Ferguson et al v. BBVA Compass Bancshares Inc et al
| Gloria Ferguson and Cassandra McClinton |
| Bancshares Inc, Compass Bancshares Inc, BBVA USA Bancshares Inc, BBVA Compass, BBVA Compass Bancshares Inc, Envestnet Asset Management, Inc., Rosilyn Houston, Shane Clanton, Javier Hernandez, Kirk Presley, Celia Niehaus, Joe Cartee, Jim Heslop, Angel Reglero and PNC Financial Services Group Inc |
| 2:2019cv01135 |
| July 18, 2019 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| Madeline Hughes Haikala |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 119
TEXT ORDER: The parties have notified the Court that they have tentatively settled this action. The operative complaint in this action contains class allegations. (Doc. #49 ). The Court converts the September 11, 2023 status conference in this matter, (Doc. #98 ), to a telephone conference on the same day at 12:00 p.m. The parties shall dial 205-931-0422 and enter access code 782 105 788# to participate in the call. In light of the anticipated settlement, the Clerk of Court shall please term PNC's pending motions, (Docs. #102 , #104 ). If the parties do not finalize their anticipated settlement, PNC may ask the Court to reinstate those motions. Signed by Judge Madeline Hughes Haikala on 8/17/2023. (DNW, )
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Filing 118
TEXT ORDER: The Court GRANTS #116 Motion for Limited Admission and #117 Motion for Limited Admission. The Court admits Attorney Margaret E. Studdard and Attorney Theodore J. Sawicki as counsel for defendant PNC Financial Services Group Inc. Signed by Judge Madeline Hughes Haikala on 11/10/2022. (DNW)
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Filing 117
MOTION for Limited Admission Pro Hac Vice by PNC Financial Services Group Inc. (Attachments: #1 Exhibit Declaration of Sawicki, #2 Exhibit Certificate of Good Standing)(Stuart, Sharon)
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Filing 116
MOTION for Limited Admission Pro Hac Vice by PNC Financial Services Group Inc. (Attachments: #1 Exhibit Declaration of Margaret E. Studdard, #2 Exhibit Certificate of Good Standing)(Stuart, Sharon)
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PHV Fee paid: $ 75, receipt number AALNDC-4205955 (rcpt. no. 2152). (Stuart, Sharon) Modified on 11/7/2022 (DNW).
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PHV Fee paid: $ 75, receipt number AALNDC-4205962 (rcpt.no. 2152). (Stuart, Sharon) Modified on 11/7/2022 (DNW).
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Filing 115
REPLY Brief filed by Defendant PNC Financial Services Group Inc re: #104 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure filed by PNC Financial Services Group Inc. (Costin, Emily)
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Filing 114
REPLY Brief filed by Defendant PNC Financial Services Group Inc re: #102 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) filed by PNC Financial Services Group Inc. (Costin, Emily)
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Filing 113
TEXT ORDER: The Court strikes from the record Doc. 108 because it was filed in error. Signed by Judge Madeline Hughes Haikala on 10/19/2022. (DNW)
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Filing 112
STIPULATED JOINT ESI AND DOCUMENT DISCOVERY PROTOCOL ORDER. Signed by Judge Madeline Hughes Haikala on 10/19/2022. (DNW)
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Filing 111
PROTECTIVE ORDER. Signed by Judge Madeline Hughes Haikala on 10/19/2022. (DNW)
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Filing 110
RESPONSE in Opposition re #102 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) Response to Defendant's Motion for Judgment on the Pleadings filed by Gloria Ferguson, Cassandra McClinton. (Attachments: #1 Exhibit A Declaration of James H. White, #2 Exhibit 1 June 2, 2021 Letter to Emily Costin)(Pantazis, Dennis)
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Filing 109
RESPONSE in Opposition re #104 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure Plaintiffs' Response to Defendant PNC Financial Services Group, Inc.'s Motion to Dismiss for Lack of Subject-Matter Jurisdiction filed by Gloria Ferguson, Cassandra McClinton. (Attachments: #1 Exhibit A)(Pantazis, Dennis)
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Filing 108
***STRICKEN*** RESPONSE in Opposition re #102 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) Response to Defendant's Motion for Judgment on the Pleadings filed by Gloria Ferguson, Cassandra McClinton. (Attachments: #1 Exhibit A Declaration of James H. White, #2 Exhibit 1 June 2, 2021 Letter to Emily Costin)(Pantazis, Dennis) Modified on 10/19/2022 (DNW).
