Marlow Henry v. Wilmington Trust NA, et al

Marlow Henry v. Wilmington Trust NA, et al

Plaintiff / Appellee:	MARLOW HENRY, on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated
Defendant / Appellant:	WILMINGTON TRUST NA, BRIAN SASS and E. STOCKTON CROFT, IV
Case Number:	21-2801
Filed:	October 1, 2021
Court:	U.S. Court of Appeals, Third Circuit
Nature of Suit:	ERISA Employ Retire Income Sec Act

Opinions

We have the following opinions for this case:

Date Filed	Description
June 30, 2023	Henry v. Wilmington Trust NA

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Docket Report

This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 30, 2023	Filing 63 JUDGMENT, Affirmed. Costs shall be taxed against Appellants.---[Edited 06/30/2023 by ARR to attach judgment.] (ARR) [Entered: 06/30/2023 09:36 AM]
June 30, 2023	Filing 62 PRECEDENTIAL OPINION. Coram: CHAGARES, Chief Judge, JORDAN and SCIRICA, Circuit Judges. Total Pages: 16. Judge: CHAGARES Authoring. (ARR) [Entered: 06/30/2023 09:35 AM]
February 9, 2023	Filing 61 ECF FILER: Letter dated 02/09/2023 , filed pursuant to Rule 28(j) from counsel for Appellee Marlow Henry. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [21-2801] (PKS) [Entered: 02/09/2023 05:53 PM]
November 9, 2022	Filing 60 ARGUED on Wednesday, November 9, 2022. Panel: CHAGARES, JORDAN and SCIRICA, Circuit Judges. Sarah M. Adams arguing for Appellant. Peter K. Stris arguing for Appellee. (AR) [Entered: 11/09/2022 02:56 PM]
November 9, 2022	Filing 59 COURT MINUTES OF ARGUED/SUBMITTED CASES. [21-2801, 21-3286, 18-2683, 18-2873, 20-2405, 22-1093, 22-1184] (AR) [Entered: 11/09/2022 08:42 AM]
November 4, 2022	Filing 58 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Sarah M. Adams, Esq. for Appellant Wilmington Trust NA. Case Summary: Whether the District Court erred in declining to enforce the Plan's arbitration provisions where Plaintiff participated in the Plan while the provisions were in effect.. Post Video: YES. [21-2801] (SMA) [Entered: 11/04/2022 03:34 PM]
November 3, 2022	Filing 57 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Peter K. Stris, Esq. for Appellee Marlow Henry. Case Summary: Defendants moved to dismiss Plaintiff's ERISA claims based on an arbitration clause. Issues: Did Plaintiff consent to arbitration? Does the clause violate the prospective waiver doctrine? Does the Court have appellate jurisdiction?. Post Video: YES. [21-2801] (PKS) [Entered: 11/03/2022 12:52 PM]
October 31, 2022	Filing 56 Oral Argument Notification for Wednesday, 11/09/2022. Setting & Time: Maris Courtroom / 10:30am. Location: Philadelphia, PA. (AR) [Entered: 10/31/2022 12:46 PM]
September 16, 2022	Filing 55 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Kevin J. Connors, Esq. for Appellants E. Stockton Croft, IV and Brian Sass. Certificate of Service dated 09/16/2022. Service made by ECF. [21-2801] (KJC) [Entered: 09/16/2022 04:43 PM]
September 16, 2022	Filing 54 ECF FILER: Notice of Withdrawal of Entry of Appearance of Kristen J. Kenley on behalf of Appellants E. Stockton Croft, IV and Brian Sass. Certificate of Service dated 09/16/2022. Service made by ECF. [21-2801]--[Edited 09/19/2022 by ARR] (KJK) [Entered: 09/16/2022 02:09 PM]
September 15, 2022	Filing 53 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Mark A. Nebrig, Esq. for Appellants E. Stockton Croft, IV and Brian Sass. Certificate of Service dated 09/15/2022. Service made by ECF. [21-2801] (MAN) [Entered: 09/15/2022 10:09 AM]
