Scott v. Aon Hewit Financial Advisors, LLC et al
| SCOTT, Dave O'Quinn, Tracie M. Thomas, Brian J. Kosinski and Cheryl Scott |
| Aon Hewit Financial Advisors, LLC, Caterpillar Inc., Hewitt Financial Services, LLC, John Does 1-50 and Hewitt Associates, LLC |
| 1:2017cv00679 |
| January 27, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| De Kalb |
| Sharon Johnson Coleman |
| Jeffrey T Gilbert |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on November 29, 2018. A more recent docket listing may be available from PACER.
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| Filing 161 MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the parties' Stipulation of Dismissal With Prejudice #159 , this action is dismissed with prejudice, with the parties to bear their own attorneys' fees and costs. Civil case terminated. Mailed notice (ber, ) |
| Filing 160 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 11/28/18. The parties report they have resolved the case. Defendant Caterpillar's Motion to Dismiss #143 and Motion of Defendants Aon Hewitt Financial Advisors, LLC and Hewitt Associates LLC to Dismiss Plaintiffs' First Amended Class Action Complaint #150 are stricken in light of the parties' pending settlement. Mailed notice (ber, ) |
| Filing 159 STIPULATION of Dismissal with Prejudice (Bloom, James) |
| Filing 158 MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' joint request, the briefing schedule previously entered on 10/23/18 #157 is stayed until 11/28/18. This is longer than the 14 days the parties requested because of the Thanksgiving holiday. Status hearing set for 11/28/18 10:15 a.m. The Court is amenable to conducting this status hearing by telephone with both in-town and out-of-town counsel appearing by phone. Counsel who want to appear by telephone should so inform the Court's courtroom deputy and she will give them a call-in number and access code. Mailed notice (ber, ) |
| Filing 157 MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the briefing schedule on Defendant Caterpillar's Motion to Dismiss #143 and Motion of Defendants Aon Hewitt Financial Advisors, LLC and Hewitt Associates LLC to Dismiss Plaintiffs' First Amended Class Action Complaint #150 is extended as follows: Plaintiffs' responses are due by 11/7/18 and Defendants' replies are due by 12/5/18. Mailed notice (ber, ) |
| Filing 156 MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the briefing schedule on Defendant Caterpillar's Motion to Dismiss #143 and Motion of Defendants Aon Hewitt Financial Advisors, LLC and Hewitt Associates LLC to Dismiss Plaintiffs' First Amended Class Action Complaint #150 is extended as follows: Plaintiffs' responses are due by 10/24/18 and Defendants' replies are due by 11/21/18. Mailed notice (ber, ) |
| Filing 155 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court sets the following briefing schedule on Defendant Caterpillar's Motion to Dismiss #143 and Motion of Defendants Aon Hewitt Financial Advisors, LLC and Hewitt Associates LLC to Dismiss Plaintiffs' First Amended Class Action Complaint #150 : Responses due by 10/10/18 and replies due by 10/31/18. If the parties agree to a different briefing schedule, they jointly should email the Court's courtroom deputy, and the Court will enter a revised briefing schedule. The motion hearings noticed for 9/13/18 are stricken with no appearances required. Mailed notice (ber, ) |
| Filing 154 MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Caterpillar's Motion to File Exhibits Under Seal #147 is granted. Caterpillar is given leave to file Exhibits 1-4 in support of its motion to dismiss Plaintiffs' FAC under seal. The motion hearing noticed for 9/13/18 is stricken with no appearance required. Mailed notice (ber, ) |
| Filing 153 NOTICE of Motion by Craig Christopher Martin for presentment of Motion to Dismiss for Failure to State a Claim #150 before Honorable Jeffrey T. Gilbert on 9/13/2018 at 09:15 AM. (Martin, Craig) |
| Filing 152 DECLARATION of Amanda Amert regarding memorandum in support of motion #151 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Amert, Amanda) |
| Filing 151 MEMORANDUM by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC in support of Motion to Dismiss for Failure to State a Claim #150 (Martin, Craig) |
| Filing 150 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC (Martin, Craig) |
| Filing 149 SEALED EXHIBIT by Defendant Caterpillar Inc. regarding declaration,, #145 (Attachments: #1 Exhibit 1 - 2008 Hewitt Administrative Services Agreement, #2 Exhibit 2 - Aon Financial Advisors Investment Advisory Agreement, #3 Exhibit 3 - Hewitt Administrative Services Agreement, #4 Exhibit 4 - 2008 Hewitt Administrative Services Agreement)(Morrison, Ian) |
| Filing 148 NOTICE of Motion by Ian H. Morrison for presentment of motion for leave to file #147 before Honorable Jeffrey T. Gilbert on 9/13/2018 at 09:15 AM. (Morrison, Ian) |
