Cevasco v. Allegiant Travel Company
| Robert Cevasco |
| Allegiant Travel Company |
| 2:2022cv01741 |
| October 17, 2022 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Jennifer A Dorsey |
| Other Statutory Actions |
| 29 U.S.C. § 1131 ERISA - Collection of Delinquent Trust Fun |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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Filing 52
ORDER. IT IS THEREFORE ORDERED that Allegiants motion for partial dismissal #45 is DENIED. IT IS FURTHER ORDERED that Allegiants motion for leave to file notice of supplemental authority #50 is GRANTED. Signed by Judge Jennifer A. Dorsey on 10/4/2023. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 51 RESPONSE to #50 Motion for Leave to File Document/Excess Pages, by Plaintiff Robert Cevasco. Replies due by 10/10/2023. (Kind, Michael) |
| Filing 50 MOTION for Leave to File Document re #45 Motion to Dismiss, by Defendant Allegiant Travel Company. Responses due by 10/3/2023. (Attachments: #1 Exhibit A - Teodosio v. Davita Inc., #2 Exhibit B - Davis v. Old Dominion Freight Line Inc.)(Thorne, Rene) (answer) |
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Filing 49
ORDER Granting #48 Stipulated Protective Order. Signed by Magistrate Judge Daniel J. Albregts on 9/19/2023. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 48 STIPULATED PROTECTIVE ORDER by Defendant Allegiant Travel Company.. (Thorne, Rene) |
| Filing 47 REPLY to #46 Response to #45 Motion to Dismiss, by Defendant Allegiant Travel Company. (Thorne, Rene) Modified - Linked to #46 Response on 5/5/2023 (KF). |
| Filing 46 RESPONSE to #45 Motion to Dismiss, by Plaintiff Robert Cevasco. Replies due by 5/4/2023. (Attachments: #1 Exhibit 1)(McKay, Michael) |
| Filing 45 MOTION to Dismiss #1 Complaint, by Defendant Allegiant Travel Company. Responses due by 5/1/2023. (Attachments: #1 Declaration Declaration of Rene Thorne, #2 Exhibit 1 - Excerpts of Plaintiff's account statements)(Thorne, Rene) |
| Filing 44 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JQC) |
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Filing 43
SCHEDULING ORDER Granting #42 Discovery Plan and Scheduling Order. Discovery due by 2/1/2024. Motions due by 7/29/2024. Proposed Joint Pretrial Order due by 8/30/2024. Signed by Magistrate Judge Daniel J. Albregts on 3/30/2023.(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 42 Second Stipulated Discovery Plan and Scheduling Order re 38 Order on Discovery Plan and Scheduling Order,,,, Minute Order,,, by Plaintiff Robert Cevasco.. (Kind, Michael) |
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Filing 41
ORDER Granting #40 Verified Petition for Permission to Practice Pro Hac Vice Eric Lechtzin and approving Designation of Local Counsel Michael Kind. Signed by Judge Jennifer A. Dorsey on 3/28/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 40 Amended MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Eric Lechtzin and DESIGNATION of Local Counsel Michael Kind (Filing fee $ 250 receipt number ANVDC-7246806) by Plaintiff Robert Cevasco. (Kind, Michael) |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 3/17/2023. ORDER denying #34 Verified Petition for Permission to Practice Pro Hac Vice and approving Designation of Local Counsel. On March 1, 2023, the court entered a minute order advising plaintiff's out-of-state counsel that his motion for permission to practice pro hac vice #34 does not comply with LR IA 11-2(b)(3) and ordered counsel to correct the motion's deficiencies within 10 days 35 . That deadline has passed, and counsel has not done so. I thus DENY the motion to practice pro hac vice #34 without prejudice to refiling a motion that complies with the local rules.(Copies have been distributed pursuant to the NEF - MH) |
| Filing 38 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 3/14/2023. Re: #37 Stipulated discovery plan. Having reviewed the parties' discovery plan, the Court finds that, although the parties have articulated their reasons for needing a longer discovery period, they have not explained why they have bifurcated expert and fact discovery. The parties propose that discovery close on February 1, 2024 and that expert disclosures take place after that, effectively bifurcating discovery. But bifurcating discovery can lead to issues like reopening discovery and determining what discovery is properly "expert" discovery and what is "fact" discovery. Without good reason, the Court is not inclined to alter the typical discovery process. IT IS THEREFORE ORDERED that the parties' stipulated discovery plan #37 is DENIED WITHOUT PREJUDICE. (no image attached) (Copies have been distributed pursuant to the NEF - KL) |
| Filing 37 Amended Stipulated Discovery Plan and Scheduling Order by Plaintiff Robert Cevasco.. (Kind, Michael) |
