Brown et al v. The MITRE Corporation et al
Aaron L. Brown, Peter A. Young, Nina Daniel, Kimberly L. Nesbitt, Russell S. Crabtree and Erin N. Wheeler |
The MITRE Corporation, The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation and John Does 1-30 |
1:2022cv10976 |
June 22, 2022 |
US District Court for the District of Massachusetts |
Denise J Casper |
Labor: E.R.I.S.A. |
28 U.S.C. § 1132 E.R.I.S.A. |
None |
Docket Report
This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 60 Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Video Conference(Hourihan, Lisa) |
Filing 59 Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) |
Filing 58 NOTICE of Scheduling Conference. Scheduling Conference set for 4/3/2023 03:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Hourihan, Lisa) |
Filing 57 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS Defendants' motion to dismiss, D. 16, as to Plaintiff Aaron Brown and DENIES the motion as to all other Plaintiffs. (Hourihan, Lisa) |
Filing 56 Notice of Supplemental Authorities re #54 Consent MOTION for Leave to File Notice of Supplemental Authority in Support of Defendants' Motion to Dismiss (Attachments: #1 Exhibit A.1 - Singh v. Deloitte LLP, #2 Exhibit A.2 - Probst v. Eli Lilly and Company)(Engelman, Keri) |
Filing 55 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #54 Motion for Leave to File Notice of Supplemental Authority in Support of Defendants' Motion to Dismiss by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation; 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. (Hourihan, Lisa) |
Filing 54 Consent MOTION for Leave to File Notice of Supplemental Authority in Support of Defendants' Motion to Dismiss by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation. (Attachments: #1 Exhibit Exhibit A - Proposed Notice of Supplemental Authority)(Engelman, Keri) |
Filing 53 Notice of Supplemental Authorities re #51 MOTION for Leave to File Notice of Supplemental Athorities (Attachments: #1 Exhibit A - Sutter Health Erisa Litigation, #2 Exhibit B - Adams v. Dartmouth-Hitchcock, #3 Exhibit B-1 - Class Action Complaint)(Gyandoh, Mark) |
Filing 52 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #51 Motion for Leave to File Notice of Supplemental Athorities by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young; 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. (Hourihan, Lisa) |
Filing 51 MOTION for Leave to File Notice of Supplemental Athorities by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Exhibit 1 - Plaintiffs' Notice of Supplemental Authorities and Exhibits)(Gyandoh, Mark) |
Filing 50 Notice of Supplemental Authorities re #47 MOTION for Leave to File Consented to Motion for Leave to File Response to Defendants' Notice of Supplemental Authority - Response to Plaintiffs' Notice of Supplemental Authority (Engelman, Keri) |
Filing 49 NOTICE by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt re 48 Order on Motion for Leave to File,, (Attachments: #1 Exhibit A - McNeilly v. Spectrum Decision)(Gyandoh, Mark) |
Filing 48 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #47 Motion for Leave to File Response to Defendants' Notice of Supplemental Authority by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. 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. (Hourihan, Lisa) |
Filing 47 MOTION for Leave to File Consented to Motion for Leave to File Response to Defendants' Notice of Supplemental Authority by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Exhibit A - Plaintiffs' Notice of Supplemental Authority)(Gyandoh, Mark) |
Filing 46 Notice of Supplemental Authorities re #44 MOTION for Leave to File Consented to Motion for Leave to File Response to Defendants' Notice of Supplemental Authority Plaintiffs' Response to Defendants' Notice of Supplemental Authority filed by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Gyandoh, Mark) |
Filing 45 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 12/20/2022 re #44 MOTION for Leave to File Consented to Motion for Leave to File Response to Defendants' Notice of Supplemental Authority filed by Erin N. Wheeler, Peter A. Young, Russell S. Crabtree, Aaron L. Brown, Kimberly L. Nesbitt, Nina Daniel, #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Correct filed by The MITRE Corporation. Court grants #44 Motion for Leave to File Document. Arguments. Court takes under advisement #16 Motion to Dismiss for Failure to State a Claim. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Mark Gyandoh for the plaintiffs. Keri Engelman and Jeremy Blumenfeld for the defendants.) (Hourihan, Lisa) |
Filing 44 MOTION for Leave to File Consented to Motion for Leave to File Response to Defendants' Notice of Supplemental Authority by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Exhibit A - Response to Ricoh and Fritton)(Gyandoh, Mark) |
