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ELISA S. RIVES, LLC 2003
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Note:  Files for Gilley v. Monsanto prior to the court's interlocutory order are available on PACER.  
Subsequent filings are available below.  The original trial transcript is available
here.
Date
Docket
Number
Description
01/18/2008
155
NOTICE by Wendell F Gilley of denial of certiorari to the Supreme Court
(Rives, Elisa) (Entered: 01/18/2008)
01/24/2008
156
First MOTION to clarify and for scheduling conference by Wendell F Gilley.
(Rives, Elisa) (Entered: 01/24/2008)
01/25/2008
157
ORDER of USCA as to 135 Notice of Appeal, The Supreme Court has denied
certiorari; court's mandate previously issued, no further action will be taken by
this court; Thomas K. Kahn Clerk USCA. (MAA, ) (Entered: 01/25/2008)
01/29/2008
158
ORDER Plaintiff's 156 Motion for Scheduling Conference is DENIED at this
time; the court ORDERS the parties to file a status report by 2/14/2008, as
more fully set out in order. Signed by Judge C Lynwood Smith Jr on 1/29/08.
02/14/2008
159
STATUS REPORT by Monsanto Company Employee Benefits Executive
Committee, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan, Employee Benefits Plan Committee, Pharmacia
Corporation. (James, Donald) (E
02/14/2008
160
RESPONSE to re 158 Order Requesting Status Report filed by Wendell F
Gilley. (Attachments: # 1 Appendix # 2 Exhibit # 3 Exhibit # 4 # 5 Exhibit # 6
Exhibit # 7 # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit)(Rives, Elisa)
(Entered: 02/14/2008)
02/19/2008
161
ORDER the parties are ORDERED to file any dispositive motions on the
issues that remain pending by 3/21/2008; Dispositive motions shall comply
with Appendix I to this Order,as more fully set out in order. Signed by Judge
C Lynwood Smith Jr on 2/19/08. (AHI ) Modified on 2/20/2008 (LCW, ).
(Entered: 02/19/2008)
02/20/2008
 
Remark: Dispositive motions deadline March 21, 2008 in accordance with
order entered on 2/19/2008 (LCW) (Entered: 02/20/2008)
03/06/2008
162
MOTION for Joinder by Wendell F Gilley. (Attachments: # 1 Exhibit
Distribution Agreement# 2 Exhibit Compensation Allocation Agreement# 3
Exhibit Solutia Emerging From Bankruptcy)(Rives, Elisa) (Entered:
03/06/2008)
03/06/2008
163
ORDER setting motion deadline 162 Motion for Joinder; defendants are
ordered to respond on or before 3/14/08. Signed by Judge C Lynwood Smith
Jr on 3/6/08. (RBG, ) (Entered: 03/06/2008)
03/06/2008
164
MOTION to Withdraw as Attorney of Jennifer Kingston by Monsanto
Company Employee Benefits Executive Committee, Monsanto Company, Inc,
Monsanto Company Salaried Employees' Pension Plan, Employee Benefits
Plan Committee, Pharmacia Corporation. (Madden, Darci) (Entered:
03/06/2008)
03/07/2008
 
ORDER granting 164 Motion to Withdraw as Attorney. Attorney Jennifer S
Kingston terminated. Signed by Judge C Lynwood Smith Jr on 3/7/08.
