NUNEZ et al v. B. BRAUN MEDICAL INC. et al
Plaintiff: TANIA NUNEZ, DAVID E STERN, JOHNNY CHU and ASHOK D PANDYA
Defendant: B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC and JOHN DOES 1-30
Case Number: 5:2020cv04195
Filed: August 26, 2020
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: EDWARD G SMITH
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2023 Opinion or Order Filing 114 SECOND AMENDED SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 7/5/2023 10:00 AM IN Easton 4th Floor BEFORE HONORABLE EDWARD G. SMITH. PLAINTIFF PRETRIAL MEMO DUE BY 6/21/2023. DEFENDANT PRETRIAL MEMO DUE BY 6/21/2023. NON-JURY TRIAL SET FOR 7/12/23 AT 9:00 A.M. IN EASTON 4TH FLOOR BEFORE HONARABLE EDWARD G. SMITH. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/26/23. 4/26/23 ENTERED AND COPIES E-MAILED.(er)
April 26, 2023 Opinion or Order Filing 113 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 4/26/23. Court Reporter: None. (er)
April 26, 2023 Opinion or Order Set/Reset Hearings: Non Jury Trial set for 7/12/2023 09:00 AM in Easton 4th Floor before HONORABLE EDWARD G. SMITH. (er)
April 21, 2023 Opinion or Order Filing 112 ORDER THAT 1. THE MOTION FOR SUMMARY JUDGMENT (DOC. NO. 77) IS DENIED; 2. THE COURT WILL HOLD A TELEPHONE CONFERENCE ON WEDNESDAY, APRIL 26, 2023, AT 10:30 A.M. TO SET TRIAL DATES. COUNSEL SHALL CALL 1-866-434-5269 AND USE ACCESS CODE 3623011# TO ENTER THE CONFERENCE CALL; AND 3. THE CLERK OF COURT IS DIRECTED TO TERMINATE AS DEFENDANTS B. BRAUN MEDICAL, INC., BOARD OF DIRECTORS AT B. BRAUN MEDICAL INC., AND JOHN DOES 130. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/21/23.4/21/23 ENTERED AND COPIES E-MAILED.(er)
April 21, 2023 Opinion or Order Set/Reset Hearings: TELEPHONE CONFERENCE SET FOR 4/26/2023 10:30 AM IN Telephone Conference BEFORE HONORABLE EDWARD G. SMITH. (er)
April 10, 2023 Opinion or Order Filing 111 Response To Plaintiffs Notice of Supplemental Authority in Support of Plaintiffs Opposition to Defendant's Motion for Summary Judgment re #109 Notice (Other), by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
April 6, 2023 Opinion or Order Filing 110 ORDER THAT THE WITHDRAWAL OF APPEARANCE OF NATHANIEL W. INGRAHAM IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/6/23. 4/6/23 ENTERED AND COPIES E-MAILED.(er)
April 3, 2023 Opinion or Order Filing 109 NOTICE by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN re #91 Response in Opposition to Motion Plaintiffs' Notice of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment (Attachments: #1 Exhibit A - McCool v. AHS)(GYANDOH, MARK)
March 22, 2023 Opinion or Order Filing 108 NOTICE of Withdrawal of Appearance for NATHANIEL W. INGRAHAM by WILLIAM J. DELANY on behalf of All Defendants (Attachments: #1 Text of Proposed Order)(DELANY, WILLIAM) Modified on 3/23/2023 (tjd).
February 8, 2023 Opinion or Order Filing 107 ORDER THAT THE APPLICATION OF LARRY M. BLOCHO, JR., ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) (DOC. NO. 106), IT IS HEREBY ORDERED THAT THE APPLICATION (DOC. NO. 106) IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/8/23.2/8/23 ENTERED AND COPIES E-MAILED.(er)
February 3, 2023 Opinion or Order Filing 106 MOTION for Pro Hac Vice for Larry M. Blocho Jr. ( Filing fee $ 40 receipt number APAEDC-16478472.) filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC..(DELANY, WILLIAM)
January 20, 2023 Opinion or Order Filing 105 NOTICE by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC re #102 Notice (Other), Defendants' Response to Plaintiffs Notice of Supplemental Authority (DELANY, WILLIAM)
January 17, 2023 Opinion or Order Filing 104 NOTICE of Appearance by Thomas Sinclair on behalf of JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN (Sinclair, Thomas)
January 10, 2023 Opinion or Order Filing 103 ORDER THAT THE CLERK OF COURT SHALL REMOVE THIS CASE FROM CIVIL SUSPENSE AND RETURN IT TO THE UNDERSIGNED'S ACTIVE DOCKET. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/10/23. 1/10/23 ENTERED AND COPIES E-MAILED.(er)
January 10, 2023 Opinion or Order Filing 102 NOTICE by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN re #91 Response in Opposition to Motion Plaintiffs' Notice of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment (Attachments: #1 Exhibit A - In re Omnicom (SDNY Dec 23, 2022))(GYANDOH, MARK)
December 7, 2022 Opinion or Order Filing 101 Notice of Filing of Official Transcript with Certificate of Service re #100 Transcript - PDF, 12/7/22 Entered & E-mailed. (fdc)
December 7, 2022 Opinion or Order Filing 100 TRANSCRIPT of Oral Argument held on 11/22/22, before Judge Smith. Court Reporter/Transcriber: County Court Reporters, Inc.. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/28/2022. Redacted Transcript Deadline set for 1/7/2023. Release of Transcript Restriction set for 3/7/2023. (fdc)