September 14, 2022	Filing 52 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Sarah M. Adams, Esq. for Appellant Wilmington Trust NA. Certificate of Service dated 09/14/2022. Service made by ECF. [21-2801] (SMA) [Entered: 09/14/2022 12:59 PM]
September 13, 2022	Filing 51 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Peter K. Stris, Esq. for Appellee Marlow Henry. Certificate of Service dated 09/13/2022. Service made by ECF. [21-2801] (PKS) [Entered: 09/13/2022 04:15 PM]
September 13, 2022	Filing 50 Calendared for Wednesday, 11/09/2022. Calendar Clerk: AR. (AR) [Entered: 09/13/2022 03:30 PM]
August 15, 2022	Filing 49 ECF FILER: LETTER from Attorney Peter K. Stris, Esq. for Appellee Marlow Henry. Counsel is unavailable for the following dates: 11/07/2022, [21-2801] (PKS) [Entered: 08/15/2022 01:19 PM]
July 11, 2022	Filing 48 ECF FILER: LETTER from Attorney Sarah M. Adams, Esq. for Appellant Wilmington Trust NA. Counsel is unavailable for the following dates: 10/04/2022, [21-2801] (SMA) [Entered: 07/11/2022 01:03 PM]
July 11, 2022	Filing 47 ECF FILER: LETTER from Attorney Mark A. Nebrig, Esq. for Appellants E. Stockton Croft, IV and Brian Sass. Counsel is unavailable for the following dates: 10/03/2022, 10/04/2022, 10/05/2022, 10/06/2022, 10/07/2022, [21-2801] (MAN) [Entered: 07/11/2022 09:26 AM]
June 17, 2022	Filing 46 HARD COPY RECEIVED from Appellants Wilmington Trust NA, E. Stockton Croft, IV and Brian Sass - Joint Reply Brief. Copies: 7. [Entry edited to reflect all party filers]--[Edited 06/21/2022 by EMA] (IDR) [Entered: 06/17/2022 01:07 PM]
June 16, 2022	Filing 45 ECF FILER: Response filed by Appellant Wilmington Trust NA to Rule 28(j) letter. Certificate of Service dated 06/16/2022. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [21-2801] (SMA) [Entered: 06/16/2022 10:52 AM]
June 16, 2022	Filing 44 ECF FILER: ELECTRONIC JOINT REPLY BRIEF on behalf of Appellants Wilmington Trust NA, E. Stockton Croft, IV and Brian Sass. Certificate of Service dated 06/16/2022 by ECF. [Entry edited to reflect all party filers] [21-2801]--[Edited 06/21/2022 by EMA] (MAN) [Entered: 06/16/2022 10:35 AM]
June 13, 2022	Filing 43 ECF FILER: Letter dated 06/13/2022 , filed pursuant to Rule 28(j) from counsel for Appellee Marlow Henry. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [21-2801] (PKS) [Entered: 06/13/2022 01:44 PM]
June 6, 2022	Filing 42 ECF FILER: WITHDRAWAL OF APPEARANCE by Attorney Douglas D. Geyser, Esq. for Appellee Marlow Henry. Certificate of Service dated 06/06/2022. Service made by ECF. [21-2801]--[Edited 06/07/2022 by DW] (DDG) [Entered: 06/06/2022 07:41 PM]
June 2, 2022	Filing 41 ORDER (MATEY, PHIPPS and RENDELL, Circuit Judges) granting the foregoing Motion by Appellants for Leave to File Overlength Reply Brief. Within fourteen (14) days of this order, the Appellants may file a reply brief containing up to 8500 words. Panel No.: XCO-016. Matey, Authoring Judge. (ARR) [Entered: 06/02/2022 02:08 PM]
May 19, 2022	Filing 40 TEXT ONLY ORDER (Clerk) The deadline for Appellants' reply brief is stayed pending resolution of Appellants' motion to file an overlength brief. (KAG) [Entered: 05/19/2022 02:26 PM]
May 12, 2022	Filing 39 ECF FILER: UNOPPOSED Joint Motion filed by Appellants Wilmington Trust NA, E. Stockton Croft, IV and Brian Sass for Leave to File Overlength Reply Brief. Certificate of Service dated 05/12/2022. Service made by ECF. [21-2801]--[Edited 05/12/2022 by ARR] (MAN) [Entered: 05/12/2022 11:30 AM]
