Kirk et al v. Principal Life Insurance Company et al
| Perry Ayoob, Dawn Karzenoski and Becky Kirk |
| Principal Global Investors LLC, Principal Life Insurance Company, Retirement Committee of CHS/Community Health Systems, Inc., John and Jane Does 1-20, Principal Management Corporation and CHS/Community Health Systems, Inc. |
| 4:2021cv00134 |
| April 29, 2021 |
| US District Court for the Southern District of Iowa |
| Celeste F Bremer |
| Stephen H Locher |
| Stephanie M Rose |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 133 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation. Responses due by 6/28/2021. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Golumbic, Lars) |
Filing 132
TEXT ORDER GRANTING #131 First MOTION to file overlength brief in Support of Motion to Dismiss by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation. Defendants may file their entire brief of 28 pages. Signed by Magistrate Judge Stephen H. Locher on 6/11/2021. (lcw)
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| Filing 131 First MOTION to file overlength brief in Support of Motion to Dismiss by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation.Motions referred to Stephen H. Locher. Responses due by 6/24/2021. (West, Angel) |
| Magistrate Judge Stephen H. Locher added. Magistrate Judge Celeste F. Bremer no longer assigned to case. (kjw) |
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Filing 130
TEXT ORDER granting #128 Motion to Set Briefing Schedule. Principal Defendants' updated motion to dismiss opening brief due June 14, 2021. Plaintiffs' opposition due by July 12, 2021. Principal Defendants' reply brief due July 30, 2021. Signed by Magistrate Judge Celeste F. Bremer on 5/14/2021. (mlr)
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| Filing 129 NOTICE by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation of Change of Firm Association and Address (West, Angel) |
| Filing 128 Unresisted MOTION Unopposed Motion for Briefing Schedule for Defendants' Motion to Dismiss by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation.Motions referred to Celeste F. Bremer. Responses due by 5/27/2021. (West, Angel) |
| Filing 127 NOTICE by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation Withdrawal of Leslie Behaunek (Behaunek, Leslie) |
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Filing 126
TEXT ORDER granting #121 Motion for Leave to Appear Pro Hac Vice Paul J. Lukas; granting #122 Motion for Leave to Appear Pro Hac Vice Kai H. Richter; granting #123 Motion for Leave to Appear Pro Hac Vice Brock J. Specht; granting #124 Motion for Leave to Appear Pro Hac Vice Jacob T. Schutz; granting #125 Motion for Leave to Appear Pro Hac Vice Carl F. Engstrom. Signed by Magistrate Judge Celeste F. Bremer on 5/11/2021. (kjw)
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| Filing 125 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4483409 Fee paid in the amount of $100. by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Engstrom, Carl) |
| Filing 124 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4483406 Fee paid in the amount of $100. by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Schutz, Jacob) |
| Filing 123 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4483398 Fee paid in the amount of $100. by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Specht, Brock) |
| Filing 122 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4483393 Fee paid in the amount of $100. by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
| Filing 121 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4483386 Fee paid in the amount of $100. by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Lukas, Paul) |
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Filing 120
TEXT ORDER granting #117 Motion for Leave to Appear Pro Hac Vice Lars C. Golumbic; granting #118 Motion for Leave to Appear Pro Hac Vice Elizabeth L. Woods; granting #119 Motion for Leave to Appear Pro Hac Vice Samuel I. Levin. Signed by Magistrate Judge Celeste F. Bremer on 5/10/2021. (kjw)
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| Filing 119 MOTION for Leave to Appear Pro Hac Vice by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation. (Levin, Samuel) |
| Filing 118 MOTION for Leave to Appear Pro Hac Vice by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation. (Woods, Elizabeth) |
