Jones v. EVRAZ Inc. North America et al
| Michael D. Jones |
| Evraz Inc. N.A. Investment Committee, EVRAZ Inc. North America, Evraz Inc., N.A. Administrative Committee, Trust for the Pension Plan for Employees of Evraz Inc., N.A., Pension Plan for Employees of Evraz Inc., N.A. and The Charles Schwab Trust Company |
| 1:2018cv04519 |
| September 27, 2018 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Steven D Grimberg |
| William M Ray |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2021. A more recent docket listing may be available from PACER.
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Filing 127
USCA Acknowledgment of #124 Notice of Appeal filed by Michael D. Jones. Case Appealed to USCA - 11th Circuit. USCA Case Number 21-13808-G. (kac)
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Filing 126
Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Order and Docket Sheet to US Court of Appeals re: #124 Notice of Appeal. (kac)
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Filing 125
USCA Appeal Transmission Letter to 11th Circuit re: #124 Notice of Appeal filed by Michael D. Jones. (kac)
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Filing 124
NOTICE OF APPEAL as to #122 Order on Motion for Judgment,, Order on Motion for Summary Judgment,, Order on Motion to Exclude,, Order on Motion for Miscellaneous Relief, #123 Clerk's Judgment by Michael D. Jones. Filing fee $ 505, receipt number AGANDC-11355488. Transcript Order Form due on 11/10/2021 (Prebula, Mary)
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Filing 123
CLERK'S JUDGMENT in favor of Defendants (jkb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
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Filing 122
MEMORANDUM OF DECISION and OPINION and ORDER granting #102 Motion for Judgment on the administrative record; granting #102 Motion for Summary Judgment; denying as moot #103 Motion to Exclude; granting in part and denying in part #119 Motion to Supplement. Exhibit 3 to the motion to supplement #119 -3, at 2-62 shall be included as part of the certified administrative record. The Clerk of Court is DIRECTED to CLOSE this case. Signed by Judge Steven D. Grimberg on 09/28/2021. (jkb)
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Civil Case Terminated. (jkb)
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Filing 121
NOTICE Of Filing exhibits by Michael D. Jones re #90 Deposition,, Karen Walters (Attachments: #1 Exhibit 44 - Complaint, #2 Exhibit 45 - Def Initial Disclosures)(Prebula, Mary)
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Filing 120
AFFIDAVIT re #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment Declaration of Record Custodian (Corrected) by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Gillespie, Peter)
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Filing 119
MOTION Supplement Administrative Record #118 Affidavit, with Brief In Support by Michael D. Jones. (Attachments: #1 Exhibit 1-Missing Oregon Pension Plan, #2 Exhibit 2-SPDs & Missing Attachments, #3 Exhibit 3-Evraz 2010 Plan Restatement, #4 Exhibit 4-OSM Handbook, #5 Exhibit 5-Missing Att Election Forms, #6 Exhibit 6-Missing Att Jones Payment History, #7 Exhibit 7-Legible copies of SSA pages, #8 Exhibit 8-Legible copy Oct 17 2014 Letter, #9 Exhibit 9-Annual Funding Notices, #10 Exhibit 10-Missing Records of ML Convos & Reports, #11 Exhibit 11-SSD and Med Records - some missing, #12 Exhibit 12-Oct 8 2014 Hicks Email, #13 Exhibit 13-Sept 3 2015 Orvis Email, #14 Exhibit 14-Sept 19 2015 Letter, #15 Exhibit 15-Oct 16 2015 Denial of Appeal, #16 Exhibit 16-Sept 15 2016 Nichols Email, #17 Exhibit 17-Nov 8 2016 Jones letter, #18 Exhibit 18-Nov 11 2016 Jones letter, #19 Exhibit 19-Dec 12 2016 Nichols letter, #20 Exhibit 20-Dec 13 2016 Nichols and Orvis emails, #21 Exhibit 21-May 4 2017 Nichols comms, #22 Exhibit 22-July 5 2017 Nichols letter, #23 Exhibit 23-July 7 2017 Nichols letter, #24 Exhibit 24-July 12 2017 Nichols letter, #25 Exhibit 25-March 28 2019 Nichols letter, #26 Exhibit 26-Missing Policies, Procedures, Manuals, #27 Exhibit 27-Missing Vocational Resource Materials, #28 Exhibit 28-Missing all Docs under CFR)(Prebula, Mary)
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Filing 118
AFFIDAVIT re #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment DECLARATION OF RECORD CUSTODIAN by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Gillespie, Peter)
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ORDER. Plaintiff's oral motion for certification of the administrative record is GRANTED. Defendants shall submit a certifying declaration within 7 days of this order. Plaintiff's oral motion for leave to file supplemental briefing on certain issues raised during oral argument is DENIED. Ordered by Judge Steven D. Grimberg on August 25, 2021. (ash)
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Filing 117
Minute Entry for proceedings held before Judge Steven D. Grimberg: Motion Hearing held on 8/24/2021. Oral Argument held on Defendant's Motion for Judgment on the Administrative Record and for Summary Judgment #102 and Motion to Exclude Testimony of Plaintiff's Expert #103 . After hearing from both sides, the Court has taken the motions under advisement. A written order will follow at a later date. (Court Reporter Alicia Bagley)(jkb)
