Acosta v. Allen et al
Plaintiff: R. Alexander Acosta and Martin J. Walsh
Defendant: Linda A. Wilson, James M. Staron, Norman E. Zelesky, Anthony C. Allen, Mark N. Cain, Brian A. Lutes, Sypris Solutions 401(k) Merged Retirement Savings Plan and Sypris Solutions, Inc.
Case Number: 3:2017cv00784
Filed: December 27, 2017
Court: US District Court for the Western District of Kentucky
Office: Louisville Office
County: Jefferson
Presiding Judge: Benjamin Beaton
Referring Judge: David J Hale
2 Judge: Colin H Lindsay
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 September 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2022 Opinion or Order Filing 72 MOTION for Leave to File Amended Answers by Defendants Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Sypris Solutions, Inc., Linda A. Wilson, Norman E. Zelesky (Attachments: #1 Exhibit A - Amended Answer of Individuals and Sypris and Counterclaims, #2 Exhibit B - Amended Answer of Plan and Counterclaim, #3 Proposed Order) (Holifield, Al)
April 28, 2022 Opinion or Order Filing 71 ORDER. In response to the parties' joint status report (DN #70 ), the Court adopts the accompanying modified briefing schedule. cc: counsel (JM)
April 27, 2022 Opinion or Order Filing 70 Joint STATUS REPORT by Martin J. Walsh. (Zhang, Jing)
March 28, 2022 Opinion or Order Filing 69 ORDER: The Court denies both motions for summary judgment (DNs #46 & #47 ), asks the parties to confer about the appropriate next steps to resolve the questions of liability and damages, and submit a joint status report regarding the remaining areas of disagreement (if any) within 30 days. cc: Counsel (JM)
March 22, 2022 Opinion or Order Proceedings held before Judge Beaton: Telephonic Conference held on 3/22/2022. (Court Reporter: Becky Boyd) (SMJ)
February 7, 2022 Opinion or Order Filing 68 TEXT ORDER: At the request of counsel, the Court reschedules the hearing set for 2/22/2022 at 1:30 p.m. Eastern to 3/22/22 at 1:30 p.m. Counsel should connect by dialing 888-363-4734 and entering access code 4268238. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (SMJ)
January 26, 2022 Opinion or Order Filing 67 OPINION & ORDER: The Court sustains the Secretary's first objection (DN #60 at 814), which moots his subsequent objections. Judge Beaton would like to hold a telephonic hearing regarding the parties' positions on those remaining issues on February 22, 2022 at 1:30 p.m. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. If counsel need to reschedule in order to avoid a conflict, they should confer and propose at least two mutually agreeable windows to chambers at Judge_Beaton_Chambers@kywd.uscourts.gov. cc: counsel (JM)
January 26, 2022 Opinion or Order Filing 66 TEXT ORDER: Consistent with Fed. R. Civ. P. 25(d), the Court directs the Clerk of Court to substitute Martin J. Walsh, the current Secretary of Labor, for R. Alexander Acosta in the caption of this case. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
December 18, 2020 Opinion or Order Filing 65 TEXT ORDER by Judge Benjamin Beaton on 12/18/2020; Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Colin H. Lindsay for hearing and determining all pretrial matters, including non-dispositive motions. Judge Lindsay may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (JM)
December 8, 2020 Opinion or Order Filing 64 TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 20-26, this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (MNM)
September 29, 2020 Opinion or Order Filing 63 TEXT ORDER by Judge Claria Horn Boom on 9/29/2020. Pursuant to 28 U.S.C. 636(b)(1)(A) and Fed. R. Civ. P. 72, the Court REFERS this case to United States Magistrate Judge Colin H. Lindsay for purposes of: 1) resolving all non-dispositive pretrial motions; 2) generally managing discovery, including resolving all discovery disputes and conducting any hearing(s) other than the pretrial conference; 3) generally managing all pretrial scheduling issues, including altering any dates and/or deadlines, except deadlines for dispositive/Daubert motions, and the pretrial conference and the trial deadlines; 4) conducting a mid-discovery telephonic conference; and 5) conducting a settlement conference, if requested by the parties. This Order SUPERSEDES the prior referral orders 12 and 58 . This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (RLK)