November 22, 2022 Opinion or Order Filing 99 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: ORAL ARGUMENT-HELD IN EASTON on 11/22/22. Re: Defendants' motion for summary judgment (Doc. 77)The Court questions counsel. Atty. Delany argues on behalf of the defendants. Attu/ Gyandoh responds on behalf of the plaintiffs. The Court takes the matter under advisement. Court Reporter: ESR. (er)
November 18, 2022 Opinion or Order Filing 98 Response in Opposition re #97 Notice (Other), Plaintiffs' Response to Defendants' Notice of Supplemental Authorities in Support of Their Motion for Summary Judgment by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN. (GYANDOH, MARK)
November 17, 2022 Opinion or Order Filing 97 NOTICE by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC re #77 MOTION for Summary Judgment Notice of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(DELANY, WILLIAM)
November 14, 2022 Opinion or Order Filing 96 Statement Defendant's Response To Plaintiffs Statement of Additional Undisputed Facts by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
November 14, 2022 Opinion or Order Filing 95 REPLY to Response to Motion re #77 MOTION for Summary Judgment filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (Attachments: #1 Delany Supplemental Declaration, #2 Exhibit 67, #3 Exhibit 68)(DELANY, WILLIAM)
November 1, 2022 Opinion or Order Filing 94 EXHIBITS 1-10 Filed Under Seal re #93 Declaration filed by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN. **(FILED UNDER SEAL)**. (tjd) (Additional attachment(s) added on 11/1/2022: #1 sealed document, #2 sealed document, #3 sealed document, #4 sealed document, #5 sealed document, #6 sealed document, #7 sealed document, #8 sealed document, #9 sealed document) (tjd).
November 1, 2022 Opinion or Order Filing 93 Declaration re #91 Response in Opposition to Motion by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN. (Attachments: #1 Exhibit Filed Under Seal, #2 Exhibit Filed Under Seal, #3 Exhibit Filed Under Seal, #4 Exhibit Filed Under Seal, #5 Exhibit Filed Under Seal, #6 Exhibit Filed Under Seal, #7 Exhibit Filed Under Seal, #8 Exhibit Filed Under Seal, #9 Exhibit Filed Under Seal, #10 Errata Filed Under Seal)(GYANDOH, MARK)
November 1, 2022 Opinion or Order Filing 92 Statement Plaintiffs' Response to Defendants' Motion for Summary Judgment Statement of Facts by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN. (GYANDOH, MARK)
November 1, 2022 Opinion or Order Filing 91 RESPONSE in Opposition re #77 MOTION for Summary Judgment Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN. (GYANDOH, MARK)
October 31, 2022 Opinion or Order Filing 90 ORDER THAT PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE ATTACHMENTS AND EXHIBITS IN EXCESS OF 50 PAGES, IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/31/22.10/31/22 ENTERED AND COPIES E-MAILED.(er)
October 31, 2022 Opinion or Order Filing 89 MOTION for Leave to File Excess Pages Plaintiffs' Unopposed Motion for Leave to File Exhibits in Excess of 50 Pages in Support of Their Response to Defendant's Motion for Summary Judgment filed by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN.Certificate of Service. (Attachments: #1 Text of Proposed Order Proposed Order)(GYANDOH, MARK)
October 5, 2022 Opinion or Order Filing 88 NOTICE of Withdrawal of Appearance by GABRIELLE P. KELERCHIAN on behalf of JOHNNY CHU, TANIA NUNEZ, DAVID E STERN (Attachments: #1 Text of Proposed Order)(KELERCHIAN, GABRIELLE)
September 30, 2022 Opinion or Order Filing 87 ORDER THAT THE PLAINTIFFS SHALL FILE ANY OPPOSITION TO THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BY OCTOBER 31, 2022. 2. THE DEFENDANTS SHALL FILE ANY REPLY TO THE PLAINTIFFS' OPPOSITION BY NOVEMBER 14, 2022. 3. ORAL ARGUMENT ON THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT SHALL COMMENCE BEFORE THIS COURT ON TUESDAY, NOVEMBER 22, 2022, AT 11:00 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA. 4. THE EXISTING SCHEDULING ORDER (DOC. NO. 64) IS VACATED PENDING RESOLUTION OF THE SUMMARY JUDGMENT MOTION. A NEW SCHEDULING ORDER WILL BE ENTERED SHOULD THIS MATTER MOVE BEYOND SUMMARY JUDGMENT. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/30/22. 9/30/22 ENTERED AND COPIES E-MAILED.(er)
September 30, 2022 Opinion or Order Set/Reset Deadlines as to #77 MOTION for Summary Judgment . RESPONSES DUE BY 10/31/2022. REPLIES DUE BY 11/14/2022. MOTION HEARING SET FOR 11/22/2022 11:00 AM IN Easton BEFORE HONORABLE EDWARD G. SMITH. (er)
September 28, 2022 Opinion or Order Filing 86 ORDER THAT THE COURT WILL HOLD A TELEPHONE STATUS WITH COUNSEL ON FRIDAY, SEPTEMBER 30, 2022, AT 9:30 A.M., ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/28/22. 9/28/22 ENTERED AND COPIES E-MAILED.(er)
