILED.(ti, )
October 6, 2014
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/6/14. 10/6/14 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
October 6, 2014
PDF | More
ORDER THAT THE MOTION FOR CLASS CERTIFICATION 467 IS DENIED; AND THE MOTION TO STRIKE THE DECLARATION OF MARTIN H. REDISH 472 IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/6/14. 10/6/14 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
November 12, 2015
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/12/15. 11/12/15 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
November 12, 2015
PDF | More
ORDER THAT UPON CONSIDERATION OF THE PARTIAL MOTION BY DEFENDANTS ALLSTATE INSURANCE COMPANY, ET AL TO DISMISS PLAITNIFFS' THIRD AMENDED COMPLAINT 656, THE PARTIAL MOTION BY DEFENDANT EDWARD LIDDY TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT 657, IT IS HEREBY ORDERED THAT BOTH MOTIONS ARE GRANTED. PLAINTIFFS AND INTERVENORS' STATE LAW BREACH-OF-CONTRACT AND BREACH-OF-FIDUCIARY CLAIMS (COUNTS V-VII IN THE ROMERO THIRD AMENDED COMPLAINT AND COUNTS IV-VI IN THE HARRIS AND MCLAUGHLIN COMPLAINTS) AND PLAINTIFFS AND INTERVENORS' RETALIATION CLAIMS UNDER THE ADEA AND ERISA CONCERNING THEIR TERMINATION OF EMPLOYMENT ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/10/15. 11/12/15 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
January 28, 2016
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/26/16. 1/28/16 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
January 28, 2016
PDF | More
ORDER THAT THE FOLLOWING MOTIONS ARE DENIED WITHOUT PREJUDICE, DEFENDANTS' MOTION TO BAR AND EXCLUDE REFERENCES 714; ALLSTATE'S MOTION TO BAR AND EXCLUDE 715; ALLSTATE'S MOTION TO EXCLUDE EVIDENCE AND ARGUMENT 716; ALLSTATE'S MOTION TO BAR AND EXCLUDE REFERENCES 717; ALLSTATE'S MOITON TO EXCLUDE SALES ORGANIZATION 718; ALLSTATE'S MOTION TO PRECLUDE 719; ALLSTATE'S MOTION TO BAR AND PRECLUDE ANY REFERENCES 720; ALLSTATE'S MOTION TO EXCLUDE HEARSAY 721; ALLSTATE'S MOTION TO PRECLUDE TESTIMONY 722; ALLSTATE'S MOTION TO BAR AND EXCLUDE EVIDENCE 723; ALLSTATE'S MOTION TO BAR EVIDENCE 724; ALLSTATE'S MOTION TO BAR AND PRECLUDE EVIDENCE 725; ALLSTATE'S MOTION TO SEQUESTER 726; ALLSTATE'S MOTION TO BAR AND EXCLUDE REFERENCES 727; ALLSTATE'S MOTION TO BAR AND EXCLUDE 728; ALLSTATE'S MOTION TO PRECLUDE PLAINTIFFS 729; ALLSTATE'S MOTION TO PRECLUDE PLAINTIFFS FROM ARGUING 730; ALLSTATE'S MOTION TO RENEW ITS MOTIONS 731; ALLSTATE'S MOTION TO MODIFY STATEMENT 732; PLAINTIFFS' RENEWED MOTION IN LIMINE TO COMPEL 737; PLAINTIFFS' RENEWED MOTION TO PRECLUDE TESTIMONY 738; AND PLAINTIFFS' MOTION TO AMEND 713. THE FOLLOWING MOTIONS ARE DENIED AS MOOT, ALLSTATE'S MOTION TO DISMISS 764; DEFENDANT EDWARD M. LIDDY'S MOTION TO DISMISS 765; ALLSTATE'S MOTION FOR LEAVE TO FILE REPLY BRIEFS 793; AND PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR-REPLY 802. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/26/16. 1/28/16 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
