Michelle Mills et al v. Molina Healthcare, Inc. et al
| Michelle Mills, Coy Sarell, Chad Westover, Brent Aleshire, Barbara Kershner, Paula Schaub and Jennifer Silva |
| Molina Healthcare, Inc., John Does, The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee, NFP Retirement, Inc. and flexPATH Strategies, LLC |
| Chamber of Commerce of the United States of America |
| 2:2022cv01813 |
| March 18, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Gail J Standish |
| Otis D Wright |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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Filing 178
MINUTES OF Post-Settlement Status Conference and Joint Motion for Summary Judgment (Dkt. No. #153 and Mandatory Scheduling Conference held before Judge Stanley Blumenfeld, Jr.: The Court heard from the parties on the status of their settlement discussions. The Court CONTINUES the hearing on Defendants' motion for summary judgment to August 25, 2023 at 8:30 a.m. The remaining deadlines in the case management order are CONTINUED as follows: The parties' first and second sets of pretrial filings are due September 8 and 22, 2023, respectively. The pretrial conference is reset to October 13, 2023 at 10:00 a.m. The bench trial is reset to October 30, 2023 at 8:30 a.m., and the parties and their witnesses should be prepared to trail for up to 30 days if needed. Court Reporter: Amy Diaz. (jgr)
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Filing 177
NOTICE of Appearance filed by attorney William David Pollak on behalf of Defendant flexPATH Strategies, LLC (Attorney William David Pollak added to party flexPATH Strategies, LLC(pty:dft))(Pollak, William)
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Filing 176
SEALED DOCUMENT Declaration of Nathan D. Stump re Miscellaneous Document, #170 , Order on Motion for Leave to File Document Under Seal, #174 filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover.(Struckhoff, Kurt)
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Filing 173
NOTICE of Change of Lead Counsel changing lead counsel from not specified to David Tetrick, Jr.. filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee, (Tetrick, David)
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Filing 175
ORDER GRANTING PLAINTIFFS' REQUEST TO EXCUSE THE ATTENDANCE OF LEAD COUNSEL by Judge Stanley Blumenfeld, Jr.: The Court hereby GRANTS the Request to excuse Plaintiffs' lead counsel, Nathan D. Stump, from the post-settlement status conference #170 , and excuses Mr. Stump from the post-settlement status conference set for 7/21/2023. (gk)
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Filing 174
ORDER GRANTING PLAINTIFFS APPLICATION FOR LEAVE TO FILE DOCUMENT UNDER SEAL by Judge Stanley Blumenfeld, Jr.: The Court hereby GRANTS Plaintiffs' Application for Leave to File Document Under Seal in Connection with Plaintiffs' Request to Excuse the Attendance of Lead Counsel and Notice Regarding Pre-Trial Conference and Trial Schedule #171 , and orders that the Declaration of Nathan D. Stump shall be filed under seal. (gk)
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Filing 172
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Nathan D. Stump under seal #171 filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Declaration Nathan D. Stump)(Struckhoff, Kurt)
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Filing 171
APPLICATION to file document Declaration of Nathan D. Stump under seal filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order)(Struckhoff, Kurt)
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Filing 170
Request to Excuse the Attendance of Lead Counsel at Status Conference filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover re: Generic Text Only Entry,,,,, 169 (Attachments: #1 Proposed Order)(Struckhoff, Kurt)
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Filing 169
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court advises the parties that it does not expect to hear argument on the pending summary judgment motion on July 21. Accordingly, although the Court always prefers in-person appearances, the Court will permit counsel to appear remotely by Zoom at the post-settlement status conference, which remains set for July 21. The parties shall meet and confer and inform the Court in a single joint email to the chambers email address whether any counsel intends to appear by Zoom. The Court will address the remaining deadlines and the resetting of the summary judgment hearing at the July 21 conference. Further, as directed in the Court's Standing Order for Civil Cases, only one attorney for each party may be designated as lead counsel. Lead counsel must attend all proceedings set by this Court and must be prepared to address and resolve all matters within the scope of the proceeding. Defendant Molina Healthcare, Inc. have multiple attorneys but have failed to designate lead counsel. Counsel for Defendant Molina Healthcare, Inc. are directed to update the docket to comply with this requirement by no later than noon on July 19, 2023. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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Filing 168
Notice of Change of Firm Name filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Struckhoff, Kurt)
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Filing 167
(IN CHAMBERS) ORDER by Judge Stanley Blumenfeld, Jr.: The Court GRANTS the parties' renewed request to continue the post-settlement status conference from July 14 to 8:30 a.m. on July 21 (the same time as the hearing on the summary judgment motion). Defense counsel's alternative request to appear remotely on July 14 is therefore DENIED as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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Filing 166
DECLARATION of Catalina Vergara re Mediation Report (ADR-3) Unable to Reach Agreement,, #165 and Request to Appear Remotely at Post-Settlement Status Conference filed by Defendant flexPATH Strategies, LLC. (Vergara, Catalina)
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Filing 165
MEDIATION REPORT Filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover: Mediation held on June 26, 2023. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Struckhoff, Kurt)
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Filing 164
ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Patrick R. Kutz to Appear Pro Hac Vice on behalf of Plaintiffs Michelle Mills, et al., designating William H. Edmonson as local counsel #157 . (gk)
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Filing 163
REPLY in Support of Joint NOTICE OF MOTION AND MOTION for Summary Judgment / Notice of Motions and Motions for Summary Judgment #153 filed by Defendant flexPATH Strategies, LLC. (Vergara, Catalina)
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Filing 162
REPLY in Support of Joint NOTICE OF MOTION AND MOTION for Summary Judgment / Notice of Motions and Motions for Summary Judgment #153 filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (Fugate, Jeanne)
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Filing 161
ORDER GRANTING MOTION TO CONTINUE by Judge Stanley Blumenfeld, Jr.: On 6/14/2023, the Molina Defendants filed a motion to continue the July 7 hearing on the pending motion for summary judgment to July 21 based on the unavailability of lead counsel #159 , along with a separate motion for expedited briefing and decision on the motion #160 . The Court GRANTS the motion to continue the summary judgment #153 hearing to 7/21/2023 at 8:30 AM and DENIES the motion to expedite briefing as moot. Defendants' supplemental briefs remain due on 6/23/2023. The remaining deadlines in the Court's 5/17/2023 scheduling order--including the June 30 settlement conference deadline and the July 3 joint report deadline--remain unchanged. The Court declines to continue the July 14 post-settlement status conference to July 21 at this time but will consider doing so after reviewing the parties' post-settlement status report; the parties may renew their request in that report if they so wish. (gk)
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Filing 160
