Dailey v. Guzman et al
| Jessica Dailey |
| Horacio Guzman, Dant Morris, Jon Warren, Josephina Guzman, James Urbach, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan and LinkUs Holdings, Inc. |
| 1:2021cv01502 |
| October 12, 2021 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Dale A Drozd |
| Erica P Grosjean |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1362 ERISA |
| None |
Docket Report
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This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 51 NOTICE of Supplemental Authority by Jessica Dailey re #44 MOTION to AMEND the #1 Complaint. (Attachments: #1 Exhibit Supplemental Authority)(Feinberg, Daniel) |
| Filing 50 OPPOSITION by Plaintiff Jessica Dailey to #49 Objections,. (Feinberg, Daniel) |
| Filing 49 OBJECTIONS by Defendants Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren to #48 Reply. (Attachments: #1 Proposed Order)(Andre, Julian) |
| Filing 48 REPLY by Jessica Dailey re #44 Motion to Amend the Complaint/Petition,. (Attachments: #1 Notice Request for Judicial Notice, #2 Exhibit Ex. A General Explanation of Tax Legislation)(Feinberg, Daniel) |
| Filing 47 OPPOSITION by Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren to #44 Motion to Amend the Complaint/Petition,. (Attachments: #1 Declaration of Julian L. Andre ISO The LinkUs Defendants' Opposition to Plaintiff's Motion for Leave)(Andre, Julian) |
Filing 46
MINUTE ORDER signed by District Judge Ana de Alba on 12/28/2022: (Text Only Entry) *On December 27, 2022, parties filed #45 Stipulation to Extend Defendants' Deadline to Respond to Plaintiff's Motion for Leave to File a Supplemental Complaint. (ECF No. 44). Good cause appearing, the Court grants parties' stipulation. Defendants shall file their opposition to Plaintiff's Motion for Leave to File a Supplemental Complaint no later than January 18, 2023. Plaintiff shall file her reply by January 30, 2023. Additionally, the parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the Motion for Leave to File a Supplemental Complaint #44 will be decided on the papers. No hearing will be calendared. Aside from the stipulated deadline extensions noted in the minute order, Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency.(Hernandez, M)
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| Filing 45 STIPULATION and PROPOSED ORDER for Order Extending Defendants' Deadline to Respond to Plaintiff's Motion for Leave to File a Supplemental Complaint re #44 MOTION to AMEND the #1 Complaint by Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren. (Attachments: #1 Proposed Order)(Andre, Julian) |
| Filing 44 MOTION to AMEND the #1 Complaint by Jessica Dailey. Motion Hearing set for 1/30/2023 at 08:30 AM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion for Leave to File a Supplemental Complaint, #2 Declaration Declaration of Daniel Feinberg in Support of Motion for Leave to File Supplemental Complaint)(Feinberg, Daniel) |
| Filing 43 NOTICE of APPEARANCE by Anne Weis on behalf of Jessica Dailey. Attorney Weis, Anne added. (Weis, Anne) |
| Filing 42 JOINT STATUS REPORT by Jessica Dailey. (Feinberg, Daniel) |
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Filing 41
MINUTE ORDER signed by District Judge Ana de Alba on 8/31/2022: (Text Only Entry) This matter is set for hearing before District Judge de Alba. The parties are ordered to submit a joint status report, not to exceed five pages, within 10 court days, that addresses the following: What is the procedural history of the case? Is the motion presently before the court still at issue for the parties? Have the parties engaged in settlement negotiations whether formally or informally? If so, when? Would the parties benefit from a mandatory settlement conference before a Magistrate Judge? Would the parties benefit from a status conference with Judge de Alba? The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and although the Court will continue working diligently to resolve all pending motions, it may still be months before the parties' pending motion is resolved. As such, in light of having the heaviest district court caseload in the nation, limited Court resources, and the need to prioritize criminal and older civil matters over more recently filed actions, this Court strongly encourages the parties to consent to conduct all further proceedings before a U.S. Magistrate Judge. (Hernandez, M)
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| Filing 40 MOTION to WITHDRAW as ATTORNEY by Jessica Dailey. (Taylor, Charles) |
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Filing 39
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Benson, A.)