September 28, 2022 Opinion or Order Filing 85 ORDER THAT 1. THE DEFENDANT'S MOTION TO SEAL CONFIDENTIAL EXHIBITS AS WELL AS PUBLICLY FILE REDACTED VERSIONS OF EXHIBITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT IS GRANTED. 2. THE CLERK OF COURT IS DIRECTED TO FILE EXHIBITS 43, 44, 46, 47, 48, 49, 50, 51, AND 52 IN SUPPORT OF THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. NOS. 80-43, 80-44, 80-46, 80-47, 80-48, 80-49, 80-50, 80-51, AND 80-52) UNDER SEAL. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/28/22.9/28/22 ENTERED AND COPIES E-MAILED.(er)
September 28, 2022 Opinion or Order Filing 84 ORDER THAT THE MOTION FOR LEAVE TO FILE EXHIBITS IN EXCESS OF FIFTY PAGES IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT FILED BY THE DEFENDANT, (DOC. NO. 76); IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/28/22.9/28/22 ENTERED AND COPIES E-MAILED.(er)
September 27, 2022 Opinion or Order Filing 83 MOTION to Seal EXHIBITS AND PUBLICLY FILE REDACTED VERSIONS OF EXHIBITS filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 66, #3 Exhibit 67, #4 Exhibit 68)(DELANY, WILLIAM)
September 26, 2022 Opinion or Order Filing 82 Memorandum re #77 MOTION for Summary Judgment Updates Dkt. 79 filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
September 26, 2022 Opinion or Order Filing 81 AFFIDAVIT in Support re #77 MOTION for Summary Judgment - WILIAM J. DELANY - filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (Attachments: #1 Exhibit 61, #2 Exhibit 62, #3 Exhibit 63, #4 Exhibit 64, #5 Exhibit 65, #6 Exhibit 66, #7 Exhibit 67, #8 Exhibit 68, #9 Exhibit 69, #10 Exhibit 70, #11 Exhibit 71)(DELANY, WILLIAM) (*Exhibits 66, 67 and 68 restricted per Chambers.*) Modified on 9/28/2022 (ap).
September 26, 2022 Opinion or Order Filing 80 AFFIDAVIT in Support re #77 MOTION for Summary Judgment - JULIET VESTAL - filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60)(DELANY, WILLIAM) (*Exhibits 43, 44, 46-52 SEALED Per Chambers - Order to be filed*) Modified on 9/27/2022 (ap).
September 26, 2022 Opinion or Order Filing 79 Memorandum re #77 MOTION for Summary Judgment filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
September 26, 2022 Opinion or Order Filing 78 Statement of Material Facts about which there is no Genuine Issue to be Tried In Support of Defendants' Motion for Summary Judgment by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
September 26, 2022 Opinion or Order Filing 77 MOTION for Summary Judgment filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.. (Attachments: #1 Text of Proposed Order)(DELANY, WILLIAM)
September 23, 2022 Opinion or Order Filing 76 MOTION for Leave to File Excess Pages of Exhibits in Support of Summary Judgment Motion filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.. (Attachments: #1 Text of Proposed Order)(DELANY, WILLIAM)
September 12, 2022 Opinion or Order Filing 75 Notice of Filing of Official Transcript with Certificate of Service re #74 Transcript - PDF, #73 Transcript - PDF,, 9/12/22 Entered & E-mailed. (fdc)
September 12, 2022 Opinion or Order Filing 74 TRANSCRIPT of Oral Argument held on 2/16/22, before Judge Smith. Court Reporter/Transcriber: County Court Reporters, Inc.. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/13/2022. Release of Transcript Restriction set for 12/12/2022. (fdc)
September 12, 2022 Opinion or Order Filing 73 TRANSCRIPT of Oral Argument by Teleconference held on 1/11/21, before Judge Smith. Court Reporter/Transcriber: County Court Reporters, Inc.. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/13/2022. Release of Transcript Restriction set for 12/12/2022. (fdc)
August 10, 2022 Opinion or Order Filing 72 ORDER OF 8/10/22 THAT THE COURT'S JUNE 30, 2022 CLASS CERTIFICATION ORDER (DOC. 69) IS VACATED. THE MOTION TO CERTIFY THE CLASS (DOC. 56) IS GRANTED. ETC. THE COURT CERTIFIES A CLASS OF PLAINTIFFS UNDER THE FOLLOWING DEFINITION "ALL PERSONS, EXCEPT (THE) (D)EFENDANTS AND THEIR IMMEDIATE FAMILY MEMBERS, WHO WERE PARTICIPANTS IN OR BENEFICIARIES OF THE (b. BRAUN MEDICAL INC. SAVINGS) PLAN, AT ANY TMIE BETWEEN AUGUST 26, 2014 THROUGH THE DATE OF JUDGMENT (THE "CLASS PERIOD"), THE COURT APPROVES THE PLAINTIFFS AS REPRESENTATIVES OF THE CERTIFIED CLASS; AND; THE COURT APPROVES CAPOZI ADLER, P.C. AS CLASS COUNSEL. SIGNED BY HONORABLE EDWARD G. SMITH ON 8/10/22. 8/10/22 ENTERED AND COPIES E-MAILED.(dt)
July 26, 2022 Opinion or Order Filing 71 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 7/26/22. Court Reporter: None. (er)
July 21, 2022 Opinion or Order Filing 70 ORDER THAT THE COURT WILL HOLD A TELEPHONE STATUS WITH COUNSEL ON TUESDAY, JULY 26, 2022, AT 10:00 A.M., ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/21/22. 7/21/22 ENTERED AND COPIES E-MAILED.(er)
June 30, 2022 Opinion or Order Filing 69 (VACATED PER ORDER OF 8/10/22 (DOC. 72) ORDER THAT THE #56 MOTION TO CERTIFY CLASS IS GRANTED; ETC. AS HEREIN. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/30/22.6/30/22 ENTERED AND COPIES E-MAILED.(mas) Modified on 8/10/2022 (dt).
