Free Status Report - District Court of Connecticut - Connecticut

Case 3:01-cv-02065-CFD

Document 68

Filed 02/10/2005

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT EUGENE PANECCASIO Plaintiff, v. UNISOURCE WORLDWIDE, INC., et al. Defendants : : : : : : : : : :

CIVIL ACTION

NO. 3:01CV2065(CFD)

February 9, 2005

DEFENDANTS' JOINT STATUS REPORT Pursuant to the Court's Order dated January 21, 2005, the defendants, by their attorneys, hereby submit this joint status report concerning the above-captioned action. A. Nature of the Case 1. Briefly describe the nature of this matter, the parties, the relief requested, and any relationship this case may have to other pending actions. In his Complaint, Plaintiff Eugene Paneccasio alleges that Defendants discriminated against him because of his age in violation of the Age Discrimination in Employment Act ("ADEA") by terminating the IKON Office Solutions, Inc. 1991 Deferred Compensation Plan (the "Plan"). Plaintiff further alleges that Defendants violated the Employee Retirement Income Security Act ("ERISA"). Plaintiff seeks relief in the amount of benefits that would have been payable under the Plan had the Plan not been terminated. This matter was consolidated with Callahan v. Unisource Worldwide, Inc., Civil Action No. 3:01CV1205(CFD) for discovery purposes only. 2. Are there any motion spending? If so, list them. The Motions for Summary Judgment of the Unisource Defendants and the IKON Defendants are currently pending. 3. Will this matter be tried to a jury or to the court? If it will be tried partially to each, explain.

PHLEGAL: #1695085 v1 (10BXP01!.DOC)

Case 3:01-cv-02065-CFD

Document 68

Filed 02/10/2005

Page 2 of 5

Plaintiff has demanded a trial by jury. However, there is no right to a trial by jury with respect to Plaintiff's claims under ERISA and, therefore, only Plaintiff's ADEA claim can be tried by a jury. B. Discovery 1. Is discovery completed? If not, how much additional time is requested? Will there be a request for a modification of the Scheduling Order? What will be the request? Discovery has been completed. C. Settlement 1. When was the last settlement conference and who conducted it? No settlement conference has been conducted to date. 2. Are there any outstanding reports due any party or the person conducting the settlement conference? No. 3. Do the parties believe a settlement conference would be beneficial at this time? The defendants have never received a demand from the plaintiff and therefore cannot assess whether a settlement conference would be beneficial at this time. D. Trial Preparation 1. When will the case be ready for trial 90 days after the Court's decision on all motions for summary judgment. 2. What additional preparation, other than that previously discussed, is required? The parties are not aware of any additional preparation that would be required at this time. 3. Are there additional pleadings to be filed? If so, state their nature. No. 4. Has a joint trial memorandum been filed? If not, when is it due?

PHLEGAL: #1695085 v1 (10BXP01!.DOC)

Case 3:01-cv-02065-CFD

Document 68

Filed 02/10/2005

Page 3 of 5

No. The joint trial memorandum is due 60 days after the Court's decision on all motions for summary judgment. Respectfully submitted,

Kay Kyungsun Yu Federal Bar No. ct13440 Pepper Hamilton LLP 3000 Two Logan Square Eighteenth & Arch Streets Philadelphia, PA 19103-2799 (215) 981-4188 Telephone (215) 689-4515 Facsimile OF COUNSEL: Joseph J. Costello Morgan Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103-2921 (215) 963-5295 Robert L. Wyld Federal Bar No. ct04333 Patrick M. Fahey Federal Bar No. ct13872 Shipman & Goodwin One Constitution Plaza Hartford, Connecticut 06103 (860) 251-5620/5824 For the IKON Defendants

LOCAL COUNSEL:

PHLEGAL: #1695085 v1 (10BXP01!.DOC)

Case 3:01-cv-02065-CFD

Document 68

Filed 02/10/2005

Page 4 of 5

_____________________________________ Felix J. Springer Federal Bar No. ct05700 Jennifer L. Sachs Federal Bar No. ct20684 Day, Berry & Howard, LLP CityPlace I Hartford, CT 06103-3499 (860) 275-0100 Telephone (860) 275-0343 Facsimile Rayne Rasty Federal Bar No. ct24918 Georgia-Pacific Corporation 133 Peachtree St. NE Atlanta, GA 30303 (404) 652-4972 For the Unisource Defendants

PHLEGAL: #1695085 v1 (10BXP01!.DOC)

Case 3:01-cv-02065-CFD

Document 68

Filed 02/10/2005

Page 5 of 5

CERTIFICATE OF SERVICE This is to certify that on this date, I served a copy of the foregoing via first-class mail, postage prepaid to: Andrew B. Bowman, Esq. 1804 Post Road East Westport, CT 06880 Joseph J. Costello, Esq. Morgan, Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103-2921 Kay Kyungsun Yu, Esq. Pepper Hamilton LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103 Robert L. Wyld, Esq. Patrick Fahey, Esq. Shipman & Goodwin One Constitution Plaza Hartford, CT 06103

________________________________ Jennifer L. Sachs

PHLEGAL: #1695085 v1 (10BXP01!.DOC)