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| Filing 38 REPLY by Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren re #31 Motion to Dismiss,,. (Andre, Julian) |
| Filing 37 REPLY by James Urbach re #32 Motion to Dismiss,,. (Attachments: #1 Declaration Declaration of Richard Pearl)(Pearl, Richard) |
| Filing 36 OPPOSITION by Jessica Dailey to #31 Motion to Dismiss,, #32 Motion to Dismiss,,. (Attachments: #1 Declaration of John Dailey, #2 Exhibit A, #3 Exhibit B)(Feinberg, Daniel) |
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Filing 35
MINUTE ORDER signed by District Judge Dale A. Drozd on 3/4/2022: (Text Only Entry)On March 3, 2022, the parties filed a #34 stipulation to permit plaintiff to file a consolidated opposition brief to defendants' pending [31, 32] motions to dismiss. Pursuant to the stipulation, and good cause appearing, plaintiff may file a consolidated opposition brief of no more than 45 pages to the pending [31, 32] motions to dismiss.(Hernandez, M)
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| Filing 34 STIPULATION and PROPOSED ORDER for Consolidated Opposition Brief by Jessica Dailey. (Attachments: #1 Proposed Order)(Feinberg, Daniel) |
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Filing 33
MINUTE ORDER signed by District Judge Dale A. Drozd on 2/22/2022: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c).(Hernandez, M)
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| Filing 32 MOTION to DISMISS by James Urbach. Motion Hearing set for 4/5/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration of Rick Pearl In Support of Defendant James Urbach's Motion To Dismiss Complaint, #2 Exhibit A to Declaration of Rick Pearl In Support of Defendant James Urbach's Motion To Dismiss Complaint, #3 Exhibit B to Declaration of Rick Pearl In Support of Defendant James Urbach's Motion To Dismiss Complaint, #4 Proposed Order Granting Defendant James Urbach's Motion To Dismiss Complaint)(Pearl, Richard) |
| Filing 31 MOTION to DISMISS by Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren. Motion Hearing set for 4/5/2022 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration of Julian L. Andre, #2 Exhibit A - 2018 Form 5500, #3 Exhibit B - 2019 Form 5500, #4 Exhibit C - 2016 Summary Annual Report, #5 Exhibit D - 2017 Summary Annual Report, #6 Exhibit E - 2018 Summary Annual Report, #7 Exhibit F - Excerpts of LinkUs ESOP)(Andre, Julian) |
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Filing 30
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on February 11, 2022: Having received Defendants' ex parte application (Doc. #28 ) and Plaintiff's response (Doc. #29 ), IT IS HEREBY ORDERED that the Initial Scheduling Conference set for March 3, 2022, before Magistrate Judge Erica P. Grosjean is VACATED. Within ten days after the ruling on the motion to dismiss has been issued, should the case go forward, the parties are directed to contact Courtroom Deputy Michelle Rooney (mrooney@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry)(Rooney, M)
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| Filing 29 RESPONSE by Jessica Dailey to #28 Ex Parte Application. (Attachments: #1 Exhibit)(Feinberg, Daniel) |
| Filing 28 EX PARTE APPLICATION by James Urbach for to Vacate Status Conference. (Attachments: #1 Declaration of Rick Pearl)(Orr, Cheryl) |
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Filing 27
ORDER GRANTING #26 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 1/25/2022. Added attorney Emily Allison Kile-Maxwell, PHV for James Urbach. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Marrujo, C)
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| Filing 26 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by James Urbach for attorney Emily Allison Kile-Maxwell to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10035821) (Attachments: #1 Certificate of Good Standing)(Orr, Cheryl) |
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Filing 25
ORDER GRANTING #19 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 01/21/2022. Added Attorney Ryan T. Jenny, PHV for Jessica Dailey. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Maldonado, C)
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Filing 24
ORDER GRANTING #21 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 01/21/2022. Added Attorney Patrick O. Muench, PHV for Jessica Dailey. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Maldonado, C)
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Filing 23
ORDER GRANTING #20 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 01/21/2022. Added Attorney Gregory Y. Porter, PHV for Jessica Dailey. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Maldonado, C)
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Filing 22
ORDER GRANTING #18 Application for Pro Hac Vice,signed by Magistrate Judge Erica P. Grosjean on 01/21/2022. Added Attorney Laura E. Babiak, PHV for Jessica Dailey. The Pro Hac Vice Attorney is directed to request electronic filing access through PACER. (Maldonado, C)
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| Filing 21 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Jessica Dailey for attorney Patrick O. Muench to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10029210) (Feinberg, Daniel) |
