John Stana v. SAS Institute, Inc.
| JOHN STANA, individually and on behalf of all others similarly situated and RANDALL WAGNER, individually and on behalf of all others similarly situated |
| SAS INSTITUTE, INC., BOARD OF DIRECTORS OF SAS INSTITUTE, INC., RETIREMENT COMMITTEE OF SAS INSTITUTE, INC. and JOHN DOES 1-30 |
| U.S. ACTING SECRETARY OF LABOR, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA and ERISA INDUSTRY COMMITTEE |
| 26-1305 |
| March 18, 2026 |
| U.S. Court of Appeals, Fourth Circuit |
| Employee Retirement |
Docket Report
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| Filing 40 RESPONSE/ANSWER by Chamber of Commerce of the United States of America and Erisa Industry Committee to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1002052400] [26-1305] Jordan Bock [Entered: 09/11/2026 11:22 AM] |
| Filing 39 RESPONSE/ANSWER by SAS Institute, Inc., Board of Directors of SAS Institute, Inc. and Retirement Committee of SAS Institute, Inc. to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1002052055] [26-1305] Sean McMahan [Entered: 09/10/2026 05:45 PM] |
| Filing 38 RESPONSE/ANSWER by U.S. Acting Secretary of Labor to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1002051228] [26-1305] Edward Wenger [Entered: 09/09/2026 05:51 PM] |
| Filing 37 NOTICE ISSUED to Chamber of Commerce of the United States of America, Erisa Industry Committee, U.S. Acting Secretary of Labor, John Stana, Randall Wagner and Board of Directors of SAS Institute, Inc., John Does 1-30, Retirement Committee of SAS Institute, Inc. and SAS Institute, Inc. requesting response to similar case(s) question [1002049739]. Response to similar case notice due 09/11/2026. [26-1305] AB [Entered: 09/08/2026 02:06 PM] |
| Filing 36 CASE TENTATIVELY CALENDARED for oral argument during the December 8-11, 2026, argument session. Notify Clerk's Office of any scheduling conflict by: 09/15/2026. Any required additional copies of briefs and joint appendices are due 09/15/2026. [1002049589] [26-1305] SCC [Entered: 09/08/2026 12:27 PM] |
| Filing 35 SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by Board of Directors of SAS Institute, Inc., John Does 1-30, Retirement Committee of SAS Institute, Inc. and SAS Institute, Inc.. [1002048022] . [26-1305] Michael Kenneally [Entered: 09/03/2026 03:54 PM] |
| Filing 34 SUPPLEMENTAL AUTHORITIES by John Stana and Randall Wagner. [1002044099] . [26-1305] Mark Gyandoh [Entered: 08/28/2026 04:30 PM] |
| Filing 33 BRIEF by John Stana and Randall Wagner. Type of Brief: REPLY. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1002035963] [26-1305] Mark Gyandoh [Entered: 08/17/2026 02:52 PM] |
| Filing 32 Docket correction requested from John Stana and Randall Wagner. Re: [ # 31 ] memorandum reply brief. Access to memorandum reply brief has been restricted to case participants. [1002035765] [26-1305] PB [Entered: 08/17/2026 12:32 PM] |
| Filing 31 (ENTRY RESTRICTED) MEMORANDUM REPLY BRIEF by John Stana and Randall Wagner. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1002035293] [26-1305]--[Edited 08/17/2026 by PB - See ECF 33] Mark Gyandoh [Entered: 08/14/2026 10:43 PM] |
Filing 30
ORDER filed granting motion to extend filing time [ # 29 ]. Number of days granted: 14. Reply brief due 08/14/2026. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. Copies to all parties. [1002026784] [26-1305] PB [Entered: 07/31/2026 04:59 PM]
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| Filing 29 MOTION by John Stana and Randall Wagner to extend filing time for reply brief until August 14, 2026.. Date and method of service: 07/30/2026 ecf. [1002025549] [26-1305] Mark Gyandoh [Entered: 07/30/2026 02:08 PM] |
