Garcia et al v. Alticor, Inc. et al
Plaintiff: Howard Hart, Andrea P. Brandt and Joshua Garcia
Defendant: Alticor, Inc., John Does 1-30, The Fiduciary Committee of Alticor, Inc. and The Board of Directors of Alticor, Inc.
Not Classified By Court: Facilitative Mediator
Case Number: 1:2020cv01078
Filed: November 9, 2020
Court: US District Court for the Western District of Michigan
Presiding Judge: Phillip J Green
Referring Judge: Paul L Maloney
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2023 Filing 58 DECLARATION re #56 Declaration of Mark Gyandoh by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart (Attachments: #1 Exhibit 1 - 104(b) ltr requesting docs, #2 Exhibit 2 - Ltrs to IRS and Labor, #3 Exhibit 3 - List of class cert decisions, #4 Exhibit 4 - Declaration of Joshua Garcia, #5 Exhibit 5 - Declaration of Andrea P. Brandt, #6 Exhibit 6 - Declaration of Howard Hart, #7 Exhibit 7 - Nunez v. Braun, #8 Exhibit 8 - Huang v. Trinet) (Gyandoh, Mark)
January 6, 2023 Filing 57 MEMORANDUM in support of Motion to Certify Class #56 with certificate of compliance filed by Andrea P. Brandt, Joshua Garcia, Howard Hart (Gyandoh, Mark) Modified text on 1/9/2023 (mlc).
January 6, 2023 Filing 56 MOTION to certify class Plaintiffs' Motion for Class Certification by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart; (Gyandoh, Mark)
November 17, 2022 Opinion or Order Filing 55 AMENDED CASE MANAGEMENT ORDER: discovery to be completed by 1/6/2023; dispositive motions due by 7/10/2023; settlement conference set for 11/8/2023 at 09:00 AM at 499 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; final pretrial conference set for 1/8/2024 at 10:00 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; bench trial set for 1/29/2024 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; signed by Magistrate Judge Phillip J. Green (jkw)
November 17, 2022 Opinion or Order Filing 54 ORDER granting #50 motion for extension of time to complete discovery and to amend the Case Management Order; signed by Magistrate Judge Phillip J. Green (jkw)
November 8, 2022 Filing 53 AMENDED MINUTES of Motion Hearing, #52 held before Magistrate Judge Phillip J. Green (Proceedings Digitally Recorded) (ald)
November 8, 2022 Filing 52 (DISREGARD)MINUTES held before Magistrate Judge Phillip J. Green of motion hearing re #50 JOINT MOTION for extension of time to complete discovery and to modify Case Management Order filed by John Does 1-30, The Board of Directors of Alticor, Inc., Alticor, Inc., The Fiduciary Committee of Alticor, Inc.; motion granted; order to issue. (Proceedings Digitally Recorded) (ald) Modified on 11/8/2022 (ald).
November 3, 2022 Filing 51 NOTICE OF MOTION HEARING regarding document number #50 : motion hearing is set for 11/8/2022 at 11:00 AM by video before Magistrate Judge Phillip J. Green; (jkw)
November 3, 2022 Opinion or Order (NON-DOCUMENT) ORDER REFERRING JOINT MOTION for extension of time to complete discovery and to modify Case Management Order #50 to Magistrate Judge Phillip J. Green under 28 U.S.C. 636(b)(1)(A); signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
November 1, 2022 Filing 50 JOINT MOTION for extension of time to complete discovery and to modify Case Management Order by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30; (Attachments: #1 Proposed Order) (Cerrone, Stacey)
October 6, 2022 Opinion or Order Filing 49 ORDER granting #48 motion to withdraw as attorney; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
October 5, 2022 Filing 48 NOTICE of Withdrawal of Appearance for Gabrielle Kelerchian by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart (Attachments: #1 Proposed Order) (Kelerchian, Gabrielle)
October 5, 2022 MOTION to withdraw as attorney as taken from #48 by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart; (mlc)
August 23, 2022 Opinion or Order Filing 47 ORDER denying #39 motion for reconsideration ; dismissing #40 motion to stay ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
August 11, 2022 Filing 46 REPLY to response to motion #39 (filed per Order #45 ) filed by Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc. (mlc)
August 11, 2022 Opinion or Order Filing 45 ORDER granting #44 motion for leave to file reply brief; the Clerk of Court shall accept the proposed document for filing; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
August 10, 2022 Filing 44 MOTION for leave to file Reply Brief in Response to #39 by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc.; (Attachments: #1 Proposed Reply Brief) (Cerrone, Stacey) Modified text on 8/11/2022 (mlc).
