Threadford et al v. Horizon Trust and Investment Management, N.A. et al
William Holmes and Danielle Threadford |
Janice McKinney, Horizon Trust and Investment Management, N.A. and Roddy McKinney |
2:2020cv00750 |
May 29, 2020 |
US District Court for the Northern District of Alabama |
Staci G Cornelius |
R David Proctor |
Labor: E.R.I.S.A. |
29 U.S.C. § 1104 |
None |
Docket Report
This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 60 INITIAL ORDER IN ERISA BENEFITS CASES. Signed by Judge R David Proctor on 7/27/2020. (KAM) |
Filing 59 TEXT ORDER - This matter is before the court on Defendant Horizon Trust & Investment Management, N.A.s Motion to Dismiss #56 and Defendant Janice and Roddy McKinneys Motion to Dismiss #57 . The parties are REMINDED to brief both motions in accordance with Exhibit B of the courts Initial Order, which is being filed simultaneously with this Text Order. Signed by Judge R David Proctor on 7/27/2020. (KAM) |
Filing 58 INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 7/27/2020. (KAM) |
Filing 57 MOTION to Dismiss by Janice McKinney, Roddy McKinney. (Attachments: #1 Supplement Memorandum of Law in Support, #2 Exhibit A - Plan Document, #3 Exhibit B - Summary Plan Description, #4 Text of Proposed Order)(Davis, Thomas) |
Filing 56 MOTION to Dismiss by Horizon Trust and Investment Management, N.A.. (Attachments: #1 Exhibit Memorandum In Support, #2 Text of Proposed Order)(Wahlheim, William) |
Filing 55 TEXT ORDER This matter is before the court on Plaintiffs Amended Motion to Appear Pro Hac Vice, filed on behalf of Attorney Patrick O. Muench #54 . The Motion #54 is GRANTED.. Signed by Judge R David Proctor on 7/10/2020. (KAM) |
Filing 54 Amended MOTION for Leave to Appear Pro Hac Vice of Patrick O. Muench by William Holmes, Danielle Threadford. (Attachments: #1 Exhibit A - Illinois State Bar COGS)(Selby, David) |
Filing 53 TEXT ORDER This matter is before the court on the Motion to Appear Pro Hac Vice #52 , filed on behalf of Attorney Patrick O. Muench. The Motion #52 is CONDITIONALLY GRANTED. On or before July 10, 2020, Attorney Muench SHALL certify to the court that he has read and understands (1) the local rules applicable to this District, (2) the Alabama State Bar Code of Professional Courtesy and the Lawyers Creed, and (3) this courts CM/ECF requirements. Failure to submit the above items will result in vacatur of the conditional grant of the motion. Signed by Judge R David Proctor on 7/9/2020. (KAM) |
Filing 52 MOTION for Leave to Appear Pro Hac Vice of Patrick O. Muench by William Holmes, Danielle Threadford. (Attachments: #1 Exhibit A - Illinois State Bar COGS)(Selby, David) |
PHV Fee paid: $ 75, receipt number 1126-3625658. (Selby, David) |
Filing 51 TEXT ORDER - This matter is before the court on the parties Joint Motion to Extend Time to File Responsive Pleadings and Request for Briefing Schedule #44 . For good cause shown, the Motion #44 is GRANTED. Defendants SHALL file a response to Plaintiffs Complaint on or before July 24, 2020. To the extent Defendants respond by motion, Plaintiffs brief(s) in opposition to Defendants motion SHALL be filed on or before August 24, 2020. Defendants may file a reply brief, if necessary, on or before September 23, 2020. Signed by Judge R David Proctor on 6/26/2020. (KAM) |
Filing 50 TEXT ORDER - This matter is before the court on Defendants Rodney McKinney and Janice McKinneys Motion for Leave to Withdraw Appearances of Brian L. McDermott and Melissa K. Taft #48 . The Motion #48 is GRANTED. Attorneys Brian L. McDermott and Melissa K. Taft are hereby TERMINATED. Signed by Judge R David Proctor on 6/26/2020. (KAM) |
Filing 49 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 R. David Proctor. Please use case number 2:20-cv-750-RDP on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (MRR, ) |
Filing 48 MOTION to Withdraw as Attorney Appearances of Brian L. McDermott and Melissa K. Taft Motion is RIPE 6/25/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Janice McKinney, Roddy McKinney. (Davis, Thomas) |
Filing 47 Mail Returned as Undeliverable. Mail, Text Order 34 sent to Patrick O Muench- Attorney for Pltf (MRR, ) |
Filing 46 Mail Returned as Undeliverable. Mail, Doc 30, and Notice to Counsel letter sent to Patrick O Muench- Attorney for Pltf- Deemed filed 6/23/20 (MRR, ) |
Filing 45 Mail Returned as Undeliverable. Mail, Order Doc 31 sent to Patrick O Muench- Attorney for pltf-Deemed filed 6/23/20 (MRR, ) Modified on 6/24/2020 (MRR, ). |