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NOTICE regarding the oral argument scheduled for August 24, 2021 at 10:00 a.m. The parties may appear in person or via remote audio and video means, at their preference. The dial in instructions are as follows: https://ganduscourts.zoomgov.com/j/1607259013; Meeting ID: 160 725 9013; Passcode: 181208. (ash)
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Filing 116
NOTICE by Michael D. Jones Notice of Withdrawal of Co-Counsel Only (Prebula, Mary)
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ORDER granting #112 Motion for Oral Argument. Oral argument has been scheduled for TUESDAY, AUGUST 24, 2021 at 10:00 A.M. [ECF 115]. Ordered by Judge Steven D. Grimberg on June 10, 2021. (ash)
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Filing 115
NOTICE SETTING ORAL ARGUMENT:Notice is hereby given that the Court has set a hearing for TUESDAY, AUGUST 24, 2021 at 10:00 A.M. before the Honorable Steven D. Grimberg, in Courtroom 1707, Richard B. Russell Federal Building, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303 for argument on Defendants Motion for Summary Judgment #102 and Motion to Exclude #103 . Argument on the pending motions will be limited to 45 minutes for each side. Signed by Judge Steven D. Grimberg on 06/03/2021. (jkb)
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Submission of the #112 MOTION for Oral Argument re #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment , #103 MOTION to Exclude to District Judge Steven D. Grimberg. (aaq)
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Filing 114
REPLY to Response to Motion re #112 MOTION for Oral Argument re #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment , #103 MOTION to Exclude filed by Michael D. Jones. (Prebula, Mary)
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Filing 113
RESPONSE in Opposition re #112 MOTION for Oral Argument re #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment , #103 MOTION to Exclude filed by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Gillespie, Peter)
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Filing 112
MOTION for Oral Argument re #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment , #103 MOTION to Exclude by Michael D. Jones. (Corbitt, Canon)
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Filing 111
NOTICE of Appearance by Canon T. Corbitt on behalf of Michael D. Jones (Corbitt, Canon)
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Submission of #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment and #103 MOTION to Exclude, to District Judge Steven D. Grimberg. (bdb)
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Filing 110
REPLY to Response to Motion re #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment filed by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Attachments: #1 Exhibit Reply to Plaintiff's Fact Statement, #2 Exhibit Response to Additional Facts)(Gillespie, Peter)
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Filing 109
REPLY BRIEF re #103 MOTION to Exclude Plaintiff's Expert Testimony filed by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Gillespie, Peter)
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Filing 108
RESPONSE in Opposition re #102 MOTION for Judgment on Administrative Record MOTION for Summary Judgment filed by Michael D. Jones. (Attachments: #1 Statement of Material Facts Plaintiff's Response to Defendants' Statement of Uncontested Material Facts, #2 Statement of Material Facts Plaintiff's Statement of Additional Material Facts as to Which There Are Genuine Issues to be Tried, #3 Exhibit Exhibit A - Jones Dep. Excerpts, #4 Exhibit Exhibit B - Walters Dep. Excerpts, #5 Exhibit Exhibit C - Mitchell Dep. Excerpts)(Prebula, Mary)
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Filing 107
DEPOSITION of John Mitchell taken on January 25, 2021 by Michael D. Jones. (Attachments: #1 Exhibit Defendant's Exhibit 1, #2 Exhibit Defendant's Exhibit 4, #3 Exhibit Defendant's Exhibit 6, #4 Exhibit Defendant's Exhibit 7, #5 Exhibit Defendant's Exhibit 8, #6 Exhibit Plaintiff's Exhibit 28, #7 Exhibit Plaintiff's Exhibit 34)(Prebula, Mary)
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Filing 106
NOTICE Of Filing Deposition of John Mitchell by Michael D. Jones (Prebula, Mary)
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Filing 105
RESPONSE in Opposition re #103 MOTION to Exclude Plaintiff's Expert filed by Michael D. Jones. (Attachments: #1 Exhibit A - Excerpts from Jones Dep., #2 Exhibit B - Excerpts from Walters Dep., #3 Exhibit C - John Mitchell Affidavit, #4 Exhibit D - Excerpts from Mitchell Dep.)(Prebula, Mary)
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Filing 104
Request for Leave of Absence for the following date(s): April 29-May 3, 2021, June 10-15, 2021, August 2-9, 2021, September 3-7, 2021, September 24-October 4, 2021, November 22-30, 2021, December 22, 2021-January 3, 2022, by Mary Aunita Prebula. (Prebula, Mary)
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Filing 103
MOTION to Exclude testimony of plaintiff's expert with Brief In Support by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Attachments: #1 Brief Supporting Memorandum of Law, #2 Exhibit Mitchell Expert Report, #3 Exhibit Mitchell Deposition Transcript, #4 Exhibit Dep Ex 2 Griggs Letter, #5 Exhibit Dep Ex 3 Griggs Letter, #6 Exhibit Dep Ex 4 Benefits Estimate, #7 Exhibit Dep Ex 5 SSA Work and Earnings Summary, #8 Exhibit Dep Ex 6 Jones Aff, #9 Exhibit Dep Ex 7 1996 SSA Report)(Gillespie, Peter) Modified on 3/17/2021 to modify motion relief. (jkb).