May 10, 2022	Filing 38 ECF FILER: Letter dated 05/10/2022 , filed pursuant to Rule 28(j) from counsel for Appellee Marlow Henry. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable. [21-2801] (PKS) [Entered: 05/10/2022 08:51 PM]
May 2, 2022	Filing 37 HARD COPY RECEIVED from Appellee Marlow Henry - Brief. Copies: 7. (LM) [Entered: 05/02/2022 03:45 PM]
April 29, 2022	Filing 36 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Marlow Henry. Certificate of Service dated 04/29/2022 by ECF. [21-2801] (PKS) [Entered: 04/29/2022 07:07 PM]
March 3, 2022	Filing 35 TEXT ONLY ORDER (Clerk) granting motion filed by Appellee Marlow Henry for extension of time to file brief until April 29, 2022. Counsel is advised to review the Court's Notice of October 15, 2012 advising that extensions of time are disfavored. (ARR) [Entered: 03/03/2022 05:37 PM]
March 3, 2022	Filing 34 ECF FILER: Motion filed by Appellee Marlow Henry for Extension of Time to file Appellee's brief until/for 4/29/2022. Certificate of Service dated 03/03/2022. Service made by ECF. [21-2801] (PKS) [Entered: 03/03/2022 10:55 AM]
March 2, 2022	Filing 33 TEXT ONLY ORDER (Clerk) The foregoing motion is granted. The brief and appendix previously filed by Appellant on February 22, 2022 will be stricken from the Court's docket. Appellant is directed to retrieve the paper copies of the previously filed brief and appendix within fourteen (14) days from the date of this order or they will be discarded. Appellee's brief must be filed and served within thirty (30) days from the date of this order. (CLW) [Entered: 03/02/2022 12:05 PM]
February 25, 2022	Filing 32 COMPLIANCE RECEIVED. Re-filing of Joint Brief and Appendix received from Appellants E. Stockton Croft, IV, Brian Sass and Wilmington Trust NA. (EAF) [Entered: 02/25/2022 02:42 PM]
February 25, 2022	Filing 31 ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellants Wilmington Trust NA, Brian Sass and E. Stockton Croft, IV. Certificate of service dated 02/25/2022 by ECF. --[Edited 02/25/2022 by EAF - Text edited to specify all party filers] [21-2801] (MJP) [Entered: 02/25/2022 12:04 PM]
February 25, 2022	Filing 30 ECF FILER: ELECTRONIC JOINT BRIEF on behalf of AppellantS Wilmington Trust NA, Brian Sass and E. Stockton Croft, IV. Certificate of Service dated 02/25/2022 by ECF. --[Edited 02/25/2022 by EAF - Text edited to reflect all party filers] [21-2801] (MJP) [Entered: 02/25/2022 12:00 PM]
February 25, 2022	Filing 29 TEXT ONLY ORDER (Clerk) directing Michael J. Prame, Esq. for Appellants Wilmington Trust NA, Brian Sass and E. Stockton Croft, IV to re-file the Joint Brief (using the opening brief event) and Appendix (using the non-criminal appendix event) including its corrected covers on the docket for the Appellant's Joint Brief and Appendix filed on 2/22/22. Due on or before 02/28/2022. (EAF) [Entered: 02/25/2022 10:13 AM]
February 24, 2022	Filing 28 HARD COPY RECEIVED from Appellants E. Stockton Croft, IV, Brian Sass and Wilmington Trust NA - Joint Appendix. Copies: 4. Volumes: 1. (EMA) [Entered: 02/24/2022 12:55 PM]
February 24, 2022	Filing 27 HARD COPY RECEIVED from Appellants E. Stockton Croft, IV, Brian Sass and Wilmington Trust NA - Joint Brief. Copies: 7. [Entry edited to reflect all party filers]--[Edited 02/24/2022 by EMA] (LM) [Entered: 02/24/2022 11:55 AM]