June 22, 2022 Opinion or Order Filing 68 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 6/22/22. Court Reporter: None. (er)
June 14, 2022 Opinion or Order Filing 67 ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE ON WEDNESDAY, JUNE 22, 2022, AT 10:00 A.M., ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/14/22. 6/14/22 ENTERED AND COPIES E-MAILED.(er)
April 8, 2022 Opinion or Order Filing 66 ORDER THE PARTIES SHALL COMPLETE ALL FACT DISCOVERY BY AUGUST 25, 2022, ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/8/22. 4/8/22 ENTERED AND COPIES E-MAILED.(er)
April 7, 2022 Opinion or Order Filing 65 STIPULATION re #53 Scheduling Order,,,, #64 Scheduling Order,,,, RE: EXTENSION OF TIME FOR CERTAIN DEADLINES CONTAINED IN THE COURTs INITIAL SCHEDULING ORDER by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
February 17, 2022 Opinion or Order Filing 64 AMENDED SCHEDULING ORDER THAT AT THE SUGGESTION OF COUNSEL FOR BOTH PARTIES, THE COURT WILL WITHHOLD RESOLUTION OF THE MOTION TO CERTIFY CLASS (DOC. NO. 56) UNTIL THE THIRD CIRCUIT HAS ISSUED ITS DECISION IN BOLEY V. UNIVERSAL HEALTH SERVS., INC., NO. 21-2014 (3D CIR.), ETC. THE PARTIES SHALL FILE ANY DISPOSITIVE MOTIONS BY SEPTEMBER 26, 2022, ETC. THE PARTIES SHALL EACH FILE A PRETRIAL MEMORANDUM BY NOVEMBER 10, 2022. THE PARTIES SHALL FILE ANY MOTIONS IN LIMINE BY NOVEMBER 10, 2022. THE COURT WILL HOLD A FINAL PRETRIAL CONFERENCE ON TUESDAY, NOVEMBER 22, 2022, AT 10:00 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA; AND A NON-JURY TRIAL SHALL COMMENCE BEFORE THIS COURT ON MONDAY, NOVEMBER 28, 2022, AT 9:00 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA. THIS ORDER SHALL SERVE AS A FORMAL ATTACHMENT FOR TRIAL. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/17/22. 2/17/22 ENTERED AND COPIES E-MAILED. (VACATED PER DOC. 87)(er) Modified on 9/30/2022 (er).
February 17, 2022 Opinion or Order Set/Reset Hearings: Non Jury Trial set for 11/28/2022 09:00 AM in Easton before HONORABLE EDWARD G. SMITH. (er)
February 16, 2022 Opinion or Order Filing 63 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Oral Argument held on 2/16/22. Re: Plaintiffs' motion to certify class (Doc. 56) The Court questions counsel. Counsel Gyandoh argues on behalf of the plaintiffs. Counsel Delany responds on behalf of the defendants. The Court takes the matter under advisement. Court Reporter: esr. (er)
February 8, 2022 Opinion or Order Filing 62 Reply in Support of re #56 MOTION to Certify Class by JOHNNY CHU, TANIA NUNEZ, DAVID E STERN. (Attachments: #1 Declaration of Mark Gyandoh and exhibits) (GYANDOH, MARK) Modified on 2/9/2022 (tjd).
February 8, 2022 Opinion or Order Filing 61 ORDER THAT MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION (DOC. NO. 60), IS GRANTED. THE PLAINTIFFS SHALL PROMPTLY FILE THEIR REPLY IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/8/22.2/8/22 ENTERED AND COPIES E-MAILED.(er) (Main Document 61 replaced on 2/8/2022) (er).
February 7, 2022 Opinion or Order Filing 60 MOTION for Leave to File filed by JOHNNY CHU, TANIA NUNEZ, DAVID E STERN.Certificate of Service. (Attachments: #1 Exhibit 1 - Reply in Support of Motion for Class Certification, #2 Text of Proposed Order For Leave to File)(GYANDOH, MARK)
January 26, 2022 Opinion or Order Filing 59 Memorandum in Opposition re #56 MOTION to Certify Class filed by THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC. (Attachments: #1 Delany Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(DELANY, WILLIAM) Modified on 1/29/2022 (tjd).