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Filing 102
MOTION for Judgment on Administrative Record (), MOTION for Summary Judgment () with Brief In Support by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Attachments: #1 Brief Brief in Support, #2 Statement of Material Facts SOF, #3 Appendix Part 1, #4 Appendix Part 2, #5 Appendix Part 3, #6 Appendix Part 4)(Gillespie, Peter) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
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Filing 101
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI)
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Filing 100
CERTIFICATE OF SERVICE by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A..(Gillespie, Peter)
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Filing 99
CERTIFICATE OF SERVICE filed by Michael D. Jones (Prebula, Mary)
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Filing 98
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)
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Filing 97
ANSWER to #94 Amended Complaint by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A..(Gillespie, Peter) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Filing 96
CERTIFICATE OF SERVICE of Plaintiff's Second Interrogatories to Each Defendant by Michael D. Jones.(Prebula, Mary)
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Filing 95
CERTIFICATE OF SERVICE of Plaintiff's Second Request for Production of Documents to Each Defendant by Michael D. Jones.(Prebula, Mary)
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Filing 94
First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Michael D. Jones.(Prebula, Mary) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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ORDER. On November 12, 2020, Plaintiff filed a motion for leave to amend the Complaint [ECF 87]. Defendants did not file a response indicating their consent or opposition to Plaintiffs motion within the time permitted by the Local Rules. LR 7.1(B), NDGa. Therefore, Plaintiffs motion for leave to amend is GRANTED. This order does not extend or otherwise alter the current deadlines for discovery and dispositive motions set forth in the Courts November 4, 2020 Order [ECF 86]. Ordered by Judge Steven D. Grimberg on December 18, 2020. (ash)
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Filing 93
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI)
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Filing 92
CERTIFICATE OF SERVICE of Plaintiff's Expert Report by Michael D. Jones.(Prebula, Mary)
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Submission of #87 MOTION for Leave to File First Amendment to Plaintiff's Complaint, to District Judge Steven D. Grimberg. (jed)
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Filing 91
CERTIFICATE OF SERVICE of Plaintiff's Notice of Designation of Expert by Michael D. Jones.(Prebula, Mary)
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Filing 90
DEPOSITION of Karen Walters - Def 30(b)(6) taken on October 7, 2020 by Michael D. Jones. (Attachments: #1 Exhibit 1, #2 Exhibit 7, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 22, #12 Exhibit 32, #13 Exhibit 33, #14 Exhibit 35, #15 Exhibit 38, #16 Exhibit 39, #17 Exhibit 40, #18 Exhibit 41, #19 Exhibit 42, #20 Exhibit 43, #21 Exhibit 46, #22 Exhibit 50)(Prebula, Mary)
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Filing 89
DEPOSITION of Michael D. Jones taken on September 11, 2020 by Michael D. Jones. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 26, #24 Exhibit 27, #25 Exhibit 28, #26 Exhibit 29, #27 Exhibit 30, #28 Exhibit 31, #29 Exhibit 32, #30 Exhibit 33, #31 Exhibit 34, #32 Exhibit 35, #33 Exhibit 36, #34 Exhibit 37, #35 Exhibit 38)(Prebula, Mary)
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Filing 88
NOTICE Of Filing Deposition by Michael D. Jones (Prebula, Mary)
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Filing 87
MOTION for Leave to File First Amendment to Plaintiff's Complaint with Brief In Support by Michael D. Jones. (Attachments: #1 Brief Plaintiff's Brief in Support of Motion for Leave to Amend Complaint, #2 Exhibit Exhibit A - First Amendment to Plaintiff's Complaint, #3 Exhibit Exhibit B - Excerpts from Administrative Record, #4 Exhibit Exhibit C - Excerpts from Deposition of Michael Jones, #5 Exhibit Exhibit D - Excerpts from 30(b)(6) Deposition of Karen Walters, #6 Exhibit Exhibit E - Excerpts from Plan Document)(Prebula, Mary)
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Filing 86
SECOND AMENDMENT TOSCHEDULING ORDER AND ORDER EXTENDING DISCOVERY: Discovery ends on 1/31/2021. Dispositive Motions due by 3/16/2021. Proposed Pretrial Order due by 3/31/2021. Signed by Judge Steven D. Grimberg on 11/4/2020. (See order for other specifics)(jed)