February 23, 2022	Filing 26 ECF FILER: Motion filed on behalf of ALL Appellants Wilmington Trust NA, Brian Sass and E. Stockton Croft, IV to amend the Defendants-Appellants' Opening brief (only the cover page), and the Defendants-Appellants' Appendix (only the cover page). Certificate of Service dated 02/23/2022. Service made by ECF. --[Edited 02/25/2022 by EAF - Text edited to reflect ALL party filers; Brief and Appendix requested to re-file separately] [21-2801] (MJP) [Entered: 02/23/2022 01:46 PM]
February 22, 2022	Filing 25 ECF FILER: ELECTRONIC JOINT BRIEF with Volume I of Appendix attached on behalf of Appellants E. Stockton Croft, IV, Brian Sass and Wilmington Trust NA. Certificate of Service dated 02/22/2022 by ECF. --[Edited 02/25/2022 by EAF - Text edited to reflect ALL Appellants] - [Edited 03/03/2022 by EAF - Per Text Only Order filed 3/2/22, the Brief/Appendix Volume I is STRICKEN - Brief and Appendix removed; See Joint Brief and Appendix filed on 2/25/22]] [21-2801] (MJP) [Entered: 02/22/2022 06:31 PM]
January 13, 2022	Filing 24 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants E. Stockton Croft IV, Brian Sass and Wilmington Trust NA due on or before 02/22/2022. Appendix due on or before 02/22/2022. (ARR) [Entered: 01/13/2022 10:01 AM]
January 13, 2022	Filing 23 CLERK EVENT transcript by Court Reporter Mr. Dale Hawkins filed in District Court on 01/13/2022. (ARR) [Entered: 01/13/2022 09:58 AM]
October 28, 2021	Filing 22 ECF FILER: ENTRY OF APPEARANCE from Ryan T. Jenny on behalf of Appellee(s) Marlow Henry on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated. [21-2801] (RTJ) [Entered: 10/28/2021 09:01 AM]
October 27, 2021	Filing 21 ECF FILER: ENTRY OF APPEARANCE from John Stokes on behalf of Appellee(s) Marlow Henry on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated. [21-2801] (JRS) [Entered: 10/27/2021 06:34 PM]
October 27, 2021	Filing 20 ECF FILER: ENTRY OF APPEARANCE from Douglas Geyser on behalf of Appellee(s) Marlow Henry on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated. [21-2801] (DDG) [Entered: 10/27/2021 06:32 PM]
October 27, 2021	Filing 19 ECF FILER: ENTRY OF APPEARANCE from Rachana A. Pathak on behalf of Appellee(s) Marlow Henry on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated. [21-2801] (RAP) [Entered: 10/27/2021 06:30 PM]
October 27, 2021	Filing 18 ECF FILER: ENTRY OF APPEARANCE from Peter K. Stris on behalf of Appellee(s) Marlow Henry on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated. [21-2801] (PKS) [Entered: 10/27/2021 06:28 PM]
October 14, 2021	Filing 17 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Brian Sass and E. Stockton Croft, IV. [21-2801] (KJK) [Entered: 10/14/2021 01:42 PM]
October 14, 2021	Filing 16 ECF FILER: Concise Summary of the Case filed by Appellants E. Stockton Croft, IV, Brian Sass and Wilmington Trust NA. [21-2801] (MJP) [Entered: 10/14/2021 11:38 AM]
October 14, 2021	Filing 15 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Wilmington Trust NA. [21-2801] (MJP) [Entered: 10/14/2021 11:36 AM]
October 12, 2021	Filing 14 ECF FILER: ENTRY OF APPEARANCE from Mark A. Nebrig on behalf of Appellant(s) Brian C. Sass and E. Stockton Croft IV. [21-2801] (MAN) [Entered: 10/12/2021 03:45 PM]
October 12, 2021	Filing 13 ECF FILER: ENTRY OF APPEARANCE from Kristen J. Kenley on behalf of Appellant(s) Brian C. Sass and E. Stockton Croft IV. [21-2801] (KJK) [Entered: 10/12/2021 02:52 PM]
October 8, 2021	Filing 12 ORDER to Court Reporter Mr. Dale Hawkins directing transcripts, ordered on 10/08/2021, to be filed by 11/10/2021. (NR) [Entered: 10/08/2021 03:49 PM]