March 17, 2016
PDF | More
MEMORANDUM AND ORDER THAT ROMERO PLAINTIFFS MOTION FOR RECONSIDERATION OF THE 11/12/15 ORDER OR ALTERNATIVELY FOR CERTIFICATION OF ORDER FOR IMMEDIATE APPEAL ARE GRANTED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/17/16. 3/17/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) Modified on 3/24/2016 (ti, ). (VACATED PER ORDER 836)
March 17, 2016
PDF | More
ORDER THAT ROMERO PLAINTIFFS MOTION FOR RECONSIDERATION OF THE 11/12/15 ORDER OR ALTERNATIVELY FOR CERTIFICATION OF ORDER FOR IMMEDIATE APPEAL ARE GRANTED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/17/16. 3/17/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) Modified on 3/24/2016 (ti, ). (VACATED PER ORDER 836)
May 3, 2016
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE MARK A. KEARNEY ON 5/3/16. 5/4/16 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
May 3, 2016
PDF | More
IO AND THE RELEASE IS UNENFORCEABLE AS TO ALL OF THEIR FEDERAL AND STATE CLAIMS. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/3/16. 5/4/16 ENTERED AND COPIES MAILED, E-MAILED.(ti, )ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO AMEND 818, IT IS ORDERED THAT PLAINTIFFS' MOTION IS DENIED AS TO THE JANUARY 28, 2016 FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND GRANTED AS TO THE FEBRUARY 10, 2016 AMENDED JUDGMENT ORDER. WE AMEND THE AMENDED JUDGMENT ORDER 817 TO CONFIRM COUNSELS' AGREEMENT ON THE EFFECT OF THE JURY VERDICT: JUDGMENT IS ENTERED ON THE JURY VERDICTS IN FAVOR OF PLAINTIFFS BOYD, CREASE, HARPER, KEARNEY, KELY, LAWSON, PETERSON, AND REINER
May 4, 2016
PDF | More
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/4/16. 5/4/16 ENTERED AND COPIES MAILED/EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )
May 4, 2016
PDF | More
ORDER THAT DEFENDANTS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW UNDER RULE 50(B) OR, IN THE ALTERNATIVE, FOR A NEW TRIAL UNDER RULE 59, PLAINTIFFS' OPPOSITION, DEFENDANTS' REPLY AND FOR REASONS IN THE ACCOMPANY MEMORANDUM IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/4/16. 5/4/16 ENTERED AND COPIES MAILED/EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )
July 6, 2016
PDF | More
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/16. 7/6/16 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )
July 6, 2016
PDF | More
ORDER THAT THE MOTIONS TO DISMISS PLAINTIFFS' STATE LAW CLAIMS ARE GRANTED IN PART AND DENIED IN PART. DEFENDANTS SHALL ANSWER THE CONSOLIDATED COMPLAINT NO LATER THAN 7/20/16. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/16. 7/6/16 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )
November 4, 2016
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 11/4/16. 11/4/16 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) Modified on 11/4/2016 (ti, ).
