LUENSE et al v. KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. et al
Plaintiff: NEIL ROSE, DANIEL F SETTNEK, PAMELA PEARSON, RAY A LUENSE, RAY ALLEN LUENSE and DANIEL F. SETTNEK
Defendant: BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., KONICA MINOLTA 401(K) PLAN COMMITTEE, SUSAN MCCARTHY, JOHN DOE 1-30, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. and SANDRA SOHL
Case Number: 2:2020cv06827
Filed: June 4, 2020
Court: US District Court for the District of New Jersey
Presiding Judge: Jessica S Allen
Referring Judge: Mark Falk
2 Judge: Evelyn Padin
3 Judge: John Michael Vazquez
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1132 E.R.I.S.A.
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2023 Opinion or Order Filing 116 REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re #114 MOTION to Certify Class (Attachments: #1 Declaration of Julie S. Selesnick (Reply), #2 Exhibit A to Selesnick Reply Decl., #3 Certificate of Service)(GERTNER, ABIGAIL)
November 10, 2023 Opinion or Order Filing 115 BRIEF in Opposition filed by BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. re #114 MOTION to Certify Class (Attachments: #1 Declaration of William J. Delany, #2 Exhibit 1 to W. Delany Declaration, #3 Exhibit 2 to W. Delany Declaration, #4 Exhibit 3 to W. Delany Declaration, #5 Exhibit 4 to W. Delany Declaration, #6 Exhibit 5 to W. Delany Declaration, #7 Exhibit 6 to W. Delany Declaration, #8 Exhibit 7 to W. Delany Declaration, #9 Exhibit 8 to W. Delany Declaration, #10 Exhibit 9 to W. Delany Declaration, #11 Certificate of Service)(DELANY, WILLIAM)
November 10, 2023 Opinion or Order Filing 114 MOTION to Certify Class by All Plaintiffs. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Class Certification, #2 Declaration of Julie S. Selesnick, #3 Exhibit 1 to Selesnick Decl., #4 Exhibit 2 to Selesnick Decl., #5 Exhibit 3 to Selesnick Decl., #6 Exhibit 4 to Selesnick Decl., #7 Exhibit 5 to Selesnick Decl., #8 Exhibit 6 to Selesnick Decl., #9 Exhibit 7 to Selesnick Decl., #10 Exhibit 8 to Selesnick Decl., #11 Exhibit 9 to Selesnick Decl., #12 Exhibit 10 to Selesnick Decl., #13 Exhibit 11 to Selesnick Decl., #14 Exhibit 12 to Selesnick Decl., #15 Exhibit 13 to Selesnick Decl., #16 Declaration of Eric Lechtzin, #17 Declaration of Ray Allen Luense, #18 Declaration of Pamela Pearson, #19 Declaration of Daniel F. Settnek, #20 Text of Proposed Order, #21 Certificate of Service)(GERTNER, ABIGAIL)
June 13, 2023 Opinion or Order Filing 113 ORDER of Withdrawal of Todd S. Collins as counsel for Plaintiffs. Signed by Magistrate Judge Jessica S. Allen on 6/13/2023. (ld, )
June 12, 2023 Opinion or Order Filing 112 NOTICE by All Plaintiffs of Withdrawal Todd S. Collins (GERTNER, ABIGAIL)
May 23, 2023 Opinion or Order Filing 111 TEXT ORDER: As per today's Telephone Status Conference and the parties' joint letter of 5/19/23, (ECF No. 109), wherein the parties agreed to a proposed briefing schedule for Plaintiffs' Motion for Class Certification and to preclude piecemeal extensions of briefing and adjournments of the Motion's return date, the parties are directed to: (1) serve the moving papers on or before July 24, 2023, (2) serve the opposition papers on or before September 22, 2023, and (3) serve the reply papers on or before November 6, 2023 (and refrain from filing any papers on ECF). Once the reply papers have been served, the parties shall, within five (5) days thereafter, coordinate the electronic filing of the moving papers, the opposition papers, and the reply papers simultaneously under three separate docket entries. So Ordered by Magistrate Judge Jessica S. Allen on 5/23/23. (jbb)
