Alfonso v. Cumulus Media, Inc. et al
| Dan Alfonso and Cara Chiappa |
| John Does 1-10. and Cumulus Media, Inc. |
| 1:2020cv00847 |
| February 24, 2020 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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Filing 53
USCA Clerk's Entry of Dismissal of Voluntary Dismissal: Motion to voluntarily dismiss appeal filed by Appellee Cumulus Media, Inc. is GRANTED by clerk #30 . Pursuant to FRAP 42 and 11th Cir. R. 42-1(a), #45 Notice of Appeal and #49 Notice of Appeal, are duly entered dismissed on this date. Case Appealed to USCA- 11th Circuit. Case Number 21-14031-CC. (pjm)
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Filing 52
USCA Acknowledgment of #49 Amended Notice of Appeal, filed by Dan Alfonso. Case Appealed to USCA- 11th Circuit. Case Number 21-14031-CC. (pjm)
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Filing 51
Transmission of Certified Copy of Amended Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals re: #49 Amended Notice of Appeal. (pjm)
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Filing 50
USCA Appeal Transmission Letter to 11th Circuit re: #49 Notice of Appeal, filed by Dan Alfonso. (pjm)
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Filing 49
AMENDED NOTICE OF APPEAL as to #43 Order on Motion for Summary Judgment, #44 Clerk's Judgment by Dan Alfonso. Transcript Order Form due on 12/14/2021 (Attachments: #1 Exhibit A - Order Granting Motion for Summary Judgment, #2 Exhibit B - Clerk's Judgment in Favor of Defendants)(Gyandoh, Mark) Modified on 11/30/2021 to update text (pjm).
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Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal, #45 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 21-14031-CC. The entire record on appeal is available electronically. (pjm)
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Filing 48
USCA Acknowledgment of #45 Notice of Appeal filed by Dan Alfonso. Case Appealed to USCA - 11th Circuit. USCA Case Number 21-14031-CC. (kac)
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Filing 47
Transmission of Certified Copy of Notice of Appeal, USCA Appeal Fees, Judgment, Order and Docket Sheet to US Court of Appeals re: #45 Notice of Appeal. (pjm)
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Filing 46
USCA Appeal Transmission Letter to 11th Circuit re: #45 Notice of Appeal, filed by Dan Alfonso. (pjm)
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Filing 45
NOTICE OF APPEAL as to #43 Order on Motion for Summary Judgment, #44 Clerk's Judgment by Dan Alfonso. Filing fee $ 505, receipt number AGANDC-11391135. Transcript Order Form due on 11/26/2021 (Attachments: #1 Exhibit Ex A - Order Granting Motion for Summary Judgment, #2 Exhibit Ex B - Clerk's Judgment in Favor of Defendants)(Gyandoh, Mark)
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Filing 44
CLERK'S JUDGMENT in favor of Defendant against Plaintiff (ah)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
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Filing 43
ORDER granting #36 Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr. on 10/15/2021. (ah)
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Civil Case Terminated. (ah)
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Submission of #36 MOTION for Summary Judgment Against Daniel Alfonso, to District Judge Thomas W. Thrash Jr. (ah)
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Filing 42
RESPONSE re #40 Response to Statement of Material Facts, Response to Daniel Alfonso's Counter-Statement of Material Facts filed by Cumulus Media, Inc.. (Tetrick, David)
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Filing 41
REPLY BRIEF re #36 MOTION for Summary Judgment Against Daniel Alfonso filed by Cumulus Media, Inc.. (Tetrick, David)
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Filing 40
Response to Statement of Material Facts re #36 MOTION for Summary Judgment Against Daniel Alfonso Plaintiffs' Response to the Statement of Undisputed Facts in Support of Defendant Cumulus Media Inc.'s Motion for Summary Judgment Against Daniel Alfonso filed by Dan Alfonso, Cara Chiappa. (Attachments: #1 Exhibit A - Alphonso's Declaration)(Gyandoh, Mark)
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Filing 39
RESPONSE in Opposition re #36 MOTION for Summary Judgment Against Daniel Alfonso Plaintiffs' Memorandum of Law in Opposition to Defendant Cumulus Media Inc.'s Motion for Summary Judgment Against Daniel Alfonso filed by Dan Alfonso, Cara Chiappa. (Gyandoh, Mark)
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Filing 38
ORDER granting #37 Motion for Extension of Time. Defendants shall have up to and including May 12, 2021 to file a reply to the Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr. on 4/7/2021. (ah)
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Filing 37
Unopposed MOTION for Extension of Time Plaintiffs' Unopposed Motion to Extend Time to Respond to Defendants Cumulus Media Inc.'s Motion for Summary Judgment Against Daniel Alfonso re: #36 MOTION for Summary Judgment Against Daniel Alfonso by Dan Alfonso, Cara Chiappa. (Attachments: #1 Text of Proposed Order Proposed Order)(Gyandoh, Mark)
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Filing 36
MOTION for Summary Judgment Against Daniel Alfonso with Brief In Support by Cumulus Media, Inc.. (Attachments: #1 Brief in Support, #2 Statement of Material Facts, #3 Declaration of Lindy Nodine, #4 Exhibit 1 to Declaration of Lindy Nodine - Release Agreement)(Tetrick, David) --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 35
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 (mmc) (ADI)
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Filing 34
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. (mmc) (ADI)
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Filing 33
OPINION AND ORDER: This Court GRANTS Defendant Cumulus Media Inc.'s #19 Motion to Dismiss with respect to the Plaintiff Chiappa and any claims arising prior to February 24, 2019. The Court dismisses Plaintiff Chiappa from this suit. Signed by Judge Thomas W. Thrash, Jr. on 12/17/2020. (jed)
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Filing 32
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. (mmc) (ADI)
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Clerk's Certificate of Mailing as to Donald R. Reavey and Mary Ellen Conner re Notice (Other),,. (tmf)
