Ylitalo et al v. Automatic Data Processing, Inc. et al
Dale Ylitalo and R4 Construction, LLC |
Automatic Data Processing, Inc. and American Century Investments Services, Inc. |
2:2024cv00055 |
January 16, 2024 |
US District Court for the Middle District of Florida |
Sheri Polster Chappell |
Nicholas P Mizell |
Securities/Commodities |
28 U.S.C. § 1331 Fed. Question: Securities Violation |
Plaintiff |
Docket Report
This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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Filing 47 NOTICE of Lead Counsel Designation by Jonathan E. Perlman on behalf of Automatic Data Processing, Inc. Lead Counsel: George Kostolampros. (Perlman, Jonathan) Modified text on 3/13/2024 (MCB). |
Filing 46 ENDORSED ORDER granting #45 plaintiffs' unopposed motion for extension of time to respond. By April 24, 2024, plaintiffs may file their response to defendant American Century Investment Services' motion to dismiss (Doc. #40). Signed by Magistrate Judge Nicholas P. Mizell on 3/13/2024. (TLP) |
Filing 45 Unopposed MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Dismiss the Complaint of Plaintiffs Dale Ylitalo and R4 Construction LLC by R4 Construction, LLC, Dale Ylitalo. (Federman, William) Motions referred to Magistrate Judge Nicholas P. Mizell. |
Filing 44 MOTION to Dismiss Plaintiffs' Class Action Complaint by Automatic Data Processing, Inc. (Attachments: #1 Affidavit of Xochitl S. Strohbehn, #2 Exhibit A - August 4, 2023 Simple IRA Administrative Services (and other related agreements) between Plaintiffs and non-party ADP, Inc.)(Perlman, Jonathan) Modified text on 3/13/2024 (MCB). |
Filing 43 ENDORSED ORDER denying without prejudice Defendant Automatic Data Processing, Inc.'s Motion to Dismiss (Doc. #42) for failure to include a compliant Local Rule 3.01(g) Certification. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 3/12/2024. (LAH) |
Filing 42 MOTION to Dismiss Plaintiffs' Class Action Complaint by Automatic Data Processing, Inc. (Attachments: #1 Affidavit of Xochitl S. Strohbehn, #2 Exhibit A - August 4, 2023 Simple IRA Administrative Services (and other related agreements) between Plaintiffs and non-party ADP, Inc.)(Isenberg, Joseph) Modified on 3/12/2024 (CTR). |
Filing 41 RESPONSE in Opposition re #34 MOTION to Stay Deadlines and Discovery filed by R4 Construction, LLC, Dale Ylitalo. (Federman, William) |
Filing 40 MOTION to Dismiss the Complaint of Plaintiffs Dale Ylitalo and R4 Construction LLC by American Century Investments Services, Inc.. (Kelman, Olivia) |
Filing 39 MOTION to Stay by Automatic Data Processing, Inc.. (Hopkins, Christopher) |
Filing 38 NOTICE of Lead Counsel Designation by William B. Federman on behalf of R4 Construction, LLC, Dale Ylitalo. Lead Counsel: William B. Federman. (Federman, William) |
Filing 37 NOTICE of Lead Counsel Designation by Olivia Rae Waters Kelman on behalf of American Century Investments Services, Inc.. Lead Counsel: John W. Rotunno. (Kelman, Olivia) |
Filing 36 NOTICE TO COUNSEL George Kostolampros, Xochitl S Strohbehn, Jessica A. Wilkes, and William B. Federman Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (GL) |
Filing 35 NOTICE TO ALL COUNSEL of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (GL) |
Filing 34 MOTION to Stay Deadlines and Discovery by American Century Investments Services, Inc. (Kelman, Olivia) Modified text on 2/27/2024 (GL). |
Filing 33 NOTICE of compliance with the Clerk's Notice to Counsel by American Century Investments Services, Inc. (Topetzes, Stephen) |
Filing 32 NOTICE of compliance re 25 Notice to Counsel of Local Rule by Automatic Data Processing, Inc. (Karsten, Alaina) |
Filing 31 ORDER granting #28, #29 motions for special admission of attorneys George Kostolampros and Xochitl S. Strohbehn. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/12/2024. (TLP) |
Filing 30 NOTICE of hearing: Preliminary Pretrial Conference set for 4/4/2024 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 3/18/2024. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 24055. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
Filing 29 Unopposed MOTION for Xochitl S. Strohbehn to appear pro hac vice by Automatic Data Processing, Inc.. (Isenberg, Joseph) Motions referred to Magistrate Judge Nicholas P. Mizell. |
Filing 28 Unopposed MOTION for George Kostolampros to appear pro hac vice by Automatic Data Processing, Inc.. (Isenberg, Joseph) Motions referred to Magistrate Judge Nicholas P. Mizell. |
Filing 27 NOTICE of Appearance by Joseph Benjamin Isenberg on behalf of Automatic Data Processing, Inc. (Isenberg, Joseph) |
Filing 26 NOTICE of Appearance by Jonathan E. Perlman on behalf of Automatic Data Processing, Inc. (Perlman, Jonathan) |
