Shy, et al v. Navistar Int'l Corp, et al, No. 3:1992cv00333 - Document 583 (S.D. Ohio 2021)
Court Description: 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.)
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Shy, et al v. Navistar Int'l Corp, et al Doc. 583 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 1 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. Dockets.Justia.com 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 2
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