| Filing 117 MOTION for Leave to Appear Pro Hac Vice by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation. (Golumbic, Lars) |
| Filing 116 NOTICE of Appearance by Jill M. Zwagerman on behalf of All Plaintiffs (Zwagerman, Jill) |
| Filing 115 NOTICE by Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation Notice of Withdrawal of Leslie Sanders and Daniel Crowell (West, Angel) |
| Filing 114 NOTICE of Appearance by Angel Anna West on behalf of Principal Global Investors LLC, Principal Life Insurance Company, Principal Management Corporation (West, Angel) |
| Filing 113 CLERK'S NOTICE TO ATTORNEYS/PRO SE PARTY: Your case has been opened in the SDIA and assigned a new case number. Please review the attached document and forms for compliance with this Court's Local Rules. Rule 16 Notice of Dismissal set for 7/29/2021. (kjw) |
| Filing 112 Case transferred in from District of Tennessee Middle; Case Number 3:19-cv-00689. Original file |
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Filing 111
ORDER DISMISSING CASE: Pending before the Court is the Unresisted Motion to Transfer Venue filed by Defendants Principal Life Insurance Company, Principal Management Corporation, and Principal Global Investors, LLC (collectively "Principal Defendants"). (Doc. No. #110 ). [F]or the reasons identified in Principal Defendants' supporting memorandum, the transfer of this case to the Southern District of Iowa would be for the convenience of the parties and witnesses and be in the interest of justice. Accordingly, the Motion (Doc. No. #110 ) is GRANTED, and this case is to be transferred to the U.S. District Court for the Southern District of Iowa. Signed by District Judge William L. Campbell, Jr on 4/29/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Judge Stephanie M. Rose and Magistrate Judge Celeste F. Bremer added. (don) |
| Filing 110 Unopposed MOTION to Change Venue by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Principal Defendants' Memorandum of Law in Support of Unresisted Motion to Transfer Venue, #2 Attachment Declaration of Randy Welch)(West, Angel) |
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Filing 109
ORDER: APPROVING PLAINTIFFS' MOTION FOR FINAL APPROVAL OF PARTIAL CLASS ACTION SETTLEMENT #105 .Signed by District Judge William L. Campbell, Jr on 4/12/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing 108
ORDER: APPROVING PLAINTIFFS' MOTION FOR APPROVAL OF SETTLEMENT ADMINISTRATIVEEXPENSES #102 . Signed by District Judge William L. Campbell, Jr on 4/12/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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| Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Motion Hearing held on 4/12/2021 re #105 Unopposed MOTION for Settlement Final Approval of Partial Class Action Settlement filed by Perry Ayoob, Becky Kirk, Dawn Karzenoski. The Court granted the motion; Order to enter. (Court Reporter Patty Jennings.) (Hearing lasted :10)(ab) |
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Filing 107
ORDER: Pending before the Court is a Joint Motion for Remote Attendance at Final Fairness Hearing (Doc. No. #104 ). The motion is GRANTED, and out-of-town counsel shall appear by video telephone conference. A ZOOM invitation will be forwarded to the attorneys. Any person wishing to attend the hearing via telephone conference shall call 1-646-828-7666 (Meeting ID 161 487 8379). Signed by District Judge William L. Campbell, Jr on 3/29/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 106 MEMORANDUM in Support of #105 Unopposed MOTION for Settlement Final Approval of Partial Class Action Settlement filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk . (Attachments: #1 Attachment Appendix per LR 7.01(d)(5), #2 Attachment Declaration of Kai Richter, #3 Exhibit A - Independent Fiduciary Letter, #4 Attachment Declaration of Jeffrey Mitchell, #5 Exhibit 1- Class Notice)(Richter, Kai) |
| Filing 105 Unopposed MOTION for Settlement Final Approval of Partial Class Action Settlement by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment Proposed Order)(Richter, Kai) |
| Filing 104 Joint MOTION for Remote Attendance at Final Fairness Hearing re #101 Order, Set Hearings, Terminate Motions, by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Cerrone, Stacey) Modified on 3/25/2021 (mg). |
