Skrtich et al v. Pinnacle West Capital Corporation et al
| Jerome M Skrtich, Joseph F Peck and Michael J Riccitelli |
| Pinnacle West Capital Corporation, Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan and Unknown Parties |
| 2:2022cv01753 |
| October 13, 2022 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Deborah M Fine |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 TRANSCRIPT REQUEST by Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation for proceedings held on 08/03/2023, Judge Susan M Brnovich hearing judge(s). (Adams, Joseph) |
Filing 30
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for 9/6/2023 at 9:00 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. The parties are directed to meet and confer at least 10 days before the Case Management Conference as required by Federal Rule of Civil Procedure 26(f). The parties shall jointly file the Case Management Report with the Clerk not less than seven days before the Case Management Conference. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 8/7/2023. (ESG)
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Filing 29
ORDER granting in part and denying in part Defendants' #19 Motion to Dismiss the First Amended Class Action Complaint. Plaintiffs' breach of fiduciary duty claim is dismissed, yet their first claim for relief remains. Signed by Judge Susan M. Brnovich on 8/7/2023. (ESG)
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| Filing 28 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Motion Hearing held on 8/3/2023. Oral arguments held as to the #19 MOTION to Dismiss for Failure to State a Claim filed by Pinnacle West Capital Corporation and Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan. The motion is taken under advisement. APPEARANCES: Douglas Needham for Plaintiffs. Joseph Adams, Robert Newman and Christian Pistilli for Defendants. (Court Reporter Christine Coaly) Hearing held 10:01 AM to 10:58 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
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Filing 27
IT IS ORDERED setting oral argument as to the #19 MOTION to Dismiss for Failure to State a Claim filed by Pinnacle West Capital Corporation, Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan. Motion Hearing set for 8/3/2023 at 10:00 AM (1 hour allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. Ordered by Judge Susan M. Brnovich. (ESG) (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry)
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| Remark: Pro hac vice motion(s) granted for Christopher Michael Barrett on behalf of Plaintiffs Joseph F Peck, Michael J Riccitelli, Jerome M Skrtich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 26
ORDER that the #24 Motion for Withdrawal is granted, and Oren Faircloth is granted leave to withdraw as counsel for Plaintiffs. The Clerk is directed to remove Oren Faircloth as counsel of record for Plaintiffs and from the Court's Electronic Notification System for this case. Signed by Judge Susan M. Brnovich on 2/28/2023. (ESG)
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| Filing 25 REPLY to Response to Motion re: #19 MOTION to Dismiss for Failure to State a Claim filed by Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation. (Adams, Joseph) |
| Filing 24 *MOTION to Withdraw as Attorney by Joseph F Peck, Michael J Riccitelli, Jerome M Skrtich. (Attachments: #1 Proposed Order)(Kilgard, Ron) *Modified to correct motion type and text on 2/27/2023 (REK). |
| Filing 23 RESPONSE in Opposition re: #19 MOTION to Dismiss for Failure to State a Claim filed by Joseph F Peck, Michael J Riccitelli, Jerome M Skrtich. (Kilgard, Ron) |
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Filing 22
ORDER granting the #18 Stipulated Motion to establish the following deadlines: Motion to Dismiss: December 23, 2022; Opposition to Motion to Dismiss: February 3, 2023; Reply in Support of Motion to Dismiss: February 24, 2023. Signed by Judge Susan M. Brnovich on 12/27/2022. (ESG)
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| Remark: Pro hac vice motion(s) granted for Christian J Pistilli on behalf of Defendants Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 21 Corporate Disclosure Statement by Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan identifying Corporate Parent Pinnacle West Capital Corporation for Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan. (Adams, Joseph) |
| Filing 20 Corporate Disclosure Statement by Pinnacle West Capital Corporation. (Adams, Joseph) |
| Filing 19 *MOTION to Dismiss for Failure to State a Claim by Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation. (Adams, Joseph) *Modified to correct event on 12/28/2022 (DXD). |
| Filing 18 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT and Set Briefing Schedule by Joseph F Peck, Michael J Riccitelli, Jerome M Skrtich. (Attachments: #1 Proposed Order)(Kilgard, Ron) |
| Remark: Pro hac vice motion(s) granted for Robert S Newman, Nicholas Pastan on behalf of Defendants Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 17 AMENDED COMPLAINT against Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation filed by Jerome M Skrtich, Joseph F Peck, Michael J Riccitelli.(Kilgard, Ron) |
| Filing 16 NOTICE re: Service of Order by Joseph F Peck, Jerome M Skrtich . (Kilgard, Ron) |
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Filing 15
ORDER granting the Stipulated #14 Motion to Extend Time to Respond to Complaint. Motion to dismiss: 12/9/2022; Opposition to Motion to dismiss: 1/20/2023; Reply in support of motion to dismiss: 2/10/2023. Signed by Judge Susan M. Brnovich on 11/3/2022. (ESG)
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| Filing 14 MOTION for Extension of Time to Extend Time to Respond to Complaint and Set Briefing Schedule by Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation. (Attachments: #1 Proposed Order)(Adams, Joseph) |
| Filing 13 NOTICE of Appearance by Joseph G Adams on behalf of Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation. (Adams, Joseph) |
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Filing 12
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 January 11, 2023. Signed by Judge Susan M. Brnovich on 10/31/2022. (ESG)
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Filing 11
ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 10/31/2022. (ESG)
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| Filing 10 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Susan M Brnovich. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1753-PHX-SMB. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 9 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 7 SERVICE EXECUTED filed by Joseph F Peck, Jerome M Skrtich: Certificate of Service re: Complaint upon Pinnacle West Capital Corp., Benefit Administration Committee of Pinnacle West Capital Corporation Retirement Plan on 10/21/2022. (Attachments: #1 Attachment Certificate of Service)(Kilgard, Ron) |
| Remark: Pro hac vice motion(s) granted for Douglas P Needham, Oren Faircloth, Robert A Izard, Jr on behalf of Plaintiffs Joseph F Peck, Jerome M Skrtich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 6 Summons Reissued as to Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 SUMMONS Submitted by Joseph F Peck, Jerome M Skrtich. (Attachments: #1 Summons)(Kilgard, Ron) |
| Filing 4 Summons Issued as to Benefit Administration Committee of the Pinnacle West Capital Corporation Retirement Plan, Pinnacle West Capital Corporation. (Attachments: #1 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number AAZDC-21201509. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-22-1753-PHX-DMF. Magistrate Election form attached. (JAM) |
| Filing 2 SUMMONS Submitted by Joseph F Peck, Jerome M Skrtich. (Kilgard, Ron) (Attachments: #1 Summons)(JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21201509 filed by Jerome M Skrtich, Joseph F Peck. (Kilgard, Ron) (Attachments: #1 Civil Cover Sheet)(JAM) |
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