January 10, 2022 Opinion or Order Filing 58 ORDER THAT THE MOTION (DOC. NO. #57 ) IS GRANTED. THE PLAINTIFF, ASHOK D. PANDYA, IS DROPPED AS A PLAINTIFF IN THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 21. THE CLERK OF COURT SHALL REMOVE ASHOK D. PANDYA AS A NAMED PLAINTIFF IN THIS ACTION, AND HIS NAME WILL BE REMOVED FROM THE CAPTION IN THIS MATTER. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/7/22.1/10/22 ENTERED AND COPIES E-MAILED.(mas)
December 27, 2021 Opinion or Order Filing 57 MOTION to Drop Ashok D. Pandya as a Named Plaintiff Under F.R.C.P. 21 filed by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN.Memorandum, Certificate of Service.(GYANDOH, MARK)
November 26, 2021 Opinion or Order Filing 56 MOTION to Certify Class filed by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN.Memorandum, Declaration, Certificate of Service. (Attachments: #1 Memorandum Memorandum in Support of Motion for Class Certification, #2 Declaration Declaration of Mark Gyandoh, #3 Exhibit 1 - 104(b) requests, #4 Exhibit 2 - Ltrs to IRS and Labor, #5 Exhibit 3 - List of Class Cert Decisions, #6 Exhibit 4 - Declaration of Tania Nunez, #7 Exhibit 5 - Declaration of Johnny Chu, #8 Exhibit 6 - Declaration of Ashok D. Pandya, #9 Exhibit 7 - Declaration of David Stern)(GYANDOH, MARK)
September 10, 2021 Opinion or Order Filing 55 ORDER THAT THE JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER (DOC. NO. 54) IS GRANTED. THE STIPULATED PROTECTIVE ORDER DOCKETED AT DOC. NO. 54-1 IS APPROVED AND ADOPTED AS AN ORDER OF COURT. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/10/21.9/10/21 ENTERED AND COPIES E-MAILED.(er, )
September 9, 2021 Opinion or Order Filing 54 Joint MOTION for Protective Order filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.. (Attachments: #1 Exhibit Proposed Order)(DELANY, WILLIAM)
July 27, 2021 Opinion or Order Set/Reset Deadlines as to MOTION HEARING SET FOR 2/16/2022 01:00 PM IN Easton BEFORE HONORABLE EDWARD G. SMITH. (er, )
July 27, 2021 Opinion or Order Filing 53 SCHEDULING ORDER THAT THE PARTIES SHALL COMPLETE ALL FACT DISCOVERY BY JULY 26, 2022, ETC. THE COURT WILL HOLD ORAL ARGUMENT ON THE MOTION FOR CLASS CERTIFICATION ON WEDNESDAY, FEBRUARY 16, 2022, AT 1:00 P.M. HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PA 18042. THE PARTIES SHALL FILE ANY DISPOSITIVE MOTIONS BY AUGUST 26, 2022. THE PARTIES SHALL FILE OPPOSITION TO ANY DISPOSITIVE MOTIONS BY SEPTEMBER 9, 2022. THE PARTIES SHALL EACH FILE A PRETRIAL MEMORANDUM BY OCTOBER 10, 2022. THE PARTIES SHALL FILE ANY MOTIONS IN LIMINE BY OCTOBER 10, 2022, ETC. THE COURT WILL HOLD A FINAL PRETRIAL CONFERENCE ON OCTOBER 26, 2022, AT 10:00 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA. A NON-JURY TRIAL SHALL COMMENCE BEFORE THIS COURT ON MONDAY, OCTOBER 31, 2022, AT 9:00 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA. THIS ORDER SHALL SERVE AS A FORMAL ATTACHMENT FOR TRIAL. THE CLERK OF COURT SHALL PLACE THIS MATTER IN CIVIL SUSPENSE UNTIL FURTHER ORDER OF COURT. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/27/21. 7/27/21 ENTERED AND COPIES E-MAILED.(er, )
July 26, 2021 Opinion or Order Filing 52 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Pretrial Conference held on 7/26/21 Court Reporter: None. (er, )
June 28, 2021 Opinion or Order Filing 51 NOTICE of Hearing:Please be advised that an initial pretrial conference has been scheduled before Judge Edward G. Smith in the above-captioned case. The conference will be held at the Holmes Building, 101 Larry Holmes Drive, 4th Floor, Easton, Pennsylvania 18042 on MONDAY, JULY 26, 2021, at 1:30 p.m. (sres, )
June 18, 2021 Opinion or Order Filing 50 ANSWER to Complaint and Affirmative Defenses by THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30.(DELANY, WILLIAM) Modified on 6/22/2021 (tjd).
June 4, 2021 Opinion or Order Filing 49 ORDER OF OF 6/4/21 THAT THE MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF THE COMPLAINT (DOC. NOS. 21,22,23,24) IS GRANTED IN PART AND DENIED IN PART. a. THE MOTION TO DISMISS COUNT I IS DENIED INSOFAR AS THE PLAINTIFFS ALLEGE THAT THE DEFENDANTS BREACHED THEIR DUTY OF PRUDENCE. THE MOTION TO DISMISS COUNT I IS GRANTED INSOFAR AS THE PLAITNIFFS ALLEGE THAT THE DEFENDANTS BREACHED THEIR DUTY OF LOYALTY; b. THE MOTION TO DISMISS COUNT II (DUTY TO MONITOR) IS GRANTED; c. THE PLAINTIFFS' REQUEST FOR INJUNCTIVE RELIEF IS DENIED. d. THE MOTION TO STRIKE PORTIONS OF THE COMPLAINT CONTAINING LEGAL CONCLUSIONS IS DENIED; AND THE DEFENDANT SHALL ANSWER THE COMPLAINT ON OR BEFORE JUNE 18, 2021. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/4/21. 6/4/21 ENTERED AND COPIES E-MAILED.