| Filing 36 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 3/2/2023. Re: #29 Stipulated discovery plan. Having reviewed the parties' discovery plan, the Court finds that it does not provide the calendar date for any deadline other than the discovery cutoff. Calendar dates are required by Local Rule 26-1(b), which provides that "the plan must state the calendar date(s)" for the deadlines in Local Rule 26-1(b)(1)-(4). IT IS THEREFORE ORDERED that the stipulated discovery plan is DENIED WITHOUT PREJUDICE. The parties shall file a stipulated discovery plan that provides the calendar date for each deadline specified in Local Rule 26-1 on or before March 10, 2023. (no image attached) (Copies have been distributed pursuant to the NEF - KL) Modified link to underlying motion on 3/3/2023 (DRS). |
| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 3/1/2023. NOTICE OF ACTION REQUIRED. Re: [ 34] The verified petition does not comply with LR IA 11-2(b)(3). Counsel failed to attach the required "certification issued within six months before the date of filing of the verified petition [showing] that the applicant's membership is in good standing from the state bar or from the clerk of court of the supreme court or highest admitting court of every state, territory, or insular possession of the United States in which the applicant has been admitted to practice law." Counsel filed a certificate of good standing from Pennsylvania, but the petition states that the petitioner is also admitted in New Jersey and California. Counsel is advised to obtain the required certifications, attach them to an amended petition, file the amended petition under the event titled "Notice of Corrected Image/Document," and link the amended petition to the originally filed petition within 10 days of this order.(Copies have been distributed pursuant to the NEF - MH) |
| Filing 34 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Eric Lechtzin and DESIGNATION of Local Counsel Michael Kind (Filing fee $ 250 receipt number ANVDC-7221182) by Plaintiff Robert Cevasco. (Kind, Michael) |
| Filing 33 NOTICE of Corrected Image/Document re #29 Discovery Plan and Scheduling Order by Plaintiff Robert Cevasco. (Service of corrected image is attached.). (Kind, Michael) |
| Filing 32 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorneys Brandon J Hill, Luis A Cabassa and Michael C McKay are in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for Admission of Pro Hac Vice Counsel. (no image attached) (DRS) |
| Filing 31 SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Eric Lechtzin to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 3/14/2023. (no image attached) (DRS) |
| Filing 30 CLERK'S NOTICE. Attorney Action Required to ECF No. #29 Stipulated Discovery Plan. The case number on the document is incorrect. Counsel is advised to make corrections and file a Notice of Corrected Image/Document and link to #29 . (no image attached) (DRS) |
| Filing 29 View Corrected Image at #33 : Stipulated Discovery Plan and Scheduling Order by Plaintiff Robert Cevasco.. (Kind, Michael) Modified on 3/1/2023 (DRS). |
| Filing 28 ANSWER to #1 Complaint, filed by Allegiant Travel Company. Discovery Plan/Scheduling Order due by 2/27/2023.(Thorne, Rene) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 27
ORDER granting #14 Verified Petition for Permission to Practice Pro Hac Vice by Michael McKay and DESIGNATION of Local Counsel Michael Kind. Signed by Judge Jennifer A. Dorsey on 12/8/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 26
ORDER granting #13 Verified Petition for Permission to Practice Pro Hac Vice by Luis A. Cabassa and DESIGNATION of Local Counsel Michael Kind. Signed by Judge Jennifer A. Dorsey on 12/8/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 25
ORDER granting #12 Verified Petition for Permission to Practice Pro Hac Vice by Brandon J. Hill and DESIGNATION of Local Counsel Michael Kind. Signed by Judge Jennifer A. Dorsey on 12/8/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 24
ORDER granting #11 Verified Petition for Permission to Practice Pro Hac Vice by Amanda E. Heystek and DESIGNATION of Local Counsel Michael Kind. Signed by Judge Jennifer A. Dorsey on 12/8/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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| Filing 23 NOTICE of Corrected Image/Document re #14 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Michael McKay, by Plaintiff Robert Cevasco. (Service of corrected image is attached.). (Kind, Michael) |
| Filing 22 NOTICE of Corrected Image/Document re #13 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Luis A. Cabassa, by Plaintiff Robert Cevasco. (Service of corrected image is attached.). (Kind, Michael) |
| Filing 21 NOTICE of Corrected Image/Document re #12 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Brandon J. Hill, by Plaintiff Robert Cevasco. (Service of corrected image is attached.). (Kind, Michael) |