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Filing 107
Joint MOTION for Protective Order and ESI Protocol (for Entry) by PNC Financial Services Group Inc. (Attachments: #1 Exhibit A - Proposed Consent Protective Order, #2 Exhibit B - Proposed Stipulated Joint ESI and Document Discovery Protocol)(Costin, Emily)
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Filing 106
Text Order: Plaintiffs shall respond to PNC's Motion for Judgment on the Pleadings (Doc. 102) and Motion to Dismiss for Lack of Jurisdiction (Doc. 104) on or before October 18, 2022; PNC may file a reply on or before October 25, 2022. Signed by Judge Madeline Hughes Haikala on 10/4/2022. (DNW)
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Filing 105
Brief re #104 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure filed by PNC Financial Services Group Inc. (Attachments: #1 Exhibit 1 - Morales v. Capital One Fin. Corp. - May 27, 2022 Hearing Transcript)(Costin, Emily)
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Filing 104
MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure by PNC Financial Services Group Inc. (Costin, Emily) Modified on 8/17/2023 (DNW).
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Filing 103
Brief re #102 MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) filed by PNC Financial Services Group Inc. (Costin, Emily)
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Filing 102
MOTION for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) by PNC Financial Services Group Inc. (Costin, Emily) Modified on 8/17/2023 (DNW).
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Filing 101
Amended ANSWER to #49 Amended Complaint, and Affirmative Defenses by PNC Financial Services Group Inc.(Costin, Emily)
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Filing 100
ORDER granting #99 Motion for Leave to File. For good cause shown, the defendant may file its amended complaint. Signed by Judge Madeline Hughes Haikala on September 19. 2022. (Haikala, Madeline)
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Filing 99
MOTION for Leave to File Amended Answer by PNC Financial Services Group Inc. (Attachments: #1 Exhibit A - Proposed Amended Answer)(Costin, Emily)
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Filing 98
SCHEDULING ORDER: Certain deadlines apply as further set out within including: Discovery due September 30, 2023; Dispositive Motions due March 15, 2024; a Status Conference is set for September 11, 2023 at 11:00 a.m., in Courtroom 7B of the Hugo L Black Courthouse, Birmingham, AL before Judge Madeline Hughes Haikala. This case should be trial ready by May 2024. Signed by Judge Madeline Hughes Haikala on 8/12/2022. (DNW)
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Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Status Conference held on 8/8/2022. Counsel for plaintiff present. Counsel for defendants present. Atty to submit updated Report of Rule (26)f. Scheduling order to follow. (Court Reporter Leah Turner.) (DNW)
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Filing 97
TEXT ORDER: The Court grants Attorney Scott Burnett Smith's and Attorney Leigh Anne Hodge's motion to withdraw as counsel of record in this action. (Doc. #93 ). The Court admits R. Blake Crohan pro hac vice to appear in this action on behalf of PNC. (Doc. #94 ). Signed by Judge Madeline Hughes Haikala on 6/13/2022. (KEK)
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Filing 96
NOTICE by BBVA USA Bancshares Inc re 95 Order, of Joint Statement Regarding Proper Defendants (Costin, Emily)
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Filing 95
TEXT ORDER: Before the Court is a motion to withdraw and a motion for admission pro hac vice. (Docs. #93 , #94 ). On or before June 12, 2022, the parties shall please file a joint statement identifying the proper defendant(s) in this matter. Signed by Judge Madeline Hughes Haikala on 6/6/2022. (KEK)
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Filing 94
MOTION for Leave to Appear Pro Hac Vice Admission of R. Blake Crohan by BBVA USA Bancshares Inc. (Stuart, Sharon)
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Filing 93
MOTION to Withdraw as Attorney of Scott Burnett Smith and Leigh Anne Hodge by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc. (Smith, Scott)
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PHV Fee paid: $ 75, receipt number AALNDC-4094980 (ALND B4601120454). (Stuart, Sharon) Modified on 5/27/2022 (KEK).