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Filing 85
Minute Entry for proceedings held before Judge Steven D. Grimberg: Status Conference held telephonically on November 4, 2020. The Court heard from Plaintiff's and Defendant's counsel on the parties joint proposed amendment to the discovery scheduling order #84 . The Court GRANTED an extension of the scheduling order. A separate order will follow. (Court Reporter Alicia Bagley)(jed)
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NOTICE of TELECONFERENCE Hearing: Status Conference set for 11/4/2020 at 10:00 AM in No Courtroom before Judge Steven D. Grimberg. Connection instructions have been emailed to the parties. (ash)
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Filing 84
Second MOTION to Amend #24 Scheduling Order,, #69 Order on Motion to Amend,, by Michael D. Jones. (Attachments: #1 Text of Proposed Order Proposed Second Amendment to Scheduling Order and Order Extending Discovery)(Prebula, Mary)
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Filing 83
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI)
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Filing 82
Amended NOTICE to Take Deposition of The Charles Schwab Trust Company filed by Michael D. Jones (Prebula, Mary)
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Filing 81
Amended NOTICE to Take Deposition of (1) Pension Plan for Employees of EVRAZ Inc., (2) EVRAZ Inc., Administrative Committee, (3) EVRAZ Inc., Investment Committee, and (4) Trust for the Pension Plan for Employees of EVRAZ Inc. filed by Michael D. Jones (Prebula, Mary)
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Filing 80
Amended NOTICE to Take Deposition of EVRAZ INC., N.A. filed by Michael D. Jones (Prebula, Mary)
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Filing 79
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (rvb) (ADI)
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Filing 78
Amended NOTICE to Take Deposition of The Charles Schwab Trust Company filed by Michael D. Jones (Prebula, Mary)
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Filing 77
Amended NOTICE to Take Deposition of (1) Pension Plan for Employees of EVRAZ Inc., (2) EVRAZ Inc., Administrative Committee, (3) EVRAZ Inc., Investment Committee, and (4) Trust for the Pension Plan for Employees of EVRAZ Inc. filed by Michael D. Jones (Prebula, Mary)
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Filing 76
Amended NOTICE to Take Deposition of EVRAZ INC., N.A. filed by Michael D. Jones (Prebula, Mary)
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Filing 75
Amended NOTICE to Take Deposition of Michael D. Jones filed by Michael D. Jones (Prebula, Mary)
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Filing 74
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI)
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Filing 73
Amended NOTICE to Take Deposition of Michael D Jones filed by Michael D. Jones (Prebula, Mary)
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Filing 72
First NOTICE to Take Deposition of Michael D Jones filed by Michael D. Jones (Prebula, Mary)
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Leave of Absence [ECF 65] approved by SDG. (ash)
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Filing 71
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI)
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Filing 70
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)
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Filing 69
FIRST AMENDMENT TO SCHEDULING ORDER AND ORDER EXTENDING DISCOVERY. The Court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court, except as herein modified, and amended as follows: Discovery ends on 10/30/2020; Dispositive Motions are due 12/15/2020; and Proposed Pre-Trial Order if no Dispositive Motions filed is due 12/31/2020. Signed by Judge Steven D. Grimberg on 6/30/2020. (jed)
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Set/Reset Scheduling Order Deadlines: Discovery ends on 10/30/2020. Dispositive Motions due by 12/15/2020. Proposed Pretrial Order due by 12/31/2020. (jed)
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Filing 68
Consent MOTION to Amend #24 Scheduling Order,, with Brief In Support by Michael D. Jones. (Attachments: #1 Text of Proposed Order First Amendment to Scheduling Order and Order Extending Discovery)(Prebula, Mary)
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ORAL ORDER re #67 Response to Order to Show Cause filed by Michael D. Jones. The Court has reviewed Plaintiff's Response to the Order to Show Cause. The Parties are ORDERED to submit a proposed revised Scheduling Order on or before June 30, 2020. Ordered by Judge Steven D. Grimberg on June 23, 2020. (ash) Modified on 6/24/2020 to edit text (jed).
