David Burnett, et al v. Prudent Fiduciary Services LLC, et al
| DAVID BURNETT and DAVID NELSON, as individuals and representatives of the Class described herein, and on behalf of the Western Global Airlines, Inc. Employee Stock Ownership Plan |
| PRUDENT FIDUCIARY SERVICES LLC, MIGUEL PAREDES, JAMES K. NEFF, CARMIT P. NEFF, CARMIT P. NEFF REVOCABLE TRUST, dated, JAMES K. NEFF REVOCABLE TRUST, dated and WGA TRUST, dated |
| 23-1527 |
| April 3, 2023 |
| U.S. Court of Appeals, Third Circuit |
| ERISA Employ Retire Income Sec Act |
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Filing 41
ORDER (KRAUSE, PORTER and CHUNG, Circuit Judges) granting the Motion for Summary Affirmance. The Motions for Extension of Time and Motion for Stay are denied. Panel ID: BCO-106 Judge: PORTER Authoring (SLC) [Entered: 08/15/2023 10:14 AM]
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| Filing 40 ECF FILER: Letter dated 08/09/2023 , filed pursuant to Rule 28(j) from counsel for Appellants Miguel Paredes and Prudent Fiduciary Services LLC. Service made by ECF.--[Edited 08/09/2023 by SLC] (LCG) [Entered: 08/09/2023 12:51 PM] |
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Filing 39
ORDER (Clerk) referring to a motions panel the motion for summary affirmance, motion for stay, moiton for extension of time, responses and replies. The briefing is hereby temporarily stayed pending the Court's disposition of the motions. (SLC) [Entered: 08/07/2023 09:12 AM]
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| Filing 38 ECF FILER: Reply by Appellants James K. Neff, Carmit P. Neff, James K. Neff Revocable Trust, Carmit P. Neff Revocable Trust and WGA Trust to Response. Certificate of Service dated 08/06/2023. Service made by ECF [23-1527] (DRJ) [Entered: 08/06/2023 12:17 PM] |
| Filing 37 ECF FILER: Reply by Appellants Miguel Paredes and Prudent Fiduciary Services LLC to motion. Certificate of Service dated 08/04/2023. Service made by ECF [23-1527] (LCG) [Entered: 08/04/2023 04:57 PM] |
| Filing 36 ECF FILER: Response filed by Appellees David Burnett and David Nelson to motion for extension of time. Certificate of Service dated 08/03/2023. [23-1527] (JRS) [Entered: 08/03/2023 01:06 AM] |
| Filing 35 ECF FILER: Response filed by Appellees David Burnett and David Nelson to motion to stay briefing schedule. Certificate of Service dated 07/28/2023. [23-1527] (JRS) [Entered: 07/28/2023 02:08 AM] |
| Filing 34 TEXT ONLY ORDER The document at docket entry [ # 33 ] was received after 5:00 p.m. ET on the last day for filing. Pursuant to 3rd Cir. L.A.R. 26.1, a document must be received by 5:00 p.m. ET on the last day for filing to be timely. The Court is waiving the requirement to file a motion to file out of time for documents received on the last day for filing after 5:00 p.m. ET through December 31, 2023. After December 31, 2023, a motion will be required. Please make note of the 5:00 p.m. ET deadline going forward. (SLC) [Entered: 07/25/2023 09:06 AM] |
| Filing 33 ECF FILER: Response filed by Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff and WGA Trust to motion for summary action. Certificate of Service dated 07/24/2023. [23-1527] (DRJ) [Entered: 07/24/2023 10:19 PM] |
| Filing 32 ECF FILER: Response filed by Appellants Miguel Paredes and Prudent Fiduciary Services LLC to motion for summary action. Certificate of Service dated 07/24/2023. [23-1527] (LCG) [Entered: 07/24/2023 05:48 PM] |
| Filing 31 ECF FILER: Motion filed by Appellants Miguel Paredes and Prudent Fiduciary Services LLC for Extension of Time to file opening merits brief and response to motion for summary affirmance (for all Appellants) until/for if Motion to Stay is denied, 10 days from the denial for Appellants to file their responses to motion for summary affirmance, and 30 days from the denial to file Appellants' opening brief.. Certificate of Service dated 07/24/2023. Service made by ECF. [23-1527] (LCG) [Entered: 07/24/2023 05:46 PM] |
