PROBST v. ELI LILLY AND COMPANY et al
| JENNIFER M. PROBST |
| ELI LILLY AND COMPANY, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, DAVID A. RICKS, RALPH ALVAREZ, PHD KATHERINE BAICKER, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, STACEY M. ROBERSON, KATHERINE BAICKER and ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE |
| 1:2022cv01106 |
| May 31, 2022 |
| US District Court for the Southern District of Indiana |
| M Kendra Klump |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Filing 53 BRIEF/MEMORANDUM in Support re #52 MOTION for Attorney Fees , filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Blocker, Mark) |
| Filing 52 MOTION for Attorney Fees , filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Attachments: #1 Exhibit Exhibit 1 About Walcheske & Luzi, #2 Exhibit Exhibit 2 Revised Declaration of Paul M. Secunda, Reichert v. Juniper Networks, Inc., No. 3:21-cv-06213-JD (N.D. Cal.) (Dkt. 66-3), #3 Exhibit Exhibit 3 Plaintiffs Motion for Attorneys Fees and Costs, Walter v. Kerry, Inc., No. 21-cv-539-BH (E.D. Wisc.) (Dkt. 36), #4 Exhibit Exhibit 4 Class Action Settlement Agreement, Clark v. Beth Israel Deaconess Medical Ctr., No. 1:22-cv-10068-DPW (D. Mass.) (Dkt. 54-1), #5 Exhibit Exhibit 5 - Plaintiffs Memorandum of Law in Support of Motion for Attorneys Fees, Gleason v. Bronson Healthcare Grp., Inc., No. 1:21-cv-00379-HYJ-PJG (W.D. Mich.) (Dkt. 24-1), #6 Exhibit Exhibit 6 Class Action Complaint, Yasmin v. General Mills, Inc., No. 22-cv-02572 (D. Minn.) (Dkt. 1))(Blocker, Mark) |
Filing 51
FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 58 - For the reasons set forth in the Court's Order entered this day, the Court now enters FINAL JUDGMENT against Plaintiff and in favor of Defendants. Plaintiff's individual claims are DISMISSED WITH PREJUDICE and her putative class claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge Jane Magnus-Stinson on 2/3/2023. (JSR)
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Filing 50
ORDER - The Court GRANTS Lilly's Motion to Dismiss, #31 , DISMISSES Ms. Probst's claims WITH PREJUDICE, DISMISSES Ms. Probst's putative class claims WITHOUT PREJUDICE, and DENIES the parties' Joint Motion for Oral Argument, #38 . Final judgment shall enter accordingly. (See Order.) Signed by Judge Jane Magnus-Stinson on 2/3/2023. (JSR)
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Filing 49
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 1/17/2023. Telephonic Status Conference set for 6/1/2023 at 9:00 AM before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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| Filing 47 Reassignment of Case to Magistrate Judge M. Kendra Klump. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number (1:22-cv-01106-JMS-MKK), which includes the initials of the newly assigned judge, on all future filings in this matter. (Albertson, Steven) |
| Filing 46 Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Doris L. Pryor is no longer assigned to this case. Please include the new case number (1:22-cv-01106-JMS-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (RSF) |
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Filing 45
ORDER granting Defendants' #36 Motion to Maintain Documents Under Seal. The Court accepts as filed the redacted documents filed at Docket Nos. 32-1, 32-2, 32-3, and 34. Additionally, Docket Nos. 33-1, 33-2, 33-3, and 35 shall be maintained UNDER SEAL. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 11/1/2022. (SWM)
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| Filing 44 REPLY in Support of Motion re #31 MOTION to Dismiss the amended complaint , filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Blocker, Mark) |
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Filing 43
