Julio C. Alas v. AT and T, Inc. et al
| Alas Julio, Julio C. Alas, Robert J Bugielski and Chad S Simecek |
| AT&T, Inc., AT&T Services, Inc., AT and T Inc., AT and T Services, Inc., John Does 1-50, Benefit Plan Investment Committee, John J. Stephens, Jonathan P. Klug, George B. Goeke, Paul W. Stephens, Debra L. Dial, Sean P. Foley, William H. Hammond and Marty Webb |
| 2:2017cv08106 |
| November 6, 2017 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Virginia A Phillips |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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| Filing 218 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56196 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #217 as to Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (shb) |
| Filing 217 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Julio C. Alas, Robert J. Bugielski and Chad S. Simecek Julio C. Alas, Robert J Bugielski, Chad S Simecek. Appeal of Order, #211 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-32226583.) (Collins, Todd) |
| Filing 216 Mail Returned addressed to Garrett W Wotkyns re Judgment #212 . (lom) |
Filing 215
REDACTED Order GRANTING Defendants' Motion for Summary Judgment (Dkt. 164 and DENYING Plaintiffs' Motion for Partial Summary Judgment (Dkt. 176) by Judge Virginia A. Phillips, re Order, #211 . (SEE ATTACHED DOCUMENT FOR DETAILS) (mrgo)
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| Filing 214 Mail Returned addressed to Garrett Wotkyns re Minutes of In Chambers Order/Directive #203 . (iv) |
| Filing 213 Mail Returned addressed to Garrett Wotkyns re Order, #205 . (iv) |
| Filing 212 JUDGMENT by Judge Virginia A. Phillips. Pursuant to the Order awarding Summary Judgment in favor of Defendants AT&T Services, Inc., et al., IT IS ORDERED AND ADJUDGED that the action, Julio C. Alas, et al. v. AT&T, Inc., et al., 2:17-cv-8106- VAPRAOx, is DISMISSED WITH PREJUDICE. The Court orders that such judgment be entered. IT IS SO ORDERED.(MD JS-6, Case Terminated). (yl) |
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Filing 211
ORDER GRANTING Defendants' Motion for Summary Judgment (Dkt. 164) (Dkt. #176 ) by Judge Virginia A. Phillips. For the foregoing reasons, the Court GRANTS Defendants' Motion for Summary Judgment and DENIES Plaintiff's Motion for Partial Summary Judgment. The Court enters judgment in favor of Defendants and against Plaintiffs on all claims. IT IS SO ORDERED. (yl)
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| Filing 210 MINUTE ORDER of Defendants' Motion for Summary Judgment #165 #172 and Plaintiffs' Motion for Partial Summary Judgment #167 hearing held before Judge Virginia A. Phillips: The Court issues its tentative ruling prior to the hearing. Case called, and counsel make their appearance. The Court hears oral argument and takes the matter under submission. The Court will issue an Order. Court Reporter: Chia Mei Jui. (yl) Modified on 9/22/2021 (yl). |
| Filing 209 SCHEDULING NOTICE: The hearing scheduled for Monday, September 20, 2021 will be held in person in Courtroom 8A of the First Street Courthouse, 350 W. 1st Street, Los Angeles, CA 90010. Zoom will not be operating during the hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
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Filing 208
SCHEDULING NOTICE AND ORDER by Judge Virginia A. Phillips. COUNSEL AND PARTIES ARE NOTIFIED, on the Court's own motion, the hearing on the parties' Cross-Motions for Summary Judgment (Dkt. #165 & #167 ) set for September 13, 2021 is hereby continued to September 20, 2021 at 2:00 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch)TEXT ONLY ENTRY
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| Filing 207 RESPONSE filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committeeto Reply (Motion related),,, #195 Defendants' Response to Plaintiffs' New Summary Judgment Evidence (Attachments: #1 Exhibit A - Response to Plaintiffs' Supplemental Statement of Uncontroverted Facts)(Ross, Nancy) |
| Filing 206 SEALED DOCUMENT PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT re APPLICATION to file document Memorandum and supporting Exhibits under seal #184 , Order on Motion for Leave to File Document Under Seal, #189 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek.(Nestico, John) |
| Filing 204 RESPONSE filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecekto Minutes of In Chambers Order/Directive - no proceeding held, #203 To Minute Order Regarding Filing Of Plaintiffs Response To Defendants Statement Of Undisputed Facts (Nestico, John) |
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Filing 203
MINUTE ORDER RE FAILURE TO FILE STATEMENT OF UNDISPUTED FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Judge Virginia A. Phillips. The Court ORDERS Plaintiff to file the SUF in Opposition toDefendant's Motion no later than 4:00 PM on August 27, 2021. IT IS SO ORDERED. (See document for further details) (yl)
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Filing 205
ORDER GRANTING STIPULATION REGARDING DEFENDANTS' RESPONSE TO PLAINTIFFS' SUPPLEMENTAL SUMMARY JUDGMENT REPLY MATERIALS #200 by Judge Virginia A. Phillips. For good cause shown, the Stipulation is GRANTED: Defendants shall file a response to Plaintiffs' Supplemental Reply Materials (ECF No. 195-1, Dkt. 195-2, and accompanying exhibits) by August 30, 2021. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 202 Response filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee To Plaintiff's Notice of Supplemental Authorities re: Notice (Other) #199 (Ross, Nancy) |
| Filing 200 STIPULATION for Leave to Respond to Plaintiffs' Supplemental Summary Judgment Reply Materials filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Proposed Order)(Nowak, Richard) |
| Filing 199 NOTICE of Supplemental Authority filed by Plaintiffs Robert J Bugielski, Chad S Simecek. (Attachments: #1 Exhibit A)(Nestico, John) |
| Filing 201 Mail Returned addressed to Garrett W Wotkyns re Order on Motion for Leave to File Document Under Seal, Order on Motion for Order, #179 (yl) |
| Filing 198 SEALED DOCUMENT (Defendants' Response to Plaintiffs' Statement of Undisputed Facts in Opposition to Defendants' Motion for Summary Judgment) re Reply (Motion related) #193 , Order on Motion for Leave to File Document Under Seal,, #197 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee.(Ross, Nancy) |
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Filing 197
ORDER GRANTING DEFENDANT'S APPLICATION FOR LEAVE TO FILE UNDER SEAL PURSUANT TO THE COURTS JUNE 15, JULY 6, AND JULY 13, 2021 SEALING ORDERS by Judge Virginia A. Phillips: It is hereby ORDERED that Defendants' Application for Leave to File Under Seal Pursuant to the Courts June 15, July 6, and July 13, 2021 Sealing Orders is GRANTED. Compelling reasons exist to justify sealing portions of the following document: (See document for further) #191 (yl) Modified on 8/11/2021 (yl).
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Filing 196
ORDER REGARDING APPLICATION FOR LEAVE TO FILE UNDER SEAL by Judge Virginia A. Phillips: The the Application is approved and Plaintiffs' shall file their Reply to Defendants Opposition to Plaintiffs Motion for Partial Summary Judgment and all supporting documentation designated as confidential under seal and ensure that the caption of the underseal documents clearly indicate the authority for filing the document under seal by including, immediately under the title of the document: "FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED _____"; and that the under-seal document be linked, during the filing process, to this Order. IT IS SO ORDERED. (yl)
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| Filing 195 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability Breach of Fiduciary Duty and Prohibited Transactions #167 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Plaintiffs' Supplemental Statement of Uncontroverted Facts, #2 Declaration of John J. Nestico, #3 Exhibit 84, #4 Exhibit 85, #5 Exhibit 86, #6 Exhibit 87, #7 Exhibit 88, #8 Exhibit 89, #9 Exhibit 90, #10 Exhibit 91, #11 Exhibit 92, #12 Exhibit 93, #13 Exhibit 94, #14 Exhibit 95, #15 Exhibit 96, #16 Exhibit 97, #17 Exhibit 98, #18 Exhibit 99, #19 Exhibit 100, #20 Exhibit 101, #21 Exhibit 102, #22 Exhibit 103, #23 Exhibit 104, #24 Exhibit 105, #25 Exhibit 106, #26 Exhibit 107, #27 Exhibit 108, #28 Exhibit 109, #29 Exhibit 110)(Nestico, John) |
| Filing 194 APPLICATION to file document PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF JOHN J. NESTICO, AND EXHIBITS 108-110 under seal filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Declaration of John J. Nestico, #2 Proposed Order)(Nestico, John) |
| Filing 193 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to on all claims in the Third Amended Complaint #165 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Ross, Nancy) |
| Filing 192 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Defendants' Response to Plaintiffs' Statement of Undisputed Facts in Opposition to Defendants' Motion for Summary Judgment) under seal #191 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Unredacted Document (Response to Statement of Undisputed Facts in Opposition to Motion for Summary Judgment))(Ross, Nancy) |
| Filing 191 APPLICATION to file document Defendants' Response to Plaintiffs' Statement of Undisputed Facts in Opposition to Defendants' Motion for Summary Judgment) under seal filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Proposed Order, #2 Redacted Document (Response to Statement of Undisputed Facts in Opposition to Motion for Summary Judgment))(Ross, Nancy) |