June 4, 2021 Opinion or Order Filing 48 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. A Telephone Conference was held on 6/4/21 Not on the record. (DT)
June 3, 2021 Opinion or Order Filing 47 ORDER OF 6/3/21 THAT THE COURT WILL HOLD A TELEPHONE CONFERNECE ON JUNE 4, 2021 AT 10:00AM. ETC. SIGNED BY JUDGE: EDWARD G. SMITH ON 6/3/21. 6/3/21 ENTERED AND COPIES E-MAILED. (DT)
May 24, 2021 Opinion or Order Filing 46 Fifth NOTICE of Supplemental Authority by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A)(DELANY, WILLIAM) Modified on 5/26/2021 (tjd).
May 7, 2021 Opinion or Order Filing 45 NOTICE of Supplemental Authority by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN (Attachments: #1 Exhibit A - Quest Opinion - Motion to Dismiss Denied)(GYANDOH, MARK) Modified on 5/10/2021 (tjd).
May 4, 2021 Opinion or Order Filing 44 RESPONSE TO DEFENDANTS FOURTH NOTICE OF SUPPLEMENTAL AUTHORITY AND PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITIES by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN (Attachments: #1 Exhibit A - McGowan v Barnabas, #2 Exhibit B - Khan v PTC, #3 Exhibit C - Blackmon v Zachry, #4 Exhibit D - Peterson v ISO)(GYANDOH, MARK) Modified on 5/5/2021 (tjd).
April 28, 2021 Opinion or Order Filing 43 Fourth NOTICE of Supplemental Authority by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC (Attachments: #1 Exhibit A)(DELANY, WILLIAM) Modified on 4/29/2021 (tjd).
April 9, 2021 Opinion or Order Filing 42 NOTICE by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit Ex A - Jones et al v. Coca-Cola - Motion to Dismiss Denied, #2 Exhibit Ex B - Davis et al v Magna - Motion to Dismiss Denied)(GYANDOH, MARK)
March 10, 2021 Opinion or Order Filing 41 Third NOTICE of Supplemental Authority by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit A)(DELANY, WILLIAM) Modified on 3/11/2021 (tjd).
March 5, 2021 Opinion or Order Filing 40 Plaintiffs' Notice of Supplemental Authority by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN re #27 Response in Opposition to Motion. (GYANDOH, MARK) Modified on 3/9/2021 (tjd).
March 2, 2021 Opinion or Order Filing 39 NOTICE by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN re #38 Notice (Other), Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit Ex A - Savage v. Sutherland Global)(GYANDOH, MARK)
February 2, 2021 Opinion or Order Filing 38 Second NOTICE of Supplemental Authority by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC (Attachments: #1 Exhibit A)(DELANY, WILLIAM) Modified on 2/3/2021 (tjd).
January 11, 2021 Opinion or Order Filing 37 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Motion Hearing held on 1/11/21. Re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (mas, )
January 8, 2021 Opinion or Order Filing 36 NOTICE of Appearance by GABRIELLE P. KELERCHIAN on behalf of JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN (KELERCHIAN, GABRIELLE)
January 7, 2021 Opinion or Order Filing 35 Response to Plaintiffs' Notice of Supplemental Authority Regarding Defendants' Motion to Dismiss re #34 Notice (Other) by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
January 4, 2021 Opinion or Order Filing 34 NOTICE by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit Ex A - Letter Order in Silva v. Evonik)(GYANDOH, MARK)
December 17, 2020 Opinion or Order Filing 33 ORDER THAT THE ORAL ARGUMENT CURRENTLY SCHEDULED FOR JANUARY 21, 2021, AT 10:00 A.M. IS RESCHEDULED TO MONDAY, JANUARY 11, 2021, AT 10:00 A.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/17/20. 12/17/20 ENTERED AND COPIES E-MAILED.(er, )
December 15, 2020 Opinion or Order Filing 32 ORDER THAT THE COURT WILL HOLD ORAL ARGUMENT ON THE RECORD VIA TELEPHONE ON THURSDAY, JANUARY 21, 2021, AT 10:00 A.M. COUNSEL FOR THE PARTIES SHALL CALL 1-571-353-2300 AND USE PIN 363973916# TO ENTER THE CONFERENCE CALL. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/15/20. 12/15/20 ENTERED AND COPIES E-MAILED.(mas, )
December 9, 2020 Opinion or Order Filing 31 Response in Opposition re #30 Notice (Other), Notice of Supplemental Authority by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN. (GYANDOH, MARK)
December 3, 2020 Opinion or Order Filing 30 NOTICE of Supplemental Authority by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A)(DELANY, WILLIAM) Modified on 12/4/2020 (tjd).
December 2, 2020 Opinion or Order Filing 29 REPLY to Response to Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Memorandum in Support, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Proposed Order, #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - W. Delany Declaration, #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
November 25, 2020 Opinion or Order Filing 28 STIPULATION AND ORDER THAT PURSUANT TO UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LOCAL RULE OF CIVIL PROCEDURE 7.4, THE PARTIES STIPULATE WITH THE COURTS PERMISSION THAT, BECAUSE OF THE UPCOMING THANKSGIVING HOLIDAY, DEFENDANTS SHALL HAVE UNTIL DECEMBER 2, 2020, TO FILE A REPLY TO PLAINTIFFS FORTHCOMING OPPOSITION TO DEFENDANTS MOTION TO DISMISS, WHICH PLAINTIFFS INTEND TO FILE ON NOVEMBER 23, 2020. SIGNED BY HONORABLE EDWARD G. SMITH ON 11/25/20. 11/25/20 ENTERED AND COPIES E-MAILED.(mas, )
November 23, 2020 Opinion or Order Filing 27 Memorandum of Law in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF THE COMPLAINT filed by JOHNNY CHU, TANIA NUNEZ, ASHOK D PANDYA, DAVID E STERN. (Attachments: #1 Declaration of MKG, #2 Exhibit Unpublished Decision Sandoval v Exela, #3 Exhibit Amicus Curiae Brief Putnam v. Brotherston)(GYANDOH, MARK) Modified on 11/27/2020 (tjd).