| Filing 20 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Jessica Dailey for attorney Gregory Y. Porter to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10029195) (Feinberg, Daniel) |
| Filing 19 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Jessica Dailey for attorney Ryan T. Jenny to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10029173) (Feinberg, Daniel) |
| Filing 18 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Jessica Dailey for attorney Laura E. Babiak to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10029124) (Feinberg, Daniel) |
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Filing 17
ORDER signed by Magistrate Judge Erica P. Grosjean on January 14, 2022. Pursuant to the parties' stipulation, (ECF No. #16 ), IT IS HEREBY ORDERED that the deadline for Defendants to respond to the complaint is extended to February 21, 2022. Defendants shall file their respective motions to dismiss the complaint on or before February 21, 2022. Plaintiff shall file her oppositions to Defendants' motions to dismiss on or before March 14, 2022. Defendants shall file their reply briefs on or before March 24, 2022.(Rooney, M)
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| Filing 16 STIPULATION and PROPOSED ORDER for (1) Extending Time For Defendants To Respond To Complaint and (2) Setting Briefing Schedule For Defendants' Motions To Dismiss by Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren. (Attachments: #1 Proposed Order)(Andre, Julian) |
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Filing 15
ORDER GRANTING #14 Application for Pro Hac Vice. Added attorney Theodore M. Becker, PHV for Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren, signed by Magistrate Judge Erica P. Grosjean on 12/9/2021. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Marrujo, C)
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| Filing 14 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren for attorney Theodore Michaelson Becker to appear Pro Hac Vice. (Andre, Julian) |
| RECEIPT number ACAEDC-9963838 for $225.00 for Theodore Becker, Pro Hac Vice from Theodore Becker. (Gonzalez, R) |
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Filing 13
ORDER GRANTING STIPULATED REQUEST TO EXTEND TIME TO RESPOND TO COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTIONS TO DISMISS, signed by Magistrate Judge Erica P. Grosjean on 12/7/2021. (Apodaca, P)
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| Filing 12 STIPULATION re #1 Complaint Extending Time For Defendants To Respond To Complaint and Setting Briefing Schedule For Defendants' Motion To Dismiss Complaint by Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren. (Attachments: #1 Proposed Order Proposed Order Extending Time)(Andre, Julian) |
| Filing 11 NOTICE OF UNAVAILABILITY by Jessica Dailey. (Feinberg, Daniel) |
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Filing 10
ORDER GRANTING #8 Application for Pro Hac Vice signed by Magistrate Judge Erica P. Grosjean on 11/30/2021. Added attorney Richard J. Pearl, PHV for James Urbach. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Lundstrom, T)
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| Filing 9 NOTICE of APPEARANCE by Julian Lucien Andre on behalf of Horacio Guzman, Josephina Guzman, LinkUs Holdings, Inc., Dant Morris, The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan, Jon Warren. Attorney Andre, Julian Lucien added. (Andre, Julian) |
| Filing 8 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by James Urbach for attorney Richard J. Pearl to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-9944156) (Attachments: #1 Ceritficate of Admission)(Orr, Cheryl) |
| Filing 7 NOTICE of APPEARANCE by Cheryl Denise Orr on behalf of James Urbach. Attorney Orr, Cheryl Denise added. (Orr, Cheryl) |
| Filing 6 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Horacio Guzman on 10/13/2021, Answer due 12/13/2021; Josephina Guzman on 10/13/2021, Answer due 12/13/2021; LinkUs Holdings, Inc. on 10/13/2021, Answer due 12/13/2021; Dant Morris on 10/13/2021, Answer due 12/13/2021; The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan on 10/13/2021, Answer due 12/13/2021; Jon Warren on 10/13/2021, Answer due 12/13/2021 (Feinberg, Daniel) |
| Filing 5 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to James Urbach on 10/14/2021, Answer due 12/13/2021 (Feinberg, Daniel) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/3/2022 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Marrujo, C) |
| Filing 3 SUMMONS ISSUED as to *LinkUs Holdings, Inc., The Administrative Committee of the LinkUs Holdings, Inc. Employee Stock Ownership Plan* with answer to complaint due within *21* days. Attorney *Daniel Mark Feinberg* *Feinberg Jackson Worthman and Wason LLP* *2030 Addison Street, Suite 500* *Berkeley, CA 94704*. (Marrujo, C) |
| Filing 2 SUMMONS ISSUED as to *Horacio Guzman, Josephina Guzman, Dant Morris, James Urbach, Jon Warren* with answer to complaint due within *21* days. Attorney *Daniel Mark Feinberg* *Feinberg Jackson Worthman and Wason LLP* *2030 Addison Street, Suite 500* *Berkeley, CA 94704*. (Marrujo, C) |
| Filing 1 COMPLAINT against All Defendants by Jessica Dailey. Attorney Feinberg, Daniel Mark added. (Filing fee $ 402, receipt number ACAEDC-9866205) (Attachments: #1 Civil Cover Sheet)(Feinberg, Daniel) |
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