The Southern Company Employee Savings Plan v. Costa et al
Plaintiff: The Southern Company Employee Savings Plan
Defendant: Brandi Costa Nolen
Counter Claimant: Mary Robin Costa
Cross Defendant: Southern Company Employee Savings Plan Committee Southern Company Services, Inc.
Case Number: 1:2024cv00040
Filed: February 8, 2024
Court: US District Court for the Southern District of Alabama
Presiding Judge: William E Cassady
Referring Judge: Kristi K DuBose
2 Judge: Katherine P Nelson
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2024 Filing 21 Summons Issued as to Southern Company Employee Savings Plan Committee Southern Company Services, Inc., The Southern Company Employee Savings Plan. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (meh)
April 1, 2024 Filing 20 NOTICE of Filing Proposed Summons by Brandi Costa Nolen (Martin, David)
March 29, 2024 Filing 19 ANSWER to Complaint , COUNTERCLAIM against The Southern Company Employee Savings Plan, THIRD PARTY COMPLAINT against Southern Company Employee Savings Plan Committee Southern Company Services, Inc. by Brandi Costa Nolen. (Martin, David)
March 26, 2024 Opinion or Order Filing 18 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 5/10/2024. Signed by Magistrate Judge Katherine P. Nelson on 3/26/2024. (Attachments: #1 Consent Form) (meh)
March 26, 2024 Opinion or Order Filing 17 ENDORSED ORDER granting #14 MOTION and APPLICATION for Jadyn D. Taylor to Appear Pro Hac Vice for The Southern Company Employee Savings Plan. Signed by Magistrate Judge Katherine P. Nelson on 3/26/2024. (ctn)
March 26, 2024 Opinion or Order Filing 16 ENDORSED ORDER granting #13 MOTION and APPLICATION for Tashwanda Pinchback Dixon to Appear Pro Hac Vice for The Southern Company Employee Savings Plan. Signed by Magistrate Judge Katherine P. Nelson on 3/26/2024. (ctn)
March 26, 2024 Filing 15 ANSWER to #9 Answer to Complaint, Counterclaim by The Southern Company Employee Savings Plan. (Kimble, Cavender)
March 26, 2024 Filing 14 MOTION and APPLICATION for Jadyn D. Taylor to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3367698, Online Credit Card Payment) filed by All Plaintiffs. (Attachments: #1 Exhibit Certificate of Good Standing) (Taylor, Jadyn)
March 26, 2024 Filing 13 MOTION and APPLICATION for Tashwanda Pinchback Dixon to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-3367683, Online Credit Card Payment) filed by All Plaintiffs. (Attachments: #1 Exhibit Certificate of Good Standing) (Dixon, Tashwanda)
March 26, 2024 MOTIONS REFERRED: #13 MOTION and APPLICATION for Tashwanda Pinchback Dixon to Appear Pro Hac Vice and #14 MOTION and APPLICATION for Jadyn D. Taylor to Appear Pro Hac Vice. Referred to Judge Katherine P. Nelson. (meh)
March 19, 2024 Opinion or Order Filing 12 ENDORSED ORDER granting #11 Brandi Costa Nolen's Unopposed Motion for Extension of Time to Answer; re #1 Complaint in Interpleader. Answer due from Brandi Costa Nolen on 3/29/2024. Signed by District Judge Kristi K. DuBose on 3/19/2024. (khc)
March 15, 2024 Filing 11 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint in Interpleader,, filed by Brandi Costa Nolen. (Martin, David)
March 15, 2024 MOTIONS REFERRED: #11 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint in Interpleader. Referred to Judge DuBose. (meh)
March 14, 2024 Filing 10 Answer due from The Southern Company Employee Savings Plan pursuant to FRCP 12(a)(1)(b). (meh)
March 8, 2024 Filing 9 ANSWER to Complaint , COUNTERCLAIM against The Southern Company Employee Savings Plan by Mary Robin Costa. (Lassiter, John)
March 8, 2024 Filing 8 NOTICE of Appearance by John M. Lassiter, Jr on behalf of Mary Robin Costa (Lassiter, John)
February 27, 2024 Filing 7 Document endorsed NOTED by District Judge Kristi K. DuBose: Corporate Disclosure Statement #5 filed by The Southern Company Employee Savings Plan. Review of the corporate disclosure statement has been completed. The review did not reveal any reason to believe that there are potential conflicts of interest, which would require disqualification or recusal in this action. (khc)
February 27, 2024 Opinion or Order Filing 6 TEXT-ONLY ORDER on #5 Disclosure Statement filed by The Southern Company Employee Savings Plan. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 2/27/2024. (ctn)
February 26, 2024 Filing 5 Corporate Disclosure Statement filed by Plaintiff The Southern Company Employee Savings Plan. (Kimble, Cavender)
February 26, 2024 Opinion or Order Filing 4 TEXT-ONLY ORDER: The Southern Company Employee Savings Plan is ORDERED to file a Disclosure Statement, using this Court's current form, certifying disclosures required by S.D. Ala. CivLR 7.1 (required of "[a]ll non-governmental artificial entities appearing as parties"), and if applicable Fed. R. Civ. P. 7.1, no later than 3/4/2024 (form available at: https://www.alsd.uscourts.gov/sites/alsd/files/forms/CivilDisclosureStatement.pdf). Signed by Magistrate Judge Katherine P. Nelson on 2/26/2024. (ctn)
February 23, 2024 Case reassigned to Magistrate Judge Katherine P. Nelson. Magistrate Judge Bert W. Milling, Jr no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-N after the case number on all future pleadings. (cmj)
February 9, 2024 Case Reassigned to District Judge Kristi K. DuBose and Magistrate Judge Bert Milling. Magistrate Judge William E. Cassady no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-M after the case number on all future pleadings.
February 8, 2024 Filing 3 Summons Issued as to Mary Robin Costa, Brandi Costa Nolen. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (eec)
February 8, 2024 Filing 2 Notice of Assignment to Magistrate Judge William E. Cassady for trial. (eec)
February 8, 2024 Filing 1 COMPLAINT for Interpleader against Mary Robin Costa, Brandi Costa Nolen ( Filing fee $405 receipt number AALSDC-3344607, Online Credit Card Payment), filed by The Southern Company Employee Savings Plan. 90 day Rule 4m deadline set for 5/8/2024. (Attachments: #1 Exhibit A - ESP Beneficiary Designation, #2 Exhibit B - Summary Plan Description (Eff 2010), #3 Exhibit C - C - Summary Plan Description (Eff 2018 - Updated 2024), #4 Civil Cover Sheet, #5 Summons to Mary Robin Costa, #6 Summons to Brandi Costa Nolen) (Kimble, Cavender) (Attachment 1 replaced on 3/27/2024) (cjr).

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Plaintiff: The Southern Company Employee Savings Plan
Represented By: Cavender C. Kimble
Represented By: Jadyn Dominque Taylor
Represented By: Tashwanda Pinchback Dixon
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Counter claimant: Mary Robin Costa
Represented By: John M. Lassiter, Jr.
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Defendant: Brandi Costa Nolen
Represented By: David P. Martin
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Cross defendant: Southern Company Employee Savings Plan Committee Southern Company Services, Inc.
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