Daly v. West Monroe Partners, Inc. et al
| Matthew Daly |
| West Monroe Partners, Inc., The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., Argent Trust Company and Does 1-30 |
| Nathan A Ulery |
| 1:2021cv06805 |
| December 22, 2021 |
| US District Court for the Northern District of Illinois |
| Sheila M Finnegan |
| Ronald A Guzman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
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Filing 132
MEMORANDUM Opinion and Order: For the reasons stated below, Defendants' joint motion to dismiss #94 is granted in part and denied in part. Plaintiff's claims against the individual Board or Committee members are dismissed without prejudice. Defendants' motion is denied with respect to the remaining claims. Signed by the Honorable Ronald A. Guzman on 3/15/2023. Mailed notice. (kp, )
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Filing 131
MINUTE entry before the Honorable Ronald A. Guzman: Attorney Jacob Simon's motion for leave to appear pro hac vice on behalf of Defendant Argent Trust Company #130 is granted. Mailed notice. (kp, )
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Filing 130
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number BILNDC-20412839. (Simon, Jacob)
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Filing 129
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20396133. (Fernandez, Kristopher)
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Filing 128
MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 2/28/2023 and continued to 5/2/2023 at 9:15 a.m. The parties have responded to written discovery and have no disputes, though they are conferring on search terms and custodians to be used for additional searches for responsive ESI. Any motions to compel written discovery are to be filed by 3/30/2023. Also by that date, Plaintiff is to issue, and the parties are to confer about, the Rule 30(b)(6) topics. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw)
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Filing 127
MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report dated 2/7/2023, indicating that written discovery is ongoing and there are no disputes requiring the Court's attention. Telephone status hearing is set for 2/28/2023 at 9:30 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw)
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Filing 126
STATUS Report Pursuant to December 27, 2022 Order by Matthew Daly (Field, Charles)
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Filing 125
MINUTE entry before the Honorable Ronald A. Guzman: Attorney Sean Ouellette's motion to withdraw as attorney on behalf of Plaintiff Matthew Daly #124 is granted. Mailed notice. (kp, )
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Filing 124
MOTION by Attorney Sean Ouellette to withdraw as attorney for Matthew Daly. No party information provided (Kornblith, Russell)
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Filing 123
NOTICE by Argent Trust Company Notice of Withdrawal of Appearance (Russell, Jeffrey)
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Filing 122
TRANSCRIPT OF PROCEEDINGS held on 7/28/22 before the Honorable Ronald A. Guzman. Order Number: 44163. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, 312-435-6890. 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 1/30/2023. Redacted Transcript Deadline set for 2/9/2023. Release of Transcript Restriction set for 4/10/2023. (Labella, Nancy)
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Filing 121
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 120
MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report dated 12/20/2022, indicating that written discovery is ongoing and there are no disputes requiring the Court's attention. The parties are to file an updated status report by 2/7/2023. Mailed notice (ec)
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Filing 119
STATUS Report Pursuant to November 22, 2022 Order by Matthew Daly (Field, Charles)
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Filing 118
SUR-REPLY by Defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. to motion to dismiss, #94 (Golumbic, Lars)
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Filing 117
ORDER Regarding the Production of Electronically Stored Information ("ESI") signed by the Honorable Sheila M. Finnegan on 11/22/2022. Mailed notice (sxw)
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Filing 116
MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report dated 11/21/2022. The parties are to file an updated report by 12/20/2022 that identifies any unresolved disputes over written discovery. Mailed notice (sxw)
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Filing 115
STATUS Report Pursuant to October 21, 2022 Order by Matthew Daly (Field, Charles)
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Filing 114
Exhibit A to Sur-Reply by Matthew Daly (Field, Charles)
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Filing 113
SUR-REPLY by Plaintiff Matthew Daly to motion to dismiss, #94 (Field, Charles)
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Filing 112