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NOTICE : Please be advised that Charlotte Diggs, Courtroom Deputy to Chief Judge Thomas W. Thrash, Jr., has had to take leave and may be absent from the courthouse for several weeks. Effective immediately all communications related to cases assigned to Judge Thrash should be directed to Mr. Sam Johnston, who will be serving as interim Courtroom Deputy for Judge Thrash pending the return of Ms. Diggs. Mr. Johnston's telephone number is 706-378-4084, and his email is Sam_Johnston@gand.uscourts.gov (tmf)
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Filing 31
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. (aaq) (ADI)
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Filing 30
NOTICE by Cumulus Media, Inc. of Alexander G. Gray's Withdrawal as Counsel of Record for Defendant Cumulus Media Inc. (Shuler, Darren)
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Filing 29
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. (adg) (ADI)
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Filing 28
RESPONSE re #26 Notice (Other) of Supplemental Authority filed by Cumulus Media, Inc.. (Tetrick, David)
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Filing 27
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. (ddm) (ADI)
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Filing 26
NOTICE by Dan Alfonso, Cara Chiappa Notice of Supplemental Authority (Attachments: #1 Exhibit Ex A - Falberg v. Goldman Sachs)(Gyandoh, Mark)
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Filing 25
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 (ddm) (ADI)
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Submission of #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Thomas W. Thrash Jr. (kt)
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Filing 24
REPLY BRIEF re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cumulus Media, Inc.. (Tetrick, David)
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Filing 23
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. (dgs) (ADI)
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Filing 22
RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dan Alfonso, Cara Chiappa. (Attachments: #1 Declaration in Support of Opposition to Motion to Dismiss, #2 Exhibit Ex A - ERISA 104(b) Request, #3 Exhibit Ex B - Plan Administrator's Response)(Gyandoh, Mark)
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Filing 21
ORDER GRANTING #20 Joint Motion for Extension of Time to Respond to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Plaintiffs shall have up to and including 6/25/2020 to respond. Signed by Judge Thomas W. Thrash, Jr. on 6/8/2020. (kt)
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Filing 20
Joint MOTION for Extension of Time File Response to Defendants' Motion to Dismiss re: #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dan Alfonso, Cara Chiappa. (Attachments: #1 Text of Proposed Order Proposed Order)(Gyandoh, Mark)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Cumulus Media, Inc.. (Attachments: #1 Brief in Support, #2 Declaration of Lindy Nodine, #3 Exhibit A to Declaration of Lindy Nodine)(Tetrick, David)
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Filing 18
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. (aaq) (ADI)
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Filing 17
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. (dgs) (ADI)
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Filing 16
ORDER granting #15 Motion for Extension of Time to Answer re #1 Complaint, Cumulus Media, Inc. Answer due 5/28/2020. Signed by Judge Thomas W. Thrash, Jr. on 4/24/2020. (tcc)
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Clerk's Notation re #14 Certificate of Interested Persons: OK, per TWT. (cmd)
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| Filing 15 Joint MOTION for Extension of Time to File Answer by Cumulus Media, Inc.. (Attachments: #1 Text of Proposed Order)(Tetrick, David) |
| Filing 14 Certificate of Interested Persons by Cumulus Media, Inc.. (Tetrick, David) |
| Filing 13 NOTICE of Appearance by Alexander Gray on behalf of Cumulus Media, Inc. (Gray, Alexander) |
| Filing 12 NOTICE of Appearance by Darren A. Shuler on behalf of Cumulus Media, Inc. (Shuler, Darren) |
| Filing 11 NOTICE of Appearance by David Tetrick, Jr on behalf of Cumulus Media, Inc. (Tetrick, David) |
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Filing 10
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. (jpa) (ADI)
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| Filing 9 WAIVER OF SERVICE Returned Executed by Cara Chiappa, Dan Alfonso. Cumulus Media, Inc. waiver mailed on 2/28/2020, answer due 4/28/2020. (Gyandoh, Mark) |
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Filing 8
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 3/16/20. (kt)
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Filing 7
ORDER granting #4 Application for Admission Pro Hac Vice of Mark K. Gyandoh. Signed by Judge Thomas W. Thrash, Jr. on 3/9/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kt)
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Filing 6
ORDER granting #5 Application for Admission Pro Hac Vice for Donald R. Reavey. Signed by Judge Thomas W. Thrash, Jr. on 3/9/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(kt)
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| Clerk's Certificate of Mailing re #6 Order on Application for Admission PHV to Donald R. Reavey. (kt) |
| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Donald R. Reavey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9438023).. Attorney Donald R. Reavey added appearing on behalf of Dan Alfonso, Cara Chiappa (nmb) |
| APPROVAL by Clerks Office re: #4 APPLICATION for Admission of Mark K. Gyandoh Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9437999).. Attorney Mark K. Gyandoh added appearing on behalf of Dan Alfonso, Cara Chiappa (nmb) |
| Filing 5 APPLICATION for Admission of Donald R. Reavey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9438023). with Brief In Support by Dan Alfonso, Cara Chiappa. (Fistel, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 4 APPLICATION for Admission of Mark K. Gyandoh Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9437999). with Brief In Support by Dan Alfonso, Cara Chiappa. (Fistel, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 3 Electronic Summons Issued as to Cumulus Media, Inc. (ah) |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Cara Chiappa and Dan Alfonso. (ah) |
| Filing 1 COMPLAINT with Jury Demand filed by Cara Chiappa and Dan Alfonso (Filing fee $400, receipt number AGANDC-9406817). (Attachments: #1 Civil Cover Sheet)(ah) 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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