Michelle Mills et al v. NFP Retirement, Inc.
| Michelle Mills, Coy Sarell, Chad Westover, Brent Aleshire, Barbara Kershner, Paula Schaub and Jennifer Silva |
| NFP Retirement, Inc. |
| 8:2022cv00994 |
| May 16, 2022 |
| US District Court for the Central District of California |
| 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 |
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| Filing 30 The hearing on the MOTION to Quash Service #17 ; and Motion to Extend time to Answer #28 , scheduled for July 18, 2022 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters 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 |
| Filing 29 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-33615514) 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) (Attorney William H. Edmonson added to party Brent Aleshire(pty:pla), Attorney William H. Edmonson added to party Barbara Kershner(pty:pla), Attorney William H. Edmonson added to party Michelle Mills(pty:pla), Attorney William H. Edmonson added to party Coy Sarell(pty:pla), Attorney William H. Edmonson added to party Paula Schaub(pty:pla), Attorney William H. Edmonson added to party Jennifer Silva(pty:pla), Attorney William H. Edmonson added to party Chad Westover(pty:pla)) (Edmonson, William) |
| Filing 28 NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 8/4/2022 re Complaint (Attorney Civil Case Opening),, #1 filed by Defendant NFP Retirement, Inc.. (Attachments: #1 Proposed Order) (Vergara, Catalina) |
| Filing 27 REPLY in Support of NOTICE OF MOTION AND MOTION to Quash Service Under Rule 12(B)(5); Memorandum of Points and Authorities in Support Thereof #17 filed by Defendant NFP Retirement, Inc.. (Vergara, Catalina) |
Filing 26
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER re: Briefing Schedule for Motion to Quash. On June 15, 2022, NFP Retirement, Inc. filed a Motion to Quash Service. The next day, NFP filed a proposed Answer. As a preliminary matter, the Court DISCHARGES its June 13, 2022 Minute Order. After NFP filed its Motion, Plaintiffs filed their Opposition brief significantly ahead of schedule. Given the multiplicity of pending matters across this case and the related case, the Court finds good cause to expedite the remainder of the briefing schedule on NFP's Motion to Quash. The Court therefore ORDERS that NFP's Reply brief is due no later than June 27, 2022. (lc)
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| Filing 25 NOTICE OF LODGING filed / Defendant NFP Retirement, Inc.s Notice of Lodging Proposed Answer To Plaintiffs Complaint re Complaint (Attorney Civil Case Opening),, #1 (Attachments: #1 Defendant NFP Retirement, Inc.'s Answer to Plaintiffs' Complaint)(Vergara, Catalina) |
| Filing 24 DECLARATION of Erin Ziaja in Support of its Motion To Dismiss Or Quash Service Under Rule 12(B)(5) (Ecf No. 17) NOTICE OF MOTION AND MOTION to Quash Service Under Rule 12(B)(5); Memorandum of Points and Authorities in Support Thereof #17 filed by Defendant NFP Retirement, Inc.. (Vergara, Catalina) |
| Filing 23 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Quash Service Under Rule 12(B)(5); Memorandum of Points and Authorities in Support Thereof #17 filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Schlichter, Jerome) |
| Filing 22 AMENDED NOTICE OF DEFICIENCY #21 Re: REQUEST for Clerk to Enter Default against Defendant NFP Retirement, Inc. #19 . The Clerk cannot enter the requested relief as: Defendant has filed a Motion to Quash Service and or MOTION TO DISMISS set for hearing 7/18/2022 1:30 PM docket no. 17. (lc) |
| Filing 21 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant NFP Retirement, Inc. #19 . The Clerk cannot enter the requested relief as: Defendant has filed a Motion to Quash Service set for hearing 7/18/2022 1:30 PM docket no. 17. (lc) |
| Filing 20 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 6/14/2022, answer due 7/5/2022. Service of the Summons and Complaint were executed upon Diana Ruiz, Registered Agent, CT Corporation Systems in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Schlichter, Jerome) |
| Filing 19 REQUEST for Clerk to Enter Default against Defendant NFP Retirement, Inc. filed by Plaintiff Paula Schaub, Chad Westover, Jennifer Silva, Coy Sarell, Brent Aleshire, Michelle Mills, Barbara Kershner. Request set for hearing on 7/18/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Kurt C. Struckhoff, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Schlichter, Jerome) |
| Filing 18 Notice of Interested Parties or Entities/Corporate Disclosure Statement of Interested Parties filed by Defendant NFP Retirement, Inc., (Vergara, Catalina) |
| Filing 17 NOTICE OF MOTION AND MOTION to Quash Service Under Rule 12(B)(5); Memorandum of Points and Authorities in Support Thereof filed by Defendant NFP Retirement, Inc.. Motion set for hearing on 7/18/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Sierra McCormick in Support of Defendant's Motion to Dismiss or Quash Service Under Rule 12(B)(5), #2 Declaration of Erin Ziaja in Support of Defendant's Motion to Dismiss or Quash Service Under Rule 12(B)(5), #3 Proposed Order Granting Motion to Dismiss or Quash Service Under Rule 12(B)(5)) (Attorney Catalina J Vergara added to party NFP Retirement, Inc.(pty:dft)) (Vergara, Catalina) |