| Filing 103 MEMORANDUM in Support of #102 MOTION for Approval of Settlement Administrative Expenses filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk . (Attachments: #1 Attachment Appendix per LR 7.01(d)(5), #2 Attachment Declaration of Kai Richter, #3 Exhibit 1 - Analytics' profile)(Richter, Kai) |
| Filing 102 MOTION for Approval of Settlement Administrative Expenses by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment Proposed Order)(Richter, Kai) |
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Filing 101
ORDER: Motion #99 GRANTED for PRELIMINARILY APPROVING PARTIAL CLASS ACTION SETTLEMENT, CERTIFYING CLASS FOR SETTLEMENT PURPOSES, APPROVING PROCEDURE AND FORM OF CLASS NOTICE AND SCHEDULING FINAL APPROVAL HEARING. On April 12, 2021 at 1:30 p.m. or at such other date and time later set by Court Order, in courtroom A826 of the Estes Kefauver Federal Building & Courthouse, 801 Broadway, Nashville, TN 37203, or via telephone or any other virtual format ordered by the Court, this Court will hold a hearing on the fairness, adequacy, and reasonableness of the Settlement Agreement. Signed by District Judge William L. Campbell, Jr on 12/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 100 MEMORANDUM in Support of #99 MOTION for Settlement Preliminary Approval of Class Action Settlement filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk . (Attachments: #1 Attachment Appendix per LR 7.01(d)(5), #2 Attachment Declaration of Kai Richter, #3 Exhibit 1 to Richter Declaration - Settlement Agreement, #4 Exhibit 2 to Richter Declaration - Firm Resume, #5 Attachment Declaration of Becky Kirk, #6 Attachment Declaration of Perry Ayoob, #7 Attachment Declaration of Dawn Karzenoski)(Richter, Kai) |
| Filing 99 MOTION for Settlement Preliminary Approval of Class Action Settlement by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment Proposed Order)(Richter, Kai) |
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Filing 98
ORDER granting #97 Joint Motion to Continue Stay Pending Settlement. Signed by District Judge William L. Campbell, Jr on 10/20/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 97 Joint MOTION to Continue Stay Pending Settlement by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
| Filing 96 NOTICE of Change of Address by Kai H. Richter (Richter, Kai) |
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Filing 95
ORDER granting #94 Joint Motion to Continue Stay Pending Settlement. Signed by District Judge William L. Campbell, Jr on 9/17/2020. (am)
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| Filing 94 Joint MOTION to Continue Stay Pending Settlement by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
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Filing 93
ORDER: In light of the stay entered by Judge Campbell on July 29, 2020, Docket Entry No. #92 , the telephone conference scheduled for August 26, 2020, at 10:00 a.m. is CANCELLED. Signed by Magistrate Judge Barbara D. Holmes on 8/12/2020. (mg)
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Filing 92
ORDER granting #91 Motion to Stay. Signed by District Judge William L. Campbell, Jr on 7/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 91 Joint MOTION to Stay Pending Settlement by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc.. (Cerrone, Stacey) |
| Set/Reset Hearings: Case Management Conference by Telephone set for 8/26/2020 at 10:00 AM before Magistrate Judge Barbara D. Holmes . (am) Modified Text on 7/22/2020 (am). |
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Filing 90
ORDER granting #87 Motion to Extend Class Certification Briefing Schedules. As discussed in more detail below, the pending motion to extend class certification briefing schedules, Docket Entry No. 87, is GRANTED. Additionally, by the initial case management order entered November 12, 2019, Docket Entry No. 58, the Court scheduled a subsequent case management conference call for August 26, 2020, at 10:00 a.m. Signed by Magistrate Judge Barbara D. Holmes on 7/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 89
ORDER granting #85 Motion for Mark C. Nielsen to Appear Pro Hac Vice. Signed by Vicki R. Kinkade, Acting Clerk of Court on 7/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Main Document 89 replaced on 7/17/2020) (am).