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Filing 67
RESPONSE TO ORDER TO SHOW CAUSE re: #66 Order to Show Cause, filed by Michael D. Jones. (Attachments: #1 Exhibit A - COVID Orders)(Prebula, Mary)
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Filing 66
ORDER: The parties are ORDERED TO SHOW CAUSE within 14 days after entry of this Order why this action should not be dismissed with prejudice under Fed. R. Civ. P. 41(b) and LR 41.3(A), NDGa. If no response is filed by that date, the Clerk is DIRECTED to dismiss this case with prejudice. Signed by Judge Steven D. Grimberg on 6/5/2020. (jed)
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Notification of Docket Correction re #65 Motion for Leave of Absence for the following date(s): 7/8/20-7/22/20, 9/4/20-9/9/20,11/26/20,11/27/20,12/24/20,12/25/20, 12/28/20-1/29/21, by Mary Aunita Prebula. (Prebula, Mary) Modified on 5/28/2020 to add Motion (jed). (jed)
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Filing 65
Motion for Leave of Absence for the following date(s): 7/8/20-7/22/20, 9/4/20-9/9/20,11/26/20,11/27/20,12/24/20,12/25/20, 12/28/20-1/29/21, by Mary Aunita Prebula. (Prebula, Mary) Modified on 5/28/2020 to add Motion (jed).
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Filing 64
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI)
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Filing 63
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI)
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Filing 62
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI)
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Filing 61
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (jed)
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Filing 60
NOTICE to Take Deposition of Pension Plan for Employees of EVRAZ, Inc. N.A.; EVRAZ Inc. N.A. Administrative Committee; Investment Committee for the Trust for Pension Plan for Employees of EVRAZ Inc., N.A., and Trust for the Pension Plan for Employees of EVRAZ Inc., N.A. filed by Michael D. Jones (Prebula, Mary)
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Filing 59
NOTICE to Take Deposition of The Charles Schwab Trust Company filed by Michael D. Jones (Prebula, Mary)
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Filing 58
NOTICE to Take Deposition of EVRAZ INC., N.A. filed by Michael D. Jones (Prebula, Mary)
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Filing 57
CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendants First Interrogatories, Request for Production of Documents, and Request for Admissions by Michael D. Jones.(Prebula, Mary)
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Filing 56
ORDER granting #55 Motion for Extension of Time. Defendants shall respond to the discovery requests as ordered by the Court by February 14, 2020. Signed by Judge Steven D. Grimberg on 2/3/2020. (jed)
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Filing 55
MOTION for Extension of Time Produce Documents re: #51 Order,, #54 Order on Motion for Extension of Time to Complete Discovery,,, with Brief In Support by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Gillespie, Peter)
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Filing 54
ORDER granting #53 Motion for Extension of Time: Defendants shall respond to the discovery requests as ordered by the Court no later than January 31, 2020. Plaintiff shall file his responses and objections to the outstanding discovery requests no later than March 2, 2019. Discovery shall close on April 30, 2020. Dispositive motions shall be filed no later than June 1, 2020. If dispositive motions are not filed, the Consolidated Pre-Trial Order must be filed by June 1, 2020; otherwise the Consolidated Pre-Trial Order will be due 30 days after the Courts ruling on any dispositive motions. All other deadlines are as set forth in the Federal Rules of Civil Procedure, the Local Rules of this Court, and this Courts Standing Order #40 . Signed by Judge Steven D. Grimberg on 12/31/2019. (jed)
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Filing 53
Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Michael D. Jones. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Prebula, Mary)
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ORAL ORDER re #52 Stipulation filed by Michael D. Jones. Extension of discovery period through December 31, 2019 is GRANTED. The Parties are ORDERED to file an amended proposed scheduling order by December 31, 2019. (ash) Modified on 12/4/2019 to edit text (jed).