| Filing 28 DISCLOSURE STATEMENT by Chamber of Commerce of the United States of America. Was any question on Disclosure Form answered yes? No [1002023212] [26-1305] PB [Entered: 07/28/2026 10:09 AM] |
| Filing 27 DISCLOSURE STATEMENT by Erisa Industry Committee. Was any question on Disclosure Form answered yes? No [1002023208] [26-1305] PB [Entered: 07/28/2026 10:08 AM] |
| Filing 26 APPEARANCE OF COUNSEL by Edward M. Wenger for U.S. Acting Secretary of Labor. [1002023203] [26-1305] PB [Entered: 07/28/2026 10:07 AM] |
| Filing 25 APPEARANCE OF COUNSEL by Jordan Bock for Chamber of Commerce of the United States of America and Erisa Industry Committee. [1002023200] [26-1305] PB [Entered: 07/28/2026 10:06 AM] |
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Filing 24
ORDER filed granting Motion to file amicus curiae brief [ # 21 ]. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1002023189] [26-1305] PB [Entered: 07/28/2026 10:00 AM]
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| Filing 23 AMICUS CURIAE BRIEF by Amici Curiae the Chamber of Commerce of the United States of America and the ERISA Industry Committee. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: Garner v. Northrop, No. 26-1258;Jacobs v. RTX, No. 26-1127 (Whether plaintiffs plausibly allege that defendants' use of forfeitures violates ERISA); Anderson v. Intel, No. 25-498 (U.S.) (Whether underperformance allegations require a meaningful benchmark). [1002021574] [26-1305] Jordan Bock [Entered: 07/24/2026 04:43 PM] |
| Filing 22 AMICUS CURIAE BRIEF by U.S. Acting Secretary of Labor. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1002021506] [26-1305] Edward Wenger [Entered: 07/24/2026 04:21 PM] |
| Filing 21 MOTION by Amici Curiae the Chamber of Commerce of the United States of America and the ERISA Industry Committee to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 07/24/2026 ecf. [1002021496] [26-1305] Jordan Bock [Entered: 07/24/2026 04:10 PM] |
| Filing 20 BRIEF by SAS Institute, Inc., Board of Directors of SAS Institute, Inc. and Retirement Committee of SAS Institute, Inc.. Type of Brief: RESPONSE. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: Garner v. Northrop, No. 26-1258, Jacobs v. RTX, No. 26-1127 (Whether plaintiffs plausibly allege that defendants' use of forfeitures violates ERISA); Anderson v. Intel, No. 25-498 (U.S.)(Whether underperformance allegations require a meaningful benchmark). [1002017149] [26-1305] Michael Kenneally [Entered: 07/17/2026 05:40 PM] |
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Filing 19
ORDER filed granting motion to extend filing time [ # 18 ]. Number of days granted: 30. Response brief due 07/17/2026. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. Copies to all parties. [1001987317] [26-1305] PB [Entered: 05/29/2026 11:01 AM]
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| Filing 18 MOTION by SAS Institute, Inc., Board of Directors of SAS Institute, Inc. and Retirement Committee of SAS Institute, Inc. to extend filing time for response brief until July 17, 2026.. Date and method of service: 05/29/2026 ecf. [1001987246] [26-1305] Michael Kenneally [Entered: 05/29/2026 10:17 AM] |
| Filing 17 JOINT APPENDIX by John Stana and Randall Wagner. Digital media exhibit volume? No. [1001980980] [26-1305] Mark Gyandoh [Entered: 05/18/2026 05:51 PM] |
| Filing 16 BRIEF by John Stana and Randall Wagner. Type of Brief: OPENING. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: See Anderson v. Intel Corp. Inv., 223 L. Ed. 2d 553 (Jan. 16, 2026); Jacob v. RTX Corp., 817 F. Supp. 3d 341 (E.D. Va. 2026) appeal filed, No. 26-1127 (4th Cir. Feb. 6, 2026). [1001980977] [26-1305] Mark Gyandoh [Entered: 05/18/2026 05:49 PM] |
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Filing 15