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Filing 190
SCHEDULING NOTICE AND ORDER by Judge Virginia A. Phillips. COUNSEL AND PARTIES ARE NOTIFIED, on the Court's own motion, the hearing on Defendants AT and T Services, Inc., Benefit Plan Investment Committee's Motion for Summary Judgment as to all claims in the Third Amended Complaint #165 set for August 23, 2021 is hereby continued to September 13, 2021 at 2:00 p.m. The briefing schedule remains the same. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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Filing 189
ORDER REGARDING APPLICATION FOR LEAVE TO FILE UNDER SEAL by Judge Virginia A. Phillips #184 . The Application is approved and Plaintiffs shall file their Memorandum of Points and Authorities in Opposition to Defendants Motion for Summary Judgment and all supporting documentation designated as confidential under seal and ensure that the caption of the under seal documents clearly indicate the authority for filing the document under seal (See document for further details) (yl)
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| Filing 188 CERTIFICATE OF SERVICE filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, re Sealed Document, #187 served on 07/14/2021. (Ross, Nancy) |
| Filing 187 SEALED DOCUMENT Defendants' Statement of Genuine Issues In Opposition re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability Breach of Fiduciary Duty and Prohibited Transactions #167 , MEMORANDUM in Opposition to Motion, #182 , Order on Motion for Leave to File Document Under Seal, #186 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee.(Ross, Nancy) |
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Filing 186
ORDER GRANTING DEFENDANTS' APPLICATION FOR LEAVE TO FILE UNDER SEAL PURSUANT TO THE COURTS JUNE 15 AND JULY 6,2021 SEALING ORDERS by Judge Virginia A. Phillips: It is hereby ORDERED that Defendants' Application for Leave to File Under Seal Pursuant to the Courts June 15 and July 6, 2021 Sealing Orders is GRANTED. #180 (See document for further details) (yl)
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| Filing 185 Opposition Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to on all claims in the Third Amended Complaint #165 filed by Plaintiff Robert J Bugielski. (Attachments: #1 Declaration Declaration ISO Opposition to Defendants MSJ, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit)(Nestico, John) |
| Filing 184 APPLICATION to file document Memorandum and supporting Exhibits under seal filed by Plaintiff Robert J Bugielski. (Attachments: #1 Signed Application Application to file under seal, #2 Proposed Order Proposesd Order to Seal Filed Documents)(Nestico, John) |
| Filing 183 CERTIFICATE OF SERVICE filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, re Sealed Declaration in SupportDeclaration, #181 served on 07/12/2021. (Ross, Nancy) |
| Filing 182 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability Breach of Fiduciary Duty and Prohibited Transactions #167 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Redacted Statement of Genuine Issues)(Ross, Nancy) |
| Filing 181 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Statement of Genuine Issues under seal #180 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Unredacted Document)(Ross, Nancy) |
| Filing 180 APPLICATION to file document Statement of Genuine Issues under seal filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Proposed Order, #2 Redacted Document)(Ross, Nancy) |
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Filing 179
MINUTES (IN CHAMBERS) ORDER GRANTING APPLICATIONS FOR LEAVE TO FILE UNDER SEAL #169 , #174 , #175 by Judge Virginia A. Phillips. The Court thus GRANTS Plaintiffs' Applications to File Documents Under Seal. (iv)
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| Filing 178 TEXT ONLY NOTICE RE: Applications to File Documents Under Seal #174 #175 . Pursuant to Local Rule 5-4.4.2, counsel shall email the Application in PDF format, and the proposed order in Microsoft Word to the Judge's generic chambers email, no later than 4:00 p.m. of 06/24/21. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
| Filing 177 Notice of Appearance or Withdrawal of Counsel: for attorney Todd M Schneider counsel for Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. Kyle G. Bates is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Plaintiffs. (Schneider, Todd) |
| Filing 176 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #175 filed by Plaintiff Robert J Bugielski. (Attachments: #1 Unredacted Document Notice of Motion and Motion for Partial Summary Judgment, #2 Redacted Document Redacted Motion for Summary Judgment, #3 Unredacted Document Unredacted Statement of Uncontroverted Facts, #4 Redacted Document Redacted Statement of Uncontroverted Facts, #5 Unredacted Document Unredacted Document Ex. 12, #6 Redacted Document Redacted Document Exhibit 12, #7 Unredacted Document Unredacted Document Ex. 15, #8 Unredacted Document Unredacted Document Ex. 17, #9 Unredacted Document Unredacted Document Ex. 29, #10 Unredacted Document Unredacted Document Ex. 35, #11 Redacted Document Redacted Document Ex. 35, #12 Unredacted Document Unredacted Document Ex. 39, #13 Redacted Document Redacted Document Ex. 39, #14 Unredacted Document Unredacted Document Ex. 48, #15 Unredacted Document Unredacted Document Ex. 49, #16 Unredacted Document Unredacted Document Ex. 51, #17 Unredacted Document Unredacted Document Ex. 55, #18 Redacted Document Redacted Document Ex. 55, #19 Unredacted Document Unredacted Document Ex. 32, #20 Redacted Document Redacted Document Ex. 32)(Nestico, John) |
| Filing 175 APPLICATION to file document under seal filed by Plaintiff Robert J Bugielski. (Attachments: #1 Proposed Order Proposed Order to File Under Seal, #2 Memorandum Memorandum of Law in support of Motion for Partial Summary Judgment, #3 Exhibit Redacted Statement of Uncontroverted Facts, #4 Exhibit Redacted Document Ex. 12, #5 Exhibit Redacted Document Ex. 35, #6 Exhibit Redacted Document Ex. 39, #7 Exhibit Redacted Document Exhibit 55)(Nestico, John) |
| Filing 174 APPLICATION for Order for Order to Seal Filed Documents filed by Plaintiffs Robert J Bugielski. (Attachments: #1 Proposed Order Proposesd Order to Seal Filed Documents, #2 Declaration Declaration ISO Order to Seal Filed Documents) (Nestico, John) |
| Filing 173 CERTIFICATE OF SERVICE filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, re SEALED NOTICE OF MOTION AND MOTION For Summary Judgment re Order on Motion for Leave to File Document Under Seal, #171 #172 served on 06/21/2021. (Ross, Nancy) |
| Filing 172 SEALED NOTICE OF MOTION AND MOTION For Summary Judgment re Order on Motion for Leave to File Document Under Seal, #171 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Unredacted Notice of Motion and Motion for Summary Judgment, #2 Unredacted Statement of Undisputed Facts in Support of Their Motion for Summary Judgment, #3 Unredacted Declaration of John Phipps in Support of Defendants Motion for Summary Judgment, #4 Unredacted Exhibit 3, #5 Unredacted Exhibit 4, #6 Unredacted Exhibit 16, #7 Unredacted Exhibit 17, #8 Unredacted Exhibit 18, #9 Unredacted Exhibit 19, #10 Unredacted Exhibit 20, #11 Unredacted Exhibit 21, #12 Unredacted Exhibit 22, #13 Unredacted Exhibit 23, #14 Unredacted Exhibit 24, #15 Unredacted Exhibit 35, #16 Unredacted Exhibit 36, #17 Unredacted Exhibit 37, #18 Unredacted Exhibit 38, #19 Unredacted Exhibit 39, #20 Unredacted Exhibit 40, #21 Unredacted Exhibit 43, #22 Unredacted Exhibit 44, #23 Unredacted Exhibit 46, #24 Unredacted Exhibit 47, #25 Unredacted Exhibit 50, #26 Unredacted Exhibit 51, #27 Unredacted Exhibit 52, #28 Unredacted Exhibit 53, #29 Unredacted Exhibit 54, #30 Unredacted Exhibit 55, #31 Unredacted Exhibit 56, #32 Unredacted Exhibit 57)(Ross, Nancy) |
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Filing 171
ORDER REGARDING DEFENDANTS' APPLICATION FOR LEAVE TO FILE UNDER SEAL PURSUANT TO LOCAL RULE 79-5.2.2 by Judge Virginia A. Phillips: It is hereby ORDERED that Defendants' Application for Leave to File Under Seal Pursuant to Local Rule 79-5.2.2 is GRANTED. Compelling reasons exist to justify sealing portions or the entirety of the following documents: (See document for further details) #163 (yl)
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| Filing 169 APPLICATION to file document Motion for Partial Summary Judgment, Statement of Uncontroverted Facts, and exhibits 12, 29,35, 39, 49, 51, 55, and transcripts under seal filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Declaration of John J. Nestico, #2 Proposed Order)(Nestico, John) |
| Filing 168 EXHIBIT Filed filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. as to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability Breach of Fiduciary Duty and Prohibited Transactions #167 . (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8A, #8 Exhibit 8B, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 - Redacted, #13 Exhibit 15, #14 Exhibit 17, #15 Exhibit 27, #16 Exhibit 28, #17 Exhibit 29 - Redacted, #18 Exhibit 30, #19 Exhibit 32, #20 Exhibit 33, #21 Exhibit 35 - Redacted, #22 Exhibit 39 - Redacted, #23 Exhibit 40, #24 Exhibit 41, #25 Exhibit 42, #26 Exhibit 43, #27 Exhibit 44, #28 Exhibit 45, #29 Exhibit 46, #30 Exhibit 47, #31 Exhibit 48 - Redacted, #32 Exhibit 49 - Redacted, #33 Exhibit 50, #34 Exhibit 51 - Redacted, #35 Exhibit 52, #36 Exhibit 54, #37 Exhibit 55 - Redacted, #38 Exhibit 56, #39 Galloway Redacted Transcript, #40 Hanson Redacted Transcript, #41 Phipps Redacted Transcript, #42 Webb Redacted Transcript)(Nestico, John) |
