Voss et al v. USAA Pension Plan et al
| Kenneth Voss, Lisa DiMatteo and Lisa DeMatteo |
| USAA Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, USAA Pension Plan Administrator and Financial Planning Services Insurance Agency Incorporated |
| 2:2020cv00457 |
| March 3, 2020 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on December 1, 2020. A more recent docket listing may be available from PACER.
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Filing 34
ORDER - Upon review of the parties' Joint Motion for Voluntary Dismissal with Prejudice (Doc. #33 ) and good cause appearing, IT IS ORDERED the above-entitled matter is hereby dismissed with prejudice, each party to pay his or its own attorneys' fees and costs. Signed by Judge Susan M Brnovich on 12/1/2020. (LAD)
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| Filing 33 Joint MOTION to Dismiss Case by Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, USAA Pension Plan Administrator. (Attachments: #1 Text of Proposed Order)(Gittler, Amy) |
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Filing 32
ORDER pursuant to the #31 Stipulated Motion to Enlarge Time to Answer or Otherwise respond, IT IS HEREBY ORDERED that Defendants may have through 10/23/2020 to answer or otherwise respond to Plaintiff's Second Amended Complaint. Signed by Judge Susan M. Brnovich on 10/02/2020. (ESG)
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| Filing 31 * STIPULATION For Extension of Time To Answer Complaint to Enlarge Time to Answer or Otherwise Respond to Second Amended Complaint by Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, USAA Pension Plan Administrator. (Attachments: #1 Text of Proposed Order)(Gittler, Amy) * Modified to correct event; attorney noticed on 10/2/2020 (LAD). |
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Filing 30
ORDER Defendant USAA Financial Planning Services Insurance Agency Incorporated filed a Motion to Dismiss Counts/Claims: II VII (Doc. #24 ) which requests relief related to Plaintiff's Amended Complaint. The Court has approved Plaintiff's request to file a Second Amended Complaint. Therefore, IT IS ORDERED deeming the Motion to Dismiss (Doc. #24 ) as moot and no action will be taken on the motion. ORDERED by Judge Susan M. Brnovich on 9/18/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 29
ORDER that Plaintiff's #28 Motion for Leave to File Nunc Pro Tunc a Second Amended Complaint. Plaintiffs are given nunc pro tunc leave to file the Second Amended Complaint which they have already filed. No further filing is necessary. Signed by Judge Susan M. Brnovich on 9/18/2020. (ESG)
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| Filing 28 MOTION to Amend/Correct #26 Amended Complaint by Kenneth Voss. (Attachments: #1 amended complaint, #2 Text of Proposed Order proposed order, #3 redlined version of amended complaint)(Carney, James) |
| Filing 27 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Kenneth Voss . (Attachments: #1 Supplement redlined version of second amended complaint)(Carney, James) |
| Filing 26 AMENDED COMPLAINT against All Defendants filed by Kenneth Voss.(Carney, James) |
| Filing 25 NOTICE TO FILER OF DEFICIENCY re: #24 MOTION to Dismiss Counts/Claims : II-VII filed by USAA Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan Administrator, USAA Pension Plan, Financial Planning Services Insurance Agency Incorporated. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Amy J. Gittler but submitted using the log-in and password belonging to attorney Rene E. Thorne. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 24 MOTION to Dismiss Counts/Claims : II-VII by Financial Planning Services Insurance Agency Incorporated, USAA Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, USAA Pension Plan Administrator. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Thorne, Rene) |
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Filing 23
ORDER The Court having reviewed the #22 Stipulated Motion, IT IS HEREBY ORDERED that Defendants may have through 6/18/2020 to answer or otherwise respond to Plaintiff's Complaint. Signed by Judge Susan M. Brnovich on 5//14/2020. (ESG)
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| Filing 22 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, USAA Pension Plan Administrator. (Attachments: #1 Text of Proposed Order)(Gittler, Amy) |
| Filing 21 *NOTICE of Appearance by Rene E Thorne on behalf of Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, USAA Pension Plan Administrator. (Thorne, Rene) *Modified to remove filer on 3/27/2020 (DXD). |
| Remark: Pro hac vice motion(s) granted for Juan Cruz Obregon on behalf of Defendants USAA Financial Planning Services Insurance Agency Incorporated and USAA Pension Plan. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Rene E Thorne on behalf of Defendants Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, and USAA Pension Plan Administrator. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 20 *SERVICE EXECUTED filed by Kenneth Voss, Lisa DeMatteo: Rule 4 Waiver of Service of Summons. Waiver sent on March 20, 2020 to attorney for defendant USAA Pension Plan Administrator. (Carney, James) *Modified to add filer on 3/24/2020 (DXD). |
| Filing 19 *SERVICE EXECUTED filed by Kenneth Voss, Lisa DeMatteo: Rule 4 Waiver of Service of Summons. Waiver sent on March 20, 2020 to attorney for defendant USAA Pension Plan. (Carney, James) *Modified to add filer on 3/24/2020 (DXD). |
| Filing 18 *SERVICE EXECUTED filed by Kenneth Voss, Lisa DeMatteo: Rule 4 Waiver of Service of Summons. Waiver sent on March 20, 2020 to attorney for defendant. (Carney, James) *Modified to add filer on 3/24/2020 (DXD). |