May 23, 2023 Opinion or Order Filing 110 Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 5/23/2023. (Court Reporter: None) (jbb)
May 19, 2023 Opinion or Order Filing 109 STATUS REPORT (Joint Status Report re Order, ECF No. 108) by All Plaintiffs. (GERTNER, ABIGAIL)
April 5, 2023 Opinion or Order Filing 108 LETTER ORDER granting request that the stay in this matter be extended an additional thirty (30) days to allow the parties to mediate. The parties shall submit a joint status letter on or before May 19, 2023, setting forth the outcome of mediation. Telephone Status Conference rescheduled for 5/23/2023 at 11:30 AM before Magistrate Judge Jessica S. Allen.. Signed by Magistrate Judge Jessica S. Allen on 4/5/2023. (ld, )
April 4, 2023 Opinion or Order Filing 107 STATUS REPORT Joint Status Report by All Plaintiffs. (GERTNER, ABIGAIL)
March 10, 2023 Opinion or Order Filing 106 LETTER ORDER staying this matter; directing the parties to submit a joint letter on or before 5/8/2023, setting forth the outcome of Mediation; rescheduling the 3/27/2023 Telephone Status Conference to 5/12/2023 at 10:00 AM. Signed by Magistrate Judge Jessica S. Allen on 3/10/2023. (dam)
March 9, 2023 Opinion or Order Filing 105 Letter from William Delany re #102 Order, #104 Order. (DELANY, WILLIAM)
March 6, 2023 Opinion or Order Filing 104 LETTER ORDER granting request for an extension of one week (until March 10, 2023) to provide the Court with their position regarding mediation. Signed by Magistrate Judge Jessica S. Allen on 3/6/2023. (ld, )
March 3, 2023 Opinion or Order Filing 103 Letter from William Delany re #102 Order,. (DELANY, WILLIAM)
February 24, 2023 Opinion or Order Filing 102 LETTER ORDER - The parties are directed to submit a joint letter on or before March 3, 2023, confirming the completion of expert discovery and addressing whether the parties intend to pursue private Mediation. Signed by Magistrate Judge Jessica S. Allen on 2/24/2023. (ld, )
February 23, 2023 Opinion or Order Filing 101 STATUS REPORT (Joint Status Report re Order, ECF No. 100) by All Plaintiffs. (GERTNER, ABIGAIL)
February 10, 2023 Opinion or Order Filing 100 LETTER ORDER granting the parties request that the Court modify its February 8 Order to provide that the February 23, 2023 deadline is the deadline by which the Parties will provide the Court a brief update regarding the discovery dispute, with the understanding that, should the Parties not resolve the issue by February 23. Signed by Magistrate Judge Jessica S. Allen on 2/10/2023. (ld, )
February 10, 2023 Opinion or Order Pro Hac Vice counsel, JULIE S. SELESNICK, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, )
February 9, 2023 Opinion or Order Filing 99 Letter from William Delany. (DELANY, WILLIAM)
February 8, 2023 Opinion or Order Filing 98 Notice of Request by Pro Hac Vice Julie S. Selesnick to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14017264.) (GERTNER, ABIGAIL)
February 8, 2023 Opinion or Order Filing 97 TEXT ORDER: As per today's Telephone Status Conference, and for good cause shown, the deadline for completion of expert discovery, including expert depositions, is extended through and including February 23, 2023. Following the completion of Defendant's expert's deposition on February 15, 2023, the parties are directed to meet and confer on their outstanding dispute as addressed in the parties' January 30, 2023, joint letter. (ECF No. 94). The parties are directed to submit a joint letter on or before February 23, 2023 of six (6) pages or less double-spaced, confirming that the dispute has been resolved and expert