August 4, 2022 Filing 43 RESPONSE in opposition to MOTION for reconsideration re #39 filed by Andrea P. Brandt, Joshua Garcia, Howard Hart (Gyandoh, Mark) Modified text on 8/5/2022 (mlc). Modified text on 8/11/2022 (mlc).
August 2, 2022 Filing 42 RESPONSE in opposition to MOTION to stay #40 Plaintiffs' Brief in Opposition to Defendants' Motion to Stay Further Litigation Pending Resolution of Defendants' Motion for Partial Reconsideration filed by Andrea P. Brandt, Joshua Garcia, Howard Hart (Gyandoh, Mark) Modified text on 8/3/2022 (mlc).
July 21, 2022 Opinion or Order Filing 41 ORDER to respond; Plaintiff has 14 days to respond from the date of this order; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
July 19, 2022 Filing 40 MOTION to stay (with Supporting Brief) by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc.; (Attachments: #1 Certificate of Compliance, #2 Proposed Order) (Cerrone, Stacey)
July 19, 2022 Filing 39 MOTION for reconsideration re #22 or, in the Alternative, to Certify the Order on Defendants' Motion to Dismiss for Interlocutory Appeal (with Brief in Support) by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc.; (Attachments: #1 Certificate of Compliance) (Cerrone, Stacey)
April 5, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Gabrielle Kelerchian on behalf of plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart (Kelerchian, Gabrielle)
February 1, 2022 Opinion or Order Filing 38 PROTECTIVE ORDER; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
January 31, 2022 Filing 37 PROPOSED STIPULATION and ORDER by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc. (Shapiro, Howard)
December 3, 2021 Filing 36 NOTICE of appointment of Facilitative Mediator Robert A. Meyer ; plaintiff VFM fee to be submitted by 12/10/2021 defendant VFM fee to be submitted by 12/10/2021 (lep)
December 3, 2021 Copy of Facilitative Mediation - Notice of Appointment of Facilitative Mediator #36 sent via email to Robert A. Meyer (lep)
November 29, 2021 Opinion or Order Filing 35 ORDER approving #34 agreed upon mediator; all rules of this court regarding the administration of ADR shall be followed; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
November 17, 2021 Filing 34 SELECTION of Robert A. Meyer, Esq. as facilitative mediator by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (Attachments: #1 Proposed Order) (Cerrone, Stacey)
November 9, 2021 Opinion or Order Filing 33 ORDER granting in part and denying in part #32 motion to amend case management order; deadline to select mediator extended to 11/22/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
November 5, 2021 Filing 32 JOINT MOTION to amend/correct #31 / Modify the Case Management Order by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc.; (Attachments: #1 Proposed Order) (Cerrone, Stacey)
October 25, 2021 Opinion or Order Filing 31 CASE MANAGEMENT ORDER: fact discovery to be completed by 11/4/2022; dispositive motions due by 5/2/2023; settlement conference set for 9/7/2023 at 09:00 AM at 601 Federal Building, Grand Rapids, MI before Magistrate Judge Phillip J. Green; final pretrial conference set for 11/6/2023 at 09:00 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; bench trial set for 11/28/2023 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; signed by Magistrate Judge Phillip J. Green (jkw)
October 19, 2021 Filing 30 MINUTES held before Magistrate Judge Phillip J. Green of Rule 16 Scheduling conference via Zoom; CMO to issue (Proceedings Digitally Recorded) (ald)
October 14, 2021 Filing 29 REPORT of Rule 26(f) planning meeting (Joint Status Report) (Gyandoh, Mark)
September 23, 2021 Opinion or Order Filing 28 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 10/19/2021 at 04:00 PM by video before Magistrate Judge Phillip J. Green; status report due by 10/14/2021; signed by Magistrate Judge Phillip J. Green (jkw)
September 21, 2021 Filing 27 ANSWER to complaint, #1 with affirmative defenses by Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc. (Shapiro, Howard)
August 12, 2021 Opinion or Order Filing 26 ORDER granting #23 motion for extension of time to answer; deadline extended to 9/22/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
August 12, 2021 Filing 25 CERTIFICATE regarding compliance with LCivR 7.1(d) re CONSENT MOTION for extension of time to file answer re #1 #23 filed by Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc. (Cerrone, Stacey)
August 12, 2021 Opinion or Order Filing 24 ORDER regarding Motion for Extension of Time to File Answer #23 and certificate of concurrence; motion held in abeyance pending filing of certificate; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
August 11, 2021 Filing 23 CONSENT MOTION for extension of time to file answer re #1 by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc.; (Attachments: #1 Proposed Order) (Cerrone, Stacey)
August 9, 2021 Opinion or Order Filing 22 ORDER denying #11 motion to dismiss ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
July 13, 2021 Filing 21 NOTICE re #9 of Supplemental Authority by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc. (Attachments: #1 Exhibit 1 - Hughes v. Northwestern Univ.) (Shapiro, Howard) Modified text on 7/14/2021 (ems).