(RBG, ) (Entered: 03/07/2008)
03/13/2008
165
RESPONSE to Motion re 162 MOTION for Joinder filed by Monsanto
Company Employee Benefits Executive Committee, Monsanto Company, Inc,
Monsanto Company Salaried Employees' Pension Plan, Employee Benefits
Plan Committee, Pharmacia Corporation. (James, Donald) (Entered:
03/13/2008)
03/20/2008
166
MOTION for Leave to File Excess Pages Brief in Support of Summary
Judgment by Wendell F Gilley. (Attachments: # 1 Exhibit Brief in Support of
Motion for Summary Judgment)(Rives, Elisa) (Entered: 03/20/2008)
03/20/2008
167
MOTION for Summary Judgment by Wendell F Gilley. (Attachments: # 1
Plaintiff's Exhibit List# 2 Plaintiff's Certificate Holding Original Affidavits# 3
Affidavit 1 Dennis Womack# 4 Affidavit 2 Eunice Strawn# 5 Affidavit 3
Kenneth Mitchell# 6 Affidavit 4 Larry Segers02132008# 7Affidavit 5 James
R. Rives# 8 Affidavit 6 Larry Segers 2005# 9 Affidavit 7 Richard Lusk# 10
Affidavit 8 Robert Heptinstall# 11 Affidavit Wendell F. Gilley
2005# 12 Affidavit 10 Elisa S. Rives# 13 Affidavit 11 Elisa S. Rives# 14 Def
Exh. 4 1981 Plan# 15 Def Exh. 11 Credited Service# 16 Exh. 1 1971 Plan# 17
Exh. 2 1976 SPD# 18 Exh. 3 Highlights 1981 Plan# 19 Exh. 5 1976 Plan# 20
Exh. 10 Annual Return 1979# 21 Exhibit 11 Annual Return 1980# 22 Exhibit
11-1 Schedule SSA 1980# 23 Exhibit 12 Annual Return 1981# 24 Exhibit 12-
1 Schedule SSA 1982# 25 Exhibit 13 Annual Return 1982# 26 Exhibit 13-1
Schedule SSA 1982# 27 Exh. 16 Employee Status Sheet# 28 Exh. 17
Termination File)(Rives, Elisa) Modified on 3/21/2008 (AHI). (Entered:
03/20/2008)
03/20/2008
168
Evidentiary Material re: 167 MOTION for Summary Judgment Evidentiary
Submission Vol II. (Attachments: # 1 Exh. 29 Letter Belloli# 2 Exh. 31
Fidelity Service Center# 3 Exh. 32 Admin Appeal Notice# 4 Exh. 33 Lette
Belloli 11-13-2003# 5 Exh. 34 Letter Belloli# 6 Exh. 35 Letter Belloli 1976
Plan# 7 Exh. 36 Admin Appeal File# 8 Exh. 36-1 Committee Response# 9
Exh. 47 95 Hour Rule# 10 Exh. A IRS Determination 1982 Amend# 11Exh. B
D-Day# 12 Exh. C Directives Team Leaders# 13 Exh. D Nonexempt Speech#
14 Exh. D-1 Benefit Status Sheet# 15 Exh. D-2 Add Questions Layoff# 16
Exh. E Speech Exempt# 17 Exh. F Speech Management# 18 Exh. H Minutes
Board Meeting# 19 Exh. I Memo Finalizing 1976 Plan# 20 Exh. J Depo. Ed
Johson Excerpts# 21 Exh. K Memo Automatic Termination# 22 Exh. L 1981
SPD# 23 Exh. M Highlights 1981 Plan# 24 Exh. N Checkout Sheet# 25 Exh. O
Compensation Agreement# 26 Exh. P IRS Determination Letter 1976 Plan#
27 Exh. Q Letter Belloli# 28 Exh. RR Respondents Reply# 29 Exh. S Depo
Larry Segers Excerpts# 30 Exh. T Depo. C. B. Kitchens Excerpts)(Rives,
Elisa) Modified on 3/21/2008 (AHI). (Entered: 03/20/2008)
03/20/2008
169
Evidentiary Material re: 167 MOTION for Summary Judgment Evidentiary
Submissions, Exhibits and Appendices. (Attachments: # 1 Exh. U Document
Retention List# 2Exhibit V Original List Nonexempt Participants# 3 Exhibit
W Committee Response Heptinstall# 4Exh. W-1 Employee Status Sheet
Heptinstall# 5 Exh. X Nonexempt Participants NOT Disclosed# 6 Exh. X-1
Exempt Participants Disclosed# 7 Exh. X-2 Sand Mountain Employees# 8
Exh. Y Exemplary File and Notice# 9 Exh. Z Letter Solutia# 10 Appendix
App. 1 ERISA Sections# 11 Appendix 2 ERISA Section Continued# 12
Appendix App. 3 IRC 410(b)(2)# 13 App. 4 IRC 411# 14 App. 5 Treasury
Regs 1.401-1# 15 App. 6 Treasury Regs 1.401(a)(4)-11# 16 App. 7 IRC 412#
17 App. 8 Transcript Excerpts Vol I# 18 App. 9 Transcript Excerpts Vol II)
(Rives, Elisa) Modified on 3/21/2008 (AHI). (Entered: 03/20/2008
03/20/2008
170
MOTION for Sanctions Destruction of Evidence by Wendell F Gilley.