| Filing 167 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability Breach of Fiduciary Duty and Prohibited Transactions filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. Motion set for hearing on 9/13/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Redacted Document - Statement of Uncontroverted Facts, #2 Declaration of John J. Nestico, #3 Proposed Order) (Nestico, John) |
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Filing 170
ORDER by Judge Virginia A. Phillips. Having considered the Parties' Stipulation, and for good cause shown, the Parties Stipulation To Extend the Civil Scheduling Order is GRANTED. The Parties summary judgment papers shall be filed on June 14, 2021; responses in, opposition shall be filed by July 12, 2021; and replies in support shall be filed by August 9, 2021. IT IS SO ORDERED. (See document for further details) #162 (yl)
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| Filing 166 CERTIFICATE OF SERVICE filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, re Sealed Declaration in SupportDeclaration,,,,, #164 served on 06/14/2021. (Ross, Nancy) |
| Filing 165 NOTICE OF MOTION AND MOTION for Summary Judgment as to on all claims in the Third Amended Complaint filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. Motion set for hearing on 8/23/2021 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Defendants' 56.1 Statement, #2 Declaration of Julianne Galloway, #3 Declaration of John Phipps, #4 Declaration of Nancy Ross, #5 Exhibit 1 to Declaration of Nancy Ross, #6 Exhibit 2 to Declaration of Nancy Ross, #7 Exhibit 3 to Declaration of Nancy Ross, #8 Exhibit 4 to Declaration of Nancy Ross, #9 Exhibit 5 to Declaration of Nancy Ross, #10 Exhibit 6 to Declaration of Nancy Ross, #11 Exhibit 7 to Declaration of Nancy Ross, #12 Exhibit 8 to Declaration of Nancy Ross, #13 Exhibit 9 to Declaration of Nancy Ross, #14 Exhibit 10 to Declaration of Nancy Ross, #15 Exhibit 11 to Declaration of Nancy Ross, #16 Exhibit 12 to Declaration of Nancy Ross, #17 Exhibit 13 to Declaration of Nancy Ross, #18 Exhibit 14 to Declaration of Nancy Ross, #19 Exhibit 15 to Declaration of Nancy Ross, #20 Exhibit 16 to Declaration of Nancy Ross, #21 Exhibit 17 to Declaration of Nancy Ross, #22 Exhibit 18 to Declaration of Nancy Ross, #23 Exhibit 19 to Declaration of Nancy Ross, #24 Exhibit 20 to Declaration of Nancy Ross, #25 Exhibit 21 to Declaration of Nancy Ross, #26 Exhibit 22 to Declaration of Nancy Ross, #27 Exhibit 23 to Declaration of Nancy Ross, #28 Exhibit 24 to Declaration of Nancy Ross, #29 Exhibit 25 to Declaration of Nancy Ross, #30 Exhibit 26 to Declaration of Nancy Ross, #31 Exhibit 27 to Declaration of Nancy Ross, #32 Exhibit 28 to Declaration of Nancy Ross, #33 Exhibit 29 to Declaration of Nancy Ross, #34 Exhibit 30 to Declaration of Nancy Ross, #35 Exhibit 31 to Declaration of Nancy Ross, #36 Exhibit 32 to Declaration of Nancy Ross, #37 Exhibit 33 to Declaration of Nancy Ross, #38 Exhibit 34 to Declaration of Nancy Ross, #39 Exhibit 35 to Declaration of Nancy Ross, #40 Exhibit 36 to Declaration of Nancy Ross, #41 Exhibit 37 to Declaration of Nancy Ross, #42 Exhibit 38 to Declaration of Nancy Ross, #43 Exhibit 39 to Declaration of Nancy Ross, #44 Exhibit 40 to Declaration of Nancy Ross, #45 Exhibit 41 to Declaration of Nancy Ross, #46 Exhibit 42 to Declaration of Nancy Ross, #47 Exhibit 43 to Declaration of Nancy Ross, #48 Exhibit 44 to Declaration of Nancy Ross, #49 Exhibit 45 to Declaration of Nancy Ross, #50 Exhibit 46 to Declaration of Nancy Ross, #51 Exhibit 47 to Declaration of Nancy Ross, #52 Exhibit 48 to Declaration of Nancy Ross, #53 Exhibit 49 to Declaration of Nancy Ross, #54 Exhibit 50 to Declaration of Nancy Ross, #55 Exhibit 51 to Declaration of Nancy Ross, #56 Exhibit 52 to Declaration of Nancy Ross, #57 Exhibit 53 to Declaration of Nancy Ross, #58 Exhibit 54 to Declaration of Nancy Ross, #59 Exhibit 55 to Declaration of Nancy Ross, #60 Exhibit 56 to Declaration of Nancy Ross, #61 Exhibit 57 to Declaration of Nancy Ross, #62 Proposed Judgment) (Ross, Nancy) |
| Filing 164 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion under seal #163 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Unredacted Document Motion for Summary Judgment, #2 Unredacted Document 56.1 Statement, #3 Unredacted Document Declaration of John Phipps, #4 Unredacted Document Ex. 3, #5 Unredacted Document Ex. 4, #6 Unredacted Document Ex. 16, #7 Unredacted Document Ex. 17, #8 Unredacted Document Ex. 18, #9 Unredacted Document Ex. 19, #10 Unredacted Document Ex. 20, #11 Unredacted Document Ex. 21, #12 Unredacted Document Ex. 22, #13 Unredacted Document Ex. 23, #14 Unredacted Document Ex. 24, #15 Unredacted Document Ex. 35, #16 Unredacted Document Ex. 36, #17 Unredacted Document Ex. 37, #18 Unredacted Document Ex. 38, #19 Unredacted Document Ex. 39, #20 Unredacted Document Ex. 40, #21 Unredacted Document Ex. 43, #22 Unredacted Document Ex. 44, #23 Unredacted Document Ex. 46, #24 Unredacted Document Ex. 47, #25 Unredacted Document Ex. 50, #26 Unredacted Document Ex. 51, #27 Unredacted Document Ex. 52, #28 Unredacted Document Ex. 53, #29 Unredacted Document Ex. 54, #30 Unredacted Document Ex. 55, #31 Unredacted Document Ex. 56, #32 Unredacted Document Ex. 57)(Ross, Nancy) |
| Filing 163 APPLICATION to file document Motion under seal filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Proposed Order, #2 Redacted Document Motion for Summary Judgment, #3 Redacted Document 56.1 Statement, #4 Redacted Document John Phipps Declaration, #5 Redacted Document Ex. 3, #6 Redacted Document Ex. 4, #7 Redacted Document Ex. 18, #8 Redacted Document Ex. 35, #9 Redacted Document Ex. 36, #10 Redacted Document Ex. 37, #11 Redacted Document Ex. 38, #12 Redacted Document Ex. 39, #13 Redacted Document Ex. 40, #14 Redacted Document Ex. 51, #15 Redacted Document Ex. 52, #16 Redacted Document Ex. 53)(Ross, Nancy) |
| Filing 162 STIPULATION for Order Amend The Civil Scheduling Order Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order)(Bloom, James) |
| Filing 161 STIPULATION to Dismiss Case pursuant to Count III of Plaintiffs' Third Amended Class Complaint filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee.(Ross, Nancy) |
| Filing 160 Notice of Appearance or Withdrawal of Counsel: for attorney Brian D Netter counsel for Defendants AT and T Services, Inc., Benefit Plan Investment Committee. Brian D. Netter is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Services, Inc., Benefit Plan Investment Committee. (Netter, Brian) |
| Filing 159 Notice of Appearance or Withdrawal of Counsel: for attorney John Nadolenco counsel for Defendant AT and T Services, Inc.. Samuel D. Block is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Services Inc.. (Nadolenco, John) |
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Filing 158
ORDER by Judge Virginia A. Phillips, re Stipulation to Certify Class Action #154 : The Court hereby certifies Plaintiffs' claims in the Complaint, arising on or after November 6, 2011, as a class action under Federal Rule of Civil Procedure 23(b)(1). The class shall be defined and limited to: All persons who were participants in and beneficiaries of the AT and T Retirement Savings Plan at any time on or after November 6, 2011. The Court appoints as class representatives Plaintiffs Robert J. Bugielski and Chad S. Simecek. The Court appoints as co-lead class counsel Berger Montague PC and Schneider Wallace Cottrell Konecky LLP, Solouki Savoy LLP as liaison class counsel, and Edelson Lechtzin LLP as executive committee class counsel. Nothing contained in the Parties Stipulation shall be deemed to be a waiver of any claim or an admission by any party with respect to any allegations, defenses, or claims and no party shall be deemed to have abandoned or limited any claim or defense. The September 2, 2020 deadline for Plaintiffs to file their reply brief in support of their Motion for Class Certification and the September 23, 2020 class certification hearing date are stricken. (bm)
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| Filing 157 NOTICE OF LODGING filed re Stipulation to Certify Class Action #154 (Attachments: #1 Proposed Order)(Nowak, Richard) |
| Filing 156 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS. The parties shall submit a separate proposed order by filing a notice of lodging and uploading the proposed order as a separate attachment to the notice. See Notice to Filer of Deficiencies #155 . Failure to submit a proposed order may result in the document stricken. (cch) |
| Filing 155 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Certify Class Action #154 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Joint Stipulation. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
| Filing 154 Joint STIPULATION to Certify Class filed by Defendant AT and T Services, Inc., Benefit Plan Investment Committee.(Ross, Nancy) |
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Filing 153
ORDER REGARDING PLAINTIFFS' APPLICATION FOR ORDER TO SEAL FILED DOCUMENTS by Judge Virginia A. Phillips granting #151 APPLICATION (bm)
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Filing 152
CIVIL CASE SCHEDULING ORDER by Judge Virginia A. Phillips, re Stipulation to Amend/Correct #150 : Having reviewed the Parties Stipulation and Proposed Order, the Court ORDERS that: A. Fact Discovery: Fact discovery will be completed by December 1, 2020. B. Expert Discovery: a. Plaintiffs' expert reports shall be served by January 15, 2021. b. Defendants' expert reports shall be served by February 26, 2021. c. Plaintiffs' rebuttal expert report shall be served by March 12, 2021. d. All expert depositions, regardless of whether they are intended to be used at trial, will be completed by April 30, 2021. C. Dispositive Motions and Daubert Motions: a. Responses in opposition, if any, shall be filed by July 9, 2021. b. Replies in support, if any, shall be filed by August 6, 2021. (bm)