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion for leave to file a sur-reply #111 is granted in part. Plaintiff may file a sur-reply of no more than 7 pages no later than November 21, 2022. Defendants may file a sur-response of no more than 7 pages no later than December 2, 2022. The Court admonishes the parties that motions for additional pages or additional briefing shall be filed before any proposed brief is filed, even as an exhibit, so the Court may set appropriate page limitations, as necessary. Mailed notice. (kp, )
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Filing 111
MOTION by Plaintiff Matthew Daly for leave to file Surreply in Opposition to Motion to Dismiss (Attachments: #1 Exhibit 1. Surreply in Opposition to Motion to Dismiss, #2 Exhibit A. West Monroe Responses to Requests for Admission)(Field, Charles)
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Filing 110
MOTION by Defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. to seal [Joint Motion] (Attachments: #1 Exhibit A, #2 Exhibit B)(Golumbic, Lars)
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Filing 109
REPLY by Defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. to motion to dismiss, #94 In Support of Their Joint Motion to Dismiss (Golumbic, Lars)
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Filing 108
MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report dated 10/19/2022 regarding resolution of provisionally sealed and proposed provisionally sealed documents in the case. By agreement, the document filed at Dkt 105 will be unsealed. The Clerk of Court is directed to unseal that document. As to the other two documents described in the JSR, the West Monroe Defendants and Argent are given until 11/10/2022 to file motions to seal portions of these documents. Based on the JSR, Plaintiff does not plan to oppose these motions. By 11/21/2022, the parties are to file a joint status report regarding discovery progress, including whether they have resolved disputes over responses to written discovery. Mailed notice (sxw)
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Filing 107
STATUS Report Joint Status Report by The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. (Golumbic, Lars)
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Filing 106
STIPULATION and Proposed Order Regarding the Production of Electronically Stored Information (Kornblith, Russell)
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Filing 105
OPPOSITION by Plaintiff Matthew Daly to Motion to Dismiss the Amended Complaint (Field, Charles) Modified on 10/24/2022 (jg, ).
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Filing 104
MOTION by Plaintiff Matthew Daly to seal Unredacted Opposition to Defendants' Joint Motion to Dismiss (Field, Charles)
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Filing 103
RESPONSE by Matthew Dalyin Opposition to MOTION by Defendants Argent Trust Company, Does 1-30, The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. to dismiss Joint Motion to Dismiss #94 (Field, Charles)
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Filing 102
AGREED CONFIDENTIALITY Order signed by the Honorable Sheila M. Finnegan on 9/23/2022. Mailed notice (sxw)
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Filing 101
MINUTE entry before the Honorable Sheila M. Finnegan: Joint Motion for Entry of Agreed Confidentiality Order #98 is granted. Mailed notice (sxw)
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Filing 100
MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report dated 9/22/2022. The parties are given until 10/19/2022 to (1) submit a joint proposed ESI Protocol or, to the extent necessary, competing proposed ESI Protocols; and (2) submit a joint report regarding the resolution of the provisionally sealed and proposed provisionally sealed documents in this case. Mailed notice (sxw)
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Filing 99
STATUS Report Joint Status Report Pursuant to August 11, 2022 Order by Matthew Daly (Kornblith, Russell)
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Filing 98
MOTION by Defendant West Monroe Partners, Inc.Motion for Entry of Agreed Confidentiality Order (Attachments: #1 Exhibit A - Agreed Confidentiality Order, #2 Exhibit B - Redline Comparison Model Confidentiality and Agreed Confidentiality)(Golumbic, Lars)
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Filing 97
SEALED EXHIBIT by Defendant Argent Trust Company regarding memorandum in support of motion #95 (Fernandez, Kristopher)
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Filing 96
MOTION by Defendant Argent Trust Company to seal document Defendants' Joint Motion to File Document Under Seal (Fernandez, Kristopher)
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Filing 95
MEMORANDUM by Argent Trust Company in support of motion to dismiss, #94 (Fernandez, Kristopher)
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Filing 94
MOTION by Defendants Argent Trust Company, Does 1-30, The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. to dismiss Joint Motion to Dismiss (Fernandez, Kristopher)
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Filing 93
JOINT FILING by Defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. regarding their motion for leave to file excess pages (Golumbic, Lars) (Docket Text Modified by Clerk's Office on 9/8/2022) (kp, ).