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| DC State Bar status verified as active for Mark C. Nielsen. (am) |
| Filing 88 Joint Case Resolution Status Report by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
| Filing 87 MOTION (Unopposed) to Extend Class Certification Briefing Schedule by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) Modified on 6/26/2020 (vh). |
| Filing 86 DECLARATION of Mark C. Nielsen filed by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation re: #85 MOTION for attorney Mark C. Nielsen to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3160112), Annotation - Deficiency Notice,,. (Crowell, Daniel) |
| NOTICE TO FILER re DE#85 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk) |
| Filing 85 MOTION for attorney Mark C. Nielsen to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3160112) by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Crowell, Daniel) |
| Filing 84 RESPONSE to Motion re #83 MOTION for Leave to to to File Supplemental Authority re #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
| Filing 83 MOTION for Leave to File Supplemental Authority re #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Attachments: #1 Exhibit 1)(Cerrone, Stacey) Modified Text on 6/16/2020 (am). |
| Filing 82 RESPONSE to Motion re #81 MOTION for Leave to to File Supplemental Authority re #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
| Filing 81 MOTION for Leave to to File Supplemental Authority re #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc.. (Attachments: #1 Exhibit 1)(Cerrone, Stacey) |
| Filing 80 RESPONSE to Motion re #79 MOTION for Leave to File Notice of Supplemental Authority re #51 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
| Filing 79 MOTION for Leave to File Notice of Supplemental Authority re #51 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Decision in Moitoso v. FMR, LLC)(Golumbic, Lars) |
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Filing 78
ORDER: To accommodate the emergency COVID-19 restrictions and still move this case forward, counsel for the parties shall discuss the fullest possible utilization of written discovery. Signed by Magistrate Judge Barbara D. Holmes on 3/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 3/23/2020. (Tape #not recorded.) (Hearing lasted :20)(jwc) |
| Filing 77 RESPONSE filed by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. re #72 Notice (Other) filed by Perry Ayoob, Becky Kirk, Dawn Karzenoski / Defendants' Joint Response to Plaintiffs' Notice of Supplemental Authority. (Cerrone, Stacey) |
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Filing 76
ORDER granting #74 Motion for Howard Shapiro to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Filing 75 SUPPLEMENT filed by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. re #74 Motion to Appear Pro Hac Vice. (Cerrone, Stacey) |
| NOTICE TO FILER re DE#74 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk) |
| LA State Bar status verified as active for Howard Shapiro. (gb) |
| Filing 74 MOTION for attorney Howard Shapiro to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3101671) by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Cerrone, Stacey) |
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Filing 73
ORDER: By the Initial Case Management Order entered November 12, 2019 #58 the Court scheduled a subsequent case management conference to be held telephonically on March 18, 2020, at 10:00 a.m. Due to a conflict in the Court's calendar, that telephone conference is RESCHEDULED for 3:00 p.m., Monday, March 23, 2020. Plaintiffs' counsel shall initiate the call. Signed by Magistrate Judge Barbara D. Holmes on 3/5/2020. (gb)
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| Filing 72 NOTICE by Perry Ayoob, Dawn Karzenoski, Becky Kirk of Supplemental Authority (Attachments: #1 Attachment Sulyma v. Intel Corporation Investment Policy Committee)(Richter, Kai) |
| Filing 71 CERTIFICATE OF SERVICE by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation re #69 Reply to Response to Motion. (Golumbic, Lars) |
| NOTICE TO FILER re DE#69 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (gb) |
| Filing 70 NOTICE of Change of Address by Stacey C.S. Cerrone (Cerrone, Stacey) |
| Filing 69 REPLY to Response to Motion re #51 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Golumbic, Lars) |
| Filing 68 Joint MOTION Oral Argument re #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), #51 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by CHS/Community Health Systems, Inc., Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation, Retirement Committee of CHS/Community Health Systems, Inc. (Cerrone, Stacey) |
| Filing 67 REPLY to Response to Motion re #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) Reply Memorandum in Support of CHS/Defendants' Motion to Dismiss Plaintiffs' Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Cerrone, Stacey) |
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Filing 66
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Barbara D. Holmes on 12/17/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Filing 65 NOTICE by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. of Withdrawal of Attorney Howard Shapiro (Cerrone, Stacey) |
