Berthold v. Arkansas Local Police & Fire Retirement System
| William Derek Berthold |
| Arkansas Local Police and Fire Retirement System |
| 4:2022cv00098 |
| February 7, 2022 |
| US District Court for the Eastern District of Arkansas |
| James M Moody |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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Filing 46
ORDER granting #43 Plaintiff's motion for voluntary dismissal; and dismissing the case, because the Court has no subject matter jurisdiction or venue over the claim. The case should remain open at this time for the Court to consider a pending motion for sanctions. Signed by Judge James M. Moody Jr. on 03/22/2022. (llg)
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| Filing 45 BRIEF IN SUPPORT re #44 Motion for Sanctions filed by Arkansas Local Police and Fire Retirement System. (Ramsay, Richard) |
| Filing 44 MOTION for Sanctions by Arkansas Local Police and Fire Retirement System (Ramsay, Richard) |
| Filing 43 MOTION to Dismiss by William Derek Berthold (Lacy, Brandon) |
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Filing 42
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #38 Motion for Reconsideration of Motion for Sanctions. The Court directs the Defendant to refile its motion for sanctions in this Court. In light of the parties agreement to stay litigation for 60 days from the date of the transfer, the Plaintiff's response to the refiled motion for sanctions is due April 25, 2022. Signed by Judge James M. Moody Jr. on 3/1/2022. (amr)
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Filing 41
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #40 Motion to Withdraw as Attorney. Attorney Steven R. Pitzner terminated. Signed by Judge James M. Moody Jr. on 3/1/2022. (amr)
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| Filing 40 MOTION to Withdraw as Attorney by William Derek Berthold (Lacy, Brandon) |
| Filing 39 BRIEF IN SUPPORT re #38 Motion for Reconsideration filed by Arkansas Local Police and Fire Retirement System. (Ramsay, Richard) |
| Filing 38 MOTION for Reconsideration re #20 Brief in Support, #23 Order on Motion for Sanctions,,, by Arkansas Local Police and Fire Retirement System (Attachments: #1 Exhibit Exhibits 1-4)(Ramsay, Richard) |
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Filing 37
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #36 Motion to Withdraw as Attorney. Attorney Steven L. Russell terminated. Signed by Judge James M. Moody Jr. on 2/22/2022. (amr)
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| Filing 36 Unopposed MOTION to Withdraw as Attorney of Steven Russell and Russell & Wright, PLLC by Arkansas Local Police and Fire Retirement System (Ramsay, Richard) |
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Filing 35
ORDER granting #34 Plaintiff's motion for leave to file an amended complaint; allowing Plaintiff to file his amended complaint within 30 days of the entry of this order; denying as moot, without prejudice to refile, #6 and #28 Defendant's motions to dismiss; vacating all deadlines set in the Northern District of Texas; and vacating the Mediation Order entered in the Northern District of Texas. Signed by Judge James M. Moody Jr. on 02/16/2022. (llg)
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| Filing 34 MOTION for Leave to File Amended Complaint by William Derek Berthold (Lacy, Brandon) |
| Filing 33 NOTICE of Appearance by Brandon W. Lacy on behalf of William Derek Berthold (Lacy, Brandon) |
| Filing 32 ERISA SCHEDULING ORDER: Stipulated record to be filed within 60 days of this Order. Plaintiff's brief due 14 days thereafter. Defendant's brief due 14 days thereafter. Plaintiff's reply brief, if any, due seven (7) days thereafter. Signed at the Direction of the Court on 2/8/2022. (kog) |
| Filing 31 Case electronically transferred in from the U.S. District Court, Northern District of Texas; Case Number 3:21-cv-02462. Electronic file copy of transfer order, case file, and docket sheet received. |
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Filing 30
ORDER granting #27 Joint Motion to Transfer, and this case is transferred to the United States District Court for the Eastern District of Arkansas, Central Division. (Ordered by Judge Karen Gren Scholer on 2/3/2022) (jmg) [Transferred from txnd on 2/7/2022.]
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| Filing 29 Brief/Memorandum in Support filed by Arkansas Local Police & Fire Retirement System re #28 Motion to Dismiss for Failure to State a Claim (Ramsay, Richard) [Transferred from txnd on 2/7/2022.] |
| Filing 28 Motion to Dismiss for Failure to State a Claim filed by Arkansas Local Police & Fire Retirement System (Ramsay, Richard) [Transferred from txnd on 2/7/2022.] |
| Filing 27 Joint MOTION to Transfer Case out of District/Division filed by Arkansas Local Police & Fire Retirement System with Brief/Memorandum in Support. (Ramsay, Richard) [Transferred from txnd on 2/7/2022.] |
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Filing 26
MEDIATION ORDER. The court appoints Jeff Kaplan as mediator. The parties are to complete mediation 90 days before trial. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Karen Gren Scholer on 1/28/2022) (mjr) [Transferred from txnd on 2/7/2022.]
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Filing 25
SCHEDULING ORDER: Non-Jury Trial set for three-week docket beginning 2/6/2023 before Judge Karen Gren Scholer. Joinder of Parties due by 6/11/2022. Amended Pleadings due by 6/11/2022. Motions due by 10/9/2022. Discovery due by 9/9/2022. Pretrial Conference set for 1/26/2023 01:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 1/28/2022) (mjr) [Transferred from txnd on 2/7/2022.]