NOTICE OF MOTION AND MOTION to Expedite Briefing and Decision on Motion to Continue the July 7, 2023 Summary Judgment Hearing filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (Attachments: #1 Proposed Order) (Fugate, Jeanne)
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Filing 159
NOTICE OF MOTION AND MOTION to Expedite Briefing and Decision on Motion to Continue the July 7, 2023 Summary Judgment Hearing filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (Attachments: #1 Declaration of D. Shuler, #2 Proposed Order) (Fugate, Jeanne)
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Filing 158
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Patrick R. Kutz to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, #157 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt)
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Filing 157
First APPLICATION of Non-Resident Attorney Patrick R. Kutz to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35485698) filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order [Proposed] Order Granting PHV Application) (Edmonson, William)
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Filing 156
PROOF OF SERVICE filed by Defendant flexPATH Strategies, LLC, re Sealed Declaration in SupportDeclaration,,,,,, #155 served on June 9, 2023. (Vergara, Catalina)
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Filing 155
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents Under Seal in Connection with Defendants' Motions for Summary Judgment under seal #154 filed by Defendant flexPATH Strategies, LLC. (Attachments: #1 Declaration of Nicholas Della Vedova in Support of Application for Leave to File Certain Summary Judgment Documents Under Seal, #2 Declaration of Matthew Soifer in Support of Application for Leave to File Certain Summary Judgment Documents Under Seal, #3 Declaration of Darren Shuler in Support of Application for Leave to File Certain Summary Judgment Documents Under Seal, #4 Declaration of Codruta Boggs in Support of Application for Leave to File Certain Summary Judgment Documents Under Seal, #5 Joint Appendix of Facts in Support of Defendants' Motions for Summary Judgment, #6 Exhibit 13, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20, #10 Exhibit 33, #11 Exhibit 34, #12 Exhibit 38, #13 Exhibit 39, #14 Exhibit 40, #15 Exhibit 56, #16 Exhibit 84, #17 Exhibit 86, #18 Exhibit 87, #19 Exhibit 88, #20 Exhibit 89, #21 Exhibit 91, #22 Exhibit 98, #23 Exhibit 101, #24 Exhibit 105, #25 Exhibit 124, #26 Exhibit 125, #27 Exhibit 129, #28 Exhibit 136, #29 Exhibit 137, #30 Exhibit 138, #31 Exhibit 139, #32 Exhibit 142, #33 Exhibit 143, #34 Exhibit 144, #35 Exhibit 145, #36 Exhibit 146, #37 Exhibit 151)(Vergara, Catalina)
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Filing 154
APPLICATION to file document / Defendants' Unopposed Application for Leave to File Certain Documents Under Seal in Connection with Defendants' Motions for Summary Judgment under seal filed by Defendant flexPATH Strategies, LLC. (Attachments: #1 Proposed Order)(Vergara, Catalina)
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Filing 153
Joint NOTICE OF MOTION AND MOTION for Summary Judgment / Notice of Motions and Motions for Summary Judgment filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee, flexPATH Strategies, LLC. Motion set for hearing on 7/7/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Joint Brief Relating to Molina Defendants' Motion for Summary Judgment and Flexpath Strategies, LLC's Motion for Summary Judgment, #2 Joint Appendix of Facts in Support of Defendants' Motions for Summary Judgment, #3 Joint Appendix of Evidence in Support of Defendants' Motions for Summary Judgment - Part 1, #4 Joint Appendix of Evidence in Support of Defendants' Motions for Summary Judgment - Part 2, #5 Joint Appendix of Evidence in Support of Defendants' Motions for Summary Judgment - Part 3, #6 Joint Appendix of Evidence in Support of Defendants' Motions for Summary Judgment - Part 4, #7 Joint Appendix of Evidence in Support of Defendants' Motions for Summary Judgment - Part 5, #8 Proposed Judgment) (Vergara, Catalina)
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Filing 152
NOTICE of Appearance filed by attorney Brian David Boyle on behalf of Defendant flexPATH Strategies, LLC (Attorney Brian David Boyle added to party flexPATH Strategies, LLC(pty:dft))(Boyle, Brian)
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Filing 151
ORDER CONTINUING DEADLINES IN THE CASE MANAGEMENT ORDER #150 by Judge Stanley Blumenfeld, Jr. The Court hereby modifies the CMO by adopting the Proposed Dates (as modified) in the table below. Deadlines: Bench Trial set for 9/18/2023; Pretrial Conference set for 8/25/2023. See table for other deadlines. (lom)
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Filing 150
STIPULATION to Continue Settlement Conference and Related Deadlines filed by Defendant flexPATH Strategies, LLC. (Attachments: #1 Proposed Order)(Vergara, Catalina)
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Filing 149
ORDER GRANTING MOTIONS TO EXCEED PAGE LIMITS AND EXPEDITE BRIEFING, EXTENDING DEADLINE, AND ORDERING PARTIES TO MEET AND CONFER by Judge Stanley Blumenfeld, Jr.: Plaintiffs filed a motion to exceed page limits on their portion of the joint summary judgment brief #147 and a motion for expedited consideration of that motion #148 . The Court GRANTS Plaintiffs' motions and will allow them 37 pages to respond to Defendants' arguments. To the extent the summary judgment record can be further focused, it would better serve the interest of judicial economy to do so now, rather than after the completed motion is filed with the Court. Accordingly, the Court will extend the non-discovery motion hearing deadline by three weeks to 7/7/2023. The Court ORDERS the parties to promptly meet and confer and to attempt to reduce the summary judgment record by excising the exhibits and facts that are not necessary to the issues on which the Court will need to rule. See document for further details. (gk)
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Filing 148
NOTICE OF MOTION AND MOTION to Expedite Briefing and Decision on Motion for Additional Pages filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Motion set for hearing on 6/2/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum in Support, #2 Proposed Order re Expedited Briefing and Decision) (Doles, Troy)
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Filing 147
NOTICE OF MOTION AND MOTION to Exceed Page Limitation for Joint Brief re Summary Judgement filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Motion set for hearing on 6/2/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum in Support, #2 Proposed Order re Additional Pages) (Doles, Troy)
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Filing 146
Notice of Appearance or Withdrawal of Counsel: for attorney Nathan H. Emmons counsel for Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Nathan H. Emmons 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 Michelle Mills, et al.. (Emmons, Nathan)
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Filing 145
ORDER GRANTING IN PART PLAINTIFFS' MOTION TO CONTINUE #141 by Judge Stanley Blumenfeld, Jr.: The Court VACATES the April 28 motion hearing and GRANTS IN PART Plaintiff's motion to continue. The Court CONTINUES the deadlines in the case management order (CMO) (Dkt. No. #89 ) as follows: The expert discovery deadline and hearing deadline for discovery motions addressing expert discovery are continued to June 2, 2023. Initial expert disclosures are due April 24, 2023. Rebuttal expert disclosures are due May 22, 2023. The non-discovery motion hearing deadline is continued to June 16, 2023. All other deadlines in the CMO remain unchanged. SEE ORDER FOR DETAILS. (jgr)
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Filing 144
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 5/1/2023 #141 (Defendants' Response to Plaintiffs' Motion for Continuance of Deadlines in the CMO and Notice of Non-Opposition to the Court's Tentative Ruling on the Same) filed by Defendant flexPATH Strategies, LLC. (Vergara, Catalina)
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Filing 143