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Filing 92
NOTICE by BBVA USA Bancshares Inc Notice of Appearance of R. Blake Crohan (Stuart, Sharon)
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Filing 91
NOTICE by BBVA USA Bancshares Inc Notice of Appearance of Emily Costin (Stuart, Sharon)
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Filing 90
NOTICE of Appearance by Sharon D Stuart on behalf of BBVA USA Bancshares Inc (Stuart, Sharon)
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Filing 89
TEXT ORDER: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties have filed a joint stipulation of dismissal without prejudice as to the individual defendants. (Doc. #88 ). Accordingly, the plaintiffs' claims against Rosilyn Houston, Shane Clanton, Javier Hernandez, Kirk Presley, Celie Niehaus, Joe Cartee, and Jim Heslop are dismissed without prejudice, with each party to bear its own fees and costs. This dismissal does not affect the remaining claims against the other defendants. The Court denies as moot the individual defendants' motion to dismiss the amended complaint. (Doc. #70 ). The Court schedules a status conference for Monday, August 8, 2022 at 11:00 a.m., CR 7B, Hugo L. Black U.S. Courthouse, Birmingham, AL. Signed by Judge Madeline Hughes Haikala on 5/11/2022. (KEK)
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Filing 88
STIPULATION of Dismissal Joint Stipulation of Dismissal Without Prejudice of Individual Defendants Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by Gloria Ferguson, Cassandra McClinton. filed by Gloria Ferguson, Cassandra McClinton (Pantazis, Dennis)
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Filing 87
NOTICE by Gloria Ferguson, Cassandra McClinton Second Joint Notice Regarding Mediation (Pantazis, Dennis)
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Filing 86
TEXT ORDER: On March 2, 2022, the parties notified the Court that mediation would take place on April 21, 2022. (Doc. #85 ). On or before May 19, 2022, the parties shall submit a joint status report updating the Court on the outcome of mediation. Signed by Judge Madeline Hughes Haikala on 5/5/2022. (KEK)
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Filing 85
NOTICE by Gloria Ferguson, Cassandra McClinton Joint Notice Regarding Mediation (Pantazis, Dennis)
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Filing 84
REPLY to Response to Motion re #70 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Joe Cartee, Shane Clanton, Javier Hernandez, Jim Heslop, Rosilyn Houston, Celia Niehaus, Kirk Presley. (Costin, Emily)
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Filing 83
TEXT ORDER: Following the discussion during the December 16, 2021 telephone conference, the Court denies Doc. #72 as moot. Before the Court is the plaintiffs' response in opposition to the individual defendants' motion to dismiss. (Doc. #80 ). On or before January 4, 2022, the individual defendants may file a reply. Signed by Judge Madeline Hughes Haikala on 12/16//2021. (KEK)
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Filing 82
MOTION for Leave to File Reply Brief in Support of Their Motion to Dismiss by Joe Cartee, Shane Clanton, Javier Hernandez, Jim Heslop, Rosilyn Houston, Celia Niehaus, Kirk Presley. (Stuart, Sharon)
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Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 12/16/2021. (Court Reporter Leah Turner.) (YMB)
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Filing 81
Evidentiary Material re: #80 Response in Opposition to Motion, Evidentiary Submission in Support of Plaintiffs' Amended Complaint Plaintiffs' Brief in Response to the Individual Defendants' Motion to Dismiss the Amended Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Pantazis, Dennis)
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Filing 80
RESPONSE in Opposition re #70 MOTION to Dismiss Plaintiffs' Amended Complaint Plaintiffs' Brief in Response to the Individual Defendants' Motion to Dismiss the Amended Complaint filed by Gloria Ferguson, Cassandra McClinton. (Pantazis, Dennis)
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Filing 79
NOTICE of Change of Address by Dennis George Pantazis, Jr (Pantazis, Dennis)
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Filing 78
TEXT ORDER: Before the Court are the individual defendants' motion to stay discovery, (Doc. #72 ), and the parties' Rule 26(f) planning meeting report, (Doc. #74 ). The Court sets these matters for a telephone conference at 10 a.m. on December 16, 2021. Counsel of record shall please dial (877) 873-8018 and enter access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 12/6/2021. (KEK)
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Filing 77
RESPONSE in Opposition re #72 MOTION to Stay DISCOVERY DURING PENDENCY OF THEIR MOTION TO DISMISS filed by Gloria Ferguson, Cassandra McClinton. (Pantazis, Dennis)
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Filing 76