ORDER GRANTING AGREED MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS THE AMENDED COMPLAINT - The Court, having considered Defendants' Agreed Motion for Extension of Time, hereby grants the motion #42 . IT IS THEREFORE ORDERED that Defendants' Agreed Motion for Extension of Time for Defendants to File Reply in Support of Their Motion to Dismiss the Amended Complaint is granted, and Defendants' Reply is due October 25, 2022. Signed by Judge Jane Magnus-Stinson on 10/14/2022. (JSR)
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| Filing 42 MOTION for Extension of Time to File Reply to 10/25/22 re #31 MOTION to Dismiss the amended complaint , filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Attachments: #1 Text of Proposed Order)(Blocker, Mark) |
| Filing 41 SEALED RESPONSE re #31 MOTION to Dismiss the amended complaint , filed by Plaintiff JENNIFER M. PROBST. (Attachments: #1 Exhibit 1 - Lilly 2018 5500 Schedule H, #2 Exhibit 2 - Fortive 2020 5500 Form (Excerpt), #3 Exhibit 3 - Fortive 2021 5500 Form (Excerpt), #4 Exhibit 4 - 2021 5500 Form Instructions (Excerpt))(Secunda, Paul) |
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Filing 40
ORDER - This matter comes before the Court on the Defendants' Motion to Maintain Documents Under Seal, Dkt. [ #16 ]. Defendants seek leave to redact the publicly filed versions of Docket Nos. 12-1, 12-2, 12-3, and 14, and to maintain under seal the unredacted versions of those documents, found at Docket Nos. 13-2, 13-2, 13-3, and15. (Dkt. 16). A ccordingly, the Court, being duly advised, hereby GRANTS the present Motion. The Court accepts as filed the redacted documents filed at Docket Nos. 12- 1, 12-2, 12-3, and 14. Additionally, Docket Nos. 13-2, 13-2, 13-3, and 15 shall be maintained UNDER SEAL. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 9/26/2022. (SWM)
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Filing 39
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel for an Initial Pretrial Conference on September 22, 2022. The parties discussed case status. This matter is scheduled for a telephonic status conference on January 17, 2023 at 3:00 p.m. to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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| Filing 38 Joint MOTION for Oral Argument, filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Attachments: #1 Text of Proposed Order Proposed Order)(Blocker, Mark) |
| Filing 37 BRIEF/MEMORANDUM in Support re #36 MOTION To Seal , filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1 - Borland Declaration, #3 Exhibit 2 - Huang v. TriNet HR III, Inc., Dkt. 28, #4 Exhibit 3 - Docket for Huang v. TriNet HR III, Inc., #5 Exhibit 4 - Docket for Law v. Estee Lauder Inc.)(Blocker, Mark) |
| Filing 36 MOTION To Seal, filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Attachments: #1 Text of Proposed Order Proposed Order)(Blocker, Mark) |
| Filing 35 SEALED Memorandum in Support of Motion to Dismiss #31 , filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Blocker, Mark) Modified on 9/21/2022 (JSR). |
| Filing 34 BRIEF/MEMORANDUM in Support re #31 MOTION to Dismiss the amended complaint , filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Blocker, Mark) |
| Filing 33 *** SEALED PER DKT. NUMBER #45 *** SEALED Appendix in support of, re #31 Motion to Dismiss, filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Attachments: #1 Exhibit 1 - Sealed Amended and Restated Administrative Services Agreement (10/1/2010) (Excerpt), #2 Exhibit 2 - Sealed Amendment #3 to Amended and Restated Administrative Services Agreement (1/1/2014) (Excerpt), #3 Exhibit 3 - Sealed Administrative Services Agreement (1/1/2020) (Excerpt))(Blocker, Mark) Modified on 11/1/2022 (SWM). |