(Attachments: # 1 Affidavit Aff. 1 James R. Rives# 2 Aff. 2 Elisa S. Rives# 3
Exh. 1 Distribution Agreement Monsanto/Solutia# 4 Exh. 2 Compensation
Agreement Monsanto/Solutia# 5 Exh. 3 Document Retention List# 6 Exh. 4
Exemplary File and Notice# 7 Exh. 5 Letter Solutia's Counsel)(Rives, Elisa)
Modified on 3/21/2008 (AHI). (Entered: 03/20/2008)
03/21/2008
171
*** STRICKEN PER ORDER ENTERED ON 3/21/2008*** MOTION for
Summary Judgment by Monsanto Company Employee Benefits Executive
Committee, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan, Employee Benefits Plan Committee, Pharmacia
Corporation. (James, Donald) Modified on 3/21/2008 (AHI). (Entered:
03/21/2008)
03/21/2008
172
Brief In Support of Defendants' Motion for Summary Judgment filed by
Monsanto Company Employee Benefits Executive Committee, Monsanto
Company, Inc, Monsanto Company Salaried Employees' Pension Plan,
Employee Benefits Plan Committee, Pharmacia Corporation. (Attachments: #
1 Appendix 0001# 2 Appendix 003# 3 Appendix 008# 4 Appendix 018# 5
Appendix 020# 6 Appendix 021# 7 Appendix 026# 8 Appendix 028# 9
Appendix 034# 10 Appendix 035# 11 Appendix 036# 12 Appendix 037# 13
Appendix 038# 14 Appendix 039# 15 Appendix 040# 16 Appendix 043# 17
Appendix 044# 18 Appendix 045# 19 Appendix 046# 20 Appendix 049# 21
Appendix 052# 22 Appendix 054)(James, Donald) (Entered: 03/21/2008)
03/21/2008
173
Amended MOTION for Summary Judgment by Monsanto Company
Employee Benefits Executive Committee, Monsanto Company, Inc, Monsanto
Company Salaried Employees' Pension Plan, Employee Benefits Plan
Committee, Pharmacia Corporation. (James, Donald) (Entered: 03/21/2008)
03/21/2008
174
ORDER striking 171 Motion for Summary Judgment. Document 171 is an
erroneously titled duplicate of Document 172. Signed by Judge C Lynwood
Smith Jr on 3/21/2008. (DJC) (Entered: 03/21/2008)
03/31/2008
175
RESPONSE to Motion re 170 MOTION for Sanctions Destruction of
Evidence filed by Monsanto Company Employee Benefits Executive
Committee, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan, Employee Benefits Plan Committee, Pharmacia
Corporation. (Attachments: # 1 Exhibit Order)(Madden, Darci) (Entered:
03/31/2008)
04/03/2008
176
Evidentiary Material re: 167 MOTION for Summary Judgment Revised
Plaintiff's List of Affidavits, Exhibits, and Appendices. (Attachments: # 1
Supplement Exh. G Excerpts Deposition Wendell F. Gilley in Support
Summary Judgment)(Rives, Elisa) (Entered: 04/03/2008
04/04/2008
177
REPLY to Response to Motion re 170 MOTION for Sanctions Destruction of
Evidence filed by Wendell F Gilley. (Attachments: # 1 Exhibit A Solutia Press
Releases# 2 Exhibit B Distribution Agreement Sec. 6)(Rives, Elisa) (Entered:
04/04/2008)
04/04/2008
178
MOTION for Extension of Time to File Response/Reply as to 173 Amended
MOTION for Summary Judgment, 167 MOTION for Summary Judgment by
