Moitoso et al v. FMR LLC et al
| Kevin Moitoso, Mary Lee Torline, Tim Lewis and Sheryl Arndt |
| FMR LLC Retirement Committee, FMR LLC, John and Jane Does 1-20, Fidelity Investments Institutional Operations Company, Inc., FMR Co., Inc., Fidelity Management & Research Company, Strategic Advisers, Inc. and FMR LLC Funded Benefits Investment Committee |
| Judge M. Page Kelley |
| 1:2018cv12122 |
| October 10, 2018 |
| US District Court for the District of Massachusetts |
| William G Young |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1104 |
| Plaintiff |
Docket Report
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| Filing 223 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 222 Transcript of Case-Stated Hearing held on November 20, 2019, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. (Scalfani, Deborah) |
| Filing 221 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Case Stated Hearing held on 11/20/2019. The Court hears arguments of counsel and takes the matter under advisement. All current deadlines are suspended. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Richter, Thomson, Lukas and Specht for the plaintiffs and Attorneys Jay, Douglass, Falvey and Hennecken for the defendant) (Gaudet, Jennifer) |
| Filing 220 Response by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company to #213 Notice of Supplemental Authorities . (Douglass, Alison) |
| Filing 219 Set/Reset Hearings: Case Stated Hearing set for 11/20/2019 10:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 217 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 216 Transcript of Motion for Summary Judgment Hearing held on November 7, 2019, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 12/5/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/12/2020. (Scalfani, Deborah) |
| Filing 215 DECLARATION re #214 Notice (Other) of Mark Thomson (Supplemental) by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit Corrected Ex. 4, #2 Exhibit Corrected Ex. 5, #3 Exhibit Corrected Ex. 6, #4 Exhibit Corrected Ex. 7)(Thomson, Mark) |
| Filing 214 NOTICE by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline re #135 MOTION for Partial Summary Judgment of Errata to Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment (Thomson, Mark) |
| Filing 213 Notice of Supplemental Authorities re #139 MOTION for Summary Judgment (Attachments: #1 Exhibit A)(Richter, Kai) |
| Filing 218 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 11/7/2019 at Boston College Law School re #139 MOTION for Summary Judgment filed by FMR LLC Retirement Committee, Fidelity Management & Research Company, Fidelity Investments Institutional Operations Company, Inc., FMR Co., Inc., FMR LLC Funded Benefits Investment Committee, FMR LLC, #135 MOTION for Partial Summary Judgment filed by Sheryl Arndt, Kevin Moitoso, Mary Lee Torline, Tim Lewis. After hearing arguments of counsel, the Court takes the matter under advisement and set a case stated hearing for November 20, 2019. All other deadlines are terminated until further order of the Court. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Lukas, Specht and Richter for the plaintiffs, Attorneys Jay, Douglass and Falvey for the defendants) (Gaudet, Jennifer) |
| Filing 212 Judge William G. Young: ELECTRONIC ORDER entered re #197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds.Allowed. This does not, however, mean that evidence of absolute preformance is not relevant (Paine, Matthew) |
| Filing 211 Judge William G. Young: ELECTRONIC ORDER entered denying #191 Motion to Bifurcate Trial; denying #194 Motion in Limine (Paine, Matthew) |
| Filing 210 Amended MOTION for Partial Summary Judgment by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 209 Joint Letter/request (non-motion) from counsel for Plaintiffs and Defendants re November 7, 2019 summary judgment hearing. (Falvey, John) |
| Filing 208 STIPULATION (Joint) Regarding Non-Consideration of Stable Value, Collective Trust, and Separate Account Investments by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 207 DECLARATION re #206 Memorandum in Opposition to Motion, by Alison V. Douglass by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Douglass, Alison) |
| Filing 206 MEMORANDUM in Opposition re #194 MOTION in Limine to Exclude Evidence, Testimony, and Argument Relating to Pre-Class Period Evidence That Was Not Previously Produced by Defendants Pursuant to the Court's Order filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 205 MEMORANDUM in Opposition re #191 MOTION to Bifurcate Trial filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) |
| Filing 204 MEMORANDUM in Opposition re #197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 203 NOTICE by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company re #152 Reply to Response to Motion, Notice of Errata to Reply Memorandum in Support of Defendants' Motion to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Steve Pomerantz (Douglass, Alison) |
| Filing 202 DECLARATION re #120 Declaration, Supplemental Declaration of Mark Egland by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 201 NOTICE by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company re #115 Memorandum in Support of Motion, Notice of Errata to Memorandum in Support of Defendants' Motion to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Steve Pomerantz (Douglass, Alison) |