ORDER filed granting motion to extend filing time [ # 14 ]. Number of days granted: 21. Opening brief and appendix due 05/18/2026. Response brief due 06/17/2026. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. Copies to all parties. [1001962742] [26-1305] PB [Entered: 04/17/2026 03:22 PM]
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| Filing 14 MOTION by John Stana and Randall Wagner to extend filing time for opening brief and appendix until May 8, 2026.. Date and method of service: 04/17/2026 ecf. [1001962724] [26-1305] Mark Gyandoh [Entered: 04/17/2026 02:57 PM] |
| Filing 13 Attorney Pressly McAuley Millen for SAS Institute, Inc. in 26-1305, Peter A. Muhic for Randall Wagner and John Stana in 26-1305, Donald R. Reavey for Randall Wagner and John Stana in 26-1305, John R. Szymankiewicz for Randall Wagner and John Stana in 26-1305 terminated from case. Reason for termination: Not participating. [1001957848] [26-1305] PB [Entered: 04/09/2026 10:35 AM] |
| Filing 12 DOCKETING STATEMENT by John Stana and Randall Wagner.. [1001953903] [26-1305] Mark Gyandoh [Entered: 04/01/2026 04:12 PM] |
| Filing 11 DISCLOSURE STATEMENT by John Stana and Randall Wagner. Was any question on Disclosure Form answered yes? No [1001953900] [26-1305] Mark Gyandoh [Entered: 04/01/2026 04:10 PM] |
| Filing 10 DISCLOSURE STATEMENT by Board of Directors of SAS Institute, Inc., Retirement Committee of SAS Institute, Inc. and SAS Institute, Inc.. Was any question on Disclosure Form answered yes? No [1001952860] [26-1305] Deborah Davidson [Entered: 03/31/2026 02:56 PM] |
| Filing 9 APPEARANCE OF COUNSEL by Deborah S. Davidson for Board of Directors of SAS Institute, Inc., Retirement Committee of SAS Institute, Inc. and SAS Institute, Inc.. [1001952856] [26-1305] Deborah Davidson [Entered: 03/31/2026 02:55 PM] |
| Filing 8 APPEARANCE OF COUNSEL by Matthew A. Russell for Board of Directors of SAS Institute, Inc., Retirement Committee of SAS Institute, Inc. and SAS Institute, Inc.. [1001952855] [26-1305] Deborah Davidson [Entered: 03/31/2026 02:54 PM] |
| Filing 7 APPEARANCE OF COUNSEL by Jared R. Killeen for Board of Directors of SAS Institute, Inc., Retirement Committee of SAS Institute, Inc. and SAS Institute, Inc.. [1001952798] [26-1305] Jared Killeen [Entered: 03/31/2026 02:20 PM] |
| Filing 6 APPEARANCE OF COUNSEL by Michael E. Kenneally for Board of Directors of SAS Institute, Inc., Retirement Committee of SAS Institute, Inc. and SAS Institute, Inc.. [1001952796] [26-1305] Michael Kenneally [Entered: 03/31/2026 02:19 PM] |
| Filing 5 APPEARANCE OF COUNSEL by James A. Maro for John Stana and Randall Wagner. [1001952317] [26-1305] James Maro [Entered: 03/31/2026 08:17 AM] |
| Filing 4 APPEARANCE OF COUNSEL by Mark K. Gyandoh for John Stana and Randall Wagner. [1001952315] [26-1305] Mark Gyandoh [Entered: 03/31/2026 08:08 AM] |
| Filing 3 BRIEFING ORDER filed. Mailed to: Mark K. Gyandoh, Jared R. Killeen, Peter A. Muhic, Donald R. Reavey, and John R. Szymankiewicz. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. All filings must comply with # Appendix Pagination & Brief Citation Guide . [1001945573] Opening Brief and Appendix due 04/27/2026. Response Brief due 05/27/2026. [26-1305] PB [Entered: 03/18/2026 12:48 PM] |
| Filing 2 DOCKETING NOTICE issued Re: [ # 1 ] case. Originating case number: 5:24-cv-00105-D-RN. Mailed to: Mark K. Gyandoh, Jared R. Killeen, Peter A. Muhic, Donald R. Reavey, and John R. Szymankiewicz. [1001945570] [26-1305] PB [Entered: 03/18/2026 12:45 PM] |
| Filing 1 Case docketed. Originating case number: 5:24-cv-00105-D-RN. Case manager: PBallard. [1001945562] [26-1305] PB [Entered: 03/18/2026 12:42 PM] |
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