ORDER RE: MOTION TO CONTINUE [DKT. NO. 141] by Judge Stanley Blumenfeld, Jr. To allow Defendants to be heard, the Court GRANTS Plaintiffs' motion for expedited consideration and ORDERS that if any Defendant is opposed to the Court's tentative ruling,1 it shall file an expedited opposition no later than March 31, 2023. The Court will construe the absence of a timely opposition as consent to the Courts tentative ruling. If any Defendant files an opposition, Plaintiffs' reply, if any, shall be filed by April 3, 2023. (SEE ORDER FOR FURTHER DETAILS) (et)
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Filing 142
NOTICE OF MOTION AND MOTION to Expedite Briefing and Decision on Motion for Continuance filed by PLAINTIFFS Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Motion set for hearing on 4/28/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum Memorandum in Support, #2 Proposed Order Proposed Order) (Doles, Troy)
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Filing 141
NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 5/1/2023 filed by PLAINTIFFS Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Motion set for hearing on 4/28/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum Memorandum in Support, #2 Declaration Declaration of Troy A. Doles, #3 Proposed Order Proposed Order) (Doles, Troy)
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Filing 140
ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Troy A. Doles to Appear Pro Hac Vice on behalf of Plaintiffs Michelle Mills, et al., designating William H. Edmonson as local counsel #133 . (gk)
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Filing 139
ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Nathan E. Emmons to Appear Pro Hac Vice on behalf of Plaintiffs Michelle Mills, et al., designating William H. Edmonson as local counsel #132 . (gk)
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Filing 138
ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Heather Lea to Appear Pro Hac Vice on behalf of Plaintiffs Michelle Mills, et al., designating William H. Edmonson as local counsel #134 . (gk)
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Filing 137
ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION FOR CONTINUANCE OF DEADLINES IN THE CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: Because the application fails to meet the standards for ex parte relief and for modifying the Court's scheduling order, the application #129 is DENIED. Should Defendants fail to complete their productions as anticipated or should some other reason requiring an extension of the deadline arise, Plaintiffs may request appropriate relief at that time. The Court cautions Plaintiffs, however, that such a request should only be made because of changed circumstances and for good cause shown (as defined in the MSC and CMO Orders, including the admonition about the risk of strategic ordering of discovery). (gk)
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Filing 136
NOTICE of Appearance filed by attorney Jacob N. Chambers on behalf of Defendant flexPATH Strategies, LLC (Attorney Jacob N. Chambers added to party flexPATH Strategies, LLC(pty:dft))(Chambers, Jacob)
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Filing 135
NOTICE OF ERRATA filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. correcting First APPLICATION of Non-Resident Attorney Nathan H. Emmons to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, #132 (Edmonson, William)
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Filing 134
First APPLICATION of Non-Resident Attorney Heather Lea to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34851090) filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order) (Edmonson, William)
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Filing 133
First APPLICATION of Non-Resident Attorney Troy A. Doles to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34850827) filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order) (Edmonson, William)
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Filing 132
First APPLICATION of Non-Resident Attorney Nathan H. Emmons to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34850669) filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order) (Edmonson, William)
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Filing 131
Molina Defendants' Opposition to Plaintiffs' Ex Parte Application for Continuance of Deadlines in the Case Management Order Opposition re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 5/12/2023 #129 filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (Attachments: #1 Declaration of D. Shuler, #2 Exhibit 1, #3 Exhibit 2)(Fugate, Jeanne)
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Filing 130
MEMORANDUM in Opposition to EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 5/12/2023 #129 filed by Defendant flexPATH Strategies, LLC. (Attachments: #1 Declaration of Catalina Vergara, #2 Exhibit 1, #3 Exhibit 2)(Vergara, Catalina)
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Filing 129
EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 5/12/2023 filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Memorandum, #2 Declaration Kurt C. Struckhoff, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Proposed Order) (Struckhoff, Kurt)
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Filing 128
STIPULATION for Joinder in Amended Complaint/Petition, #79 of Unnamed Individual Fiduciaries of the Molina Defendants filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover.(Stump, Nathan)
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Filing 127
ORDER GRANTING MOTION FOR CLASS CERTIFICATION #120 by Judge Stanley Blumenfeld, Jr. Accordingly, the Court accepts the parties stipulation at Dkt. No. 124 and GRANTS Plaintiffs motion for class certification as follows: 1. The Court certifies the class, which is defined as all participants of the Molina Salary Savings Plan from March 18, 2016 through October 26, 2020 who invested in a flexPATH Index target date fund through an individual Plan account, and their beneficiaries, excluding Defendants. 2. Plaintiffs Michelle Mills, Coy Sarell, Chad Westover, Brent Aleshire, Barbara Kershner, Paula Schaub, and Jennifer Silva are appointed as class representatives. 3. The attorneys of Schlichter Bogard & Denton LLP who have entered their appearances in this action are appointed class counsel under Rule 23(g). IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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Filing 126
AMENDED ANSWER to Amended Complaint/Petition, #79 [Molina Defendants' Answer to Plaintiffs' Second Amended Complaint] filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (Fugate, Jeanne)
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Filing 125
ANSWER to Amended Complaint/Petition, #79 DEFENDANT FLEXPATH STRATEGIES, LLC'S ANSWER TO PLAINTIFFS' SECOND AMENDED COMPLAINT filed by Defendant flexPATH Strategies, LLC.(Vergara, Catalina)
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Filing 124
STIPULATION to Certify Class filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order)(Stump, Nathan)
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Filing 123
ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS SECOND AMENDED COMPLAINT [DKT. NOS. 94, 96] AND GRANTING MOTION TO STRIKE PLAINTIFFS' JURY TRIAL DEMAND by Judge Stanley Blumenfeld, Jr.: Defendants' motion to strike Plaintiffs' jury demand #92 is GRANTED. Defendants' motions to dismiss #94 , #96 are GRANTED IN PART as follows: Plaintiffs' claims against Defendant NFP in Counts One and Four are DISMISSED as time-barred, and Plaintiffs' claims against the Molina Defendants and NFP in Count Two and against the Molina Defendants in Count Five are dismissed for failure to state a claim. The motions are otherwise DENIED. Remaining for further adjudication are Plaintiffs' claims against the Molina Defendants and flexPATH in Counts One and Four and their claim against Molina and the Board in Count Three. (gk)
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Filing 121
Corrected APPLICATION of Non-Resident Attorney Lauren Newman Smith to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 11/30/2022, Receipt No. 34402500) filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order) (Fugate, Jeanne)
