Teodosio et al v. DaVita, Inc. et al
Lourdes M. Teodosio, Amber Brock, Garoon J. Gibbs-Racho and DaMon A. Parks, Sr. |
DaVita, Inc., Board of Directors of DaVita, Inc., The and Plan Administrative Committee of DaVita, Inc., The |
1:2022cv00712 |
March 23, 2022 |
US District Court for the District of Colorado |
Maritza Dominguez Braswell |
William J Martinez |
Nina Y Wang |
Employee Retirement Income Security Act (ERISA) |
29 U.S.C. § 1109 Breach of Fiduciary Duties |
None |
Docket Report
This docket was last retrieved on December 6, 2024. A more recent docket listing may be available from PACER.
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Filing 75 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS. Defendants' Motion to Dismiss Under Rules 12(b) (1) and 12(b)(6) #35 is GRANTED in part and DENIED in part as set forth herein. Plaintiffs are granted leave to file a motion for leave to file a second amended complaint, which addresses the issues raised in this Order, by no later than August 31, 2023. SO ORDERED by Judge William J. Martinez on 7/26/2023.(trvo, ) |
Filing 74 NOTICE of Supplemental Authorities re: #35 MOTION to Dismiss Under Rules 12(B)(1) and 12(B)(6) by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The (Attachments: #1 Exhibit A - Mateya v. Cook Grp. Inc., #2 Exhibit B - Williams v. Centene Corp.)(Boran, Christopher) |
Filing 73 NOTICE of Supplemental Authorities Plaintiffs' Notice of Supplemental Authorities in Support of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss re: #41 Brief in Opposition to Motion by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio (Attachments: #1 Exhibit A - Mazza v. Pactiv, #2 Exhibit B - Hagins v. Knight-Swift, #3 Exhibit C - McLachlan v. Elevator)(Gyandoh, Mark) |
Filing 72 COURTROOM MINUTES for Motion Hearing held on 6/5/2023 before Magistrate Judge Maritza Dominguez Braswell. The parties' #66 Joint MOTION for Extension of Time to Complete Discovery and to Modify Scheduling Order is GRANTED; Fact discovery cutoff extended to 8/4/2023. Initial expert disclosure deadline extended to 8/15/2023. Motion for Class Certification deadline extended to 9/15/2023. Rebuttal expert disclosure deadline extended to 9/29/2023. Expert discovery cutoff extended to 11/13/2023. Dispositive and 702 Motions deadline extended to 1/18/2024. FTR: Courtroom 101. (evaug ) |
Filing 71 NOTICE of Entry of Appearance by Kevin Francis Gaffney on behalf of All Defendants Attorney Kevin Francis Gaffney added to party Board of Directors of DaVita, Inc., The(pty:dft), Attorney Kevin Francis Gaffney added to party DaVita, Inc.(pty:dft), Attorney Kevin Francis Gaffney added to party Plan Administrative Committee of DaVita, Inc., The(pty:dft) (Gaffney, Kevin) |
Filing 70 NOTICE of Entry of Appearance by Brandon S. Williams on behalf of Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. TeodosioAttorney Brandon S. Williams added to party Amber Brock(pty:pla), Attorney Brandon S. Williams added to party Garoon J. Gibbs-Racho(pty:pla), Attorney Brandon S. Williams added to party DaMon A. Parks, Sr.(pty:pla), Attorney Brandon S. Williams added to party Lourdes M. Teodosio(pty:pla) (Williams, Brandon) |
Filing 69 NOTICE of Entry of Appearance by James A. Wells on behalf of Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. TeodosioAttorney James A. Wells added to party Amber Brock(pty:pla), Attorney James A. Wells added to party Garoon J. Gibbs-Racho(pty:pla), Attorney James A. Wells added to party DaMon A. Parks, Sr.(pty:pla), Attorney James A. Wells added to party Lourdes M. Teodosio(pty:pla) (Wells, James) |