| Filing 200 Response by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company to #190 Notice (Other), Defendants' Response to Plaintiffs' Notice Regarding Supplemental Report of Bruce Strombom Submitted After Briefing on Defendants' Motion to Strike Two Damage Models Offered by Dr. Steve Pomerantz. (Douglass, Alison) |
| Filing 199 DECLARATION re #197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds Declaration of Brock Specht by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1)(Specht, Brock) |
| Filing 198 MEMORANDUM in Support re #197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) |
| Filing 197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Specht, Brock) |
| Filing 196 DECLARATION re #194 MOTION in Limine to Exclude Evidence, Testimony, and Argument Relating to Pre-Class Period Evidence That Was Not Previously Produced by Defendants Pursuant to the Court's Order Declaraton of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Richter, Kai) |
| Filing 195 MEMORANDUM in Support re #194 MOTION in Limine to Exclude Evidence, Testimony, and Argument Relating to Pre-Class Period Evidence That Was Not Previously Produced by Defendants Pursuant to the Court's Order filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 194 MOTION in Limine to Exclude Evidence, Testimony, and Argument Relating to Pre-Class Period Evidence That Was Not Previously Produced by Defendants Pursuant to the Court's Order by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 193 DECLARATION re #191 MOTION to Bifurcate Trial , of Michael K. Isenman by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1 - Excerpts from Suess Report)(Douglass, Alison) |
| Filing 192 MEMORANDUM in Support re #191 MOTION to Bifurcate Trial filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 191 MOTION to Bifurcate Trial by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) |
| Filing 190 NOTICE by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline Regarding Supplemental Report of Bruce Strombom Submitted After Briefing On Defendants' Motion To Strike Two Damage Models Offered By Dr. Steve Pomerantz (Attachments: #1 Exhibit A)(Richter, Kai) |
| Filing 189 Judge William G. Young: ELECTRONIC ORDER entered granting #188 Motion for Leave to Appear Pro Hac Vice. Added Grace I. Chanin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 188 MOTION for Leave to Appear Pro Hac Vice for admission of Grace I. Chanin Filing fee: $ 100, receipt number 0101-7933430 by Kevin Moitoso. (Attachments: #1 Affidavit)(Leviton, Jason) |
| Filing 187 NOTICE by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline Notice of ERRATA Sheet of FMR LLC Rule 30(b)(6) Witness (Attachments: #1 Exhibit 1)(Richter, Kai) |
| Filing 186 Judge William G. Young: ORDER entered. PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference set for 11/20/2019 02:30 PM in Courtroom 18 before Judge William G. Young. A joint pretrial memorandum is due on or before Monday, November 18, 2019.(Gaudet, Jennifer) |
| Filing 185 ELECTRONIC NOTICE issued requesting courtesy copy for #177 Declaration, #174 Reply to Response to Motion, #182 Declaration, #180 Reply to Response to Motion, #176 Reply to Response to Motion, #175 Reply to Response to Motion, #181 Response, #183 Declaration,, #178 Reply to Response to Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 184 Notice of correction to docket made by Court staff. Correction: Docket Entry 184 Was Deleted and Removed From the Docket As Counsel Rosenberg Incorrectly Filed The Same Docket Entry Twice on the Case. ECF No. #183 Was Updated and Correctly Linked to ECF No. #179 on the Docket. (Paine, Matthew) |
| Filing 183 DECLARATION re #179 Reply to Response to Motion, of Dave Rosenberg Reply to Response to Motion, of Dave Rosenberg by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Rosenberg, David) (Modified on 10/15/2019 to Correct CM/ECF Document Link) (Paine, Matthew). |
| Filing 182 DECLARATION re #180 Reply to Response to Motion, of Christina L. Hennecken by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hennecken, Christina) |
| Filing 181 Response by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company to #153 Statement of Material Facts L.R. 56.1, . (Falvey, John) |
| Filing 180 REPLY to Response to #129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 179 REPLY to Response to #139 MOTION for Summary Judgment filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Appendix A)(Falvey, John) |
| Filing 178 REPLY to Response to #123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) |
| Filing 177 DECLARATION re #176 Reply to Response to Motion of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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, #11 Exhibit 11)(Richter, Kai) |
| Filing 176 REPLY to Response to #135 MOTION for Partial Summary Judgment filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 175 REPLY to Response to #126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Declaration of Alison V. Douglass, #2 Exhibit 1)(Douglass, Alison) |
| Filing 174 REPLY to Response to #132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 173 Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER For the foregoing reasons, this Court GRANTS Fidelity's motion to strike the Plaintiffs jury demand, ECF No. #72 . Nonetheless, because citizen juries play a vital role in our democracy and so as to preserve the Plaintiffs rights, this Court shall empanel an advisory jury. SO ORDERED.(Sonnenberg, Elizabeth) |