| Filing 20 NOTICE of Corrected Image/Document re #11 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Amanda E. Heystek, by Plaintiff Robert Cevasco. (Service of corrected image is attached.). (Kind, Michael) |
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Filing 19
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Rene E Thorne for Allegiant Travel Company and approving Designation of Local Counsel Deverie J. Christensen. Signed by Judge Jennifer A. Dorsey on 12/1/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 18
ORDER Granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Howard Shapiro for Allegiant Travel Company and approving Designation of Local Counsel Deverie J. Christensen. Signed by Judge Jennifer A. Dorsey on 12/1/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 17 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rene E. Thorne and DESIGNATION of Local Counsel Deverie J. Christensen (Filing fee $ 250 receipt number ANVDC-7131468) by Defendant Allegiant Travel Company. (Christensen, Deverie) |
| Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Howard Shapiro and DESIGNATION of Local Counsel Deverie J. Christensen (Filing fee $ 250 receipt number ANVDC-7131461) by Defendant Allegiant Travel Company. (Christensen, Deverie) |
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Filing 15
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 11/28/2022. |
| Filing 14 View Corrected Image at #23 : MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael McKay and DESIGNATION of Local Counsel Michael Kind (Filing fee $ 250 receipt number ANVDC-7126808) by Plaintiff Robert Cevasco. (Kind, Michael) Modified on 12/9/2022 (DRS). |
| Filing 13 View Corrected Image at #22 : MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Luis A. Cabassa and DESIGNATION of Local Counsel Michael Kind (Filing fee $ 250 receipt number ANVDC-7126804) by Plaintiff Robert Cevasco. (Kind, Michael) Modified on 12/9/2022 (DRS). |
| Filing 12 View Corrected Image at #21 : MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Brandon J. Hill and DESIGNATION of Local Counsel Michael Kind (Filing fee $ 250 receipt number ANVDC-7126800) by Plaintiff Robert Cevasco. (Kind, Michael) Modified on 12/9/2022 (DRS). |
| Filing 11 View Corrected Image at #20 : MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Amanda E. Heystek and DESIGNATION of Local Counsel Michael Kind (Filing fee $ 250 receipt number ANVDC-7126795) by Plaintiff Robert Cevasco. (Kind, Michael) Modified on 12/9/2022 (DRS). |
| Filing 9 CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:22-cv-01741-JAD-DJA. (no image attached) (DRS) |
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Filing 10
ORDER Granting #6 Stipulation for Extension of Time (First Request) for Defendant to Respond to Plaintiff's Complaint and Proposed Briefing Schedule re #1 Complaint. Allegiant Travel Company answer due 1/13/2023. Motions due 1/13/2023 Responses due by 1/27/2023. Replies due by 2/17/2023. Signed by Judge Jennifer A. Dorsey on 11/14/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 11/14/2022. By Judicial Assistant: E. Santiago.With good cause appearing, the Honorable Magistrate Judge Elayna J. Youchah recuses herself in this action.IT IS HEREBY ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 7 CERTIFICATE of Interested Parties by Allegiant Travel Company that identifies all parties that have an interest in the outcome of this case. Other Affiliate Scott Sheldon, Other Affiliate John Redmond, Other Affiliate Par Capital Management for Allegiant Travel Company added.. (Christensen, Deverie) |
| Filing 6 STIPULATION FOR EXTENSION OF TIME (First Request) for Defendant to Respond to Plaintiff's Complaint and Proposed Briefing Schedule re #1 Complaint, by Defendant Allegiant Travel Company. (Christensen, Deverie) (extend) (answer) |
| Filing 5 SUMMONS Returned Executed by Robert Cevasco re #3 Summons Issued. Allegiant Travel Company served on 10/26/2022. (Kind, Michael) |
| Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Attorney Eric Lechtzin, Brandon J Hill, Luis A Cabassa, and Michael C McKay to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney as Pro Hac Vice counsel. Verified Petition due by 11/1/2022. (no image attached) The Clerk's office kindly requests Mr Kind's office notifies his co-counsel of this Notice. (DRS) |
| Filing 3 SUMMONS ISSUED as to Allegiant Travel Company re #1 Complaint. (HAM) |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. (HAM) |
| Filing 2 CERTIFICATE of Interested Parties by Robert Cevasco. There are no known interested parties other than those participating in the case (Kind, Michael) |
| Filing 1 COMPLAINT against Allegiant Travel Company (Filing fee $402 receipt number ANVDC-7084024) by Robert Cevasco. Proof of service due by 1/15/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Kind, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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