Filing 68 MINUTE ORDER Setting Hearing on Motion: A Motion Hearing regarding the #66 Joint Motion to Modify Scheduling Order is SET for June 5, 2023, at 9:30 AM before Magistrate Judge Maritza Dominguez Braswell. The Hearing will be conducted by video. The parties should refer to the attached instructions for appearing by video means. By Magistrate Judge Maritza Dominguez Braswell on 5/24/2023. Text Only Entry (mdblc1) |
Filing 67 MEMORANDUM regarding #66 Joint MOTION for Extension of Time to Complete Discovery and to Modify Scheduling Order filed by Plan Administrative Committee of DaVita, Inc., The, Board of Directors of DaVita, Inc., The, DaVita, Inc.. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 5/23/2023. Text Only Entry (wjmsec, ) |
Filing 66 Joint MOTION for Extension of Time to Complete Discovery and to Modify Scheduling Order by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The. (Attachments: #1 Proposed Order (PDF Only))(Boran, Christopher) |
Filing 65 NOTICE of Supplemental Authorities by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The (Attachments: #1 Exhibit A - Krutchen v. Ricoh USA II)(Boran, Christopher) |
Filing 64 NOTICE of Supplemental Authorities Plaintiffs' Notice of Supplemental Authority in Support of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio (Attachments: #1 Exhibit 1 - Seidner v. Kimberly-Clark)(Gyandoh, Mark) |
Filing 63 NOTICE of Supplemental Authorities Plaintiffs' Corrected Notice of Supplemental Authorities re: #62 Notice of Supplemental Authorities,, by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio (Attachments: #1 Exhibit A - Hughes v. Northwestern, #2 Exhibit B - Coppel v. Seaworld, #3 Exhibit C - Lucera v. Credit Union, #4 Exhibit D - Brown v. Mitre, #5 Exhibit E - Norton v. Mass General, #6 Exhibit F - Monteiro v. Children's Hospital, #7 Exhibit G - Stengle v. L3Harris)(Gyandoh, Mark) |
Filing 62 NOTICE of Supplemental Authorities in Support of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss re: #41 Brief in Opposition to Motion by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio (Attachments: #1 Exhibit A - Hughes v. Northwestern, #2 Exhibit B - Coppel v. Seaworld Parks, #3 Exhibit C - Lucero v. Credit Union, #4 Exhibit D. Brown v. Mitre, #5 Exhibit E - Norton v. Mass Ceneral, #6 Exhibit F - Monteiro v. Children's Hospital, #7 Exhibit G - Stengl v. Harris)(Gyandoh, Mark) |
Filing 61 NOTICE of Supplemental Authorities by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The (Attachments: #1 Exhibit A - Probst v. Eli Lilly)(Boran, Christopher) |
Filing 60 NOTICE of Entry of Appearance by Melissa Lawson Romero on behalf of Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., TheAttorney Melissa Lawson Romero added to party Board of Directors of DaVita, Inc., The(pty:dft), Attorney Melissa Lawson Romero added to party DaVita, Inc.(pty:dft), Attorney Melissa Lawson Romero added to party Plan Administrative Committee of DaVita, Inc., The(pty:dft) (Romero, Melissa) |
Filing 59 NOTICE of Entry of Appearance by Kathryn A. Reilly on behalf of Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., TheAttorney Kathryn A. Reilly added to party Board of Directors of DaVita, Inc., The(pty:dft), Attorney Kathryn A. Reilly added to party DaVita, Inc.(pty:dft), Attorney Kathryn A. Reilly added to party Plan Administrative Committee of DaVita, Inc., The(pty:dft) (Reilly, Kathryn) |
Filing 58 NOTICE of Supplemental Authorities by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The (Attachments: #1 Exhibit A - Fritton v. Taylor Corp., #2 Exhibit B - Singh v. Deloitte LLP, #3 Exhibit C - Krutchen v. Ricoh USA, #4 Exhibit D - Locascio v. Fluor Corp.)(Boran, Christopher) |