Filing 43 NOTICE by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation of Filing of Documents to be Utilized During Oral Argument (Attachments: #1 Exhibit 2020 NEPC Defined Contribution Plan Progress Report, #2 Exhibit Compilation Exhibit)(Engelman, Keri) |
Filing 42 Notice of Supplemental Authorities re #40 Consent MOTION for Leave to File Notice of Supplemental Authority (Engelman, Keri) |
Filing 41 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #40 Motion for Leave to File Notice of Supplemental Authority by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation; 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. (Hourihan, Lisa) |
Filing 40 Consent MOTION for Leave to File Notice of Supplemental Authority by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation. (Attachments: #1 Exhibit A - Notice of Supplemental Authority)(Engelman, Keri) |
Filing 39 Notice of Supplemental Authorities re #28 Consent MOTION for Leave to File Reply In Support of Defendants' Motion to Dismiss - Reply to Plaintiffs' Response to Defendants' Notice of Supplemental Authority (Engelman, Keri) |
Filing 38 Notice of Supplemental Authorities re #36 MOTION for Leave to File Consented to Motion for Leave to File Notice of Supplemental Authority Plaintiffs' Notice of Supplemental Authorities (Attachments: #1 Exhibit 1 - Rodriguez v. Hy-Vee, #2 Exhibit 2 - Coyer v. Univar Solutions USA, Inc., #3 Exhibit 3 - Garnick v. Wake Forest University Baptist Medical Center)(Gyandoh, Mark) |
Filing 37 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #36 Motion for Leave to File Notice of Supplemental Authority by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young; 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. (Hourihan, Lisa) |
Filing 36 MOTION for Leave to File Consented to Motion for Leave to File Notice of Supplemental Authority by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Exhibit A - Notice of Supplement Authority with exhibits)(Gyandoh, Mark) |
Filing 35 ELECTRONIC NOTICE Resetting Hearing on Motion #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion Hearing set for 12/20/2022 12:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) |
Filing 34 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #33 Motion to Continue Hearing Date (Hourihan, Lisa) |
Filing 33 MOTION to Continue Motion to Dismiss Hearing to 12/20/22 Unopposed Motion to Continue Hearing on Defendants Motion to Dismiss by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young.(Gyandoh, Mark) |
Filing 32 Plaintiffs' Response to Defendants' Notice of Supplemental Authority Response by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young to #30 Notice of Supplemental Authorities . (Gyandoh, Mark) |
Filing 31 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #27 Motion to Withdraw as Attorney. Attorney Gabrielle P. Kelerchian terminated (Hourihan, Lisa) |
Filing 30 Notice of Supplemental Authorities re #28 Consent MOTION for Leave to File Reply In Support of Defendants' Motion to Dismiss (Engelman, Keri) |
Filing 29 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #28 Motion for Leave to File Reply In Support of Defendants' Motion to Dismiss by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation; 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. (Hourihan, Lisa) |
Filing 28 Consent MOTION for Leave to File Reply In Support of Defendants' Motion to Dismiss by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation. (Attachments: #1 Exhibit A)(Engelman, Keri) |
Filing 27 MOTION to Withdraw as Attorney by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Text of Proposed Order Proposed Order)(Kelerchian, Gabrielle) |
Filing 26 REPLY to Response to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Correct filed by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation. (Attachments: #1 Exhibit 1 - Complaint)(Engelman, Keri) |
Filing 25 ELECTRONIC NOTICE Resetting Hearing on Motion #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Correct : Motion Hearing set for 11/10/2022 01:30 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. NOTE TIME CHANGE ONLY(Hourihan, Lisa) |
Filing 24 ELECTRONIC NOTICE Setting Hearing on Motion #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 11/10/2022 02:30 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) |
Filing 23 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #22 Motion for Leave to File Reply in Support of Defendants' Motion to Dismiss by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation by 9/30/22 of not more than 5 pages; 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. (Hourihan, Lisa) |
Filing 22 Consent MOTION for Leave to File Reply in Support of Defendants' Motion to Dismiss by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation.(Engelman, Keri) |
Filing 21 DECLARATION re #20 Memorandum in Opposition to Motion by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Exhibit 1 - Velazquez v. Mass. Fin. Service, Co,, #2 Exhibit 2 - Coviello v. BHS, #3 Exhibit 3 - Johnson v. PNC, #4 Exhibit 4 - Moore v. Humana Order, #5 Exhibit 5 - Moler v. University of Maryland Medical Center)(Gyandoh, Mark) |
