Balderas et al v. Birdou et al
| Melissia Hendricks and Amanda Balderas |
| Kathryn Birdou, TIAA-CREF Individual & Instututional Services, LLC, Embry-Riddle Aeronautical University, Inc. and TIAA-CREF Individual & Institutional Services, LLC |
| Frederick Oliver Hendricks, III and Frederick O. Hendricks |
| 6:2020cv00935 |
| May 29, 2020 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Daniel C Irick |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on July 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 Amended CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Amanda Balderas, Melissia Hendricks. (Moore, Michael) Modified on 7/21/2020 (MEJ). |
| Filing 36 NOTICE of Appearance by Michael Gray Moore on behalf of Amanda Balderas, Melissia Hendricks (Moore, Michael) |
| Filing 35 REPLY to RESPONSE to #14 MOTION to Dismiss Count III and Count IV of Petition/Complaint for Declaratory Judgment and Incorporated Memorandum of Law filed by Embry-Riddle Aeronautical University, Inc.. (Pett, Kristina) Modified on 7/14/2020 (RDO). |
| Filing 34 REPLY to Response to Motion re #22 MOTION to Dismiss Complaint and Incorporated Memorandum of Law filed by TIAA-CREF Individual & Institutional Services, LLC. (Attachments: #1 Adoption Agreement)(Sherman, Scott) |
| Set/reset deadlines/hearings: Defendant's Reply due by 7/13/2020. (MEJ) |
Filing 33
ENDORSED ORDER granting in part and denying in part #32 Motion for Leave to File Reply. On or before 7/13/2020, Defendant Embry-Riddle Aeronautical University, Inc. may file a five-page reply. Signed by Magistrate Judge Daniel C. Irick on 7/6/2020. (Irick, Daniel)
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| Filing 32 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of #14 Motion to Dismiss by Embry-Riddle Aeronautical University, Inc.. (Nieto, Andrea) Modified on 7/6/2020 (MEJ). |
| Set/reset deadlines/hearings: Replies due by 7/8/2020. (MEJ) |
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Filing 31
ENDORSED ORDER granting #30 Motion for Leave to File Reply. On or before 7/8/2020, Defendant TIAA may file the five-page reply requested. Signed by Magistrate Judge Daniel C. Irick on 7/1/2020. (Irick, Daniel)
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| Filing 30 MOTION for Miscellaneous Relief, specifically for Leave to File a Reply Brief by TIAA-CREF Individual & Institutional Services, LLC. (Sherman, Scott) |
| Filing 29 RESPONSE in Opposition re #26 MOTION to Dismiss Counts I and II of Complaint filed by Amanda Balderas. (Attachments: #1 Exhibit)(Townsend, Stanley) |
| Filing 28 RESPONSE in Opposition re #22 MOTION to Dismiss Complaint and Incorporated Memorandum of Law filed by Amanda Balderas. (Attachments: #1 Exhibit)(Townsend, Stanley) |
| Filing 27 RESPONSE in Opposition re #14 MOTION to Dismiss Count III and Count IV of Petition/Complaint for Declaratory Judgment and Incorporated Memorandum of Law filed by Amanda Balderas. (Attachments: #1 Exhibit)(Townsend, Stanley) |
| Filing 26 MOTION to Dismiss Counts I and II of Complaint by Kathryn Birdou. (Graham, Keith) |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Kathryn Birdou. (Graham, Keith) |
| Filing 24 NOTICE of pendency of related cases re #10 per Local Rule 1.04(d) by Kathryn Birdou. Related case(s): Yes (Graham, Keith) Modified on 6/16/2020 (MEJ). |
| Filing 23 NOTICE of Appearance by Keith A. Graham on behalf of Kathryn Birdou (Graham, Keith) |
| Filing 22 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by TIAA-CREF Individual & Institutional Services, LLC. (Attachments: #1 Exhibit A - Summary Plan, #2 Exhibit B - ERAU Plan Document, #3 Exhibit C - Recordkeeping Agreement)(Sherman, Scott) |
| Filing 21 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by TIAA-CREF Individual & Institutional Services, LLC. Related case(s): yes (Sherman, Scott) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by TIAA-CREF Individual & Institutional Services, LLC. (Sherman, Scott) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Embry-Riddle Aeronautical University, Inc.. (Pett, Kristina) |