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Filing 92
MINUTE entry before the Honorable Ronald A. Guzman: Defendants' joint motion for an extension of time to respond to the amended complaint and for leave to file excess pages #91 is granted in part and entered and continued in part. The motion for an extension of time is granted. Defendants' motion to dismiss the amended complaint is due September 16, 2022, Plaintiff's response is due October 14, 2022, and any reply is due October 31, 2022. Ruling to be made via electronic notification. Regarding the request for leave to file a 30-page motion to dismiss, the Court notes that it values concision and economy in the briefs filed before it. Further, a motion to dismiss should not contain a lengthy recitation of the facts. With these points in mind, Defendants shall file by September 7, 2022 a brief statement (no more than 2 pages) indicating whether they still believe they need more than 25 pages for their motion to dismiss, and if so, the specific reasons therefor. Mailed notice. (kp, )
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Filing 91
MOTION by Defendant Argent Trust Company for leave to file excess pages [Joint Motion for Leave to File Excess Pages], MOTION by Defendant Argent Trust Company for extension of time [Joint Motion for Extension of Time] (Fernandez, Kristopher)
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Filing 90
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion to provisionally seal the amended complaint #89 is before the Court. The case has been referred to the magistrate judge for discovery supervision. Accordingly, Plaintiff's motion to provisionally seal the amended complaint #89 is granted with the understanding that the issue of a permanent seal will be addressed with the magistrate judge at the time the parties move for a protective order. The Court reminds the parties that "[i]n the Seventh Circuit, documents that are placed in the court record 'that influence or underpin the judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality.'" Wachala v. Astellas US LLC, No. 20 C 3882, 2022 WL 408108, at *2 (N.D. Ill. Feb. 10, 2022) (citing Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544, 545 (7th Cir. 2002)). Mailed notice. (kp, )
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Filing 89
MOTION by Plaintiff Matthew Daly to seal document sealed document #88 (Field, Charles)
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Filing 88
SEALED DOCUMENT by Plaintiff Matthew Daly (Field, Charles)
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Filing 87
AMENDED complaint by Matthew Daly against All Defendants (Field, Charles)
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Filing 86
MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 8/11/2022. Plaintiff reports that he recently issued written discovery, and will be filing an amended complaint by 8/19/2022 that will moot the pending motion to dismiss. By 9/22/2022, parties are to file a joint status report. Should the parties choose to engage in a settlement conference, they are to contact the courtroom deputy for scheduling. Mailed notice (sxw, )
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Filing 85
MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred for discovery supervision. Magistrate Judge telephone status is set on 8/11/2022 at 10:00 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw)
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Filing 84
MINUTE entry before the Honorable Ronald A. Guzman: Attorneys Jeffrey Russell and Robert Milton's motion to appear pro hac vice on behalf of defendant Argent Trust Company #81 , #82 is granted. Mailed notice. (kp, )
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Filing 83
ATTORNEY Appearance for Defendant Argent Trust Company by Kristopher Fernandez (Fernandez, Kristopher)
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Filing 82
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19707701. (Lewis, Robert)
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Filing 81
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19707669. (Russell, Jeffrey)
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Filing 80
MINUTE entry before the Honorable Ronald A. Guzman: Attorney James Hannaway's motion to appear pro hac vice on behalf of Plaintiff Matthew Daly #75 is granted. Mailed notice. (kp, )
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Filing 79
MEMORANDUM by Argent Trust Company, Does 1-30, The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. in support of Motion to Dismiss for Failure to State a Claim, #78 (Golumbic, Lars)
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Filing 78
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Argent Trust Company, Does 1-30, The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. (Golumbic, Lars)
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Filing 75
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19694061. (Hannaway, James)
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Filing 77
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: Discovery supervision and all discovery disputes without authority to extend the discovery cutoff date. Mailed notice. (kp, )
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Filing 76
