This case was last updated from U.S. Courts Of Appeals on 11/30/2021 at 06:05:12 (UTC).

Andrew Albert v. Oshkosh Corporation, et al

Case Summary

On 10/01/2021 Andrew Albert filed a Labor - Employee Benefit lawsuit against Oshkosh Corporation. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Seventh Circuit. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    21-2789

  • Filing Date:

    10/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Employee Benefit

 

Party Details

Plaintiff / Appellant

ANDREW ALBERT

Defendant / Appellees

OSHKOSH CORPORATION

BOARD OF DIRECTORS OF THE OSHKOSH CORPORATION

ADMINISTRATIVE COMMITTEE OF THE OSHKOSH CORPORATION AND AFFILIATES EMPLOYEES BENEFIT PLANS

JOHN DOES

Attorney/Law Firm Details

Plaintiff / Appellant Attorney

Paul M. Secunda

Attorney at WALCHESKE & LUZI, LLC

235 N. Executive Drive

Brookfield, WI 53005-0000

Defendant / Appellee Attorneys

Deborah Shannon Davidson

Attorney at MORGAN, LEWIS & BOCKIUS LLP

110 N. Wacker Drive

Chicago, IL 60606

Bernard Bobber

Attorney at OGLETREE DEAKINS

1243 N. Tenth Street

Milwaukee, WI 53205

Samuel Block

Attorney at MORGAN, LEWIS & BOCKIUS LLP

110 N. Wacker Drive

Chicago, IL 60606

Jeremy P. Blumenfeld

Attorney at MORGAN, LEWIS & BOCKIUS LLP

1701 Market Street

Philadelphia, PA 19103-2921

Mark E. Schmidtke

Attorney at OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

56 S. Washington Street

Valparaiso, IN 46385

Matthew J. Sharbaugh

Attorney at MORGAN, LEWIS & BOCKIUS LLP

1111 Pennsylvania Avenue N.W.

Washington, DC 20004-2541

Kevin J. Kinney

Attorney at OGLETREE DEAKINS

1243 N. Tenth Street

Milwaukee, WI 53205

 

Court Documents

#17

(#17) ORDER re: APPELLEES MOTION TO STAY BRIEFING SCHEDULE PENDING A DECISION BY THE SUPREME COURT IN HUGHES V. NORTHWESTERN UNIVERSITY. The appellant shall file a response to the motion to suspend briefing on or before December 7, 2021. Further, briefing is temporarily SUSPENDED pending resolution of this motion. MEK [17] [7201175] [21-2789] (AD) [Entered: 11/23/2021 02:44 PM]

#16

(#16) Motion filed by Appellees Oshkosh Corporation, Board of Directors of the Oshkosh Corporation and Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans for stay of Briefing Schedule Pending a Decision by the Supreme Court in Hughes v. Northwestern University. [16] [7200488] [21-2789] (Blumenfeld, Jeremy) [Entered: 11/19/2021 04:35 PM]

#15

(#15) ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 01/18/2022 for Andrew Albert. Appellees' brief due on or before 02/18/2022 for Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation, John Does and Oshkosh Corporation. Appellant's reply brief, if any, is due on or before 03/11/2022 for Appellant Andrew Albert. RJS [7196347] [21-2789] (MM) [Entered: 11/02/2021 11:15 AM]

#14

(#14) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark E. Schmidtke for Appellees Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation and Oshkosh Corporation. [14] [7196151] (L-Yes; E-Yes; R-No) [21-2789] [14] [7196151] [21-2789]--[Edited 11/01/2021 by HTP to reflect addition of counsel.] (Schmidtke, Mark) [Entered: 11/01/2021 03:43 PM]

#13

(#13) ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 12/15/2021 for Andrew Albert. Appellee's brief due on or before 01/18/2022 for Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation, John Does and Oshkosh Corporation. Appellant's reply brief, if any, is due on or before 02/08/2022 for Appellant Andrew Albert RJS [7195375] [21-2789] (AP) [Entered: 10/28/2021 02:29 PM]

#12

(#12) Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Monday, November 15, 2021 at 2:00 pm. Central Time. See Notice for further details and requirements. JB. [12] [7195367] [21-2789] (AP) [Entered: 10/28/2021 02:25 PM]

#11

(#11) ORDER: In light of the district courts order of October 22, 2021, denying plaintiffs motion to vacate judgment, stay action, and alter or amend judgment, this appeal shall proceed to briefing. The briefing schedule is as follows: Appellant's brief due on or before 12/01/2021 for Andrew Albert. Appellee's brief due on or before 01/03/2022 for Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation, John Does and Oshkosh Corporation. Appellant's reply brief, if any, is due on or before 01/24/2022 for Appellant Andrew Albert. DW [7195080] [21-2789] (CG) [Entered: 10/27/2021 04:10 PM]