| Filing 172 ELECTRONIC NOTICE issued requesting courtesy copy for #165 Memorandum in Opposition to Motion, #159 Declaration, #163 Declaration, #162 Memorandum in Opposition to Motion, #153 Statement of Material Facts L.R. 56.1, #170 Declaration, #169 Declaration, #155 Declaration,, #158 Declaration, #166 Declaration,, #161 Declaration, #160 Memorandum in Opposition to Motion, #156 Declaration, #167 Response, #157 Declaration, #164 Memorandum in Opposition to Motion, #168 Memorandum in Opposition to Motion, #171 Declaration, #154 Memorandum in Opposition to Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine Docket Clerk Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 171 DECLARATION re #168 Memorandum in Opposition to Motion, of Jonathan Reuter, Ph.D. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 170 DECLARATION re #168 Memorandum in Opposition to Motion, of Bruce Strombom, Ph.D. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 169 DECLARATION re #168 Memorandum in Opposition to Motion, of Christina L. Hennecken by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hennecken, Christina) |
| Filing 168 MEMORANDUM in Opposition re #123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 167 Response by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company to #137 Statement of Material Facts L.R. 56.1 . (Falvey, John) |
| Filing 166 DECLARATION re #165 Memorandum in Opposition to Motion, of Dave Rosenberg by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (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, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #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)(Rosenberg, David) (Attachment 7 replaced on 10/23/2019) (Paine, Matthew). |
| Filing 165 MEMORANDUM in Opposition re #135 MOTION for Partial Summary Judgment filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 164 MEMORANDUM in Opposition re #132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Thomson, Mark) |
| Filing 163 DECLARATION re #162 Memorandum in Opposition to Motion of Brock J. Specht by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit A, #2 Exhibit B)(Specht, Brock) |
| Filing 162 MEMORANDUM in Opposition re #129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) |
| Filing 161 DECLARATION re #160 Memorandum in Opposition to Motion of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Richter, Kai) |
| Filing 160 MEMORANDUM in Opposition re #126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 159 DECLARATION re #154 Memorandum in Opposition to Motion of Sheryl Arndt by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 158 DECLARATION re #154 Memorandum in Opposition to Motion of Mary Lee Torline by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 157 DECLARATION re #154 Memorandum in Opposition to Motion of Tim Lewis by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 156 DECLARATION re #154 Memorandum in Opposition to Motion of Kevin Moitoso by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 155 DECLARATION re #154 Memorandum in Opposition to Motion of Mark E. Thomson by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #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, #23 Exhibit 23)(Richter, Kai) |
| Filing 154 MEMORANDUM in Opposition re #139 MOTION for Summary Judgment filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 153 Statement of Material Facts L.R. 56.1 re #139 MOTION for Summary Judgment (Response) and Statement of Additional Material Facts Pursuant to L.R. 56.1 filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 152 REPLY to Response to #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 151 DECLARATION re #149 Memorandum in Opposition to Motion, of Steve Pomerantz by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Engstrom, Carl) |
| Filing 150 DECLARATION re #149 Memorandum in Opposition to Motion, of Carl F. Engstrom by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1)(Engstrom, Carl) |
| Filing 149 MEMORANDUM in Opposition re #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Engstrom, Carl) |
| Filing 148 Judge William G. Young: ELECTRONIC ORDER entered granting #146 Joint Motion for Extension of Time to File Response/Reply re #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz. Response due on or before 9/26/2019; Reply due on or before 10/3/2019. (Gaudet, Jennifer) |
| Filing 147 ELECTRONIC NOTICE Setting Hearing on Motion #135 MOTION for Partial Summary Judgment , #139 MOTION for Summary Judgment : Motion Hearing set for 11/7/2019 02:00 PM before Judge William G. Young. This hearing will take place at Boston College Law School, 885 Centre Street, East Wing, Room 115, Newton, MA. (Gaudet, Jennifer) |
