Kovach et al v. L H C Group Inc et al
| Glenda Kovach, Amy Adkins and L H C Group 401(k) Plan |
| L H C Group Inc, L H C Group 401(k) Committee, Marcus Macip, Josh Proffitt, Chris Gill, Kimberly Seymour and Does |
| 6:2023cv01041 |
| August 4, 2023 |
| US District Court for the Western District of Louisiana |
| Lafayette Office |
| David J Ayo |
| David C Joseph |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 38
ORDER granting #37 Motion to Enroll as Counsel. Signed by Magistrate Judge David J Ayo on 9/29/2023. (crt,Crick, S)
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Filing 37
MOTION for Allison A. Jones to Enroll as Counsel by All Plaintiffs. Motions referred to David J Ayo. Motion Ripe Deadline set for 9/28/2023. (Attachments: #1 Proposed order)(Attorney Allison Anne Jones added to party Amy Adkins(pty:pla), Attorney Allison Anne Jones added to party Glenda Kovach(pty:pla), Attorney Allison Anne Jones added to party L H C Group 401(k) Plan(pty:pla))(aty,Jones, Allison)
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Filing 36
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge David J Ayo on 8/8/2023. (crt,Chicola, C)
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Filing 35
PROPOSED TRANSFER ORDER Referred to Magistrate Judge David J Ayo. Motion Ripe Deadline set for 8/4/2023. (crt,Crick, S)
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Filing 34
DISTRICT CASE transferred in from District of West Virginia Southern; Case Number 3:23-cv-00051. Original file copy of transfer order and docket sheet received
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Filing 33
MEMORANDUM OPINION AND ORDER granting Defendants' #22 MOTION to Transfer Venue under 28 U.S.C. 1404(a) and denying as moot Defendants' #25 MOTION to Stay; further directing the Clerk of this Court to transfer this action to the Western District of Louisiana. Signed by Judge Robert C. Chambers on 8/4/2023. (cc: counsel of record; any unrepresented parties) (jsa) [Transferred from West Virginia Southern on 8/4/2023.]
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***CIVIL CASE TERMINATED and ELECTRONICALLY TRANSMITTED to the Western District of Louisiana pursuant to the #33 Memorandum Opinion and Order. (jsa) [Transferred from West Virginia Southern on 8/4/2023.]
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CASE Assigned to Judge David C Joseph and Magistrate Judge David J Ayo. (crt,Crick, S)
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Filing 32
STATEMENT OF VISITING ATTORNEY from Lindsey H. Chopin on behalf of Chris Gill, Marcus Macip, Kimberly Seymour, LHC Group, Inc., LHC Group 401(k) Committee, Does 1 through 10, Josh Proffitt. Local counsel: Eric W. Iskra. Fee $50.00. Receipt # AWVSDC-8412988. (Iskra, Eric) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 31
STATEMENT OF VISITING ATTORNEY from Stacey C.S. Cerrone on behalf of Chris Gill, Marcus Macip, Kimberly Seymour, LHC Group, Inc., LHC Group 401(k) Committee, Does 1 through 10, Josh Proffitt. Local counsel: Eric W. Iskra. Fee $50.00. Receipt # AWVSDC-8412973. (Iskra, Eric) (Modified on 4/26/2023 to replace image) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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NOTICE OF DOCKET CORRECTION re: #31 STATEMENT OF VISITING ATTORNEY. Error: The signature page contained an incorrect attorney signature. Correction: Replaced incorrect image with correct image. (mkw) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 30
REPLY MEMORANDUM OF LAW by Does 1 through 10, Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour to #28 Memorandum of Points and Authorities In Opposition. (Iskra, Eric) (Modified on 4/25/2023 to remove link #22 and #25 motions) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 29
REPLY MEMORANDUM OF LAW by Does 1 through 10, Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour to #27 Memorandum In Opposition. (Iskra, Eric) (Modified on 4/25/2023 to remove link to #22 motion) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 28
MEMORANDUM OF POINTS AND AUTHORITIES by Amy Adkins, Glenda Kovach, LHC Group 401(k) Plan in opposition to #25 MOTION by Does 1 through 10, Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour to Stay Pending a Ruling on Defendants' #22 Motion to Transfer Venue Under 28 U.S.C. 1404(a). (Starcher, Kenneth) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 27
MEMORANDUM OF LAW by Amy Adkins, Glenda Kovach, LHC Group 401(k) Plan in opposition to #22 MOTION by Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour, Does 1 through 10 to Transfer Venue from USDC Southern District of WV to USDC Western District of Louisiana. (Attachments: #1 Affidavit of Christina A. Humphrey, #2 Affidavit of Plaintiff Amy Adkins, #3 Affidavit of Plaintiff Glenda Kovach)(Starcher, Kenneth) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 26