| Filing 147 MOTION by Defendant Caterpillar Inc. for leave to file Exhibits Under Seal (Morrison, Ian) |
| Filing 146 NOTICE of Motion by Ian H. Morrison for presentment of motion to dismiss #143 before Honorable Jeffrey T. Gilbert on 9/13/2018 at 09:15 AM. (Morrison, Ian) |
| Filing 145 DECLARATION of Ian H. Morrison regarding motion to dismiss #143 (Attachments: #1 Exhibit 1 - Financial Engines Investment Advisory Agreement (to be filed under seal), #2 Exhibit 2 - Aon Financial Advisors Investment Advisory Agreement (to be filed under seal), #3 Exhibit 3 - Hewitt Administrative Services Agreement (to be filed under seal), #4 Exhibit 4 - Excerpts of Hewitt Administrative Services Agreement (to be filed under seal), #5 Exhibit 5 - blooom Inc. Adv, #6 Exhibit 6 - Betterment Adv, #7 Exhibit 7 - Transamerica Adv)(Morrison, Ian) |
| Filing 144 MEMORANDUM by Caterpillar Inc. in support of motion to dismiss #143 (Memorandum of Law in Support of Motion to Dismiss) (Morrison, Ian) |
| Filing 143 MOTION by Defendant Caterpillar Inc. to dismiss (Morrison, Ian) |
| Filing 142 NOTICE by Ellen Noteware of Change of Address (Noteware, Ellen) |
| Filing 141 NOTICE by Todd S. Collins of Change of Address (Collins, Todd) |
| Filing 140 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Caterpillar Inc. (Caterpillar Inc.'s Rule 7.1 and Local Rule 3.2 Disclosure Statement) (Morrison, Ian) |
| Filing 139 ATTORNEY Appearance for Defendant Caterpillar Inc. by Shannon Marie Callahan (Callahan, Shannon) |
| Filing 138 ATTORNEY Appearance for Defendant Caterpillar Inc. by Jules A. Levenson (Levenson, Jules) |
| Filing 137 ATTORNEY Appearance for Defendant Caterpillar Inc. by Ian H. Morrison (Morrison, Ian) |
| Filing 136 ATTORNEY Appearance for Defendant Caterpillar Inc. by Ada W. Dolph (Dolph, Ada) |
Filing 135
ORDER REGARDING DEFENDANTS AON HEWITT FINANCIAL ADVISORS, LLC AND HEWITT ASSOCIATES LLC'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD IN RESPONSE TO PLAINTIFFS' AMENDED COMPLAINT: The Court having reviewed Defendants Aon Hewitt Financial Advisors, LLC and Hewitt Associates LLC's Unopposed Motion For Extension Of Time To Answer Or Otherwise Plead In Response To Plaintiffs' Amended Complaint and for good cause shown, it is ordered that: 1. Defendants' current deadlines to answer or otherwise plead in response to the amended complaint are stricken. 2. All Defendants shall answer or otherwise plead in response to the amended complaint on or before September 7, 2018. Signed by the Honorable Jeffrey T. Gilbert on 7/17/2018. Mailed notice (ber, )
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| Filing 134 NOTICE of Motion by Brienne M Letourneau for presentment of extension of time #133 before Honorable Jeffrey T. Gilbert on 7/24/2018 at 09:15 AM. (Letourneau, Brienne) |
| Filing 133 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC for extension of time to Answer or Otherwise Plead in Response to Plaintiffs' Amended Complaint (Unopposed) (Letourneau, Brienne) |
| Filing 132 SUMMONS Returned Executed by Brian J. Kosinski, Tracie M. Thomas, Dave O'Quinn, Cheryl Scott as to Caterpillar Inc. on 7/10/2018, answer due 7/31/2018. (Agrawal, Suyash) |
| SUMMONS Issued as to Defendant Caterpillar Inc. (dal, ) |
| Filing 131 NOTICE of Motion by James A. Bloom for presentment of Unredacted First Amended Complaint Under Seal #129 before Honorable Jeffrey T. Gilbert on 6/21/2018 at 09:15 AM. (Bloom, James)(Docket text modified by Clerk's Office only on 6/19/2018). |
| Filing 130 MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiffs' Motion for Leave to File Unredacted First Amended Complaint Under Seal #129 is granted. Mailed notice (ber, ) |
| Filing 129 MOTION by Plaintiffs Brian J. Kosinski, Dave O'Quinn, Cheryl Scott, Tracie M. Thomas for leave to file Unredacted First Amended Complaint Under Seal (Bloom, James) |
| Filing 128 SEALED DOCUMENT by Plaintiffs Brian J. Kosinski, Dave O'Quinn, Cheryl Scott, Tracie M. Thomas FIRST AMENDED CLASS ACTION COMPLAINT (Attachments: #1 Exhibit 1)(Bloom, James) |
| Filing 127 FIRST AMENDED complaint by Cheryl Scott, Dave O'Quinn, Brian J. Kosinski, Tracie M. Thomas against Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC, Hewitt Financial Services, LLC REDACTED (Attachments: #1 Exhibit 1)(Bloom, James) |
| Filing 126 NOTICE of Motion by James A. Bloom for presentment of before Honorable Jeffrey T. Gilbert on 6/21/2018 at 09:15 AM. (Bloom, James) |
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Filing 125
