Phillips et al v. Boilermaker-Blacksmith National Pension Trust et al
Plaintiff: Michael Egger, Kevin D. Murphy, Thomas Allen Phillips and William Lofthouse
Defendant: Lawrence J. McManamon, Boilermaker-Blacksmith National Pension Trust, Mark Vandiver, Scott Anderson, John T. Fultz, Lyndal Turner, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Mike Hidas, Boilermaker National Health and Welfare Fund and Board of Trustees of the Boilermakers National Health and Welfare Fund
Case Number: 2:2019cv02402
Filed: July 17, 2019
Court: US District Court for the District of Kansas
Presiding Judge: Daniel D Crabtree
Referring Judge: Toby Crouse
2 Judge: Kenneth G Gale
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2023 Opinion or Order Filing 262 NOTICE of Telephone Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Telephone Conference set for 5/9/2023 at 01:30 PM by Telephone TC - CONFERENCE LINE 1-877-402-9753 ACCESS CODE 6722344 before District Judge Toby Crouse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ta)
April 20, 2023 Opinion or Order Filing 261 ORDER ENTERED: Defendants' motion for judgment on the pleadings, Doc. #111 , is GRANTED in part and DENIED in part. The Health Fund Defendants are granted judgment on all claims against them. The Pension Defendants are granted judgment on Count VIII and on portions of Counts II and III. The Pension Defendants' motion is denied in all other respects. Further, Plaintiffs' informal requests for oral argument, Doc. #123 , and for supplemental briefing, see Doc. #138 , are DENIED. Signed by District Judge Toby Crouse on 4/20/2023. (jal)
March 20, 2023 Opinion or Order Filing 260 RESPONSE to #259 Notice of Supplemental Authority,, by Plaintiff Thomas Allen Phillips. (Siro, Rik)
March 15, 2023 Opinion or Order Filing 259 NOTICE OF SUPPLEMENTAL AUTHORITY by All Defendants re: MOTION for Judgment on the Pleadings #111 filed by Defendant Boilermaker National Health and Welfare Fund, Defendant John T. Fultz, Defendant Boilermaker-Blacksmith National Pension Trust, Defendant Scott Anderson, Defendant Mark Vandiver, Defendant Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Defendant Mike Hidas, Defendant Board of Trustees of the Boilermakers National Health and Welfare Fund, Defendant Lawrence J. McManamon, Defendant Lyndal Turner (Gregorio, Neil)
October 3, 2022 Opinion or Order Filing 258 MINUTE ENTRY for proceedings held before District Judge Toby Crouse: TELEPHONE CONFERENCE held on 10/3/2022. (Court Reporter Sherry Harris.) (ta)
September 29, 2022 Opinion or Order Filing 257 NOTICE of CORRECTION in Location of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Telephone Conference set for 10/3/2022 at 12:00 PM by Telephone TC - CONFERENCE LINE 1-877-402-9753 ACCESS CODE 6722344 before District Judge Toby Crouse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ta)
September 27, 2022 Opinion or Order Filing 256 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Telephone Conference set for 10/3/2022 at 12:00 PM in Topeka Courtroom 401 (TC) before District Judge Toby Crouse. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta)
June 9, 2022 Opinion or Order Filing 255 NOTICE OF SUPPLEMENTAL AUTHORITY by Mark Vandiver, Boilermaker National Health and Welfare Fund, Board of Trustees of the Boilermakers National Health and Welfare Fund, John T. Fultz, Lyndal Turner, Lawrence J. McManamon, Boilermaker-Blacksmith National Pension Trust, Mike Hidas, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Scott Anderson re: MOTION for Judgment on the Pleadings #111 filed by Defendant Boilermaker National Health and Welfare Fund, Defendant John T. Fultz, Defendant Boilermaker-Blacksmith National Pension Trust, Defendant Scott Anderson, Defendant Mark Vandiver, Defendant Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Defendant Mike Hidas, Defendant Board of Trustees of the Boilermakers National Health and Welfare Fund, Defendant Lawrence J. McManamon, Defendant Lyndal Turner (Attachments: #1 Attachment)(Gregorio, Neil)
March 7, 2022 Opinion or Order Filing 254 RESPONSE to #253 Notice of Supplemental Authority,,, by Plaintiff Thomas Allen Phillips. (Siro, Rik)
March 7, 2022 Opinion or Order Filing 253 NOTICE OF SUPPLEMENTAL AUTHORITY by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re: MOTION for Judgment on the Pleadings #111 filed by Defendant Boilermaker National Health and Welfare Fund, Defendant John T. Fultz, Defendant Boilermaker-Blacksmith National Pension Trust, Defendant Scott Anderson, Defendant Mark Vandiver, Defendant Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Defendant Mike Hidas, Defendant Board of Trustees of the Boilermakers National Health and Welfare Fund, Defendant Lawrence J. McManamon, Defendant Lyndal Turner (Gregorio, Neil)
February 23, 2022 Opinion or Order Filing 252 CERTIFICATE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' Third Set of Interrogatories and Defendants' Responses and Objections to Plaintiffs' Ninth Request for Production of Documents by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
February 1, 2022 Opinion or Order Filing 251 REPLY TO RESPONSE TO MOTION by Plaintiff Thomas Allen Phillips re: #243 Motion to Strike, in further support of Motion to Strike Paragraph 1 of Defendants' Motion to Correct Typographical Error (Doc. 241) (Siro, Rik)
January 26, 2022 Opinion or Order Filing 250 ORDER STAYING DISCOVERY. Signed by Magistrate Judge Kenneth G. Gale on 1/26/2022. (tl)
January 26, 2022 Opinion or Order MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: STATUS CONFERENCE held on 1/26/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
January 24, 2022 Opinion or Order Filing 249 CERTIFICATE OF SERVICE of Plaintiff's Third Set of Interrogatories and Ninth Set of Requests for Production to Defendant by Thomas Allen Phillips. (Siro, Rik)
January 19, 2022 Opinion or Order Filing 248 REPLY TO RESPONSE TO MOTION by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re: #241 Motion to Amend/Correct Document, - Reply Memorandum in Further Support of Motion to Correct Typographical Error #241 (Gregorio, Neil)
January 19, 2022 Opinion or Order Filing 247 MEMORANDUM IN OPPOSITION by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #243 MOTION to Strike #241 MOTION to Amend/Correct #224 Response to Motion, - Motion for Leave to Correct Typographical Error - Striking Paragraph 1 - Memorandum in Opposition to Motion to Strike #243 (Gregorio, Neil)
January 19, 2022 Opinion or Order Filing 246 MEMORANDUM AND ORDER denying #221 Motion to Compel Documents Responsive to Plaintiffs' Sixth Set of Requests for Production. Signed by Magistrate Judge Kenneth G. Gale on 1/19/2022. (tl)
January 17, 2022 Opinion or Order Filing 245 CERTIFICATE OF SERVICE of Defendants' Responses and Objections to Plaintiffs' Eighth Set of Requests for Production, Second Set of Interrogatories, and Second Set of Requests for Admission by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
January 11, 2022 Opinion or Order Filing 244 ORDER granting #239 Motion for Status Conference. Status Conference set for 1/26/2022 at 02:00 PM by Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. The parties are furthered ordered to send one joint email to chambers by 01/24/2022. The email should set forth the topics to be discussed and indicate the parties' position on each issue. Signed by Magistrate Judge Kenneth G. Gale on 1/11/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
January 5, 2022 Opinion or Order Filing 243 MOTION to Strike Paragraph 1 of #241 MOTION to Amend/Correct #224 Response to Motion, - Motion for Leave to Correct Typographical Error by Plaintiff Thomas Allen Phillips (Siro, Rik) (Modified on 1/6/2022 to correct title. (heo))
January 5, 2022 Opinion or Order Filing 242 RESPONSE by Plaintiff Thomas Allen Phillips re #241 Motion to Amend/Correct Document, (Siro, Rik)
January 5, 2022 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #243 MOTION to Strike #241 MOTION to Amend/Correct #224 Response to Motion, - Motion for Leave to Correct Typographical Error - Striking Paragraph 1. The motion will be resolved by the District Judge. (tl)
December 23, 2021 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #241 MOTION to Amend/Correct #224 Response to Motion, - Motion for Leave to Correct Typographical Error. The motion will be resolved by the District Judge. (df)
December 22, 2021 Opinion or Order Filing 241 MOTION to Amend/Correct #224 Response to Motion, - Motion for Leave to Correct Typographical Error by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Gregorio, Neil)
December 22, 2021 Opinion or Order Filing 240 REPLY TO RESPONSE TO MOTION by Plaintiff Thomas Allen Phillips re: #221 Motion to Compel DOCUMENTS RESPONSIVE TO PLAINTIFFS' SIXTH SET OF REQUESTS FOR PRODUCTION (Attachments: #1 Exhibit A, #2 Exhibit B)(Siro, Rik)
December 21, 2021 Opinion or Order Filing 239 MOTION for Scheduling a Status Conference by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Gregorio, Neil) Modified on 12/22/2021 to correct event used (hw).