Filing 44 Joint MOTION for Extension of Time to File Response/Reply to Pleadings and Request for Briefing Schedule Motion is RIPE 6/24/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Horizon Trust and Investment Management, N.A.., William Holmes, Janice McKinney, Roddy McKinney, Danielle Threadford (Wahlheim, William) Modified to add all filers on 6/24/2020 (MRR, ). |
Filing 43 TEXT ORDER: During a June 22, 2020 status conference, counsel for one or more of the defendants requested a thirty-day extension of the current June 25, 2020 deadline for pleadings responsive to the plaintiffs' complaint. The request is GRANTED IN PART, to the extent the deadline for responsive pleadings is extended by seven days, to July 2, 2020. The plaintiffs indicated they do not oppose a seven-day extension of the responsive pleading deadline. If the case remains with the undersigned pursuant to unanimous consent, the undersigned will address the balance of the extension sought by the defendant(s). Otherwise, the defendant(s) may seek further relief from the district judge following reassignment. Signed by Magistrate Judge Staci G Cornelius on 6/22/20. (MRR, ) |
Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 6/22/2020. (BST) |
Filing 42 NOTICE to remind parties of consent telephone conference scheduled for 11:15 AM on Monday, 6/22/20; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, by 4:00 PM on Friday, 6/19/20, the conference will be cancelled. (BST) |
Filing 41 TEXT ORDER: The motions seeking leave for Gregory Y. Porter and Ryan T. Jenny to appear pro hac vice on behalf of the plaintiffs in this action (Docs. #39 , #40 ) are GRANTED. Signed by Magistrate Judge Staci G Cornelius on 6/17/20. (MRR, ) |
Filing 40 MOTION for Leave to Appear Pro Hac Vice of Ryan T. Jenny by William Holmes, Danielle Threadford. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Selby, David) |
Filing 39 MOTION for Leave to Appear Pro Hac Vice of Gregory Y. Porter by William Holmes, Danielle Threadford. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Selby, David) |
PHV Fee paid: $ 75, receipt number 1126-3611359 (B4601106600). (Selby, David) Modified on 6/16/2020 (MRR, ). |
PHV Fee paid: $ 75, receipt number 1126-3611378 (B4601106601). (Selby, David) Modified on 6/16/2020 (MRR, ). |
Filing 38 TEXT ORDER: The motions seeking leave for Howard Shapiro and Juan C. Obregon to appear pro hac vice on behalf of defendants Janice McKinney and Roddy McKinney in this action (Docs. #32 , #33 ) are GRANTED. The motions seeking leave for Lars C. Golumbic, Sean C. Abouchedid, and Andrew D. Salek-Raham to appear pro hac vice on behalf of defendant Horizon Trust and Investment Management, N.A., in this action (Docs. #35 , #36 , #37 ) are GRANTED. Signed by Magistrate Judge Staci G Cornelius on 6/11/20. (MRR, ) |
PHV Fee paid: $ 75, receipt number 1126-3607757 (B4601106510). (Salek-Raham, Andrew) Modified on 6/11/2020 (MRR, ). |
PHV Fee paid: $ 75, receipt number 1126-3607779 (B4601106512). (Golumbic, Lars) Modified on 6/11/2020 (MRR, ). |
PHV Fee paid: $75,-Sean C Abouchedid receipt number B4601106511 (MRR, ) |
Filing 37 MOTION for Leave to Appear Pro hac Vice Andrew D. Salek-Raham Motion is RIPE 6/9/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Horizon Trust and Investment Management, N.A.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Text of Proposed Order)(Wahlheim, William) |
Filing 36 MOTION for Leave to Appear Pro Hac Vice Sean C. Abouchedid Motion is RIPE 6/9/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Horizon Trust and Investment Management, N.A.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Text of Proposed Order)(Wahlheim, William) |
Filing 35 MOTION for Leave to Appear Pro Hac Vice Lars C. Golumbic Motion is RIPE 6/9/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Horizon Trust and Investment Management, N.A.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Text of Proposed Order)(Wahlheim, William) |
Filing 34 ORDER that the Telephone Conference set for 6/11/2020 is RESET for 6/22/2020 11:15 AM before Magistrate Judge Staci G Cornelius; parties to call in as previously directed in order; the parties are reminded that if all parties submit a consent from either electing or declining jurisdiction by a magistrate judge by 6/19/2020 the conference will be cancelled; Signed by Magistrate Judge Staci G Cornelius on 6/9/2020. (BST) |
Filing 33 MOTION for Leave to Appear Pro Hac Vice of Juan C. Obregon Motion is RIPE 6/5/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Janice McKinney, Roddy McKinney. (Attachments: #1 Exhibit A)(Davis, Thomas) |