ORDER: This cause coming to be heard on Plaintiff's Unopposed Motion for Extension of Time to File Amended Complaint Amended Complaint and Stipulation to Set Briefing Schedule for Defendants Motion to Dismiss #122 , it is hereby ORDERED, that: 1. Plaintiff's request for extension of time to file an amended complaint is GRANTED, and Plaintiff shall file her Amended Complaint by or before June 18, 2018. 2. If Plaintiff files an Amended Complaint, Defendants' motion to dismiss, if any, shall be due thirty (30) days after Plaintiff files her Amended Complaint. 3. If Defendants file a motion to dismiss, Plaintiff shall file her opposition brief within thirty (30) days after Defendants file their motion to dismiss. 4. If Defendants file a motion to dismiss, Defendants shall file their reply brief in support of their motion within twenty-one (21) days after Plaintiff files her opposition to Defendants' motion to dismiss. 5. No further discovery will be pursued by either party while Defendants' motion to dismiss Plaintiff's amended complaint remains pending. Signed by the Honorable Jeffrey T. Gilbert on 4/18/2018:Mailed notice(ber, )
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| Filing 124 MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Unopposed Motion for Extension of Time to File Amended Complaint and Stipulation to Set Briefing Schedule for Defendants' Motion to Dismiss #122 is granted. Enter Order. The motion hearing noticed for 4/19/18 is stricken with no appearance required. Mailed notice (ber, ) |
| MOTION by Plaintiff Cheryl Scott Stipulation to Set Briefing Schedule for Defendants' Motion to Dismiss. (Omitted Relief from Motion #122 ). (eaa, ) |
| Filing 123 NOTICE of Motion by Suyash Agrawal for presentment of extension of time #122 before Honorable Jeffrey T. Gilbert on 4/19/2018 at 09:15 AM. (Agrawal, Suyash) |
| Filing 122 UNOPPOSED MOTION by Plaintiff Cheryl Scott for extension of time to File Amended Complaint and Stipulation to Set Briefing Schedule. (Agrawal, Suyash) |
| Filing 121 TRANSCRIPT OF PROCEEDINGS held on 2/22/18 before the Honorable Jeffrey T. Gilbert. Order Number: 30029. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/20/2018. Redacted Transcript Deadline set for 4/30/2018. Release of Transcript Restriction set for 6/28/2018. (Mullen, Patrick) |
| Filing 120 MINUTE entry before the Honorable Jeffrey T. Gilbert:In light of the Court's Memorandum Opinion and Order #119 dismissing Plaintiff's complaint without prejudice, Plaintiff's Motion to Compel #76 also is denied without prejudice. The discovery at issue in Plaintiff's motion addresses, in large part, issues of class discovery. Plaintiff has been given leave to file an amended complaint if she chooses to do so. If an amended complaint is filed and after Defendants have had the opportunity to respond to it, Plaintiff may re-file her motion as appropriate, and the Court will consider any discovery issues at that time. Mailed notice (lxs, ) |
| Filing 119 MEMORANDUM Opinion and Order: For all of the reasons set forth in the Court's Memorandum Opinion and Order, Defendants' Motion to Dismiss [ECF No. 35] is granted without prejudice. Plaintiff is given 30 days to file an amended complaint consistent with the Court's Memorandum Opinion and Order if she chooses to do so. See attached Memorandum Opinion and Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 3/19/2018. Mailed notice(ber, ) |
| Filing 118 NOTICE by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC Of Filing Of Supplemental Authority Relevant To Defendants' Motion To Dismiss And Defendants' Opposition To Plaintiff's Motion To Compel Discovery (Martin, Craig) |
| Filing 117 MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Motion for Leave to Submit Supplemental Authority #115 is granted. Defendants are granted leave to file the opinion in Patrico v. Voya Financial Inc., et al., No. 1:16-cv-07070, Dkt. No. 84 (S.D.N.Y. Mar. 13, 2018), as supplemental authority relevant to their Motion to Dismiss and opposition to Plaintiff's Motion to Compel. The motion hearing noticed for 3/20/18 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, ) |
| Filing 116 NOTICE of Motion by Craig Christopher Martin for presentment of motion for leave to file #115 before Honorable Jeffrey T. Gilbert on 3/20/2018 at 09:15 AM. (Martin, Craig) |
| Filing 115 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC for leave to file supplemental authority (Attachments: #1 Exhibit A, #2 Proposed Order)(Martin, Craig) |
| Filing 114 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 2/22/18.The fact and expert discovery deadlines are stricken for the reasons discussed on the record. Plaintiff indicated she is planning to file an amended complaint but will wait until the Court issues its forthcoming decision on the pending motion to dismiss #35 . Mailed notice (ber, ) |
| Filing 113 MINUTE entry before the Honorable Jeffrey T. Gilbert: Per Plaintiff's request, this case is set for a status hearing on 2/22/18 at 10:45 a.m. The Court recognizes that it has under advisement Defendants' Motion to Dismiss Plaintiff's Class Action Complaint #35 and Plaintiff's Motion to Compel Discovery #76 . The Court also recognizes that fact and expert discovery dates may need to be reset given the pendency of these motions. Mailed notice (ber, ) |