December 16, 2021 Opinion or Order Filing 238 RESPONSE to #236 Notice of Supplemental Authority by Plaintiff Thomas Allen Phillips. (Siro, Rik)
December 10, 2021 Opinion or Order Filing 237 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Rule 30(b)(6) Designee(s) of Defendants Boilermaker-Blacksmith National Pension Trust and Board of Trustees on December 16, 2021 (Siro, Rik)
December 9, 2021 Opinion or Order Filing 236 NOTICE OF SUPPLEMENTAL AUTHORITY by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re: MOTION for Judgment on the Pleadings #111 filed by Defendant Boilermaker National Health and Welfare Fund, Defendant John T. Fultz, Defendant Boilermaker-Blacksmith National Pension Trust, Defendant Scott Anderson, Defendant Mark Vandiver, Defendant Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Defendant Mike Hidas, Defendant Board of Trustees of the Boilermakers National Health and Welfare Fund, Defendant Lawrence J. McManamon, Defendant Lyndal Turner, MOTION for Review Magistrate Order Denying Plaintiffs' Motion to Compel #214 filed by Plaintiff Thomas Allen Phillips (Gregorio, Neil)
December 9, 2021 Opinion or Order Filing 235 SEALED EXHIBIT(S) IN SUPPORT of #231 Memorandum in Opposition to Motion,,, Exhibit C to Plaintiffs' Brief in Opposition to Plaintiffs' Motion to Compel Documents Responsive to Plaintiffs' Sixth Set of Requests by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver(Gregorio, Neil)
December 9, 2021 Opinion or Order Filing 234 SEALED EXHIBIT(S) IN SUPPORT of #231 Memorandum in Opposition to Motion,,, Exhibit B to Plaintiffs' Brief in Opposition to Plaintiffs' Motion to Compel Documents Responsive to Plaintiffs' Sixth Set of Requests by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver(Gregorio, Neil)
December 9, 2021 Opinion or Order Filing 233 MEMORANDUM AND ORDER granting #232 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by Magistrate Judge Kenneth G. Gale on 12/09/21. (tl)
December 8, 2021 Opinion or Order Filing 232 SEALED MOTION for Leave to File Under Seal - Defendants' Motion to File Documents in Support of Their Brief in Opposition to Plaintiffs' Motion to Compel Documents Responsive to Plaintiffs' Sixth Set of Requests for Production Under Seal by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit B, #2 Exhibit C)(Gregorio, Neil)
December 8, 2021 Opinion or Order Filing 231 MEMORANDUM IN OPPOSITION by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #221 MOTION to Compel Documents Responsive to Plaintiffs' Sixth Set of Request for Production (Attachments: #1 Affidavit Declaration of Kathleen Nandan in Support of Defendants' Brief in Opposition to Plaintiffs' Motion to Compel Documents Responsive to Plaintiffs' Sixth Set of Requests for Production, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Gregorio, Neil) (Modified on 12/8/2021 to remove duplicate text. (heo))
December 8, 2021 Opinion or Order Filing 230 REPLY TO RESPONSE TO MOTION by Plaintiff Thomas Allen Phillips re: #214 Motion for Review Order Denying Plaintiffs' Motion to Compel (Attachments: #1 Exhibit A)(Siro, Rik)
December 3, 2021 Opinion or Order Filing 229 CERTIFICATE OF SERVICE of PLAINTIFFS' SECOND SET OF INTERROGATORIES, SECOND SET OF REQUESTS FOR ADMISSIONS AND EIGHTH SET OF REQUESTS FOR PRODUCTION TO DEFENDANT by Thomas Allen Phillips. (Siro, Rik)
November 29, 2021 Opinion or Order Filing 228 ORDER granting #227 Motion for Extension of Time to File Reply as to #214 MOTION for Review Magistrate Order Denying Plaintiffs' Motion to Compel . Reply deadline 12/8/2021. Signed by District Judge Toby Crouse on 11/29/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Modified on 11/30/2021 (ta) to reflect "reply" and not "response".
November 24, 2021 Opinion or Order Filing 227 Unopposed MOTION for Extension of Time to File Reply as to #214 MOTION for Review Magistrate Order Denying Plaintiffs' Motion to Compel by Plaintiff Thomas Allen Phillips. (Siro, Rik)
November 24, 2021 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #227 Unopposed MOTION for Extension of Time to File Reply as to #214 MOTION for Review Magistrate Order Denying Plaintiffs' Motion to Compel . The motion will be resolved by the District Judge. (tl)
November 18, 2021 Opinion or Order Filing 226 ORDER granting #225 Unopposed Motion for Extension of Time to File Response as to #221 MOTION to Compel Documents Responsive to Plaintiffs' Sixth Set of Request for Production. Response deadline is extended 12/8/2021. Signed by Magistrate Judge Kenneth G. Gale on 11/18/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
November 18, 2021 Opinion or Order Filing 225 Unopposed MOTION for Extension of Time to File Response as to #221 MOTION to Compel Documents Responsive to Plaintiffs' Sixth Set of Request for Production by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Kakazu, Nathan)
November 17, 2021 Opinion or Order Filing 224 RESPONSE by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #214 Motion for Review Magistrate Order Denying Plaintiffs' Motion to Compel (Gregorio, Neil)
November 16, 2021 Opinion or Order Filing 223 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Scott Anderson on 12/02/2021 (Siro, Rik)
November 10, 2021 Opinion or Order Filing 222 CERTIFICATE OF SERVICE of Defendant's Responses and Objections to Plaintiffs' Seventh Set of Request for Production of Documents, Defendant's Responses to Plaintiffs' First Interrogatories, and Defendant's Responses and Objections to Plaintiffs' First Request for Admissions by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
November 10, 2021 Opinion or Order Filing 221 MOTION to Compel Documents Responsive to Plaintiffs' Sixth Set of Request for Production by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit A)(Siro, Rik)
November 9, 2021 Opinion or Order Filing 220 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Ronnie Traxler on 11/16/2021 (Siro, Rik)
November 4, 2021 Opinion or Order Filing 219 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Scott Anderson on 11/18/2021 (Siro, Rik)
November 3, 2021 Opinion or Order Filing 218 ORDER granting #216 Defendants' Motion for Extension of Time to File Response as to #214 MOTION for Review Magistrate Order Denying Plaintiffs' Motion to Compel. Response deadline 11/17/2021. Signed by District Judge Toby Crouse on 11/3/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta)
November 3, 2021 Opinion or Order Filing 217 NOTICE of Change of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS CONFERENCE (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) The Telephone Conference has been reset for 11/3/2021 at 03:00 PM by Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. (tl)
November 3, 2021 Opinion or Order Filing 216 Unopposed MOTION for Extension of Time to File Response as to #214 MOTION for Review Magistrate Order Denying Plaintiffs' Motion to Compel by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Gregorio, Neil)
November 3, 2021 Opinion or Order Filing 215 NOTICE of Conference: THIS IS AN OFFICIAL NOTICE FOR THIS CONFERENCE (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference set for 11/3/2021 at 03:30 PM by Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. (tl)
November 3, 2021 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #216 Unopposed MOTION for Extension of Time to File Response as to #214 MOTION for Review Magistrate Order Denying Plaintiffs' Motion to Compel . The motion will be resolved by the District Judge.(tl)
October 27, 2021 Opinion or Order Filing 214 MOTION for Review Magistrate Order Denying Plaintiffs' Motion to Compel by Plaintiff Thomas Allen Phillips (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siro, Rik)
October 21, 2021 Opinion or Order Filing 213 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Ronnie Traxler on 11/10/2021 (Siro, Rik)
October 14, 2021 Opinion or Order Filing 212 ORDER granting #211 Motion for Extension of Time for Plaintiffs to Contact the Court Regarding Motion to Compel Production of Documents Sought in Plaintiffs' Sixth Set of Requests for Production. The deadline to file the motion to compel is extended to 11/12/21. There is no deadline for the parties to contact the Court regarding the Motion. Signed by Magistrate Judge Kenneth G. Gale on 10/14/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
October 13, 2021 Opinion or Order Filing 211 Joint MOTION for extension of time for Plaintiffs to Contact the Court Regarding Motion to Compel Production of Documents Sought in Plaintiffs' Sixth Set of Requests for Productions (SECOND) by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
October 12, 2021 Opinion or Order Filing 210 ORDER granting #209 Motion for Extension of Time for Plaintiffs to Object to Order on Motion to Compel. Signed by District Judge Toby Crouse on 10/12/2021. (jal)
October 8, 2021 Opinion or Order Filing 209 Joint MOTION for extension of time and Stipulation to Extend the Time for Plaintiffs to Object to Order on Motion to Compel (Doc. 207) by Plaintiff Thomas Allen Phillips. (Siro, Rik)
October 8, 2021 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #209 Joint MOTION for extension of time and Stipulation to Extend the Time for Plaintiffs to Object to Order on Motion to Compel (Doc. 207). The motion will be resolved by the District Judge.(tl)
October 4, 2021 Opinion or Order Filing 208 CERTIFICATE OF SERVICE of Plaintiffs' First Set of Interrogatories, Seventh Set of Requests for Production, and First Set of Request for Admissions to Defendants by Thomas Allen Phillips. (Siro, Rik) Modified title to remove all capital letters on 10/4/2021 (ca).