May 19, 2021 Filing 20 REPLY to response to motion #11 filed by Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (Attachments: #1 Ex. Y) (Shapiro, Howard)
May 19, 2021 Opinion or Order Filing 19 ORDER granting #17 motion for extension of time to file reply; entered PROPOSED ORDER #18 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
May 19, 2021 Filing 18 PROPOSED ORDER regarding Consent Motion #17 for Defendants' Extension of Time to File Their Reply Brief in Support of Their Motion to Dismiss #11 by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (Shapiro, Howard)
May 19, 2021 Filing 17 CONSENT MOTION for extension of time to file response/reply re #11 by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30; (Attachments: #1 Ex. 1 - Proposed Reply Brief, #2 Ex. Y to Proposed Reply Brief) (Shapiro, Howard)
May 7, 2021 Filing 16 NOTICE of Supplemental Authorities by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart (Attachments: #1 Exhibit A - Blackmon v. Zachry Holdings, #2 Exhibit B - Khan v. PTC, #3 Exhibit C - Quest Opinion - Motion to Dismiss Denied) (Gyandoh, Mark)
April 16, 2021 Filing 15 DECLARATION re #14 of Mark Gyandoh in Support of Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart (Attachments: #1 Exhibit A - Doc 25 Letter Order granting and denying in part Moton to Dismiss) (Gyandoh, Mark) Modified text on 4/19/2021 (ems).
April 16, 2021 Filing 14 RESPONSE TO CORRECTED MOTION to dismiss #11 , MOTION to dismiss Complaint (with Brief in Support) #9 filed by Andrea P. Brandt, Joshua Garcia, Howard Hart (Gyandoh, Mark) Modified text on 4/19/2021 (ems).
March 26, 2021 Opinion or Order Filing 13 ORDER denying STIPULATION #12 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
March 25, 2021 Filing 12 PROPOSED STIPULATION and ORDER Extending Deadlines Related To Defendants' Motion to Dismiss Plaintiffs' Complaint by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart (Gyandoh, Mark)
March 24, 2021 (NON-DOCUMENT) ATTORNEY APPEARANCE of Lindsey H. Chopin on behalf of defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (Chopin, Lindsey)
March 3, 2021 Filing 11 CORRECTED MOTION to dismiss by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30; (Shapiro, Howard)
March 3, 2021 Filing 10 NOTICE to attorney Howard Shapiro regarding recent filing #9 error indicating file is damaged (ndj)
February 19, 2021 Filing 9 MOTION to dismiss Complaint (with Brief in Support) by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30; (Attachments: #1 Index of Exhibits, #2 Ex. A - 2014 Form 5500, #3 Ex. B - 2015 Form 5500, #4 Ex. C - 2016 Form 5500, #5 Ex. D - 2017 Form 5500, #6 Ex. E - 2018 Form 5500, #7 Ex. F - 2019 Form 5500, #8 Ex. G - 2014 404(a), #9 Ex. H - 2015 404(a), #10 Ex. I - 2016 404(a), #11 Ex. J - 2017 404(a), #12 Ex. K - 2018 404(a), #13 Ex. L - 2019 404(a), #14 Ex. M - 2020 404(a), #15 Ex. N - Article, #16 Ex. O - Trust Agmt. Excerpt, #17 Ex. P - First Am. to Trust Agmt., #18 Ex. Q - Fourth Am. to Trust Agmt., #19 Ex. R - Hart Statements, #20 Ex. S - Garcia Statements, #21 Ex. T - Brandt Statements, #22 Ex. U - 401(K) Averages Excerpt, #23 Ex. V - Chart of 10 year returns, #24 Ex. W - Ratings Chart, #25 Ex. X - ICI Study, #26 Certificate of Compliance) (Shapiro, Howard)
February 19, 2021 (NON-DOCUMENT) ATTORNEY APPEARANCE of Howard Shapiro on behalf of defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (Shapiro, Howard)
January 4, 2021 Opinion or Order Filing 8 STIPULATION AND ORDER; deadline for defendants to answer or respond to complaint extended to 2/19/2021; response in opposition due 4/16/2021; reply due 5/18/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
December 28, 2020 Filing 7 PROPOSED STIPULATION and ORDER (Joint) Regarding Response to Complaint and Briefing Schedule by defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (Bardelli, Edward)
December 28, 2020 Filing 6 CORPORATE DISCLOSURE STATEMENT identifying Solstice Holdings Inc. to Alticor, Inc. and Alticor Global Holdings Inc. for Alticor, Inc. (Bardelli, Edward) Modified text on 12/29/2020 (mg).