MINUTE entry before the Honorable Ronald A. Guzman: Telephonic status hearing held on 7/28/2022. The Court adopts the jointly proposed discovery schedule as follows: Initial disclosures shall be exchanged by 8/11/2022. Amendment of pleadings to be made no later than 2/7/2023. Motion for class certification shall be completed by 4/7/2023. All fact discovery shall be completed by 7/7/2023. Responses by 5/7/2023 and replies by 5/21/2023. The end of fact discovery will be 7/7/2023. Initial expert disclosures 8/7/2023. Rebuttal expert disclosures 9/12/2023 and the end of expert discovery 10/12/2023. The parties are admonished that the Court considers this a very ample schedule and is not likely to approve any extensions. A joint status report shall be filed one week prior to the next status hearing. All discovery issues and discovery supervision, without authority to extend the discovery cutoff dates, are referred to the Magistrate Judge. Mailed notice. (kp, )
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Filing 74
MINUTE entry before the Honorable Ronald A. Guzman: The in-person status hearing set for 7/28/2022 at 11:00 a.m. has been changed to a telephonic status hearing instead. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (kp, )
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Filing 73
STATUS Report Joint Report Pursuant to Rule 26(f) by Matthew Daly (Field, Charles)
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Filing 72
MINUTE entry before the Honorable Ronald A. Guzman: Attorney Elizabeth L. Woods's motion to appear pro hac vice on behalf of defendants West Monroe Partners, Inc., The Benefits Committee of West Monroe Partners, Inc. and The Board of Directors of West Monroe Partners, Inc. #71 is granted. Mailed notice. (kp, )
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Filing 71
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19679378. (Woods, Elizabeth)
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Filing 70
MINUTE entry before the Honorable Ronald A. Guzman: Defendant Argent Trust Company's motion to withdraw as attorneys Samantha Ann Saddler, Jeffrey Andrew Soble, Gregory Jacob, Deanna Marie Rice and John R Landis #67 , #69 is granted. Defendant Argent Trust Company's unopposed motion for leave to file a brief in excess of fifteen pages #68 is granted. Mailed notice. (kp, )
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Filing 69
MOTION by Attorney Gregory Jacob and Deanna M. Rice to withdraw as attorney for Argent Trust Company. No party information provided (Jacob, Gregory)
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Filing 68
MOTION by Defendant Argent Trust Company for leave to file excess pages (Vincent, Brenton)
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Filing 67
MOTION by Attorney Jeffrey A. Soble, John R. Landis, and Samantha A. Saddler to withdraw as attorney for Argent Trust Company. No party information provided (Soble, Jeffrey)
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Filing 66
ATTORNEY Appearance for Defendant Argent Trust Company by Brenton Warren Vincent (Vincent, Brenton)
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Filing 65
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion to modify the schedule set in the Court's 6/15/22 memorandum opinion and order #64 is granted. The 7/8/22 date for filing a consolidated amended complaint is stricken; the rest of the Court's 6/15/22 order stands. Mailed notice. (kp, )
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Filing 64
MOTION by Plaintiff Matthew Daly for order Modifying Schedule (Field, Charles)
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Filing 63
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff Nathan Ulery having filed a notice of voluntary dismissal, case number 22 C 781 is dismissed and the matter is terminated. Mailed notice. (kp, )
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Filing 62
NOTICE of Voluntary Dismissal by Nathan A Ulery (Muench, Patrick)
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Filing 61
MEMORANDUM Opinion and Order: The Court grants Daly's motion for appointment of interim counsel #12 and appoints Sanford Heisler Sharp, LLP as interim class counsel and Matthew Singer as local counsel. The Court denies Ulery's motion to appoint interim class counsel #50 . Interim class counsel shall file a consolidated amended complaint by July 8, 2022. Defendants shall answer or otherwise plead to the consolidated amended complaint by July 29, 2022. In the event Defendants move to dismiss the consolidated amended complaint, they shall make every effort possible to file a consolidated motion. If Defendants require additional pages, they shall seek leave of Court to file an enlarged brief well ahead of the responsive-pleading deadline. The Court directs the parties to confer, no later than July 11, 2022, to discuss the nature and bases of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. The parties shall also discuss deadlines for Rule 26(a)(1) disclosures and a proposed discovery plan. A written initial status report and proposed discovery plan shall be filed no later than July 25, 2022. Plaintiff Daly is responsible for initiating such a meeting, and all lead counsel for all parties are required to participate. Failure or refusal to participate in such a meeting or to cooperate in the preparation of the written report may constitute a basis for sanctions. In-person status hearing set for July 28, 2022 at 11:00 a.m. Signed by the Honorable Ronald A. Guzman on 6/15/2022. Mailed notice. (kp, )
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Filing 60