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Filing 120
NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Motion set for hearing on 1/20/2023 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Memorandum, #2 Declaration Nathan D. Stump, #3 Exhibit 1 2015 Form 5500, #4 Exhibit 2 2016 Form 5500, #5 Exhibit 3 2017 Form 5500, #6 Exhibit 4 2018 Form 5500, #7 Exhibit 5 2019 Form 5500, #8 Exhibit 6 2020 Form 5500, #9 Exhibit 7 2021 Form 5500, #10 Declaration Jerome J. Schlichter and Firm Biographies, #11 Declaration Brent Aleshire, #12 Declaration Barbara Kershner, #13 Declaration Michelle Mills, #14 Declaration Coy Sarell, #15 Declaration Paula Schaub, #16 Declaration Jennifer Silva, #17 Declaration Chad Westover, #18 Proposed Order) (Stump, Nathan)
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Filing 122
ORDER by Judge Stanley Blumenfeld, Jr. Granting Application of Non-Resident Attorney Lauren Newman Smith to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc., designating Jeanne A. Fugate as local counsel #121 . (gk)
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Filing 119
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Lauren Newman Smith to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34402500) #118 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. Case information is incorrect. Please note DJ and MJ Notice of Reassignment, dated 8/24/22, Dkt. 63. (lt)
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Filing 118
APPLICATION of Non-Resident Attorney Lauren Newman Smith to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34402500) filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Proposed Order) (Fugate, Jeanne)
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Filing 117
STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order #113 . [See document for further information] (et)
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Filing 116
STIPULATION AND ORDER FOR DISCOVERY OF HARD COPY DOCUMENTS AND ELECTRONICALLY STORED INFORMATION by Magistrate Judge Gail J. Standish: re Stipulation for Order, #115 . Pursuant to Civil Local Rule 5-4.3.4, I hereby attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing of this document. [See Order for details] (et)
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Filing 115
STIPULATION for Order Order for Discovery of Hard Copy Documents and Electronically Stored Information filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order Stipulation and Order for Discovery of Hard Copy Documents and Electronically Stored Information)(Stump, Nathan)
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Filing 114
[Minutes of] Motions to Dismiss Second Amended Complaint (Dkt. Nos. 94, 96) and Motion to Strike Plaintiffs Jury Trial Demand (Dkt. No. 92) (Held and Completed) held before Judge Stanley Blumenfeld, Jr: Case called and appearances made. The Court hears from the parties on the Courts tentative ruling. The Court takes the matter under submission. Court Reporter: Suzanne McKennon. (shb)
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Filing 113
STIPULATION for Protective Order filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order Protective Order)(Stump, Nathan)
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Filing 112
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint: Memorandum of Points and Authorities in Support Thereof #96 REPLY IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE ACCOMPANYING MOTION OF DEFENDANTS NFP RETIREMENT, INC. AND FLEXPATH STRATEGIES, LLC'S TO DISMISS SECOND AMENDED COMPLAINT [96-2] filed by Defendants NFP Retirement, Inc., flexPATH Strategies, LLC. (Vergara, Catalina)
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Filing 111
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint: Memorandum of Points and Authorities in Support Thereof #96 filed by Defendants NFP Retirement, Inc., flexPATH Strategies, LLC. (Vergara, Catalina)
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Filing 110
REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint #94 filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (Fugate, Jeanne)
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Filing 109
MEMORANDUM of Points and Authorities in Opposition filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Re: Request for Judicial Notice, #95 (Stump, Nathan)
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Filing 108
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint: Memorandum of Points and Authorities in Support Thereof #96 filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Stump, Nathan)
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Filing 107
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint #94 filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Stump, Nathan)
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Filing 106
REPLY in Support of NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Jury Trial Demand MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #92 filed by Defendants NFP Retirement, Inc., flexPATH Strategies, LLC. (Vergara, Catalina)
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Filing 105
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Stanley Blumenfeld, Jr. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Michelle Mills, et al., designating William H. Edmonson as local counsel. granting #101 Non-Resident Attorney Scott A. Bumb (rolm)
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Filing 104
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Jury Trial Demand MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #92 filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Soyars, Sean)
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Filing 103
ORDER DEFERRING RULING ON MOTION TO PARTICIPATE AS AMICUS #98 by Judge Stanley Blumenfeld, Jr: The Court defers ruling on whether to consider the Chambers amicus brief. SEE ORDER FOR DETAILS. (jgr)
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Filing 102
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Participate as Amicus Curiae #98 filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Stump, Nathan)
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Filing 101
First APPLICATION of Non-Resident Attorney Scott A. Bumb to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34188757) filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order) (Edmonson, William)
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Filing 100
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Participate as Amicus Curiae #98 (Attachments: #1 Proposed Order Granting the Chamber of Commerce of the United States of America's Motion for Leave to Participate as Amicus Curiae)(Santos, Jaime)
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Filing 99
ORDER RE: MOTION TO PARTICIPATE AS AMICUS #98 by Judge Stanley Blumenfeld, Jr.: SEE ORDER FOR DETAILS AND FILING DEADLINES. (jgr)
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Filing 98
NOTICE OF MOTION AND MOTION to Participate as Amicus Curiae filed by Amicus Curiae Chamber of Commerce of the United States of America. Motion set for hearing on 11/18/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Exhibit A - Brief of Amicus Curiae the Chamber of Commerce of the United States of America in Support of Defendants' Motions to Dismiss the Second Amended Complaint) (Attorney Jaime Santos added to party Chamber of Commerce of the United States of America(pty:am)) (Santos, Jaime)
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Filing 97
(IN CHAMBERS) ORDER ADVANCING MOTION HEARING DATES AND BRIEFING DEADLINES by Judge Stanley Blumenfeld, Jr.: The Court ADVANCES the hearings on the Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint filed by Defendants Molina Healthcare, Inc. and the Motion to Dismiss Second Amended Complaint filed by Defendant NFP Retirement, Inc., flexPATH Strategies, LLC to November 18, 2022 at 8:30 a.m. in Courtroom 6C. Dkt. Nos. #94 , #96 . Further, the Court ADVANCES the parties' briefing schedule a follows: Plaintiffs' opposition is due October 28, 2022, and Defendants' reply, if any, is due by November 4, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jgr) TEXT ONLY ENTRY