| Filing 32 Appendix of Exhibits in Support of Motion re #31 MOTION to Dismiss the amended complaint , filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Attachments: #1 Exhibit 1 - Redacted Amended and Restated Administrative Services Agreement (10/1/2010) (Excerpt), #2 Exhibit 2 - Redacted Amendment #3 to Amended and Restated Administrative Services Agreement (1/1/2014) (Excerpt), #3 Exhibit 3 - Redacted Administrative Services Agreement (1/1/2020) (Excerpt), #4 Exhibit 4 - Albert v. Oshkosh, No. 20-cv-901 (E.D. Wis.), Dkt. 20, Amended Complaint, #5 Exhibit 5 - Mator v. Wesco Distribution, Inc., No. 21-403 (W.D. Pa.), Dkt. 63, Second Amended Complaint, #6 Exhibit 6 - 2021 Instructions for Form 5500 (Excerpt), #7 Exhibit 7 - 2018 The Lilly Employee 401(k) Plan Form 5500 (Excerpt), #8 Exhibit 8 - 2018 Sutter Health Retirement Income Plan Form 5500 (Excerpt), #9 Exhibit 9 - 2018 Fortive Retirement Savings Plan Form 5500 (Excerpt), #10 Exhibit 10 - 2018 Michelin Retirement Account Plan Form 5500 (Excerpt), #11 Exhibit 11 - 2017 Dollar General Corp. 401(k) Savings & Retirement Plan Form 5500 (Excerpt), #12 Exhibit 12 - 2018 Michelin 401(k) Savings Plan Form 5500 (Excerpt), #13 Exhibit 13 - 2018 FedEx Office & Print Services, Inc. 401(k) Retirement Savings Plan Form 5500 (Excerpt), #14 Exhibit 14 - 2018 Pilgrims Pride Retirement Savings Plan Form 5500 (Excerpt), #15 Exhibit 15 - 2018 JBS 401(k) Savings Plan Form 5500 (Excerpt), #16 Exhibit 16 - 2018 Sanofi U.S. Group Savings Plan Form 5500 (Excerpt), #17 Exhibit 17 - 2018 Kindred 401(k) Plan Form 5500 (Excerpt), #18 Exhibit 18 - 2018 The Savings & Investment Plan Form 5500 (Excerpt), #19 Exhibit 19 - 2018 Deseret 401(k) Plan Form 5500 (Excerpt), #20 Exhibit 20 - 2018 Danaher Corp. Subsidiaries Savings Plan Form 5500 (Excerpt), #21 Exhibit 21 - The Lilly Employee 401(k) Plan Annual Fee Disclosure Statement for Year End December 31, 2021, #22 Exhibit 22 - Woznicki v. Aurora Health Care Inc., No. 20-cv-1246 (E.D. Wis.), Dkt. 19, Amended Complaint, #23 Exhibit 23 - 2018 Fortive Retirement Savings Plan Form 5500 (Excerpt))(Blocker, Mark) |
| Filing 31 MOTION to Dismiss the amended complaint, filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE. (Blocker, Mark) |
| Filing 29 MARGINAL ENTRY denying #11 Motion to Dismiss for Failure to State a Claim - In light of Plaintiff's filing of an Amended Complaint, [Dkt. 26], the Court DENIES Defendants' Motion to Dismiss, #11 , AS MOOT. Signed by Judge Jane Magnus-Stinson on 9/2/2022. (JRB) |
| Filing 28 NOTICE OF AUTOMATIC INITIAL EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS AMENDED COMPLAINT, filed by Defendants BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE, re #26 Amended Complaint. (Blocker, Mark) |
| Filing 27 WAIVER OF SERVICE Returned Executed, filed by JENNIFER M. PROBST. ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE waiver sent on 8/22/2022. (Secunda, Paul) |
| Filing 26 AMENDED COMPLAINT against BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, ELI LILLY AND COMPANY FUND ADVISORY COMMITTEE, filed by JENNIFER M. PROBST.(Secunda, Paul) |
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Filing 25
ORDER GRANTING JOINT MOTION AND STIPULATION REGARDING DISMISSAL OF INDIVIDUAL DEFENDANTS - The Court, having considered the parties' Joint Motion and Stipulation Regarding Dismissal of Individual Defendants #24 , hereby grants the Joint Motion and the relief requested therein. Signed by Judge Jane Magnus-Stinson on 8/19/2022. (JSR)
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| Filing 24 Joint MOTION to Dismiss and Stipulation regarding dismissal of individual defendants, filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Attachments: #1 Text of Proposed Order)(Blocker, Mark) |