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| Filing 151 APPLICATION for Order for to Seal Filed Documents Pursuant to Local Rule 79-5.2.2 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Declaration, #2 Proposed Order) (Nestico, John) |
| Filing 150 STIPULATION to AMEND Scheduling Order,, Set/Reset Deadlines/Hearings, #130 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order)(Bloom, James) |
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Filing 149
ORDER REGARDING APPLICATION FOR LEAVE TO FILE UNDER SEAL #147 by Judge Virginia A. Phillips (lc)
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| Filing 148 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Memorandum of Points and Authorities in Support of Motion for Class Certification, Exhibit 3, Exhibit 12, Exhibit 13, Exhibit 14, Exhibit 15, Exhibit 16, Exhibit 17, Exhibit 18 under seal #147 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Unredacted Document, #8 Unredacted Document, #9 Unredacted Document)(Nestico, John) |
| Filing 147 APPLICATION to file document Memorandum of Points and Authorities in Support of Motion for Class Certification, Exhibit 3, Exhibit 12, Exhibit 13, Exhibit 14, Exhibit 15, Exhibit 16, Exhibit 17, Exhibit 18 under seal filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document, #4 Redacted Document, #5 Redacted Document, #6 Redacted Document, #7 Redacted Document, #8 Redacted Document, #9 Redacted Document, #10 Redacted Document)(Nestico, John) |
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Filing 146
ORDER by Judge Virginia A. Phillips, re Stipulation #144 : Having considered the Parties' Stipulation, and for good cause shown, the Parties' Stipulation To Extend Due Date of Plaintiffs' Motion for Class Certification pursuant to Fed. R. Civ. P. 23 and Deadline to Conduct Mediation is GRANTED. Plaintiffs shall file their motion for class certification by June 24, 2020, Defendants shall file their response by August 3, 2020, and Plaintiffs shall file their reply by September 2, 2020. The hearing on Plaintiffs' Motion for Class Certification is re-set to September 23, 2020. The Last Day to Conduct Mediation has been continued until September 30, 2020. (bm)
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| Filing 145 TEXT ONLY NOTICE RE: Stipulation for Extension of Time to File Plaintiffs' Motion for Class Certification and Deadline to Conduct Mediation #144 . In compliance with Central District of California's Local Rule 5-4.4.2, counsel shall email the proposed order in Microsoft Word to the Judge's generic chambers email, no later than 12:00 pm of June 8, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
| Filing 144 STIPULATION for Extension of Time to File Plaintiffs' Motion for Class Certification and Deadline to Conduct Mediation filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order)(Nestico, John) |
| Filing 143 Notice of Electronic Filing re Notice of Change of Attorney Business or Contact Information (G-06) #142 , Notice of Appearance or Withdrawal of Counsel (G-123), #141 , Notice of Appearance or Withdrawal of Counsel (G-123), #140 e-mailed to Garrett W Wotkyns bounced due to invalid email address - gwotkyns@schneiderwallace.com. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY |
| Filing 142 NOTICE of Change of Attorney Business or Contact Information: for attorney James Alton Bloom counsel for Plaintiff Julio C. Alas. Changing firm name to Schneider Wallace Cottrell Konecky LLP. Filed by Plaintiff Julio C. Alas. (Bloom, James) |
| Filing 141 Notice of Appearance or Withdrawal of Counsel: for attorney Eric Lechtzin counsel for Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. Adding ERIC LECHTZIN as counsel of record for JULIO ALAS, ROBERT J. BUGIELSKI and CHAD S. SIMECEK for the reason indicated in the G-123 Notice. Filed by PLAINTIFFS ROBERT J. BUGIELSKI and CHAD S. SIMECEK. (Lechtzin, Eric) |
| Filing 140 Notice of Appearance or Withdrawal of Counsel: for attorney Eric Lechtzin counsel for Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. Eric Lechtzin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Julio C. Alas, Robert J. Bugielski and Chad S. Simecek. (Lechtzin, Eric) |
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Filing 139
ORDER by Judge Virginia A. Phillips, re Stipulation #138 : Having considered the Parties' Stipulation, and for good cause shown, the Parties' Stipulation To Extend Date of Fed. R. Civ. P. 30(B)(6) Deposition and Deadline to Conduct Mediation is GRANTED. Plaintiffs are permitted to take a deposition pursuant to Fed. R. Civ. P. 30(b)(6) on or before June 30, 2020. The Last Day to Conduct Mediation has been continued until July 31, 2020. (bm)
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| Filing 138 Joint STIPULATION for Order to Extend Date of Fed.R. CIV. P. 30 (b)(6) Deposition and Deadline to Conduct Mediation filed by Defendant AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Proposed Order)(Ross, Nancy) |
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Filing 137
ORDER by Judge Virginia A. Phillips, re Stipulation for Discovery, #136 : Having considered the Parties' Stipulation, and for good cause shown, the Parties' Stipulation Extending Discovery Deadline for the Purpose of Conducting a 30(b)(6) Deposition is GRANTED. Plaintiffs are permitted to take a deposition pursuant to Fed. R. Civ. P. 30(b)(6) noticed for March 24, 2020. (bm)
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| Filing 136 STIPULATION for Discovery as to STIPULATION TO CONDUCT A DEPOSITION PURSUANT TO FED. R. CIV. P. 30(b)(6) AFTER CLOSE OF CLASS CERTIFICATION DISCOVERY filed by Plaintiffs Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order)(Bloom, James) |
| Filing 135 STIPULATION to Dismiss Plaintiff Julio C. Alas filed by Plaintiff Robert J Bugielski, Julio C. Alas, Chad S Simecek.(Bloom, James) |
| Filing 134 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/24/2019 at 1:52 p.m. re Transcript #133 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY |
| Filing 133 TRANSCRIPT for proceedings held on 6/24/2019 at 1:52 p.m. Court Reporter/Electronic Court Recorder: Myra L. Ponce, CSR, RDR, CRR, e-mail address myraponce@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Ponce, Myra) |
| Filing 132 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander Vitruk counsel for Defendants AT and T Services, Inc., Benefit Plan Investment Committee. Adding Alexander Vitruk as counsel of record for AT&T Services, Inc. and Benefit Plan Investment Committee for the reason indicated in the G-123 Notice. Filed by Defendants AT&T Services, Inc. and Benefit Plan Investment Committee. (Attorney Alexander Vitruk added to party AT and T Services, Inc.(pty:dft), Attorney Alexander Vitruk added to party Benefit Plan Investment Committee(pty:dft))(Vitruk, Alexander) |
| Filing 131 TRANSCRIPT ORDER as to Defendant AT and T Services, Inc., Benefit Plan Investment Committee for Court Reporter. Court will contact Richard E. Nowak at rnowak@mayerbrown.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Nowak, Richard) |
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Filing 130
CIVIL SCHEDULING ORDER by Judge Virginia A. Phillips. Last Day for hearing on a Motion to Amend Pleadings or Add New Parties: N/A; Class Certification Discovery Cut Off: 03/09/2020; Last day to Conduct Mediation: 04/17/2020; Motion for Class Certification Deadline: 05/27/2020; Opposition to Motion: 07/06/2020; Reply to Motion: 08/05/2020; Hearing on Motion for Class Certification: 08/24/2020 at 2 pm; Trial Estimate: N/A Day(s)Order. Refer to document for details. (lom)
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| Filing 129 MINUTES OF SCHEDULING CONFERENCE RE: CLASS MOTION BRIEFING held before Judge Virginia A. Phillips. The settlement conference shall be conducted no later than April 17, 2020. The parties shall file a joint report no later than 10 days after the settlement conference regarding the progress of mediation. The parties elect to proceed with Settlement Procedure No. 3, private mediation. The Court sets briefing schedule as to the Motion for Class Certification only. See separate Order to be filed and served on counsel by the clerk. Court Reporter: Myra Ponce. (lom) |
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Filing 128
ORDER GRANTING APPLICATION of Non-Resident Attorney Elaine Liu to Appear Pro Hac Vice on behalf of Defendants AT and T Services, Inc., Benefit Plan Investment Committee and designating John Nadolenco as local counsel #126 by Judge Virginia A. Phillips (lc)
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Filing 127
ORDER GRANTING APPLICATION of Non-Resident Attorney Samuel D. Block to Appear Pro Hac Vice and designating John Nadolenco as local counsel on behalf of Defendant AT&T Services, Inc. #125 by Judge Virginia A. Phillips (lc)
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| Filing 126 APPLICATION of Non-Resident Attorney Elaine Liu to Appear Pro Hac Vice on behalf of Defendants AT and T Services, Inc., Benefit Plan Investment Committee (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23936553) filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Attachments: #1 Proposed Order) (Nadolenco, John) |
| Filing 125 APPLICATION of Non-Resident Attorney Samuel D. Block to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 6/11/2019, Receipt No. 0973-23897672) filed by Defendant AT and T Services, Inc.. (Attachments: #1 Proposed Order) (Nadolenco, John) |