TEXT ORDER: The Court grants plaintiffs' unopposed motion for an extension of time until 12/13/2021, to file a response to defendants' #70 Motion to Dismiss. (Doc. #75 ). Signed by Judge Madeline Hughes Haikala on 11/23/2021. (YMB)
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Filing 75
MOTION for Extension of Time to File Response/Reply as to #70 MOTION to Dismiss Plaintiffs' Amended Complaint, 73 Order, #71 Brief,,,, Unopposed Motion to Extend Briefing Deadlines by Gloria Ferguson, Cassandra McClinton. (Pantazis, Dennis)
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Filing 74
REPORT of Rule 26(f) Planning Meeting. (Pantazis, Dennis)
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Filing 73
TEXT ORDER: Before the Court is the individual defendants' motion to dismiss, (Doc. #70 ), and motion to stay discovery, (Doc. #72 ). On or before November 29, 2021, the plaintiffs may respond to the individual defendants' motions. Signed by Judge Madeline Hughes Haikala on 11/15/2021. (KEK)
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Filing 72
MOTION to Stay DISCOVERY DURING PENDENCY OF THEIR MOTION TO DISMISS by Joe Cartee, Shane Clanton, Javier Hernandez, Jim Heslop, Rosilyn Houston, Celia Niehaus, Kirk Presley. (Stuart, Sharon)
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Filing 71
Brief re #70 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Joe Cartee, Shane Clanton, Javier Hernandez, Jim Heslop, Rosilyn Houston, Celia Niehaus, Kirk Presley. (Attachments: #1 Declaration of Troy Farnlacher in Support of Individual Defendants' Motion to Dismiss, #2 Exhibit 1 to Declaration of Troy Farnlacher - December 19, 2019 Letter, #3 Exhibit 2 to Declaration of Troy Farnlacher - Account Statements, #4 Exhibit 3 to Declaration of Troy Farnlacher - Account Statements, #5 Exhibit 4 to Declaration of Troy Farnlacher - 2012 Form 5500, #6 Exhibit 5 to Declaration of Troy Farnlacher - 2013 Form 5500, #7 Exhibit 6 to Declaration of Troy Farnlacher - 2014 Form 5500, #8 Exhibit 7 to Declaration of Troy Farnlacher - 2015 Form 5500, #9 Exhibit 8 to Declaration of Troy Farnlacher - 2016 Form 5500, #10 Exhibit 9 to Declaration of Troy Farnlacher - 2017 Form 5500, #11 Exhibit 10 to Declaration of Troy Farnlacher - 2018 Form 5500, #12 Exhibit 11 to Declaration of Troy Farnlacher - 2019 Form 5500)(Costin, Emily)
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Filing 70
MOTION to Dismiss Plaintiffs' Amended Complaint by Joe Cartee, Shane Clanton, Javier Hernandez, Jim Heslop, Rosilyn Houston, Celia Niehaus, Kirk Presley. (Costin, Emily)
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Filing 69
ANSWER to #49 Amended Complaint, (DEFENDANTS BBVA COMPASS BANCSHARES, INC., COMPASS BANCSHARES, INC., AND BBVA USA BANCSHARES, INC.S ANSWER AND AFFIRMATIVE DEFENSES) by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc.(Smith, Scott)
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Filing 68
TEXT ORDER: The Court grants defendants' unopposed motion for extension of time until 10/29/2021 to file their responsive pleading to the Second Amended Class Action Complaint. (Doc. #67 ). Signed by Judge Madeline Hughes Haikala on 10/12/2021. (YMB)
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Filing 67
Unopposed MOTION for Extension of Time For Defendants to Respond to Second Amended Class Action Complaint by Joe Cartee, Shane Clanton, Javier Hernandez, Jim Heslop, Rosilyn Houston, Celia Niehaus, Kirk Presley. (Stuart, Sharon)
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Filing 66
ORDER denying #35 Motion to Consolidate Cases. The Court denies the plaintiffs' motion to consolidate this action with case 20-2076. Though the cases share common parties and issues, the cases, because of differences in timing and administrative records, have unique issues as well. If there are inconsistent outcomes in the two cases, those differences likely will reflect actual differences in the cases. The parties may achieve some of the efficiencies available through consolidation by coordinating discovery in the two cases to the extent practicable. Signed by Judge Madeline Hughes Haikala on September 28, 2021. (Haikala, Madeline)
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Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 9/3/2021. (Court Reporter Sabrina Lewis.) (YMB)
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Filing 65
ORDER granting #64 Motion to Dismiss. Having considered the parties' arguments during the September 3, 2021 hearing in this matter, the Court adopts the analysis in Doc. #64 -1 and finds that the plaintiffs have not and cannot plead facts to support a plausible inference that Envestnet is an investment fiduciary. BBVA's possible perception of Envestnet's status as a fiduciary is irrelevant. BBVA and Envestnet's "mutual understanding of" Envestnet's "obligations as investment consultant are set out in the services agreement." (Doc. #64 -1, p. 4). Signed by Judge Madeline Hughes Haikala on September 3, 2021. (Haikala, Madeline) Modified on 9/3/2021 (KEK).
