Walther et al v. Wood et al
| Martha Walther, Trent Kumfer and Jayme Lea |
| John Wood, Brian Eagle, MPE Partners II, L.P., MPE Partners III, L.P., Rodney Strack, Patrick Buesching, Patrice Mauk and Pareto Efficient Solutions, LLC |
| 1:2023cv00294 |
| July 14, 2023 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| 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 October 22, 2024. A more recent docket listing may be available from PACER.
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Filing 47
AMENDED COMPLAINT against Brian Eagle, MPE Partners II, L.P., MPE Partners III, L.P., John Wood, Rodney Strack, Patrick Buesching, Patrice Mauk, Pareto Efficient Solutions, LLC, filed by Martha Walther, Jayme Lea, Trent Kumfer. (Attachments: #1 Proposed Summons Pareto Efficient Solutions, #2 Proposed Summons Patrice Mauk, #3 Proposed Summons Patrick Buesching, #4 Proposed Summons Rodney Strack)(Gokey, Charles)
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Filing 46
ORDER GRANTING #45 Joint Stipulated Protective Order to the extent set forth in this Order. Signed by Magistrate Judge Susan L Collins on 11/16/2023. (ash)
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Filing 45
Joint MOTION for Protective Order by Plaintiffs Trent Kumfer, Jayme Lea, Martha Walther. (Gokey, Charles)
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Filing 44
ORDER for Magistrate Judge Susan Collins: #43 Plaintiffs' Unopposed Motion for Extension of Time to Respond to Motions to Dismiss is granted. Plaintiffs granted to and including 11/22/2023 to file responses to #36 Defendant Brian Eagle's Motion to Dismiss and #39 Defendants MPE Partners II, L.P. and MPE Partners III, L.P.'s Motion to Dismiss. Text entry order. (mr)
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Filing 43
MOTION for Extension of Time to File Response/Reply as to #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs Trent Kumfer, Jayme Lea, Martha Walther. (Gokey, Charles)
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Filing 42
ORDER granting #41 Application to Appear Pro Hac Vice of Attorney Ann M Caresani PHV for MPE Partners II, L.P. and MPE Partners III, L.P. Signed by Magistrate Judge Susan L Collins on 10/18/2023. (ace)
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Filing 41
Application for Attorney Ann M. Caresani to Appear Pro Hac Vice on behalf of MPE Partners II, L.P. and MPE Partners III, L.P.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5385066 (Attachments: #1 Exhibit Ohio Certificate of Goo Standing)(Caresani, Ann)
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Filing 40
MEMORANDUM in Support of #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MPE Partners II, L.P., MPE Partners III, L.P.. (Attachments: #1 Exhibit A. Stock Redemption Agreement, #2 Exhibit B. Equity Purchase Agreement)(Brogan PHV, Mary Pat)
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Filing 39
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants MPE Partners II, L.P., MPE Partners III, L.P.. (Brogan PHV, Mary Pat)
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Filing 38
ANSWER to #1 Complaint, by John Wood.(Herzog, David)
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Filing 37
BRIEF in Support of #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian Eagle. (Attachments: #1 Exhibit 1 - Plan Document, #2 Exhibit 2 - Committee Minutes, #3 Exhibit 3 - Trust Agreement, #4 Exhibit 4 - February 2020 Trustee Engagement Agreement, #5 Exhibit 5 - December 2020 Trustee Engagement Agreement)(Gutwein, Philip)
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Filing 36
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brian Eagle. (Gutwein, Philip)
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Filing 35
ORDER for Magistrate Judge Susan Collins: The filing of the #34 Notice of Service of Initial Disclosures is in violation of Local Rule 26-2 and hereby STRICKEN. Text entry order.(mr)
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Filing 34
**STRICKEN PURSUANT TO DE 35** NOTICE by John Wood of Service of Initial Disclosures (Herzog, David) Modified on 10/11/2023 (mr).