| Filing 112 SUR-REPLY by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC to motion to compel #76 (Attachments: #1 Exhibit K)(Amert, Amanda) |
| Filing 111 MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Motion for Leave to File Sur-Reply in Opposition to Plaintiff's Motion to Compel Discovery #109 is granted. Defendants are granted leave to file the sur-reply attached as Exhibit A to their Motion. The motion hearing noticed for 11/14/17 is stricken with no appearance required. Mailed notice (ber, ) |
| Filing 110 NOTICE of Motion by Amanda S Amert for presentment of motion for leave to file #109 before Honorable Jeffrey T. Gilbert on 11/14/2017 at 09:15 AM. (Amert, Amanda) |
| Filing 109 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC for leave to file Sur-Reply In Opposition To Plaintiff's Motion To Compel Discovery (Attachments: #1 Exhibit A)(Amert, Amanda) |
| Filing 108 REPLY by Plaintiff Cheryl Scott to response in opposition to motion, #95 , motion to compel #76 (Noteware, Ellen) |
| Filing 107 NOTICE by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC re sealed response #96 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 of Supplemental Authority (Martin, Craig) |
| Filing 106 MINUTE entry before the Honorable Jeffrey T. Gilbert:Defendants' Motion for Leave to File Supplemental Authority #104 is granted. The motion hearing noticed for 11/2/2017 at 9:15 a.m. is stricken with no appearance required.Mailed notice (rbf, ) |
| Filing 105 NOTICE of Motion by Craig Christopher Martin for presentment of motion for leave to file #104 before Honorable Jeffrey T. Gilbert on 11/2/2017 at 09:15 AM. (Martin, Craig) |
| Filing 104 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC for leave to file SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A)(Martin, Craig) |
| Filing 103 MINUTE entry before the Honorable Jeffrey T. Gilbert: By agreement, Plaintiff will file her Reply in Support of her Motion to Compel Discovery #76 by 10/27/17. Mailed notice (ber, ) |
| Filing 102 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court would like Plaintiff to file a reply brief in support of her Motion to Compel Discovery #75 . Plaintiff's counsel should send an email to the Court's courtroom deputy, copied to Defendants' counsel, proposing a date by which the reply can be filed and the Court will enter that date. In addition, because of a schedule conflict, the status hearing set for 10/23/17 #75 is stricken. The Court will reset a date for that status hearing and/or set a hearing on Plaintiff's Motion to Compel #76 in a future order. Mailed notice (ber, ) Modified on 10/17/2017 (ber, ). |
| Filing 101 REPLY by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC to other #87 Regarding Notice of Supplemental Authority (Martin, Craig) |
| Filing 100 TRANSCRIPT OF PROCEEDINGS held on September 6, 2017, before the Honorable Jeffrey T. Gilbert. Order Number: 28236. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/31/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/8/2018. (Lacien, Laura) |
| Filing 99 MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion for Leave to File Under Seal Redacted Response in Opposition to Motion to Compel and Declaration in Support #97 is granted. Defendants are given leave to file under seal unredacted versions of their Response In Opposition To Plaintiff's Motion To Compel, Exhibit A to their Opposition, and the Declaration of Cindy Shearer. The motion hearing noticed for 10/23/17 at 10:00 a.m. is stricken. Mailed notice (ber, ) |
| Filing 98 NOTICE of Motion by Amanda S Amert for presentment of motion for leave to file #97 before Honorable Jeffrey T. Gilbert on 10/23/2017 at 10:00 AM. (Amert, Amanda) |
| Filing 97 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC for leave to file Documents Under Seal (Amert, Amanda) |
| Filing 96 SEALED RESPONSE by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC to MOTION by Plaintiff Cheryl Scott to compel #76 (Attachments: #1 Exhibit A, #2 Exhibit H)(Amert, Amanda) |
| Filing 95 RESPONSE by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLCin Opposition to MOTION by Plaintiff Cheryl Scott to compel #76 (Redacted) (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H (Redacted), #9 Exhibit I, #10 Exhibit J)(Amert, Amanda) |
| Filing 94 RESPONSE by Plaintiff Cheryl Scott to other #87 Plaintiff's Response to Defendant's Supplemental Authority (Bloom, James) |
| Filing 93 MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Motion for Leave to File Response to Defendants' Supplemental Authority #91 is granted. Plaintiff shall file the Response to Defendants' Supplemental Authority as a separate docket entry. Defendants are given leave to file a reply limited to 5 pages or less by 10/11/17. The motion hearing noticed for 10/10/17 is stricken with no appearance required. Mailed notice (ber, ) |
| Filing 92 NOTICE of Motion by James A. Bloom for presentment of motion for leave to file #91 before Honorable Jeffrey T. Gilbert on 10/10/2017 at 09:15 AM. (Bloom, James) |