September 3, 2020 Opinion or Order Filing 62 TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to the reassignment protocol set forth in GO 20-16, this matter is reassigned to the docket of Judge Claria H. Boom for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (ALS)
June 11, 2020 Opinion or Order Filing 61 Response to Objections re #60 Objection to Report and Recommendations filed by Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Sypris Solutions, Inc., Linda A. Wilson, Norman E. Zelesky. (Attachments: #1 Exhibit A - Excerpts from Deposition of J. McGeeney) (Holifield, Al)
May 28, 2020 Opinion or Order Filing 60 OBJECTION to #59 Report and Recommendations filed by R. Alexander Acosta. (Attachments: #1 Exhibit A - Declaration of Jing Acosta) (Zhang, Jing)
May 14, 2020 Opinion or Order Filing 59 REPORT AND RECOMMENDATIONS by Magistrate Judge Colin H. Lindsay on 5/13/2020 re #47 MOTION for Summary Judgment filed by Brian A. Lutes, Sypris Solutions 401(k) Merged Retirement Savings Plan, James M. Staron, Linda A. Wilson, Norman E. Zelesky, Sypris Solutions, Inc., Anthony C. Allen, and Mark N. Cain, and #46 MOTION for Partial Summary Judgment filed by R. Alexander Acosta. IT IS HEREBY RECOMMENDED that Defendants' #47 motion for summary judgment be GRANTED and Plaintiff's #46 motion for partial summary judgment be DENIED. Objections to R&R due by 5/28/2020. cc: counsel (DLW)
January 8, 2020 Opinion or Order Filing 58 TEXT ORDER by Judge Justin R. Walker on 1/8/2020. Under 28 U.S.C. 636(b)(1)(B), the Court REFERS Plaintiff's motion for partial summary judgment (DN #46 ) and Defendants' motion for summary judgment (DN #47 ) to Magistrate Judge Colin H. Lindsay to conduct a hearing, if necessary, and to submit proposed findings of fact and recommendations for disposition. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (MEJ)
November 1, 2019 Opinion or Order Filing 57 TEXT ORDER REASSIGNING CASE pursuant to GO 2019-10. Case reassigned to Judge Justin R. Walker for all further proceedings. Judge Claria Horn Boom no longer assigned to case. cc: Counsel (KD)
August 26, 2019 Opinion or Order Filing 56 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 8/26/2019 granting #53 Motion to Withdraw as Attorney. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(TLB)
August 21, 2019 Opinion or Order Filing 55 REPLY to Response to Motion re #47 MOTION for Summary Judgment filed by Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Sypris Solutions, Inc., Linda A. Wilson. (Holifield, Al)
August 21, 2019 Opinion or Order Filing 54 REPLY to Response to Motion re #46 MOTION for Partial Summary Judgment filed by R. Alexander Acosta. (Attachments: #1 Affidavit Declaration of Jing Zhang, #2 Exhibit X - James Staron Deposition Transcript Excerpts Volume III, #3 Exhibit Y - Notice of 30(b)(6) Deposition of Sypris) (Zhang, Jing)
August 16, 2019 Opinion or Order Filing 53 MOTION to Withdraw as Attorney Due to Death of Counsel. (Continue to receive notice:Yes) by Defendants Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Sypris Solutions, Inc., Linda A. Wilson, Norman E. Zelesky (Attachments: #1 Proposed Order) (Abate, Michael)
August 14, 2019 Opinion or Order Filing 52 ORDER GRANTING EXTENSION by Judge Claria Horn Boom on 8/14/2019. IT IS HEREBY ORDERED as follows: The parties' Agreed Order for Extension of Time to File Reply #51 is GRANTED. The parties SHALL have up to and including 8/21/2019, within which to file reply briefs for their respective dispositive motions #46 , #47 . cc: Counsel of Record (ALS)
August 12, 2019 Opinion or Order Filing 51 Agreed Order for Extension of Time to File Response/Reply Brief by Plaintiff R. Alexander Acosta (Zhang, Jing) Modified on 8/13/2019: Changed docket text to reflect filing as an Agreed Order, not a Motion (RLK).