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Filing 33
ORDER for Magistrate Judge Susan Collins: #32 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint is granted. Defendants granted to and including 10/12/2023 to file an Answer to Plaintiff's #1 Complaint. Text entry order.(mr)
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Filing 32
MOTION for Extension of Time to File Answer re #1 Complaint, Unopposed Motion for Extension of Time for Defendants to Respond to Complaint by Defendants MPE Partners II, L.P., MPE Partners III, L.P.. (Brogan PHV, Mary Pat)
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Filing 31
ORDER granting #26 Application to Appear Pro Hac Vice of Attorney Mary Pat Brogan PHV for MPE Partners II, L.P. and MPE Partners III, L.P. Signed by Magistrate Judge Susan L Collins on 9/21/2023. (ace)
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Filing 30
ORDER granting #27 Application to Appear Pro Hac Vice of Attorney Guenther K Fanter PHV for MPE Partners II, L.P. and MPE Partners III, L.P. Signed by Magistrate Judge Susan L Collins on 9/21/2023. (ace)
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Filing 29
SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 10/10/2023. The last date for the completion of all fact discovery is 10/15/2024. Deadline for completion of expert discovery is 03/12/2025. The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiffs by 11/15/2024; and from Defendants by 12/16/2024. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiffs is 03/01/2024; as to Defendants is 04/01/2024. The deadline to file any dispositive motions is 04/01/2025, with any response due 28 days thereafter and any reply due 14 days after the filing of a response, consistent with Local Rule 56-1(b) and (c). The parties are to file a notice with the Court advising of their selection of a mediator when mediation is likely to be productive. Signed by Magistrate Judge Susan L Collins on 09/19/2023. (jdb)
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Filing 28
TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/19/2023 before Magistrate Judge Susan L Collins. Pla appeared by atty Charles Gokey. Dfts appeared by attys David Herzog, Molly Broadhead, Emily Kile-Maxwell, Bonnie DelGobbo and Mary Pat Brogan. The #24 Report of the Parties Planning Meeting is approved in all respects (except establishment of a trial date). Magistrate Consent forms due by 10/10/2023. (FTR 1st floor.) (mr)
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Filing 27
Application for Attorney G. Karl Fanter to Appear Pro Hac Vice on behalf of MPE Partners II, L.P. and MPE Partners III, L.P.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5357011 (Attachments: #1 Exhibit Ohio Certificate of Good Standing)(Fanter, Guenther)
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Filing 26
Application for Attorney Mary Patricia Brogan to Appear Pro Hac Vice on behalf of MPE Partners II, L.P. and MPE Partners III, L.P.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5356985 (Attachments: #1 Exhibit New Jersey Certificate of Good Standing, #2 Exhibit Ohio Certificate of Good Standing)(Brogan, Mary Pat)
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Filing 25
NOTICE of Appearance by Bonnie Keane DelGobbo on behalf of MPE Partners II, L.P., MPE Partners III, L.P. (DelGobbo, Bonnie)
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Filing 24
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A)(Gokey, Charles)
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Filing 23
ORDER granting #20 Application to Appear Pro Hac Vice of Attorney Carl F Engstrom PHV for Trent Kumfer, Jayme Lea, and Martha Walther. Signed by Magistrate Judge Susan L Collins on 9/1/2023. (ace)
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Filing 22
ORDER for Magistrate Judge Susan Collins: The #21 Unopposed Motion for Extension of Time for Defendants to Respond to Complaint is granted. The deadline for Defendants to file an Answer to Plaintiff's #1 Complaint is extended to and including 9/28/2023. Text entry order. (mr)
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Filing 21
MOTION for Extension of Time to File Answer re #1 Complaint, Unopposed Motion for Extension of Time for Defendants to Respond to Complaint by Defendants MPE Partners II, L.P., MPE Partners III, L.P.. (DelGobbo, Bonnie)
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Filing 20