#10

(#10) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew J. Sharbaugh for Appellees Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation and Oshkosh Corporation. [10] [7194018] (L-Yes; E-Yes; R-No) [21-2789] [10] [7194018] [21-2789]--[Edited 10/22/2021 by HTP to reflect addition of counsel.] (Sharbaugh, Matthew) [Entered: 10/22/2021 03:55 PM]

#9

(#9) Filed District Court order dated 10/22/2021. Plaintiffs motion to vacate judgment, stay action, and alter or amend judgment (Dkt. No. 50) is DENIED. Plaintiff may seek a stay from the Seventh Circuit Court of Appeals. Forwarded to DW & SCR. [9] [7194013] [21-2789] (JR) [Entered: 10/22/2021 03:47 PM]

#8

(#8) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jeremy P. Blumenfeld for Appellees Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation and Oshkosh Corporation. [8] [7191433] (L-Yes; E-Yes; R-No) [21-2789] [8] [7191433] [21-2789]--[Edited 10/13/2021 by HTP to reflect addition of counsel.] (Blumenfeld, Jeremy) [Entered: 10/12/2021 07:04 PM]

#7

(#7) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Samuel D. Block for Appellees Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation and Oshkosh Corporation. [7] [7191375] (L-Yes; E-Yes; R-No) [21-2789] [7] [7191375] [21-2789]--[Edited 10/12/2021 by HTP to reflect addition of counsel.] (Block, Samuel) [Entered: 10/12/2021 03:54 PM]

#6

(#6) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Deborah S. Davidson for Appellees Board of Directors of the Oshkosh Corporation, Oshkosh Corporation and Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans. [6] [7191365] (L-Yes; E-Yes; R-No) [21-2789] (Davidson, Deborah) [Entered: 10/12/2021 03:45 PM]

#4

#3

#2

1 #3

Notice to District Court

1 #2

Attorney / Party Notice of Docketing

#1

Civil Case

7 More Documents Available

 

Docket Entries

  • 11/23/2021
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  • Docket(#17) ORDER re: APPELLEES MOTION TO STAY BRIEFING SCHEDULE PENDING A DECISION BY THE SUPREME COURT IN HUGHES V. NORTHWESTERN UNIVERSITY. The appellant shall file a response to the motion to suspend briefing on or before December 7, 2021. Further, briefing is temporarily SUSPENDED pending resolution of this motion. MEK [17] [7201175] [21-2789] (AD) [Entered: 11/23/2021 02:44 PM]

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  • 11/19/2021
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  • Docket(#16) Motion filed by Appellees Oshkosh Corporation, Board of Directors of the Oshkosh Corporation and Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans for stay of Briefing Schedule Pending a Decision by the Supreme Court in Hughes v. Northwestern University. [16] [7200488] [21-2789] (Blumenfeld, Jeremy) [Entered: 11/19/2021 04:35 PM]

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  • 11/02/2021
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  • Docket(#15) ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 01/18/2022 for Andrew Albert. Appellees' brief due on or before 02/18/2022 for Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation, John Does and Oshkosh Corporation. Appellant's reply brief, if any, is due on or before 03/11/2022 for Appellant Andrew Albert. RJS [7196347] [21-2789] (MM) [Entered: 11/02/2021 11:15 AM]

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  • 11/01/2021
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  • Docket(#14) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark E. Schmidtke for Appellees Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation and Oshkosh Corporation. [14] [7196151] (L-Yes; E-Yes; R-No) [21-2789] [14] [7196151] [21-2789]--[Edited 11/01/2021 by HTP to reflect addition of counsel.] (Schmidtke, Mark) [Entered: 11/01/2021 03:43 PM]

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  • 10/28/2021
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  • Docket(#13) ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 12/15/2021 for Andrew Albert. Appellee's brief due on or before 01/18/2022 for Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation, John Does and Oshkosh Corporation. Appellant's reply brief, if any, is due on or before 02/08/2022 for Appellant Andrew Albert RJS [7195375] [21-2789] (AP) [Entered: 10/28/2021 02:29 PM]

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  • 10/28/2021
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  • Docket(#12) Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Monday, November 15, 2021 at 2:00 pm. Central Time. See Notice for further details and requirements. JB. [12] [7195367] [21-2789] (AP) [Entered: 10/28/2021 02:25 PM]