November 20, 2020 Opinion or Order Filing 26 STIPULATION OF EXTENSION OF TIME TO FILE THE REPLY TO PLAINTIFFS FORTHCOMING OPPOSITION TO DEFENDANTS MOTION TO DISMISS by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.**(COPY FORWARDED TO THE JUDGE FOR APPROVAL)** (DELANY, WILLIAM) Modified on 11/24/2020 (tjd).
November 12, 2020 Opinion or Order Filing 25 ORDER THAT THE #19 MOTION FOR LEAVE TO FILE EXCESS PAGES IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 11/12/20.11/12/20 ENTERED AND COPIES E-MAILED.(mas, )
November 9, 2020 Opinion or Order Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent B. BRAUN OF AMERICA INC. for B. BRAUN MEDICAL INC.. by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.**( REFILED USING CORRECT EVENT, SEE DOCUMENT #20 FOR ORIGINAL FILING AND PDF)**(tjd)
November 9, 2020 Opinion or Order Filing 24 Proposed Order re: #21 MOTION TO DISMISS PLAINTIFFS COMPLAINT OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF THE COMPLAINT filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (Attachments: #1 Text of Proposed Order)(DELANY, WILLIAM) Modified on 11/10/2020 (tjd). Modified on 11/10/2020 (tjd).
November 9, 2020 Opinion or Order Filing 23 DECLARATION OF WILLIAM J. DELANY IN SUPPORT re: #21 MOTION TO DISMISS PLAINTIFFS COMPLAINT OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF THE COMPLAINT filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.Declaration. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(DELANY, WILLIAM) Modified on 11/10/2020 (tjd). Modified on 11/10/2020 (tjd).
November 9, 2020 Opinion or Order Filing 22 Memorandum in Support of #21 MOTION TO DISMISS PLAINTIFFS COMPLAINT OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF THE COMPLAINT filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.(DELANY, WILLIAM) Modified on 11/10/2020 (tjd). Modified on 11/10/2020 (tjd).
November 9, 2020 Opinion or Order Filing 21 MOTION TO DISMISS PLAINTIFFS COMPLAINT OR, IN THE ALTERNATIVE, TO STRIKE PORTIONS OF THE COMPLAINT filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC..(DELANY, WILLIAM) Modified on 11/10/2020 (tjd).
November 9, 2020 Opinion or Order Filing 20 Statement of Corporate Disclosure by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
November 9, 2020 Opinion or Order Filing 19 MOTION for Leave to File Excess Pages In Support of their Motion to Dismiss filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.. (Attachments: #1 Text of Proposed Order)(DELANY, WILLIAM)
October 29, 2020 Opinion or Order Filing 18 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 10/29/20. Court Reporter: None. (er, )
October 19, 2020 Opinion or Order Filing 17 ORDER THAT THE #12 APPLICATION OF LARS C. GOLUMBIC, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/19/20.10/19/20 ENTERED AND COPIES E-MAILED.(mas, )
October 19, 2020 Opinion or Order Filing 16 ORDER THAT THE FIRST MOTION FOR PRO HAC VICE FOR LARS C. GOLUMBIC (DOC. NO. #11 ) IS DENIED AS MOOT. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/19/20. 10/19/20 ENTERED AND COPIES E-MAILED.(mas, )
October 19, 2020 Opinion or Order Filing 15 ORDER THAT THE APPLICATION OF NATHANIEL W. INGRAHAM, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/19/20. 10/19/20 ENTERED AND COPIES E-MAILED.(mas, )
October 19, 2020 Opinion or Order Filing 14 MOTION for Pro Hac Vice Nathaniel W. Ingraham filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.**(COMPLETE PRO HAC PDF, SEE ENTRY #13 FOR FILING FEE)**.(DELANY, WILLIAM) Modified on 10/19/2020 (tjd).
October 19, 2020 Opinion or Order Filing 13 MOTION for Pro Hac Vice for Nathaniel W. Ingraham ( Filing fee $ 40 receipt number 0313-14646650.) filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC..(DELANY, WILLIAM)
October 19, 2020 Opinion or Order Filing 12 MOTION for Pro Hac Vice for Lars C. Golumbic ( Filing fee $ 40 receipt number 0313-14646450.) filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC..(DELANY, WILLIAM)
October 19, 2020 Opinion or Order Filing 11 MOTION for Pro Hac Vice for Lars C. Golumbic filed by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC.**(REFILED USING CORRECT EVENT, SEE DOCUMENT #12 FOR NEW PRO HAC)**.(DELANY, WILLIAM) Modified on 10/19/2020 (tjd).
October 13, 2020 Opinion or Order Filing 10 (DOCKETED IN ERROR, CORRECT CASE NUMBER IS 20-4193) ORDER THAT A TELEPHONIC SETTLMENT/STATUS CONFERENCE SET FOR 10/27/2020 02:30 PM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 10/13/20. 10/13/20 ENTERED AND COPIES E-MAILED.(mas, ) Modified on 10/13/2020 (mas, ). (Main Document 10 replaced on 10/13/2020) (mas, ).