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Filing 52
STIPULATION for Extension of Discovery Period and Time to Respond by Michael D. Jones. (Prebula, Mary)
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Filing 51
ORDER: The Court ORDERS that Plaintiff may seek discovery of information related to his allegations that Defendants failed to provide him requisite notice under ERISA. Plaintiff is not permitted to seek any information concerning Defendants denial of his claim for benefits under the Plan. The parties are instructed to meet and confer concerning any remaining objections in light of this Order. If the parties cannot reach agreement on any remaining issues, Plaintiff may submit a short statement to the Courts chambers pursuant to its Standing Order to seek resolution of same. Signed by Judge Steven D. Grimberg on 11/22/2019. (jed)
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ORDER granting #50 Motion for Extension of Time. The time for Plaintiff to respond to Defendants First Set of Requests for Admissions of Facts and Genuineness of Documents to Plaintiff Michael D. Jones; Defendants First Set of Requests for Production of Documents to Plaintiff Michael D. Jones; and Defendants First Set of Interrogatories to Plaintiff Michael D. Jones is extended through three business days after the Court enters an order concerning the parties' discovery dispute #47 , #49 . Signed by Judge Steven D. Grimberg on 11/8/19. (kmj)
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Filing 50
Joint MOTION for Extension of Time for Jones to Respond to Discovery by Michael D. Jones. (Prebula, Mary)
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Filing 49
RESPONSE re #46 Telephone Conference,,,,, #47 Response (Non-Motion), Plaintiff's Response to Defendant's Memorandum Regarding Scope of Discovery in ERISA Cases filed by Michael D. Jones. (Prebula, Mary)
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ORDER granting #48 Motion for Extension of Time re #48 Joint MOTION for Extension of Time for Plaintiff Jones to Respond to Discovery. Plaintiff shall have through November 7, 2019 to respond to Defendants' discovery requests. Signed by Judge Steven D. Grimberg on 10/29/2019. (kmj)
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Filing 48
Joint MOTION for Extension of Time for Plaintiff Jones to Respond to Discovery by Michael D. Jones. (Prebula, Mary)
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Filing 47
RESPONSE re #46 Telephone Conference,,,,, Regarding Scope of Disicovery in ERISA Cases filed by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Gillespie, Peter)
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Filing 46
Minute Entry for proceedings held before Judge Steven D. Grimberg: The Court heard from counsel telephonically regarding a discovery dispute raised by Plaintiff. Plaintiff alleges a lack of responsiveness and completeness to their request for production of documents and request for interrogatories. Defendants object to various discovery requests on grounds of relevancy, burden and scope of the record. Plaintiff also contests the fact that all the Defendants provided a combined response and single verification signature to Plaintiff's interrogatories. The Court ORDERS Defendants to supplement the verification signature(s) such that each Defendant is explicitly represented. The Court further ORDERS Defendants to file a memorandum of law within 7 days providing authority for their position that discovery in this case should be limited to the administrative record; Plaintiff will have 7 days thereafter to respond. No reply brief is necessary unless the Court instructs otherwise. Plaintiff's counsel advised that if further discovery is provided by the Defendants she may seek a further extension of the discovery deadline to complete depositions, and the Court stated it will address this when the time comes. The telephonic hearing was adjourned. (Court Reporter Alicia Bagley)(jkl) (Additional attachment(s) received by the clerk's office and added on 11/22/2019: #1 Attachment 1, #2 Attachment 2) (jpa).
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Clerks Notation re #34 Leave of Absence, #45 Leave of Absence, #33 Leave of Absence, approved by SDG (kmj)
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Filing 45
Application for Leave of Absence for the following date(s): November 25-December 2, 2019, December 23-26, 2019, and January 9 - February 10, 2020, by Mary Aunita Prebula. (Attachments: #1 Text of Proposed Order Granting Leave of Absence for Mary A. Prebula)(Prebula, Mary)
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Filing 44
CERTIFICATE of Compliance (Prebula, Mary)
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Filing 43
CERTIFICATE of Compliance (D'Cruz, Robert)
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Filing 42
CERTIFICATE of Compliance (Gillespie, Peter)
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Filing 41
ORDER GRANTING IN PART the parties' motions and orders as follows: discovery ends on 12/6/2019; dispositive Motions are due by 1/3/2020. Signed by Judge Steven D. Grimberg on 10/1/19. (jpa)
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Filing 40
STANDING ORDER regarding Civil Litigation. Signed by Judge Steven D. Grimberg on 9/26/19. (jpa)
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Notification of Docket Correction re #38 Joint Proposed Consent Order for Extension of Time to Complete Discovery . Docketed as motion, changed to proposed order and termed as motion. (jpa)
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Filing 39
JOINT STIPULATION for Extension of time for Jones to respond to discovery by Michael D. Jones.(Prebula, Mary) Modified on 9/30/2019 to edit docket text (jpa).
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Filing 38
Joint Proposed Consent Order for Extension of Time to Complete Discovery with Brief In Support by Michael D. Jones. (Prebula, Mary) Modified on 9/30/2019 to edit text and terminate as motion (jpa).