December 21, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Stacey C.S. Cerrone on behalf of defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (Cerrone, Stacey)
December 17, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Edward J. Bardelli on behalf of defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (Bardelli, Edward)
December 11, 2020 Filing 5 WAIVER OF SERVICE returned executed by Joshua Garcia, Howard Hart, Andrea P. Brandt as to The Fiduciary Committee of Alticor, Inc. waiver sent on 11/09/2020, answer due 1/08/2021 (Gyandoh, Mark) Modified text on 12/11/2020 (eod)
December 11, 2020 Filing 4 WAIVER OF SERVICE returned executed by Joshua Garcia, Howard Hart, Andrea P. Brandt as to The Board of Directors of Alticor, Inc. waiver sent on 11/09/2020, answer due 01/08/2021 (Gyandoh, Mark) Modified text on 12/11/2020 (eod)
December 11, 2020 Filing 3 WAIVER OF SERVICE returned executed by Joshua Garcia, Howard Hart, Andrea P. Brandt as to Alticor, Inc. waiver sent on 11/09/2020, answer due 01/08/2021 [Attorney Mark Gyandoh added to party Andrea P. Brandt(pty:pla), Joshua Garcia(pty:pla), Howard Hart(pty:pla)] (Gyandoh, Mark) Modified text on 12/11/2020 (eod)
November 10, 2020 Filing 2 NOTICE that this case has been assigned Paul L. Maloney (eod)
November 10, 2020 SUMMONS NOT ISSUED as to defendants Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 (none provided) (eod)
November 9, 2020 Filing 1 COMPLAINT against Alticor, Inc., The Fiduciary Committee of Alticor, Inc., The Board of Directors of Alticor, Inc., John Does 1-30 filed by Joshua Garcia, Howard Hart, Andrea P. Brandt (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Reavey, Donald)
November 9, 2020 FILING FEE PAID re #1 by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart in the amount of $400, receipt number AMIWDC-5906933 (Reavey, Donald)

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Search for this case: Garcia et al v. Alticor, Inc. et al
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Defendant: Alticor, Inc.
Represented By: Edward J. Bardelli
Represented By: Stacey C.S. Cerrone
Represented By: Howard Shapiro
Represented By: Lindsey H. Chopin
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Defendant: John Does 1-30
Represented By: Edward J. Bardelli
Represented By: Stacey C.S. Cerrone
Represented By: Howard Shapiro
Represented By: Lindsey H. Chopin
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Defendant: The Fiduciary Committee of Alticor, Inc.
Represented By: Edward J. Bardelli
Represented By: Stacey C.S. Cerrone
Represented By: Howard Shapiro
Represented By: Lindsey H. Chopin
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Defendant: The Board of Directors of Alticor, Inc.
Represented By: Edward J. Bardelli
Represented By: Stacey C.S. Cerrone
Represented By: Howard Shapiro
Represented By: Lindsey H. Chopin
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Plaintiff: Howard Hart
Represented By: Donald Reavey
Represented By: Mark Gyandoh
Represented By: Gabrielle Kelerchian
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Plaintiff: Andrea P. Brandt
Represented By: Donald Reavey
Represented By: Mark Gyandoh
Represented By: Gabrielle Kelerchian
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Plaintiff: Joshua Garcia
Represented By: Donald Reavey
Represented By: Mark Gyandoh
Represented By: Gabrielle Kelerchian
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Not classified by court: Facilitative Mediator
Represented By: Robert A. Meyer
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