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Filing 96
NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint: Memorandum of Points and Authorities in Support Thereof filed by Defendants NFP Retirement, Inc., flexPATH Strategies, LLC. Motion set for hearing on 12/2/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Request for Judicial Notice in Support of Motion to Dismiss Second Amended Complaint, #2 Declaration of Catalina Vergara in Support of Defendants NFP Retirement, Inc. and Flexpath Strategies LLC's Motion to Dismiss Second Amended Complaint, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Proposed Order) (Vergara, Catalina)
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Filing 95
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint #94 filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (Attachments: #1 Proposed Order)(Fugate, Jeanne)
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Filing 94
NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. Motion set for hearing on 12/2/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Declaration of D. Schuler, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order) (Fugate, Jeanne)
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Filing 93
ORDER ADVANCING BRIEFING DEADLINES by Judge Stanley Blumenfeld, Jr.: On 10/7/2022, Defendants filed their Motion to Strike Plaintiffs' Jury Demand #92 , which they set for hearing on 11/18/2022. At the mandatory scheduling conference, Plaintiffs represented that this is a legal issue that they regularly litigate. The Court ADVANCES the parties' briefing deadlines as follows: Plaintiffs' opposition is due by 10/24/2022, and Defendants' reply, if any, is due by 10/28/2022. (gk)
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Filing 92
NOTICE OF MOTION AND MOTION to Strike Plaintiffs' Jury Trial Demand MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendants' NFP Retirement, Inc., flexPATH Strategies, LLC. Motion set for hearing on 11/18/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order) (Attorney Catalina J Vergara added to party flexPATH Strategies, LLC(pty:dft)) (Vergara, Catalina)
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Filing 88
ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO SECOND AMENDED COMPLAINT #87 by Judge Stanley Blumenfeld, Jr that (1) The Molina Defendants and NFP are relieved of their obligation to respond to the SAC by September 28, 2022. (2) flexPATH is relieved of its obligation to respond to the SAC by October 7, 2022. (3) All Defendants shall have until October 12, 2022 to file their responses to the SAC. (jp)
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Filing 91
ORDER RE MOTIONS FOR SUMMARY JUDGMENT by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 90
PRETRIAL AND TRIAL ORDER by Judge Stanley Blumenfeld, Jr. (jgr)
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Filing 89
CASE MANAGEMENT ORDER by Judge Stanley Blumenfeld, Jr.: The Court has reviewed the Joint Rule 26(f) Report and the parties' proposed revised case schedule and sets the pretrial and trial dates noted in the table below based on an evaluation of the complexity of the case. Jury Trial set for 9/18/2023 08:30 AM before Judge Stanley Blumenfeld Jr. Final Pretrial Conference and Hearing on Motions in Limine set for 8/25/2023 10:00 AM before Judge Stanley Blumenfeld Jr. Motion to Amend Pleadings/Add Parties (Hearing Deadline) 12/1/2022. Motion for Class Certification due by 12/2/2022. Motion for Class Certification Hearing on 1/20/2023. Non-Expert Discovery cut-off 3/13/2023. Discovery Motion Hearing Deadline 5/19/2023. See document for further details. (gk)
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Filing 87
STIPULATION Extending Time to Answer the complaint as to The Board of Directors of Molina Healthcare, Inc. answer now due 10/12/2022; Molina Healthcare, Inc. answer now due 10/12/2022; The Molina Salary Savings Plan Investment Committee answer now due 10/12/2022; NFP Retirement, Inc. answer now due 10/12/2022; flexPATH Strategies, LLC answer now due 10/12/2022, re Amended Complaint/Petition, #79 filed by Defendants The Board of Directors of Molina Healthcare, Inc.; Molina Healthcare, Inc.; The Molina Salary Savings Plan Investment Committee. (Attachments: #1 Proposed Order)(Fugate, Jeanne)
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Filing 86
Notice filed by Defendant NFP Retirement, Inc., flexPATH Strategies, LLC. / Notice of Proposed Revised Case Schedule (Attachments: #1 Proposed Order)(Vergara, Catalina)
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Filing 85
MINUTES OF Mandatory Scheduling Conference (Held and Completed) held before Judge Stanley Blumenfeld, Jr. Case called and appearances made. The Court and counsel confer. The Court orders the parties to meet and confer promptly and no later than September 20, 2022, to file a joint proposed scheduling order with a trial date of September 18, 2023. The parties shall also meet and confer promptly about Plaintiffs jury demand. If Plaintiffs do not withdraw their jury demand, Defendants shall file their motion to strike it no later than October 7, 2022. Court Reporter: Miranda Algorri. (rolm)
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Filing 84
21-Day Summons Issued re Second Amended Complaint #79 as to Defendant flexPATH Strategies, LLC. (gk)
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Filing 83
ORDER DENYING MOTIONS TO DISMISS AS MOOT by Judge Stanley Blumenfeld, Jr: The Court accepts the SAC as timely filed under Rule 15(a)(1). The motions to dismiss the FAC at Dkt. Nos. #58 and #60 are therefore DENIED as moot, and Defendants shall answer or otherwise respond to the SAC within the time allowed by Rule 15(a)(3). To avoid confusion, the SAC will be deemed filed as of the date this order is entered. The parties joint stipulation for an extension of the briefing schedule on the motions to dismiss the FAC, Dkt. No. #82 , is DENIED as moot. SEE ORDER FOR DETAILS. (jgr)
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Filing 82
Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint #60 , NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint ; Memorandum of Points and Authorities in Support Thereof #58 filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order)(Stump, Nathan)
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Filing 81
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Amended Complaint/Petition, #79 , Summons Request #80 . The following error(s) was/were found: The docket does not reflect written consent or leave of Court to amend, F.R.Civ.P. 15(a)(1)(B), 15(a)(2). 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. (gk)
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Filing 80
Request for Clerk to Issue Summons on Amended Complaint/Petition, #79 filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Schlichter, Jerome)
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Filing 79
Second AMENDED COMPLAINT against Defendant Molina Healthcare, Inc., NFP Retirement, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee, flexPATH Strategies, LLC amending Amended Complaint/Petition, #43 , filed by Plaintiff Paula Schaub, Chad Westover, Jennifer Silva, Coy Sarell, Brent Aleshire, Michelle Mills, Barbara Kershner(Schlichter, Jerome)
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Filing 78
ORDER ON APPLICATION OF NONRESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #76 by Judge Stanley Blumenfeld, Jr. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Michelle Mills, Coy Sarel, Chad Westover, Brent Aleshire, Barbara Kershner, Paula Schaub, and Jennifer Silva l, designating William H. Edmonson as local counsel. granting #76 Non-Resident Attorney Nathan D. Stump (rolm)
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Filing 77
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 Court Days, filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover.. (Struckhoff, Kurt)
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Filing 76