| Filing 91 MOTION by Plaintiff Cheryl Scott for leave to file Response to Defendants' Supplemental Authority (Attachments: #1 Plaintiff's Response to Defendant's Supplemental Authority)(Bloom, James) |
| Filing 90 MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Unopposed Motion for Extension of Time to File Response in Opposition to Plaintiff's Motion to Compel Discovery and to Enlarge Page Limit #88 is granted. Defendants are permitted until 10/9/17 to file their response in opposition to Plaintiff's Motion to Compel Discovery. Defendants are given leave to file a memorandum of law in opposition to Plaintiff's Motion to Compel Discovery of up to 20 pages in length. The motion hearing noticed for 10/3/17 is stricken with no appearance required. Mailed notice (ber, ) |
| Filing 89 NOTICE of Motion by Amanda S Amert for presentment of motion for extension of time to file response/reply #88 before Honorable Jeffrey T. Gilbert on 10/3/2017 at 09:15 AM. (Amert, Amanda) |
| Filing 88 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC for extension of time to file response/reply as to motion to compel #76 and to Enlarge Page Limit (Unopposed) (Amert, Amanda) |
| Filing 87 SUPPLEMENTAL AUTHORITY by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 (Martin, Craig) |
| Filing 86 MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendants' Motion for Leave to Sumbit Supplemental Authority #84 is granted. Defendants are granted leave to file the opinion in Fleming v. Fidelity Management Trust Co., No. 1:16-cv-10918, Dkt. No. 54 (D. Mass. Sept. 22, 2017), as supplemental authority relevant to their motion to dismiss. The motion hearing noticed for 9/28/17 is stricken with no appearance required. Mailed notice (ber, ) |
| Filing 85 NOTICE of Motion by Craig Christopher Martin for presentment of motion for leave to file #84 before Honorable Jeffrey T. Gilbert on 9/28/2017 at 09:15 AM. (Martin, Craig) |
| Filing 84 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC, Hewitt Financial Services, LLC for leave to file SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A)(Martin, Craig) |
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Filing 83
ORDER REASSIGNING Case to the Honorable Jeffrey T. Gilbert, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Sharon Johnson Coleman no longer assigned to the case. Signed by Honorable Sharon Johnson Coleman on 9/19/2017. (sxb, )
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| Filing 82 MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Motion for Leave to File Under Seal #78 is granted. Plaintiff is given leave to file her Memorandum of Law in Support of Her Motion to Compel Discovery under seal. The motion hearing noticed for 9/19/17 is stricken with no appearance required. Mailed notice (ber, ) |
| Filing 81 NOTICE by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC re MOTION by Plaintiff Cheryl Scott to seal #78 - Defendants' Notice of Non-Opposition to Plaintiff's Motion for Leave to File Under Seal, (Amert, Amanda) |
| Filing 80 SEALED MOTION by Plaintiff Cheryl Scott Plaintiff's Memorandum of Law in Support of Her Motion to Compel Discovery (Motion to File under Seal Pending) (Agrawal, Suyash) |
| Filing 79 NOTICE of Motion by Suyash Agrawal for presentment of motion to seal #78 before Honorable Jeffrey T. Gilbert on 9/19/2017 at 09:15 AM. (Agrawal, Suyash) |
| Filing 78 MOTION by Plaintiff Cheryl Scott to seal (Agrawal, Suyash) |
| Filing 77 MEMORANDUM by Cheryl Scott in support of motion to compel #76 (REDACTED) (Attachments: #1 Exhibit A & B)(Agrawal, Suyash) |
| Filing 76 MOTION by Plaintiff Cheryl Scott to compel (Agrawal, Suyash) |
| Filing 75 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 9/6/17 and continued to 10/23/17 at 10:00 a.m. Defendants will respond to Plaintiff's first set of requests for production and first set of interrogatories by 9/21/17. As discussed on the record, Plaintiff will file a motion to compel by 9/13/17. Defendants shall respond by 9/29/17. If Plaintiff wants to file reply, counsel shall notify the Court's courtroom deputy with an agreed date for filing a reply. Out of town counsel may appear by telephone for the next status hearing with advance notice to the Court's courtroom deputy. Mailed notice (ber, ) |
| Filing 74 STATUS Report by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Amert, Amanda) |
| Filing 73 STATUS Report Plaintiff's by Cheryl Scott (Agrawal, Suyash) |
| Filing 72 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Agrawal, Suyash) |
| Filing 71 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 8/15/17 and continued to 9/6/17 at 10:45 a.m. Extensive discussion held on the record concerning the discovery dispute outlined in the parties' Joint Status Report #69 . At the next status hearing, the parties will report on their discussions regarding that discovery dispute, whether it can be resolved constructively in whole or in part, with or without the Court's assistance, and whether the Court needs to set a briefing schedule on Defendants' proposed motion for a protective order. Mailed notice (ber, ) |