| Filing 146 Joint MOTION for Extension of Time to 09/26/2019 to File Response/Reply by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 145 Judge William G. Young: ELECTRONIC ORDER entered granting #122 Motion for Leave to Appear Pro Hac Vice. Added William M. Jay. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 144 ELECTRONIC NOTICE issued requesting courtesy copy for #134 Declaration, #129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz , #131 Declaration, #133 Memorandum in Support of Motion, #132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres , #128 Declaration, #130 Memorandum in Support of Motion, #127 Memorandum in Support of Motion, #126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 143 ELECTRONIC NOTICE issued requesting courtesy copy for #140 Memorandum in Support of Motion, #138 Declaration #139 MOTION for Summary Judgment , #142 Declaration #135 MOTION for Partial Summary Judgment , #137 Statement of Material Facts L.R. 56.1, #141 Statement of Material Facts L.R. 56.1, #136 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 142 DECLARATION re #139 MOTION for Summary Judgment of Dave Rosenberg by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (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, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #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, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103)(Rosenberg, David) (Attachment 12 replaced on 9/9/2019) (Paine, Matthew). (Attachment 22 replaced on 10/4/2019) (Gaudet, Jennifer). |
| Filing 141 Statement of Material Facts L.R. 56.1 re #139 MOTION for Summary Judgment filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 140 MEMORANDUM in Support re #139 MOTION for Summary Judgment filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 139 MOTION for Summary Judgment by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Falvey, John) |
| Filing 138 DECLARATION re #135 MOTION for Partial Summary Judgment by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1 part 1, #2 Exhibit 1 part 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6 part 1, #8 Exhibit 6 part 2, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58, #61 Exhibit 59, #62 Exhibit 60, #63 Exhibit 61, #64 Exhibit 62, #65 Exhibit 63, #66 Exhibit 64, #67 Exhibit 65, #68 Exhibit 66, #69 Exhibit 67, #70 Exhibit 68, #71 Exhibit 69 part 1, #72 Exhibit 69 part 2, #73 Exhibit 70, #74 Exhibit 71, #75 Exhibit 72, #76 Exhibit 73, #77 Exhibit 74, #78 Exhibit 75, #79 Exhibit 76)(Thomson, Mark) |
| Filing 137 Statement of Material Facts L.R. 56.1 re #135 MOTION for Partial Summary Judgment filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 136 MEMORANDUM in Support re #135 MOTION for Partial Summary Judgment filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 135 MOTION for Partial Summary Judgment by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 134 DECLARATION re #132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres of John J. Falvey, Jr. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Falvey, John) |
| Filing 133 MEMORANDUM in Support re #132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Falvey, John) |
| Filing 131 DECLARATION re #129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz of Christina L. Hennecken by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hennecken, Christina) |
| Filing 130 MEMORANDUM in Support re #129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) |
| Filing 128 DECLARATION re #126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. of Alison V. Douglass by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Douglass, Alison) |
| Filing 127 MEMORANDUM in Support re #126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) |
| Filing 125 DECLARATION re #123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom of Brock J. Specht by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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)(Specht, Brock) |
| Filing 124 MEMORANDUM in Support re #123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) |
| Filing 123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Specht, Brock) |
| Filing 122 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of William M. Jay Filing fee: $ 100, receipt number 0101-7864062 by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit A: Certificate of William M. Jay)(Douglass, Alison) |
| Filing 121 ELECTRONIC NOTICE issued requesting courtesy copy for #119 Declaration, #120 Declaration, #118 Declaration, #117 Declaration, #116 Declaration,, #115 Memorandum in Support of Motion, #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine Docket Clerk Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 120 DECLARATION re #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Mark Egland by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit 1)(Douglass, Alison) |
| Filing 119 DECLARATION re #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Anne LaRue by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 118 DECLARATION re #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Bruce Strombom, Ph.D. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 117 DECLARATION re #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Christina L. Hennecken by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 116 DECLARATION re #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Alison V. Douglass by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (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, #11 Exhibit 11)(Douglass, Alison) |
| Filing 115 MEMORANDUM in Support re #114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) |
| Filing 113 RESPONSE re #112 Notice of Supplemental Authorities re #72 MOTION to Strike #70 Jury Demand (Richter, Kai) (Modified on 8/22/2019 to Correct Docket Text As Counsel Filed The Response Under the Wrong Event in CM/ECF) (Paine, Matthew). |