Filing 57 MINUTE ORDER granting #55 Joint Status Report and Motion to Modify Scheduling Order. The deadline for service of interrogatories, requests for production, and requests for admission is extended to April 19, 2023. Fact discovery cut-off is extended to June 5, 2023. The affirmative expert disclosure deadline is extended to June 16, 2023. The deadline to file motions for class certification is extended to July 17, 2023. The rebuttal expert disclosure deadline is extended to July 31, 2023. The deadline to complete expert discovery is extended to September 13, 2023. The dispositive motions deadline is extended to October 4, 2023. The Final Pretrial Conference is RESET for December 11, 2023 at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Final Pretrial Conference will be conducted entirely BY VIDEO, and all necessary parties SHALL attend by that means. Please see the attached instructions on how to participate by video means. The proposed pretrial order shall be due December 4, 2023. By Magistrate Judge Maritza Dominguez Braswell on 01/18/23. Text Only Entry(mdblc2) |
Filing 56 MEMORANDUM regarding #55 MOTION to Amend/Correct/Modify #34 Scheduling Order,, Joint Status Report and Motion to Modify Scheduling Order filed by DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock, Lourdes M. Teodosio. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 1/18/2023. Text Only Entry (wjmsec, ) |
Filing 55 MOTION to Amend/Correct/Modify #34 Scheduling Order,, Joint Status Report and Motion to Modify Scheduling Order by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio. (Attachments: #1 Proposed Order (PDF Only) Proposed Amended Scheduling Order)(Gyandoh, Mark) |
Filing 54 COURTROOM MINUTES for Status Conference held on 1/11/2023 before Magistrate Judge Maritza Dominguez Braswell: Parties request an extension of discovery deadlines as both sides anticipate that the discovery process will take additional time. The Court directs the parties to file a joint motion briefly detailing their request with a revised Proposed Scheduling Order.. FTR: Courtroom 101. (evaug ) |
Filing 53 Joint STATUS REPORT by Defendant DaVita, Inc.. (Boran, Christopher) |
Filing 52 NOTICE of Supplemental Authorities re: #41 Brief in Opposition to Motion by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio (Attachments: #1 Exhibit A - Rodriguez v. Hy-Vee, #2 Exhibit B - Coyer v. Univar, #3 Exhibit C - Peck v. Munson Healthcare)(Gyandoh, Mark) |
Filing 51 ORDER striking Plaintiffs' Notice of Supplemental Authorities in Support of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss #50 . Plaintiffs' Notice of Supplemental Authority is STRICKEN without prejudice to refiling for failure to comply with this Court's Revised Practice Standard III.K, which states "Such a notice shall be limited to the case title, citation, date of decision, and a single-sentence reference.." and "No comment, briefing, or responsive comment as to the significance or interpretation of the decision may be made absent further order..". SO ORDERED by Judge William J. Martinez on 11/29/2022. Text Only Entry (wjmsec, ) |
Filing 50 STRICKEN NOTICE of Supplemental Authorities Plaintiffs' Notice of Supplemental Authorities in Support of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss re: #41 Brief in Opposition to Motion by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio (Attachments: #1 Exhibit A - Rodriguez v. Hy-Vee, #2 Exhibit B - Coyer v. Univar Solutions, #3 Exhibit C - Peck v. Munson Healthcare)(Gyandoh, Mark) Modified on 12/1/2022 to strike pursuant to 51 Order (trvo, ). |