Monsanto Company Employee Benefits Executive Committee, Monsanto
Company, Inc, Monsanto Company Salaried Employees' Pension Plan,
Employee Benefits Plan Committee, Pharmacia Corporation. (James, Donald)
(Entered: 04/04/2008)
04/07/2008
 
ORDER granting 178 Motion for Extension of Time to File Response/Reply
Briefs. The parties' response briefs are due by 4/18/2008. Reply briefs are due
by 4/29/2008. Signed by Judge C. Lynwood Smith, Jr. on 4/7/2008. (ANG)
(Entered: 04/07/2008)
04/18/2008
179
RESPONSE in Opposition re 173 Amended MOTION for Summary
Judgment filed by Wendell F Gilley. (Attachments: # 1 Exhibit A. Pltffs'
Hearing Exhibit 5# 2 Exhibit B. Appellants' Brief)(Rives, Elisa) (Entered:
04/18/2008)
04/18/2008
180
RESPONSE in Opposition re 167 MOTION for Summary Judgment Defendants'
Memorandum in Opposition to Plaintiff's Motion for Summary
Judgment filed by Monsanto Company Employee Benefits Executive
Committee, Monsanto Company, Inc, Monsanto Company Salaried
Employees' Pension Plan, Employee Benefits Plan Committee, Pharmacia
Corporation. (Attachments: # 1 Attachment# 2 Appendix 056# 3 Appendix
060# 4 Appendix 061# 5 Appendix 085# 6 Appendix 103# 7 Appendix 107# 8
Appendix 137# 9 Appendix 151# 10 Appendix 194# 11 Appendix 201# 12
Appendix 209# 13 Appendix 218)(Russell, Jeffrey) (Entered: 04/18/2008)
04/29/2008
181
Second MOTION for Leave to File Excess Pages for Reply To Defendants'
Response To Plaintiff's Motion For Summary Judgment by Wendell F Gilley.
(Attachments: # 1 Exhibit Plaintiff's Reply To Defendants' Response to
Plaintiff's Motion For Summary Judgment)(Rives, Elisa) (Entered:
04/29/2008)
04/29/2008
182
Wendell F. Gilley individually and on behalf of the plan. (Attachments: # 1
Affidavit Elisa S. Rives previously submitted R 68# 2 Affidavit Declaration
Donald R. James previously filed R 64# 3 Affidavit Elisa S. Rives previously
filed R 106# 4 Exhibit 1 Traditional Nonexempt Employees# 5 Exhibit 2
Draw Texturing Roster# 6 Exhibit 3 Inspection Roster# 7 Exhibit 4 Process
Department Roster# 8 Exhibit 5 Process Department Roster# 9 Exhibit 5-1
Process Department Roster# 10 Exhibit 6 Process Support Tech Roster# 11
Exhibit 7 Project Crew Layoff List# 12 Exhibit 8 Remaining Employees after
4/01/1981# 13 Exhibit 9 Question/Responses Team-leaders# 14 Exhibit 10
NonExempt Script# 15Exhibit 11 Exempt NRD Script# 16 Exhibit 12
Management Script# 17Exhibit 13 D-Day Announcement# 18Exhibit 14 DDay
Instructions# 19 Exhibit 15 Peak Capacity)(Rives, Elisa)
Modified on 4/29/2008 (AHI ). (Entered: 04/29/2008)
04/29/2008
183
RESPONSE in Support re 173 Amended MOTION for Summary Judgment
filed by Monsanto Company Employee Benefits Executive Committee,
Monsanto Company, Inc, Monsanto Company Salaried Employees' Pension
Plan, Employee Benefits Plan Committee, Pharmacia Corporation.