| Filing 112 Notice of Supplemental Authorities re #72 MOTION to Strike #70 Jury Demand (Attachments: #1 Exhibit A)(Falvey, John) |
| Filing 111 Judge William G. Young: ELECTRONIC ORDER entered granting #109 Motion for Leave to Appear Pro Hac Vice; granting #110 Motion for Leave to Appear Pro Hac Vice. Added Michael Isenman and Christina L. Hennecken. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 110 MOTION for Leave to Appear Pro Hac Vice for admission of Christina L. Hennecken Filing fee: $ 100, receipt number 0101-7803817 by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit A)(Douglass, Alison) |
| Filing 109 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Isenman Filing fee: $ 100, receipt number 0101-7803772 by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit A)(Douglass, Alison) |
| Filing 108 Judge William G. Young: ELECTRONIC ORDER entered granting #107 Joint MOTION for Leave to Conduct One Expert Deposition Outside Expert Discovery Deadline (Paine, Matthew) |
| Filing 107 Joint MOTION for Leave to Conduct One Expert Deposition Outside Expert Discovery Deadline by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) |
| Filing 106 Judge William G. Young: ELECTRONIC ORDER entered re #97 MOTION for Status Conference. 1. In view of the breadth of the release, discovery prior to its date is denied. 2. The motion to strike the jury demand stands on a very different footing. Usually, claims for money such as this are triable as of right to a jury. Even were this motion to be allowed - which it may well be - such allowance can take place only after the most meticulous and exhaustive analysis. Even then, the request for an advisory jury commends itself to the Court. In any event, this matter need not be decided until trial. 3. The dispute over claims of privilege remains under advisement. 4. There is no need for a status conference, It would be improvident to waste time on oral argument of discovery motions. The matter appears to be proceeding apace to trial. (Paine, Matthew) |
| Filing 105 SUR-REPLY to Motion re #94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 104 Judge William G. Young: ELECTRONIC ORDER entered granting #103 MOTION for Leave to File Sur-reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 103 MOTION for Leave to File Sur-reply Memorandum of Law in Further Support of Opposition to Plaintiff's Motion to Compel by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Exhibit A - Proposed Reply)(Falvey, John) |
| Filing 102 REPLY to Response to #94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 101 Judge William G. Young: ELECTRONIC ORDER entered granting #100 MOTION for Leave to File Reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 100 MOTION for Leave to File Reply Memorandum of Law in Support of Motion to Compel Discovery of Certain Documents on Defendants' Privilege Logs by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit A - Plaintiffs' Reply Memorandum in Support of Motion to Compel)(Richter, Kai) |
| Filing 99 DECLARATION re #98 Opposition to Motion, of Alison V. Douglass by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, John and Jane Does 1-20. (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, #11 Exhibit 11)(Douglass, Alison) |
| Filing 98 Opposition re #94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, John and Jane Does 1-20, Strategic Advisers, Inc.. (Falvey, John) |
| Filing 97 MOTION for Status Conference by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 96 DECLARATION re #94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Richter, Kai) |
| Filing 95 MEMORANDUM in Support re #94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 93 Judge William G. Young: ELECTRONIC ORDER entered granting #92 Motion for Leave to Appear Pro Hac Vice. Added James H. Kaster. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 92 MOTION for Leave to Appear Pro Hac Vice for admission of James H. Kaster Filing fee: $ 100, receipt number 0101-7718041 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Certification for Pro Hac Vice)(Leviton, Jason) |
| Filing 91 Judge William G. Young: ELECTRONIC ORDER entered re #85 MOTION to Amend Scheduling Order. The plaintiffs shall have the additional 30 days to complete their discovery obligation. The motion is otherwise denied in its entirety. There shall be no further continuance. (Paine, Matthew) |
| Filing 90 DECLARATION re #89 Opposition to Motion, (Declaration of Alison Douglass in Support of Defendants' Opposition to Plaintiffs' Motion to Amend Scheduling Order) by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) |
| Filing 89 Opposition re #85 MOTION to Amend Scheduling Order filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 88 Defendants' ANSWER to #77 Amended Complaint, by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) |
| Filing 87 DECLARATION re #85 MOTION to Amend Scheduling Order by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Richter, Kai) |
| Filing 86 MEMORANDUM in Support re #85 MOTION to Amend Scheduling Order filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 85 MOTION to Amend Scheduling Order by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 84 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Hearing re Jury Demand held on 5/7/2019. After hearing oral arguments, the Court takes the matter under advisement. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Engstrom and Lukas for the plaintiffs, Attorneys Douglass, Falvey and Nemser for the defendants) (Gaudet, Jennifer) |