Filing 49 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Attorneys Mark K. Gyandoh and Donald R. Reavey: your 2022 Biennial / Renewal Fee payments were ENTERED IN ERROR in this civil case. The Instructions for Payment of the Attorney 2022 Biennial Renewal Fee available on the U.S. District Court website (http://www.cod.uscourts.gov/AttorneyInformation/BiennialRenewalFeeInformation.aspx) and the bullet point guidance on the Biennial Fee page itself indicate that the fee must be paid in the specially-designated miscellaneous case, 22-mc-6000. DO NOT TAKE ANY FURTHER ACTION. Instead, in order to maintain a correct public record of payments of the biennial fee by counsel, court staff must now manually transfer the payment record from this case to 22-mc-6000. IN THE FUTURE, counsel SHALL fully review instruction documents, and if unsure how to proceed, contact the Attorney Services Division of the court at: cod_attorneyservices@cod.uscourts.gov. Signed on this date, Edward Butler, Legal Officer, U.S. District Court. (Text Only Entry) (ebutl) |
Filing 48 ORDER granting #45 Motion to Withdraw as Attorney. Attorney Gabrielle Patricia Kelerchian terminated by Magistrate Judge Maritza Dominguez Braswell on 10/18/2022.(evaug ) |
Filing 47 MEMORANDUM regarding #45 MOTION to Withdraw as Attorney filed by DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock, Lourdes M. Teodosio. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 10/18/2022. Text Only Entry (wjmsec, ) |
Filing 46 REPLY to Response to #35 MOTION to Dismiss Under Rules 12(B)(1) and 12(B)(6) filed by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The. (Boran, Christopher) |
Filing 45 MOTION to Withdraw as Attorney by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio. (Attachments: #1 Proposed Order (PDF Only))(Kelerchian, Gabrielle) |
Filing 44 2022 Biennial fee payment for Donald R. Reavey $60, receipt number ACODC-8689204.. (Reavey, Donald) |
Filing 43 2022 Biennial fee payment for Mark K. Gyandoh $60, receipt number ACODC-8689173.. (Gyandoh, Mark) |
Filing 42 DECLARATION of Mark K. Gyandoh regarding Brief in Opposition to Motion #41 by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio. (Attachments: #1 Exhibit 1 - Garnick v. Wake Forest, #2 Exhibit 2 - Nohara v. Prevea Clinic, #3 Exhibit 3 - Garcia v. Alticor, #4 Exhibit 4 - Berkelhammer v. ADP, #5 Exhibit 5 - Coviello v. BHS Management, #6 Exhibit 6 - Dearing v. IQVIA, #7 Exhibit 7 - Garcia v. Alticor, #8 Exhibit 8 - McNeilly v. Spectrum Health, #9 Exhibit 9 - Khan v. PTC, #10 Exhibit 10 - Bilello V. Estee Lauder, #11 Exhibit 11 - Nunex v. Braun, #12 Exhibit 12 - Moler v. University of Maryland, #13 Exhibit 13 - Moore v. Humana)(Gyandoh, Mark) |
Filing 41 BRIEF in Opposition to #35 MOTION to Dismiss Under Rules 12(B)(1) and 12(B)(6) filed by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio. (Gyandoh, Mark) |
Filing 40 MINUTE ORDER granting #36 Motion to Restrict Exhibits D and E in Support of Defendants' Motion to Dismiss. The Clerk is directed to maintain Defendants' #37 Exhibit D and #38 Exhibit E UNDER RESTRICTION at Level 1. By Magistrate Judge Maritza Dominguez Braswell on 09/01/22. Text Only Entry(mdblc2) |
Filing 39 MEMORANDUM regarding #36 Unopposed MOTION for Leave to Restrict filed by Plan Administrative Committee of DaVita, Inc., The, Board of Directors of DaVita, Inc., The, DaVita, Inc.. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge William J. Martinez on 8/29/2022. Text Only Entry (wjmsec, ) |
Filing 38 RESTRICTED DOCUMENT - Level 1: Exhibit E to #35 Motion to Dismiss by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The.. (Boran, Christopher) Modified on 8/29/2022 to add title (trvo, ). |
Filing 37 RESTRICTED DOCUMENT - Level 1: Exhibit D to #35 Motion to Dismiss by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The.. (Boran, Christopher) Modified on 8/29/2022 to add title (trvo, ). |
Filing 36 Unopposed MOTION for Leave to Restrict by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The. (Boran, Christopher) |