| Filing 64 RESPONSE in Opposition re #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) CHS Defendants filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment Declaration of Jacob Schutz, #2 Exhibit 1 - Mercer Manager Search Report, #3 Attachment Appendix Pursuant to Local Rule 7.01(d)(5))(Richter, Kai) |
| Filing 63 RESPONSE in Opposition re #51 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Principal Defendants filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment Appendix Pursuant to Local Rule 7.01(d)(5))(Richter, Kai) |
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Filing 62
ORDER: The District Judge is provided notice that on October 18, 2019, Defendant filed two motions to dismiss with supporting memorandum (Docket Nos. 49-53). The initial case management conference was held on November 1, 2019, and deadlines for dispositive motions are included in the Initial Case Management Order. ( #58 ). The Clerk is directed to forward the motion to the Honorable William L. Campbell, Jr., District Judge for his consideration of Defendant's motion to dismiss. Signed by Magistrate Judge Barbara D. Holmes on 11/26/19. (gb)
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Filing 61
ORDER: Plaintiffs must file their motion for class certification by no later than August 3, 2020. Defendants must file their responses by no later than September 14, 2020. Plaintiffs may file an optional reply, which shall not exceed 10 pages, by no later than October 5, 2020. Signed by Magistrate Judge Barbara D. Holmes on 11/14/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Filing 60 STIPULATION and [Proposed] Order for the Protection and Exchange of Confidential Information by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
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Filing 59
ORDER SETTING CASE FOR TRIAL: Bench Trial set for 10/26/2021 09:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Pretrial Conference set for 10/18/2021 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 10/11/2021. Witness List due by 10/11/2021. Proposed Pretrial Order due by 10/11/2021. Signed by District Judge William L. Campbell, Jr on 11/13/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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Filing 58
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 4/17/2020. Discovery due by 11/2/2020. Dispositive Motions due by 4/12/2021. Case Management Conference by Telephone set for 3/18/2020 at 10:00 AM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 11/12/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Case Management Conference held on 11/1/2019.; ORDER to enter (Tape #digital recording.) (Hearing lasted :56)(jwc) |
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Filing 57
ORDER granting #54 Motion for Elizabeth L. Woods to Appear Pro Hac Vice. Signed by Kirk L. Davies on 10/31/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| NOTICE TO FILER re DE#56 : This document has been scanned. Documents generated from a word processor (Word or WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (gb) |
| Filing 56 STIPULATION Regarding Satisfaction of Any Money Judgment by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Richter, Kai) |
| DC Bar status verified as active for Elizabeth L. Woods. (gb) |
| Filing 55 PROPOSED CASE MANAGEMENT ORDER filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Exhibit A - Format of Production)(Richter, Kai) |
| Filing 54 MOTION for attorney Elizabeth L. Woods to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3020832) by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Crowell, Daniel) |
| Filing 53 APPENDIX filed by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation re #51 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction. (Golumbic, Lars) |
| Filing 52 MEMORANDUM in Support of #51 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Declaration of Lars C. Golumbic, #2 Exhibit A, 2013 Investment Option Summary, #3 Exhibit B, 2014 Investment Option Summary, #4 Exhibit C, 2015 Investment Option Summary, #5 Exhibit D, 2016 Investment Option Summary, #6 Exhibit E, 2017 Investment Option Summary, #7 Exhibit F, 2018 Investment Option Summary, #8 Exhibit G, 2014 Service and Expense Agreement, #9 Exhibit H, 2014 Retirement Fee Summary, #10 Exhibit I, T. Rowe Price Retirement 2045 (Class A) Trust Fact Sheet, #11 Exhibit J, J.P. Morgan SmartRetirement 2045 Fund, #12 Exhibit K, Callan GlidePath 2045 Fund, #13 Exhibit L, Schwab Managed Retirement Trust Fund 2045, #14 Exhibit M, Mutual Contract Agreement, #15 Exhibit N, Kirk Account Statement)(Golumbic, Lars) |
| Filing 51 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Golumbic, Lars) |
| Filing 50 MEMORANDUM in Support of #49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Attachments: #1 Attachment Decl. of Lindsey Chopin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N) (Cerrone, Stacey) |
| Filing 49 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Cerrone, Stacey) |
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Filing 48