September 29, 2021 Opinion or Order Filing 207 MEMORANDUM AND ORDER denying #180 Motion to Compel. Signed by Magistrate Judge Kenneth G. Gale on 9/29/21. (tl)
September 24, 2021 Opinion or Order Filing 206 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Rule 30(b)(6) of Designee(s) of Defendants Boilermaker-Blacksmith National Pension Trust and Board of Trustees of the Boilermaker-Blacksmith National Pension Trust on 10/20/2021 (Siro, Rik)
September 16, 2021 Opinion or Order Filing 205 ORDER granting, for good cause, #204 Motion for Extension of Time to File. The deadline for Plaintiffs to file a 'motion to compel production of documents sought in Plaintiffs' sixth set of requests for production' has been extended to 10/13/21. Signed by Magistrate Judge Kenneth G. Gale on 9/16/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
September 15, 2021 Opinion or Order Filing 204 Joint MOTION for extension of time FOR PLAINTIFFS TO MOVE TO COMPEL PRODUCTION OF DOCUMENTS SOUGHT IN PLAINTIFFS' SIXTH SET OF REQUESTS FOR PRODUCTION by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
September 13, 2021 Opinion or Order Filing 203 SECOND AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Charlie Schwartz on 09/15/2021 (Siro, Rik) (Modified on 9/14/2021 to correct title. (heo))
September 13, 2021 Opinion or Order Filing 202 THIRD AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Richard Calcara on 09/14/2021 (Siro, Rik) (Modified on 9/14/2021 to correct title. (heo))
September 3, 2021 Opinion or Order Filing 201 REPLY TO RESPONSE TO MOTION by Plaintiff Thomas Allen Phillips re: #180 Motion to Compel, Documents that Defendants Claim are Privileged (Siro, Rik)
September 1, 2021 Opinion or Order Filing 200 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Richard Calcara on 09/14/21 (Siro, Rik)
August 25, 2021 Opinion or Order Filing 199 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Charlie Schwartz on 09/08/2021 (Siro, Rik)
August 25, 2021 Opinion or Order Filing 198 SECOND AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of John T. Fultz on 10/19/2021 (Siro, Rik) (Modified on 8/25/2021 to correct title. (heo))
August 23, 2021 Opinion or Order Filing 197 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Charlie Schwartz on 9/8/21 (Siro, Rik)
August 20, 2021 Opinion or Order Filing 196 SECOND AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Lawrence J. McManamon on 09/17/2021 (Siro, Rik) (Modified on 8/23/2021 to correct title. (heo))
August 16, 2021 Opinion or Order Filing 195 CERTIFICATE OF SERVICE of Defendants Objections and Responses to Plaintiffs Sixth Set of Requests for Production by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
August 12, 2021 Opinion or Order Filing 194 RESPONSE by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #180 Motion to Compel, (Gregorio, Neil)
August 4, 2021 Opinion or Order Filing 193 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Richard Calcara on 08/25/2021 (Siro, Rik)
August 4, 2021 Opinion or Order Filing 192 THIRD AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Beth Racki on 08/19/2021 (Siro, Rik) (Modified on 8/5/2021 to correct title. (heo))
July 23, 2021 Opinion or Order Filing 191 ORDER granting, for good cause shown, #190 unopposed Motion to extend briefing deadlines re #180 MOTION to Compel. Response deadline extended to 8/12/2021; reply deadline extended to 9/3/2021. Signed by Magistrate Judge Kenneth G. Gale on 7/23/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
July 22, 2021 Opinion or Order Filing 190 Unopposed MOTION for extension of time by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Kakazu, Nathan) (Modified on 7/23/2021 to correct ecf event. (heo))
July 22, 2021 Opinion or Order Filing 189 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Lawrence J. McManamon on 08/26/2021 (Siro, Rik)
July 22, 2021 Opinion or Order Filing 188 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of John T. Fultz on 08/24/2021 (Siro, Rik)
July 19, 2021 Opinion or Order Filing 187 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Stephanie Leiker on 08/20/2021 (Siro, Rik)
July 19, 2021 Opinion or Order Filing 186 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Natalie Miller on 08/18/2021 (Siro, Rik)
July 19, 2021 Opinion or Order Filing 185 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Justin Kathman on 08/17/2021 (Siro, Rik)
July 19, 2021 Opinion or Order Filing 184 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Richard Calcara on 08/06/2021 (Siro, Rik)
July 19, 2021 Opinion or Order Filing 183 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Lawrence J. McManamon on 08/04/2021 (Siro, Rik)
July 19, 2021 Opinion or Order Filing 182 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of John T. Fultz on 07/28/2021 (Siro, Rik)
July 15, 2021 Opinion or Order Filing 181 CERTIFICATE OF SERVICE of Plaintiffs' Sixth Set of Requests for Production to Defendant by Thomas Allen Phillips. (Siro, Rik)
July 8, 2021 Opinion or Order Filing 180 MOTION to Compel Documents that Defendants Claim are Privileged by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Siro, Rik)
July 1, 2021 Opinion or Order Filing 179 SECOND AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Beth Racki on 07/15/2021 (Siro, Rik) (Modified on 7/1/2021 to correct title. (heo))
July 1, 2021 Opinion or Order Filing 178 SECOND AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Nathan Terry on 07/12/2021 (Siro, Rik) (Modified on 7/1/2021 to correct title. (heo))
June 25, 2021 Opinion or Order Filing 177 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Nathan Terry on 07/15/2021 (Siro, Rik)
June 25, 2021 Opinion or Order Filing 176 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Beth Racki on 07/12/2021 (Siro, Rik)
June 9, 2021 Opinion or Order Filing 175 CERTIFICATE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' Fifth Set of Requests for Production by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
June 3, 2021 Opinion or Order Filing 174 AMENDED NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Mary Pierce on July 14, 2021 (Siro, Rik)
June 1, 2021 Opinion or Order Filing 173 STIPULATION AND ORDER regarding waiver of privilege. Signed by Magistrate Judge Kenneth G. Gale on June 1, 2021. (df)
May 28, 2021 Opinion or Order Filing 172 STIPULATION And Joint Motion Regarding Production of Documents at Depositions Over Which Defendants Have Asserted Privilege by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
May 26, 2021 Opinion or Order Filing 171 NOTICE of Filing Exhibit 4 to Doc. 124 Under Seal by Thomas Allen Phillips (Siro, Rik)
May 26, 2021 Opinion or Order Filing 170 SEALED EXHIBIT(S) No. 4 re #124 Affidavit (Siro, Rik)
May 21, 2021 Opinion or Order Filing 169 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Christine King on July 13, 2021 (Siro, Rik)
May 21, 2021 Opinion or Order Filing 168 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Janae Schaefer on June 8, 2021 (Siro, Rik)
May 21, 2021 Opinion or Order Filing 167 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Curtis Barnhill on June 4, 2021 (Siro, Rik)
May 21, 2021 Opinion or Order Filing 166 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Len Beauchamp on June 3, 2021 (Siro, Rik)
May 21, 2021 Opinion or Order Filing 165 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Martin Walter on June 2, 2021 (Siro, Rik)
May 21, 2021 Opinion or Order Filing 164 ORDER granting #143 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by District Judge Toby Crouse on 5/21/2021. (jal)
May 17, 2021 Opinion or Order Filing 163 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Beth Racki on 05/27/2021 (Siro, Rik)
May 17, 2021 Opinion or Order Filing 162 NOTICE by Plaintiff Thomas Allen Phillips of taking deposition of Mary Pierce on 05/26/2021 (Siro, Rik)
April 26, 2021 Opinion or Order Filing 161 CERTIFICATE OF SERVICE of Plaintiffs' Fifth Set of Requests for Production by Thomas Allen Phillips. (Siro, Rik)
April 20, 2021 Opinion or Order Filing 160 STIPULATION AND ORDER Regarding Assertions of Privilege at Deposition. Signed by Magistrate Judge Kenneth G. Gale on 4/20/21. (aw)
April 20, 2021 Opinion or Order Filing 159 ORDER STRIKING re #158 Stipulation and Proposed Order Regarding Asserts of Privilege. Proposed Orders are not filed, but should be submitted as an attachment in Word format and e-mailed to KSD_Gale_Chambers@ksd.uscourts.gov. Signed by deputy clerk on 4/20/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aw)
April 20, 2021 Opinion or Order Filing 158 (STRICKEN per DE 159) -- STIPULATION AND PROPOSED ORDER REGARDING ASSERTIONS OF PRIVILEGE AT DEPOSITION by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Gregorio, Neil) Modified on 4/20/2021, see DE 159. (mam)
April 15, 2021 Opinion or Order Filing 157 STATUS REPORT by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
March 9, 2021 Opinion or Order Filing 156 ORDER granting #155 Motion to Lift Stay. Scheduling issues will be resolved by additional order of the Court. Signed by Magistrate Judge Kenneth G. Gale on 3/9/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
March 9, 2021 Opinion or Order Filing 155 MOTION to Lift Stay by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
January 29, 2021 Opinion or Order Filing 154 ORDER granting #149 Motion to Stay Case. Parties will submit a joint status report on or before 4/15/2021 advising the Court about the status of mediation efforts and matters still pending before the Court. See attached Order. Signed by Magistrate Judge Kenneth G. Gale on 1/21/21. (aw)
January 26, 2021 Opinion or Order Filing 153 STIPULATION AND ORDER Regarding Waiver of Privilege. Granting #152 Stipulation and Joint Motion regarding production of documents at mediation. Signed by Magistrate Judge Kenneth G. Gale on 1/26/21. (aw)
January 25, 2021 Opinion or Order Filing 152 Joint MOTION by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Kakazu, Nathan)
January 20, 2021 Opinion or Order Filing 151 CERTIFICATE OF SERVICE of Plaintiffs Opposition To Defendants Motion To File Doc 125-3 [Doc. 150] by Thomas Allen Phillips re #150 Memorandum in Opposition to Motion. (Siro, Rik)
January 19, 2021 Opinion or Order Filing 150 MEMORANDUM IN OPPOSITION by Plaintiff Thomas Allen Phillips re #143 SEALED MOTION for Leave to File Under Seal Document 125-3 (Siro, Rik)
January 15, 2021 Opinion or Order Filing 149 MOTION to Stay Case Pending Private Mediation by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan) Modified event (per KGG chambers) and title on 1/19/2021 (ca).