| Filing 124 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #123 RE: Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice #122 , by Clerk of Court. The document is stricken. Other: Application not hand signed. (Refer to Form G-64 - ELECTRONIC SIGNATURES ARE NOT ACCEPTED). Proposed order not attached. (L.R. 83-2.1.3.3(b)) (bm) |
| Filing 123 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Samuel D. Block to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23897672) #122 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) |
| Filing 122 DOCUMENT STRICKEN ON 6/12/19. APPLICATION of Non-Resident Attorney Samuel D. Block to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23897672) filed by Defendant AT and T Services, Inc.. (Nadolenco, John) Modified on 6/12/2019 (bm). |
| Filing 121 EXHIBIT Filed filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee. (Joint Submission of Schedule of Pretrial and Trial Dates Table) as to Report #114 . (Ross, Nancy) |
| Filing 120 REQUEST for ADR Procedure No. 2 filed. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee(Ross, Nancy) |
| Filing 119 CERTIFICATE of Interested Parties filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, (Ross, Nancy) |
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Filing 118
ORDER #117 by Judge Virginia A. Phillips. The Parties' Stipulation to Continue Scheduling Conference is GRANTED. The Scheduling Conference is continued to June 24, 2019, at 1:30 p.m. (lom)
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| Filing 117 STIPULATION to Continue Scheduling Conference from June 10, 2019 to June 24, 2019 filed by DEFENDANT AT and T Services, Inc., Benefit Plan Investment Committee, Debra L. Dial, Sean P. Foley, George B. Goeke, William H. Hammond, Jonathan P. Klug, John J. Stephens, Paul W. Stephens, Marty Webb. (Attachments: #1 Proposed Order)(Ross, Nancy) |
| Filing 116 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report #114 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): [Proposed] Order should have been submitted as a separate, additional attachment to the Report. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
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Filing 115
ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips. Scheduling Conference set for 6/10/2019 at 01:30 PM before Judge Virginia A. Phillips. (bh)
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| Filing 114 JOINT REPORT RULE 26(F) REPORT of Discovery Plan filed by Plaintiff Julio C. Alas. (Bloom, James) |
| Filing 113 Notice of Appearance or Withdrawal of Counsel: for attorney Laura R Hammargren counsel for Defendants AT and T Services, Inc., Benefit Plan Investment Committee, Debra L. Dial, Sean P. Foley, George B. Goeke, William H. Hammond, Jonathan P. Klug, John J. Stephens, Paul W. Stephens, Marty Webb. Laura R. Hammargren is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Services, Inc., Benefit Plan Investment Committee, Debra L. Dial, Sean P. Foley, George B. Goeke, William H. Hammond, Jonathan P. Klug, John J. Stephens, Paul W. Stephens, Marty Webb. (Hammargren, Laura) |
| Filing 112 ANSWER to Amended Complaint/Petition, #81 (Defendants' Answer and Defenses to Plaintiffs' Third Amended Class Action Complaint) filed by Defendant AT and T Services, Inc., Benefit Plan Investment Committee.(Ross, Nancy) |
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Filing 111
ORDER granting Stipulation Extending Time to Answer #110 , by Judge Virginia A. Phillips: Having considered the Parties' stipulation, and for good cause shown, the Parties' Stipulation Regarding Deadline for Defendants' Response to Plaintiffs' Third Amended Class Action Complaint is GRANTED. Defendants shall have until Monday, April 8, 2019 to file their answer to Plaintiffs' Third Amended Class Action Complaint. (bm)
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| Filing 110 STIPULATION Extending Time to Answer the complaint as to AT and T Services, Inc. answer now due 4/8/2019; Benefit Plan Investment Committee answer now due 4/8/2019, re Amended Complaint/Petition, #81 filed by Defendants AT and T Services, Inc.; Benefit Plan Investment Committee. (Attachments: #1 Proposed Order)(Ross, Nancy) |
| Filing 109 Notice of Appearance or Withdrawal of Counsel: for attorney Richard E Nowak counsel for Defendant AT and T Inc.. Eric Westlund will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant AT&T, Inc. (Dismissed Defendant). (Attorney Richard E Nowak added to party AT and T Inc.(pty:dft))(Nowak, Richard) |
| Filing 108 MINUTES OF DEFENDANT'S MOTION FOR RECONSIDERATION AND TO DISMISS THIRD AMENDED CLASS COMPLAINT; [DOC NO. 100] Hearing held before Judge Virginia A. Phillips: Matter called. Counsel for the parties are present as referenced above. Court Issues tentative ruling and invites oral argument of Counsel. Counsel submits on the tentative. Court will issue final ruling. Court Reporter: Myra Ponce. (bm) |
| Filing 107 Notice of Electronic Filing re Order on Motion for Reconsideration,, Order on Motion to Dismiss, #106 e-mailed to ewestlund@mayerbrown.com bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
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Filing 106
ORDER re Defendants' Motion to Reconsider and to Dismiss the Third Amended Class Complaint (Doc. No. 100.) by Judge Virginia A. Phillips: The Court therefore GRANTS IN PART and DENIES IN PART Defendants' Motion. Should Plaintiffs wish to file an amended pleading, they must do so by March 11, 2019 at 4:00 P.M. (see document for further details) (bm)
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| Filing 105 REPLY in support of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss, #79 NOTICE OF MOTION AND MOTION to Dismiss the Third Amended Class Complaint #81 #100 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, Debra L. Dial, Sean P. Foley, George B. Goeke, William H. Hammond, Jonathan P. Klug, John J. Stephens, Paul W. Stephens, Marty Webb. (Ross, Nancy) |
| Filing 104 OPPOSITION to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss, #79 NOTICE OF MOTION AND MOTION to Dismiss the Third Amended Class Complaint #81 #100 Plaintiff's Opposition To Defendants' Motion to Dismiss the Third Amended Class Complaint filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Bloom, James) |
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Filing 103
PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order, #102 (dml)
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| Filing 102 STIPULATION for Protective Order filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, Debra L. Dial, Sean P. Foley, George B. Goeke, William H. Hammond, Jonathan P. Klug, John J. Stephens, Paul W. Stephens, Marty Webb.(Ross, Nancy) |
| Filing 101 Notice of Appearance or Withdrawal of Counsel: for attorney John Nadolenco counsel for Defendant AT and T Services, Inc.. Eric A. Westlund is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Services, Inc.. (Nadolenco, John) |
| Filing 100 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss, #79 , NOTICE OF MOTION AND MOTION to Dismiss the Third Amended Class Complaint #81 filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, Debra L. Dial, Sean P. Foley, George B. Goeke, William H. Hammond, Jonathan P. Klug, John J. Stephens, Paul W. Stephens, Marty Webb. Motion set for hearing on 2/25/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum in Support of Defendants' Motion to Reconsider and to Dismiss the Third Amended Class Complaint, #2 Exhibit A to Memorandum, #3 Proposed Order) (Ross, Nancy) |
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Filing 99
ORDER granting by Judge Virginia A. Phillips: Having considered the Parties stipulation, and for good cause shown, the Parties' Stipulation Extending Deadline for Defendant Klug and Foley's Responses to Plaintiffs' Third Amended Class Action Complaint and Setting Briefing Schedule is GRANTED. Individual Moving Defendants shall have until Monday, December 17, 2018 to answer or otherwise respond Plaintiffs' Third Amended Class Action Complaint. If Individual Moving Defendants move to dismiss Plaintiffs' Third Amended Class Complaint, Plaintiffs shall have until Monday, January 21, 2019 to file an opposition to the motion to dismiss. Individual Moving Defendants shall have until Monday, February 4, 2019 to file a reply in support of their motion to dismiss. Individual Moving Defendants motion(s) to dismiss, if filed, shall be heard on Monday, February 25, 2019 at 2:00 p.m., or as soon thereafter as may be convenient for the Court. (bm)
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Filing 98
ORDER granting Stipulation #88 : Having considered the Parties' stipulation, and for good cause shown, the Parties' Stipulation Extending Deadline for Moving Defendants Responses to Plaintiffs' Third Amended Class Action Complaint and Setting Briefing Schedule is GRANTED. Moving Defendants shall have until Monday, December 17, 2018 to answer or otherwise respond Plaintiffs' Third Amended Class Action Complaint. If one or more Moving Defendants move to dismiss Plaintiffs' Third Amended ClassComplaint, Plaintiffs shall have until Monday, January 21, 2019 to file an oppositionto the motion(s) to dismiss. Moving Defendants shall have until Monday, February 4, 2019 to file a reply in support of their motion(s) to dismiss. Moving Defendants' motion(s) to dismiss, if filed, shall be heard on Monday, February 25, 2019 at 2:00 p.m., or as soon thereafter as may be convenient for the Court. (bm) Modified on 11/28/2018 (bm).