October 13, 2020 Opinion or Order Filing 9 (DOCKETED IN ERROR, CORRECT CASE NUMBER IS 20-4193) ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE SET FOR 11/12/2020 09:30 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 10/13/20. 10/13/20 ENTERED AND COPIES E-MAILED.(mas, ) Modified on 10/13/2020 (mas, ). (Main Document 9 replaced on 10/13/2020) (mas, ).
October 7, 2020 Opinion or Order Filing 8 ORDER THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE ON THURSDAY, OCTOBER 29, 2020, AT 10:30 A.M. COUNSEL FOR THE PARTIES SHALL CALL 1-571-353-2300 AND USE PIN 363973916# TO ENTER THE CONFERENCE CALL. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/7/20. 10/7/20 ENTERED AND COPIES E-MAILED.(mas, )
October 7, 2020 Opinion or Order Filing 7 STIPULATION AND ORDER THAT THE PARTIES IN THE ABOVE ACTION STIPULATE AND AGREE THAT DEFENDANTS SHALL HAVE UNTIL NOVEMBER 9, 2020 TO PLEAD OR FILE A RESPONSE TO PLAINTIFFS COMPLAINT. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/7/20. 10/7/20 ENTERED AND COPIES E-MAILED.(mas, )
October 6, 2020 Opinion or Order Filing 6 STIPULATION of Extension of Time to File a Response to Plaintiffs' Complaint by B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. (DELANY, WILLIAM)
October 6, 2020 Opinion or Order Filing 5 NOTICE of Appearance by WILLIAM J. DELANY on behalf of B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, JOHN DOES 1-30, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC (DELANY, WILLIAM)
September 22, 2020 Opinion or Order Filing 4 WAIVER OF SERVICE Returned Executed by DAVID E STERN, TANIA NUNEZ, ASHOK D PANDYA, JOHNNY CHU. THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC waiver sent on 8/27/2020, answer due 10/26/2020. (GYANDOH, MARK)
September 22, 2020 Opinion or Order Filing 3 WAIVER OF SERVICE Returned Executed by DAVID E STERN, TANIA NUNEZ, ASHOK D PANDYA, JOHNNY CHU. BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC waiver sent on 8/27/2020, answer due 10/26/2020. (GYANDOH, MARK)
September 22, 2020 Opinion or Order Filing 2 WAIVER OF SERVICE Returned Executed by DAVID E STERN, TANIA NUNEZ, ASHOK D PANDYA, JOHNNY CHU. B. BRAUN MEDICAL INC. waiver sent on 8/27/2020, answer due 10/26/2020. (GYANDOH, MARK)
August 27, 2020 Opinion or Order Summons Issued as to B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC. Forwarded To: EMAILED TO PLAINTIFF'S COUNSEL on 8/27/20 (JL )
August 26, 2020 Opinion or Order Filing 1 COMPLAINT against B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC, BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC., JOHN DOES 1-30. ( Filing fee $ 400 receipt number 0313-14522994.), filed by DAVID E STERN, TANIA NUNEZ, ASHOK D PANDYA, JOHNNY CHU. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Case Management Track Form Case Management Track Form, #3 Designation Form Designation Form)(REAVEY, DONALD) Modified on 8/27/2020 (tjd).

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Search for this case: NUNEZ et al v. B. BRAUN MEDICAL INC. et al
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Defendant: B. BRAUN MEDICAL INC.
Represented By: NATHANIEL W. INGRAHAM
Represented By: LARS C. GOLUMBIC
Represented By: WILLIAM J. DELANY
Represented By: LARRY M. BLOCHO, JR.
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Defendant: THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC
Represented By: NATHANIEL W. INGRAHAM
Represented By: LARS C. GOLUMBIC
Represented By: WILLIAM J. DELANY
Represented By: LARRY M. BLOCHO, JR.
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Defendant: BOARD OF DIRECTORS OF B. BRAUN MEDICAL INC
Represented By: NATHANIEL W. INGRAHAM
Represented By: LARS C. GOLUMBIC
Represented By: WILLIAM J. DELANY
Represented By: LARRY M. BLOCHO, JR.
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Defendant: JOHN DOES 1-30
Represented By: NATHANIEL W. INGRAHAM
Represented By: LARS C. GOLUMBIC
Represented By: WILLIAM J. DELANY
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Plaintiff: TANIA NUNEZ
Represented By: DONALD R. REAVEY
Represented By: Gabrielle Kelerchian
Represented By: MARK K. GYANDOH
Represented By: Thomas Sinclair
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Plaintiff: DAVID E STERN
Represented By: DONALD R. REAVEY
Represented By: Gabrielle Kelerchian
Represented By: MARK K. GYANDOH
Represented By: Thomas Sinclair
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Plaintiff: JOHNNY CHU
Represented By: DONALD R. REAVEY
Represented By: Gabrielle Kelerchian
Represented By: MARK K. GYANDOH
Represented By: Thomas Sinclair
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Plaintiff: ASHOK D PANDYA
Represented By: DONALD R. REAVEY
Represented By: Gabrielle Kelerchian
Represented By: MARK K. GYANDOH
Represented By: Thomas Sinclair
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