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Filing 16
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiffs are ORDERED TO SHOW CAUSE, in writing only, to be received by the Court no later thanno later than June 16, 2022, why NFP Retirement and consequently this entire action should not be dismissed for lack of prosecution. The Court will consider the filing of either of the following as an appropriate response tothis OSC, on or before the above date: Plaintiffs' filing of a request for clerks entry of default against NFP Retirement. NFP Retirements Answer.In the event both documents are filed before the above date, the answer will take precedence. Failure to respond to the Courts Order may result in the dismissal of the action. (lc)
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| Filing 15 RESPONSE filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westoverto Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,,, Terminate Hearings,,,,,,,,, Set/Reset Deadlines/Hearings,,,,,,,, #14 (Schlichter, Jerome) |
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Filing 14
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE re: Amendment in Mills v. Molina and Dismissal. On May 24, 2022, this case was related to Mills et al. v. Molina Healthcare et al., No. 2:22- cv-01813-ODW (GJSx) (Molina). As a preliminary matter, the Scheduling Conference in thiscase (Mills v. NFP Retirement, No. 8:22-994) is VACATED and the Scheduling Conference Order is DISCHARGED #12 . This Court will issue its Scheduling Conference Order at the appropriate time. The plaintiffs in Molina have filed an unopposed Motion for Leave to File First Amended Complaint. By way of amendment, the Molina plaintiffs seek to add three Defendants: (1) The Board of Directors of Molina Healthcare, Inc.; (2) The Molina Salary Savings Plan InvestmentCommittee; and (3) NFP Retirement, Inc. The Molina Plaintiffs also seek to add additional factual allegations related to Molina and NFP Retirement, including allegations regarding the relationship between Molina and NFP Retirement. The Motion for Leave to Amend in Molina is currently under submission, and the Court is inclined to grant it as unopposed. However, it appears that allowing amendment in Molina would generate a set of claims that are duplicative of claims in this case. Upon cursory review, it appears that efficiency andorderly administration of justice may be furthered by dismissing this case and allowing all the claims, including those against NFP Retirement, to proceed in Molina. Therefore, the parties are ORDERED TO SHOW CAUSE, in writing only, to be received by the Court no later than June 3, 2022, why this action should not be dismissed without prejudice upon the granting of the Motion for Leave to Amend in Molina and the filing of the First Amended Complaint in that case. Each side may file its own brief of up to seven (7) pages, plus declarations or other supporting evidence as necessary. No responsive briefing is requested or permitted. Failure to timely and adequately respond will be deemed a concession that this case is subsumed in the amendments in Molina and will result in the dismissal of this case without prejudice. (lc)
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Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-01813 ODW(GJSx). Case transferred from Magistrate Judge Douglas F. McCormick and Judge James V. Selna to Judge Otis D. Wright, II and Magistrate Judge Gail J. Standish for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:22-cv-00994 ODW(GJSx). Signed by Judge Otis D. Wright, II (rn)
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Filing 12
Order Setting Rule 26(f) Scheduling Conference for 8/8/2022 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 8/1/2022. (lb)
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| Filing 11 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 5/19/2022, answer due 6/9/2022. Service of the Summons and Complaint were executed upon Sierra M., Receptionist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Schlichter, Jerome) |
| Filing 10 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant NFP Retirement, Inc. (ghap) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (ghap) |
| Filing 5 NOTICE of Related Case(s) filed by Plaintiff Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. Related Case(s): 2:22-cv-01813-ODW-GJS (Schlichter, Jerome) |
| 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 Molina Healthcare, Inc.. (Schlichter, Jerome) |
| 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) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Brent Aleshire, Barbara Kershner, Michelle Mills, Coy Sarell, Paula Schaub, Jennifer Silva, Chad Westover. (Schlichter, Jerome) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33308096 - 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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