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| Filing 97 Joint STIPULATION for Order Extending Deadline for Defendants Klug and Foley's Responses to Plaintiffs' Third Amended Class Action Complaint and Setting Briefing Schedule filed by Defendant Sean P. Foley, Jonathan P. Klug. (Attachments: #1 Proposed Order)(Ross, Nancy) |
| Filing 96 Notice of Appearance or Withdrawal of Counsel: for attorney Jed W Glickstein counsel for Defendants Sean P. Foley, Jonathan P. Klug. Filed by Defendants Jonathan Klug and Sean Foley. (Attorney Jed W Glickstein added to party Sean P. Foley(pty:dft), Attorney Jed W Glickstein added to party Jonathan P. Klug(pty:dft))(Glickstein, Jed) |
| Filing 95 Notice of Appearance or Withdrawal of Counsel: for attorney Richard E Nowak counsel for Defendants Sean P. Foley, Jonathan P. Klug. Filed by Defendants Jonathan Klug and Sean Foley. (Attorney Richard E Nowak added to party Sean P. Foley(pty:dft), Attorney Richard E Nowak added to party Jonathan P. Klug(pty:dft))(Nowak, Richard) |
| Filing 94 Notice of Appearance or Withdrawal of Counsel: for attorney Laura R Hammargren counsel for Defendants Sean P. Foley, Jonathan P. Klug. Filed by Defendants Jonathan Klug and Sean Foley. (Attorney Laura R Hammargren added to party Sean P. Foley(pty:dft), Attorney Laura R Hammargren added to party Jonathan P. Klug(pty:dft))(Hammargren, Laura) |
| Filing 93 Notice of Appearance or Withdrawal of Counsel: for attorney Brian D Netter counsel for Defendants Sean P. Foley, Jonathan P. Klug. Filed by Defendants Jonathan Klug and Sean Foley. (Attorney Brian D Netter added to party Sean P. Foley(pty:dft), Attorney Brian D Netter added to party Jonathan P. Klug(pty:dft))(Netter, Brian) |
| Filing 92 21 DAY Summons Issued re Third Amended Complaint #81 as to Defendants Benefit Plan Investment Committee, Debra L. Dial, Sean P. Foley, George B. Goeke, William H. Hammond, Jonathan P. Klug, John J. Stephens, Paul W. Stephens, Marty Webb. (bm) |
| Filing 91 Notice of Appearance or Withdrawal of Counsel: for attorney John Nadolenco counsel for Defendants Sean P. Foley, Jonathan P. Klug. Filed by Defendants Jonathan Klug and Sean Foley. (Attorney John Nadolenco added to party Sean P. Foley(pty:dft), Attorney John Nadolenco added to party Jonathan P. Klug(pty:dft))(Nadolenco, John) |
| Filing 90 Notice of Appearance or Withdrawal of Counsel: for attorney Nancy G Ross counsel for Defendants Sean P. Foley, Jonathan P. Klug. Filed by Defendants Jonathan Klug and Sean Foley. (Attorney Nancy G Ross added to party Sean P. Foley(pty:dft), Attorney Nancy G Ross added to party Jonathan P. Klug(pty:dft))(Ross, Nancy) |
| Filing 89 Request for Clerk to Issue Summons on Amended Complaint/Petition, #81 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Bloom, James) |
| Filing 88 Joint STIPULATION for Extension of Time to File Respond to Plaintiffs' Third Amended Class Action Complaint and Setting Briefing Schedule filed by Defendants AT and T Services, Inc., Benefit Plan Investment Committee, Debra L. Dial, George B. Goeke, William H. Hammond, John J. Stephens, Paul W. Stephens, Marty Webb. (Attachments: #1 Proposed Order)(Ross, Nancy) |
| Filing 87 NOTICE of Appearance filed by attorney Jed W Glickstein on behalf of Defendants Benefit Plan Investment Committee, Debra L. Dial, George B. Goeke, William H. Hammond, John J. Stephens, Paul W. Stephens, Marty Webb (Attorney Jed W Glickstein added to party Benefit Plan Investment Committee(pty:dft), Attorney Jed W Glickstein added to party Debra L. Dial(pty:dft), Attorney Jed W Glickstein added to party George B. Goeke(pty:dft), Attorney Jed W Glickstein added to party William H. Hammond(pty:dft), Attorney Jed W Glickstein added to party John J. Stephens(pty:dft), Attorney Jed W Glickstein added to party Paul W. Stephens(pty:dft), Attorney Jed W Glickstein added to party Marty Webb(pty:dft))(Glickstein, Jed) |
| Filing 86 NOTICE of Appearance filed by attorney Richard E Nowak on behalf of Defendants Benefit Plan Investment Committee, Debra L. Dial, George B. Goeke, William H. Hammond, John J. Stephens, Paul W. Stephens, Marty Webb (Attorney Richard E Nowak added to party Benefit Plan Investment Committee(pty:dft), Attorney Richard E Nowak added to party Debra L. Dial(pty:dft), Attorney Richard E Nowak added to party George B. Goeke(pty:dft), Attorney Richard E Nowak added to party William H. Hammond(pty:dft), Attorney Richard E Nowak added to party John J. Stephens(pty:dft), Attorney Richard E Nowak added to party Paul W. Stephens(pty:dft), Attorney Richard E Nowak added to party Marty Webb(pty:dft))(Nowak, Richard) |
| Filing 85 NOTICE of Appearance filed by attorney Laura R Hammargren on behalf of Defendants Benefit Plan Investment Committee, Debra L. Dial, George B. Goeke, William H. Hammond, John J. Stephens, Paul W. Stephens, Marty Webb (Attorney Laura R Hammargren added to party Benefit Plan Investment Committee(pty:dft), Attorney Laura R Hammargren added to party Debra L. Dial(pty:dft), Attorney Laura R Hammargren added to party George B. Goeke(pty:dft), Attorney Laura R Hammargren added to party William H. Hammond(pty:dft), Attorney Laura R Hammargren added to party John J. Stephens(pty:dft), Attorney Laura R Hammargren added to party Paul W. Stephens(pty:dft), Attorney Laura R Hammargren added to party Marty Webb(pty:dft))(Hammargren, Laura) |
| Filing 84 NOTICE of Appearance filed by attorney Brian D Netter on behalf of Defendants Benefit Plan Investment Committee, Debra L. Dial, George B. Goeke, William H. Hammond, John J. Stephens, Paul W. Stephens, Marty Webb (Attorney Brian D Netter added to party Benefit Plan Investment Committee(pty:dft), Attorney Brian D Netter added to party Debra L. Dial(pty:dft), Attorney Brian D Netter added to party George B. Goeke(pty:dft), Attorney Brian D Netter added to party William H. Hammond(pty:dft), Attorney Brian D Netter added to party John J. Stephens(pty:dft), Attorney Brian D Netter added to party Paul W. Stephens(pty:dft), Attorney Brian D Netter added to party Marty Webb(pty:dft))(Netter, Brian) |
| Filing 83 NOTICE of Appearance filed by attorney John Nadolenco on behalf of Defendants Benefit Plan Investment Committee, Debra L. Dial, George B. Goeke, William H. Hammond, John J. Stephens, Paul W. Stephens, Marty Webb (Attorney John Nadolenco added to party Benefit Plan Investment Committee(pty:dft), Attorney John Nadolenco added to party Debra L. Dial(pty:dft), Attorney John Nadolenco added to party George B. Goeke(pty:dft), Attorney John Nadolenco added to party William H. Hammond(pty:dft), Attorney John Nadolenco added to party John J. Stephens(pty:dft), Attorney John Nadolenco added to party Paul W. Stephens(pty:dft), Attorney John Nadolenco added to party Marty Webb(pty:dft))(Nadolenco, John) |
| Filing 82 NOTICE of Appearance filed by attorney Nancy G Ross on behalf of Defendants Benefit Plan Investment Committee, Debra L. Dial, George B. Goeke, William H. Hammond, John J. Stephens, Paul W. Stephens, Marty Webb (Attorney Nancy G Ross added to party Benefit Plan Investment Committee(pty:dft), Attorney Nancy G Ross added to party Debra L. Dial(pty:dft), Attorney Nancy G Ross added to party George B. Goeke(pty:dft), Attorney Nancy G Ross added to party William H. Hammond(pty:dft), Attorney Nancy G Ross added to party John J. Stephens(pty:dft), Attorney Nancy G Ross added to party Paul W. Stephens(pty:dft), Attorney Nancy G Ross added to party Marty Webb(pty:dft))(Ross, Nancy) |
| Filing 81 Third AMENDED COMPLAINT against Defendants AT and T Services, Inc., Benefit Plan Investment Committee, John J. Stephens, Jonathan P. Klug, George B. Goeke, Paul W. Stephens, Debra L. Dial, Sean P. Foley, William H. Hammond, Marty Webb amending Amended Complaint/Petition, #68 , filed by Plaintiffs Robert J Bugielski, Julio C. Alas, Chad S Simecek (Attachments: #1 Exhibit A, #2 Exhibit B)(Bloom, James) |
| Filing 80 Notice of Appearance or Withdrawal of Counsel: for attorney Eric Lechtzin counsel for Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. Adding Eric Lechtzin as counsel of record for Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs Julio C. Alas et al.. (Attorney Eric Lechtzin added to party Julio C. Alas(pty:pla), Attorney Eric Lechtzin added to party Robert J Bugielski(pty:pla), Attorney Eric Lechtzin added to party Chad S Simecek(pty:pla))(Lechtzin, Eric) |
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Filing 79
ORDER re Defendants' Motion to Dismiss the Second Amended Class Complaint (Doc. No. 71.) by Judge Virginia A. Phillips: For the reasons stated above, Defendant's Motion to Dismiss the Second Amended Complaint is GRANTED IN PART and DENIED IN PART. Should Plaintiffs wish to file an amended pleading, they must do so by November 12, 2018. (see document for further details) (bm)
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| Filing 78 MINUTES OF DEFENDANT'S MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT #71 Hearing held before Judge Virginia A. Phillips. The Court having heard from counsel, takes the matter under submission. Court will issue final ruling. Court Reporter: Myra Ponce. (lom) |
| Filing 77 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss The Second Amended Class Complaint [related to docket entry 68] #71 filed by Defendants AT and T Inc., AT and T Services, Inc.. (Ross, Nancy) |
| Filing 76 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss The Second Amended Class Complaint [related to docket entry 68] #71 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order)(Attorney John J Nestico added to party Robert J Bugielski(pty:pla), Attorney John J Nestico added to party Chad S Simecek(pty:pla))(Nestico, John) |
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Filing 75
ORDER ON APPLICATION OF NONRESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Virginia A. Phillips: granting #74 Non-Resident Attorney Nestico, John J. APPLICATION to Appear Pro Hac Vice on behalf of Julio C. Alas, designating Kim, Jason H. as local counsel. (yl)
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| Filing 74 APPLICATION of Non-Resident Attorney John J. Nestico to Appear Pro Hac Vice on behalf of Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22431487) filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order) (Kim, Jason) |
| Filing 73 NOTICE of Change of firm name and address by Ellen T Noteware attorney for Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. Changing firm name to Berger Montague PC and address to 1818 Market Street, Suite 3600, Philadelphia, PA 19103. Filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Noteware, Ellen) |
| Filing 72 NOTICE of Change of firm name and address by Todd S Collins attorney for Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. Changing firm name to Berger Montague PC and address to 1818 Market Street, Suite 3600, Phila., PA 19103. Filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Collins, Todd) |