First APPLICATION of Non-Resident Attorney Nathan D. Stump to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33924041) filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order [Proposed] Order Granting PHV Application) (Edmonson, William)
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Filing 75
ORDER by Judge Stanley Blumenfeld, Jr: granting #69 Non-Resident Attorney Patrick V. Plassio MOTION to Appear Pro Hac Vice on behalf of NFP Retirement, Inc., designating Kevin Alan Kraft as local counsel. (lom)
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Filing 74
ORDER by Judge Stanley Blumenfeld, Jr: granting #68 Non-Resident Attorney Meaghan VerGow MOTION to Appear Pro Hac Vice on behalf of NFP Retirement, Inc., designating Kevin Alan Kraft as local counsel. (lom)
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Filing 73
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. The documents at Dkt. No. #68 , #69 are accepted as filed. (jgr)
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Filing 72
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: NOTICE OF MOTION AND MOTION of Non-Resident Attorney Patrick V. Plassio to Appear Pro Hac Vice on behalf of Defendant NFP Retirement, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 8/25/2022, Receipt No. ACACDC-33863881) #69 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Other error(s) with document(s): Document is an Application not a Noticed Motion. See form caption. (lt)
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Filing 71
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: NOTICE OF MOTION AND MOTION of Non-Resident Attorney Meaghan Vergow to Appear Pro Hac Vice on behalf of Defendant NFP Retirement, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 8/25/2022, Receipt No. ACACDC-33863823) #68 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Document is an Application not a Noticed Motion. See form caption. Other error(s) with document(s): Document is an Application not a Noticed Motion. See form caption. (lt)
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Filing 70
STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE STANLEY BLUMENFELD, JR. by Judge Stanley Blumenfeld, Jr.: Counsel for the plaintiff must immediately serve this Order on all parties, including any new parties to the action. See document for details. (gk)
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Filing 69
NOTICE OF MOTION AND MOTION of Non-Resident Attorney Patrick V. Plassio to Appear Pro Hac Vice on behalf of Defendant NFP Retirement, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 8/25/2022, Receipt No. ACACDC-33863881) filed by Defendant NFP Retirement, Inc.. (Attachments: #1 Proposed Order) (Kraft, Kevin)
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Filing 68
NOTICE OF MOTION AND MOTION of Non-Resident Attorney Meaghan Vergow to Appear Pro Hac Vice on behalf of Defendant NFP Retirement, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 8/25/2022, Receipt No. ACACDC-33863823) filed by Defendant NFP Retirement, Inc.. (Attachments: #1 Proposed Order) (Kraft, Kevin)
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Filing 67
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Mandatory Scheduling Conference set for hearing on September 16, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by September 6, 2022 (10 DAYS PRIOR TO HEARING DATE.) SEE ORDER FOR FURTHER DETAILS. (hc)
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Filing 66
SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr: The hearing on Defendants Motions to Dismiss, (Dkt. Nos. #58 , #60 , will be held before Judge Stanley Blumenfeld, Jr. on October 7, 2022 at 8:30 a.m. in Courtroom 6C. Plaintiffs opposition should be filed no later than September 16, 2022, and Defendants replies should be filed no later than September 23, 2022.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY
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Filing 65
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Stanley Blumenfeld, Jr. The document (Dkt. Nos. #53 & #54 ) are stricken without prejudice to refiling in accordance with the Local Rules and regulations as indicated in the notice to filer of deficiencies (Dkt. No. #64 ). (hc)
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Filing 64
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Patrick V. Plassio to Appear Pro Hac Vice on behalf of Defendant NFP Retirement, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33863881) #54 , APPLICATION of Non-Resident Attorney Meaghan VerGow to Appear Pro Hac Vice on behalf of Defendant NFP Retirement, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33863823) #53 . The following error(s) was/were found: 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 for either applicant or local counsel. See Instructions for Applicants (1). (lt)
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Filing 63
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Stanley Blumenfeld, Jr for all further proceedings. Case number now reads as 2:22-cv-01813 SB(GJSx). (rn)
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Filing 62
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 21-01 by Judge Otis D. Wright, II. Case transferred from Judge Otis D. Wright, II to the calendar of Judge Christina A. Snyder for all further proceedings. Case number now reads as 2:22-cv-01813 CAS(GJSx). (rn)
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Filing 61
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint #60 filed by Defendants Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (Attachments: #1 Proposed Order)(Fugate, Jeanne)
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Filing 60
NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by Defendant Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. Motion set for hearing on 10/24/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Declaration of Darren Shuler, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order Proposed Order) (Fugate, Jeanne)
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Filing 59
CERTIFICATE of Interested Parties filed by Defendant Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee, (Attorney Jeanne A. Fugate added to party The Board of Directors of Molina Healthcare, Inc.(pty:dft), Attorney Jeanne A. Fugate added to party The Molina Salary Savings Plan Investment Committee(pty:dft))(Fugate, Jeanne)
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Filing 58
NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint ; Memorandum of Points and Authorities in Support Thereof filed by Defendant NFP Retirement, Inc.. Motion set for hearing on 10/24/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Catalina Vergara, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Proposed Order) (Vergara, Catalina)
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Filing 57
Notice of Interested Parties and Disclosure Statement of Interested Parties filed by Defendant NFP Retirement, Inc., (Vergara, Catalina)
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Filing 56
NOTICE of Appearance filed by attorney Kevin Alan Kraft on behalf of Defendant NFP Retirement, Inc. (Attorney Kevin Alan Kraft added to party NFP Retirement, Inc.(pty:dft))(Kraft, Kevin)
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Filing 55
NOTICE of Appearance filed by attorney Catalina J Vergara on behalf of Defendant NFP Retirement, Inc. (Vergara, Catalina)
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Filing 54
**STRICKEN - SEE DKT. NO. #65 ** APPLICATION of Non-Resident Attorney Patrick V. Plassio to Appear Pro Hac Vice on behalf of Defendant NFP Retirement, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33863881) filed by Defendant NFP Retirement, Inc.. (Attachments: #1 Proposed Order) (Vergara, Catalina) Modified on 8/25/2022 (hc).
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Filing 53
**STRICKEN - SEE DKT. NO. #65 ** APPLICATION of Non-Resident Attorney Meaghan VerGow to Appear Pro Hac Vice on behalf of Defendant NFP Retirement, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33863823) filed by Defendant NFP Retirement, Inc.. (Attachments: #1 Proposed Order) (Vergara, Catalina) Modified on 8/25/2022 (hc).