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Clerks Notation re #25 Certificate of Interested Persons reviewed and approved SDG (kmj)
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Case Reassigned to Judge Steven D. Grimberg. Judge William M. Ray, II no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:18-CV-4519-SDG. Please make note of this change in order to facilitate the docketing of pleadings in this case. (rlb)
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NOTICE of TELECONFERENCE Hearing set for 9/20/2019 at 03:00 PM. Parties are instructed to dial in per instructions emailed by the Court. (jkl)
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Filing 37
CERTIFICATE OF SERVICE first RTP by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A..(Gillespie, Peter)
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Filing 36
CERTIFICATE OF SERVICE First IRROGS by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A..(Gillespie, Peter)
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Filing 35
CERTIFICATE OF SERVICE First Set of Requests to Produce by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A..(Gillespie, Peter)
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Filing 34
Application for Leave of Absence for the following date(s): November 25-December 2, 2019, December 23-26, 2019, and January 9 - February 10, 2020, by Mary Aunita Prebula. (Attachments: #1 Text of Proposed Order Proposed Order on Leave of Absence)(Prebula, Mary)
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Filing 33
Petition for Leave of Absence for the following date(s): July 29-August 5, 2019. August 30-September 9, 2019, November 25-December 2, 2019, December 23-26, 2019, January 9-February 10, 2020, by Mary Aunita Prebula. (Attachments: #1 Text of Proposed Order Proposed Order)(Prebula, Mary)
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Filing 32
CERTIFICATE OF SERVICE of Plaintiff's First Requests for Production of Documents to Defendants by Michael D. Jones.(Prebula, Mary)
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Filing 31
CERTIFICATE OF SERVICE of Plaintiff's First Interrogatories to Defendants by Michael D. Jones.(Prebula, Mary)
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Filing 30
ORDER EXTENDING DISCOVERY: The parties shall have through and including September 30, 2019 to complete discovery re #29 Stipulation. Signed by Judge William M Ray, II on 5/13/19. (rlb) Modified on 5/13/2019 to edit text (rlb).
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Filing 29
STIPULATION for Extension of Discovery Period by Michael D. Jones. (Prebula, Mary)
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Filing 28
Initial Disclosures by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A..(Gillespie, Peter)
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Filing 27
Notice for Leave of Absence for the following date(s): 3/4-3/20/19, 6/17-6/25/19, 7/29-8/5/19, 8/30-9/9/19, 11/25-12/2/19, 12/23/19-1/6/20, by Mary Aunita Prebula. (Prebula, Mary)
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Clerks Notation re #27 Leave of Absence - Judge Ray will not require Attorney Prebula's attendance during the following dates: 3/4-3/20/19, 6/17-6/25/19, 7/29-8/5/19, 8/30-9/9/19, 11/25-12/2/19, 12/23/19-1/6/20. (sll)
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Clerks Notation re #25 Certificate of Interested Persons - OK per WMR (sll)
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Filing 26
Initial Disclosures by Michael D. Jones.(Prebula, Mary)
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Filing 25
Certificate of Interested Persons by Michael D. Jones. (Prebula, Mary)
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Filing 24
SCHEDULING ORDER re #23 Joint Preliminary Report and Discovery Plan. Discovery ends on 5/28/2019. Summary Judgment Motions are due by 6/28/2019, and if no Motions for Summary Judgment are filed, the Proposed Pretrial Order will be due by 6/28/2019. However, if a Motion for Summary Judgment is filed, the Proposed Consolidated Pretrial Order will be due within 30 days of the Court's ruling on the Motion for Summary Judgment. The Clerk is directed to submit this action on July 1, 2019, if the parties have not filed a Motion for Summary Judgment or Proposed Pretrial Order. Signed by Judge William M Ray, II on 2/7/19. (jpa)
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Filing 23
Joint JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Michael D. Jones. (Prebula, Mary)
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Filing 22
ANSWER to #1 COMPLAINT by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. Discovery ends on 5/28/2019.(D'Cruz, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Clerk's Certificate of Mailing to Peter James Gillespie re #21 Order. (ddm)
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Filing 21
ORDER granting #19 Application for Admission Pro Hac Vice filed by Peter James Gillespie. Signed by Judge William M Ray, II on 12/18/18. (ddm)
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APPROVAL by Clerks Office re: #19 APPLICATION for Admission of Peter James Gillespie Pro Hac Vice (Application fee $ 150, receipt number 113E-8306309). Attorney Peter James Gillespie added appearing on behalf of EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A. (pmb)
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Filing 20
WAIVER OF SERVICE Returned Executed by Trust for the Pension Plan for Employees of Evraz Inc., N.A., Evraz Inc. N.A. Investment Committee, Pension Plan for Employees of Evraz Inc., N.A., EVRAZ Inc. North America, The Charles Schwab Trust Company, Evraz Inc., N.A. Administrative Committee. Evraz Inc. N.A. Investment Committee waiver mailed on 9/26/2018, answer due 12/25/2018. (D'Cruz, Robert) Modified on 12/12/2018 to edit dates (ddm).