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| Filing 24 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Telephonic Scheduling Conference held on 1/28/2022. Attorney Appearances: Plaintiff - Steven Pitzner; Defense - Richard Ramsay. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :11. (TUB) [Transferred from txnd on 2/7/2022.] |
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Filing 23
ORDER: This Order addresses Defendant Arkansas Local Police & Fire Retirement System's Motion for Sanctions ("Motion") [ECF No. #19 ]. Having reviewed and considered the Motion, Defendant's Brief in Support of Motion for Sanctions [ECF No. #20 ], and Plaintiff William Derek Berthold's Response to LOPFI Motion for Sanctions [ECF No. #22 ], the Court DENIES the Motion. (Ordered by Judge Karen Gren Scholer on 1/26/2022) (ctf) [Transferred from txnd on 2/7/2022.]
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| Filing 22 RESPONSE filed by William Derek Berthold re: #21 Amended MOTION for Sanctions (to include proposed order), #19 MOTION for Sanctions (Pitzner, Steven) [Transferred from txnd on 2/7/2022.] |
| Filing 21 Amended MOTION for Sanctions (to include proposed order) filed by Arkansas Local Police & Fire Retirement System (Attachments: #1 Proposed Order) (Ramsay, Richard) [Transferred from txnd on 2/7/2022.] |
| Filing 20 Brief/Memorandum in Support filed by Arkansas Local Police & Fire Retirement System re #19 MOTION for Sanctions (Ramsay, Richard) [Transferred from txnd on 2/7/2022.] |
| Filing 19 MOTION for Sanctions filed by Arkansas Local Police & Fire Retirement System with Brief/Memorandum in Support. (Ramsay, Richard) [Transferred from txnd on 2/7/2022.] |
| Filing 18 Joint Report Pursuant to Rule 26(f) by Arkansas Local Police & Fire Retirement System. (Ramsay, Richard) Modified text on 1/25/2022 (mjr). [Transferred from txnd on 2/7/2022.] |
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Filing 17
ELECTRONIC ORDER: The January 28, 2022 Initial Hearing will now occur telephonically. Dial-in information will be circulated to counsel in advance of the hearing. (Ordered by Judge Karen Gren Scholer on 1/21/2022) (chmb) [Transferred from txnd on 2/7/2022.]
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| Filing 16 Supplement re: #1 Complaint with Jury Demand filed by William Derek Berthold. (Attachments: #1 Exhibit(s)) (Pitzner, Steven) Modified linkage and text on 1/19/2022 (mjr). [Transferred from txnd on 2/7/2022.] |
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Filing 15
ORDER SETTING INITIAL HEARING: FRCP 16 Scheduling Conference set for 1/28/2022 03:00 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 1/4/2022) (oyh) [Transferred from txnd on 2/7/2022.]
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| Filing 14 RESPONSE filed by William Derek Berthold re: #6 MOTION to Dismiss (Pitzner, Steven) [Transferred from txnd on 2/7/2022.] |
| Filing 13 REPLY filed by Arkansas Local Police & Fire Retirement System re: #6 MOTION to Dismiss (Russell, Steven) [Transferred from txnd on 2/7/2022.] |
| Filing 12 RESPONSE filed by William Derek Berthold re: #6 MOTION to Dismiss (Attachments: #1 Proposed Order) (Pitzner, Steven) [Transferred from txnd on 2/7/2022.] |
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Filing 11
ELECTRONIC ORDER granting #5 Application for Admission Pro Hac Vice of Richard L. Ramsay. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Karen Gren Scholer on 11/18/2021) (chmb) [Transferred from txnd on 2/7/2022.]
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Filing 10
ELECTRONIC ORDER: The December 6, 2021 Initial Hearing is CANCELLED and will be reset by separate order. (Ordered by Judge Karen Gren Scholer on 11/15/2021) (chmb) [Transferred from txnd on 2/7/2022.]
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| Filing 9 First MOTION to Continue filed by William Derek Berthold (Pitzner, Steven) [Transferred from txnd on 2/7/2022.] |
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Filing 8
ORDER SETTING INITIAL HEARING: FRCP 16 Scheduling Conference set for 12/6/2021 12:30 PM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 11/10/2021) (ygl) [Transferred from txnd on 2/7/2022.]
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| Filing 7 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Arkansas Local Police & Fire Retirement System. (Russell, Steven) [Transferred from txnd on 2/7/2022.] |
| Filing 6 MOTION to Dismiss filed by Arkansas Local Police & Fire Retirement System with Brief/Memorandum in Support. (Attachments: #1 Brief in Support of Motion to Dismiss) (Russell, Steven) [Transferred from txnd on 2/7/2022.] |
| Filing 5 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Richard L. Ramsay (Filing fee $100; Receipt number 0539-12373185) filed by Arkansas Local Police & Fire Retirement System (Attachments: #1 Proposed Order)Attorney Steven L Russell added to party Arkansas Local Police & Fire Retirement System(pty:dft) (Russell, Steven) [Transferred from txnd on 2/7/2022.] |
| Filing 4 NOTICE of Docket Text/Document Modification. Document 4 filed on 10/18/2021 was removed from the Court's docket and will be retained by the Clerk's Office in the appropriate file. (Pitzner, Steven) Modified on 10/20/2021 (cea). [Transferred from txnd on 2/7/2022.] |
| Filing 3 Summons Issued as to Arkansas Local Police & Fire Retirement System. (ykp) [Transferred from txnd on 2/7/2022.] |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ykp) [Transferred from txnd on 2/7/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Arkansas Local Police & Fire Retirement System filed by Willaim Derek Berthold. (Filing fee $402; Receipt number 0539-12284066) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Pitzner, Steven) [Transferred from txnd on 2/7/2022.] |
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