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Filing 52
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Without suggesting or confirming that the parties' calculations regarding the current response deadlines are completely error-free, the Court hereby GRANTS IN PART the parties' Stipulation for Extension of Time #50 , and ORDERS that all Defendants shall have until August 23, 2022 to answer or otherwise respond to the First Amended Complaint. All other aspects of the Stipulation are denied. As a result, the Courts August 5, 2022 Minute Order is hereby DISCHARGED #51 . (lc)
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Filing 51
MINUTE ORDER (In Chambers): ORDER TO SHOW CAUSE re: Lack of Prosecution of Molina Healthcare, Inc. by Judge Otis D. Wright, II. As of today's date, Molina has not answered or otherwise responded to the FAC. Therefore, Plaintiffs are ORDERED TO SHOW CAUSE, in writing only, to be received by the Court no later than August 10, 2022, why Molina should not be dismissed for lack of prosecution. See minute order for details. (lom)
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Filing 50
STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, #43 filed by Defendant NFP Retirement, Inc.. (Attachments: #1 Proposed Order Extending Time for Defendants to Respond to First Amended Complaint)(Attorney Catalina J Vergara added to party NFP Retirement, Inc.(pty:dft))(Vergara, Catalina)
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Filing 49
WAIVER OF SERVICE Returned Executed filed by Defendant Molina Healthcare, Inc.. upon The Board of Directors of Molina Healthcare, Inc. waiver sent by Plaintiff on 7/22/2022, answer due 9/20/2022; The Molina Salary Savings Plan Investment Committee waiver sent by Plaintiff on 7/22/2022, answer due 9/20/2022. Waiver of Service signed by Darren A. Shuler. (Fugate, Jeanne)
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Filing 48
PROOF OF SERVICE Executed by Plaintiff Paula Schaub, Chad Westover, Jennifer Silva, Coy Sarell, Brent Aleshire, Michelle Mills, Barbara Kershner, upon Defendant NFP Retirement, Inc. served on 7/22/2022, answer due 8/12/2022. Service of the Summons and Complaint were executed upon Saraine Marine, CT Corporation System, Registered Agent of NFP Retirement, Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Schlichter, Jerome)
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Filing 47
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order AMENDING Order Granting Motion for Leave. The Court received and reviewed Plaintiffs' Notice Regarding Assumed "Scrivener's Error," #45 , and acknowledges that the parties' reference to May 13, 2022, in the documents filed in Mills v. NFP Retirement was not in error. Accordingly, the Court AMENDS its Order Granting Motion for Leave Leave #42 , as follows: The alteration in "May 1 #6 " at the top of page two is removed and replaced with "May 13." Footnote 1 is eliminated. "May 16 in the penultimate paragraph of text is replaced with "May 13". (lc)
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Filing 46
21 DAY Summons Issued re FIRST AMENDED COMPLAINT #43 as to defendants NFP Retirement, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee. (lc)
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Filing 45
Notice Regarding Assumed "Scrivener's Error" filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Soyars, Sean)
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Filing 44
Request for Clerk to Issue Summons on Amended Complaint/Petition, #43 filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Schlichter, Jerome)
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Filing 43
First AMENDED COMPLAINT against Defendant Molina Healthcare, Inc., The Board of Directors of Molina Healthcare, Inc., The Molina Salary Savings Plan Investment Committee, NFP Retirement, Inc. amending Complaint (Attorney Civil Case Opening),, #1 , filed by Plaintiff Paula Schaub, Chad Westover, Jennifer Silva, Coy Sarell, Brent Aleshire, Michelle Mills, Barbara Kershner(Schlichter, Jerome)
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Filing 42
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order GRANTING Motion for Leave to File First Amended Complaint #33 and DENYING AS MOOT Defendants' Motion to Dismiss #37 . Given that NFP agrees to the amendment and Molina does not oppose, the Court grants leave to amend and correspondingly GRANTS Plaintiffs' Motion. Fed. R. Civ. P. 15(a)(2);. The claims against NFP will be deemed to have been initially filed against NFP on May 16, 2022. Within three (3) days of this orders issuance, Plaintiffs shall file a clean, separate copy of the First Amended Complaint as proposed. Defendants shall answer or otherwise respond within twenty-one (21) days of the date of actual or presumed service; the parties should review Central District Local Rule 15-3 and ensure compliance. Finally, the Court notes that, on May 27, 2022, Molina filed a Motion to Dismiss Plaintiffs initial Complaint. As Molinas pending Motion to Dismiss was based on a complaint that is no longer operative, the Court DENIES Molina's Motion to Dismiss AS MOOT. (lc)
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Filing 41
ORDER GRANTING APPLICATION of Non-Resident Attorney Sean E. Soyars to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover and designating William H. Edmonson as local counsel #40 by Judge Otis D. Wright, II. (lc)
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Filing 40
First APPLICATION of Non-Resident Attorney Sean E. Soyars to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33615382) filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order [Proposed] Order Granting PHV Application) (Edmonson, William)
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Filing 39
ORDER GRANTING STIPULATION TO CONTINUE THE MOTION TO DISMISS HEARING DATE #38 by Judge Otis D. Wright, II: Plaintiffs shall have until August 8, 2022 to file their Response to Defendant's Motion to Dismiss. Defendant shall have until August 15, 2022 to file its Reply in Support of the Motion to Dismiss. The hearing date for Defendants Motion to Dismiss is set for August 29,2022 at 1:30 PM #37 . (lc)
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Filing 38
STIPULATION to Continue Hearing Date on Motion to Dismiss from 8/1/2022 to 8/29/2022 Re: NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Class Action Complaint #37 filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order)(Struckhoff, Kurt)
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Filing 37
NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Class Action Complaint filed by Defendant Molina Healthcare, Inc.. Motion set for hearing on 8/1/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum, #2 Proposed Order) (Fugate, Jeanne)
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Filing 36
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER DENYING SECOND STIPULATION #35 .The parties propose to extend the deadline for Defendant to respond to the Complaint to "21 days after entry of the Court's ruling on Plaintiffs' Motion for Leave to File First Amended Complaint." The Court has already rejected a similar request of the parties to continue deadlines conditionally, that is, keyed to the occurrence of other events first taking place and lacking a date certain. The Court places the parties on NOTICE that it is disinclined to continue deadlines in this manner and as a general rule will continue deadlines in this case only to dates certain. For this reason, the parties Stipulation is DENIED, and the deadline to respond to the Complaint remains as scheduled. (ECF No. 35.) Future stipulations for continuances that do not propose a date certain for the new deadline may be summarily disregarded or stricken. (lc)
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Filing 35
Second STIPULATION to Amended NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint #33 filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Proposed Order)(Fugate, Jeanne)
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Filing 34
The hearing on the MOTION for Leave to file First Amended Complaint #33 , scheduled for June 13, 2022 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 33
Amended NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Motion set for hearing on 6/13/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum, #2 Exhibit 1 First Amended Complaint, #3 Exhibit 2 Redlined First Amended Complaint, #4 Proposed Order) (Struckhoff, Kurt)
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Filing 32
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order STRIKING Motion for Leave to Amend #30 . Plaintiffs filed a Motion for Leave to Amend Complaint, purportedly with Defendant's consent. (Mot. 3, ECF No. 30.) Plaintiffs did not schedule a hearing date. This is improper. Plaintiffs must either (1) file a motion and schedule a hearing date or (2) file a jointly signed stipulation, including, if necessary, an electronic signature attestation under Central District Local Rule 5-4.3.4(a)(2). Accordingly, the Motion for Leave to Amend is ordered STRICKEN, without prejudice to re-filing an amended motion. (lc)
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Filing 31
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint (with Consent from Defendants) #30 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 1) Filing was a "Motion on CONSENT by defendants " filed by plaintiff. 2) Pdf therefore states no Hearing requested; 3) However as a "Consent".. filer's more appropriate event would have been "Stipulation: Amend".. But as a "consent" missing defendants names and signature of their attorney(s). 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. (lc)
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Filing 30
(STRICKEN PER 5/16/2022 MINUTE ORDER DOCKET NO. 32). NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint (with Consent from Defendants) filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Exhibit 1 First Amended Complaint, #2 Exhibit 2 Redlined First Amended Complaint, #3 Proposed Order) (Struckhoff, Kurt) Modified on 5/16/2022 (lc).