ORDER granting #47 Motion for Kara P. Wheatley to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/30/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| DC Bar status verified as active for Kara P. Wheatley. (gb) |
| Filing 47 MOTION for attorney Kara P. Wheatley to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3000693) by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Crowell, Daniel) |
| Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 9/9/2019. (Tape #not recorded.) (Hearing lasted :30)(jwc) |
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Filing 46
ORDER granting #19 Motion for Extension of Time to Answer the #1 Complaint. The time for Defendants to answer or otherwise respond to the complaint is extended to and including October 18, 2019. Upon the request of CHS Defendants counsel that the initial case management conference presently scheduled for September 30, 2019 be rescheduled due to a conflict with Rosh Hashana, the initial case management conference is RESCHEDULED for November 1, 2019, at 10:00 a.m. (CT) in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. Signed by Magistrate Judge Barbara D. Holmes on 9/9/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 45
ORDER granting #31 Motion for Angel A. West to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/9/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 44
ORDER granting #30 Motion for Leslie C. Behaunek to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/9/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 43
ORDER granting #41 Motion for Samuel I. Levin to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/9/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 42
ORDER granting #40 Motion for Lars C. Golumbic to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/9/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Set/Reset Hearings: Initial Case Management Conference reset for 11/1/2019 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (dt) |
| DC State Bar status verified as active for Samuel I. Levin and Lars C. Golumbic. (gb) |
| Filing 41 MOTION for attorney Samuel I. Levin to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2986471) by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Crowell, Daniel) |
| Filing 40 MOTION for attorney Lars C. Golumbic to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2986458) by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Crowell, Daniel) |
| Filing 39 SUMMONS returned executed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. Principal Life Insurance Company served on 8/20/2019. (Richter, Kai) |
| Filing 38 SUMMONS returned executed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. Principal Management Corporation served on 8/20/2019. (Richter, Kai) |
| Filing 37 SUMMONS returned executed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. Principal Global Investors, LLC served on 8/20/2019. (Richter, Kai) |
| Filing 36 SUMMONS returned executed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. CHS/Community Health Systems, Inc. served on 8/21/2019. (Richter, Kai) |
| Filing 35 SUMMONS returned executed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. Retirement Committee of CHS/Community Health Systems, Inc. served on 8/21/2019. (Richter, Kai) |
| IA State Bar status verified as active for Angel A. West and Leslie C. Behaunek. (gb) |
| Filing 34 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Principal Life Insurance Company. (Attachments: #1 Exhibit Additional Information)(Crowell, Daniel) |
| Filing 33 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Principal Global Investors, LLC. (Attachments: #1 Exhibit Additional Information)(Crowell, Daniel) |
| Filing 32 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Principal Management Corporation. (Attachments: #1 Exhibit Articles of Dissolution)(Crowell, Daniel) |
| Filing 31 MOTION for attorney Angel A. West to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2985289) by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Crowell, Daniel) |
| Filing 30 MOTION for attorney Leslie C. Behaunek to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2985248) by Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Crowell, Daniel) |
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Filing 29
ORDER granting #17 Motion for Stacey C.S. Cerrone to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/3/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 28
ORDER granting #16 Motion for Lindsey H. Chopin to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/3/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 27
ORDER granting #15 Motion for Howard Shapiro to Appear Pro Hac Vice. Signed by Kirk L. Davies on 9/3/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Filing 26 NOTICE of Hearing: Telephone Conference for discussion of the schedule proposed in Defendants' motion, DE19 set for 9/9/2019 10:00 AM before Magistrate Judge Barbara D. Holmes. (gb) |
| Filing 25 BUSINESS ENTITY DISCLOSURE STATEMENT filed by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Cate, George) |
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Filing 24
ORDER granting #11 Motion for Kai H. Richter to Appear Pro Hac Vice. Signed by Kirk L. Davies on 8/30/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 23