| Filing 83 Judge William G. Young: ORDER entered. SO ORDERED re #78 STIPULATION Regarding Class Certification (Joint). (Paine, Matthew) |
| Filing 82 REPLY to Response to #72 MOTION to Strike #70 Jury Demand filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) |
| Filing 81 Judge William G. Young: ELECTRONIC ORDER entered granting #80 MOTION for Leave to File a Reply in Support of Motion to Strike Jury Demand ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 80 MOTION for Leave to File a Reply in Support of Motion to Strike Jury Demand by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: #1 Proposed Reply)(Falvey, John) |
| Filing 79 NOTICE of Appearance by Paul E. Nemser on behalf of FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company (Nemser, Paul) |
| Filing 78 STIPULATION Regarding Class Certification (Joint) by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 77 AMENDED COMPLAINT (Fourth) against Fidelity Management & Research Company, FMR LLC Funded Benefits Investment Committee, FMR Co., Inc., Fidelity Investments Institutional Operations Company, Inc., FMR LLC, FMR LLC Retirement Committee, filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1 to Fourth Amended Complaint (Part 1), #2 Exhibit 1 to Fourth Amended Complaint (Part 2))(Richter, Kai) |
| Filing 76 STIPULATION Regarding Fourth Amended Complaint by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Fourth Amended Complaint, #2 Exhibit 1 to Fourth Amended Complaint (Part 1), #3 Exhibit 2 to Fourth Amended Complaint (Part 2))(Richter, Kai) (Main Document 76 replaced on 5/2/2019) (Paine, Matthew). |
| Filing 75 MEMORANDUM in Opposition re #72 MOTION to Strike #70 Jury Demand filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 74 ELECTRONIC NOTICE of Hearing.Hearing Re Jury Demand set for 5/7/2019 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 73 MEMORANDUM in Support re #72 MOTION to Strike #70 Jury Demand filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Falvey, John) |
| Filing 72 MOTION to Strike #70 Jury Demand by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc..(Falvey, John) |
| Filing 71 Defendants' ANSWER to #56 Amended Complaint, (third) by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc..(Douglass, Alison) |
| Filing 70 DEMAND for Trial by Jury by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 69 SUR-REPLY to Motion re #49 MOTION to Compel Discovery filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Falvey, John) |
| Filing 68 Judge William G. Young: ELECTRONIC ORDER entered granting #58 Joint Motion to Amend (Paine, Matthew) |
| Filing 67 Judge William G. Young: ELECTRONIC ORDER entered granting #66 MOTION for Leave to File Sur-reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 66 MOTION for Leave to File Sur-reply Memorandum of Law in Further Opposition to Plaintiffs' Motion to Compel by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Attachments: #1 Exhibit A)(Falvey, John) |
| Filing 65 DECLARATION re #49 MOTION to Compel Discovery of Mark E. Thomson by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1)(Richter, Kai) |
| Filing 64 REPLY to Response to #49 MOTION to Compel Discovery filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 63 Judge William G. Young: ELECTRONIC ORDER entered granting #62 MOTION for Leave to File Reply Memorandum of Law in Support of Motion to Compel Discovery ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 62 MOTION for Leave to File Reply Memorandum of Law in Support of Motion to Compel Discovery by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit A, #2 Exhibit B)(Richter, Kai) |
| Filing 61 ELECTRONIC NOTICE issued requesting courtesy copy for #60 Declaration,, #50 Memorandum in Support of Motion, #49 MOTION to Compel Discovery, #59 Memorandum in Opposition to Motion, #51 Declaration,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine Docket Clerk Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 60 DECLARATION of David Rosenberg in Opposition re #49 MOTION to Compel Discovery by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (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)(Rosenberg, David) (Modified on 4/1/2019 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 59 MEMORANDUM in Opposition re #49 MOTION to Compel Discovery filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Falvey, John) |
| Filing 58 Joint MOTION to Amend #22 Order, Set Deadlines to Extend Interim Deadlines for Class Certification Motion and Briefing by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 57 ELECTRONIC NOTICE Cancelling Hearings. Counsel have informed the Court they do not believe the case is ripe for mediation at this time. Accordingly the May 9 telephone conference and May 14 mediation in front of Magistrate Judge Kelley are cancelled. If the parties wish to reschedule the mediation in the future they should reach out to the Court. (Belmont, Kellyann) |
