Wallace v. Pilgrim's Pride Corporation et al
| Yohanna Wallace |
| Pilgrim's Pride Corporation, JBS USA Holdings, Inc., Board of Directors of Pilgrim's Pride Corporation, The and JBS Investment Committee |
| 1:2026cv00371 |
| January 30, 2026 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Charlotte N Sweeney |
| Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1109 Breach of Fiduciary Duties |
| None |
Docket Report
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Filing 39
MINUTE ORDER. This matter is before the Court on the parties' Joint Motion to Extend Deadline for Response to Amended Complaint and Set Motion to Dismiss Briefing Related Thereto [#36 ] (the "Motion"). For good cause shown, IT IS HEREBY ORDERED that the Motion [#36 ] is GRANTED. Defendants shall file their Motion to Dismiss no later than August 31, 2026. Plaintiff may respond no later than September 28, 2026. Defendants may file a reply no later than October 19, 2026. Entered by Magistrate Judge Kathryn A. Starnella on 7/27/2026. Text Only Entry. (echa, )
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| Filing 38 MEMORANDUM regarding #36 Joint Motion for Extension of Time to Respond to Amended Complaint and Set Motion to Dismiss Briefing related thereto. Motion #36 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 7/24/2026. Text Only Entry (cnsja, ) |
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Filing 37
ORDER finding as moot #26 Motion to Dismiss for Failure to State a Claim. In light of the filing of an Amended Complaint, ECF Nos. 33, 35, the Motion to Dismiss, ECF No. #26 , is found to be moot. By Judge Charlotte N. Sweeney on 7/24/2026. Text Only Entry(cnsja, )
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| Filing 36 Joint MOTION for Extension of Time to Respond to Amended Complaint and Set Motion to Dismiss Briefing related thereto by Defendants Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride Corporation. (Mathisen, Eric) |
| Filing 35 NOTICE of Filing Amended Pleading re #34 Order on Motion for Extension of Time to File, by Plaintiff Yohanna Wallace (Attachments: #1 Exhibit Ex 1 - Amended Complaint, #2 Exhibit Ex 2 - Amended Complaint.redline)(Gyandoh, Mark) |
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Filing 34
MINUTE ORDER. IT IS HEREBY ORDERED that the Motion [#31 ] is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff shall file a Notice of Amended Pleading pursuant to this Districts Local Rule 15.1(a) no later than July 22, 2026. Entered by Magistrate Judge Kathryn A. Starnella on 7/17/2026.(echa, )
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| Filing 33 AMENDED COMPLAINT against Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride Corporation, filed by Yohanna Wallace.(Gyandoh, Mark) |
| Filing 32 MEMORANDUM regarding #31 Unopposed Motion to Set Schedule For Filing Amended Complaint and Briefing Related Thereto. Motion #31 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 7/8/2026. Text Only Entry (cnsja, ) |
| Filing 31 Unopposed MOTION for Extension of Time to Unopposed Motion to Set Schedule For Filing Amended Complaint and Briefing Related Thereto by Plaintiff Yohanna Wallace. (Gyandoh, Mark) |
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Filing 30
ORDER granting #29 Joint Motion for Extension of Time to File Response/Reply as to #26 Motion to Dismiss for Failure to State a Claim 12(b)(6) and Lack of Subject Matter Jurisdiction 12(b)(1). Plaintiff's response brief is now due by July 9, 2026, and Defendant's reply brief will be due by August 7, 2026. The parties are reminded to review this Court's Uniform Civil Practice Standards. Specifically, CNS Civ. Practice Standard 10.1(a) which can be found #here. All future filings shall be made in Arial 12-point font. The Court may summarily strike future filings that do not comply. By Judge Charlotte N. Sweeney on 6/10/2026. Text Only Entry(cnsja, )
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| Filing 29 Joint MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss for Failure to State a Claim 12(b)(6) and Lack of Subject Matter Jurisdiction 12(b)(1) by Plaintiff Yohanna Wallace. (Gyandoh, Mark) |
| Filing 28 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kathryn A. Starnella on 6/1/2026. FTR: Courtroom A501. (lgale, ) |
| Filing 27 Proposed Scheduling Order Joint Proposed Scheduling Order by Plaintiff Yohanna Wallace. (Gyandoh, Mark) |
| Filing 26 MOTION to Dismiss for Failure to State a Claim 12(b)(6) and Lack of Subject Matter Jurisdiction 12(b)(1) by Defendants Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride Corporation. (Attachments: #1 Exhibit A - Chart of Alleged "Comparator" Plans, #2 Exhibit B - Comparison of Shands Plan Investment Contracts, #3 Exhibit C - Plans with Auto-Owners Life Insurance Company Contracts, 2020-2024, #4 Exhibit D - Challenged Funds from Other Complaints)(Mathisen, Eric) |
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Filing 25
MINUTE ORDER. This matter is before the Court on Defendants' Unopposed Motion for Second Extension of Time to Respond to Complaint [#23 ] (the "Motion"). For good cause shown, IT IS HEREBY ORDERED that the Motion [#23 ] is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's Complaint no later than May 26, 2026. Entered by Magistrate Judge Kathryn A. Starnella on 4/29/2026. Text Only Entry. (anewt,)
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Filing 24
MEMORANDUM regarding #23 Second Motion for Extension of Time to File Answer or Otherwise Respond re #19 Order on Motion for Extension of Time to File, #1 Complaint, (Unopposed). Motion #23 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 4/28/2026. Text Only Entry (cnsja, )
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| Filing 23 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #19 Order on Motion for Extension of Time to File, #1 Complaint, (Unopposed) by Defendants Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride Corporation. (Mathisen, Eric) |
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Filing 22