ORDER granting #10 Motion for Jacob T. Schutz to Appear Pro Hac Vice. Signed by Kirk L. Davies on 8/30/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 22
ORDER granting #9 Motion for Paul J. Lukas to Appear Pro Hac Vice. Signed by Kirk L. Davies on 8/30/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 21
ORDER granting #8 Motion for Carl F. Engstrom to Appear Pro Hac Vice. Signed by Kirk L. Davies on 8/30/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 20
ORDER granting #7 Motion for Brock J. Specht to Appear Pro Hac Vice. Signed by Kirk L. Davies on 8/30/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| LA State Bar status verified as active for Howard Shapiro, Stacey C.S. Cerrone and Lindsey H. Chopin. (gb) |
| Filing 19 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint by CHS/Community Health Systems, Inc., Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation, Retirement Committee of CHS/Community Health Systems, Inc. (Cate, George) Modified on 9/9/2019 (dt). |
| Filing 18 BUSINESS ENTITY DISCLOSURE STATEMENT filed by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Cate, George) |
| Filing 17 MOTION for attorney Stacey C.S. Cerrone to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2982475) by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Attachments: #1 Attachment Certificate of Good Standing)(Cate, George) |
| Filing 16 MOTION for attorney Lindsey H. Chopin to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2982465) by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Attachments: #1 Attachment Certificate of Good Standing)(Cate, George) |
| Filing 15 MOTION for attorney Howard Shapiro to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2982455) by CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Attachments: #1 Attachment Certificate of Good Standing)(Cate, George) |
| Filing 14 NOTICE of Appearance by Jeffrey W. Sheehan on behalf of CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Sheehan, Jeffrey) |
| Filing 13 NOTICE of Appearance by George H. Cate, III on behalf of CHS/Community Health Systems, Inc., Retirement Committee of CHS/Community Health Systems, Inc. (Cate, George) |
| TN State Bar status verified as active for George H. Cate, III, Jeffrey W. Sheehan, Daniel Caden Crowell and Leslie Goff Sanders. (gb) |
| Filing 12 NOTICE of Appearance by Daniel Caden Crowell on behalf of Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation (Crowell, Daniel) |
| Filing 11 MOTION for attorney Kai H. Richter to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2974946) by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment - Certificate of Good Standing for Kai H. Richter)(Martin, Jerry) |
| Filing 10 MOTION for attorney Jacob T. Schutz to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2974930) by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment - Certificate of Good Standing for Jacob T. Schutz)(Martin, Jerry) |
| Filing 9 MOTION for attorney Paul J. Lukas to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2974899) by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment - Certificate of Good Standing for Paul J. Lukas)(Martin, Jerry) |
| Filing 8 MOTION for attorney Carl F. Engstrom to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2974875) by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment Certificate of Good Standing for Carl F. Engstrom)(Martin, Jerry) |
| Filing 7 MOTION for attorney Brock J. Specht to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2974854) by Perry Ayoob, Dawn Karzenoski, Becky Kirk. (Attachments: #1 Attachment - Certificate of Good Standing for Brock J. Specht)(Martin, Jerry) |
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Filing 6
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 8/13/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| NOTICE TO COUNSEL Kai H. Richter, Paul J. Lukas, Carl F. Engstrom, Brock J. Specht, Jacob T. Schutz: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 9/3/2019. (gb) |
| Filing 5 Summons issued as to CHS/Community Health Systems, Inc., Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation and Retirement Committee of CHS/Community Health Systems, Inc.. (gb) |
| Filing 4 NOTICE of Initial Case Management Conference set for 9/30/2019 at 10:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (gb) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (gb) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb) |
| Filing 1 COMPLAINT against CHS/Community Health Systems, Inc., John and Jane Does 1-20, Principal Global Investors, LLC, Principal Life Insurance Company, Principal Management Corporation, Retirement Committee of CHS/Community Health Systems, Inc. (Filing fee paid $400, Receipt number 0650-2968667), filed by Perry Ayoob, Dawn Karzenoski, Becky Kirk. Service copies will be returned to counsel by mail. (Attachments: #1 Attachment Civil Cover Sheet)(gb) |
| TN State Bar status verified as active for Jerry E. Martin and David W. Garrison. MN State Bar status verified as active for Kai H. Richter, Paul J. Lukas, Carl F. Engstrom, Brock J. Specht and Jacob T. Schutz. (gb) |
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