January 14, 2021 Opinion or Order Filing 148 RESPONSE to #138 Notice of Additional Authorities by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Gregorio, Neil)
January 14, 2021 Opinion or Order Filing 147 ORDER granting #146 Joint Motion for Extension of Time to File Motion to Compel. The deadline to file such motion, if deemed necessary, is extended to and including February 12, 2021. Signed by Magistrate Judge Kenneth G. Gale on 1/14/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
January 13, 2021 Opinion or Order Filing 146 Joint MOTION for extension of time for Plaintiffs to Move to Compel Production of Documents on Defendants December 14, 2020 Privilege Log by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
January 12, 2021 Opinion or Order Filing 145 ORDER setting expedited briefing deadlines on #143 , Defendants' Motion to File Document 125-3 Under Seal. The parties have conferred, agreed to redactions, and publicly filed certain documents previously proposed for sealed filing. Docs. 139-142. The Court appreciates the parties' cooperation and efforts. One document, Doc. 125-3, remains in dispute, with Defendants seeking sealed filing and Plaintiffs not consenting to same. See Doc. #143 . Plaintiffs shall file their response in opposition to Doc. #143 no later than January 19, 2021, and Defendants shall file their reply, if any, no later than January 22, 2021. Signed by District Judge Toby Crouse on 1/12/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ta)
January 11, 2021 Opinion or Order Filing 144 NOTICE of Regarding Publicly Filed Documents by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #127 Response to Motion, (Attachments: #1 Exhibit 5, #2 Exhibit 8 (part 1), #3 Exhibit 8 (part 2), #4 Exhibit 9 (part 1), #5 Exhibit 9 (part 2))(Kakazu, Nathan)
January 11, 2021 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #143 SEALED MOTION for Leave to File Under Seal . The motion will be resolved by the District Judge.(df)
January 8, 2021 Opinion or Order Filing 143 SEALED MOTION for Leave to File Under Seal by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (Attachments: #1 Document 125-3)(Gregorio, Neil)
January 8, 2021 Opinion or Order Filing 142 NOTICE of re Filing Publicly Accessible Documents in Support of Plaintiffs' Class Certification and Opposition to Motion for Judgment on the Pleadings Pursuant to Court Order (Doc. 137) by Thomas Allen Phillips re #137 Order on Motion for Leave to File Under Seal,, (Siro, Rik)
January 8, 2021 Opinion or Order Filing 141 MEMORANDUM IN OPPOSITION by Plaintiff Thomas Allen Phillips re #111 MOTION for Judgment on the Pleadings (previously filed as Doc. 123) (Siro, Rik)
January 8, 2021 Opinion or Order Filing 140 EXHIBIT(S) IN SUPPORT of #123 Memorandum in Opposition by Plaintiff Thomas Allen Phillips Exhibits 3, 5, 7, and 8 to Declaration of Jennifer Kroll (Siro, Rik) Modified on 1/11/2021 to correct link (hw).
January 8, 2021 Opinion or Order Filing 139 EXHIBIT(S) IN SUPPORT of #100 MOTION to Certify Class by Plaintiff Thomas Allen Phillips Exhibit B to Declaration of Jennifer Kroll [Doc. 100-7] (Siro, Rik)
January 7, 2021 Opinion or Order Filing 138 NOTICE OF ADDITIONAL AUTHORITIES by Thomas Allen Phillips re #123 Memorandum in Opposition to Motion (Attachments: #1 Exhibit)(Siro, Rik)
December 21, 2020 Opinion or Order Filing 137 ORDER ENTERED: The Motions (No. #101 , #125 , and #128 ) are DENIED without prejudice. Signed by District Judge Toby Crouse on 12/18/2020. (jal)
December 10, 2020 Opinion or Order Filing 136 MINUTE ORDER REASSIGNING CASE. Case reassigned to District Judge Toby Crouse for all further proceedings. District Judge Daniel D. Crabtree no longer assigned to case. Signed by deputy clerk on 12/10/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kao)
November 20, 2020 Opinion or Order Filing 135 REPLY TO RESPONSE TO MOTION by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re: #111 Motion for Judgment on the Pleadings, (Gregorio, Neil)
November 20, 2020 Opinion or Order Filing 134 STIPULATION AND ORDER REGARDING PRODUCTION OF DOCUMENTS AS TO WHICH DEFENDANTS HAVE ASSERTED PRIVILEGE. Signed by Magistrate Judge Kenneth G. Gale on 11/20/20. (aw)
November 20, 2020 Opinion or Order Filing 133 STIPULATED ORDER RELATING TO DISCOVERY. Signed by Magistrate Judge Kenneth G. Gale on 11/20/20. (aw)
November 16, 2020 Opinion or Order Filing 132 REPLY TO RESPONSE TO MOTION by Plaintiff Thomas Allen Phillips re: #100 Motion to Certify Class in Further Support (Attachments: #1 Exhibit List, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12)(Siro, Rik)
November 12, 2020 Opinion or Order Filing 131 MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: TELEPHONE CONFERENCE held on 11/12/2020. (FTR recorded #10:00 - 10:32.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
November 9, 2020 Opinion or Order Filing 130 NOTICE OF TELEPHONE CONFERENCE: Telephone Conference set for 11/12/2020 at 10:00 AM (CST) before Magistrate Judge Kenneth G. Gale. Counsel should call CONFERENCE LINE 1-888-363-4749, enter ACCESS CODE 5407703. Counsel should provide a brief description of the issue for discussion sent as an e-mail to KSD_Gale_Chambers@ksd.uscourts.gov by noon on 11/10/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aw)
November 4, 2020 Opinion or Order MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: PRE-MOTION CONFERENCE held on 11/4/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
November 2, 2020 Opinion or Order Filing 129 INDEX OF EXHIBITS by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #127 Response to Motion,,, . (Gregorio, Neil)
November 2, 2020 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #128 SEALED MOTION for Leave to File Under Seal . The motion will be resolved by the District Judge.(df)
October 31, 2020 Opinion or Order Filing 128 SEALED MOTION for Leave to File Under Seal by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (Attachments: #1 Exhibit 5, #2 Exhibit 8 - Part 1, #3 Exhibit 8 - Part 2, #4 Exhibit 9)(Gregorio, Neil)
October 31, 2020 Opinion or Order Filing 127 RESPONSE by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #100 Motion to Certify Class (Attachments: #1 Declaration of Christine King, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 6, #7 Exhibit 7, #8 Declaration of Beth Racki, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Declaration of Kathleen Nandan, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Gregorio, Neil)
October 28, 2020 Opinion or Order Filing 126 NOTICE OF Pre-Motion CONFERENCE: Pre-Motion Conference set for 11/4/2020 at 01:30 PM by telephone before Magistrate Judge Kenneth G. Gale. Counsel who plan to participate should call CONFERENCE LINE 1-888-363-4749, enter ACCESS CODE 5407703. A brief joint description of the issue(s) for discussion should be sent as an e-mail to KSD_Gale_Chambers@ksd.uscourts.gov before 5:00 p.m. Monday, 11/2/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aw)
October 26, 2020 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #125 SEALED MOTION for Leave to File Under Seal Plaintiffs' Motion to file Unredacted Opposition to Defendants' Motion for Judgment on the Pleadings and Certain Exhibits to Declaration of Jennifer Kroll in Support of Plaintiffs' Oppositio. The motion will be resolved by the District Judge.(df)
October 23, 2020 Opinion or Order Filing 125 SEALED MOTION for Leave to File Under Seal Plaintiffs' Motion to file Unredacted Opposition to Defendants' Motion for Judgment on the Pleadings and Certain Exhibits to Declaration of Jennifer Kroll in Support of Plaintiffs' Opposition Under Seal by Plaintiff Thomas Allen Phillips (Attachments: #1 Proposed Sealed Document Plaintiffs' Unredacted Opposition to Defendants' Motion for Judgment on the Pleadings, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 7, #6 Exhibit 8)(Siro, Rik)
October 23, 2020 Opinion or Order Filing 124 AFFIDAVIT of Jennifer Kroll re #123 Memorandum in Opposition to Motion by Thomas Allen Phillips. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 6, #5 Exhibit 9)(Siro, Rik)
October 23, 2020 Opinion or Order Filing 123 MEMORANDUM IN OPPOSITION by Plaintiff Thomas Allen Phillips re #111 MOTION for Judgment on the Pleadings (Siro, Rik)
October 14, 2020 Opinion or Order Filing 122 MEMORANDUM AND ORDER granting #95 Motion to Compel. Signed by Magistrate Judge Kenneth G. Gale on 10/14/2020. (df)
October 14, 2020 Opinion or Order Filing 121 ORDER granting #120 Plaintiffs' Second Unopposed Motion for Extension of Deadlines Related to Defendants' #111 Motion for Partial Judgment on the Pleadings. Plaintiffs' Response deadline extended to 10/23/2020. Defendants' Reply deadline extended to 11/20/2020. Signed by District Judge Daniel D. Crabtree on 10/14/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
October 13, 2020 Opinion or Order Filing 120 Second MOTION for extension of time to File Response to #111 MOTION for Partial Judgment on the Pleadings by Plaintiff Thomas Allen Phillips (Siro, Rik) Modified to correct title, incorrect event used on 10/13/2020 (hw).
