Luckett v. Wintrust Financial Corp. et al
| Lynetta Luckett |
| Wintrust Financial Corporation, The Board of Trustees of Wintrust Financial Corp., The Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, Does 1 - 20, Wintrust Financial Corp., Board of Trustees of Wintrust Financial Corp., The, Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The and Board of Directors of Wintrust Financial Corp., The |
| Chamber of Commerce of the United States of America, American Benefits Council, ERISA Industry Committee, American Retirement Association and Committee on Investment of Employee Benefit Assets, Inc. |
| 1:2022cv03968 |
| July 29, 2022 |
| US District Court for the Northern District of Illinois |
| Charles R Norgle |
| Mary M Rowland |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1104 Recovery of Benefits to Employee |
| None |
Docket Report
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This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.
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Filing 71
MEMORANDUM Opinion and Order: The Court grants Defendants' motion to dismiss #34 . Amicus parties' motion for leave to file amicus briefs [42, 48] are granted. Plaintiff has until August 2, 2023 to amend, otherwise this case will be dismissed with prejudice and terminated. Discovery remains stayed. Signed by the Honorable Mary M. Rowland on 7/14/2023. (See attached Order for further detail.) Mailed notice. (dm, )
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Filing 70
NOTICE by Wintrust Financial Corp. re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. #34 (Attachments: #1 Exhibit A - Anderson v. Advance Publications)(Golumbic, Lars)
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Filing 69
NOTICE by Wintrust Financial Corp. re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. #34 of Supplemental Authority (Attachments: #1 Exhibit A, Beldock v. Microsoft Corp.)(Golumbic, Lars)
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Filing 68
AGREED CONFIDENTIALITY ORDER Signed by the Honorable Mary M. Rowland on 4/5/2023. Mailed notice. (dm, )
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Filing 67
MINUTE entry before the Honorable Mary M. Rowland: Joint motion for protective order #66 is granted. Enter AGREED CONFIDENTIALITY ORDER. Mailed notice. (dm, )
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Filing 66
MOTION by Defendant Wintrust Financial Corp. for protective order [Joint] (Attachments: #1 Exhibit A - Clean Version of Agreed Confidentiality Order, #2 Exhibit B - Redline Version of Agreed Confidentiality Order)(Golumbic, Lars)
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Filing 65
NOTICE by Wintrust Financial Corp. re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. #34 of Supplemental Authority (Attachments: #1 Exhibit A, Tullgren Opinion, #2 Exhibit B, Hall Opinion)(Golumbic, Lars)
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Filing 64
Notice of Supplemental Authority by Wintrust Financial Corp. (Attachments: #1 Exhibit 1, Beldock v. Microsoft Corp.)(Golumbic, Lars)
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Filing 63
MINUTE entry before the Honorable Mary M. Rowland: Motion to withdraw as counsel #62 is granted. Nathaniel W. Ingraham is granted leave to withdraw his appearance on behalf of Defendants. Attorney Nathaniel W. Ingraham terminated. Mailed notice. (dm, )
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Filing 62
MOTION by Attorney Nathaniel W. Ingraham to withdraw as attorney for Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Board of Trustees of Wintrust Financial Corp., The, Does 1 - 20, Wintrust Financial Corp.. No party information provided (Ingraham, Nathaniel)
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Filing 61
MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the Joint Stipulation, the case against Defendants the Board of Directors of Wintrust Financial Corp. (the "Board"), and the Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan (the "Committee"), are dismissed without prejudice and costs to any party, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Wintrust Financial Corp. remains a defendant in this case. Mailed notice. (dm, )
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Filing 60
STIPULATION (JOINT) (Miller, James)
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Filing 59
REPLY by Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. #34 (Attachments: #1 Declaration of Lars C. Golumbic, #2 Exhibit 11 - Hall & Tullgren MTD Hearing Transcript)(Golumbic, Lars)
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Filing 58
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 57
RESPONSE by Lynetta Luckettin Opposition to MOTION by Amicus Parties American Benefits Council, American Retirement Association, Committee on Investment of Employee Benefit Assets, Inc., ERISA Industry Committee for leave to file AN AMICUS BRIEF #42 , MOTION by Amicus Chamber of Commerce of the United States of America for leave to file / Motion for the Chamber of Commerce of the United States of America for Leave to Participate as Amicus Curiae #48 (Attachments: #1 Exhibit A)(Miller, James)