| Filing 70 NOTICE by Cheryl Scott re status report #69 Notice of Filing Exhibit A to Status Report (Attachments: #1 Exhibit A)(Agrawal, Suyash) |
| Filing 69 STATUS Report by Cheryl Scott (Bloom, James) |
| Filing 68 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' unopposed motion for leave to file unredacted reply under seal #65 is granted. No appearance necessary on 8/1/2017. Mailed notice (rth, ) |
| Filing 67 NOTICE of Motion by Craig Christopher Martin for presentment of Sealed motion #65 before Honorable Sharon Johnson Coleman on 8/1/2017 at 10:00 AM. (Martin, Craig) |
| Filing 66 REPLY by Defendants Hewitt Associates, LLC, Aon Hewit Financial Advisors, LLC in support of their Motion to dismiss Plaintiff's Class Action Complaint. (Attachments: #1 Exhibit 1)(Martin, Craig) Docket Text Modified by Clerk's Office on 7/24/2017 (jh, ). |
| Filing 65 SEALED MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC Unopposed Motion for Leave to File Unredacted Reply Brief (Attachments: #1 Motion to Dismiss Reply Brief (Unredacted))(Martin, Craig) |
| Filing 64 MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request #62 , the status hearing set for 7/12/17 is stricken and reset to 8/15/17 at 11:00 a.m. On or before 8/7/17, the parties shall file a joint status report that summarizes the status of written discovery, the results of their next meet and confer process, and their proposal(s) for next steps in the discovery process including without limitation a process and schedule for presenting any discovery disputes to the Court for resolution. Mailed notice (ber, ) |
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Filing 63
TRANSCRIPT OF PROCEEDINGS held on 05-18-2017 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Pamela S. Warren https://www.ilnd.uscourts.gov/home/Transcript-Order-Form.aspx. |
| Filing 62 JOINT DISCOVERY REPORT by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC (Amert, Amanda) |
| Filing 61 MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's motion for leave to file under seal #55 is granted. No appearance necessary on 7/6/2017. Mailed notice (rth, ) |
| Filing 60 NOTICE OF NON-OPPOSITION by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC TO PLAINTIFFS MOTION FOR LEAVE TO FILE UNDER SEAL #55 (Amert, Amanda) |
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Filing 59
TRANSCRIPT OF PROCEEDINGS held on 4/14/17 before the Honorable Sharon Johnson Coleman. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. |
| Filing 58 DECLARATION of James A. Bloom regarding response in opposition to motion #57 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bloom, James) |
| Filing 57 RESPONSE by Cheryl Scottin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 Redacted - Response in Opposition (Bloom, James) |
| Filing 56 Notice of Motion to File Under Seal NOTICE of Motion by James A. Bloom for presentment of before Honorable Sharon Johnson Coleman on 7/6/2017 at 08:45 AM. (Bloom, James) |
| Filing 55 SEALED RESPONSE by Cheryl Scott to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 Motion for Leave to File Under Seal (Attachments: #1 Plaintiff's Response in Opposition to Defendant's Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Bloom, James) |
| Filing 54 MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff's unopposed motion for extension of time #52 is granted. On Defendants' motion to dismiss #35 , this Court resets the briefing schedule to the following: Plaintiff shall file her response in opposition or an amended complaint by 6/26/2017; Defendants shall file their reply, if necessary, by 7/24/2017. No appearance necessary on 6/14/2017.Mailed notice (rth, ) |
| Filing 53 NOTICE of Motion by Eli Johnson Kay-oliphant for presentment of motion for extension of time to file response/reply, motion for relief #52 before Honorable Sharon Johnson Coleman on 6/14/2017 at 08:45 AM. (Kay-oliphant, Eli) |
| Filing 52 MOTION by Plaintiff Cheryl Scott for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #35 (Kay-oliphant, Eli) |
| Filing 51 MINUTE entry before the Honorable Jeffrey T. Gilbert: Pursuant to the parties' Stipulation Regarding Proposed Schedule #50 , the Court sets the following dates: Expert reports shall be served by 2/16/18. Rebuttal expert reports shall be served by 3/30/18. Expert discovery shall be completed by 4/27/18. Class certification and summary judgment motions will be filed by 5/25/18. Response briefs will be filed by 6/22/18. Reply briefs will be filed by 7/13/18. Mailed notice (ber, ) |
| Filing 50 STIPULATION Regarding Proposed Schedule (Amert, Amanda) |
| Filing 49 AGREED CONFIDENTIALITY Order. Signed by the Honorable Jeffrey T. Gilbert on 5/22/2017. Mailed notice(ber, ) |