Filing 25 NOTICE TO COUNSEL Alaina Brooke Siminovsky of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (AJS) |
Filing 24 ORDER granting #19 motion for special admission of attorney Stephen G. Topetzes. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/7/2024. (TLP) |
Filing 23 NOTICE TO COUNSEL Stephen G. Topetzes Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (AJS) |
Filing 22 ENDORSED ORDER granting #21 defendant Automatic Data Processing, Inc.'s unopposed motion for extension of time to respond. By March 11, 2024, defendant must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 2/7/2024. (TLP) |
Filing 21 MOTION for Extension of Time to File Answer re #1 Complaint by Automatic Data Processing, Inc. (Hopkins, Christopher) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 2/7/2024 to edit docket text (AJS). |
Filing 20 CORPORATE Disclosure Statement by Automatic Data Processing, Inc.. (Hopkins, Christopher) |
Filing 19 MOTION for Stephen G. Topetzes to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21738842 for $150 by American Century Investments Services, Inc.. (Attachments: #1 Exhibit Certification of Stephen G. Topetzes)(Kelman, Olivia) Motions referred to Magistrate Judge Nicholas P. Mizell. |
Filing 18 ORDER granting #14 motion for special admission of attorney John W. Rotunno. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/6/2024. (TLP) |
Filing 17 ENDORSED ORDER granting #12 defendant American Century Investments Services, Inc.'s unopposed motion for extension of time to respond. By March 4, 2024, defendant must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 2/6/2024. (TLP) |
Filing 16 ORDER granting #10, #11 motions for special admission of attorneys William B. Federman and Jessica A. Wilkes. See Order for details. Counsel is reminded that the submission of unsolicited proposed orders is prohibited. See M.D. Fla. R. 3.01(f). Signed by Magistrate Judge Nicholas P. Mizell on 2/6/2024. (TLP) |
Filing 15 NOTICE of Appearance by Mallory M. Cooney on behalf of American Century Investments Services, Inc. (Cooney, Mallory) |
Filing 14 MOTION for John W. Rotunno to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21735884 for $150 by American Century Investments Services, Inc. (Attachments: #1 Exhibit Certification of John W. Rotunno)(Kelman, Olivia) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 2/6/2024 (CTR). |
Filing 13 CORPORATE Disclosure Statement by American Century Investments Services, Inc.. (Kelman, Olivia) |
Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by American Century Investments Services, Inc. (Kelman, Olivia) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 2/6/2024 (CTR). |
Filing 11 MOTION for Jessica A. Wilkes to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21734333 for $150 by All Plaintiffs. (Attachments: #1 Supplement Certification Local Rule 2.01c, #2 Supplement Certification Rule 4(b), #3 Supplement OK Bar Certification, #4 Text of Proposed Order Proposed Order Granting Motion)(Shaw, Megan) Motions referred to Magistrate Judge Nicholas P. Mizell. |
Filing 10 MOTION for William B. Federman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21733012 for $150 by All Plaintiffs. (Attachments: #1 Supplement Certification Local Rule 2.01c, #2 Supplement Certification 4b, #3 Exhibit Admittance Record, #4 Supplement Texas Bar Certificate, #5 Supplement NY Bar Certificate, #6 Supplement OK Bar Certificate, #7 Text of Proposed Order Proposed Order Granting Motion)(Shaw, Megan) Motions referred to Magistrate Judge Nicholas P. Mizell. |
Filing 9 PROOF of service by R4 Construction, LLC, Dale Ylitalo (Goodman, Robert) |
Filing 8 CORPORATE Disclosure Statement by R4 Construction, LLC, Dale Ylitalo. (Goodman, Robert) |
Filing 7 PROOF of service by R4 Construction, LLC, Dale Ylitalo (Goodman, Robert) |
Filing 6 NOTICE TO COUNSEL Jessica A. Wilkes, William B. Federman Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (WRW) |
Filing 5 CIVIL Action Order Signed by All Divisional Judges on 1/19/2024. (WRW) |
Filing 4 SUMMONS issued as to American Century Investments Services, Inc. (BGR) |
Filing 3 SUMMONS issued as to Automatic Data Processing, Inc. (BGR) |
Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:24-cv-55-SPC-NPM. (AA) |
Filing 1 COMPLAINT against American Century Investments Services, Inc., Automatic Data Processing, Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-21661119) filed by Dale Ylitalo, R4 Construction, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons, #3 Proposed Summons Proposed Summons)(Goodman, Robert) |
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