UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

WILLARD L. SLOAN, EUGENE J. 

WINNINGHAM, and JAMES L. KELLEY,

 Plaintiffs, 

 v. 

BORGWARNER INC., BORGWARNER 

DIVERSIFIED TRANSMISSION 

PRODUCTS INC., and BORGWARNER 

FLEXIBLE BENEFITS PLANS, 

 Defendants. 

Case 2:09-cv-10918-PDB-MKM 

U.S. District Judge Paul D. Borman 

U.S. Mag. Judge Mona K. Majzoub 

 

STIPULATED ORDER STAYING CASE PENDING 

SUPREME COURT DISPOSITION OF TACKETT 

The parties hereby stipulate that: 

1. On February 27, 2014, the Court denied both Plaintiffs’ and BorgWarner’s 

motions for summary judgment on the issue of whether Plaintiffs’ health benefits are vested and 

set the vesting issue for trial. (R. 127, Op. & Order 53.) 

2. The Court’s current scheduling order requires submission of the final pretrial 

order by 3:00 p.m., on August 11, 2014. (R. 129, Am. Sched. Order 1.) The Court has informed 

the parties that a trial would not be scheduled before February 2015. 

3. On May 5, 2014, the Supreme Court of the United States issued a writ of 

certiorari to the U.S. Court of Appeals for the Sixth Circuit in M&G Polymers USA, LLC v. 

Tackett. The Court’s decision in that case may alter the law of vesting for collectively bargained 

retiree health benefits. See 134 S.Ct. 2136, 2136 (2014). 

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4. As the Court recognized recently, the Supreme Court’s decision in Tackett “will 

likely require this Court to revisit its summary judgment ruling and may require a different 

analysis that could affect the ultimate resolution of this case.” (R. 133, Order 4.)A stay of this 

action pending the ruling in Tackett will conserve the resources of the parties and the Court, 

allowing them to avoid the time and expense associated in preparing for and trying a case in 

which the controlling law may be changed. 

5. Accordingly, the parties hereby stipulate and agree that the case should be stayed 

pending resolution by the U.S. Supreme Court of Tackett, and request the Court to convene a 

status conference thirty days following the resolution of Tackett, at which time the parties can 

discuss with the Court how best to proceed. 

IT IS SO ORDERED. s/Paul D. Borman 

 PAUL D. BORMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: June 20, 2014 

Stipulated to by: 

By: /s/ David R. Radtke 

David R. Radtke (P47016) 

Roger J. McClow (P27170) 

Patrick J. Rorai (P65091) 

McKNIGHT, McCLOW, CANZANO, 

SMITH & RADTKE, P.C. 

400 Galleria Officentre, Suite 117 

Southfield, Michigan 48034 

248.354.9650 

248.354.9656 fax 

(dradtke@kmsmc.com) 

(rmcclow@kmsmc.com) 

(prorai@kmsmc.com) 

Attorneys for Willard L. Sloan, Eugene J. Winningham, and James L. Kelley

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By: /s/ Joshua D. Rogaczewski (with consent)

Bobby R. Burchfield 

Joshua David Rogaczewski 

McDERMOTT WILL & EMERY LLP 

The McDermott Building 

500 North Capitol Street, NW 

Washington, D.C. 20001 

202.756.8000 

202.756.8087 fax 

(bburchfield@mwe.com) 

(jrogaczewski@mwe.com) 

Elisa Angeli Palizzi (P52088) 

MILLER, CANFIELD, PADDOCK 

and STONE, P.L.C. 

150 West Jefferson, Suite 2500 

Detroit, Michigan 48226 

313.496.7635 

313.963.6420 fax 

(angeli@millercanfield.com) 

Attorneys for BorgWarner Inc., BorgWarner 

Diversified Transmission Products Inc., and 

BorgWarner Flexible Benefits Plans

CERTIFICATE OF SERVICE 

 The undersigned certifies that a copy of the foregoing order was served upon each 

attorney or party of record herein by electronic means or first class U.S. mail on June 20, 2014. 

 s/Deborah Tofil 

 Deborah Tofil 

 Case Manager (313) 234-5122 

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