July 31, 2019 Opinion or Order Filing 50 RESPONSE to Motion re #47 MOTION for Summary Judgment (Opposition) filed by R. Alexander Acosta. (Attachments: #1 Affidavit Declaration of Jing Zhang's, #2 Exhibit R - James Staron Deposition Transcript Excerpts Volume II, #3 Exhibit S - Anthony Allen Deposition Transcript Excerpts, #4 Exhibit T- Linda Wilson Deposition Transcript Excerpts Volume II, #5 Exhibit U - 30(b)(6) Deposition Transcript Excerpts Volume II, #6 Exhibit V - Empower Email, #7 Exhibit W - Response to Request for Admission) (Zhang, Jing)
July 31, 2019 Opinion or Order Filing 49 RESPONSE to Motion re #46 MOTION for Partial Summary Judgment filed by Sypris Solutions, Inc., Linda A. Wilson. (Holifield, Al)
July 17, 2019 Opinion or Order Filing 48 Proposed Order re #47 MOTION for Summary Judgment by Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Sypris Solutions, Inc., Linda A. Wilson. (Holifield, Al) Modified on 7/18/2019 to attach proposed order to DN #47 (ALS).
July 10, 2019 Opinion or Order Filing 47 MOTION for Summary Judgment by Defendants Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Sypris Solutions, Inc., Linda A. Wilson, Norman E. Zelesky (Attachments: #1 Exhibit 1 - Joint Stipulations, #2 Exhibit 2 - 2-27-01 Board Minutes, #3 Exhibit 3 - Basic Plan Document, #4 Exhibit 4 - Declaration of Jeff Gill, #5 Exhibit 5 - Myers Depo. - excerpts, #6 Exhibit 6 - 2004 Solutions Plan, #7 Exhibit 7 - Adoption Agr. - Solutions Plan, #8 Exhibit 8 - Adoption Agr. - Electronics Plan, #9 Exhibit 9 - Adoption Agr. - Technologies Plan, #10 Exhibit 10 - Adoption Agr. - Kenton Plan, #11 Exhibit 11 - McGeeney Depo. - excerpts, #12 Exhibit 12 - 7-20-09 memo re: Technologies Plan, #13 Exhibit 13 - 7-20-09 memo re: Kenton Plan, #14 Exhibit 14 - Gill Depo. - excerpts, #15 Exhibit 15 - Wilson Depo. - excerpts, #16 Exhibit 16-1 - SPD - Solutions Plan, #17 Exhibit 16-2 - SPD - Electronics Plan, #18 Exhibit 16-3 - SPD - Technologies Plan, #19 Exhibit 16-4 - SPD - Kenton Plan, #20 Exhibit 17 - Declaration of Anthony Allen, #21 Exhibit 18 - Adoption Agr. - Merged Plan, #22 Exhibit 19 - Staron Depo. - excerpts, #23 Exhibit 20 - Allen Depo. - excerpts, #24 Exhibit 21-1 - 2012 5500s, #25 Exhibit 21-2 - 2013 5500s, #26 Exhibit 21-3 - 2014 5500s, #27 Exhibit 21-4 - 2015 5500s) (Holifield, Al) (Additional attachment(s) added on 7/18/2019: #28 Proposed Order) (ALS).
July 10, 2019 Opinion or Order Filing 46 MOTION for Partial Summary Judgment by Plaintiff R. Alexander Acosta (Attachments: #1 Memorandum in Support of His Motion for Partial Summary Judgment, #2 Affidavit Declaration of Jing Zhang in Support of Secretary of Labor's Motion for Partial Summary Judgment, #3 Exhibit A - Joint Stipulations, #4 Exhibit B - Solutions Plan Adoption Agreement 2008, #5 Exhibit C - Electronics Plan Adoption Agreement 2009, #6 Exhibit D - Technologies Plan Adoption Agreement 2009, #7 Exhibit E - Kenton Plan Adoption Agreement 2009, #8 Exhibit F - Basic Plan Document 2008, #9 Exhibit G - Sypris Solutions 401(k) Plan 2004, #10 Exhibit H - Solutions Plan SPD 2009, #11 Exhibit I - Technologies Plan SPD 2009, #12 Exhibit J - Electronics Plan SPD 2009, #13 Exhibit K - Kenton Plan SPD 2009, #14 Exhibit L - Linda Wilson Deposition Transcript Excerpts, #15 Exhibit M - Carol Myers Deposition Transcript Excerpts, #16 Exhibit N - James Staron Deposition Excerpts, #17 Exhibit O - Jeff Gill Deposition Transcript Excerpts, #18 Exhibit P - 30(b)(6) Deposition Transcript Excerpts, #19 Exhibit Q - Declaration of Investigator Phillip Meyrose, #20 Proposed Order Granting Secretary of Labor's Motion for Partial Summary Judgment) (Zhang, Jing)
April 12, 2019 Opinion or Order Filing 45 Report on Settlement Conference for proceedings held before Magistrate Judge Colin H. Lindsay. Settlement Conference held on 4/12/2019. Although settlement discussions were conducted in good faith, the parties were unable to come to an agreement. Further settlement conferences will be scheduled if so requested by the parties or upon further order of the Court. cc: Counsel (MEJ)