(Attachments: # 1Exhibit A - Pension Plan Excerpt)(Madden, Darci) Modified
on 4/29/2008 (AHI). (Entered: 04/29/2008)
 
 
ORDER granting 181 Motion for Leave to File Excess Pages. Signed by
Judge C. Lynwood Smith, Jr. on 4/30/2008. (ANG) (Entered: 04/30/2008)
04/30/2008
184
REPLY to Response to Motion re 167 MOTION for Summary Judgment filed
by Wendell F Gilley. (Rives, Elisa) (Entered: 04/30/2008)
05/02/2008
185
Third MOTION for Leave to File Excess Pages Motion to File Surreply to
Defendants' Reply in Support of Defendants Motion for Summary Judgment by
Wendell F Gilley. (Attachments: # 1 Appendix Plaintiff's Surreply to
Defendants' Reply in Support of Summary Judgment)(Rives, Elisa) (Entered:
05/02/2008)
05/08/2008
186
First MOTION to Amend/Correct 168 Evidentiary Material,,,, 169 Evidentiary
Material,,, 167 MOTION for Summary Judgment by Wendell F Gilley.
(Attachments: # 1 Exhibit Redacted 167-28 Pltffs Exh 16# 2 Exhibit Redacted 167-29
Pltffs' Exh 17# 3 Exhibit Redacted 168-25 Pltffs' Exh N# 4 Exhibit
Redacted 169-5 Pltffs' Exh W-1# 5 Appendix Redacted 169-19 Pltffs' App 9)
(Rives, Elisa) (Entered: 05/08/2008)
05/08/2008
187
Second MOTION to Amend/Correct R 106 Appendix 1 & 2 by Wendell F
Gilley. (Attachments: # 1 Appendix R 106 APP 1 Redacted# 2 Appendix R
106 APP 2 Redacted)(Rives, Elisa) (Entered: 05/08/2008)
05/09/2008
 
ORDER granting 186 Motion to Amend/Correct; granting 187 Motion to
Amend/Correct. Signed by Judge C. Lynwood Smith, Jr. on 5/9/2008. (ANG)
(Entered: 05/09/2008)
05/09/2008
ORD
ORDER denying Plaintiff's 185 Motion for Leave to File a Surreply to
Defendants' Reply in Support of Defendants' Motion for Summary Judgment.
All pending motions are now under submission. Signed by Judge C. Lynwood
Smith, Jr. on 5/9/2008. (ANG) (Entered: 05/09/2008)
05/09/2008
188
First MOTION to remove plaintiff and witnesses' personal identifying by
Wendell F Gilley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #
4 Exhibit D)(Rives, Elisa) (Entered: 05/21/2008)
05/21/2008
 
ORDER setting motion deadline for 188 Motion for Relief. The court's policy
is to place under seal any documents containing personal identifiers such as
Social Security numbers, financial account numbers, and the like. Defendants
are ordered to respond to plaintiff's motion as soon as possible, and in no
event later than May 27, 2008, indicating which exhibits contain such
information. Upon receipt of the response, the court will direct the clerk to
place the subject documents under seal. Signed by Judge C. Lynwood Smith,
Jr. on 5/21/2008. (ANG) (Entered: 05/21/2008)
05/21/2008
189
ORDER Plaintiff is hereby ORDERED to show cause, in writing, by
6/2/2008, why this action should not be dismissed for lack of jurisdiction;
Defendants are directed to substantively respond to Plaintiff's arguments by
6/9/2008; if good cause is not shown this action will be dismissed, as more
fully set out in order. Signed by Judge C Lynwood Smith, Jr on 5/21/2008.