SUR-REPLY by Plaintiff Matthew Daly to response in opposition to motion,, #50 Ulery's Motion to Appoint Interim Class Counsel (Attachments: #1 Exhibit M)(Field, Charles)
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Filing 59
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff Daly'smotion for leave to file sur-reply in opposition to Plaintiff Ulery's motion to appoint interim class counsel #58 is granted. Mailed notice. (kp, )
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Filing 58
MOTION by Plaintiff Matthew Daly for leave to file Sur-Reply in Opposition to Ulery's Motion for Interim Class Counsel (Attachments: #1 Exhibit Sur-reply in Opposition to Ulery's Motion for Interim Class Counsel, #2 Exhibit Declaration of Charles Field)(Field, Charles)
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Filing 57
REPLY by Intervenor Plaintiff Nathan A Ulery to response in opposition to motion,, #50 Plaintiff Ulery's Reply Memorandum of Law in Support of Motion for Appointment of Interim Class Counsel (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O)(Muench, Patrick)
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Filing 56
MINUTE entry before the Honorable Ronald A. Guzman: Attorney Daniel J. Broderick, Jr.'s motion to withdraw as attorney on behalf of defendants West Monroe Partners, Inc., The Benefits Committee of West Monroe Partners, Inc.v and The Board of Directors of West Monroe Partners, Inc. #55 is granted. Mailed notice. (kp, )
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Filing 55
MOTION by Attorney Daniel J. Broderick to withdraw as attorney for The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc.. No party information provided (Youngblood, Brendan)
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Filing 54
REPLY by Matthew Daly to response in opposition to motion,, #50 to appoint interim class counsel (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L)(Field, Charles)
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Filing 53
MINUTE entry before the Honorable Ronald A. Guzman: Attorney Kevin Sharp's motion to appear pro hac vice on behalf of Plaintiff Matthew Daly #52 is granted. Mailed notice. (kp, )
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Filing 52
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19506314. (Attachments: #1 Supplement)(Sharp, Kevin)
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Filing 51
EXHIBIT by Intervenor Plaintiff Nathan A Ulery Corrected Exhibit B - Declaration of Nathan Ulery regarding response in opposition to motion,, #50 (Muench, Patrick)
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Filing 50
RESPONSE by Nathan A Uleryin Opposition to MOTION by Plaintiff Matthew Daly for order Appointing Interim Class Counsel #12 and Plaintiff Ulery's Memorandum of Law in Support of Motion for Appointment of Interim Class Counsel (Attachments: #1 Exhibit A - Declaration of Gregory Y. Porter, #2 Exhibit B - Declaration of Nathan A. Ulery, #3 Exhibit C - Declaration of Robert A. Izard, #4 Exhibit D - Declaration of Daniel P. Williams, #5 Exhibit E - Declaration of David Wiggs, #6 Exhibit F - Declaration of David Johnson)(Muench, Patrick)
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Filing 49
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff Ulery's motion to consolidate pursuant to Federal Rule of Civil Procedure 42(a) (No. 22 C 781, Dkt. # 19) is granted in part. Due to the potential conflict of interest between the named plaintiffs, the Court consolidates Daly v. West Monroe Partners, Inc., et al. (No. 21 C 6805) and Ulery v. West Monroe Partners, Inc., et al. (No. 22 C 781) for pretrial purposes only at this time. Ulery may renew his motion for full consolidation after discovery is completed. After the Court appoints interim class counsel, the Court will order appointed interim counsel to file a consolidated amended complaint and a proposed discovery schedule. Plaintiff Daly has filed a motion for appointment of interim class counsel. Any response/cross-motion for appointment is due no later than May 16, 2022. Any reply shall be filed no later than May 27, 2022. Ruling to be made electronically. Mailed notice. (kp, )
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Filing 48
RESPONSE by Plaintiff Matthew Daly (Field, Charles)
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Filing 47
RESPONSE by Defendants Argent Trust Company, The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. to set deadlines,,,,,, #44 Defendants' Response to April 14, 2022 Order. (Golumbic, Lars)
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Filing 46
MINUTE entry before the Honorable Ronald A. Guzman: Defendants' motion for an extension of time to file their responsive pleadings #45 is granted in part. The date for the filing of Defendants' responsive pleadings is stayed pending the Court's ruling on Plaintiff's Ulery's motion to consolidate. The Court will set a date for responsive pleadings to be filed when it rules on the motion to consolidate. Mailed notice. (kp, )
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Filing 45
MOTION by Defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc. for extension of time to file responsive pleading. (Golumbic, Lars)
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Filing 44