April 12, 2019 Opinion or Order Filing 44 WAIVER OF SERVICE Returned Executed by R. Alexander Acosta. Sypris Solutions, Inc. waiver sent on 4/1/2019, answer due 5/31/2019. (Zhang, Jing)
April 11, 2019 Opinion or Order Filing 43 ANSWER to #38 Amended Complaint by Sypris Solutions 401(k) Merged Retirement Savings Plan. (Ferrera, Tess)
April 11, 2019 Opinion or Order Filing 42 ANSWER to #38 Amended Complaint by Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Sypris Solutions, Inc., Linda A. Wilson, Norman E. Zelesky. (Ferrera, Tess)
April 9, 2019 Opinion or Order Filing 41 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 4/9/2019. The defendants' request for a settlement conference order exception is GRANTED. The natural person defendants are not required to attend the conference. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
April 9, 2019 Opinion or Order Filing 40 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 4/9/2019. Counsel are advised that Magistrate Judge Lindsay will conduct ex parte calls regarding attendance at settlement conference. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
March 26, 2019 Opinion or Order Filing 39 ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Colin H. Lindsay on 3/25/2019: Settlement Conference set for 4/10/2019 at 10:00 AM in chambers before Magistrate Judge Colin H. Lindsay. cc: counsel (JM)
March 25, 2019 Opinion or Order Filing 38 AMENDED COMPLAINT against Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Linda A. Wilson, Norman E. Zelesky, and Sypris Solutions, Inc., filed by R. Alexander Acosta. (MEJ)
March 25, 2019 Opinion or Order Filing 37 ORDER Signed by Judge Claria Horn Boom on 3/25/2019 granting #34 Motion for Leave, and granting #35 Motion for Extension of Time to Complete Discovery. Discovery due by 5/10/2019. Dispositive/Daubert Motions due by 7/10/2019. cc: Counsel (MEJ)
March 20, 2019 Opinion or Order Filing 36 ERROR: DOCKETED AS SEPARATE DOCUMENT; DOCUMENT ATTACHED TO DN #35 . Modified on 3/21/2019 (RLJ).
March 20, 2019 Opinion or Order Filing 35 Joint MOTION for Extension of Time to Complete Discovery and Deadline to File Dispositive Motions by Plaintiff R. Alexander Acosta (Zhang, Jing) (Additional attachment(s) added on 3/21/2019: #1 Proposed Order) (RLJ).
February 7, 2019 Opinion or Order Filing 34 MOTION for Leave to File First Amended Complaint by Plaintiff R. Alexander Acosta (Attachments: #1 Exhibit A - First Amended Complaint, #2 Proposed Order Order Granting Leave to File First Amended Complaint) (Zhang, Jing)
February 1, 2019 Opinion or Order Filing 33 ORDER on proceedings held before Magistrate Judge Colin H. Lindsay on 1/30/2019 - Amended Pleadings due by 2/8/2019. Joinder of Parties due by 2/8/2019. Discovery due by 3/29/2019. cc:counsel (DAK)
January 25, 2019 Opinion or Order Filing 32 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 1/25/2019. This matter is scheduled for a telephonic conference 1/31/2019 10:00 AM before Magistrate Judge Colin H. Lindsay. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
January 18, 2019 Opinion or Order Filing 31 ORDER Signed by Magistrate Judge Colin H. Lindsay on 1/17/2019 granting #29 Motion for Extension of Time: Amended Pleadings/Joinder of Parties now due by 2/1/2019. cc: Counsel (JM)
January 10, 2019 Opinion or Order Filing 30 ORDER by Magistrate Judge Colin H. Lindsay on 1/8/2019 - Parties SHALL contact Magistrate Judge Lindsay's case manager to schedule a telephonic status conference. cc:counsel (DAK)
January 9, 2019 Opinion or Order Filing 29 Joint MOTION for Extension of Time to Amend Pleadings or Join Additional Parties by Plaintiff R. Alexander Acosta (Attachments: #1 Proposed Order Order Granting Joint Motion to Extend Deadline To Amend Pleadings or Join Additional Parties) (Zhang, Jing)
December 14, 2018 Opinion or Order Filing 28 AMENDED ANSWER to #1 Complaint by Sypris Solutions 401(k) Merged Retirement Savings Plan. (Docketed by Clerk per #26 .) (RLK)