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Filing 64
MOTION to Dismiss by Envestnet Asset Management, Inc.. (Attachments: #1 Exhibit 1-Memorandum Opinion)(Prater, Harlan)
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Filing 63
TEXT ORDER: The Court sets this matter for a telephone conference at 11:00 a.m. CST on September 3, 2021. Counsel of record please dial (877) 873-8018 and enter access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 9/1/2021. (KEK)
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Filing 62
NOTICE by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc (NOTICE OF THE UNITED STATES SUPREME COURTS GRANT OF A WRIT OF CERTIORARI) (Smith, Scott)
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Filing 61
Corporate Disclosure Statement by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. filed by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc (Smith, Scott)
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Filing 60
RESPONSE to Motion re #35 MOTION to Consolidate Cases filed by Joe Cartee, Shane Clanton, Javier Hernandez, Jim Heslop, Rosilyn Houston, Celia Niehaus, Kirk Presley. (Stuart, Sharon)
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Filing 59
TEXT ORDER: The Court grants Attorney Sharon D. Stuart's motion to admit Emily Seymour Costin pro hac vice in this action. (Doc. #58 ). Signed by Judge Madeline Hughes Haikala on 3/23/2021. (YMB)
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Filing 58
MOTION for Leave to Appear Pro Hac Vice Admission of Emily S. Costin by Joe Cartee, Shane Clanton, Javier Hernandez, Jim Heslop, Rosilyn Houston, Celia Niehaus, Kirk Presley. (Stuart, Sharon)
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Filing 57
NOTICE of Appearance by Sharon D Stuart on behalf of Rosilyn Houston, Shane Clanton, Javier Hernandez, Kirk Presley, Celia Niehaus, Joe Cartee, Jim Heslop (Stuart, Sharon)
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Filing 56
TEXT ORDER: The Court grants Attorney Harlan Prater's motion to admit Nancy G. Ross, Richard E. Nowak, and Samuel P. Myler pro hac vice in this action. (Docs. #53 #54 #55 ). Signed by Judge Madeline Hughes Haikala on 3/22/2021. (YMB)
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PHV Fee paid: $ 75, receipt number 1126-3802454. (Stuart, Sharon)
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Filing 55
MOTION for Leave to Appear pro hac vice of Samuel P. Myler by Envestnet Asset Management, Inc.. (Prater, Harlan)
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Filing 54
MOTION for Leave to Appear pro hac vice of Richard E. Nowak by Envestnet Asset Management, Inc.. (Prater, Harlan)
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Filing 53
MOTION for Leave to Appear pro hac vice of Nancy G. Ross by Envestnet Asset Management, Inc.. (Prater, Harlan)
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PHV Fee paid: $ 75, receipt number 1126-3801657. (Prater, Harlan)
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PHV Fee paid: $ 75, receipt number 1126-3801649. (Prater, Harlan)
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PHV Fee paid: $ 75, receipt number 1126-3801662. (Prater, Harlan)
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Filing 52
NOTICE by Gloria Ferguson, Cassandra McClinton of Waiver of Service of Defendants Rosilyn Houston, Shane Clanton, Javier Hernandez, Kirk Presley, Celia Niehaus, Joe Cartee, and Jim Heslop (Pantazis, Dennis)
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Filing 51
NOTICE of Appearance by Brooke Layton Messina on behalf of Envestnet Asset Management, Inc. (Messina, Brooke)
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Filing 50
NOTICE of Appearance by Harlan Irby Prater, IV on behalf of Envestnet Asset Management, Inc. (Prater, Harlan)
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Filing 49
AMENDED COMPLAINT Second against Envestnet Asset Management, Inc., filed by Gloria Ferguson, Cassandra McClinton. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal))(Pantazis, Dennis)
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Filing 48
***Document Sealed - Exhibits A-C to #49 AMENDED COMPLAINT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (KEK) Modified on 3/15/2021 (KEK).