October 13, 2020 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #120 Second MOTION for extension of time of Deadlines Related to Defendants 12(c) Motion for Partial Judgment on the Pleadings (Doc. 111) - Unopposed. The motion will be resolved by the District Judge.(df)
September 30, 2020 Opinion or Order Filing 119 ORDER finding as moot #117 Motion to Expedite Briefing on #116 Motion to Reconsider. Signed by Magistrate Judge Kenneth G. Gale on 9/30/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
September 30, 2020 Opinion or Order Filing 118 MEMORANDUM AND ORDER denying #116 Motion for Reconsideration re #115 Order on #70 Motion to Compel. Signed by Magistrate Judge Kenneth G. Gale on 9/30/2020. (df)
September 25, 2020 Opinion or Order Filing 117 MOTION to Expedite Plaintiff's Motion for Reconsideration of the Court's Order Denying Motion to Compel [Doc. 115] by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
September 25, 2020 Opinion or Order Filing 116 MOTION for Reconsideration re #115 Order on Motion to Compel by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Siro, Rik)
September 22, 2020 Opinion or Order Filing 115 MEMORANDUM AND ORDER denying #70 Motion to Compel. Signed by Magistrate Judge Kenneth G. Gale on 9/22/2020. (df)
September 21, 2020 Opinion or Order Filing 114 ORDER granting #113 Plaintiffs' Unopposed Motion for Extension of Deadlines Related to Defendants' 12(c) Motion for Partial Judgment on the Pleadings. Response deadline extended to 10/16/2020. Reply deadline extended to 11/13/2020. Signed by District Judge Daniel D. Crabtree on 09/21/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
September 18, 2020 Opinion or Order Filing 113 Unopposed MOTION for extension of time of Deadline Related to Defendants' 12(c) Motion for Partial Judgment on the Pleadings by Plaintiff Thomas Allen Phillips (Siro, Rik)
September 18, 2020 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #113 Unopposed MOTION for extension of time of Deadline Related to Defendants' 12(c) Motion for Partial Judgment on the Pleadings. The motion will be resolved by the District Judge.(aw)
September 4, 2020 Opinion or Order Filing 112 MEMORANDUM IN SUPPORT of #111 MOTION for Judgment on the Pleadings by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver(Gregorio, Neil)
September 4, 2020 Opinion or Order Filing 111 MOTION for Partial Judgment on the Pleadings by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (Gregorio, Neil)
September 1, 2020 Opinion or Order Filing 110 REPLY TO RESPONSE TO MOTION by Plaintiff Thomas Allen Phillips re: #95 Motion to Compel in Further Support (Siro, Rik)
August 31, 2020 Opinion or Order Filing 109 SUPPLEMENTAL EXHIBIT(S) IN SUPPORT of #70 MOTION to Compel by Plaintiff Thomas Allen Phillips Supplemental. (Attachments: #1 Exhibit A, #2 Exhibit B)(Siro, Rik)
August 27, 2020 Opinion or Order Filing 108 ORDER granting #107 Motion for Extension of Deadline to call the Court regarding a motion to compel responses to Plaintiffs' Third Set of Requests for Production. Deadline extended to and including September 16, 2020. The Court notes that it will set a briefing schedule for such motion compel, if necessary, following the call with the Court. Signed by Magistrate Judge Kenneth G. Gale on 8/27/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
August 27, 2020 Opinion or Order Filing 107 Unopposed MOTION for extension of time for Plaintiffs to Move to Compel Production of Documents Sought in Plaintiffs' Third Set of Requests for Production by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
August 24, 2020 Opinion or Order Filing 106 CERTIFICATE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' First Interrogatories, Requests for Production of Documents and Requests for Admissions William Lofthouse by Michael Egger, Kevin D. Murphy, Thomas Allen Phillips. (Siro, Rik)
August 19, 2020 Opinion or Order Filing 105 MEMORANDUM AND ORDER granting in part #102 defendants' Motion for Extension of Time. Defendants' deadline to respond to plaintiffs' Motion for Class Certification (Doc. 100) is extended to October 31, 2020. Signed by District Judge Daniel D. Crabtree on 08/19/2020. (mig)
August 18, 2020 Opinion or Order Filing 104 MEMORANDUM IN OPPOSITION by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #95 MOTION to Compel Production of Settlement Agreement in Parallel Lawsuit (Attachments: #1 Declaration of Nathan Kakazu)(Kakazu, Nathan)
August 17, 2020 Opinion or Order Filing 103 MEMORANDUM IN OPPOSITION by Plaintiff Thomas Allen Phillips re #102 MOTION for extension of time (Siro, Rik)
August 14, 2020 Opinion or Order Filing 102 MOTION for extension of time by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (Attachments: #1 Exhibit A)(Gregorio, Neil)
August 14, 2020 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #102 MOTION for extension of time . The motion will be resolved by the District Judge.(df)
August 7, 2020 Opinion or Order Filing 101 SEALED MOTION for Leave to File Under Seal Exhibit B to the Declaration of Jennifer Kroll in Support of Plaintiffs' Motion for Class Certification [Doc. 100] by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Ex. B)(Siro, Rik)
August 7, 2020 Opinion or Order Filing 100 MOTION to Certify Class by Plaintiff Thomas Allen Phillips (Attachments: #1 Exhibit List, #2 Ex. 1, #3 Ex. 2, #4 Ex. 3, #5 Ex. 4, #6 Ex. 5, #7 Ex. 6)(Siro, Rik)
August 7, 2020 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #101 SEALED MOTION for Leave to File Under Seal Exhibit B to the Declaration of Jennifer Kroll in Support of Plaintiffs' Motion for Class Certification [Doc. 100]. The motion will be resolved by the District Judge.(df)
August 5, 2020 Opinion or Order Filing 99 SEALED EXHIBIT(S) IN SUPPORT of #95 MOTION to Compel Production of Settlement Agreement in Parallel Lawsuit by Plaintiff Thomas Allen Phillips (Siro, Rik)
August 5, 2020 Opinion or Order Filing 98 ORDER granting #97 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by Magistrate Judge Kenneth G. Gale on 8/5/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
August 4, 2020 Opinion or Order Filing 97 SEALED MOTION for Leave to File Under Seal Exhibit 11 to Declaration of Jennifer Kroll in Support of Plaintiffs' Motion to Compel Production of Defendants' Settlement Agreement in Parallel Lawsuit Under Seal by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit 11)(Siro, Rik)
August 4, 2020 Opinion or Order Filing 96 AFFIDAVIT of Jennifer Kroll re #95 MOTION to Compel Production of Settlement Agreement in Parallel Lawsuit by Plaintiff Thomas Allen Phillips (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Siro, Rik)
August 4, 2020 Opinion or Order Filing 95 MOTION to Compel Production of Settlement Agreement in Parallel Lawsuit by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
August 3, 2020 Opinion or Order Filing 94 CERTIFICATE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' Third Set of Requests for Production by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
July 29, 2020 Opinion or Order Filing 93 CERTIFICATE OF SERVICE of Defendants' First Interrogatories, Requests for Production and Requests for Admissions to Plaintiffs; and Subpoenas to Produce Documents, Information or Objects or Permit Inspection on Premises in a Civil Action by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Attachments: #1 Exhibit A)(Gregorio, Neil)
July 28, 2020 Opinion or Order Filing 92 AMENDED CERTIFICATE OF SERVICE of Plaintiff's Fourth Set of Requests for Production by Thomas Allen Phillips. (Siro, Rik)
July 28, 2020 Opinion or Order Filing 91 CERTIFICATE OF SERVICE of Plaintiff's Fourth Set of Requests for Production by Thomas Allen Phillips. (Siro, Rik)
July 24, 2020 Opinion or Order MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: PRE-MOTION CONFERENCE held on 7/24/2020. (This entry made for statistical purposes) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
July 22, 2020 Opinion or Order Filing 90 NOTICE OF PRE-MOTION CONFERENCE: Pre-Motion Conference set for 7/24/2020 at 09:30 AM (CDT) by telephone before Magistrate Judge Kenneth G. Gale. Counsel who plan to participate will call CONFERENCE LINE 1-888-363-4749, enter ACCESS CODE 5407703. A joint brief description of the issue(s) for discussion should be sent by e-mail to KSD_Gale_Chambers@ksd.uscourts.gov before 5:00 p.m. (CDT) today, 7/22/2020.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aw)
July 20, 2020 Opinion or Order Filing 89 REPLY TO RESPONSE TO MOTION by Plaintiffs Michael Egger, Kevin D. Murphy, Thomas Allen Phillips re: #70 MOTION to Compel Reply in Further Support of Plaintiffs' Motion to Compel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siro, Rik)