December 14, 2018 Opinion or Order Filing 27 AMENDED ANSWER to #1 Complaint by Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Linda A. Wilson, Norman E. Zelesky. (Docketed by Clerk per #26 .) (RLK)
December 14, 2018 Opinion or Order Filing 26 ORDER GRANTING LEAVE TO FILE AMENDED ANSWERS signed by Judge Claria Horn Boom on 12/13/2018, re: #21 Motion to Amend/Correct. Defendant's tendered Amended Answers are filed of record in this case as of the date of this Order. cc: Counsel(RLK)
December 14, 2018 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Colin H. Lindsay on 12/14/2018, GRANTING #23 Motion for Extension of Time. Deadline for amending pleadings and joining additional parties is now 1/11/2019. cc: Counsel(RLK)
November 14, 2018 Opinion or Order Filing 24 Modified on 11/15/2018 See DN 23 for full corrected filing (MEJ).
November 14, 2018 Opinion or Order Filing 23 MOTION for Extension of Time to Amend #20 Scheduling Conference, Deadline to Amend Pleadings or Join Additional Parties by Plaintiff R. Alexander Acosta (Attachments: #1 Exhibit 1 - Email 10-01-18, #2 Exhibit 2 - Emails 10-05-18 and 10-09-18, #3 Exhibit 3 - Email 10-10-18, #4 Exhibit 4 - Email 10-22-18, #5 Exhibit 5 - Email 10-24-18, #6 Exhibit 6 - Email 10-26-18, #7 Exhibit 7 - Email 10-29-18, #8 Exhibit 8 - Email 11-07-18, #9 Exhibit 9 - Email 11-09-18, #10 Exhibit 10 - Email 11-13-18, #11 Exhibit 11 - Email 11-13-18 5:33pm) (Zhang, Jing) Modified on 11/15/2018 to clarify (MEJ). (Additional attachment(s) added on 11/15/2018: #12 Proposed Order) (MEJ).
November 5, 2018 Opinion or Order Filing 22 Proposed Order re #21 MOTION to Amend/Correct #11 Answer to Complaint by Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Linda A. Wilson, Norman E. Zelesky. (Ferrera, Tess)
November 5, 2018 Opinion or Order Filing 21 MOTION to Amend/Correct #11 Answer to Complaint by Defendants Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Linda A. Wilson, Norman E. Zelesky (Attachments: #1 Exhibit Amended Individual Answer, #2 Exhibit Amended Plan Answer) (Ferrera, Tess)
June 12, 2018 Opinion or Order Filing 20 SCHEDULING ORDER (EBOC) on a telephonic Rule 16 scheduling conference held before Magistrate Judge Colin H. Lindsay on 6/6/2018 - Amended Pleadings due by 11/15/2018. Joinder of Parties due by 11/15/2018. Discovery due by 2/22/2019. Dispositive Motions due by 4/8/2019. Daubert Motion due by 4/8/2019. cc:counsel (DAK)
May 24, 2018 Opinion or Order Filing 19 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 5/24/2018. Due to a conflict in the Court's calendar the 5/22/2018 scheduling conference is RESCHEDULED for 6/6/2018 09:30 AM before Magistrate Judge Colin H. Lindsay. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
May 14, 2018 Opinion or Order Filing 18 Final REPORT of Rule 26(f) Planning Meeting by R. Alexander Acosta. (Zhang, Jing)
April 25, 2018 Opinion or Order Filing 17 TEXT ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to GO 2018-03, Case reassigned to Judge Claria H. Boom for all further proceedings. Judge David J. Hale no longer assigned to case. cc:counsel (MLG)
April 5, 2018 Opinion or Order Filing 16 TEXT ORDER Signed by Judge David J. Hale on 4/5/2018 granting #14 Motion for Al Holifield to Appear Pro Hac Vice; granting #15 Motion for Tess Ferrera to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
April 4, 2018 Opinion or Order Filing 15 MOTION for Tess Ferrera to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2618444. by Defendants Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Linda A. Wilson, Norman E. Zelesky (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Abate, Michael)
April 4, 2018 Opinion or Order Filing 14 MOTION for Al Holifield to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2618441. by Defendants Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Linda A. Wilson, Norman E. Zelesky (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Abate, Michael)