MINUTE entry before the Honorable Ronald A. Guzman: Before the Court is Plaintiff Ulery's Motion to Consolidate Cases (No. 22 C 781, Dkt. # 19). While Defendants do not object to consolidation, Plaintiff Daly states that he objects to full consolidation due to Plaintiff Ulery's "unique" position as a former high-ranking executive and former board member at West Monroe Partners, Inc., who may have had access to information relevant to the claims alleged in these two actions and also may have participated in fiduciary decisions at issue. Plaintiff Daly does not oppose the filing of an amended complaint covering all claims as to both named plaintiffs, nor does he object to consolidated discovery. Plaintiff Daly contends, however, that Plaintiff Ulery's "apparent" conflict of interest and atypicality make him unlikely to act as an appropriate class representative and could create confusion at a joint trial. Neither Plaintiff Ulery nor Plaintiff Daly made the Court aware of the possibility of a significant conflict of interest when the motion to reassign was presented to the Court. No later than April 21, 2022, Plaintiff Daly is directed to file a statement indicating why he has not, therefore, waived any objection to full consolidation of the cases. By the same date, Defendants are directed to file a statement summarizing their anticipated motion practice in this case, both in the event of full consolidation or partial consolidation for purposes of discovery. Mailed notice. (kp, )
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Filing 43
RESPONSE by Plaintiff Matthew Daly (Field, Charles)
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Filing 42
MINUTE entry before the Honorable Ronald A. Guzman: Before the Court is Plaintiff Ulery's motion to consolidate (No. 22 C 781, Dkt. # 19). Defendants do not object to full consolidation of Daly v. West Monroe (21 C 6805) and Ulery v. West Monroe (22 C 781). Plaintiff Daly contends consolidation for pretrial purposes only is appropriate. No later than April 8, 2022, Plaintiff Daly is directed to file a brief statement providing specific reasons supporting his objection to full consolidation, including reasons why one amended complaint covering all claims as to both named plaintiffs is unworkable. Mailed notice. (kp, )
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Filing 41
MINUTE entry before the Honorable Ronald A. Guzman: The Daly Defendants' motion for an extension of time to answer or otherwise plead #40 is granted. The Daly Defendants' responsive pleadings are due no later than April 19, 2022, unless directed otherwise. Mailed notice. (kp, )
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Filing 40
MOTION by Defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. for extension of time to file answer regarding complaint #1 or to Otherwise Respond [Unopposed & Joint with Defendant Argent Trust] (Golumbic, Lars)
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Filing 39
NOTICE of Correction #38 . (kp, )
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Filing 38
ENTERED IN ERROR. (kp, ) Modified on 3/3/2022 (kp, ).
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Filing 37
ORDER. Signed by the Honorable Ronald A. Guzman on 3/2/2022. Mailed notice. (kp, )
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Filing 36
ATTORNEY Appearance for Defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. by Brendan R. Youngblood (Youngblood, Brendan)
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Filing 35
ATTORNEY Appearance for Defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc., West Monroe Partners, Inc. by Daniel J. Broderick, Jr (Broderick, Daniel)
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Filing 34
MINUTE entry before the Honorable Ronald A. Guzman: Any objection to Intervenor-Plaintiff Nathan A. Ulery's motion to reassign case #33 shall be filed no later than February 24, 2022. Mailed notice. (kp, )
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Filing 33
MOTION by Intervenor Plaintiff Nathan A Ulery to reassign case (Attachments: #1 Exhibit A - Complaint in Nathan A. Ulery v. West Monroe Partners, Inc., et al.)(Muench, Patrick)
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Filing 32
ATTORNEY Appearance for Intervenor Plaintiff Nathan A Ulery by Patrick Owen Muench (Muench, Patrick)
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Filing 31
MINUTE entry before the Honorable Ronald A. Guzman: The Court clarifies its order located at docket #30 ; the deadline for the filing of responsive pleadings is extended to March 15, 2022 for all defendants. Mailed notice. (kp, )
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Filing 30
MINUTE entry before the Honorable Ronald A. Guzman: Defendant Argent Trust Company's motion for an extension of time to file its responsive pleading #29 is granted. Argent Trust Company has until March 15, 2022 to answer or otherwise plead. A new date will be set, if necessary, based on the results of anticipated motion practice before the Court. Mailed notice. (kp, )
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Filing 29
MOTION by Defendant Argent Trust Company for extension of time to file Responsive Pleading (Unopposed) (Jacob, Gregory)
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Filing 28
MINUTE entry before the Honorable Ronald A. Guzman: Attorneys Gregory Jacob and Deanna Marie Rice's motion to appear pro hac vice #23 , #24 on behalf of defendant Argent Trust Company is granted. Mailed notice. (kp, )
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Filing 27
MINUTE entry before the Honorable Ronald A. Guzman: Attorneys Meredith Foster Kimelblatt and Samuel Isaac Levin's motion to appear pro hac vice #18 , #21 on behalf of defendants The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc. and West Monroe Partners, Inc. is granted. Mailed notice. (kp, )