| Filing 56 AMENDED COMPLAINT (Third) against Fidelity Management & Research Company, Strategic Advisers, Inc., FMR LLC Funded Benefits Investment Committee, FMR Co., Inc., Fidelity Investments Institutional Operations Company, Inc., FMR LLC, FMR LLC Retirement Committee, filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline, Sheryl Arndt. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2)(Richter, Kai) |
| Filing 55 Judge William G. Young: ELECTRONIC ORDER entered granting #52 MOTION for Leave to File Third Amended Complaint Adding Class Representative (Unopposed) ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 54 NOTICE of Appearance by Benjamin S. Reilly on behalf of FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc. (Reilly, Benjamin) |
| Filing 53 NOTICE of Appearance by David Rosenberg on behalf of FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc. (Rosenberg, David) |
| Filing 52 MOTION for Leave to File Third Amended Complaint Adding Class Representative (Unopposed) by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit A - Proposed Third Amended Complaint, #2 Exhibit 1 to Proposed Third Amended Complaint (Part 1), #3 Exhibit 1 to Proposed Third Amended Complaint (Part 2))(Thomson, Mark) |
| Filing 51 DECLARATION re #49 MOTION to Compel Discovery of Kai Richter by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Richter, Kai) |
| Filing 50 MEMORANDUM in Support re #49 MOTION to Compel Discovery filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 49 MOTION to Compel Discovery by Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 48 ANSWER to #37 Amended Complaint, by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc..(Douglass, Alison) |
| Filing 47 ELECTRONIC NOTICE of Hearing. Alternative Dispute Resolution Hearing set for 5/14/2019 09:30 AM in Courtroom 24 before Magistrate Judge M. Page Kelley. Telephone Conference re mediation set for 5/9/2019 03:30 PM in Courtroom 24 before Magistrate Judge M. Page Kelley. Counsel should call 1-866-434-5269 and enter access code 7576465. Counsel are advised to dial in five minutes prior to the hearing. INSTRUCTIONS - Counsel and principals are directed to be present and to have full settlement authority. They should be prepared to stay until 6:00 p.m. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to patricia_macdougall@mad.uscourts.gov no later than May 6, 2019 (preferably via email to patricia_macdougall@mad.uscourts.gov or to her attention via hand delivery to the Chambers of Mag. Judge Kelley, Suite 7-410). The mediation memorandum should be marked "Confidential - Not for Docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or if the date poses a serious conflict, please confer with opposing counsel and email Kellyann Belmont (Kellyann_Belmont@mad.uscourts.gov) and request another date. Please email Patricia MacDougall with any other mediation related issues(Belmont, Kellyann) |
| Filing 46 Judge William G. Young: ORDER entered. PROTECTIVE ORDER as modified (Attachments: #1 Attachment - A)(Paine, Matthew) |
| Filing 45 Judge William G. Young: ELECTRONIC ORDER entered. Allowed as modified re #43 Joint MOTION for Protective Order (Paine, Matthew) |
| Filing 44 DEMAND for Trial by Jury by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) |
| Filing 43 Joint MOTION for Protective Order by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Attachments: #1 Exhibit A)(Falvey, John) |
| Filing 42 NOTICE of Appearance by John J. Falvey, Jr on behalf of FMR LLC Funded Benefits Investment Committee (Falvey, John) |
| Filing 41 NOTICE of Appearance by Alison V. Douglass on behalf of FMR LLC Funded Benefits Investment Committee (Douglass, Alison) |
| Filing 40 CORPORATE DISCLOSURE STATEMENT by Strategic Advisers, Inc.. (Douglass, Alison) |
| Filing 39 NOTICE of Appearance by Alison V. Douglass on behalf of Strategic Advisers, Inc. (Douglass, Alison) |
| Filing 38 NOTICE of Appearance by John J. Falvey, Jr on behalf of Strategic Advisers, Inc. (Falvey, John) |
| Filing 37 AMENDED COMPLAINT (Second) against Fidelity Management & Research Company, FMR Co., Inc., Fidelity Investments Institutional Operations Company, Inc., FMR LLC, FMR LLC Retirement Committee, FMR LLC Funded Benefits Investment Committee, Strategic Advisers, Inc., filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2)(Richter, Kai) |
| Filing 36 Judge William G. Young: ELECTRONIC ORDER entered granting #35 MOTION for Leave to Amend the First Amended Complaint (Unopposed) ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 35 MOTION for Leave to Amend the First Amended Complaint (Unopposed) by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint (Part 1), #2 Exhibit A - Proposed Second Amended Complaint (Part 2))(Thomson, Mark) (Modified on 1/9/2019 to Correct CM/ECF Filing Event as Counsel Used the Wrong Event in CM/ECF) (Paine, Matthew). |
| Filing 34 Notice of assignment to ADR Provider. Judge M. Page Kelley appointed.(Garvin, Brendan) |
| Filing 33 Defendants' ANSWER to #31 Amended Complaint by FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) |
Filing 32
ORDER REFERRING CASE to Alternative Dispute Resolution as of May 2019.(Paine, Matthew)
|
| Filing 31 AMENDED COMPLAINT against All Defendants, filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) |