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Filing 29
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Order Substantially DENYING Stipulation Regarding Filing of First Amended Complaint #28 and CONTINUING Deadline to Respond to Complaint to May 27, 2022. It is unclear whether the parties are asking for an Order of the Court providing leave to amend or are simply asking for an extension of deadlines. If the parties are asking for the former, the Stipulation is deficient, because the parties fail to attach a copy of the proposed amended pleading. Thus, to the extent the Stipulation is a request for a Court Order providing leave to amend, the Stipulation is DENIED. That said, to provide more time to file an amended Stipulation (if one is necessary), the Court ORDERS that Defendants' deadline to respond to the currently-filed Complaint is CONTINUED to May 27, 2022. (lc)
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Filing 28
STIPULATION for Extension of Time to Amend Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Proposed Order)(Fugate, Jeanne)
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Filing 27
ORDER GRANTING APPLICATION of Non-Resident Attorney David Tetrick, Jr. to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. and designating Jeanne A. Fugate as local counsel #22 by Judge Otis D. Wright, II. (lc)
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Filing 26
ORDER GRANTING APPLICATION of Non-Resident Attorney Darren A. Shuler to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. and designating Jeanne A. Fugate as local counsel #23 by Judge Otis D. Wright, II. (lc)
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Filing 25
ORDER GRANTING APPLICATION of Non-Resident Attorney Benjamin B. Watson to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. and designating Jeanne A. Fugate as local counsel #24 by Judge Otis D. Wright, II. (lc)
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Filing 24
Corrected APPLICATION of Non-Resident Attorney Benjamin B. Watson to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 4/8/2022, Receipt No. 33097941) filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Exhibit B Certificate of Good Standing, #3 Exhibit C Certificate of Good Standing, #4 Proposed Order) (Fugate, Jeanne)
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Filing 23
Corrected APPLICATION of Non-Resident Attorney Darren A. Shuler to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 4/8/2022, Receipt No. 33097881) filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Exhibit B Certificate of Good Standing, #3 Proposed Order) (Fugate, Jeanne)
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Filing 22
Corrected APPLICATION of Non-Resident Attorney David Tetrick, Jr. to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 4/8/2022, Receipt No. 33097779) filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Exhibit B Certificate of Good Standing, #3 Proposed Order) (Fugate, Jeanne)
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Filing 21
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYING DENYING Pro Hac Vice Applications by Attorneys David Tetrick, Jr., Darren A. Shuler, and Benjamin B. Watson to appear on behalf of Defendant Molina Healthcare, Inc #17 , #18 , #19 . The applications are out of compliance with the wet-ink signature rule. In the Central District of California, it remains a requirement for pro hac vice applications that both the out-of-state attorney and local counsel physically sign a paper copy of the Application, in ink, and then scan the piece of paper. Electronic, image, and stamp signatures are not allowed. For this reason, the applications are DENIED without prejudice to re-filing. No additional pro hac vice fee is required when re-filing. (lc)
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Filing 20
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Darren A. Shuler to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33097881) #18 , APPLICATION of Non-Resident Attorney Benjamin B. Watson to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33097941) #19 , APPLICATION of Non-Resident Attorney David Tetrick, Jr. to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33097779) #17 . The following error(s) was/were found: 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 for either applicant or local counsel. See Instructions for Applicants (1). (lt)
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Filing 19
APPLICATION of Non-Resident Attorney Benjamin B. Watson to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33097941) filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Exhibit B Certificate of Good Standing, #3 Exhibit C Certificate of Good Standing, #4 Proposed Order) (Fugate, Jeanne)
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Filing 18
APPLICATION of Non-Resident Attorney Darren A. Shuler to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33097881) filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Exhibit B Certificate of Good Standing, #3 Proposed Order) (Fugate, Jeanne)
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Filing 17
APPLICATION of Non-Resident Attorney David Tetrick, Jr. to Appear Pro Hac Vice on behalf of Defendant Molina Healthcare, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33097779) filed by Defendant Molina Healthcare, Inc.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Exhibit B Certificate of Good Standing, #3 Proposed Order) (Fugate, Jeanne)
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Filing 16
NOTICE of Interested Parties filed by Defendant Molina Healthcare, Inc., (Fugate, Jeanne)
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Filing 15
STIPULATION Extending Time to Answer the complaint as to Molina Healthcare, Inc. answer now due 5/12/2022, re Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Molina Healthcare, Inc..(Attorney Jeanne A Fugate added to party Molina Healthcare, Inc.(pty:dft))(Fugate, Jeanne)
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Filing 14
ORDER by Judge Otis D. Wright, II: granting #11 Non-Resident Attorney Michael A. Wolff APPLICATION to Appear Pro Hac Vice on behalf of Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva and for Chad Westover, designating William H. Edmonson as local counsel. (lom)
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Filing 13
ORDER by Judge Otis D. Wright, II: granting #12 Non-Resident Attorney Kurt C. Struckhoff APPLICATION to Appear Pro Hac Vice on behalf of Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva and for Chad Westover, designating William H. Edmonson as local counsel. (lom)
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Filing 12
First APPLICATION of Non-Resident Attorney Kurt C. Struckhoff to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33068498) filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order) (Edmonson, William)
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Filing 11
First APPLICATION of Non-Resident Attorney Michael A. Wolff to Appear Pro Hac Vice on behalf of Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33068349) filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Attachments: #1 Proposed Order Proposed Order) (Edmonson, William)
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Filing 10
PROOF OF SERVICE Executed by Plaintiff Paula Schaub, Chad Westover, Jennifer Silva, Coy Sarell, Brent Aleshire, Michelle Mills, Barbara Kershner, upon Defendant Molina Healthcare, Inc. served on 3/22/2022, answer due 4/12/2022. Service of the Summons and Complaint were executed upon Trudy Desbien, Registered Agent, in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Schlichter, Jerome)
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Filing 9
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II. See minute order for details. (lom)
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Filing 8
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to defendant Molina Healthcare, Inc.. (rolm)
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Filing 7
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (rolm)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (rolm)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Gail J. Standish. (rolm)
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Filing 4
Certification and Notice of Interested Parties filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover, identifying None. (Schlichter, Jerome)
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Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Schlichter, Jerome)
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Filing 2
CIVIL COVER SHEET filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Schlichter, Jerome)
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Filing 1
COMPLAINT Receipt No: ACACDC-32973155 - Fee: $402, filed by Plaintiff Paula Schaub, Chad Westover, Jennifer Silva, Coy Sarell, Brent Aleshire, Michelle Mills, Barbara Kershner. (Attorney Jerome J. Schlichter added to party Brent Aleshire(pty:pla), Attorney Jerome J. Schlichter added to party Barbara Kershner(pty:pla), Attorney Jerome J. Schlichter added to party Michelle Mills(pty:pla), Attorney Jerome J. Schlichter added to party Coy Sarell(pty:pla), Attorney Jerome J. Schlichter added to party Paula Schaub(pty:pla), Attorney Jerome J. Schlichter added to party Jennifer Silva(pty:pla), Attorney Jerome J. Schlichter added to party Chad Westover(pty:pla))(Schlichter, Jerome)
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