Winnett et al v. Caterpillar, Inc.

Filing 464

ORDER: For the reasons expressed in the accompanying Memorandum, the Motion for Summary filed by the third-party defendant, the International Union, UAW, 398 is Granted and Caterpillar's Motion to Re-Open Discovery for the Limited Purpose of D eposing Roger J. McClow, or in the Alternative, to Strike the Declaration of Roger J. McClow 458 is Denied. Caterpillar's Third-Party Complaint against the UAW in these cases is DISMISSED. The Motions for Summary Judgment filed by the Winnett 404 and by Caterpillar 410 are GRANTED IN PART AND DENIED IN PART as described in the attached Memorandum. In Winnett, Caterpillar remains enjoined from deducting premium charges for the CLS subclass' retiree healthcare coverage but, going f orward, Caterpillar is no longer enjoined from charging the other "specific charges" mentioned in the court's 9/16/2008 Order. As the liability issues that would have been the subject of the June 2010 and August 2010 trials set in these cases have been resolved, those trial settings will be removed from the calendar. The parties have indicated that additional discovery into damages will be necessary. Signed by District Judge Aleta A. Trauger on 3/26/10. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GARY T. WINNETT, et al., ) ) Plaintiffs, ) ) v. ) Case No. 3:06-0235 ) Judge Trauger CATERPILLAR INC., ) ) Defendant/Third-Party Plaintiff, ) ) v. ) ) INTERNATIONAL UNION, UAW, et al. ) ) Third-Party Defendants. ) ) ______________________________________________________________________________ JUDITH K. KERNS, et al., Plaintiffs, v. CATERPILLAR INC., Defendant/Third-Party Plaintiff, v. INTERNATIONAL UNION, UAW, et al. Third-Party Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER For the reasons expressed in the accompanying Memorandum, the Motion for Summary

Case No. 3:06-1113 Judge Trauger

Judgment filed by the third-party defendant, the International Union, UAW ("UAW"), in these cases (Winnett Docket No. 398 and Kerns Docket No. 207) is GRANTED and Caterpillar's Motion to Re-Open Discovery for the Limited Purpose of Deposing Roger J. McClow, or in the Alternative, to Strike the Declaration of Roger J. McClow (Winnett Docket No. 458; Kerns Docket No. 259) is DENIED. Caterpillar's Third-Party Complaint against the UAW in these cases is DISMISSED. The Motions for Summary Judgment filed by the Winnett (Docket No. 404) and Kerns plaintiffs (Docket No. 213) and by Caterpillar in these cases (Winnett Docket No. 410 and Kerns Docket No. 214) are GRANTED IN PART AND DENIED IN PART as described in the attached Memorandum. In Winnett, Caterpillar remains enjoined from deducting premium charges for the CLS subclass' retiree healthcare coverage but, going forward, Caterpillar is no longer enjoined from charging the other "specific charges" mentioned in the court's September 16, 2008 Order (Winnett Docket No. 307). As the liability issues that would have been the subject of the June 2010 and August 2010 trials set in these cases have been resolved, those trial settings will be removed from the calendar. The parties have indicated that additional discovery into damages will be necessary. It is so ordered. Enter this 26th day of March 2010.

ALETA A. TRAUGER United States District Judge