Estate of Calvin Thomas, Jr. v. Rhymes et al
| Estate of Calvin Thomas, Jr. |
| Lequisia Shanta Rhymes, Calvin Thomas, III, Desmond Thomas and Empower Retirement, LLC |
| 2:2022cv00309 |
| May 20, 2022 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Emily C Marks |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 NOTICE of Correction re #21 Corporate/Conflict Disclosure Statement. The original pdf contained typographical errors. The correct pdf is attached to this notice. (Attachments: #1 Correct pdf of Doc. #21 )(dmn, ) |
| Filing 25 NOTICE of Correction re #23 Unopposed MOTION to Extend Deadline to Respond to Defendant's Motion to Dismiss to correct main pdf previously attached by e-filer. (Attachments: #1 Corrected Main Document #23 )(am, ) |
Filing 24
TEXT ORDER: GRANTING the #23 Unopposed Motion to Extend Deadline to Respond to Defendant's Motion to Dismiss; Plaintiff's deadline is extended to 8/4/2022. Signed by Chief Judge Emily C. Marks on 7/14/2022. (NO PDF attached to this entry) (am, )
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| Filing 23 Unopposed MOTION to Extend Deadline to Respond to Defendant's Motion to Dismiss by Estate of Calvin Thomas, Jr.. (Crow, Christina) Modified on 7/14/2022 to clarify text (am, ). (Main Document 23 replaced on 7/14/2022 to correct main pdf previously attached by e-filer) (am, ). |
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Filing 22
ORDER: it is hereby ORDERED that the Plaintiff shall file a response to the Defendants' #19 motion on or before 7/27/2022; It is further ORDERED that the Defendant shall file a reply to the Plaintiff's response on or before 8/3/2022. Signed by Chief Judge Emily C. Marks on 7/13/2022. (am, )
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| Filing 21 Corporate/Conflict Disclosure Statement by Lequisia Shanta Rhymes, Desmond Thomas, Calvin Thomas, III. (Penn, Carmella) Modified on 7/11/2022 to include additional filers who were omitted in error at original time of filing. (dmn, ) (Main Document 21 replaced on 7/14/2022) (dmn, ). Modified on 7/14/2022 to remove reference to businesses in pdf. Filed obo individuals, not businesses. (dmn, ) |
| Filing 20 BRIEF/MEMORANDUM in Support of Defendant's #19 MOTION to Dismiss Plaintiff's State-Law Claims and to Strike Demand for Jury Trial Pursuant to ERISA filed by Lequisia Shanta Rhymes, Desmond Thomas, Calvin Thomas, III. (Penn, Carmella) Modified on 7/11/2022 to reflect actual title and include additional filers who were omitted in error at original time of filing. (dmn, ) (Additional attachment(s) added on 7/14/2022: #1 Correct Certificate of Service) (dmn, ). Modified on 7/14/2022 original certificate of service did not contain signature. (dmn, ) |
| Filing 19 MOTION to Dismiss Plaintiff's State Law Claims and to Strike Demand for Jury Trial Pursuant to ERISA by Lequisia Shanta Rhymes, Desmond Thomas, and Calvin Thomas, III. (Penn, Carmella) Modified on 7/11/2022 to reflect actual title and include additional filers who were omitted in error at time of filing. (dmn, ) |
| Filing 18 NOTICE of Appearance by Carmella Johnson Penn on behalf of Lequisia Shanta Rhymes (Penn, Carmella) |
| Filing 17 NOTICE of Appearance by Carmella Johnson Penn on behalf of Calvin Thomas, III (Penn, Carmella) |
| Filing 16 NOTICE of Appearance by Carmella Johnson Penn on behalf of Desmond Thomas (Penn, Carmella) |
| MOTION to Strike Jury Demand by Lequisia Shanta Rhymes, Calvin Thomas, III, Desmond Thomas. (dmn, ) (no pdf, see Doc. #19 ) |
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Filing 15
TEXT ORDER granting #14 Unopposed First Motion to Extend Deadline to Respond to #10 Motion to Dismiss. Plaintiff's response deadline is extended from 6/30/2022 to 7/14/2022. Signed by Chief Judge Emily C. Marks on 6/30/2022. (dmn, ) (no pdf)
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| Filing 14 UNOPPOSED First MOTION to Extend Deadline to Respond to Defendant's #10 Motion to Dismiss by Estate of Calvin Thomas, Jr. (Crow, Christina) Modified on 6/30/2022 to reflect unopposed. (dmn, ) |
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Filing 13