Filing 35 MOTION to Dismiss Under Rules 12(B)(1) and 12(B)(6) by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The. (Attachments: #1 Exhibit A - Investment Policy Statement, #2 Exhibit B - 2020 Participant Disclosure, #3 Exhibit C - 2020 Form 5500, #4 Exhibit D - Document Filed Under Seal, #5 Exhibit E - Document Filed Under Seal, #6 Exhibit F - Release Agreement, #7 Exhibit G - 2016 Disclosure, #8 Exhibit H - 2021 Retirement Statement, #9 Exhibit I - Summary of Recordkeeping Fees, #10 Exhibit J - ICI Study, #11 Exhibit K - 2019 NEPC Defined Contribution Progress Report, #12 Exhibit L - Publicis 5500, #13 Exhibit M - Chart of Comparator Plan Fees)(Boran, Christopher) |
Filing 34 SCHEDULING ORDER: Fact Discovery cutoff is by 3/4/2023. Dispositive Motions due by 7/1/2023. A Telephonic Status Conference is set for 1/11/2023 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. Status Report due by 1/4/2023. A Telephonic Final Pretrial Conference set for 9/19/2023 09:00 AM before Magistrate Judge Maritza Dominguez Braswell. Proposed Final Pretrial Order due by 9/12/2023. The Parties should read this Scheduling Order in its entirety based on modifications or additions the Court made to the proposed order submitted. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 8/22/2022. (evaug ) |
Filing 33 Proposed Scheduling Order Amended by Defendant DaVita, Inc.. (Boran, Christopher) |
Filing 32 ORDER granting Defendants' Unopposed Motion for Additional Pages Relating to Defendants' Motion to Dismiss #31 . Defendants' Motion is GRANTED for good cause shown. Defendants are granted leave to file their Motion to Dismiss not to exceed 20 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 8/18/2022. Text Only Entry(wjmsec, ) |
Filing 31 Unopposed MOTION for Leave to File Excess Pages Relating to Defendants' Motion to Dismiss by Defendant DaVita, Inc.. (Boran, Christopher) |
Filing 29 COURTROOM MINUTES for Scheduling Conference held on 8/9/2022 before Magistrate Judge Maritza Dominguez Braswell: For reasons put forth on the record, the parties shall confer on deadlines and a date for a status conference and submit a revised proposed scheduling order on or before 8/19/2022. FTR: Courtroom 101. (evaug ) |
Filing 28 MINUTE ORDER: A TELEPHONIC Scheduling Conference is SET for August 9, 2022 at 10:30 AM before Magistrate Judge Maritza Dominguez Braswell. At the appointed time, each participant should call 571-353-2301, and then enter ID # 617286044. The court expects parties to utilize land line telephones rather than cellular devices whenever possible. If a party must utilize a cellular telephone, the caller must be in an indoor stationary position. By Magistrate Judge Maritza Dominguez Braswell on 08/02/22. Text Only Entry (mdblc2) |
Filing 27 REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Nina Y. Wang as a United States District Judge, this action is randomly reassigned to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should reference Magistrate Judge Dominguez Braswell at the end of the civil action number (22-cv-00712-WJM-MDB). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Dominguez Braswell. (Text only entry) (jcharl, ) |
Filing 26 MINUTE ORDER: Judge Nina Y. Wang was sworn in as a United States District Court Judge on July 22, 2022. In light of the potential reassignment of this action to another Magistrate Judge, the Scheduling Conference scheduled for July 25, 2022 at 10:00 AM is hereby VACATED, to be RE-SET by the Magistrate Judge assuming this action. By Judge Nina Y. Wang on 7/22/2022. Text Only Entry (nywlc3, ) |