July 14, 2020 Opinion or Order Filing 88 ORDER granting #87 Joint Motion to Extend Time for Plaintiffs to File Motion to Compel. The Court hereby extends the time for Plaintiffs to call the Court regarding discovery issues relating to the responses to Plaintiffs' Second Set of Requests for Production to July 22, 2020. A deadline for filing a written motion to compel, if deemed necessary, will be set by the Court during any such informal telephone conference with the Court. Signed by Magistrate Judge Kenneth G. Gale on July 14, 2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
July 14, 2020 Opinion or Order Filing 87 Joint MOTION for extension of time To Extend Time For Plaintiffs To Move To Compel Production Of Documents Sought In Plaintiffs' Second Set Of Requests For Production by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
July 7, 2020 Opinion or Order Filing 86 SEALED EXHIBIT(S) IN SUPPORT of #83 Response to Motion,, by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver(Kakazu, Nathan)
July 7, 2020 Opinion or Order Filing 85 ORDER granting #84 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by Magistrate Judge Kenneth G. Gale on 7/7/20. (aw)
July 6, 2020 Opinion or Order Filing 84 SEALED MOTION for Leave to File Under Seal Exhibit 3 of Defendants' Response to Plaintiffs' Motion to Compel by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Proposed Sealed Document Exhibit 3)(Kakazu, Nathan)
July 6, 2020 Opinion or Order Filing 83 RESPONSE by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #70 Motion to Compel (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit List Index of Exhibits)(Kakazu, Nathan)
July 2, 2020 Opinion or Order Filing 82 DOCKET ANNOTATION: A redacted version of document [80-4] has been added to the entry and is attached to this annotation for noticing purposes only. (ca)
July 2, 2020 Opinion or Order Filing 81 CERTIFICATE OF SERVICE of Plaintiffs' Third Set of Requests For Production on Defendants by Thomas Allen Phillips. (Siro, Rik)
June 29, 2020 Opinion or Order Filing 80 ANSWER to #57 Amended Complaint by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit List)(Gregorio, Neil) Modified on 7/2/2020 to block Exhibit D from public view due to violation of privacy policy(ca). (Additional attachment(s) added on 7/2/2020: #19 Redacted Exhibit D) (ca). Modified on 7/2/2020 (ca).
June 22, 2020 Opinion or Order Filing 79 ORDER denying #77 Motion to Hold Motion to Compel in Abeyance. The Court does not condone Plaintiff's apparent disregard of the Court's admonition requiring a pre-motion conference prior to filing discovery motions. In this instance, however, because Plaintiff has fully briefed its #70 Motion to Compel, the more efficient course is to complete briefing and bring the motion ripe for decision. Plaintiff is admonished not to bypass this step in the future. The #77 Motion to Hold Plaintiff's Motion in Abeyance is DENIED. Defendants' response to the underlying #70 Motion to Compel shall be filed on or before July 6, 2020. Signed by Magistrate Judge Kenneth G. Gale on 6/22/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
June 22, 2020 Opinion or Order Filing 78 MEMORANDUM IN OPPOSITION by Plaintiff Thomas Allen Phillips re #77 MOTION for Order to Hold Plaintiffs' Motion to Compel in Abeyance (Siro, Rik)
June 19, 2020 Opinion or Order Filing 77 MOTION to Hold Plaintiffs' Motion to Compel in Abeyance by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit 1)(Kakazu, Nathan)
June 17, 2020 Opinion or Order Filing 76 SEALED EXHIBIT(S) IN SUPPORT of #70 MOTION to Compel by Plaintiff Thomas Allen Phillips Ex. 5 (Siro, Rik)
June 17, 2020 Opinion or Order Filing 75 SEALED EXHIBIT(S) IN SUPPORT of #70 MOTION to Compel by Plaintiff Thomas Allen Phillips Ex. 4 (Siro, Rik)
June 17, 2020 Opinion or Order Filing 74 ORDER granting #73 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by Magistrate Judge Kenneth G. Gale on 6/17/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
June 17, 2020 Opinion or Order Filing 73 SEALED MOTION for Leave to File Under Seal Exhibits 4 and 5 to Declaration of Jennifer Kroll in Support of Motion to Compel by Plaintiffs Michael Egger, Kevin D. Murphy, Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Ex. 4, #2 Ex. 5)(Siro, Rik)
June 17, 2020 Opinion or Order Filing 72 INDEX OF EXHIBITS by Plaintiffs Michael Egger, Kevin D. Murphy, Thomas Allen Phillips re #70 MOTION to Compel to Declaration of Jennifer Kroll (Siro, Rik)
June 17, 2020 Opinion or Order Filing 71 AFFIDAVIT of Jennifer Kroll re #70 MOTION to Compel by Plaintiffs Michael Egger, Kevin D. Murphy, Thomas Allen Phillips (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 6, #5 Ex. 7, #6 Ex. 8, #7 Ex. 9, #8 Ex. 10, #9 Ex. 11, #10 Ex. 12, #11 Ex. 13, #12 Ex. 14, #13 Ex. 15, #14 Ex. 16, #15 Ex. 17, #16 Ex. 18, #17 Ex. 19, #18 Ex. 20, #19 Ex. 21)(Siro, Rik)
June 17, 2020 Opinion or Order Filing 70 MOTION to Compel by Plaintiffs Michael Egger, Kevin D. Murphy, Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit A, #2 Exhibit B)(Siro, Rik)
June 15, 2020 Opinion or Order Filing 69 CERTIFICATE OF SERVICE of Defendants' Objections and Responses to Plaintiffs' Second Requests for Production by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
May 8, 2020 Opinion or Order Filing 68 ORDER granting #65 Motion to Appear Pro Hac Vice of Erin Beckner Conlin as counsel for defendants pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 5/8/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
May 8, 2020 Opinion or Order Filing 67 ORDER granting #64 Unopposed Motion to Extend Deadline to File Plaintiffs' Motion for Class Certification. Deadline extended to August 7, 2020. Signed by District Judge Daniel D. Crabtree on 05/08/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig)
May 8, 2020 Opinion or Order Filing 66 ELECTRONIC FILING REGISTRATION FORM of Erin Beckner Conlin re motion for leave to appear pro hac vice #65 by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver(Gregorio, Neil)
May 8, 2020 Opinion or Order Filing 65 MOTION for attorney Erin Beckner Conlin to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5137298.) by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit in Support)(Gregorio, Neil)
May 7, 2020 Opinion or Order Filing 64 Unopposed MOTION for extension of time to file Plaintiffs' Motion for Class Certification by Plaintiff Thomas Allen Phillips (Siro, Rik)
May 7, 2020 Opinion or Order MOTION REFERRAL to Magistrate Judge REMOVED as to: #64 Unopposed MOTION for extension of time to file Plaintiffs' Motion for Class Certification. The motion will be resolved by the District Judge.(df)
May 1, 2020 Opinion or Order Filing 63 CERTIFICATE OF SERVICE of Plaintiffs' Second Set of Requests for Production to Defendants by Thomas Allen Phillips. (Siro, Rik)
April 28, 2020 Opinion or Order Filing 62 SUMMONS RETURNED EXECUTED -- Personal Service by Thomas Allen Phillips upon Boilermaker National Health and Welfare Fund served on 4/27/2020, answer due 6/29/2020 (Siro, Rik)
April 28, 2020 Opinion or Order Filing 61 SUMMONS RETURNED EXECUTED -- Personal Service by Thomas Allen Phillips upon Board of Trustees of the Boilermakers National Health and Welfare Fund served on 4/27/2020, answer due 6/29/2020 (Siro, Rik)
April 21, 2020 Opinion or Order Filing 60 ORDER granting #58 Motion for Extension of Time to Answer re #57 Amended Complaint. Deadline to answer or otherwise respond is extended to June 29, 2020. Defense counsel indicates he does not yet represent certain Defendants, although it is clear he expects to do so. In addition, defense counsel claims some Defendants have not been served, which means there is no actual answer deadline as to them. That stated, counsel indicates he expects to waive service or accept electronic service. Plaintiff's counsel does not object to an extension generally, but has agreed only to an extension to June 1, 2020. The Court finds that the additional four weeks requested by Defendants does not substantially prejudice the Plaintiffs in light of the history and complexity of this matter. The Court agrees with defense counsel that, although unusual, having a single answer date is the most efficient way to proceed. The deadline is thus extended to June 29, 2020. To the extent Defendants are not yet served, this Order would not act to accelerate their Answer dates. Signed by Magistrate Judge Kenneth G. Gale on 4/21/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
April 20, 2020 Opinion or Order Filing 59 RESPONSE by Plaintiff Thomas Allen Phillips re #58 MOTION for Extension of Time to File Answer (Siro, Rik)
April 13, 2020 Opinion or Order Filing 58 MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint as to #57 Amended Complaint by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Gregorio, Neil) Modified on 4/15/2020 to change the motion type.