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Filing 56
MEMORANDUM by Lynetta Luckett in Opposition to Motion to Dismiss for Failure to State a Claim,,,, #34 (Miller, James)
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Filing 55
MINUTE entry before the Honorable Mary M. Rowland: Unopposed Motion for Leave to File Brief in Excess of Fifteen Pages #54 is granted. Plaintiff may file a brief in support of her opposition to Defendants' motion to dismiss of up to 25 pages. Mailed notice (gel, )
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Filing 54
MOTION by Plaintiff Lynetta Luckett for leave to file excess pages (Plaintiff's Unopposed Motion for Leave to File Brief in Excess of Fifteen Pages) (Miller, James)
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Filing 53
MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the initial joint status report. Pursuant to the agreement between the parties, the court stays discovery except as outlined in the joint status report. Dkt. 52 at 5-6. In addition, Rule 26(a)(1) disclosures are due by March 7, 2023. The court will set further dates following ruling on the pending motions. Mailed notice. (dm, )
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Filing 52
STATUS Report (Joint) by Lynetta Luckett (Miller, James)
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Filing 51
MINUTE entry before the Honorable Mary M. Rowland: Telephonic motion hearing held. Counsel for Plaintiff, defendants and Amicus parties appeared telephonically. The court heard argument on Amicus parties' motions for leave to file amicus brief [42, 48]. Plaintiff is permitted to file a response limited to 10 pages by 12/7/22. No reply is necessary. The court will rule by mail. Mailed notice. (dm, )
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Filing 50
MINUTE entry before the Honorable Mary M. Rowland: Several parties have requested leave to file an amicus brief in support of the pending motion to dismiss. The Chamber of Commerce of the United States of America and several benefits entities: American Benefits Council, American Retirement Association, Committee on Investment of Employee benefit Assets, Inc., ERISA Industry Committee. [42, 48]. The court will hear from Plaintiff on the matter on 11/23/22 at 10:15am. Counsel should call 866-434-5269; access code 3751971. There is no need to file any more briefing. Mailed notice. (dm, )
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Filing 49
MINUTE entry before the Honorable Mary M. Rowland: Motions to appear pro hac vice by Jaime A. Santos #38 , Russell L. Hirschhorn #44 , John E. Roberts #45 , Adam L. Deming #46 , and Myron D. Rumeld #47 are granted. Counsel are reminded to become familiar with this court's local rules (including the rules requiring local counsel and describing this court's trial bar). Mailed notice. (dm, )
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Filing 48
MOTION by Amicus Chamber of Commerce of the United States of America for leave to file / Motion for the Chamber of Commerce of the United States of America for Leave to Participate as Amicus Curiae (Attachments: #1 Exhibit A - Amicus Brief)(Beach, Jennifer)
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Filing 47
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20048457. (Rumeld, Myron)
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Filing 46
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20048427. (Deming, Adam)
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Filing 45
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20048239. (Roberts, John)
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Filing 44
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20048223. (Hirschhorn, Russell)
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Filing 43
MEMORANDUM by American Benefits Council, American Retirement Association, Committee on Investment of Employee Benefit Assets, Inc., ERISA Industry Committee IN SUPPORT OF MOTION FOR LEAVE TO FILE AMICUS BRIEF (Telman, Nigel)
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Filing 42
MOTION by Amicus Parties American Benefits Council, American Retirement Association, Committee on Investment of Employee Benefit Assets, Inc., ERISA Industry Committee for leave to file AN AMICUS BRIEF (Telman, Nigel)
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Filing 41
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by American Benefits Council, American Retirement Association, Committee on Investment of Employee Benefit Assets, Inc., ERISA Industry Committee (Telman, Nigel)
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Filing 40