| Filing 30 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Scheduling Conference held on 11/6/2018. The Court explains the requirements of the session. The parties do not want to proceed before a magistrate judge. The case is to go to ADR during the month of May 2019 and is placed on the running trial list for December 2019. A final pretrial conference will be held during the month of November 2019. Any motions for summary judgment shall be filed atleast three (3) months prior to trial month. A joint pretrial memorandum is due the first Monday of the month preceding the trial month. ( Ready for Trial on 12/2/2019 09:00 AM in Courtroom 18 before Judge William G. Young.) (Court Reporter: No Court Reporter Used.) (Gaudet, Jennifer) |
| Filing 29 CERTIFICATION pursuant to Local Rule 16.1 by Mary Lee Torline.(Richter, Kai) |
| Filing 28 CERTIFICATION pursuant to Local Rule 16.1 by Tim Lewis.(Richter, Kai) |
| Filing 27 CERTIFICATION pursuant to Local Rule 16.1 by Kevin Moitoso.(Richter, Kai) |
| Filing 26 Judge William G. Young: ELECTRONIC ORDER entered granting #24 Motion for Leave to Appear Pro Hac Vice; granting #25 Motion for Leave to Appear Pro Hac Vice. Added Brock J. Specht and Jacob T. Schutz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice for admission of Jacob T. Schutz Filing fee: $ 100, receipt number 0101-7394456 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Certification for Pro Hac Vice)(Leviton, Jason) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice for admission of Brock J. Specht Filing fee: $ 100, receipt number 0101-7394441 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Certification for Pro Hac Vice)(Leviton, Jason) |
| Filing 23 CERTIFICATION pursuant to Local Rule 16.1 by Defendants. (Douglass, Alison) |
| Filing 22 Judge William G. Young: ORDER entered re #21 JOINT STATEMENT is so ordered as the case management scheduling order. DISCOVERY DUE August 9, 2019 and DISPOSITIVE MOTIONS DUE September 6, 2019. (Paine, Matthew) |
| Filing 21 JOINT STATEMENT re scheduling conference and Proposed Agenda. (Falvey, John) |
| Filing 20 Judge William G. Young: ELECTRONIC ORDER entered granting #16 Motion for Leave to Appear Pro Hac Vice; granting #17 Motion for Leave to Appear Pro Hac Vice; granting #18 Motion for Leave to Appear Pro Hac Vice; granting #19 Motion for Leave to Appear Pro Hac Vice. Added Carl E. Engstrom, Kai H. Richter, Mark E. Thomson, Paul J. Lukas. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice for admission of Paul J. Lukas Filing fee: $ 100, receipt number 0101-7377162 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Certification of Paul J. Lukas ISO Motion for Leave to Appear PHV)(Leviton, Jason) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Mark E. Thomson Filing fee: $ 100, receipt number 0101-7377147 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Certification of Mark E. Thomson ISO of Motion to Appear PHV)(Leviton, Jason) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice for admission of Kai H. Richter Filing fee: $ 100, receipt number 0101-7377134 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Certification of Kai H. Richter ISO Motion for Leave to Appear PHV)(Leviton, Jason) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice for admission of Carl E. Engstrom Filing fee: $ 100, receipt number 0101-7377080 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Certification of Carl E. Engstrom ISO motion for leave to appear pro hac vice)(Leviton, Jason) |
| Filing 15 NOTICE of Scheduling Conference. Scheduling Conference set for 11/6/2018 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 14 Defendants' ANSWER to #1 Complaint, by FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by FMR Co., Inc., FMR LLC, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company identifying Corporate Parent FMR LLC for FMR Co., Inc., Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.. (Douglass, Alison) |
| Filing 12 NOTICE of Appearance by Alison V. Douglass on behalf of FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company (Douglass, Alison) |
| Filing 11 NOTICE of Appearance by John J. Falvey, Jr on behalf of FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company (Falvey, John) |
| Filing 10 DEMAND for Trial by Jury by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Walker, Jacob) |
| Filing 9 SUMMONS Returned Executed FMR Co., Inc. served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) |
| Filing 8 SUMMONS Returned Executed Fidelity Management & Research Company served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) |
| Filing 7 SUMMONS Returned Executed FMR LLC served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) |
| Filing 6 SUMMONS Returned Executed Fidelity Investments Institutional Operations Company, Inc. served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) |
| Filing 5 SUMMONS Returned Executed FMR LLC Retirement Committee served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) |
| Filing 4 NOTICE of Appearance by Jacob A. Walker on behalf of Tim Lewis, Kevin Moitoso, Mary Lee Torline (Walker, Jacob) |
| Filing 3 Summons Issued as to FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, John and Jane Does 1-20. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7358887 (Fee Status: Filing Fee paid), filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: #1 Civil Cover Sheet, #2 Supplement Category Form)(Leviton, Jason) (Attachment 1 replaced on 10/10/2018) (Jones, Sherry). (Attachment 2 replaced on 10/10/2018) (Jones, Sherry). |
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