October 8, 2021	Filing 11 Notice received from the district court that the docketing and filing fees were paid by the appellant on 09/24/2021. (NR) [Entered: 10/08/2021 03:44 PM]
October 8, 2021	Filing 10 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants E. Stockton Croft, IV and Brian Sass advising this court that transcripts are needed. Requested date(s) are: October 23, 2020 (Motion Hearing), to be filed by Dale C. Hawkins. [21-2801] (KJC) [Entered: 10/08/2021 02:21 PM]
October 8, 2021	Filing 9 ECF FILER: ENTRY OF APPEARANCE from Kevin J. Connors, Esq. on behalf of Appellant(s) Brian C. Sass and E. Stockton Croft IV. [21-2801] (KJC) [Entered: 10/08/2021 01:37 PM]
October 7, 2021	Filing 8 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Wilmington Trust NA. [21-2801] (MJP) [Entered: 10/07/2021 11:37 AM]
October 7, 2021	Filing 7 ECF FILER: ENTRY OF APPEARANCE from Sarah M. Adams on behalf of Appellant(s) Wilmington Trust, N.A.. [21-2801] (SMA) [Entered: 10/07/2021 11:16 AM]
October 7, 2021	Filing 6 ECF FILER: ENTRY OF APPEARANCE from Michael J. Prame on behalf of Appellant(s) Wilmington Trust, N.A.. [21-2801] (MJP) [Entered: 10/07/2021 11:14 AM]
October 5, 2021	Filing 5 ECF FILER: ENTRY OF APPEARANCE from Gregory Y. Porter on behalf of Appellee(s) Marlow Henry on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated. [21-2801] (GYP) [Entered: 10/05/2021 03:42 PM]
October 5, 2021	Filing 4 ECF FILER: ENTRY OF APPEARANCE from David A. Felice on behalf of Appellee(s) Marlow Henry on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated. [21-2801] (DAF) [Entered: 10/05/2021 03:39 PM]
October 5, 2021	Filing 3 ECF FILER: ENTRY OF APPEARANCE from Daniel Feinberg on behalf of Appellee(s) Marlow Henry on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated. [21-2801] (DF) [Entered: 10/05/2021 03:04 PM]
October 1, 2021	Filing 2 RECORD available on District Court CM/ECF. (ARR) [Entered: 10/01/2021 05:05 PM]
October 1, 2021	Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants E. Stockton Croft, IV, Brian Sass and Wilmington Trust NA in District Court No. 1-19-cv-01925. (ARR) [Entered: 10/01/2021 05:03 PM]

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Search for this case: Marlow Henry v. Wilmington Trust NA, et al
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Plaintiff / appellee: MARLOW HENRY, on behalf of the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated
Represented By:	Daniel Feinberg Esq.
Represented By:	David A. Felice Esq.
Represented By:	Gregory Y. Porter Esq.
Represented By:	Douglas D. Geyser Esq.
Represented By:	Ryan T. Jenny Esq.
Represented By:	Rachana A. Pathak Esq.
Represented By:	John R. Stokes Esq.
Represented By:	Peter K. Stris Esq.
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Defendant / appellant: WILMINGTON TRUST NA
Represented By:	Sarah M. Adams Esq.
Represented By:	Albert H. Manwaring Esq. IV
Represented By:	Michael J. Prame Esq.
Represented By:	Kirsten A. Zeberkiewicz Esq.
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Defendant / appellant: BRIAN SASS
Represented By:	Artemio C. Aranilla Esq.
Represented By:	Kevin J. Connors Esq.
Represented By:	Kristen J. Kenley Esq.
Represented By:	Mark A. Nebrig Esq.
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Defendant / appellant: E. STOCKTON CROFT, IV
Represented By:	Artemio C. Aranilla Esq.
Represented By:	Kevin J. Connors Esq.
Represented By:	Kristen J. Kenley Esq.
Represented By:	Mark A. Nebrig Esq.
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