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  • 10/27/2021
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  • Docket(#11) ORDER: In light of the district courts order of October 22, 2021, denying plaintiffs motion to vacate judgment, stay action, and alter or amend judgment, this appeal shall proceed to briefing. The briefing schedule is as follows: Appellant's brief due on or before 12/01/2021 for Andrew Albert. Appellee's brief due on or before 01/03/2022 for Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation, John Does and Oshkosh Corporation. Appellant's reply brief, if any, is due on or before 01/24/2022 for Appellant Andrew Albert. DW [7195080] [21-2789] (CG) [Entered: 10/27/2021 04:10 PM]

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  • 10/22/2021
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  • Docket(#10) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew J. Sharbaugh for Appellees Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation and Oshkosh Corporation. [10] [7194018] (L-Yes; E-Yes; R-No) [21-2789] [10] [7194018] [21-2789]--[Edited 10/22/2021 by HTP to reflect addition of counsel.] (Sharbaugh, Matthew) [Entered: 10/22/2021 03:55 PM]

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  • 10/22/2021
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  • Docket(#9) Filed District Court order dated 10/22/2021. Plaintiffs motion to vacate judgment, stay action, and alter or amend judgment (Dkt. No. 50) is DENIED. Plaintiff may seek a stay from the Seventh Circuit Court of Appeals. Forwarded to DW & SCR. [9] [7194013] [21-2789] (JR) [Entered: 10/22/2021 03:47 PM]

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  • 10/12/2021
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  • Docket(#8) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jeremy P. Blumenfeld for Appellees Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation and Oshkosh Corporation. [8] [7191433] (L-Yes; E-Yes; R-No) [21-2789] [8] [7191433] [21-2789]--[Edited 10/13/2021 by HTP to reflect addition of counsel.] (Blumenfeld, Jeremy) [Entered: 10/12/2021 07:04 PM]

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  • 10/12/2021
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  • Docket(#7) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Samuel D. Block for Appellees Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans, Board of Directors of the Oshkosh Corporation and Oshkosh Corporation. [7] [7191375] (L-Yes; E-Yes; R-No) [21-2789] [7] [7191375] [21-2789]--[Edited 10/12/2021 by HTP to reflect addition of counsel.] (Block, Samuel) [Entered: 10/12/2021 03:54 PM]

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  • 10/12/2021
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  • Docket(#6) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Deborah S. Davidson for Appellees Board of Directors of the Oshkosh Corporation, Oshkosh Corporation and Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans. [6] [7191365] (L-Yes; E-Yes; R-No) [21-2789] (Davidson, Deborah) [Entered: 10/12/2021 03:45 PM]

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  • 10/07/2021
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  • Docket(#4) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kevin J. Kinney for Appellees Oshkosh Corporation, Board of Directors of the Oshkosh Corporation and Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans. [4] [7190567] (L-No; E-Yes; R-No) [21-2789] [4] [7190567] [21-2789]--[Edited 10/07/2021 by HTP to reflect addition of counsel.] (Kinney, Kevin) [Entered: 10/07/2021 10:51 AM]

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  • 10/07/2021
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  • Docket(#3) Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Bernard J. Bobber for Appellees Oshkosh Corporation, Board of Directors of the Oshkosh Corporation and Administrative Committee of the Oshkosh Corporation and Affiliates Employees Benefit Plans. [3] [7190564] (L-No; E-Yes; R-No) [21-2789] [3] [7190564] [21-2789]--[Edited 10/07/2021 by HTP to reflect addition of counsel.] (Bobber, Bernard) [Entered: 10/07/2021 10:46 AM]

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  • 10/06/2021
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  • Docket(#2) ORDER: A preliminary review of the short record indicates that the order appealed from may not be a final appealable judgment within the meaning of 28 U.S.C. 1291. A notice of appeal filed before the district court issues its ruling on a timely Rule 59 motion is ineffective until the order disposing of the motion is entered on the district court's civil docket. Fed. R. App. P. 4(a)(4). Plaintiff-appellant Andrew Albert shall file, a brief memorandum stating why this appeal should not be STAYED pending the entry of the order disposing of the motion. A motion for voluntary dismissal pursuant to FRAP 42(b) will satisfy this requirement. Briefing is SUSPENDED pending further court order. (See order for further details). DW [2] Jurisdictional memorandum due for Appellant Andrew Albert by 10/20/2021. [2] [7190351] [21-2789] (HTP) [Entered: 10/06/2021 12:19 PM]

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  • 10/01/2021
  • Docket(#5) No attorney(s) added for Appellee John Does, per District Court docket and information sheet. [5] [7190576] [21-2789] (ER) [Entered: 10/07/2021 11:05 AM]

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  • 10/01/2021
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  • Docket(#1) Private civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 10/15/2021. Appellant's brief due on or before 11/10/2021 for Andrew Albert [1] [7189404] [21-2789] (ER) [Entered: 10/01/2021 12:23 PM]

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