| Filing 30 ECF FILER: Motion filed by Appellants Miguel Paredes and Prudent Fiduciary Services LLC to stay briefing schedule. Certificate of Service dated 07/24/2023. Service made by ECF. [23-1527] (LCG) [Entered: 07/24/2023 05:38 PM] |
| Filing 29 ECF FILER: LETTER from Attorney Jesus A. Osete, Esq. for Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff, WGA Trust and Appellee David Nelson Withdrawal of Counsel. Certificate of Service dated 07/14/2023. Service made by ECF. [23-1527] (JAO) [Entered: 07/14/2023 05:13 PM] |
| Filing 28 ECF FILER: Letter filed by Appellants James K. Neff, Carmit P. Neff, James K. Neff Revocable Trust, Carmit P. Neff Revocable Trust and WGA Trust filed by Attorney Barbara A. Smith, Esq. for Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff and WGA Trust to withdraw as counsel. Certificate of Service dated 07/14/2023. Service made by ECF. [23-1527]--[Edited 07/18/2023 by SLC] (BAS) [Entered: 07/14/2023 05:06 PM] |
| Filing 27 ECF FILER: LETTER from Attorney Jeffrey S. Russell, Esq. for Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff and WGA Trust Withdrawal of Counsel Letter. Certificate of Service dated 07/14/2023. Service made by ECF. [23-1527] (JSR) [Entered: 07/14/2023 04:58 PM] |
| Filing 26 ECF FILER: Motion filed by Appellees David Burnett and David Nelson to summarily affirm. Certificate of Service dated 07/14/2023. Service made by ECF. [23-1527] (JRS) [Entered: 07/14/2023 02:46 PM] |
| Filing 25 ECF FILER: ENTRY OF APPEARANCE from David R. Johanson on behalf of Appellant(s) JAMES K. NEFF; CARMIT P. NEFF; CARMIT P. NEFF REVOCABLE TRUST, dated 11/15/12; JAMES K. NEFF REVOCABLE TRUST, dated 11/15/12; and WGA TRUST, dated 8/16/13. [23-1527] (DRJ) [Entered: 07/11/2023 05:29 PM] |
| Filing 24 TEXT ONLY ORDER (Clerk) granting Unopposed Jooint Motion by Appellants for Extension of Time to File Brief and Appendix. Appellants' brief and appendix must be filed and served on or before July 28, 2023. (DW) [Entered: 06/08/2023 04:11 PM] |
| Filing 23 ECF FILER: UNOPPOSED Joint Motion filed by Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff, WGA Trust, Prudent Fiduciary Services LLC and Miguel Paredes for Extension of Time to file Opening Brief and Appendix until/for 30 days. Certificate of Service dated 06/07/2023. Service made by ECF. [23-1527]--[Edited 07/14/2023 by CJG] (BAS) [Entered: 06/07/2023 12:04 PM] |
| Filing 22 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff, Miguel Paredes, Prudent Fiduciary Services LLC and WGA Trust due on or before 06/28/2023. Appendix due on or before 06/28/2023. (SLC) [Entered: 05/19/2023 08:06 AM] |
| Filing 21 CLERK EVENT transcript by Court Reporter Deanna Warner filed in District Court on 05/18/2023. (SLC) [Entered: 05/19/2023 08:04 AM] |
| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Eleanor E. Frisch on behalf of Appellee(s) David Burnett, Michael Paradise, and David Nelson, as representatives of a class of similarly situated persons, and on behalf of the Western Global Airlines Inc. Employee Stock Ownership Plan. [23-1527] (EEF) [Entered: 04/25/2023 05:14 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Barbara A. Smith on behalf of Appellant(s) James K. Neff, Carmit P. Neff, Carmit P. Neff Revocable Trust dated 11/15/12, James K. Neff Revocable Trust dated 11/15/12, and WGA Trust dated 8/16/13. [23-1527] (BAS) [Entered: 04/18/2023 04:32 PM] |
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Filing 18
ORDER to Court Reporter Deanna Warner directing transcripts, ordered on 04/18/2023 , to be filed by 05/22/2023. (SLC) [Entered: 04/18/2023 10:04 AM]