MEMORANDUM by Does 1 through 10, Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour in support of Defendants' #25 MOTION to Stay Pending a Ruling on Defendants' Motion to Transfer Venue Under 28 U.S.C. 1404(a). (Iskra, Eric) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 25
MOTION by Does 1 through 10, Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour to Stay Pending a Ruling on Defendants' #22 Motion to Transfer Venue Under 28 U.S.C. 1404(a). (Iskra, Eric) (Modified on 4/4/2023 to add link to #22 motion) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 24
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant LHC Group, Inc. (Iskra, Eric) (Modified on 4/4/2023 to replace image) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 23
MEMORANDUM OF LAW by Does 1 through 10, Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour in support of Defendants' #22 MOTION to Transfer Venue from USDC Southern District of WV to USDC Western District of Louisiana. (Iskra, Eric) (Modified on 4/4/2023 to detach exhibits and file as attachments to the #22 motion) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 22
MOTION by Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour, Does 1 through 10 to Transfer Venue from USDC Southern District of WV to USDC Western District of Louisiana. (Iskra, Eric)(Additional attachments added on 4/4/2023: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (mkw). (Modified on 4/4/2023 to add party filer and to add exhibits that were inadvertently attached to the memorandum) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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NOTICE OF DOCKET CORRECTION re: #22 MOTION. Error: Exhibits were attached to the #23 memorandum. Correction: Detached exhibits from the memorandum and attached to the motion. (mkw) [Transferred from West Virginia Southern on 8/4/2023.]
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NOTICE OF DOCKET CORRECTION re: #24 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure. Error: The image was not flattened. Correction: Replaced unflattened image with flattened image. (mkw) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 20
SUMMONS RETURNED EXECUTED for Josh Proffitt, re: #1 Complaint. Josh Proffitt served via U.S. Mail and via E-mail on Josh Proffitt's counsel Adam R. Carlisle, Lindsey H. Chopin, Stacey C. S. Cerrone of Jackson Lewis who indicated that they were authorized to accept service on behalf of Josh Proffitt on 3/3/2023, answer due 4/4/2023. (Starcher, Kenneth) (Modified on 3/8/2023 to add link to #1 complaint and to add the name of the persons served) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 19
SUMMONS RETURNED EXECUTED for Kimberly Seymour, re: #1 Complaint. Kimberly Seymour served via U.S. Mail and via E-mail on Kimberly Seymour's counsel Adam R. Carlisle, Lindsey H. Chopin, Stacey C. S. Cerrone of Jackson Lewis who indicated that they were authorized to accept service on behalf of Kimberly Seymour on 3/3/2023, answer due 4/4/2023. (Starcher, Kenneth) (Modified on 3/8/2023 to add link to #1 complaint and to add the name of the persons served) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 18
SUMMONS RETURNED EXECUTED for Marcus Macip, re: #1 Complaint. Marcus Macip served via U.S. Mail and via E-mail on Marcus Macip's counsel Adam R. Carlisle, Lindsey H. Chopin, Stacey C. S. Cerrone of Jackson Lewis who indicated that they were authorized to accept service on behalf of Marcus Macip on 3/3/2023, answer due 4/4/2023. (Starcher, Kenneth) (Modified on 3/8/2023 to add link to #1 complaint and to add the names of the persons served) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 17
SUMMONS RETURNED EXECUTED for Chris Gill, re: #1 Complaint. Chris Gill served via U.S. Mail and via E-mail on Chris Gill's counsel Adam R. Carlisle, Lindsey H. Chopin, Stacey C. S. Cerrone of Jackson Lewis who indicated that they were authorized to accept service on behalf of Chris Gill on 3/3/2023, answer due 4/4/2023. (Starcher, Kenneth) (Modified on 3/8/3023 to add link to #1 complaint and to add the names of the persons served) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 16
ORDER granting Defendants' #13 MOTION to Set Aside Default Judgment; directing that the default be set aside as to LHC Group, Inc., and LHC Group 401(k) Committee. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record; any unrepresented parties) (cla) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 15
RETURN RECEIPT CARD received re: #11 Entry of Default by Clerk; delivered to LHC Group, 401(k) Committee on 3/3/2023. (jsa) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 14
RETURN RECEIPT CARD received re: #11 Entry of Default by Clerk; delivered to LHC Group, Inc. on 3/3/2023. (jsa) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 13