Filing 20 MEMORANDUM in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Correct filed by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt. (Gyandoh, Mark) |
Filing 19 AFFIDAVIT in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The MITRE Corporation. (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)(Blumenfeld, Jeremy) Modified on 8/24/2022 to adjust docket text and remove Motion to Correct event selected inadvertently from the entry. (Currie, Haley). Modified on 9/4/2022 to Correct Docket Text (Paine, Matthew). |
Filing 18 AFFIDAVIT (Blumenfeld, Jeremy) Entry filed incorrectly by filer. Please see. D. #19 for correct filing. (Currie, Haley). |
Filing 17 MEMORANDUM in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The MITRE Corporation. (Blumenfeld, Jeremy) Modified on 8/24/2022 to adjust docket text to remove the motion to correct text that was inadvertently selected (Currie, Haley). |
Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 9/6/2022) by The MITRE Corporation.(Blumenfeld, Jeremy) Modified on 8/24/2022 to adjust docket text and remove Motion to Correct event selected inadvertently from the entry. (Currie, Haley). |
Filing 15 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Jeremy P. Blumenfeld; #9 Motion for Leave to Appear Pro Hac Vice Added Shane C. O'Halloran. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
Filing 14 WAIVER OF SERVICE Returned Executed by Erin N. Wheeler, Nina Daniel, Peter A. Young, Aaron L. Brown, Kimberly L. Nesbitt, Russell S. Crabtree. The Investment Advisory Committee of The MITRE Corporation waiver sent on 6/24/2022, answer due 8/23/2022. (Gyandoh, Mark) |
Filing 13 WAIVER OF SERVICE Returned Executed by Erin N. Wheeler, Nina Daniel, Peter A. Young, Aaron L. Brown, Kimberly L. Nesbitt, Russell S. Crabtree. The Board of Trustees of The MITRE Corporation waiver sent on 6/24/2022, answer due 8/23/2022. (Gyandoh, Mark) |
Filing 12 WAIVER OF SERVICE Returned Executed by Erin N. Wheeler, Nina Daniel, Peter A. Young, Aaron L. Brown, Kimberly L. Nesbitt, Russell S. Crabtree. The MITRE Corporation waiver sent on 6/24/2022, answer due 8/23/2022. (Gyandoh, Mark) |
Filing 11 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Gabrielle P. Kelerchian; #6 Motion for Leave to Appear Pro Hac Vice Added Mark K. Gyandoh. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
Filing 10 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added Donald R. Reavey. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Shane C. O'Halloran Filing fee: $ 100, receipt number AMADC-9394886 by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation. (Attachments: #1 Declaration of Shane C. O'Halloran)(Engelman, Keri) |
Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy P. Blumenfeld Filing fee: $ 100, receipt number AMADC-9394878 by The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation. (Attachments: #1 Declaration of Jeremy P. Blumenfeld)(Engelman, Keri) |
Filing 7 NOTICE of Appearance by Keri L. Engelman on behalf of The Board of Trustees of The MITRE Corporation, The Investment Advisory Committee of The MITRE Corporation, The MITRE Corporation (Engelman, Keri) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Mark K. Gyandoh, Esq. Filing fee: $ 100, receipt number AMADC-9390222 by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Declaration of Mark K. Gyandoh, Esq. In Support Of Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing (Mark K. Gyandoh, Esq.))(Hellman, Jeffrey) |
Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Gabrielle P. Kelerchian, Esq. Filing fee: $ 100, receipt number AMADC-9390204 by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Declaration of Gabrielle P. Kelerchian, Esq. In Support Of Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing (Gabrielle P. Kelechian, Esq.))(Hellman, Jeffrey) |
Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Donald R. Reavey, Esq. Filing fee: $ 100, receipt number AMADC-9387791 by Aaron L. Brown, Russell S. Crabtree, Nina Daniel, Kimberly L. Nesbitt, Erin N. Wheeler, Peter A. Young. (Attachments: #1 Declaration of Donald R. Reavey, Esq. In Support Of Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing (Donald R. Reavey, Esq.))(Hellman, Jeffrey) |
Filing 3 Summons Issued as to All Defendants. 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. (Warnock, Douglas) |
Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 Donald L. Cabell. (Danieli, Chris) |
Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9379352 (Fee Status: Filing Fee paid), filed by Erin N. Wheeler, Kimberly L. Nesbitt, Aaron L. Brown, Nina Daniel, Peter A. Young, Russell S. Crabtree. (Attachments: #1 Appendix A, #2 Civil Cover Sheet, #3 Category Form)(Hellman, Jeffrey) |
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