| Filing 17 NOTICE of Appearance by Amy Jo Gittler on behalf of Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, USAA Pension Plan Administrator. (Gittler, Amy) *Modified parties on 3/24/2020 (DXD). |
| Filing 16 AMENDED COMPLAINT against All Defendants filed by Kenneth Voss, Lisa DeMatteo. (Attachments: #1 amended complaint-redlined copy)(Carney, James) *Modified to add filer on 3/24/2020 (DXD). |
| Filing 15 NOTICE TO FILER OF DEFICIENCY re: #12 Amended Complaint filed by Kenneth Voss. As stated previously in the Notices of Deficiency at Document Numbers 9 and 11, you need to file a Document titled "Notice of Filing Amended Pleading" with a red-lined version of the Amended Complaint attached as an exhibit. The correct event to utilize for submitting this is located under: Civil, Other Filings, Notices, Notice of Filing - Amended Pleading (LRCiv 15.1(b)). You do not need to re-file the clean version of your Amended Complaint. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 14 Summons Issued as to Financial Planning Services Insurance Agency Incorporated, USAA Pension Plan, USAA Pension Plan Administrator. (BAS). **IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. *Modified party name on 3/24/2020 (DXD). |
| Filing 13 SUMMONS Submitted by Kenneth Voss. (Carney, James) |
| Filing 12 AMENDED COMPLAINT against All Defendants filed by Kenneth Voss, Lisa DiMatteo. (Attachments: #1 Errata AMENDED COMPLAINT-cLEAN COPY)(Carney, James) *Modified to add filer on 3/24/2020 (DXD). |
| Filing 11 NOTICE TO FILER OF DEFICIENCY re: #10 Amended Complaint filed by Kenneth Voss. As stated in the previous Notice of Deficiency (see document number 9 ), you must file a Notice of Filing an Amended Pleading and attach a copy of the red-lined version of the Amended Complaint. Furthermore, any Summons forms for issuance by the Clerk's Office need to be submitted as a separate filing using the following event: Civil, Amended Pleadings and Service, Service of Process, Summons Submitted. The party names on the forms should match exactly how they are listed in the caption of the Amended Complaint. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. Please file corrected Summons Forms using the Summons Submitted event instead of attaching them to your other pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 10 *AMENDED COMPLAINT (Red-Line Version) against All Defendants filed by Kenneth Voss. (Attachments: #1 Summons)(Carney, James) *Modified to notate that this is the "red-lined" version only on 3/9/2020. Attorney notified to submit 15.1 Notice and corrected summons forms using the Summons Submitted event (REK). |
| Filing 9 NOTICE TO FILER OF DEFICIENCY re: #8 Amended Complaint filed by Kenneth Voss. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading. The Summons form for Financial Planning Services, Insurance Agency Inc. does not match the party name in the First Amended Complaint. The correct party name is USAA Financial Planning Services Insurance Agency Incorporated. Furthermore as stated in the previous deficiency at Document 4 , Summons should be submitted using the Summons Submitted event. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. Please re-submit summons forms listing the parties as they are named in the Amended Complaint utilizing the proper event: Civil, Amended Pleadings and Service, Service of Process, and Summons Submitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 8 AMENDED COMPLAINT against All Defendants filed by Kenneth Voss. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Carney, James) |
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Filing 7
ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on June 1, 2020. Signed by Judge Susan M. Brnovich on 3/04/2020. (ESG)
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Filing 6
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 3/04/2020. (ESG)
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Filing 5
ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 3/04/2020. (ESG)
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| Remark: Pro hac vice motion(s) granted for James Theodore Carney on behalf of Plaintiffs Lisa DiMatteo and Kenneth Voss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Kenneth Voss, Lisa DiMatteo. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. Furthermore, the Complaint is not in compliance with LRCiv 7.1(a)(1). The name, address, email address, State Bar Attorney number, telephone number, and optionally the fax number, of the attorney appearing for the party in the action or proceeding and whether the attorney appears for the plaintiff, defendant, or other party - in propria persona - must be typewritten or printed in the space to the left of the center of the page and beginning at line one (1) on the first page. The space to the right of the center must be reserved for the filing marks of the Clerk. Additionally, the summons forms submitted at Document #2 are incomplete since the attorney information is not included in the lower section stating where the answer is to be served. Please re-submit using the following: Civil, Amended Pleadings, and Service, Service of Process, Summons Submitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 3 Filing fee paid, receipt number 0970-18023901. This case has been assigned to the Honorable Susan M. Brnovich. All future pleadings or documents should bear the correct case number: CV-20-00457-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 2 SUMMONS Submitted by Lisa DiMatteo, Kenneth Voss. (submitted by James Carney) (REK) |
| Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-18023901 filed by Kenneth Voss, Lisa DiMatteo. (submitted by James Carney) (Attachments: #1 Civil Cover Sheet)(REK) |
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