| Filing 48 MINUTE entry before the Honorable Jeffrey T. Gilbert: Initial status hearing held on 5/18/17. Fact discovery shall be completed by 12/31/17. By 5/26/17, the parties will file a joint proposed expert discovery schedule and proposed date for Plaintiff to file a motion for class certification. Status hearing continued to 7/12/17 at 9:30 a.m. The parties will file a joint discovery report along the lines discussed on the record by 7/7/17. Out of town counsel may appear by telephone at the next status hearing with advance notice to the Court's courtroom deputy. Mailed notice (ber, ) |
| Filing 47 DECLARATION of Amanda Amert regarding Motion to Dismiss for Failure to State a Claim #35 (AMENDED) (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)(Amert, Amanda) |
| Filing 46 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' unopposed motion for leave to file amended declaration of Amanda Amert in support of Defendants' motion to dismiss complaint #43 is granted. Defendants' are instructed to file the declaration and exhibits by 5/16/2017. No appearance necessary on 5/17/2017. On Defendants' motion to dismiss #35 , this Court sets the following briefing schedule: Plaintiff shall file her response in opposition or an amended complaint by 6/15/2017; Defendants shall file their reply, if necessary, by 7/13/2017. Once fully briefed, the matter will be taken under advisement.Mailed notice (rth, ) |
| Filing 45 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC (Supplemental) (Amert, Amanda) |
| Filing 44 NOTICE of Motion by Amanda S Amert for presentment of motion for leave to file,, #43 before Honorable Sharon Johnson Coleman on 5/17/2017 at 08:45 AM. (Amert, Amanda) |
| Filing 43 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC for leave to file Amended Declaration of Amanda Amert in Support of Defendants' Motion to Dismiss Complaint (Unopposed) (Attachments: #1 Exhibit A Amended Declaration of Amanda Amert, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14)(Amert, Amanda) |
| Filing 42 MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purposes of discovery supervision and to conduct a settlement conference. Initial status hearing scheduled for 5/18/17 at 10:00. An initial status report is not required. Prior to the status hearing, however, the parties shall familiarize themselves with the subjects referenced in Magistrate Judge Gilbert's Standing Order for Initial Status Report and his Standing Order for Settlement Conference posted on the Court's website at www.ilnd.uscourts.gov/Judges as applicable to referral cases. Mailed notice (ber, ) |
| Filing 41 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision, settlement conference.(rth, )Mailed notice. |
| Filing 40 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 4/14/2017. Defendants' Motion to Dismiss for Failure to State a Claim #35 isentered and continued. Agreed redaction and protective order as set forth in open court due by 4/28/2017. Thereafter, the parties may agree on a briefing schedule for the motion to dismiss and contact the courtroom deputy with the dates. No appearance required on 4/18/2017. Rule 26 disclosures due by 5/12/2017. The case is referred to Magistrate Judge Gilbert for discovery supervision as well as settlement discussions. Magistrate Judge Gilbert to set discovery dates. Plaintiff voluntarily dismisses without prejudice defendant Hewitt Financial Services, LLC. Hewitt Financial Services, LLC terminated.Mailed notice (rth, ) |
| Filing 39 STATUS Report - Joint Initial Status Report by Cheryl Scott (Kay-oliphant, Eli) |
| Filing 38 NOTICE of Motion by Craig Christopher Martin for presentment of Motion to Dismiss for Failure to State a Claim #35 before Honorable Sharon Johnson Coleman on 4/18/2017 at 08:45 AM. (Martin, Craig) |
| Filing 37 DECLARATION of Amanda Amert regarding Motion to Dismiss for Failure to State a Claim #35 (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)(Amert, Amanda) |
| Filing 36 MEMORANDUM by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC in support of Motion to Dismiss for Failure to State a Claim #35 (Martin, Craig) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Martin, Craig) |
| Filing 34 NOTICE of Voluntary Dismissal by Cheryl Scott without Prejudice of Defendant Hewitt Financial Services, LLC (Attachments: #1 Exhibit Tolling Agreement)(Kay-oliphant, Eli) |
| Filing 33 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' unopposed motion to enlarge page limit for memorandum of law in support of defendants' motion to dismiss #31 is granted. Defendants' memorandum in support of their motion to dismiss, which is currently due by 4/7/2017, is not to exceed 25 pages. Plaintiff's opposition to the motion to dismiss is not to exceed 25 pages. No appearance necessary on 3/30/2017. Mailed notice (rth, ) |
| Filing 32 NOTICE of Motion by Amanda S Amert for presentment of motion for miscellaneous relief #31 before Honorable Sharon Johnson Coleman on 3/30/2017 at 08:45 AM. (Amert, Amanda) |