| Filing 23 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jeffrey A. Macey hereby notifies the Clerk of the court of changed contact information. (Macey, Jeffrey) |
| Filing 22 REPLY in Support of Motion re #16 MOTION to Maintain Document Under Seal #15 SEALED Document (Case Participants - doc), #13 SEALED Document (Case Participants - doc) Motion to Maintain Brief in Support of Motion to Dismiss and Certain Exhibits Under Seal , filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Attachments: #1 Exhibit 4 - Bilello v. Estee Lauder, Inc., 20-cv-4770, Dkt. 67 at 2 (S.D.N.Y. June 7, 2021), #2 Exhibit 5 - Declaration of Alison Borland)(Blocker, Mark) |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Maintain Document Under Seal #15 SEALED Document (Case Participants - doc), #13 SEALED Document (Case Participants - doc) Motion to Maintain Brief in Support of Motion to Dismiss and Certain Exhibits Under Seal , filed by Plaintiff JENNIFER M. PROBST. (Secunda, Paul) |
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Filing 20
ORDER granting #7 Motion to Appear pro hac vice. Attorney Mark B. Blocker for RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI and KAREN WALKER added. Signed by Magistrate Judge Doris L. Pryor on 8/5/2022. (SWM)
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Filing 19
ORDER granting #8 Motion to Appear pro hac vice. Attorney Eric S. Mattson for RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI and KAREN WALKER added. Signed by Magistrate Judge Doris L. Pryor on 8/5/2022. (SWM)
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Filing 18
SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 9/22/2022 11:00 AM (Eastern Time) before Magistrate Judge Doris L. Pryor. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. In advance of the initial pretrial conference, counsel shall plan for discovery and conduct the conference contemplated by Fed. R. Civ. P. 26(f). Counsel need not prepare a case management plan, but should confer about deadlines necessary to prepare the case for submission to the court. Signed by Magistrate Judge Doris L. Pryor on 8/3/2022.(SWM)
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| Filing 17 BRIEF/MEMORANDUM in Support re #16 MOTION to Maintain Document Under Seal #15 SEALED Document (Case Participants - doc), #13 SEALED Document (Case Participants - doc) Motion to Maintain Brief in Support of Motion to Dismiss and Certain Exhibits Under Seal , filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Attachments: #1 Exhibit 1 - Huang Dkt. 28, #2 Exhibit 2 - Huang Docket, #3 Exhibit 3 - Law v. Estee Lauder Docket)(Bayh, Christopher) |
| Filing 16 MOTION to Maintain Document Under Seal #15 SEALED Document (Case Participants - doc), #13 SEALED Document (Case Participants - doc) Motion to Maintain Brief in Support of Motion to Dismiss and Certain Exhibits Under Seal, filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Attachments: #1 Text of Proposed Order)(Bayh, Christopher) |
| Filing 15 *** SEALED PER DKT. NUMBER 40 *** SEALED Memorandum in Support, re #11 Motion to Dismiss for Failure to State a Claim, filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Bayh, Christopher) Modified on 9/27/2022 (SWM). |
| Filing 14 BRIEF/MEMORANDUM in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Redacted), filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Bayh, Christopher) |
| Filing 13 *** SEALED PER DKT. NUMBER #40 *** SEALED - Appendix of Sealed Exhibits in Support of Motion, re #11 Motion to Dismiss for Failure to State a Claim, filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Attachments: #1 Exhibit 1 - (SEALED) Amended and Restated Administrative Services Agreement, #2 Exhibit 2 - (SEALED) Amendment # 3 to Amended and Restated Administrative Services Agreement, #3 Exhibit 3 - (SEALED) Administrative Services Agreement)(Bayh, Christopher) Modified on 9/27/2022 (SWM). |