ORDER: it is hereby ORDERED that the Plaintiff shall file a response to the Defendant's #10 motion on or before 6/30/2022; It is further ORDERED that the Defendant shall file a reply to the Plaintiff's response on or before 7/7/2022. Signed by Chief Judge Emily C. Marks on 6/17/2022. (am, )
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| Filing 12 Case reassigned to Chief Judge Emily C. Marks. Honorable Judge Jerusha T. Adams no longer assigned to the case as presiding judge. (dmn, ) |
| Motions No Longer Referred due to Case Reassignment: #10 MOTION to Dismiss Plaintiff's State Law Claims and to Strike Demand for Jury Trial Pursuant to ERISA MOTION to Strike, MOTION to Withdraw as Attorney. (dmn, ) |
| ***Pursuant to the #10 Answer - Attorney Braxton Scott Thrash for Empower Retirement, LLC added. (NO PDF attached to this entry) (am, ) |
| Filing 11 BRIEF/MEMORANDUM in Support re #10 MOTION to Dismiss Plaintiff's State Law Claims and to Strike Demand for Jury Trial Pursuant to ERISA filed by Empower Retirement, LLC. (Wahlheim, William) |
| Filing 10 MOTION to Dismiss Plaintiff's State Law Claims and MOTION to Strike Demand for Jury Trial Pursuant to ERISA by Empower Retirement, LLC. (Wahlheim, William). Added MOTION to Strike on 6/13/2022 (am, ). |
| Filing 9 Summons Issued as to Lequisia Shanta Rhymes, Calvin Thomas, III, Desmond Thomas. Note to Counsel: The summons have been issued. Please print copies necessary for service.(dmn, ) |
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Filing 8
TEXT ORDER: For good cause, it is ORDERED that the Consent Motion to Extend Time to File Responsive Pleading (Doc. No. #6 ) filed on 5/25/2022 is GRANTED. On or before 6/10/2022, the defendant, Empower Retirement, LLC, shall file an answer or other response to the plaintiff's complaint. Signed by Honorable Judge Jerusha T. Adams on 5/26/2022. (dmn, ) (no pdf)
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| Filing 7 Proposed Summons for Rhymes, Thomas & Thomas (Crow, Christina) (Main Document 7 replaced on 5/26/2022) (dmn, ). Modified on 5/26/2022 to correct "Desmund" to "Desmond." (dmn, ) |
| Filing 6 Consent MOTION for Extension of Time to File Answer by Empower Retirement, LLC. (Wahlheim, William) |
| Filing 5 Corporate/Conflict Disclosure Statement by Empower Retirement, LLC. re #3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement (Wahlheim, William) Modified on 5/25/2022 to add the link to the #3 notice (bes, ). |
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Filing 4
ORDER: The parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before 6/15/2022, as further set out in order; Do NOT electronically file the consent form nor the reassignment form into the record. Signed by Honorable Judge Jerusha T. Adams on 5/25/2022. (bes, )
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| Filing 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Empower Retirement, LLC; Corporate Disclosures due by 6/6/2022. (Attachments: #1 Standing Order and Sample Format)(bes, ) |
| Filing 2 NOTICE of Assignment to Magistrate Judge sent to counsel for (ALL PARTIES) Empower Retirement, LLC, Estate of Calvin Thomas, Jr., Lequisia Shanta Rhymes, Calvin Thomas, III, Desmond Thomas. (bes, ) |
| Filing 1 NOTICE OF REMOVAL by Empower Retirement, LLC from Circuit Court of Barbour County, Alabama, case number 69-cv-2017-000002.00. (Receipt Number 4602066886, Filing fee $ 402.00) (Attachments: #1 State Court Counterclaim, #2 Exhibit A - State Court Record, #3 Exhibit B - Retirement Plan, #4 Exhibit C - Petition for Removal to Circuit Court, #5 Exhibit D - Order of Removal, #6 Exhibit E - Order in Circuit Court, #7 Exhibit F - Pending Motion to Withdraw, #8 Civil Cover Sheet, #9 Receipt) (bes, ) Modified on 5/26/2022 to include receipt number (bes, ). |
| COMPLAINT against Empower Retirement, LLC, Lequisia Shanta Rhymes, Calvin Thomas, III, Desmond Thomas, filed by Estate of Calvin Thomas, Jr.. (No PDF attached to this entry - see doc #1 for PDF)(bes, ) |
| MOTION to Withdraw as Attorney for Carmella Johnson Penn by Lequisia Shanta Rhymes, Calvin Thomas, III, Desmond Thomas. (No PDF attached to this entry - see doc #1 for PDF) (bes, ) |
| DEMAND for Trial by Jury by Estate of Calvin Thomas, Jr.. (No PDF attached to this entry - see doc #1 for PDF) (bes, ) |
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