Garcia et al v. Alticor, Inc. et al
| Howard Hart, Andrea P. Brandt and Joshua Garcia |
| Alticor, Inc., John Does 1-30, The Fiduciary Committee of Alticor, Inc. and The Board of Directors of Alticor, Inc. |
| Facilitative Mediator |
| 1:2020cv01078 |
| November 9, 2020 |
| US District Court for the Western District of Michigan |
| Phillip J Green |
| Paul L Maloney |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Defendant |
Docket Report
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This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
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| 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) |
| 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). |
| Filing 56 MOTION to certify class Plaintiffs' Motion for Class Certification by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart; (Gyandoh, Mark) |
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)
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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)
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| Filing 53 AMENDED MINUTES of Motion Hearing, #52 held before Magistrate Judge Phillip J. Green (Proceedings Digitally Recorded) (ald) |
| 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). |
| 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) |
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(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)
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| 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) |
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Filing 49
ORDER granting #48 motion to withdraw as attorney; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| 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) |
| MOTION to withdraw as attorney as taken from #48 by plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart; (mlc) |
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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)
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| 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) |
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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)
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| 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). |
| 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). |
| 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). |
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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)
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| 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) |
| 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) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Gabrielle Kelerchian on behalf of plaintiffs Andrea P. Brandt, Joshua Garcia, Howard Hart (Kelerchian, Gabrielle) |
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Filing 38
PROTECTIVE ORDER; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| 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) |
| 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) |
| Copy of Facilitative Mediation - Notice of Appointment of Facilitative Mediator #36 sent via email to Robert A. Meyer (lep) |
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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)
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| 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) |
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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)
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| 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) |
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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)
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| Filing 30 MINUTES held before Magistrate Judge Phillip J. Green of Rule 16 Scheduling conference via Zoom; CMO to issue (Proceedings Digitally Recorded) (ald) |
| Filing 29 REPORT of Rule 26(f) planning meeting (Joint Status Report) (Gyandoh, Mark) |
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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)
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| 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) |
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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)
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| 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) |
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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)
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| 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) |
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Filing 22
ORDER denying #11 motion to dismiss ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| 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). |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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). |
| 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). |
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Filing 13
ORDER denying STIPULATION #12 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| 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) |
| (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) |
| 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) |
| Filing 10 NOTICE to attorney Howard Shapiro regarding recent filing #9 error indicating file is damaged (ndj) |
| 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) |
| (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) |
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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)
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| 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) |
| 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). |
| (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) |
| (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) |
| 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) |
| 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) |
| 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) |
| Filing 2 NOTICE that this case has been assigned Paul L. Maloney (eod) |
| 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) |
| 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) |
| 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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