| Filing 31 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC, Hewitt Financial Services, LLC to Enlarge Page Limit for Memorandum of Law in Support of Defendants' Motion to Dismiss (Unopposed) (Amert, Amanda) |
| Filing 30 ATTORNEY Appearance for Plaintiff Cheryl Scott by Eli Johnson Kay-oliphant (Kay-oliphant, Eli) |
| Filing 29 ATTORNEY Appearance for Plaintiff Cheryl Scott by Garrett W. Wotkyns (Wotkyns, Garrett) |
| Filing 28 ATTORNEY Appearance for Plaintiff Cheryl Scott by John J Nestico (Nestico, John) |
| Filing 27 ATTORNEY Appearance for Plaintiff Cheryl Scott by Shanon J. Carson (Carson, Shanon) |
| Filing 26 ATTORNEY Appearance for Plaintiff Cheryl Scott by Kyle G Bates (Bates, Kyle) |
| Filing 25 ATTORNEY Appearance for Plaintiff Cheryl Scott by Todd M. Schneider (Schneider, Todd) |
| Filing 24 ATTORNEY Appearance for Plaintiff Cheryl Scott by James A. Bloom (Bloom, James) |
| Filing 23 ATTORNEY Appearance for Plaintiff Cheryl Scott by Ellen T. Noteware (Attachments: #1 Certificate of Service)(Noteware, Ellen) |
| Filing 22 ATTORNEY Appearance for Plaintiff Cheryl Scott by Todd Collins (Attachments: #1 Certificate of Service)(Collins, Todd) |
| Filing 21 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' unopposed motion for extension of time to answer or otherwise plead #18 is granted. Defendants are to file their responsive pleading by 4/7/2017. No appearance necessary on 2/16/2017. Status hearing set to 4/14/2017 at 9:00 a.m. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 days prior to the status. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. The court encourages the parties to review this court's website for its standing orders prior to contacting chambers. Applications by Kyle G. Bated #7 , Todd M. Schneider #8 , John J. Nestico #9 , Todd Collins #10 , Ellen T. Noteware #11 , Garrett W. Wotkyns #13 , James A. Bloom #14 for leave to appear pro hac vice are granted.Mailed notice (rth, ) |
| Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC, Hewitt Financial Services, LLC (Amert, Amanda) |
| Filing 19 NOTICE of Motion by Amanda S Amert for presentment of motion for extension of time to file answer, #18 before Honorable Sharon Johnson Coleman on 2/16/2017 at 08:45 AM. (Amert, Amanda) |
| Filing 18 MOTION by Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC, Hewitt Financial Services, LLC for extension of time to file answer or Otherwise Plead In Response to Plaintiff's Class Action Complaint (Unopposed) (Amert, Amanda) |
| Filing 17 ATTORNEY Appearance for Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC, Hewitt Financial Services, LLC by Brienne M Letourneau (Letourneau, Brienne) |
| Filing 16 ATTORNEY Appearance for Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC, Hewitt Financial Services, LLC by Amanda S Amert (Amert, Amanda) |
| Filing 15 ATTORNEY Appearance for Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC, Hewitt Financial Services, LLC by Craig Christopher Martin (Martin, Craig) |
| Filing 14 MOTION by Plaintiff Cheryl ScottMOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12814578 (Bloom, James) |
| Filing 13 MOTION by Plaintiff Cheryl ScottMOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12812914 (Wotkyns, Garrett) |
| Filing 12 SUMMONS Returned Executed by Cheryl Scott as to Aon Hewit Financial Advisors, LLC on 1/30/2017, answer due 2/21/2017. (Agrawal, Suyash) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice $50 fee paid Admission Receipt #0752-12809553 (Noteware, Ellen) (Docket Text Modified by Clerk's Office) Modified on 1/31/2017 (pk, ). |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12809507. Todd Collins (Collins, Todd) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12808307. (Nestico, John) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12808241. (Schneider, Todd) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12808115. (Bates, Kyle) |
| Filing 6 SUMMONS Returned Executed by Cheryl Scott as to Hewitt Financial Services, LLC on 1/30/2017, answer due 2/21/2017. (Agrawal, Suyash) |
| Filing 5 SUMMONS Returned Executed by Cheryl Scott as to Hewitt Associates, LLC on 1/30/2017, answer due 2/21/2017. (Agrawal, Suyash) |
| Filing 4 REQUEST for Clerk of Court to refund filing fee in the amount of 400, receipt no. 0752-12799544, (Agrawal, Suyash) |
| SUMMONS Issued as to Defendants Aon Hewit Financial Advisors, LLC, Hewitt Associates, LLC d/b/a Aon Hewitt, Hewitt Financial Services, LLC (pg, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff CHERYL SCOTT by Suyash Agrawal (Agrawal, Suyash) |
| Filing 2 CIVIL Cover Sheet (Agrawal, Suyash) |
| Filing 1 COMPLAINT (Class Action) filed by CHERYL SCOTT; Filing fee $ 400, receipt number 0752-12799747.(Agrawal, Suyash) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (daj, ) |
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