| Filing 71 NOTICE OF MOTION AND MOTION to Dismiss The Second Amended Class Complaint [related to docket entry 68] filed by Defendants AT and T Inc., AT and T Services, Inc.. Motion set for hearing on 10/22/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum, #2 Proposed Order) (Ross, Nancy) |
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Filing 70
ORDER by Judge Virginia A. Phillips, re Stipulation #69 : Having considered the Parties' stipulation, and for good cause shown, the Parties' Stipulation Extending Deadlines for Briefing on Defendants' Motion to Dismiss the Second Amended Class Action Complaint is GRANTED. Defendants shall have until Monday, August 27, 2018 to file a motion to dismiss the Second Amended Class Action Complaint. Plaintiffs shall have until Monday, September 24, 2018 to file an opposition brief to Defendants' motion to dismiss the Second Amended Class Complaint. Defendants shall have until Monday, October 8, 2018 to file a reply in support of their motion to dismiss the Second Amended Class Action Complaint. Defendants' motion to dismiss shall be heard on Monday, October 22, 2018 at 2:00 p.m. or as soon thereafter as may be convenient for the Court. (bm)
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| Filing 69 Joint STIPULATION for Extension of Time to File Defendants' Motion to Dismiss the Second Amended Class Action Complaint filed by Defendants AT and T Inc., AT and T Services, Inc.. (Attachments: #1 Proposed Order)(Ross, Nancy) |
| Filing 68 Second AMENDED COMPLAINT against Defendants AT and T Inc., AT and T Services, Inc., John Does 1-50 amending Amended Complaint/Petition #51 , filed by Plaintiffs Robert J Bugielski, Julio C. Alas, Chad S Simecek (Attachments: #1 Exhibit 1)(Bloom, James) |
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Filing 67
ORDER re Defendants' Motion to Dismiss First Amended Complaint with Leave to Amend (Doc. No. 54.) by Judge Virginia A. Phillips granting #54 MOTION to Dismiss: Because the Court is not satisfied that the FAC properly alleges standing and timeliness, the Court declines to reach the parties' arguments regarding the sufficiency of Counts I and II or the appropriateness of AT and T, Inc. and the Doe Defendants. The Court therefore GRANTS Defendant's Motion with leave to amend. Plaintiffs must file their Second Amended Complaint by no later than 4:00 P.M. on July 30, 2018. (bm)
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| Filing 66 MINUTES OF DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED CLASS COMPLAINT; [DOC. NO. 54] Hearing held before Judge Virginia A. Phillips: Matter called. Counsel for the parties are present as referenced above. Court issues tentative ruling, and invites oral argument from Counsel. Having heard from counsel, Court takes the matter under submission. Court Reporter: Myra Ponce. (bm) |
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Filing 65
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Virginia A. Phillips: granting #63 Non-Resident Attorney Ellen T Noteware APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek, designating Jason H Kim as local counsel. (jp)
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Filing 64
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Virginia A. Phillips: granting #62 Non-Resident Attorney Todd S Collins APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek, designating Jason H Kim as local counsel. (jp)
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| Filing 63 APPLICATION of Non-Resident Attorney Ellen T. Noteware to Appear Pro Hac Vice on behalf of Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22080106) filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order) (Kim, Jason) |
| Filing 62 APPLICATION of Non-Resident Attorney Todd S. Collins to Appear Pro Hac Vice on behalf of Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22080072) filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order) (Kim, Jason) |
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Filing 61
SCHEDULING NOTICE (IN CHAMBERS): Pursuant to the Order of 3/19/18 #47 striking the hearing on Defendant's Motion to Dismiss, and the Filing of the First Amended Complaint #51 , on 3/27/2018. Motion to Dismiss #33 was MOOT by Chief Judge Virginia A. Phillips THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY
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| Filing 60 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Complaint #54 filed by Defendants AT and T Inc., AT and T Services, Inc.. (Ross, Nancy) |
| Filing 59 NOTICE of Change of address by Jason H Kim attorney for Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. Changing attorneys address to 3550 W. 6th Street, 411, Los Angeles CA 90020. Filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Kim, Jason) |
| Filing 58 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Complaint #54 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Bloom, James) |
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Filing 57
ORDER by Judge Virginia A. Phillips, re Stipulation for Extension of Time to File Response/Reply, #56 : Having considered the Parties' stipulation, and for good cause shown, the Parties' Stipulation Extending Deadlines for Briefing on Defendants' Motion to Dismiss the First Amended Class Action Complaint is GRANTED. The June 11, 2018 hearing on Defendant's Motion to Dismiss is stricken. Plaintiff shall have until Monday, June 18, 2018 to file an opposition brief to Defendants' motion to dismiss the First Amended Class Complaint. Defendants shall have until Monday, July 2, 2018 to file a reply in support of their motion to dismiss. Defendants' motion to dismiss shall be heard on Monday, July 16, 2018 at 2:00 pm or as soon thereafter as may be convenient for the Court. (bm)
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| Filing 56 STIPULATION for Extension of Time to File Response and Reply as to NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Complaint #54 filed by Plaintiffs Julio C. Alas, Robert J Bugielski, Chad S Simecek. (Attachments: #1 Proposed Order Proposed Order)(Bloom, James) |
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Filing 55
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Virginia A. Phillips: granting #53 Non-Resident Attorney Jed W. Glickstein APPLICATION to Appear Pro Hac Vice on behalf of AT and T Inc. and AT and T Services, Inc., designating Eric Westlund as local counsel. (lom)
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| Filing 54 NOTICE OF MOTION AND MOTION to Dismiss First Amended Class Complaint filed by defendants AT and T Inc., AT and T Services, Inc.. Motion set for hearing on 6/11/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order) (Attorney Nancy G Ross added to party AT and T Inc.(pty:dft)) (Ross, Nancy) |
| Filing 53 APPLICATION of Non-Resident Attorney Jed W. Glickstein to Appear Pro Hac Vice on behalf of Defendants AT and T Inc., AT and T Services, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21717788) filed by Defendants AT and T Inc., AT and T Services, Inc.. (Attachments: #1 Proposed Order) (Attorney Eric Westlund added to party AT and T Inc.(pty:dft)) (Westlund, Eric) |
| Filing 52 NOTICE TO PARTIES: Effective April 17, 2018, Magistrate Judge Rozella A. Oliver will be located at the Edward R. Roybal Federal Building and U.S. Courthouse, COURTROOM 590 on the 5th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 590 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil and criminal documents in paper format exempted from electronic filing and for viewing case files and other records services is located at the Roybal Federal Building, 255 East Temple Street, Room 180 (Terrace Level), Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY |
| Filing 51 FIRST AMENDED COMPLAINT against Defendant All Plaintiffs amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Julio C. Alas(Bloom, James) |
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Filing 50
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #49 by Judge Virginia A. Phillips. Granting Non-Resident Attorney Garrett W. Wotkyns APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs. Ki;op C. Alas, Individually and as a representative of all persons similarly situated, designating Jason H. Kim as local counsel. (ab)
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| Filing 49 APPLICATION of Non-Resident Attorney Garrett W. Wotkyns to Appear Pro Hac Vice on behalf of Plaintiff Julio C. Alas (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21410045) filed by Plaintiff Julio C. Alas. (Attachments: #1 Proposed Or der) (Kim, Jason) |
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Filing 48
ORDER by Judge Virginia A. Phillips: Granting #43 REQUEST to Substitute Attorney: The Court hereby orders that the request of: Julio Alas, Plaintiff, to substitute Grant Savoy, Shoham Solouki, who is Retained Counsel, as attorney of record instead of Howard B. Prossnitz. The clerk is hereby ordered to terminate Notices of Electronic Filing for the withdrawing attorney(s) in this case. (bm)
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Filing 47
ORDER EXTENDING DEADLINES FOR (1) BRIEFING ON DEFENDANT'S MOTION TO DISMISS, OR (2) PLAINTIFF'S AMENDMENT OF COMPLAINT AND RESPONSE THERETO by Judge Virginia A. Phillips, re Stipulation for Extension of Time to File Response/Reply, #46 : Having considered the Parties' stipulation, and for good cause shown, the Parties' Stipulation Extending Deadlines for (1) Briefing on Defendant's Motion to Dismiss, or (2) Plaintiff's Amendment of Complaint and Response Thereto is GRANTED. The March 12, 2018 hearing on Defendant's Motion to Dismiss is stricken. Plaintiff shall have until March 27, 2018 to either oppose Defendant's Motion to Dismiss or amend his Complaint. Defendant shall have until May 8, 2018 to either file a reply brief in support of its Motion to Dismiss or to answer or otherwise respond to Plaintiff's Amended Complaint. If Plaintiff opposes the current Motion to Dismiss, the Parties shall confer regarding a mutually agreeable hearing date to occur after May 8, 2018 and shall thereafter contact the Court to request the selected date. If Plaintiff amends his Complaint and Defendant files a Motion to Dismiss the Amended Complaint, Defendant shall notice the matter in accordance with the Local Rules and the Court's law and motion schedule. (bm)
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| Filing 46 STIPULATION for Extension of Time to File (1) Briefing on Defendant's Motion to Dismiss, or (2) Plaintiff's Amendment of Complaint and Response Thereto filed by Plaintiff Julio C. Alas. (Attachments: #1 Proposed Order)(Bloom, James) |
| Filing 45 (IN CHAMBERS) SCHEDULING NOTICE: On the Court's own motion, Defendant's Motion to Dismiss #33 , set for 3/12/18 is hereby CONTINUED to 3/19/2018 at 02:00 PM before Chief Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