MOTION by Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour to Set Aside the #11 Default Judgment. (Iskra, Eric) (Modified on 3/3/2023 to add link to #11 entry of default) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 12
JOINT STIPULATION TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' CLASS ACTION COMPLAINT by LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour, Glenda Kovach, Amy Adkins, Chris Gill; the parties agreed to Extend Defendants' Deadline to Respond to Plaintiffs' #1 Class Action Complaint to 4/4/2023. (Iskra, Eric) (Modified on 3/3/2023 to add party filers) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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RESET DEADLINE: Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt and Kimberly Seymour answer due 4/4/2023. (mkw) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 11
SET ASIDE PURSUANT TO THE #16 ORDER. ENTRY OF DEFAULT BY CLERK as to LHC Group 401(k) Committee, LHC Group, Inc. (Attachments: #1 certified mail receipt as to LHC Group, Inc., #2 certified mail receipt as to LHC Group, 401(k) Committee) (cc: counsel of record; defendant via certified mail) (jsa) (Modified on 3/6/2023 to note that the entry of default by clerk is set aside pursuant to the #16 order) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 10
ORDER directing the Clerk to enter a default, pursuant to Fed. R. Civ. P. 55(a), against Defendants LHC Group, Inc. and LHC Group 401(K) Committee; further directing counsel for Plaintiffs to file the appropriate motions and affidavits, or to arrange for the necessary evidentiary hearing, to facilitate the entry of default judgment, pursuant to Fed. R. Civ. P. 55(b), within twenty days of the entry of this Order. Signed by Judge Robert C. Chambers on 3/1/2023. (cc: counsel of record; any unrepresented parties) (jsa) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 9
AFFIDAVIT OF SERVICE by Personal Service for LHC Group 401(k) Committee. LHC Group 401(k) Committee served on 2/3/2023, answer due 2/24/2023. Summons served on Kayla Fisher. (Starcher, Kenneth) (Modified on 2/10/2023 to add the name of the person served and to correct the answer due date) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 8
AFFIDAVIT OF SERVICE by Personal Service for LHC Group, Inc. LHC Group, Inc. served on 2/3/2023, answer due 2/24/2023. Summons served on Kayla Fisher. (Starcher, Kenneth) (Modified on 2/10/2023 to add the name of the person served and to correct the answer due date) (mkw). [Transferred from West Virginia Southern on 8/4/2023.]
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RESET DEADLINES: LHC Group 401(k) Committee and LHC Group, Inc. answer due 2/24/2023. (mkw) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 7
STATEMENT OF VISITING ATTORNEY from Renee P. Ortega on behalf of LHC Group 401(k) Plan, Amy Adkins, Glenda Kovach. Local counsel: Kenneth R. Starcher. Fee $50.00. Receipt # AWVSDC-8349594. (Starcher, Kenneth) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 6
STATEMENT OF VISITING ATTORNEY from James A. Clark on behalf of LHC Group 401(k) Plan, Amy Adkins, Glenda Kovach. Local counsel: Kenneth R. Starcher. Fee $50.00. Receipt # AWVSDC-8349592. (Starcher, Kenneth) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 5
STATEMENT OF VISITING ATTORNEY from Robert N. Fisher on behalf of LHC Group 401(k) Plan, Amy Adkins, Glenda Kovach. Local counsel: Kenneth R. Starcher. Fee $50.00. Receipt # AWVSDC-8349590. (Starcher, Kenneth) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 4
STATEMENT OF VISITING ATTORNEY from Christina A. Humphrey on behalf of LHC Group 401(k) Plan, Amy Adkins, Glenda Kovach. Local counsel: Kenneth R. Starcher. Fee $50.00. Receipt # AWVSDC-8349588. (Starcher, Kenneth) [Transferred from West Virginia Southern on 8/4/2023.]
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CASE assigned to Judge Robert C. Chambers. (klc) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 3
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 2
ELECTRONIC SUMMONS ISSUED as to Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour, re: #1 Class Action Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 summons as to LHC Group 401(k) Committee, #2 summons as to Marcus Macip, #3 summons as to Josh Profitt, #4 summons as to Chris Gill, #5 summons as to Kimberly Seymour) (jsa) [Transferred from West Virginia Southern on 8/4/2023.]
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Filing 1
CLASS ACTION COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8348326. (Attachments: #1 Proposed Summons as to LHC Group, Inc., #2 Proposed Summons as to LHC Group 401(k) Committee, #3 Proposed Summons as to Marcus Macip, #4 Proposed Summons as to Josh Profitt, #5 Proposed Summons as to Chris Gill, #6 Proposed Summons as to Kimberly Seymour, #7 Civil Cover Sheet) (jsa) [Transferred from West Virginia Southern on 8/4/2023.]
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