| Filing 18 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by Embry-Riddle Aeronautical University, Inc.. Related case(s): yes (Pett, Kristina) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Amanda Balderas. (Townsend, Stanley) |
| Filing 16 NOTICE of pendency of related cases re #10 per Local Rule 1.04(d) by Amanda Balderas. Related case(s): yes (Townsend, Stanley) Modified on 6/9/2020 (MEJ). |
| Filing 15 NOTICE of pendency of related cases re #10 per Local Rule 1.04(d) by Amanda Balderas. Related case(s): YES (Townsend, Stanley) Modified on 6/8/2020 (MEJ). |
| Filing 14 MOTION to Dismiss Count III and Count IV of Petition/Complaint for Declaratory Judgment and Incorporated Memorandum of Law by Embry-Riddle Aeronautical University, Inc.. (Attachments: #1 Exhibit A)(Pett, Kristina) |
| Filing 13 NOTICE of Appearance by Kristina B. Pett on behalf of Embry-Riddle Aeronautical University, Inc. (Pett, Kristina) |
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Filing 12
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (RN)
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Filing 11
INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 6/2/2020. (GNB) copies e-mailed
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Filing 10
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 6/2/2020. (GNB) copies e-mailed
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Filing 9
ENDORSED ORDER denying as moot #8 Motion to Appoint Process Server. This motion was filed pursuant to the Florida Rules of Civil Procedure, which do not apply to a removed case. Signed by Judge Paul G. Byron on 6/1/2020. (SCM)
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| Filing 8 MOTION for Miscellaneous Relief, specifically Motion and Order To Appoint Process Server by Amanda Balderas, Melissia Hendricks. (MEJ) |
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Filing 7
ENDORSED ORDER striking #6 Answer. Defendant is directed to file the Answer and the Motion to Dismiss as two separate filings. Signed by Judge Paul G. Byron on 6/1/2020. (SCM)
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| Filing 6 ANSWER and affirmative defenses to Complaint by Kathryn Birdou.(MEJ) |
| Filing 5 NOTICE to counsel Thomas J. Upchurch of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (MEJ) |
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Filing 4
ENDORSED ORDER granting #3 Unopposed Motion for Extension of Time. On or before 6/11/2020, TIAA-CREF Individual & Instututional Services, LLC shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 6/1/2020. (Irick, Daniel)
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| Filing 3 Unopposed MOTION for Extension of Time to File Answer or Respond to Complaint by TIAA-CREF Individual & Instututional Services, LLC. (Sherman, Scott) |
| Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-935-Orl-40DCI. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida, case number 2020-30527-CICI filed in State Court on 4/18/2020. Filing fee $ 400, receipt number 113A-16862439 filed by TIAA-CREF Individual & Instututional Services, LLC. (Attachments: #1 State Court COMPLAINT Complaint (1 of 3), #2 State Court COMPLAINT Complaint (2 of 3), #3 State Court COMPLAINT Complaint (3 of 3), #4 State Court ANSWER Answer of Respondent Birdou, #5 State Court Pending Motions Pending Motion, #6 State Court Docket Sheet Volusia County Docket, #7 State Court Other Documents Remaining State Court Documents, #8 Civil Cover Sheet Civil Cover Sheet, #9 Exhibit A - Summons & Complaint (1 of 3), #10 Exhibit A - Summons & Complaint (2 of 3), #11 Exhibit A - A - Summons & Complaint (3 of 3), #12 Exhibit B - Volusia Filings (1 of 4), #13 Exhibit B - Volusia Filings (2 of 4), #14 Exhibit B - Volusia Filings (3 of 4), #15 Exhibit B - Volusia Filings (4 of 4), #16 Exhibit C - Employer-Sponsored Retirement Plan, #17 Exhibit D - Summary Plan Description, #18 Exhibit E - Notice of Filing Notice of Removal)(Sherman, Scott) |
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