Schissler v. Janus Henderson US (Holdings) Inc. et al
| Sandra Schissler, Karly Sissel and Derrick Hittson |
| Janus Henderson US (Holdings) Inc. and Janus Henderson Advisory Committee |
| 1:2022cv02326 |
| September 9, 2022 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Raymond P Moore |
| Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1104 Recovery of Benefits to Employee |
| None |
Docket Report
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| Filing 41 MEMORANDUM regarding #39 MOTION to Dismiss Plaintiffs Amended Class Action Complaint Under Rules 12(b)(1) and 12(b)(6) filed by Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 2/9/2023. (Text Only Entry) (rmsec) |
| Filing 40 DECLARATION of Sara Bussiere regarding MOTION to Dismiss Plaintiffs Amended Class Action Complaint Under Rules 12(b)(1) and 12(b)(6) #39 by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Sollod, Holly) |
| Filing 39 MOTION to Dismiss Plaintiffs Amended Class Action Complaint Under Rules 12(b)(1) and 12(b)(6) by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Sollod, Holly) |
Filing 38
ORDER granting #36 Unopposed Motion to Stay Discovery Pending Determination of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and to Vacate Scheduling Conference and All Related Deadlines. Based on our review of the applicable case law and procedural rules, and given that Plaintiff does not oppose the request, this case is stayed until a final ruling on Defendants' forthcoming Motion to Dismiss, due on February 9, 2023. The Scheduling conference currently set on February 15, 2023 at 10:00 a.m. is vacated. Within five business days of the final ruling on the Motion to Dismiss, the parties shall file a joint motion to lift the stay and to reset the Scheduling Conference. Entered by Magistrate Judge Michael E. Hegarty on 2/1/23. Text Only Entry(mehlc4, )
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| Filing 37 MEMORANDUM regarding #36 Unopposed MOTION to Stay Discovery Pending Determination of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and to Vacate Scheduling Conference and All Related Deadlines filed by Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 1/31/2023. (Text Only Entry) (rmsec) |
| Filing 36 Unopposed MOTION to Stay Discovery Pending Determination of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and to Vacate Scheduling Conference and All Related Deadlines by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sollod, Holly) |
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Filing 35
ORDER granting #33 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint . Defendants shall answer or otherwise respond to the Amended Complaint by February 9, 2023. Entered by Magistrate Judge Michael E. Hegarty on 1/24/23. Text Only Entry(mehlc4, )
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| Filing 34 MEMORANDUM regarding #33 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint, filed by Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 1/19/2023. (Text Only Entry) (rmsec) |
| Filing 33 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #31 Amended Complaint, by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sollod, Holly) |
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Filing 32
Minute ORDER by Magistrate Judge Michael E. Hegarty on 11 January 2023. In light of Plaintiff's First Amended Complaint (ECF #31 ), which Plaintiff says she is filing with Defendants' consent (ECF #30 ), Defendants' Motion to Dismiss #23 is denied as moot. Having resolved Defendants' Motion to Dismiss, the stay of discovery is lifted. The Fed. R. Civ. P. 16(b) Scheduling Conference is reset to February 15, 2023 at 10:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado.(cmadr, )
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| Filing 31 AMENDED COMPLAINT against Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc. Attorney Paul J. Lukas added to party Karly Sissel(pty:pla), Attorney Paul J. Lukas added to party Derrick Hittson(pty:pla), filed by Sandra Schissler, Karly Sissel, Derrick Hittson.(Lukas, Paul) |
| Filing 30 NOTICE of Filing Amended Pleading by Plaintiff Sandra Schissler (Attachments: #1 Exhibit 1 - Redlined Amended Complaint)(Lukas, Paul) |
| Filing 29 NOTICE of Entry of Appearance by Adrianne K. Rosenbluth on behalf of Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.Attorney Adrianne K. Rosenbluth added to party Janus Henderson Advisory Committee(pty:dft), Attorney Adrianne K. Rosenbluth added to party Janus Henderson US (Holdings) Inc.(pty:dft) (Rosenbluth, Adrianne) |
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Filing 28
Minute ORDER by Magistrate Judge Michael E. Hegarty on 25 November 2022. For good cause shown, Defendants' Motion to Stay #25 is granted. For the legal arguments that Defendants raise in their Motion and noting that Plaintiff does not oppose the request, this case is stayed until final ruling on Defendants' Motion to Dismiss (ECF #23 ). The Scheduling Conference currently set on December 6, 2022 is vacated. Within five business days of the final ruling on the Motion to Dismiss, the parties shall file a joint motion to lift the stay and to reset the Scheduling Conference. For good cause shown, the parties' Joint Renewed Motion to Set Briefing Schedule #26 is granted. As such, Plaintiff shall respond to Defendants' Motion to Dismiss (ECF 23) by January 11, 2023. Defendants have until February 10, 2023 to reply.(cmadr, )
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Filing 27
MEMORANDUM regarding #23 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) filed by Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc., #25 Unopposed MOTION to Stay Discovery Pending Determination of Defendants' Motion to Dismiss and to Vacate Scheduling Conference and All Related Deadlines filed by Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc., #26 Joint MOTION for Order to Set Briefing Schedule on Defendants' Motion to Dismiss filed by Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 11/23/2022. (Text Only Entry) (rmsec)
