Shy, et al v. Navistar Int'l Corp, et al

Filing 583

DECISION AND ENTRY OVERRULING AS MOOT MOTION TO DISMISS (DOC. # 557 ). Signed by Judge Walter H. Rice on 9/17/2021. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 3:92-cv-00333-WHR Doc #: 583 Filed: 09/17/21 Page: 1 of 2 PAGEID #: 5996

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ART SHY, et al.,
Plaintiffs,
V.

Case No. 3:92-cv-0333
JUDGE WALTER H. RICE

NAVISTAR INTERNATIONAL
CORPORATION, et. al.,
Defendants.

DECISION AND ENTRY OVERULING AS MOOT MOTION TO
DISMISS (DOC. #557)

This matter is before the Court pursuant to a Motion to Dismiss filed by the
Supplemental Benefit Committee of the Navistar International Transportation
Corporation (the "SBC"). Doc. #557. In their Motion, filed September 9, 2020, the
SBC moved to dismiss Defendants Navistar International Corporation and
Navistar, lnc.'s Statement Regarding Phase 2 of the Hearings on the Motion to
Reform the 1993 Consent Decree ("Statement").1 Said Statement, attached as an
exhibit to the SBC's Motion to Dismiss, Doc. #557-4, was submitted to chambers
and served on all parties of record. Defendants filed a response in opposition to

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The Phase 1 hearing of Defendants' Motion to Reform the 1993 Consent Decree, Doc.
#537, was held on June 1, 15, 26 and July 1, 2020.

Case: 3:92-cv-00333-WHR Doc #: 583 Filed: 09/17/21 Page: 2 of 2 PAGEID #: 5997

the SBC's Motion, Doc. #558, the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America (" UAW" ) filed a
response in support of the Motion and the SBC filed a reply. Doc. #560. On April
14, 2021, the Court filed a Decision and Entry overruling Phase 1 of Defendants'
Motion to Reform the 1993 Consent Decree, Doc. #537, based on Navistar's
current financial standing and the evolution of the healthcare marketplace. Doc.
#574. The Decision and Entry further stated that "Navistar's Motion to Reform the
Consent Decree, Doc. #537, is OVERRULED in its entirety." Id
Pursuant to the Court's Decision and Entry, Doc. #574, the SBC's Motion to
Dismiss, Doc. #557, is OVERRULED as moot.

Date: September 17, 2021
WALTER H. RICE
UNITED STATES DISTRICT JUDGE

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