ATTORNEY Appearance for Amicus Parties American Benefits Council, ERISA Industry Committee, American Retirement Association, Committee on Investment of Employee Benefit Assets, Inc. by Nigel F. Telman (Telman, Nigel)
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Filing 39
ATTORNEY Appearance for Amicus Chamber of Commerce of the United States of America by Jennifer Thompson Beach (Beach, Jennifer)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20046134. (Santos, Jaime)
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Filing 37
MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's response to Defendants' motion to dismiss #34 is due 12/7/22. Defendants' reply is due 1/6/23. The court will rule by mail. Mailed notice. (dm, )
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Filing 36
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. (Golumbic, Lars)
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Filing 35
MEMORANDUM by Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. in support of Motion to Dismiss for Failure to State a Claim,,,, #34 (Golumbic, Lars)
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Filing 34
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. (Attachments: #1 Declaration of Lars C. Golumbic, #2 Ex. 1 - Wintrust Financial Corp. Retirement Savings Plan - 2021 PY 5500 - Excerpts, #3 Ex. 2 - Wintrust Financial Corp. Retirement Savings Plan - 2020 PY 5500 - Excerpts, #4 Ex. 3 - Wintrust Financial Corp. Retirement Savings Plan - 2019 PY 5500 - Excerpts, #5 Ex. 4 - Wintrust Financial Corp. Retirement Savings Plan - 2018 PY 5500 - Excerpts, #6 Ex. 5 - Wintrust Financial Corp. Retirement Savings Plan - 2017 PY 5500 - Excerpts, #7 Ex. 6 - Wintrust Financial Corp. Retirement Savings Plan - 2016 PY 5500 - Excerpts, #8 Ex. 7 - July 31, 2022 Plan Participant Disclosure, #9 Ex. 8 - 2022 Annual Target-Date Strategy Landscape, #10 Ex. 9 - 2021 Annual Target-Date Strategy Landscape, #11 Ex. 10 - Wintrust Performance Comparison Charts)(Golumbic, Lars)
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Filing 33
ATTORNEY Appearance for Defendant Board of Directors of Wintrust Financial Corp., The by Nathaniel W. Ingraham (Ingraham, Nathaniel)
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Filing 32
ATTORNEY Appearance for Defendant Board of Directors of Wintrust Financial Corp., The by Sean C. Abouchedid (Abouchedid, Sean)
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Filing 31
MINUTE entry before the Honorable Mary M. Rowland: Defendants' unopposed motion for leave to file a brief in excess of fifteen pages #30 is granted. Defendants are permitted to file brief in support of their motion to dismiss of up to twenty-five (25) pages, excluding the cover page, table of contents, table of authorities, and signature block. Mailed notice. (dm, )
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Filing 30
MOTION by Defendants Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Directors of Wintrust Financial Corp., The, Wintrust Financial Corp. for leave to file excess pages [Unopposed] (Golumbic, Lars)
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Filing 29
ATTORNEY Appearance for Defendant Board of Directors of Wintrust Financial Corp., The by Lars C. Golumbic (Golumbic, Lars)
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Filing 28
MINUTE entry before the Honorable Mary M. Rowland: Defendants' response to the amended complaint remains due on 11/8/22. #25 Mailed notice. (dm, )
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Filing 27
MINUTE entry before the Honorable Mary M. Rowland: This case has been reassigned to Judge Rowland. On or before 11/29/22, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. Mailed notice. (dm, )
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Filing 26
EXECUTIVE COMMITTEE ORDER: The Honorable Charles R. Norgle, Sr. has retired from regular active service as a United States District Judge effective October 4, 2022. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any case that was assigned to the Honorable Charles R. Norgle, Sr. and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable Charles R. Norgle, Sr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/06/2022.(td, )
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Filing 25
MINUTE entry before the Honorable Charles R. Norgle: Defendants' response to the amended complaint is due by 11/8/2022. Mailed notice (smm, )
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Filing 24
MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #21 is granted. Attorney James E. Miller for Lynetta Luckett added. Mailed notice (smm, )
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Filing 23
MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #19 is granted. Attorney James C. Shah for Lynetta Luckett added. Mailed notice (smm, )
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Filing 22
MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #20 is granted. Attorney Alec Jacob Berin for Lynetta Luckett added. Mailed notice (smm, )