(AHI) Modified on 5/21/2008 (AHI ). (Entered: 05/21/2008)
05/27/2008
190
REPLY to Order Dated May 21, 2008 filed by Monsanto Company Employee
Benefits Executive Committee, Monsanto Company, Inc, Monsanto Company
Salaried Employees' Pension Plan, Employee Benefits Plan Committee,
Pharmacia Corporation. (Madden, Darci) (Entered: 05/27/2008)
06/02/2008
191
REPLY to Court's Show Cause Order of May 21, 2008 filed by Wendell F
Gilley. (Rives, Elisa) (Entered: 06/02/2008)
06/02/2008
192
First MOTION for Attorney Fees and Costs Under ERISA 502(g) by Wendell
F Gilley. (Rives, Elisa) (Entered: 06/02/2008)
06/09/2008
193
RESPONSE to re 189 Order to Show Cause filed by Monsanto Company
Employee Benefits Executive Committee, Monsanto Company, Inc, Monsanto
Company Salaried Employees' Pension Plan, Employee Benefits Plan
Committee, Pharmacia Corporation. (Russell, Jeffrey) (Entered: 06/09/2008)
06/12/2008
194
MEMORANDUM OPINION this case is DISMISSED without prejudice due
to this court's lack of subject matter jurisdiction, costs are taxed as paid, as
more fully set out in order. Signed by Judge C Lynwood Smith, Jr on
6/12/2008. (AHI) (Entered: 06/12/2008)
06/23/2008
195
NOTICE of Appeal as to Order Dismissing Case by Wendell F Gilley. (Rives, Elisa)
on 6/23/2008 (SPT, ). (Entered: 06/23/2008)
06/30/2008
196
TRANSCRIPT REQUEST filed by Wendell F Gilley. (SPT, ) (Entered:
06/30/2008)
07/02/2008
197
TRANSCRIPT REQUEST by Wendell F Gilley re 195 Notice of Appeal, 196
Appeal Transcript Request Transcript due by 7/23/2008. (Rives, Elisa)
(Entered: 07/02/2008)
07/03/2008
198
USCA Case Number 08-13646E for 195 Notice of Appeal, filed by Wendell F
Gilley. (SPT, ) (Entered: 07/08/2008)
07/09/2008
199
NOTICE by Clerk of filing Certificate of Readiness of Record on Appeal.
(SPT, ) (Entered: 07/09/2008)
07/09/2008
200
NOTICE of filing Pink copy of Transcript order Information. (SPT, )
(Entered: 07/14/2008)
07/18/2008
201
MOTION for Release of Bond Obligation by Monsanto Company Employee
Benefits Executive Committee, Monsanto Company, Inc, Monsanto Company
Salaried Employees' Pension Plan, Pharmacia Corporation. (Madden, Darci)
(Entered: 07/18/2008)
08/01/2008
202
RESPONSE in Opposition re 201 MOTION for Release of Bond Obligation
filed by Wendell F Gilley. (Rives, Elisa) (Entered: 08/01/2008)
08/06/2008
203
RESPONSE in Support re 201 MOTION for Release of Bond Obligation filed
by Monsanto Company Employee Benefits Executive Committee, Monsanto
Company, Inc, Monsanto Company Salaried Employees' Pension Plan,
Employee Benefits Plan Committee, Pharmacia Corporation. (Madden, Darci)
(Entered: 08/06/2008)
08/21/2008
204
ORDER Defendant's 201 Motion for Release of Bond Obligation is
GRANTED, as more fully set out in order. Signed by Judge C Lynwood
Smith, Jr on 8/21/2008. (AHI) Modified on 8/21/2008 (AHI,). (Entered:
08/21/2008)
09/22/2008
205
Certified and Transmitted Record on Appeal to US Court of Appeals
regarding 195 Notice of Appeal. (SPT, ) (Entered: 09/22/2008)
10/06/2008
206
NOTICE by Clerk of filing Amended Certificate of Readiness of Record on
Appeal. (SPT, ) (Entered: 10/06/2008)
05/07/2009
207
ORDER of USCA as to 195 Notice of Appeal affirming the decision of the
district court. (SPT, ) (Entered: 05/07/2009)
10/13/2009
208
NOTICE the petition for writ of certiorari is DENIED. (AHI ) (Entered: 10/13/2009)
12/07/2009
 
Exhibits destroyed as to Judge Propst's portion of file (SCL, ) (Entered: 12/07/2009)
01/25/2010
209
First MOTION to Set Aside Judgment Rule 60(b)(3),(5), and (6), First MOTION to
Reopen Case by Wendell F Gilley. (Rives, Elisa) (Entered: 01/25/2010)
01/27/2010
211/210
Amended MOTION to Amend/Correct 209 First MOTION to Set Aside Judgment Rule
60(b) (3),(5), and (6)First MOTION to Reopen Case adding Rule60(b)(4) as grounds
for relief, First MOTION to Set Aside, MOTION to Reopen Case by Wendell F Gilley.