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Filing 44
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Virginia A. Phillips: granting #42 Non-Resident Attorney Richard E. Nowak APPLICATION to Appear Pro Hac Vice on behalf of AT and T Services, Inc, designating Eric A Westlund as local counsel. (lom)
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| Filing 43 REQUEST to Substitute attorney Grant Savoy, Shoham Solouki in place of attorney Howard B. Prossnitz filed by Plaintiff Julio C. Alas. (Attachments: #1 Proposed Order) (Prossnitz, Howard) |
| Filing 42 APPLICATION of Non-Resident Attorney Richard E. Nowak to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21321296) filed by Defendant AT and T Services, Inc.. (Attachments: #1 Proposed Order) (Westlund, Eric) |
| Filing 41 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Appearance #36 , #37 , #38 by Judge Virginia A. Phillips. The document is accepted as filed. (ab) |
| Filing 40 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION of Howard Prossnitz to Withdraw as Attorney and for Substitution of Attorneys for Plaintiff #32 by Judge Virginia A. Phillips. Document is Stricken. Moving party shall file the appropriate document in accordance with the Local Rules and procedures of the Court. (ab) |
| Filing 39 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #36 , Notice of Appearance #37 , Notice of Appearance #38 , Notice of Appearance #35 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 38 NOTICE of Appearance filed by attorney James Alton Bloom on behalf of Plaintiff Julio C. Alas (Attorney James Alton Bloom added to party Julio C. Alas(pty:pla))(Bloom, James) |
| Filing 37 NOTICE of Appearance filed by attorney Kyle G Bates on behalf of Plaintiff Julio C. Alas (Attorney Kyle G Bates added to party Julio C. Alas(pty:pla))(Bates, Kyle) |
| Filing 36 NOTICE of Appearance filed by attorney Todd M Schneider on behalf of Plaintiff Julio C. Alas (Attorney Todd M Schneider added to party Julio C. Alas(pty:pla))(Schneider, Todd) |
| Filing 35 NOTICE of Appearance filed by attorney Jason H Kim on behalf of Plaintiff Julio C. Alas (Attorney Jason H Kim added to party Julio C. Alas(pty:pla))(Kim, Jason) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Withdraw as Attorney and for Substitution of Attorneys #32 . The following error(s) was/were found: Document consists of multiple blank pages and should not have been noticed for court hearing. Counsel can obtain a G-01 form at the court's website at www.cacd.uscourts.gov and refile along with the additional attachment of the G-01 Order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant AT and T Services, Inc.. Motion set for hearing on 3/12/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Proposed Order) (Ross, Nancy) |
| Filing 32 [STRICKEN-PURSUANT TO ORDER DOCUMENT #40] NOTICE OF MOTION AND MOTION of Howard Prossnitz to Withdraw as Attorney and for Substitution of Attorneys for Plaintiff filed by Plaintiff Julio C. Alas. Motion set for hearing on 3/5/2018 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order) (Prossnitz, Howard) Modified on 2/22/2018 (ab). |
| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #30 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request for Substitution of Counsel. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Howard B Prossnitz counsel for Plaintiff Julio C. Alas. Howard B. Prossnitz is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Julio C. Alas. (Attachments: #1 Proposed Order)(Prossnitz, Howard) |
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Filing 29
ORDER RE: JOINT STIPULATION FOR DISMISSAL OF AT and T Inc. Without Prejudice And To Extend Time For AT and T Services, Inc. To Respond To Complaint by Judge Virginia A. Phillips, re Stipulation #28 : Having considered the Joint Stipulation for Dismissal of AT&T Inc. Without Prejudice and to Extend Time for AT&T Services, Inc. to Respond to Complaint, the Court hereby GRANTS the Joint Stipulation. Defendant AT and T Inc. is voluntarily dismissed without prejudice pursuant to F.R. Civ. Pro. 41 (a)(1) (A)(ii). Defendant AT and T Services Inc. shall respond to the complaint by February 12, 2018. (bm)
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| Filing 28 STIPULATION to Dismiss Defendant AT and T Inc. filed by Plaintiff Julio C. Alas. (Attachments: #1 Proposed Order)(Prossnitz, Howard) |
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Filing 27
ORDER by Judge Virginia A. Phillips: Granting #20 Non-Resident Attorney Laura R. Hammargren APPLICATION to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc., designating Eric A. Westlund as local counsel. (bm)
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Filing 26
ORDER by Judge Virginia A. Phillips: Granting #19 Non-Resident Attorney Nancy G. Ross APPLICATION to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc., designating Eric A. Westlund as local counsel. (bm)
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Filing 25
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #23 by Judge Virginia A. Phillips. Granting Non-Resident Attorney Brian D. Netter APPLICATION to Appear Pro Hac Vice on behalf of Defendant, AT&T Services, Inc., designating Eric A. Westlund as local counsel. (ab)
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Filing 24
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #21 by Judge Virginia A. Phillips. Granting Non-Resident Attorney Samuel P. Myler APPLICATION to Appear Pro Hac Vice on behalf of Defendant, AT&T Services, Inc., designating Eric A. Westlund as local counsel. (ab)
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| Filing 23 APPLICATION of Non-Resident Attorney Brian D. Netter to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20964863) filed by Defendant AT and T Services, Inc.. (Attachments: #1 Proposed Order) (Westlund, Eric) |
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Filing 22
ORDER RE: JOINT STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT #17 by Judge Virginia A. Phillips. Having considered the parties Joint Stipulation to Extend Time to Response to Initial Complaint, the Court hereby GRANTS the Joint Stipulation. Defendant AT&T Services shall answer or otherwise respond to the complaint by January 29, 2018. (ab)
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| Filing 21 APPLICATION of Non-Resident Attorney Samuel P. Myler to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20943813) filed by Defendant AT and T Services, Inc.. (Attachments: #1 Proposed Order) (Westlund, Eric) |
| Filing 20 APPLICATION of Non-Resident Attorney Laura R. Hammargren to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20943771) filed by Defendant AT and T Services, Inc.. (Attachments: #1 Proposed Order) (Westlund, Eric) |
| Filing 19 APPLICATION of Non-Resident Attorney Nancy G. Ross to Appear Pro Hac Vice on behalf of Defendant AT and T Services, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20943677) filed by Defendant AT and T Services, Inc.. (Attachments: # (1 ) Proposed Order) (Westlund, Eric) |
| Filing 18 NOTICE of Interested Parties filed by defendant AT and T Services, Inc., identifying AT&T Inc.; AT&T Teleholdings, Inc.. (Westlund, Eric) |
| Filing 17 STIPULATION for Extension of Time to File Answer to January 29, 2018 re Complaint (Attorney Civil Case Opening) #1 filed by defendant AT and T Services, Inc.. (Attachments: #1 Proposed Order)(Westlund, Eric) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Eric Westlund counsel for Defendant AT and T Services, Inc.. Adding Eric A. Westlund as counsel of record for AT&T Services, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Services, Inc.. (Attorney Eric Westlund added to party AT and T Services, Inc.(pty:dft))(Westlund, Eric) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney John Nadolenco counsel for Defendant AT and T Services, Inc.. Adding John Nadolenco as counsel of record for AT&T Services, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Services, Inc.. (Attorney John Nadolenco added to party AT and T Services, Inc.(pty:dft))(Nadolenco, John) |
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Filing 14
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Virginia A. Phillips: granting #12 Non-Resident Attorney Howard B. Prossnitz APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Julio C. Alas, designating Shoham J. Solouki as local counsel. (lt)
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| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #11 RE: PHV Application #10 by Clerk of Court. Document Stricken. Court notes PHV Application re-filed on 11/16/17. (bm) |
| Filing 12 Second APPLICATION of Non-Resident Attorney Howard B. Prossnitz to Appear Pro Hac Vice on behalf of Plaintiff Julio C. Alas (Pro Hac Vice Fee - $325 Previously Paid on 11/15/2017, Receipt No. 0973-20829371) filed by Plaintiff Julio C. Alas. (Solouki, Shoham) |
| Filing 11 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Howard B. Prossnitz to Appear Pro Hac Vice on behalf of Plaintiff Julio C. Alas (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20829371) #10 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. (lt) |
| Filing 10 STRICKEN PURSUANT TO COURT ORDER DATED 11/16/17, DOCUMENT #13 . First APPLICATION of Non-Resident Attorney Howard B. Prossnitz to Appear Pro Hac Vice on behalf of Plaintiff Julio C. Alas (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20829371) filed by Plaintiff Julio C. Alas. (Savoy, Grant) Modified on 11/17/2017 (bm). |
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Filing 9
STANDING ORDER ISSUED upon the filing of the complaint by Chief Judge Virginia A. Phillips. (bh)
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| Filing 8 CIVIL COVER SHEET filed by Plaintiff Julio C. Alas. (Solouki, Shoham) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: Other error(s) with document(s): Attachment 1 Civil Cover Sheet should have been e-filed separately and in its own event category of Civil Cover Sheet located under Civil Events - Other filings - Miscellaneous filings. No further action is required unless the Court so directs. (car) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants AT and T Inc., AT and T Services, Inc. (car) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Rozella A. Oliver. (car) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Alas Julio, identifying Plaintiff Julio C. Alas. (Solouki, Shoham) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Alas Julio. (Solouki, Shoham) |
| Filing 1 COMPLAINT Receipt No: 0973-20786740 - Fee: $400, filed by Plaintiff Alas Julio. (Attachments: #1 Civil Cover Sheet, #2 Affidavit Summons) (Attorney Shoham J Solouki added to party Alas Julio(pty:pla))(Solouki, Shoham) |
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