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 8 April 2026. IT IS HEREBY ORDERED that the Scheduling Conference set for April 30, 2026, at 9:30 a.m. is VACATED and RESET to June 1, 2026, at 9:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. IT IS FURTHER ORDERED that, no later than May 26, 2026, the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures. (anewt,)
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Filing 21
MEMORANDUM regarding #20 Unopposed Motion to Reset Initial Scheduling Order Conference and Joint Report. Motion #20 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 4/7/2026. Text Only Entry (cnsja, )
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| Filing 20 Unopposed MOTION to Reset Initial Scheduling Order Conference and Joint Report by Defendants Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride Corporation. (Mathisen, Eric) |
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Filing 19
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 12 March 2026.This matter is before the Court on Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint [#17 ] (the "Motion"). IT IS HEREBY ORDERED that the Motion [#17 ] is GRANTED. Defendants shall answer or otherwise respond to Plaintiff's complaint no later than May 12, 2026. (amona,)
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| Filing 18 MEMORANDUM regarding #17 Unopposed Motion for Extension of Time to Respond to Complaint. Motion #17 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 3/12/2026. Text Only Entry (cnsja, ) |
| Filing 17 Unopposed MOTION for Extension of Time to Respond to Complaint by Defendants Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride Corporation. (Mathisen, Eric) |
| Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #11 Notice of Entry of Appearance,, filed by attorney Eric P. Mathisen. Address in the s/ signature block of the linked document does not match address on record for this attorney. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (agryan) |
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Filing 15
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella for non-dispositive matters. 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 Local Civ. R. 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) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here. By Judge Charlotte N. Sweeney on 3/4/26. Text Only Entry (jdyne, )
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Filing 14
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 3 March 2026. This matter is before the Court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [#12 ] (the "Consent/Non-Consent Form"). This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non-Consent Form [#12 ] indicates that at least one party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-00371-CNS. (amona, )
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| Filing 13 NOTICE of Entry of Appearance by Mark E. Schmidtke on behalf of Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride CorporationAttorney Mark E. Schmidtke added to party Board of Directors of Pilgrim's Pride Corporation, The(pty:dft), Attorney Mark E. Schmidtke added to party JBS Investment Committee(pty:dft), Attorney Mark E. Schmidtke added to party JBS USA Holdings, Inc.(pty:dft), Attorney Mark E. Schmidtke added to party Pilgrim's Pride Corporation(pty:dft) (Schmidtke, Mark) |
| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Defendants Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride Corporation All parties do not consent.. (Mathisen, Eric) |
| Filing 11 NOTICE of Entry of Appearance by Eric P. Mathisen on behalf of Board of Directors of Pilgrim's Pride Corporation, The, JBS Investment Committee, JBS USA Holdings, Inc., Pilgrim's Pride CorporationAttorney Eric P. Mathisen added to party Board of Directors of Pilgrim's Pride Corporation, The(pty:dft), Attorney Eric P. Mathisen added to party JBS Investment Committee(pty:dft), Attorney Eric P. Mathisen added to party JBS USA Holdings, Inc.(pty:dft), Attorney Eric P. Mathisen added to party Pilgrim's Pride Corporation(pty:dft) (Mathisen, Eric) |
| Filing 10 NOTICE of Entry of Appearance by James A. Maro, Jr on behalf of Yohanna WallaceAttorney James A. Maro, Jr added to party Yohanna Wallace(pty:pla) (Maro, James) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Yohanna Wallace. JBS Investment Committee waiver sent on 2/13/2026, answer due 4/14/2026. (Gyandoh, Mark) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Yohanna Wallace. JBS USA Holdings, Inc. waiver sent on 2/13/2026, answer due 4/14/2026. (Gyandoh, Mark) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Yohanna Wallace. Board of Directors of Pilgrim's Pride Corporation, The waiver sent on 2/13/2026, answer due 4/14/2026. (Gyandoh, Mark) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Yohanna Wallace. Pilgrim's Pride Corporation waiver sent on 2/13/2026, answer due 4/14/2026. (Gyandoh, Mark) |
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Filing 5
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 30 January 2026. (cmadr, )
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Filing 4
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 30 January 2026. Scheduling Conference set for 4/30/2026 09:30 AM in Courtroom A 501 before Magistrate Judge Kathryn A. Starnella. by Magistrate Judge Kathryn A. Starnella on 30 January 2026. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
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| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons submitted; no summons issued. Completed summons may be filed for issuance using the event "Summons Request". (echa, ) |
| Filing 2 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT against JBS Investment Committee, JBS USA Holdings, Inc., John Does 1-20, Pilgrim's Pride Corporation, The Board of Directors of Pilgrim's Pride Corporation (Filing fee $ 405,Receipt Number ACODC-10792723)Attorney Mark K. Gyandoh added to party Yohanna Wallace(pty:pla), filed by Yohanna Wallace. (Attachments: #1 Civil Cover Sheet)(Gyandoh, Mark) |
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