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Filing 21
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19844585. (Miller, James)
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Filing 20
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19840855. (Berin, Alec)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19840776. (Shah, James)
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Filing 18
AMENDED complaint by Lynetta Luckett against Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Does 1 - 20, Wintrust Financial Corp., Board of Directors of Wintrust Financial Corp., The and terminating Board of Trustees of Wintrust Financial Corp., The (Carroll, Katrina)
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Filing 17
MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #16 is granted. Attorney Nathaniel W. Ingraham for Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Trustees of Wintrust Financial Corp., The, Does 1 - 20, Wintrust Financial Corp. added. Mailed notice (smm, )
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Filing 16
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19794539. (Ingraham, Nathaniel)
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Filing 15
MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #14 is granted. Attorney Sean C. Abouchedid for Defendants' The Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The Board of Trustees of Wintrust Financial Corp., Does 1 - 20, Wintrust Financial Corp. added. Mailed notice (smm, )
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Filing 14
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19789482. (Abouchedid, Sean)
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Filing 12
ATTORNEY Appearance for Defendants Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Trustees of Wintrust Financial Corp., The, Does 1 - 20, Wintrust Financial Corp. by Brandon R Freud (Freud, Brandon)
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Filing 13
MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #11 is granted. Attorney Kolin Chen-Ting Tang for Lynetta Luckett added. Mailed notice (smm, )
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Filing 11
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19774877. (Tang, Kolin)
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Filing 10
MINUTE entry before the Honorable Charles R. Norgle: Motion for leave to appear pro hac vice #8 is granted. Attorney Lars C. Golumbic for Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The Lars C. Golumbic for Board of Trustees of Wintrust Financial Corp., The Lars C. Golumbic for Does 1 - 20, Lars C. Golumbic for Wintrust Financial Corp. added. Mailed notice (smm, )
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19771281. (Golumbic, Lars)
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Filing 9
MINUTE entry before the Honorable Charles R. Norgle: It is hereby Ordered: The relief request in the parties' Joint Stipulation is granted. Plaintiff shall file an Amended Complaint correcting the party names by 8/31/2022. Defendants' response to the amended complaint is due by 10/24/2022. Mailed notice (smm, )
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Filing 7
STIPULATION (Joint) re: Filing of Amended Complaint and Response to Same (Carroll, Katrina)
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Filing 6
SUMMONS Returned Executed by Lynetta Luckett as to Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The on 8/16/2022, answer due 9/6/2022; Board of Trustees of Wintrust Financial Corp., The on 8/16/2022, answer due 9/6/2022; Wintrust Financial Corp. on 8/16/2022, answer due 9/6/2022. (Kravitz, Ronald)
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Filing 5
ATTORNEY Appearance for Plaintiff Lynetta Luckett by Ronald S Kravitz (Kravitz, Ronald)
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SUMMONS Issued as to Defendants Administrative Committee of the Wintrust Financial Corp. Retirement Savings Plan, The, Board of Trustees of Wintrust Financial Corp., The, Wintrust Financial Corp. (jb, )
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Filing 4
ATTORNEY Appearance for Plaintiff Lynetta Luckett by Katrina Carroll (Carroll, Katrina)
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Filing 3
ATTORNEY Appearance for Plaintiff Lynetta Luckett by Kyle Alan Shamberg (Shamberg, Kyle)
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CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (lm, London)
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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. (lm, London)
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Filing 2
CIVIL Cover Sheet (Kravitz, Ronald)
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Filing 1
COMPLAINT filed by Lynetta Luckett; Filing fee $ 402, receipt number AILNDC-19697263.(Kravitz, Ronald)
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