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Filing 47
ORDER granting #44 Motion to Seal Document. The Court grants the plaintiffs' motion to file Exhibits A, B, and C to the plaintiffs' second amended complaint under seal. Signed by Judge Madeline Hughes Haikala on March 9, 2021. (Haikala, Madeline)
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Filing 46
ORDER granting #43 Motion for Leave to File. For good cause shown, the Court grants the plaintiffs' motion to amend their complaint. After the defendants either waive or accept service of the amended complaint, the Court will stay the proceedings in this matter pending resolution of the anticipated motions in the Drake case. Signed by Judge Madeline Hughes Haikala on March 9, 2021. (Haikala, Madeline)
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Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 3/9/2021 re plaintiffs' motion to amend complaint, doc. #43 . (Court Reporter Leah Turner.) (YMB)
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Filing 45
TEXT ORDER: Before the Court is Ms. Ferguson and Ms. McClinton's motion for leave to amend the Plaintiffs' First Amended Complaint. (Doc. #43 ). The Court sets this matter for a telephone conference at 11:00 a.m. CST on March 9, 2021. Counsel of record shall please dial 877-873-8018 and enter access code 5313999 to participate in the conference. Counsel for the proposed defendants shall join the telephone conference. Counsel for Ms. Ferguson and Ms. McClinton shall email this order to counsel for the proposed defendants. Signed by Judge Madeline Hughes Haikala on 3/5/2021. (KEK)
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Filing 44
Unopposed MOTION to Seal Document #43 Unopposed MOTION for Leave to File First Amended Complaint EXHIBITS A, B, and C by Gloria Ferguson, Cassandra McClinton. (Pantazis, Dennis)
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Filing 43
Unopposed MOTION for Leave to Amend First Amended Complaint by Gloria Ferguson, Cassandra McClinton. (Attachments: #1 Exhibit 1 - Second Amended Class Action Complaint, #2 Appendix, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Pantazis, Dennis) Modified on 3/5/2021 (YMB).
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Filing 42
Transcript of Proceedings held on 2/10/2021, before Judge Madeline Hughes Haikala. Court Reporter/Transcriber Leah Turner. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/15/2021. Redacted Transcript Deadline set for 3/25/2021. Release of Transcript Restriction set for 5/23/2021. (Attachments: #1 Court reporter certificate) (KEK)
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Filing 41
MEMORANDUM OPINION - For the reasons states above, the Court denies BBVA's motion to reconsider and motion for certification for appeal. (Docs. #26 , #29 , #30 , and #40 ). Because BBVA answered the complaint on May 26, 2020, (Doc. #28 ), BBVA's motion to stay the answer deadline is denied as moot, (Doc. #27 ). Additionally, the Court denies as moot BBVA's motion to stay Rule 26 obligations. (Doc. #32 ). Signed by Judge Madeline Hughes Haikala on 2/19/2021. (KEK)
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Filing 40
Supplemental MOTION for Reconsideration re #26 MOTION to Amend/Correct #23 Memorandum Opinion,, Terminate Motions,, Set Hearings, MOTION TO ALTER OR AMEND, MOTION FOR CERTIFICATION OF IMMEDIATE APPEAL, MOTION TO STAY PENDING RESOLUTION OF 1292(B) PROCEEDINGS, AND MEMORANDUM IN SUPP, #34 REPLY (other), #29 Supplemental MOTION to Alter Judgment by BBVA Compass Bancshares Inc. (Smith, Scott)
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Filing 39