Filing 32 MOTION for Leave to Appear Pro Hac Vice of Howard Shapiro Motion is RIPE 6/5/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Janice McKinney, Roddy McKinney. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Davis, Thomas) |
PHV Fee paid: $ 75, receipt number 1126-3603901 (ALND receipt# B4601106373). (Davis, Thomas) Modified on 6/5/2020 (AKD). |
PHV Fee paid: $ 75, receipt number 1126-3603911 (ALND receipt# B4601106374). (Davis, Thomas) Modified on 6/5/2020 (AKD). |
Filing 31 ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than June 25, 2020. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after June 25, 2020. A telephone status conference is hereby SET for 10:00 a.m. on June 11, 2020. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 6/4/20. (MRR, ) |
Filing 30 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
Filing 29 Case transferred in from District of Indiana Northern; Case Number 3:20-cv-00188. Original file certified copy of transfer order and docket sheet received. |
Filing 28 ORDER GRANTING #22 MOTION to Transfer Case (Venue) Filed on Behalf of Defendants, Roddy and Janice McKinney by Defendants Janice McKinney, Roddy McKinney. The Clerk is DIRECTED to transfer this case to the Clerk for the United States District Court for the Northern District of Alabama. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/28/2020. (lhc) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 27 ORDER granting #26 Application to Appear Pro Hac Vice of Attorney Ryan T Jenny PHV for William Holmes and Danielle Threadford. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/28/2020. (ace) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 26 Application for Attorney Ryan T. Jenny to Appear Pro Hac Vice on behalf of Danielle Threadford and William Holmes. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4235182(Pro Hac Vice Temporary login, ) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 25 NOTICE by Horizon Trust and Investment Management, N.A. of Consent to Motion to Transfer Venue, Dkt. 22 (Salek-Raham PHV, Andrew) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 24 APPENDIX to #23 Memorandum in Support by Janice McKinney, Roddy McKinney. (Attachments: #1 Exhibit 1 - Declaration of R. Lee McKinney, II, #2 Exhibit 2 - Declaration of Roddy Lee McKinney, #3 Exhibit 3 - Declaration of Janice McKinney, #4 Exhibit 4 - Declaration of Tracy Woolsey, #5 Exhibit 5 - Federal Court Management Statistics)(Taft, Melissa) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 23 MEMORANDUM in Support of #22 MOTION to Transfer Case (Venue) Filed on Behalf of Defendants, Roddy and Janice McKinney filed by Janice McKinney, Roddy McKinney. (Taft, Melissa) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 22 MOTION to Transfer Case (Venue) Filed on Behalf of Defendants, Roddy and Janice McKinney by Defendants Janice McKinney, Roddy McKinney. (Taft, Melissa) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 21 ORDER GRANTING #15 MOTION for Extension of Time to File Answer re #10 Order on Motion for Extension of Time to Answer, by Defendant Horizon Trust and Investment Management, N.A. The deadline for any venue-related responsive pleadings REMAINS 5/13/2020. The deadline for all Defendants to file any non-venue related responsive pleadings is EXTENDED until 6/25/2020. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/11/2020. (lhc) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 20 NOTICE by William Holmes, Danielle Threadford of Non-Opposition to Defendants' Motion for Extension of Time to File Responsive Pleadings Other Than Venue Challenge (Muench, Patrick) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 19 ORDER granting #17 Application to Appear Pro Hac Vice of Attorney Juan C Obregon PHV for Janice McKinney and Roddy McKinney. Approved conditionally pending the filing of a certificate of good standing as soon as practicable. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/1/2020. (ace) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 18 ORDER granting #16 Application to Appear Pro Hac Vice of Attorney Howard Shapiro PHV for Janice McKinney and Roddy McKinney. Approved conditionally pending the filing of a certificate of good standing as soon as practicable.. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/1/2020. (ace) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 17 Application for Attorney Juan C. Obregon to Appear Pro Hac Vice on behalf of Roddy McKinney and Janice McKinney. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4212855(Pro Hac Vice Temporary login, ) (Main Document 17 replaced on 5/1/2020 to include corrected federal court admission date) (ace). Modified on 5/1/2020 (ace). [Transferred from Indiana Northern on 5/29/2020.] |