March 31, 2020 Opinion or Order Filing 57 AMENDED COMPLAINT Class Action against All Defendants, filed by Thomas Allen Phillips.(Siro, Rik)
March 31, 2020 Opinion or Order SUMMONS ISSUED as to Board of Trustees of the Boilermakers National Health and Welfare Fund, Boilermaker National Health and Welfare Fund. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)
March 30, 2020 Opinion or Order Filing 56 ORDER granting, as unopposed, #54 Motion for Leave to Amend Complaint. Amended pleading shall be filed, in form attached to motion, on or before April 13, 2020. Signed by Magistrate Judge Kenneth G. Gale on 3/30/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
March 27, 2020 Opinion or Order Filing 55 RESPONSE by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver re #54 MOTION for Leave to Amend Complaint re #1 Complaint (attorney) (Gregorio, Neil)
March 26, 2020 Opinion or Order Filing 54 MOTION for Leave to Amend Complaint re #1 Complaint (attorney) by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Exhibit First Amended Class Action Complaint)(Siro, Rik)
March 20, 2020 Opinion or Order Filing 53 ELECTRONICALLY STORED INFORMATION PROTOCOL by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver . (Kakazu, Nathan)
March 14, 2020 Opinion or Order Filing 52 ORDER granting #51 Joint Motion to Extend Time to File ESI Protocol. Deadline extended to March 20, 2020. Signed by Magistrate Judge Kenneth G. Gale on 3/14/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
March 13, 2020 Opinion or Order Filing 51 Joint MOTION for extension of time for the Parties to file an ESI Protocol by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
February 28, 2020 Opinion or Order Filing 50 STIPULATION Extending Time for the Parties to File an ESI Protocol by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
February 5, 2020 Opinion or Order Filing 49 TRANSCRIPT of Discovery Dispute Hearing held January 29, 2020 before Judge Kenneth G. Gale, Court Reporter Kim Greiner, 913-735-2314, kim_greiner@ksd.uscourts.gov. Transcript purchased by: Susan Martin and Nathan Kakazu. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 5/5/2020. (kg)
January 29, 2020 Opinion or Order Filing 48 MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: DISCOVERY HEARING held on 1/29/2020. Plaintiffs appeared through counsel Susan Martin, Jennifer Kroll, and Rik N. Siro. Defendants appeared through counsel, Kathleen Nandan, Neil Gregorio, Richard Tucker and Nathan Kakazu. (Court Reporter Kim Greiner.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (yh)
January 21, 2020 Opinion or Order Filing 47 TRANSCRIPT of Telephonic Scheduling Conference (56 pgs) held 11/07/2019 before Judge Kenneth G. Gale, Court Reporter Kelli Stewart, 913-735-2334, kelli_stewart@ksd.uscourts.gov. Transcript purchased by: Ms. Susan Martin. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 4/20/2020. (ks)
January 15, 2020 Opinion or Order Filing 46 ORDER granting #44 Second Joint Motion to Extend Time to Move to Compel. The deadline for any such motion, if deemed necessary, will be set at the pre-motion conference to be held on January 29, 2020. Signed by Magistrate Judge Kenneth G. Gale on 1/15/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
January 15, 2020 Opinion or Order Filing 45 DOCKET ANNOTATION: A corrected version of document #44 Joint MOTION for extension of time has been added to the entry and is attached to this annotation for noticing purposes only. (smc)
January 14, 2020 Opinion or Order Filing 44 Joint MOTION for extension of time for Plaintiffs' to Move to Compel Production of Documents Sought in Plaintiffs' First Set of Requests For Production - Second by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik) (Additional attachment(s) added on 1/15/2020: #1 Main Document (Correct)) (smc).
January 8, 2020 Opinion or Order Filing 43 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Discovery Hearing set for 1/29/2020 10:00 AM (CST) in KC Courtroom 643, U.S. Courthouse, 500 State Ave., Kansas City, Kansas, before Magistrate Judge Kenneth G. Gale. Counsel will appear IN PERSON for this conference. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
January 7, 2020 Opinion or Order Filing 42 NOTICE OF CANCELLED HEARING: Pre-Motion Telephone Conference set 1/8/2020 cancelled. The conference will be rescheduled as an in-person hearing to be conducted at the U.S. Courthouse in Kansas City, Kansas at a later date. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
December 19, 2019 Opinion or Order Filing 41 NOTICE OF PRE-MOTION CONFERENCE: Pre-Motion Conference set for 1/8/2020 at 02:30 PM (CST) by telephone before Magistrate Judge Kenneth G. Gale. Counsel who plan to participate should call 888-363-4749 and enter access code 5407703 for the conference. A brief joint description of the issues for discussion should be sent as an e-mail, or e-mail attachment, to KSD_Gale_Chambers@ksd.uscourts.gov on or before 1/6/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aw)
December 19, 2019 Opinion or Order Filing 40 ORDER granting, for good cause shown, #38 Joint Motion for Extension of Time to File Motion to Compel. Any such motion, if deemed necessary, shall be due on or before January 15, 2020. Signed by Magistrate Judge Kenneth G. Gale on 12/19/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
December 19, 2019 Opinion or Order Filing 39 ORDER granting, for good cause shown, #38 Joint Motion to Extend Time to file Motion to Compel. Plaintiffs have until 1/15/2020 to file motion to compel production of documents sought in Plaintiffs' First Set of Requests for Production. Signed by Magistrate Judge Kenneth G. Gale on 12/19/19. (aw)
December 18, 2019 Opinion or Order Filing 38 Joint MOTION for extension of time for Plaintiffs' to Move to Compel Production of Documents Sought in Plaintiffs' First Set of Requests For Production by Plaintiff Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Siro, Rik)
November 20, 2019 Opinion or Order Filing 37 AMENDED DOCUMENT by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. Amendment to #36 Certificate of Service, . (Kakazu, Nathan)
November 20, 2019 Opinion or Order Filing 36 CERTIFICATE OF SERVICE of Defendants' Objections and Responses to Plaintiffs Requests for Production by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
November 12, 2019 Opinion or Order Filing 35 INITIAL SCHEDULING ORDER: ESI protocol filed by 1/31/2020. Motion for class certification filed by 6/1/2020. See attached Order. Signed by Magistrate Judge Kenneth G. Gale on 11/8/19. (Attachments: #1 Exhibit 1)(aw)
November 7, 2019 Opinion or Order Filing 34 MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 11/7/2019. (Recorded #2:30 - 3:45.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
November 6, 2019 Opinion or Order Filing 33 ORDER granting #32 Motion to Appear Pro Hac Vice of Gary P. Hunt as counsel for defendants pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 11/6/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
November 6, 2019 Opinion or Order Filing 32 MOTION for attorney Gary P. Hunt to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4972921.) by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form)(Gregorio, Neil)
November 4, 2019 Opinion or Order Filing 31 PROTECTIVE ORDER. Signed by Magistrate Judge Kenneth G. Gale on 11/4/19. (aw)
November 1, 2019 Opinion or Order Filing 30 CERTIFICATE OF SERVICE of Plaintiffs' Rule 26(a)(1) Disclosure Statement by Thomas Allen Phillips. (Siro, Rik)
November 1, 2019 Opinion or Order Filing 29 CERTIFICATE OF SERVICE of Defendants' Initial Disclosures by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
October 14, 2019 Opinion or Order Filing 28 CERTIFICATE OF SERVICE of Plaintiffs' First Set of Requests For Production of Documents on Defendants by Thomas Allen Phillips. (Siro, Rik)
October 9, 2019 Opinion or Order Filing 27 JOINT STIPULATION EXTENDING TIME FOR THE PARTIES TO CONDUCT THE RULE 26(f) CONFERENCE by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Kakazu, Nathan)
October 8, 2019 Opinion or Order Filing 26 ORDER granting #23 Motion to Appear Pro Hac Vice of Kathleen A. Nandan for Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, and Mark Vandiver pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 10/8/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
October 8, 2019 Opinion or Order Filing 25 ELECTRONIC FILING REGISTRATION FORM of Kathleen A. Nandan re motion for leave to appear pro hac vice #23 by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver(Gregorio, Neil)
October 8, 2019 Opinion or Order Filing 24 AFFIDAVIT of Kathleen A. Nandan re #23 MOTION for attorney Kathleen A. Nandan to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4942321.) by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver(Gregorio, Neil)
October 8, 2019 Opinion or Order Filing 23 MOTION for attorney Kathleen A. Nandan to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4942321.) by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Gregorio, Neil)
October 2, 2019 Opinion or Order Filing 22 INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/7/2019 at 02:30 PM by telephone before Magistrate Judge Kenneth G. Gale. Counsel who plan to participate should call 888-363-4749 and enter access code 5407703 for the conference. Report of Parties Planning Meeting deadline 11/1/2019. Rule 26 Initial Disclosures Deadline set for 11/1/2019. See attached Order. Signed by Magistrate Judge Kenneth G. Gale on 10/2/19. (aw)