TEXT ORDER: The Telephonic Hearing re plaintiffs' #35 Motion to Consolidate Cases currently set for today at 3:00 PM, is converted into a Hearing via Zoom videoconference, on this same date and time. The Zoom meeting information will be provided by separate email. Signed by Judge Madeline Hughes Haikala on 2/10/2021. (YMB)
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Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Motion Hearing held on 2/10/2021 via Zoom videoconference re #35 Motion to Consolidate Cases. (Court Reporter Leah Turner.) (YMB)
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Filing 38
RESPONSE in Opposition re #35 MOTION to Consolidate Cases filed by Envestnet Asset Management, Inc.. (Prater, Harlan)
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Filing 37
RESPONSE to re #35 PLAINTIFFS MOTION TO CONSOLIDATE filed by BBVA Compass Bancshares Inc. (Smith, Scott)
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Filing 36
TEXT ORDER - Plaintiffs Ms. Ferguson and Ms. McClinton have moved to consolidate this case and Drake v. BBVA USA Bancshares, Inc., et al, 2:20-cv-02076-ACA. (Doc. #35 ). The defendants oppose consolidation. (Doc. #35 , p. 2). The Court sets this matter for a telephone conference at 3:00 PM CST on February 10, 2021. Counsel of record shall please dial 877-873-8018 and enter access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 2/5/2021. (KEK)
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Filing 35
MOTION to Consolidate Cases by Gloria Ferguson, Cassandra McClinton. (Clark, C)
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Filing 34
REPLY to re #26 IN SUPPORT OF MOTION TO ALTER OR AMEND filed by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Hodge, Leigh Anne)
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Filing 33
RESPONSE in Opposition re #32 MOTION to Stay re #11 Uniform Initial Order (MOTION TO STAY RULE 26 OBLIGATIONS) filed by Gloria Ferguson, Cassandra McClinton. (Clark, C)
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Filing 32
MOTION to Stay re #11 Uniform Initial Order (MOTION TO STAY RULE 26 OBLIGATIONS) by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Hodge, Leigh Anne)
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Filing 31
Opposition to re #26 , #27 , #29 Opposition to Motion to Alter or Amend, to Certify for Immediate Apeal filed by Gloria Ferguson, Cassandra McClinton. (Clark, C)
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Filing 30
Supplemental MOTION to Alter Judgment (DEFENDANTS CORRECTED SUPPLEMENT IN SUPPORT OF MOTION TO ALTER OR AMEND) by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Attachments: #1 Exhibit A-Fergusons and McClintons notice of non-appeal, #2 Exhibit B-Drakes appeal, part 1, #3 Exhibit B-Drake's appeal, part 2, #4 Exhibit B-Drake's appeal, part 3)(Hodge, Leigh Anne)
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Filing 29
Supplemental MOTION to Alter Judgment by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Attachments: #1 Exhibit A-Fergusons and McClintons notice of non-appeal, #2 Exhibit B-Drakes appeal)(Hodge, Leigh Anne)
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Filing 28
ANSWER to #1 Complaint (DEFENDANTS ANSWER AND AFFIRMATIVE DEFENSES) by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc.(Hodge, Leigh Anne)
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Filing 27
MOTION to Stay ANSWER DEADLINE by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Hodge, Leigh Anne)
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Filing 26
MOTION TO ALTER OR AMEND, MOTION FOR CERTIFICATION OF IMMEDIATE APPEAL, MOTION TO STAY PENDING RESOLUTION OF 1292(B) PROCEEDINGS, AND MEMORANDUM IN SUPPORT by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Attachments: #1 Exhibit A - Committee Decision)(Hodge, Leigh Anne) Modified on 5/22/2020 (KEK).