November 4, 2016
PDF | More
ENTERED AND COPIES MAILED, E-MAILED.(ti, )ORDER THAT THE ALLSTATE DEFENDANTS' MOTION FOR LEAVE TO FILE INSTANTER A LETTER BRIEF IN EXCESS OF 5 PAGES IN OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL 941 IS GRANTED; ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 11/4/16. 11/4/16
November 22, 2016
PDF | More
MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE MARK A. KEARNEY ON 11/22/16. 11/22/16 ENTERED AND COPIES MAILED, E-MAILED.(ti, )
November 22, 2016
PDF | More
D COPIES MAILED, E-MAILED.(ti, )ORDER THAT UPON CONSIDERATION OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT 917, IT IS ORDERED THAT DEFENDANTS' MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/22/16. 11/22/16 ENTERED AN
April 27, 2017
PDF | More
MEMORANDUM WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING OUR PHASE I NON-JURY TRIAL ON ERISA'S ANTI-CUTBACK RULES. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/27/2017. 4/27/2017 ENTERED AND COPIES MAILED, E-MAILED.(ahf)
April 27, 2017
PDF | More
AILED.(ahf)ORDER THAT DEFENDANTS' NOVERMBER 1991 AMENDMENT TO THE ALLSTATE AGENTS PENSION PLAN IS NOT A CUTBACK OF THE EARLY RETIREMENT BEEF-UP SUBSIDY BENEFIT UNDER ERISA 204(g), 29 U.S.C. 1054(g). DEFENDANTS' INTERPRETATION OF THE TERM "RETIRE" IN THE PLAN TO DENY ELIGIBILITY FOR THE EARLY RETIREMENT BEEF-UP SUBSIDY BENEFIT TO CERTAIN EXCLUSIVE AGENTS (EA) CONSTITUTES A CUTBACK IN VIOLATION OF ERISA 204(g) BECAUSE THIS MISINTERPRETATION DENIED CERTAIN EAS'S THE PROTECTION OF THE SAFE HARBOR PROVISION. ON OR BEFORE 5/10/2017, DEFENDANTS SHALL CALCULATE AND PROVIDE PLAINTIFFS' COUNSEL WITH SUFFICIENT DATA TO ALLOW PLAINTIFFS, TO FILE AN ACCOUNTING ON OR BEFORE 5/16/2017 COMPARING ALTERNATIVES NOS. 1 AND 2 FOR ANY GROUP TWO, THREE OR FOUR PLAINTIFF BASED ON THE DEFENDANTS' NOVEMBER 1991 SAFE HARBOR AMENDMENT. DEFENDANTS MAY FILE OBJECTIONS TO THIS ACCOUNTING BY 5/26/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/27/2017. 4/27/2017 ENTERED AND COPIES MAILED, E-M
April 27, 2017
PDF | More
MEMORANDUM. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/27/2017. 4/27/2017 ENTERED AND COPIES MAILED, E-MAILED.(ahf)
September 5, 2017
PDF | More
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/2017. 9/5/2017 ENTERED AND COPIES MAILED, E-MAILED.(kp, )
September 5, 2017
PDF | More
ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON CRAIG MILLISON'S RETALIATION CLAIMS IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/2017. 9/5/2017 ENTERED AND COPIES MAILED, E-MAILED.(kp, )
September 5, 2017
PDF | More
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/17. 9/5/17 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(kw, )
September 5, 2017
PDF | More
ORDER THAT DEFTS' MOTION (ECF DOC. NO. 1174) IS GRANTED AS THERE ARE NO GENUINE ISSUES OF MATERIAL FACT PRECLUDING JUDGMENT AS A MATTER OF LAW BARRING THESE DISPARATE TREATMENT CLAIMS AS UNTIMELY & REQUIRING WE DISMISS PLFFS JOSEPH ECKERT'S, STEVEN EVANS', PHILIP METCALFE'S, CRAIG MILLISON'S PAULA SCHOTT'S & STANLEY SUWALA'S CLAIMS IN COUNT IV. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/17. 9/5/17 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(kw, )
September 5, 2017
PDF | More
MEMORANDUM AND/OR OPINION.SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/17. 9/5/17 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(kw, )
September 5, 2017
PDF | More
ORDER THAT DEFTS' MOTION (ECF DOC. NO. 1182) IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/17. 9/5/17 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(kw, )
January 29, 2018
PDF | More
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/18. 1/30/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 1/30/2018 (jaa, ).
January 29, 2018
PDF | More
ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF DOC. NO. 1248) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/18. 1/30/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 1/30/2018 (lisad, ).
January 29, 2018
PDF | More
ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON A VARIETY OF PLAINTIFFS' ADEA DISPARATE TREATMEN CLAIMS (COUNT IV) REQUIRING INDIVIDUALIZED RESOLUTION OF EXHAUSTION ISSUES IS DENIED WITHOUT PREJUDICE AND A TELEPHONIC STATUS CONFERENCE WILL BE HELD ON FRIDAY, FEBRUARY 9, 2018 AT 12:30 P.M. AS OUTLINED. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/18. 1/30/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 1/30/2018 (jaa, ). *FILED IN ERROR.