September 27, 2019 Opinion or Order Filing 21 Defendants' ANSWER to Complaint by Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Gregorio, Neil)
August 22, 2019 Opinion or Order Filing 20 ENTRY OF APPEARANCE by Nathan A. Kakazu on behalf of All Defendants (Kakazu, Nathan)
August 20, 2019 Opinion or Order Filing 19 ORDER granting #18 Motion to Appear Pro Hac Vice of Richard B. Tucker, III as counsel for all defendants pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 8/20/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
August 20, 2019 Opinion or Order Filing 18 MOTION for attorney Richard B. Tucker, III to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4895790.) by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Gregorio, Neil)
July 31, 2019 Opinion or Order Filing 17 ORDER granting #16 Consent Motion for Extension of Time to File Responsive Pleading. Defendants have until 9/27/2019 to file an Answer or other responsive pleading to Plaintiff's Complaint. Signed by Magistrate Judge Kenneth G. Gale on 7/31/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
July 31, 2019 Opinion or Order Filing 16 Consent MOTION for Extension of Time to File Responsive Pleading as to #1 Complaint (attorney) by Defendants Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (referred to Magistrate Judge Kenneth G. Gale) (Gregorio, Neil)
July 25, 2019 Opinion or Order Filing 15 SUMMONS RETURNED EXECUTED -- Service accepted by Counsel for Defendant by Thomas Allen Phillips upon Scott Anderson served on 7/23/2019, answer due 8/13/2019 (Siro, Rik)
July 25, 2019 Opinion or Order Filing 14 SUMMONS RETURNED EXECUTED -- Service accepted by Counsel for Defendant by Thomas Allen Phillips upon Mike Hidas served on 7/23/2019, answer due 8/13/2019 (Siro, Rik)
July 25, 2019 Opinion or Order Filing 13 SUMMONS RETURNED EXECUTED -- Service accepted by Counsel for Defendant by Thomas Allen Phillips upon Mark Vandiver served on 7/23/2019, answer due 8/13/2019 (Siro, Rik)
July 25, 2019 Opinion or Order Filing 12 SUMMONS RETURNED EXECUTED -- Service accepted by Counsel for Defendant by Thomas Allen Phillips upon Lyndal Turner served on 7/23/2019, answer due 8/13/2019 (Siro, Rik)
July 25, 2019 Opinion or Order Filing 11 SUMMONS RETURNED EXECUTED -- Service accepted by Counsel for Defendant by Thomas Allen Phillips upon Lawrence J. McManamon served on 7/23/2019, answer due 8/13/2019 (Siro, Rik)
July 25, 2019 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED -- Service accepted by Counsel for Defendant by Thomas Allen Phillips upon John T. Fultz served on 7/23/2019, answer due 8/13/2019 (Siro, Rik)
July 25, 2019 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED -- Service accepted by Counsel for Defendant by Thomas Allen Phillips upon Boilermaker-Blacksmith National Pension Trust served on 7/23/2019, answer due 8/13/2019 (Siro, Rik)
July 25, 2019 Opinion or Order Filing 8 SUMMONS RETURNED EXECUTED -- Service accepted by Counsel for Defendant by Thomas Allen Phillips upon Board of Trustees of the Boilermaker-Blacksmith National Pension Trust served on 7/23/2019, answer due 8/13/2019 (Siro, Rik)
July 25, 2019 Opinion or Order Filing 7 ENTRY OF APPEARANCE by Neil J. Gregorio on behalf of Scott Anderson, Board of Trustees of the Boilermaker-Blacksmith National Pension Trust, Boilermaker-Blacksmith National Pension Trust, John T. Fultz, Mike Hidas, Lawrence J. McManamon, Lyndal Turner, Mark Vandiver (Gregorio, Neil)
July 18, 2019 Opinion or Order Filing 6 ORDER granting #3 Motion to Appear Pro Hac Vice of Susan J. Martin, #4 Motion to Appear Pro Hac Vice of Jennifer Kroll ; and #5 Motion to Appear Pro Hac Vice of Michael M. Licata as counsel for plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Kenneth G. Gale on 7/18/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw)
July 18, 2019 Opinion or Order SUMMONS ISSUED as to All Defendants. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ydm)
July 17, 2019 Opinion or Order Filing 5 MOTION for attorney Michael M. Licata to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4865912.) by Plaintiffs Michael Egger, Kevin D. Murphy, Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Siro, Rik)
July 17, 2019 Opinion or Order Filing 4 MOTION for attorney Jennifer Kroll to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4865907.) by Plaintiffs Michael Egger, Kevin D. Murphy, Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Siro, Rik)
July 17, 2019 Opinion or Order Filing 3 MOTION for attorney Susan Martin to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4865903.) by Plaintiffs Michael Egger, Kevin D. Murphy, Thomas Allen Phillips (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit, #2 ECF Registration Form)(Siro, Rik)
July 17, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET by Plaintiff Thomas Allen Phillips. (Siro, Rik)
July 17, 2019 Opinion or Order Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4865722.), filed by Thomas Allen Phillips.(Siro, Rik)
July 17, 2019 Opinion or Order NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Kenneth G. Gale for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)

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Search for this case: Phillips et al v. Boilermaker-Blacksmith National Pension Trust et al
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Defendant: Lawrence J. McManamon
Represented By: Richard B. Tucker, III
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
Represented By: Erin Beckner Conlin
Represented By: Gary P. Hunt
Represented By: Kathleen A. Nandan
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Defendant: Boilermaker-Blacksmith National Pension Trust
Represented By: Richard B. Tucker, III
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
Represented By: Erin Beckner Conlin
Represented By: Gary P. Hunt
Represented By: Kathleen A. Nandan
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Defendant: Mark Vandiver
Represented By: Richard B. Tucker, III
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
Represented By: Erin Beckner Conlin
Represented By: Gary P. Hunt
Represented By: Kathleen A. Nandan
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Defendant: Scott Anderson
Represented By: Richard B. Tucker, III
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
Represented By: Erin Beckner Conlin
Represented By: Gary P. Hunt
Represented By: Kathleen A. Nandan
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Defendant: John T. Fultz
Represented By: Richard B. Tucker, III
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
Represented By: Erin Beckner Conlin
Represented By: Gary P. Hunt
Represented By: Kathleen A. Nandan
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Defendant: Lyndal Turner
Represented By: Richard B. Tucker, III
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
Represented By: Erin Beckner Conlin
Represented By: Gary P. Hunt
Represented By: Kathleen A. Nandan
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Defendant: Board of Trustees of the Boilermaker-Blacksmith National Pension Trust
Represented By: Richard B. Tucker, III
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
Represented By: Erin Beckner Conlin
Represented By: Gary P. Hunt
Represented By: Kathleen A. Nandan
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Defendant: Mike Hidas
Represented By: Richard B. Tucker, III
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
Represented By: Erin Beckner Conlin
Represented By: Gary P. Hunt
Represented By: Kathleen A. Nandan
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Defendant: Boilermaker National Health and Welfare Fund
Represented By: Erin Beckner Conlin
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
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Defendant: Board of Trustees of the Boilermakers National Health and Welfare Fund
Represented By: Erin Beckner Conlin
Represented By: Nathan A. Kakazu
Represented By: Neil J. Gregorio
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Plaintiff: Michael Egger
Represented By: Eric W. Smith
Represented By: Rik N. Siro
Represented By: Athena M. Dickson
Represented By: Ryan P. McEnaney
Represented By: Raymond Dake
Represented By: Jennifer Kroll
Represented By: Michael M. Licata
Represented By: Susan J. Martin
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Plaintiff: Kevin D. Murphy
Represented By: Eric W. Smith
Represented By: Rik N. Siro
Represented By: Athena M. Dickson
Represented By: Ryan P. McEnaney
Represented By: Raymond Dake
Represented By: Jennifer Kroll
Represented By: Michael M. Licata
Represented By: Susan J. Martin
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Plaintiff: Thomas Allen Phillips
Represented By: Eric W. Smith
Represented By: Rik N. Siro
Represented By: Athena M. Dickson
Represented By: Ryan P. McEnaney
Represented By: Raymond Dake
Represented By: Jennifer Kroll
Represented By: Michael M. Licata
Represented By: Susan J. Martin
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Plaintiff: William Lofthouse
Represented By: Athena M. Dickson
Represented By: Eric W. Smith
Represented By: Jennifer Kroll
Represented By: Michael M. Licata
Represented By: Raymond Dake
Represented By: Ryan P. McEnaney
Represented By: Susan J. Martin
Represented By: Rik N. Siro
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