Filing 25 MINUTE ORDER: Plaintiffs' Motion for Attorney, Mark K. Gyandoh, to Appear Telephonically #21 and Defendants' Unopposed Motion to Appear Telephonically #23 are GRANTED. The Scheduling Conference is hereby CONVERTED to a telephonic Scheduling Conference. The Parties shall use the following dial-in information: 888-363-4749, Access Code: 5738976 to participate at the designated time. By Magistrate Judge Nina Y. Wang on 7/19/2022. Text Only Entry (nywlc3, ) |
Filing 24 MEMORANDUM regarding #21 MOTION for Leave to Appear Telephonically filed by DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock, Lourdes M. Teodosio, #23 Unopposed MOTION for Leave to Appear Telephonically filed by DaVita, Inc.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 7/19/2022. Text Only Entry (wjmsec, ) |
Filing 23 Unopposed MOTION for Leave to Appear Telephonically by Defendant DaVita, Inc.. (Boran, Christopher) |
Filing 22 Proposed Scheduling Order by Defendant DaVita, Inc.. (Boran, Christopher) |
Filing 21 MOTION for Leave to Appear Telephonically by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio. (Gyandoh, Mark) |
Filing 20 AMENDED COMPLAINT against Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The, filed by Lourdes M. Teodosio, DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock.(Gyandoh, Mark) |
Filing 19 MINUTE ORDER: The Joint Motion to Reset Defendants' Responsive Pleading Deadline, Set Plaintiffs' Deadline to File Amended Complaint, and Set Briefing Schedule for Defendants' Anticipated Motion to Dismiss #16 is GRANTED. Plaintiffs shall file an amended complaint on or before 7/8/2022. See Fed. R. Civ. P. 15; D.C.COLO.LCivR 15.1. Defendants shall file their responsive pleading by 8/26/2022. Should Defendants file a motion to dismiss in response to the forthcoming amended complaint, Plaintiffs shall respond to such motion to dismiss by 9/23/2022, and Defendants shall reply by 10/14/2022. The Scheduling Conference set for 7/25/2022 remains set. By Magistrate Judge Nina Y. Wang on 6/14/2022. Text Only Entry (nywlc3, ) |
Filing 18 NOTICE of Entry of Appearance by Eric Michael Makinen on behalf of Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., TheAttorney Eric Michael Makinen added to party Board of Directors of DaVita, Inc., The(pty:dft), Attorney Eric Michael Makinen added to party DaVita, Inc.(pty:dft), Attorney Eric Michael Makinen added to party Plan Administrative Committee of DaVita, Inc., The(pty:dft) (Makinen, Eric) |
Filing 17 MEMORANDUM regarding #16 Joint MOTION to Reset Defendants' Responsive Pleading Deadline, Set Plaintiffs' Deadline to File an Amended Complaint, and Set a Briefing Schedule for Defendants' Anticipated Motion to Dismiss filed by Plan Administrative Committee of DaVita, Inc., The, Board of Directors of DaVita, Inc., The, DaVita, Inc.. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 6/13/2022. Text Only Entry (wjmsec, ) |
Filing 16 Joint MOTION to Reset Defendants' Responsive Pleading Deadline, Set Plaintiffs' Deadline to File an Amended Complaint, and Set a Briefing Schedule for Defendants' Anticipated Motion to Dismiss by Defendants Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., The. (Boran, Christopher) |
Filing 15 NOTICE of Entry of Appearance by Christopher Joseph Boran on behalf of Board of Directors of DaVita, Inc., The, DaVita, Inc., Plan Administrative Committee of DaVita, Inc., TheAttorney Christopher Joseph Boran added to party Board of Directors of DaVita, Inc., The(pty:dft), Attorney Christopher Joseph Boran added to party DaVita, Inc.(pty:dft), Attorney Christopher Joseph Boran added to party Plan Administrative Committee of DaVita, Inc., The(pty:dft) (Boran, Christopher) |
