Blessinger et al v. Wells Fargo & Company
| Guy Blessinger, Audra Niski and Nelson Ferreira |
| Wells Fargo & Company |
| 8:2022cv01029 |
| May 3, 2022 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1161 COBRA - Continuation Coverage |
| None |
Docket Report
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This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 55 NOTICE of settlement and Joint Mediation Report by Nelson Ferreira, Audra Niski (Hill, Brandon) |
Filing 54
ENDORSED ORDER granting #53 the parties' Joint Motion for Extension of Time to Complete Discovery. The new discovery deadline is June 1, 2023. Signed by Magistrate Judge Sean P. Flynn on 4/28/2023. (ACS)
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| Filing 53 Joint MOTION for Extension of Time to Complete Discovery by Guy Blessinger, Nelson Ferreira, Audra Niski. (Hill, Brandon) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 52 DECLARATION of Edward J. Meehan re #50 Response in Opposition to Motion by Wells Fargo & Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Equi, Brian) |
| Filing 51 REQUEST for oral argument re #50 Response in Opposition to Motion by Wells Fargo & Company. (Equi, Brian) |
| Filing 50 RESPONSE in Opposition re #40 MOTION to Certify Class filed by Wells Fargo & Company. (Equi, Brian) |
| Filing 49 NOTICE of mediation conference/hearing to be held on May 19, 2023 at 11:00 a.m. before Martin F. Scheinman.(Hill, Brandon) |
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Filing 48
ORDER granting #47 the parties' Joint Motion for Protective Order. Signed by Magistrate Judge Sean P. Flynn on 3/29/2023. (ACS)
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| Filing 47 Joint MOTION for Protective Order by Wells Fargo & Company. (Attachments: #1 Stipulated Protective Order)(Libman, Shawn) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 46 NOTICE of supplemental authority re #40 MOTION to Certify Class by Guy Blessinger, Nelson Ferreira, Audra Niski. (Attachments: #1 Supplemental Authority)(Hill, Brandon) |
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Filing 45
ENDORSED ORDER: "Defendant's Unopposed Motion for a One-Week Extension of its Deadline for Responding to Plaintiffs' Motion for Class Certification" (Doc. #44) is granted. Defendant may file its response in opposition on or before April 6, 2023. Signed by Judge Thomas P. Barber on 3/27/2023. (ANL)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply Tto Plaintiffs' Motion for Class Certification - One Week Extension by Wells Fargo & Company. (Libman, Shawn) Modified text on 3/27/2023 (SET). |
| Filing 43 NOTICE of hearing: Case Management Conference set for 6/28/2023 at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (CDR) |
| Filing 42 Minute Entry. In Person Proceedings held before Magistrate Judge Julie S. Sneed: STATUS CONFERENCE held on 2/22/2023. (DIGITAL) (CDR) |
| Filing 41 NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM/JUDGE ONLY): Case Management Conference set for FEBRUARY 22, 2023, at 01:30 PM will be held in Tampa Courtroom 11 A before Magistrate Judge Julie S. Sneed. (SRC) |
| Filing 40 MOTION to Certify Class by Nelson Ferreira, Audra Niski. (Attachments: #1 Index to Documents Submitted in Support, #2 Composite Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Composite Exhibit D, #6 Exhibit E, #7 Deposition Transcript of Corporate Representative, #8 Declaration of Audra Niski, #9 Declaration of Nelson Ferreira, #10 Declaration of Brandon J. Hill, #11 Declaration of Luis A. Cabassa, #12 Declaration of Amanda E. Heystek)(Hill, Brandon) |
| Filing 39 NOTICE to counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (LD) |
| Filing 38 ANSWER and affirmative defenses to #1 Complaint, by Wells Fargo & Company.(Libman, Shawn) |
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Filing 37
ORDER. "Defendant's Motion to Dismiss Plaintiffs' Complaint and Memorandum of Law in Support" (Doc. #20) is granted in part and denied in part. The motion is granted to the extent that Plaintiffs' claims related to the plan administrator are dismissed. The motion is otherwise denied. Defendant is directed to file an answer on or before January 24, 2023. See Order for details. Signed by Judge Thomas P. Barber on 1/10/2023. (EKB)
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Filing 36
ENDORSED ORDER: The "Joint Motion to Extend Class Certification Briefing Deadlines" (Doc. #35) is granted. Plaintiffs may file their motion for class certification on or before January 31, 2023. Signed by Judge Thomas P. Barber on 12/20/2022. (EKB)
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| Filing 35 Joint MOTION for Extension of Time to File Class Certification Briefs by Guy Blessinger, Nelson Ferreira, Audra Niski. (Hill, Brandon) |
| Filing 34 NOTICE of mediation conference/hearing to be held on March 16, 2023 at 9:30 a.m. before Martin F. Scheinman.(Hill, Brandon) |
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Filing 33
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 5/8/2023; Dispositive motions due by 6/5/2023; Class certification deadline is 1/13/2023; Plaintiff disclosure of expert report due by 1/6/2023; Defendant disclosure of expert report due by 3/7/2023; Rebuttal disclosure of expert report due by 4/6/20023; Pretrial Conference set for OCTOBER 16, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Trial set for November 2023 term (commencing 10/30/2023) before Judge Thomas P. Barber. The parties anticipate a BENCH TRIAL will take 2 days to complete. Conduct mediation hearing by 5/20/2023. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 11/3/2022. (SRC)
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| Filing 32 STIPULATION to Dismiss the Plan Administrator-Related Arguments From Plaintiffs' Complaint by Guy Blessinger, Nelson Ferreira, Audra Niski. (Hill, Brandon) |