(Rives, Elisa) (Entered: 01/27/2010) and Exhibits Doc 210
02/09/2010
212
RESPONSE in Opposition re 211 Amended MOTION to Amend/Correct 209 First
MOTION to Set Aside Judgment Rule 60(b)(3),(5), and (6)First MOTION to Reopen
Case adding Rule60(b)(4) as grounds for reliefAmended MOTION to Amend/Correct
209 First MOTION to Set Aside Judgment Rule 60(b)(3),(5), and (6)First MOTION to
Reopen Case adding Rule60(b)(4) as grounds for relief MOTION to Reopen Case filed
by Monsanto Company Employee Benefits Executive Committee, Monsanto Company,
Inc, Monsanto Company Salaried Employees' Pension Plan, Employee Benefits Plan
Committee, Pharmacia Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Russell, Jeffrey) (Entered:
02/09/2010)
02/12/2010
213
MOTION for Attorney Fees and Costs Pursuant to 28 U.S.C. § 1927 by Monsanto
Company Employee Benefits Executive Committee, Monsanto Company, Inc,
Monsanto Company Salaried Employees' Pension Plan, Employee Benefits Plan
Committee, Pharmacia Corporation. (Russell, Jeffrey) (Entered: 02/12/2010)
02/15/2010
214
RESPONSE in Opposition re 213 MOTION for Attorney Fees and Costs Pursuant to 28
U.S.C. § 1927 Plaintiff's MOTION to Strike and MOTION for Attorney's fees and Rule 11
Sanctions filed by Wendell F Gilley. (Rives, Elisa) (Entered: 02/15/2010)
04/15/2010
215
ORDER denying Plaintiff's motion and amended motion for relief from the final
judgment;upon consideration, the cross motions for attorneys fees and costs and
Plaintiff's motion to strike Defendant's motion for attorney's fees and costs also are
denied; Plaintiff is warned that future attempts to rehash arguments which have
already been resolved, such as those presented by Plaintiff in her current motions,
will be met with sanctions. Signed by Judge C Lynwood Smith, Jr on 04/15/10. (SPT )
(Entered: 04/15/2010)
05/14/2010
216
NOTICE OF APPEAL as to 215 Order on Motion to Set Aside Judgment, Order on
Motion to Reopen Case, Order on Motion to Amend/Correct, Order on Motion for
Attorney Fees by Wendell F Gilley. (Rives, Elisa) Modified on 5/14/2010 (AHI).
(Entered: 05/14/2010)
05/17/2010
217
First MOTION for Leave to Appeal in forma pauperis by Wendell F. Gilley. (Rives, Elisa)
05/18/2010
218
RESPONSE in Opposition re 217 First MOTION for Leave to Appeal in forma pauperis
filed by Employee Benefits Plan Committee, Monsanto Company Employee Benefits
Executive Committee, Monsanto Company Salaried Employees' Pension Plan,
Monsanto Company, Inc, Pharmacia Corporation. (Attachments:
# 1 Exhibit A, # 2
Exhibit B,
# 3 Exhibit C)(Russell, Jeffrey) (Entered: 05/18/2010)
05/20/2010
219
ORDER that Plaintiff's 217 Motion for Leave to Appeal in forma pauperis is DENIED, as
more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 5/20/2010. (AHI)
(Entered: 05/20/2010)NOTICE OF APPEAL as to 215 Order on Motion to Set Aside
Judgment, Order on Motion to Reopen Case, Order on Motion to Amend/Correct,
Order on Motion for Attorney Fees by Wendell F Gilley. (Rives, Elisa) Modified on
5/14/2010 (AHI). (Entered: 05/14/2010)
(Click on Docket Number to Access)
After exhausting all appeals a Petition for Relief From The Final Judgment
pursuant to FRAP Rule 21(c) was filed July 6, 2010. The Petition for Relief
was considered as a motion to reconsider and denied.