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| Filing 26 Joint MOTION for Order to Set Briefing Schedule on Defendants' Motion to Dismiss by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sollod, Holly) |
| Filing 25 Unopposed MOTION to Stay Discovery Pending Determination of Defendants' Motion to Dismiss and to Vacate Scheduling Conference and All Related Deadlines by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sollod, Holly) |
| Filing 24 DECLARATION of Sara Bussiere regarding MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) #23 by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Sollod, Holly) |
| Filing 23 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Sollod, Holly) |
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Filing 22
ORDER granting #20 Defendants' Unopposed Motion for Extension of Time. For good cause shown, the deadline for Defendants to file their Motion to Dismiss is extended to November 23, 2022. This Court reminds the parties to file a motion requesting the application of any stipulated briefing schedule after Defendants file their motion to dismiss. by Magistrate Judge Michael E. Hegarty on 11/17/2022. Text Only Entry(mehlc1, )
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| Filing 21 MEMORANDUM regarding #20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, Defendants' Unopposed Motion For Extension of Time to File Motion to Dismiss filed by Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 11/17/2022. (Text Only Entry) (rmsec) |
| Filing 20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, Defendants' Unopposed Motion For Extension of Time to File Motion to Dismiss by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sollod, Holly) |
| Filing 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #16 Notice of Entry of Appearance, filed by attorney Jason M. Halper. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (sdunb, ) |
| Filing 18 NOTICE of Entry of Appearance by Sara Elizabeth Bussiere on behalf of Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.Attorney Sara Elizabeth Bussiere added to party Janus Henderson Advisory Committee(pty:dft), Attorney Sara Elizabeth Bussiere added to party Janus Henderson US (Holdings) Inc.(pty:dft) (Bussiere, Sara) |
| Filing 17 NOTICE of Entry of Appearance by Jared J. Stanisci on behalf of Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.Attorney Jared J. Stanisci added to party Janus Henderson Advisory Committee(pty:dft), Attorney Jared J. Stanisci added to party Janus Henderson US (Holdings) Inc.(pty:dft) (Stanisci, Jared) |
| Filing 16 NOTICE of Entry of Appearance by Jason Michael Halper on behalf of Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.Attorney Jason Michael Halper added to party Janus Henderson Advisory Committee(pty:dft), Attorney Jason Michael Halper added to party Janus Henderson US (Holdings) Inc.(pty:dft) (Halper, Jason) |
| Filing 15 NOTICE of Entry of Appearance by Jonathan S. Bender on behalf of Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.Attorney Jonathan S. Bender added to party Janus Henderson Advisory Committee(pty:dft), Attorney Jonathan S. Bender added to party Janus Henderson US (Holdings) Inc.(pty:dft) (Bender, Jonathan) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Janus Henderson Group plc for Janus Henderson US (Holdings) Inc.. (Sollod, Holly) |
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Filing 13
ORDER granting #11 Unopposed Motion for Extension of Time. For good cause shown, the deadline for Defendants to Answer or Otherwise Respond to #1 Complaint is extended to November 18, 2022. Should Defendants file a motion to dismiss at that time, the parties shall file a motion to renew their request for the Court to enter their agreed-upon briefing schedule. by Magistrate Judge Michael E. Hegarty on 10/11/2022. Text Only Entry(mehlc1, )
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| Filing 12 MEMORANDUM regarding #11 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 10/11/2022. (Text Only Entry) (rmsec ) |
| Filing 11 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sollod, Holly) |
| Filing 10 SUMMONS Returned Executed by Sandra Schissler. Janus Henderson Advisory Committee served on 9/19/2022, answer due 10/11/2022. (Chanin, Grace) |
| Filing 9 SUMMONS Returned Executed by Sandra Schissler. Janus Henderson US (Holdings) Inc. served on 9/19/2022, answer due 10/11/2022. (Chanin, Grace) |
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Filing 8
Minute ORDER by Magistrate Judge Michael E. Hegarty on 9 September 2022. Proposed Scheduling Order due 11/29/2022. Scheduling Conference set for 12/6/2022 10:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
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| Filing 7 NOTICE of Entry of Appearance by Grace I. Chanin on behalf of Sandra SchisslerAttorney Grace I. Chanin added to party Sandra Schissler(pty:pla) (Chanin, Grace) |
| Filing 6 NOTICE of Entry of Appearance by Brock Joseph Specht on behalf of Sandra SchisslerAttorney Brock Joseph Specht added to party Sandra Schissler(pty:pla) (Specht, Brock) |
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Filing 5
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 9/9/2022. (Text Only Entry) (rmsec )
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 9/9/2022. (Text Only Entry) (rmsec )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (norlin, ) |
| Filing 2 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, ) |
| Filing 1 COMPLAINT against John and Jane Does 1-30, Janus Henderson Advisory Committee, Janus Henderson US (Holdings) Inc. (Filing fee $ 402,Receipt Number ACODC-8648865)Attorney Paul J. Lukas added to party Sandra Schissler(pty:pla), filed by Sandra Schissler. (Attachments: #1 Summons to Janus Henderson US (Holdings) Inc., #2 Summons to Janus Henderson Advisory Committee, #3 Civil Cover Sheet)(Lukas, Paul) |
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