Filing 16 Application for Attorney Howard Shapiro to Appear Pro Hac Vice on behalf of Roddy McKinney and Janice McKinney. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4212848(Pro Hac Vice Temporary login, ) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 15 MOTION for Extension of Time to File Answer re #10 Order on Motion for Extension of Time to Answer, by Defendant Horizon Trust and Investment Management, N.A.. (Fischer, Rebecca) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 14 ORDER granting #13 Application to Appear Pro Hac Vice of Attorney Andrew Salek-Raham PHV for Horizon Trust and Investment Management, N.A.. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/24/2020. (ace) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 13 Application for Attorney Andrew D. Salek-Raham to Appear Pro Hac Vice on behalf of Horizon Trust and Investment Management, N.A.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4206919(Pro Hac Vice Temporary login, ) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 12 ORDER granting #11 Application to Appear Pro Hac Vice of Attorney Sean C Abouchedid PHV for Horizon Trust and Investment Management, N.A.. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/7/2020. (ace) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 11 Application for Attorney Sean C. Abouchedid to Appear Pro Hac Vice on behalf of Horizon Trust and Investment Management, N.A. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4192405(Abouchedid PHV, Sean) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 10 ORDER GRANTING #8 MOTION for Extension of Time to File Answer to Plaintiffs' Complaint and Request for a Briefing Schedule by Defendants Janice McKinney, Roddy McKinne. Horizon Trust and Investment Management, N.A. answer due 5/13/2020; Janice McKinney answer due 5/13/2020; Roddy McKinney answer due 5/13/2020. Response to be filed by 6/12/2020. Reply to be filed by 7/13/2020. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/2/2020. (lhc) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 9 ORDER granting #4 Application to Appear Pro Hac Vice of Attorney Lars C Golumbic PHV for Horizon Trust and Investment Management, N.A.. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/31/2020. (ace) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 8 MOTION for Extension of Time to File Answer to Plaintiffs' Complaint and Request for a Briefing Schedule by Defendants Janice McKinney, Roddy McKinney. (McDermott, Brian) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 7 NOTICE of Appearance by Brian L McDermott on behalf of Janice McKinney, Roddy McKinney (McDermott, Brian) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 6 NOTICE of Appearance by Melissa K Taft on behalf of Janice McKinney, Roddy McKinney (Taft, Melissa) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 5 Corporate Disclosure Statement by Horizon Trust and Investment Management, N.A. identifying Corporate Parent Horizon Bancorp Inc, Corporate Parent Horizon Bankcorp Inc for Horizon Trust and Investment Management, N.A... (Fischer, Rebecca) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 4 Application for Attorney Lars C. Golumbic to Appear Pro Hac Vice on behalf of Horizon Trust and Investment Management N.A.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4183898(Golumbic PHV, Lars) (Additional attachment(s) added on 3/31/2020: #1 VA Certificate) (ace). [Transferred from Indiana Northern on 5/29/2020.] |
Filing 3 NOTICE of Appearance by Rebecca Hoyt Fischer on behalf of Horizon Trust and Investment Management, N.A. (Fischer, Rebecca) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 2 Summons Issued as to Horizon Trust and Investment Management, N.A., Janice McKinney and Roddy McKinney. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (nal) [Transferred from Indiana Northern on 5/29/2020.] |
Judge Damon R Leichty and Magistrate Judge Michael G Gotsch, Sr added. NEW CASE. (nal) [Transferred from Indiana Northern on 5/29/2020.] |
Filing 1 COMPLAINT against Horizon Trust and Investment Management, N.A., Janice McKinney, Roddy McKinney( Filing fee $ 400 receipt number 0755-4160565.), filed by Danielle Threadford, William Holmes. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Horizon Trust and Investment Management, N.A., #3 Proposed Summons Roddy McKinney, #4 Proposed Summons Janice McKinney)(Muench, Patrick) [Transferred from Indiana Northern on 5/29/2020.] |
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