March 14, 2018 Opinion or Order Filing 13 ORDER FOR MEETING & REPORT by Magistrate Judge Colin H. Lindsay on 3/13/2018 (EBOC); Telephone Rule 16 Schduling Conference set for 5/22/2018 at 09:30 AM in before Magistrate Judge Colin H. Lindsay. The Court will initiate the call to counsel. Counsel who will try the case shall participate in the conference.cc:counsel (ARM)
March 9, 2018 Opinion or Order Filing 12 TEXT ORDER by Judge David J. Hale on 3/9/2018; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT)
March 6, 2018 Opinion or Order Filing 11 ANSWER to #1 Complaint by Anthony C. Allen, Mark N. Cain, Brian A. Lutes, James M. Staron, Sypris Solutions 401(k) Merged Retirement Savings Plan, Linda A. Wilson, Norman E. Zelesky. (Abate, Michael)
February 13, 2018 Opinion or Order Filing 10 WAIVER OF SERVICE Returned Executed by R. Alexander Acosta. Norman E. Zelesky waiver sent on 1/9/2018, answer due 3/12/2018. (Zhang, Jing)
February 13, 2018 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by R. Alexander Acosta. Linda A. Wilson waiver sent on 1/9/2018, answer due 3/12/2018. (Zhang, Jing)
February 13, 2018 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by R. Alexander Acosta. Mark N. Cain waiver sent on 1/9/2018, answer due 3/12/2018. (Zhang, Jing)
February 13, 2018 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by R. Alexander Acosta. Sypris Solutions 401(k) Merged Retirement Savings Plan waiver sent on 1/9/2018, answer due 3/12/2018. (Zhang, Jing)
February 13, 2018 Opinion or Order Filing 6 WAIVER OF SERVICE Returned Executed by R. Alexander Acosta. Brian A. Lutes waiver sent on 1/9/2018, answer due 3/12/2018. (Zhang, Jing)
February 13, 2018 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by R. Alexander Acosta. James M. Staron waiver sent on 1/9/2018, answer due 3/12/2018. (Zhang, Jing)
February 13, 2018 Opinion or Order Filing 4 WAIVER OF SERVICE Returned Executed by R. Alexander Acosta. Anthony C. Allen waiver sent on 1/9/2018, answer due 3/12/2018. (Zhang, Jing)
December 28, 2017 Opinion or Order Filing 3 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. Magistrate Judge designation: Colin H. Lindsay. (JAC)
December 28, 2017 Opinion or Order Filing 2 Summons Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JAC)
December 27, 2017 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by R. Alexander Acosta. (Attachments: #1 Cover Sheet) (JAC)

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Defendant: Linda A. Wilson
Represented By: Al Holifield
Represented By: Michael P. Abate
Represented By: Tess J. Ferrera
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Defendant: James M. Staron
Represented By: Al Holifield
Represented By: Michael P. Abate
Represented By: Tess J. Ferrera
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Defendant: Norman E. Zelesky
Represented By: Al Holifield
Represented By: Michael P. Abate
Represented By: Tess J. Ferrera
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Defendant: Anthony C. Allen
Represented By: Al Holifield
Represented By: Michael P. Abate
Represented By: Tess J. Ferrera
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Defendant: Mark N. Cain
Represented By: Al Holifield
Represented By: Michael P. Abate
Represented By: Tess J. Ferrera
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Defendant: Brian A. Lutes
Represented By: Al Holifield
Represented By: Michael P. Abate
Represented By: Tess J. Ferrera
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Defendant: Sypris Solutions 401(k) Merged Retirement Savings Plan
Represented By: Al Holifield
Represented By: Michael P. Abate
Represented By: Tess J. Ferrera
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Defendant: Sypris Solutions, Inc.
Represented By: Al Holifield
Represented By: Michael P. Abate
Represented By: Tess J. Ferrera
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Plaintiff: R. Alexander Acosta
Represented By: Jing Zhang
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Plaintiff: Martin J. Walsh
Represented By: Jing Zhang
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