| Filing 12 Appendix of Exhibits in Support of Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Attachments: #1 Exhibit 1 - Amended and Restated Administrative Services Agreement (redacted), #2 Exhibit 2 - Amendment # 3 to Amended and Restated Administrative Services Agreement (redacted), #3 Exhibit 3 - Administrative Services Agreement (redacted), #4 Exhibit 4 - Michelin 401(k) Savings Plan Form 5500, #5 Exhibit 5 - DOL Form 5500 Instructions, #6 Exhibit 6 - Sutter Health Form 5500, #7 Exhibit 7 - Fortive Retirement Form 5500, #8 Exhibit 8 - Michelin Retirement Account Form 5500, #9 Exhibit 9 - Dollar General Corp. Form 5500, #10 Exhibit 10 - FedEx Form 5500, #11 Exhibit 11 - Pilgrim's Form 5500, #12 Exhibit 12 - JBS Form 5500, #13 Exhibit 13 - Sanofi Form 5500, #14 Exhibit 14 - Kindred Form 5500, #15 Exhibit 15 - The Savings & Investment Plan Form 5500, #16 Exhibit 16 - Deseret 5500, #17 Exhibit 17 - Danaher Corp. 5500, #18 Exhibit 18 - Woznicki v. Aurora Health Care, Inc. Amended Complaint, #19 Exhibit 19 - Lilly Employee 401(k) Form 5500)(Bayh, Christopher) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Bayh, Christopher) |
| Filing 10 Corporate Disclosure Statement by ELI LILLY AND COMPANY. (Bayh, Christopher) |
| Filing 9 NOTICE of Appearance by Christopher J. Bayh on behalf of Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Bayh, Christopher) |
| Filing 8 MOTION for Attorney(s) Eric S. Mattson to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7212943), filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Attachments: #1 Text of Proposed Order)(Mattson, Eric) |
| Filing 7 MOTION for Attorney(s) Mark B. Blocker to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7212929), filed by Defendants RALPH ALVAREZ, KATHERINE BAICKER, BOARD OF DIRECTORS OF ELI LILLY AND COMPANY, ELI LILLY AND COMPANY, ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE, J. ERIK FRYWALD, MARY LYNNE HEDLEY, JAMERE JACKSON, KIMBERLY H. JOHNSON, WILLIAM G. KAELIN, JR., JUAN LUCIANO, DAVID A. RICKS, STACEY M. ROBERSON, MARSCHALL S. RUNGE, GABRIELLE SULZBERGER, JACKSON P. TAI, KAREN WALKER. (Attachments: #1 Text of Proposed Order)(Blocker, Mark) |
| Filing 6 WAIVER OF SERVICE Returned Executed, filed by JENNIFER M. PROBST. RALPH ALVAREZ waiver sent on 5/31/2022; KATHERINE BAICKER waiver sent on 5/31/2022; BOARD OF DIRECTORS OF ELI LILLY AND COMPANY waiver sent on 5/31/2022; ELI LILLY AND COMPANY waiver sent on 5/31/2022; ELI LILLY AND COMPANY EMPLOYEE BENEFIT COMMITTEE waiver sent on 5/31/2022; J. ERIK FRYWALD waiver sent on 5/31/2022; MARY LYNNE HEDLEY waiver sent on 5/31/2022; JAMERE JACKSON waiver sent on 5/31/2022; KIMBERLY H. JOHNSON waiver sent on 5/31/2022; WILLIAM G. KAELIN, JR. waiver sent on 5/31/2022; JUAN LUCIANO waiver sent on 5/31/2022; DAVID A. RICKS waiver sent on 5/31/2022; STACEY M. ROBERSON waiver sent on 5/31/2022; MARSCHALL S. RUNGE waiver sent on 5/31/2022; GABRIELLE SULZBERGER waiver sent on 5/31/2022; JACKSON P. TAI waiver sent on 5/31/2022; KAREN WALKER waiver sent on 5/31/2022. (Secunda, Paul) |
| Filing 5 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MRI) |
| Filing 4 NOTICE of Appearance by Paul M Secunda on behalf of Plaintiff JENNIFER M. PROBST. (Secunda, Paul) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 2 NOTICE of Appearance by Jeffrey A. Macey on behalf of Plaintiff JENNIFER M. PROBST. (Macey, Jeffrey) |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-7124413) (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet CCS Attachment)(Macey, Jeffrey) |
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