Filing 14 MINUTE ORDER: The Unopposed Motion to Re-Schedule Scheduling Conference #12 is GRANTED. The Scheduling Conference is RESET for 7/25/2022 at 10:00 AM, in Courtroom A-502, 5th Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The Proposed Scheduling Order is due 7/18/2022. In addition, the Parties are advised that future motions for extensions of time or continuances must comply with D.C.COLO.LCivR 6.1(c), which provides that, "[w]hen a stipulation or motion for extension of time or continuance is filed, it shall be served contemporaneously by counsel on his or her client." By Magistrate Judge Nina Y. Wang on 5/18/2022. Text Only Entry (nywlc3, ) |
Filing 13 MEMORANDUM regarding #12 Unopposed MOTION to Continue Scheduling Conference filed by DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock, Lourdes M. Teodosio. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 5/17/2022. Text Only Entry (wjmsec, ) |
Filing 12 Unopposed MOTION to Continue Scheduling Conference by Plaintiffs Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. Teodosio. (Attachments: #1 Proposed Order (PDF Only) Proposed Order to Continue Scheduling Conference)(Gyandoh, Mark) |
Filing 11 MINUTE ORDER: In light of the Waivers of Service filed by Plaintiffs [8, 9, 10], the Scheduling Conference is RESET for 7/11/2022 at 9:30 AM before Magistrate Judge Nina Y. Wang. The Proposed Scheduling Order is due 7/5/2022. By Magistrate Judge Nina Y. Wang on 4/26/2022. Text Only Entry (nywlc3, ) |
Filing 10 WAIVER OF SERVICE Returned Executed by Lourdes M. Teodosio, DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock. Board of Directors of DaVita, Inc., The waiver sent on 4/18/2022, answer due 6/17/2022. (Gyandoh, Mark) |
Filing 9 WAIVER OF SERVICE Returned Executed by Lourdes M. Teodosio, DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock. Plan Administrative Committee of DaVita, Inc., The waiver sent on 4/18/2022, answer due 6/17/2022. (Gyandoh, Mark) |
Filing 8 WAIVER OF SERVICE Returned Executed by Lourdes M. Teodosio, DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock. DaVita, Inc. waiver sent on 4/18/2022, answer due 6/17/2022. (Gyandoh, Mark) |
Filing 7 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 29 March 2022. Proposed Scheduling Order due 6/1/2022. Scheduling Conference set for 6/8/2022 09:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (cmadr, ) |
Filing 6 NOTICE of Entry of Appearance by Gabrielle Patricia Kelerchian on behalf of Amber Brock, Garoon J. Gibbs-Racho, DaMon A. Parks, Sr., Lourdes M. TeodosioAttorney Gabrielle Patricia Kelerchian added to party Amber Brock(pty:pla), Attorney Gabrielle Patricia Kelerchian added to party Garoon J. Gibbs-Racho(pty:pla), Attorney Gabrielle Patricia Kelerchian added to party DaMon A. Parks, Sr.(pty:pla), Attorney Gabrielle Patricia Kelerchian added to party Lourdes M. Teodosio(pty:pla) (Kelerchian, Gabrielle) |
Filing 5 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 3/ 29/2022. Text Only Entry (wjmsec, ) |
Filing 4 ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 3/29/2022. Text Only Entry (wjmsec, ) |
Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (jtorr, ) |
Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (jtorr, ) |
Filing 1 COMPLAINT against DaVita, Inc., John Does 1-30, The Board of Directors of DaVita, Inc., The Plan Administrative Committee of DaVita, Inc. (Filing fee $ 402,Receipt Number ACODC-8376074)Attorney Donald R. Reavey added to party Amber Brock(pty:pla), Attorney Donald R. Reavey added to party Garoon J. Gibbs-Racho(pty:pla), Attorney Donald R. Reavey added to party DaMon A. Parks, Sr.(pty:pla), Attorney Donald R. Reavey added to party Lourdes M. Teodosio(pty:pla), filed by Lourdes M. Teodosio, DaMon A. Parks, Sr., Garoon J. Gibbs-Racho, Amber Brock. (Attachments: #1 Civil Cover Sheet)(Reavey, Donald) |
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