| Filing 31 NOTICE of hearing: Case Management Conference set for FEBRUARY 22, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 30 Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: INITIAL CASE MANAGEMENT CONFERENCE held on 10/26/2022. Court Reporter: Rebekah Lockwood (SRC) |
| Filing 29 NOTICE of supplemental authority re #24 Response in Opposition to Motion, by Guy Blessinger, Nelson Ferreira, Audra Niski. (Attachments: #1 Supplemental Authority)(Hill, Brandon) |
| Filing 28 NOTICE of hearing: Initial Case Management Conference set for OCTOBER 26, 2022, at 09:30 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 27 CASE MANAGEMENT REPORT. (Hill, Brandon) |
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Filing 26
ENDORSED ORDER: "Defendant's Motion for Leave to File Reply in Support of Defendant's Motion to Dismiss" (Doc. #25) is denied. If necessary to resolve the pending motion, the Court will direct the parties to file supplemental memoranda or set a hearing to further address the legal issues and arguments in this case. Signed by Judge Thomas P. Barber on 8/15/2022. (EKB)
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| Filing 25 MOTION for Miscellaneous Relief, specifically Motion for Leave to File Reply in Support of Defendant's Motion to Dismiss by Wells Fargo & Company. (Libman, Shawn) Modified on 8/15/2022 to modify text (LD). |
| Filing 24 RESPONSE in Opposition re #20 MOTION to Dismiss PLAINTIFFS' COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT filed by Nelson Ferreira, Audra Niski. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hill, Brandon) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Wells Fargo & Company. (Libman, Shawn) |
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Filing 22
ENDORSED ORDER: Plaintiffs' "Unopposed Motion for Extension of Time to Either File a Response to Defendant's Motion to Dismiss, or to File an Amended Complaint" (Doc. #21) is granted. Plaintiffs may file their response to the motion to dismiss or file an amended complaint on or before August 9, 2022. Signed by Judge Thomas P. Barber on 8/1/2022. (EKB)
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss PLAINTIFFS' COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT or to File an Amended Complaint by Guy Blessinger, Nelson Ferreira, Audra Niski. (Hill, Brandon) |
| Filing 20 MOTION to Dismiss PLAINTIFFS' COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT by Wells Fargo & Company. (Attachments: #1 Declaration of Richard Ceruti, #2 Exhibit A - Audra Niski Cobra Election Notice, #3 Exhibit B - Nelson Ferreira Cobra Election Notice, #4 Exhibit C - Hearing Transcript from Green v. FCA US LLC, #5 Exhibit D - Carter v Southwest Airlines, Dept. of Labor Amicus Brief)(Libman, Shawn) |
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Filing 19
ORDER granting Docs. 14, 15, and 16, Defendant's motions for Mark Nielsen, Esq., Edward Meehan, Esq., and Paul Rinefierd, Esq. to appear pro hac vice. Signed by Magistrate Judge Sean P. Flynn on 7/6/2022. (ACS)
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Filing 18
ENDORSED ORDER: "Defendant's Unopposed Motion to Extend Deadline for Responding to Plaintiff's Complaint" (Doc. #17) is granted. Defendant may file its response to the complaint on or before July 12, 2022. Signed by Judge Thomas P. Barber on 7/5/2022. (EKB)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response to to Plaintiffs' Class Action Complaint by Wells Fargo & Company. (Libman, Shawn) |
| Filing 16 Unopposed MOTION for Paul J. Rinefierd to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19733029 for $150 by Wells Fargo & Company. (Attachments: #1 Special Admission Attorney Certification)(Libman, Shawn) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 15 Unopposed MOTION for Edward J. Meehan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19733015 for $150 by Wells Fargo & Company. (Attachments: #1 Special Admission Attorney Certification)(Libman, Shawn) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 14 Unopposed MOTION for Mark C. Nielsen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19732984 for $150 by Wells Fargo & Company. (Attachments: #1 Special Admission Attorney Certification)(Libman, Shawn) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 13 NOTICE OF SELECTION of Martin F. Scheinman as mediator by Guy Blessinger, Nelson Ferreira, Audra Niski.(Hill, Brandon) |
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Filing 12
ERISA SCHEDULING ORDER. See order for details. Signed by Judge Thomas P. Barber on 5/10/2022. (SRC)
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| Filing 11 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SRC) |
| Filing 10 NOTICE to Counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SRC) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Guy Blessinger, Nelson Ferreira, Audra Niski. (Hill, Brandon) |
| Filing 8 WAIVER of service returned executed on May 5, 2022 by Guy Blessinger, Nelson Ferreira, Audra Niski as to Wells Fargo & Company. (Hill, Brandon) |
| Filing 7 NOTICE of Lead Counsel Designation by Brandon J. Hill on behalf of Guy Blessinger, Nelson Ferreira, Audra Niski. Lead Counsel: Brandon J. Hill. (Hill, Brandon) |
| Filing 6 Case Reassigned to Judge Thomas P. Barber. New case number: 8:22-cv-1029-TPB-SPF. Judge Kathryn Kimball Mizelle no longer assigned to the case. (AG) |
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Filing 5
ORDER of recusal. Signed by Judge Kathryn Kimball Mizelle on 5/4/2022. (EDB)
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| Filing 4 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) |
| Filing 3 SUMMONS issued as to Wells Fargo & Company. (BD) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-1029-KKM-SPF. (SJB) |
| Filing 1 COMPLAINT (CLASS ACTION) against Wells Fargo & Company (Filing fee $402 receipt number AFLMDC-19527619) filed by Guy Blessinger, Nelson Ferreira, Audra Niski. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Hill, Brandon) |
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