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Filing 26
MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff filed a motion for appointment of interim class counsel #12 . Counsel in a related case has filed a response and indicates it will seek reassignment of the related case to this Court. Plaintiff's motion to appoint class counsel is held in abeyance pending a motion for reassignment. Mailed notice. (kp, )
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Filing 25
RESPONSE by Nathan A Uleryin Opposition to MOTION by Plaintiff Matthew Daly for order Appointing Interim Class Counsel #12 Counsel in Related Case's Position Statement Opposing Plaintiff's Motion for Appointment of Interim Counsel (Muench, Patrick)
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Filing 24
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19154450. (RICE, DEANNA)
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Filing 23
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19154367. (Jacob, Gregory)
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Filing 22
ATTORNEY Appearance for Defendant Argent Trust Company by Samantha Ann Saddler (Saddler, Samantha)
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Filing 21
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19154022. (Levin, Samuel)
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Filing 20
ATTORNEY Appearance for Defendant Argent Trust Company by Jeffrey Andrew Soble (Soble, Jeffrey)
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Filing 19
ATTORNEY Appearance for Defendant Argent Trust Company by John R Landis (Landis, John)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19153962. (Kimelblatt, Meredith)
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Filing 17
MINUTE entry before the Honorable Ronald A. Guzman: Attorney David Sanford's motion to appear pro hac vice on behalf of Plaintiff Matthew Daly #16 is granted. Mailed notice. (kp, )
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Filing 16
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19148335. (Attachments: #1 Appendix Appendix A - Bar Admissions, #2 Supplement Letter from David Sanford)(Sanford, David)
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Filing 15
MINUTE entry before the Honorable Ronald A. Guzman: Attorney Lars C. Golumbic's motion to appear pro hac vice on behalf of defendants' The Benefits Committee of West Monroe Partners, Inc., The Board of Directors of West Monroe Partners, Inc. and West Monroe Partners, Inc. #14 is granted. Mailed notice. (kp, )
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Filing 14
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19147901. (Golumbic, Lars)
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Filing 13
MEMORANDUM by Matthew Daly in support of motion for order #12 Appointing Interim Class Counsel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Field, Charles) Modified on 2/10/2022 (rc, ). (Docket Text Modified by Clerks Office.)
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Filing 12
MOTION by Plaintiff Matthew Daly for order Appointing Interim Class Counsel (Field, Charles)
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Filing 11
WAIVER OF SERVICE returned executed by Matthew Daly. The Benefits Committee of West Monroe Partners, Inc. waiver sent on 12/23/2021, answer due 2/21/2022. (Ouellette, Sean)
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Filing 10
WAIVER OF SERVICE returned executed by Matthew Daly. The Board of Directors of West Monroe Partners, Inc. waiver sent on 12/23/2021, answer due 2/21/2022. (Ouellette, Sean)
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Filing 9
WAIVER OF SERVICE returned executed by Matthew Daly. West Monroe Partners, Inc. waiver sent on 12/23/2021, answer due 2/21/2022. (Ouellette, Sean)
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Filing 8
MINUTE entry before the Honorable Ronald A. Guzman: Attorneys Charles Henry Field, Jr., Russell Kornblith and Sean Ouellette's motion to appear pro hac vice on behalf of Plaintiff Matthew Daly #4 , #5 , #6 is granted. Mailed notice. (kp, )
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Filing 7
WAIVER OF SERVICE returned executed by Matthew Daly. Argent Trust Company waiver sent on 12/23/2021, answer due 2/21/2022. (Singer, Matthew)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18995917. (Attachments: #1 Supplement)(Kornblith, Russell)
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Filing 5
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18994315. (Ouellette, Sean)
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Filing 4
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18992948. (Field, Charles)
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Filing 3
ATTORNEY Appearance for Plaintiff Matthew Daly by Matthew Jason Singer (Singer, Matthew)
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Filing 2
CIVIL Cover Sheet (Singer, Matthew)
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Filing 1
COMPLAINT filed by Matthew Daly; Filing fee $ 402, receipt number 0752-18991857.(Singer, Matthew)
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cm, )
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CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (cm, )
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