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Filing 25
ORDER finding as moot #16 Motion to Strike. Because the plaintiffs have withdrawn their jury demand (Doc. #19 ), the Court finds Compass/BBVA's motion to strike moot. Signed by Judge Madeline Hughes Haikala on May 21, 2020. (Haikala, Madeline)
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Filing 24
TEXT ORDER - Defendants BBVA Compass Bancshares, Inc., Compass Bancshares, Inc., and BBVA USA Bancshares, Inc. have moved, (Doc. #17 ), to stay the parties' Rule 26 obligations until the Court rules on Defendants' motion to dismiss. In its May 12, 2020 memorandum opinion, the Court denied the motion to dismiss. (Doc. #23 ). Accordingly, the Court denies as moot Defendants' motion to stay. The Court asks the Clerk to please term Doc. 17. Signed by Judge Madeline Hughes Haikala on 5/13/2020. (KEK)
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Filing 23
MEMORANDUM OPINION - For the reasons above, the Court denies BBVA's motion to dismiss, (Doc. #14 ). BBVA also has moved to strike Ms. Ferguson's and Ms. McClinton's jury demand, (Doc. #16 ). The Court sets the motion for oral argument at 3:00 p.m. on May 28, 2020. Signed by Judge Madeline Hughes Haikala on 5/12/2020. (KEK)
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Filing 22
STANDING ORDER FOR CIVIL CASES PENDING BEFORE JUDGE HAIKALA. Signed by Judge Madeline Hughes Haikala on 5/4/2020. (KEK)
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Filing 21
STANDING ORDER FOR CIVIL CASES PENDING BEFORE JUDGE HAIKALA. Signed by Judge Madeline Hughes Haikala on 3/25/2020. (KEK)
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Filing 20
REPLY Brief filed by Defendants BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc re: #19 Response to Motion, #14 MOTION to Dismiss Complaint filed by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Attachments: #1 Exhibit Tab 1)(Smith, Scott)
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Filing 19
RESPONSE to Motion re #16 MOTION to Strike Jury Demand filed by Gloria Ferguson, Cassandra McClinton. (Pantazis, Dennis)
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Filing 18
RESPONSE to Motion re #14 MOTION to Dismiss Complaint filed by Gloria Ferguson, Cassandra McClinton. (Attachments: #1 Exhibit 1)(Pantazis, Dennis)
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Filing 17
Unopposed MOTION to Stay re #11 Uniform Initial Order by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Hodge, Leigh Anne)
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Filing 16
MOTION to Strike Jury Demand by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Smith, Scott)
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Filing 15
Brief re #14 MOTION to Dismiss Complaint filed by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Attachments: #1 Exhibit Declaration of T.Farnlacher Ex. A Part 1, #2 Exhibit A Part 2 to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration)(Smith, Scott)
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Filing 14
MOTION to Dismiss Complaint by BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc. (Smith, Scott)
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Filing 13
NOTICE of Appearance by Leigh Anne Hodge on behalf of BBVA Compass Bancshares Inc, BBVA USA Bancshares Inc, Compass Bancshares Inc (Hodge, Leigh Anne)
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Filing 12
NOTICE of Appearance by Scott B Smith on behalf of All Defendants (Smith, Scott)
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Filing 11
INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 9/6/2019. (KEK)
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Filing 10
Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Madeline Hughes Haikala. Please use case number 2:19-cv-1135-MHH on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (MRR, )
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Filing 9
SUMMONS Returned Executed by Gloria Ferguson, Cassandra McClinton. BBVA USA Bancshares Inc served on 7/25/2019, answer due 8/15/2019. (KEK)
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Filing 8
SUMMONS Returned Executed BBVA Compass Bancshares Inc served; Compass Bancshares Inc served (MRR, )
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Filing 7
WAIVER OF SERVICE Returned Executed by Gloria Ferguson, Cassandra McClinton. BBVA USA Bancshares Inc waiver sent on 7/22/2019, answer due 9/20/2019. (Pantazis, Dennis) Modified text on 7/24/2019 (MRR, ).
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Filing 6
WAIVER OF SERVICE Returned Executed by Gloria Ferguson, Cassandra McClinton. BBVA Compass Bancshares Inc waiver sent on 7/22/2019, answer due 9/20/2019. (Pantazis, Dennis) Modified text on 7/24/2019 (MRR, ).
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Filing 5
WAIVER OF SERVICE Returned Executed by Gloria Ferguson, Cassandra McClinton. Compass Bancshares Inc waiver sent on 7/22/2019, answer due 9/20/2019. (Pantazis, Dennis) Modified text on 7/24/2019 (MRR, ).
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Filing 4
Summons Issued as to All Defendants, sent via certified mail (MRR, )
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| Filing 3 Request for service by certified mail filed by Gloria Ferguson, Cassandra McClinton. (Pantazis, Dennis) |
| Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing 1 COMPLAINT against All Defendants, filed by Gloria Ferguson, Cassandra McClinton.(MRR, ) |
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Filing Fee: Filing fee $ 400, receipt_number 1126-3393194 (B4601099243). related document #1 COMPLAINT against All Defendants, filed by Gloria Ferguson, Cassandra McClinton.(MRR, ). (Pantazis, Dennis) Modified on 7/19/2019 (MRR, ).
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