Application for Attorney Carl F. Engstrom to Appear Pro Hac Vice on behalf of Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5339719 (Attachments: #1 Certificate of Good Standing)(Engstrom, Carl)
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Reset Answer Deadline pursuant to Notice of Automatic Initial Extension of Time #16 . Answer due for Defendant Brian Eagle on or before 9/13/2023. (shk)
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Filing 19
NOTICE of Appearance by Charles Gokey on behalf of Trent Kumfer, Jayme Lea, Martha Walther (Gokey, Charles)
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Filing 18
MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr)
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Filing 17
NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 9/19/2023 at 10:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr)
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Filing 16
NOTICE by Brian Eagle re #1 Complaint, Notice of Automatic Initial Extension of Time (Kile-Maxwell, Emily)
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Filing 15
NOTICE of Appearance by Philip J Gutwein, II on behalf of Brian Eagle (Gutwein, Philip)
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Filing 14
NOTICE of Appearance by Emily A Kile-Maxwell on behalf of Brian Eagle (Kile-Maxwell, Emily)
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Filing 13
ORDER for Magistrate Judge Susan Collins: #12 Defendant's Unopposed Motion for Extension of Time is granted. Defendant John Wood is granted to and including 9/13/2023 to file an Answer to Plaintiff's #1 Complaint. Text entry order.(mr)
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Filing 12
MOTION for Extension of Time to File Answer re #1 Complaint, by Defendant John Wood. (Herzog, David)
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Filing 11
NOTICE of Appearance by Molly E Harkins on behalf of John Wood (Harkins, Molly)
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Filing 10
NOTICE of Appearance by David K Herzog on behalf of John Wood (Herzog, David)
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Set Deadlines per #8 Agreed Notice MPE Partners II, L.P., MPE Partners III, L.P. answer due 9/5/2023. (mrm)
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Filing 9
Corporate Disclosure Statement by MPE Partners II, L.P., MPE Partners III, L.P.. (DelGobbo, Bonnie)
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Filing 8
AGREED NOTICE by MPE Partners II, L.P., MPE Partners III, L.P. re #1 Complaint, Notice of Automatic Initial Extension of Time to Respond to Complaint (DelGobbo, Bonnie)
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Filing 7
NOTICE of Appearance by Bonnie Keane DelGobbo on behalf of MPE Partners II, L.P., MPE Partners III, L.P. (DelGobbo, Bonnie)
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Filing 6
SUMMONS Returned Executed by Martha Walther, Jayme Lea, Trent Kumfer. Brian Eagle served on 7/26/2023, answer due 8/16/2023. (Lee, Jennifer)
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Filing 5
SUMMONS Returned Executed by Martha Walther, Jayme Lea, Trent Kumfer. MPE Partners II, L.P. served on 7/18/2023, answer due 8/8/2023. (Lee, Jennifer)
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Filing 4
SUMMONS Returned Executed by Martha Walther, Jayme Lea, Trent Kumfer. John Wood served on 7/18/2023, answer due 8/8/2023. (Lee, Jennifer)
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Filing 3
SUMMONS Returned Executed by Martha Walther, Jayme Lea, Trent Kumfer. MPE Partners III, L.P. served on 7/17/2023, answer due 8/7/2023. (Lee, Jennifer)
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Filing 2
Summons Issued as to Brian Eagle, MPE Partners II, L.P., MPE Partners III, L.P., John Wood. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (Attachments: #1 John Wood, #2 MPE Partners II, #3 MPE Partners III)(ash)
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Judge Holly A Brady and Magistrate Judge Susan L Collins added. **NEW CASE** (ash)
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Filing 1
COMPLAINT against Brian Eagle, MPE Partners II, L.P., MPE Partners III, L.P., John Wood( Filing fee $ 402 receipt number AINNDC-5299398.), filed by Martha Walther, Jayme Lea, Trent Kumfer. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Brian Eagle, #3 Proposed Summons John Wood, #4 Proposed Summons MPE Partners II, L.P., #5 Proposed Summons MPE Partners III, L.P.)(Lee, Jennifer)
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