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| Filing 17 ECF FILER: Concise Summary of the Case filed by Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff, Miguel Paredes, Prudent Fiduciary Services LLC and WGA Trust. [23-1527] (LCG) [Entered: 04/17/2023 06:08 PM] |
| Filing 16 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff, Miguel Paredes, Prudent Fiduciary Services LLC and WGA Trust. [23-1527] (LCG) [Entered: 04/17/2023 06:07 PM] |
| Filing 15 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Miguel Paredes and Prudent Fiduciary Services LLC advising this court that transcripts are needed. Requested date(s) are: October 27, 2022, to be filed by Deanna Warner. [23-1527] (LCG) [Entered: 04/17/2023 06:05 PM] |
| Filing 14 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Prudent Fiduciary Services LLC. [23-1527] (LCG) [Entered: 04/17/2023 06:02 PM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Jeffrey S. Russell on behalf of Appellant(s) James K. Neff; Carmit P. Neff; Carmit P. Neff Revocable Trust, dated 11/15/12; James K. Neff Revocable Trust, dated 11/15/12; and WGA Trust, dated 8/16/13. [23-1527] (JSR) [Entered: 04/17/2023 05:04 PM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Jesus A. Osete on behalf of Appellant(s) JAMES K. NEFF; CARMIT P. NEFF; CARMIT P. NEFF REVOCABLE TRUST, dated 11/15/12; JAMES K. NEFF REVOCABLE TRUST, dated 11/15/12; and WGA TRUST, dated 8/16/13. [23-1527] (JAO) [Entered: 04/17/2023 03:33 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Peter K. Stris on behalf of Appellee(s) David Burnett and David Nelson, as representatives of a class and on behalf of the Western Global Airlines, Inc. Employee Stock Ownership Plan. [23-1527] (PKS) [Entered: 04/17/2023 03:28 PM] |
| Filing 10 ECF FILER: ENTRY OF APPEARANCE from Rachana A. Pathak on behalf of Appellee(s) David Burnett and David Nelson, as representatives of a class and on behalf of the Western Global Airlines, Inc. Employee Stock Ownership Plan. [23-1527] (RAP) [Entered: 04/17/2023 03:18 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Michelle C. Yau on behalf of Appellee(s) DAVID BURNETT, MICHAEL PARADISE, and DAVID NELSON, as representatives of a class of similarly situated persons and on behalf of the WESTERN GLOBAL AIRLINES, INC. EMPLOYEE STOCK OWNERSHIP PLAN. [23-1527] (MCY) [Entered: 04/17/2023 02:44 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Paul J. Lukas on behalf of Appellee(s) David Burnett and David Nelson. [23-1527] (PJL) [Entered: 04/17/2023 02:18 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Brock J. Specht on behalf of Appellee(s) David Burnett and David Nelson. [23-1527] (PJL) [Entered: 04/17/2023 02:15 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from John Stokes on behalf of Appellee(s) David Burnett and David Nelson, as representatives of a class and on behalf of the Western Global Airlines, Inc. Employee Stock Ownership Plan. [23-1527] (JRS) [Entered: 04/17/2023 02:06 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Larry M. Blocho Jr. on behalf of Appellant(s) Prudent Fiduciary Services LLC and Miguel Paredes. [23-1527] (LMB) [Entered: 04/14/2023 05:26 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Sean C. Abouchedid on behalf of Appellant(s) Prudent Fiduciary Services LLC and Miguel Paredes. [23-1527] (SCA) [Entered: 04/14/2023 05:25 PM] |
| Filing 3 ECF FILER: ENTRY OF APPEARANCE from Lars C. Golumbic on behalf of Appellant(s) Prudent Fiduciary Services LLC and Miguel Paredes. [23-1527] (LCG) [Entered: 04/14/2023 05:24 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (SLC) [Entered: 04/03/2023 10:36 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Carmit P. Neff Revocable Trust, James K. Neff Revocable Trust, Carmit P. Neff, James K. Neff, Miguel Paredes, Prudent Fiduciary Services LLC and WGA Trust in District Court No. 1-22-cv-00270. (SLC) [Entered: 04/03/2023 10:33 AM] |
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