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Filing 19
APPLICATION for Admission of Peter James Gillespie Pro Hac Vice (Application fee $ 150, receipt number 113E-8306309)by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Attachments: #1 Text of Proposed Order Proposed Order)(D'Cruz, Robert)
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Filing 18
ORDER granting the parties' #17 Consent Motion for Extension of Time, on or before December 26, 2018, for Defendants to respond to #1 Plaintiff's Complaint. Signed by Judge William M Ray, II on 11/28/18. (ddm)
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Filing 17
Consent MOTION for Extension of Time to File Answer re #1 Complaint, by EVRAZ Inc. North America, Evraz Inc. N.A. Investment Committee, Evraz Inc., N.A. Administrative Committee, Pension Plan for Employees of Evraz Inc., N.A., The Charles Schwab Trust Company, Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (Attachments: #1 Text of Proposed Order Proposed Order)(D'Cruz, Robert)
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Filing 16
WAIVER OF SERVICE Returned Executed by Michael D. Jones. Trust for the Pension Plan for Employees of Evraz Inc., N.A. waiver mailed on 9/28/2018, answer due 11/27/2018. (Prebula, Mary)
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Filing 15
WAIVER OF SERVICE Returned Executed by Michael D. Jones. Pension Plan for Employees of Evraz Inc., N.A. waiver mailed on 9/28/2018, answer due 11/27/2018. (Prebula, Mary)
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Filing 14
WAIVER OF SERVICE Returned Executed by Michael D. Jones. Evraz Inc., N.A. Administrative Committee waiver mailed on 9/28/2018, answer due 11/27/2018. (Prebula, Mary)
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Filing 13
WAIVER OF SERVICE Returned Executed by Michael D. Jones. EVRAZ Inc. North America waiver mailed on 9/28/2018, answer due 11/27/2018. (Prebula, Mary) Modified on 11/14/2018 to correct date per phone call (rjs).
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Filing 12
WAIVER OF SERVICE Returned Executed by Michael D. Jones. The Charles Schwab Trust Company waiver mailed on 9/28/2018, answer due 11/27/2018. (Prebula, Mary)
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Set Deadlines/Hearings: EVRAZ Inc. North America answer due 11/27/2018. (rjs)
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Case Reassigned to Judge William M Ray, II. Judge Michael L. Brown no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:18-cv-4519-WMR. Please make note of this change in order to facilitate the docketing of pleadings in this case. (adg)
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Refund in the amount of $400.00 has been processed, effective 10/05/18 in response to Clerks Action on Application for Refund of Fees paid online. (kns)
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Clerks Approval re #10 Application for Refund of Fees paid online. (mec)
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Filing 11
ORDER granting #9 Motion for Leave of Absence applicable to all trials, hearings, depositions, motions, filing and other legal proceedings that may be scheduled in the above-referenced matter from on October 25 through 29, 2018; December 13 through December 23, 2018; December 24 through January 4, 2019; March 3 through 20, 2019, inclusive. Signed by Judge Michael L. Brown on 10/2/18. (jpa)
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Filing 10
Application for Refund of Fees paid online through Pay.gov for receipt number 113E-8173036. (Prebula, Mary)
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Filing 9
MOTION Leave of Absence MPrebula by Michael D. Jones. (Attachments: #1 Text of Proposed Order Proposed Order on Leave of Absence)(Prebula, Mary)
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Filing 8
STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 9/28/2018. (bgt)
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Filing 7
Electronic Summons Issued as to Evraz Inc. N.A. Investment Committee. (eop)
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Filing 6
Electronic Summons Issued as to The Charles Schwab Trust Company. (eop)
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Filing 5
Electronic Summons Issued as to Trust for the Pension Plan for Employees of Evraz Inc., N.A.. (eop)
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Filing 4
Electronic Summons Issued as to Evraz Inc., N.A. Administrative Committee. (eop)
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Filing 3
Electronic Summons Issued as to Pension Plan for Employees of Evraz Inc., N.A.. (eop)
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Filing 2
Electronic Summons Issued as to EVRAZ Inc. North America. (eop)
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Filing 1
COMPLAINT with Jury Demand filed by Michael D. Jones. (Filing fee $400.00, receipt number 113E-8174933) (Attachments: #1 Ex -1 - Pension Plan, #2 Ex -2 - Denial Letter, #3 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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