discovery has been completed as well as addressing whether the parties intend to pursue private Mediation, or alternatively, if the dispute remains unresolved, the parties shall set forth their respective legal positions, including any supporting legal authority. The Any further proposed extension of the current February 23rd expert discovery deadline will be held in abeyance, pending the outcome of the parties' discovery dispute. A Telephone Status Conference is scheduled for March 27, 2023, at 12:00 p.m. and the Court will circulate the connection information in advance. So Ordered by Magistrate Judge Jessica S. Allen on 2/8/23. (jbb)
February 8, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 2/8/2023. (Court Reporter: None) (jbb)
February 7, 2023 Opinion or Order Filing 96 ORDER granting #95 Motion for Leave to Appear Pro Hac Vice as to JULIE SELESNICK, ESQ.. Signed by Magistrate Judge Jessica S. Allen on 2/7/2023. (ld, )
February 3, 2023 Opinion or Order Filing 95 MOTION for Leave to Appear Pro Hac Vice for Julie S. Selesnick by All Plaintiffs. (Attachments: #1 Declaration of Abigail J. Gertner, #2 Declaration of Julie S. Selesnick, #3 Text of Proposed Order)(GERTNER, ABIGAIL)
February 3, 2023 Opinion or Order Set/Reset Deadlines as to #95 MOTION for Leave to Appear Pro Hac Vice for Julie S. Selesnick. Motion set for 3/6/2023 before Magistrate Judge Jessica S. Allen. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
January 30, 2023 Opinion or Order Filing 94 STATUS REPORT (Joint Discovery Status Report re Order, ECF No. 90) by All Plaintiffs. (GERTNER, ABIGAIL)
January 25, 2023 Opinion or Order Filing 93 TEXT ORDER re 90 Order: Please be advised that the Telephone Status Conference scheduled for 2/3/23 at 9:30 a.m. is rescheduled to 2/8/23 at 9:30 a.m. So Ordered by Magistrate Judge Jessica S. Allen on 1/25/23. (jbb)
January 23, 2023 Opinion or Order Filing 92 NOTICE of Appearance by NATALIE LESSER on behalf of All Plaintiffs (LESSER, NATALIE)
November 8, 2022 Opinion or Order Filing 91 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Evelyn Padin for all further proceedings. Judge Julien Xavier Neals no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 11/8/22. (ak, )
November 8, 2022 Opinion or Order Filing 90 TEXT ORDER: As per today's Telephone Status Conference, the parties shall continue to conduct expert discovery and explore settlement discussions. The parties shall submit a joint letter on or before 1/30/23, confirming all expert reports have been served and addressing the status of settlement discussions. The Court will conduct a Telephone Status Conference on 2/3/23 at 9:30 a.m. and will provide the Conference Call information in advance. So Ordered by Magistrate Judge Jessica S. Allen on 11/8/22. (jbb)
November 8, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 11/8/2022. (Court Reporter: None) (jbb)
November 1, 2022 Opinion or Order Filing 89 Letter from Todd Collins - Joint Letter to Court. (GERTNER, ABIGAIL)
October 17, 2022 Opinion or Order Filing 88 Letter from Todd Collins re Discovery Status re #86 Letter. (GERTNER, ABIGAIL)
October 12, 2022 Opinion or Order Filing 87 AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Jessica S. Allen on 10/12/2022. (dam)
October 11, 2022 Opinion or Order Filing 86 Letter from Todd S. Collins. (Attachments: #1 Exhibit Joint Proposed Amended Scheduling Order)(GERTNER, ABIGAIL)
October 6, 2022 Opinion or Order Filing 85 NOTICE of Appearance by LESLIE VIZCAINO on behalf of BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. (VIZCAINO, LESLIE)
September 21, 2022 Opinion or Order Filing 84 TEXT ORDER: As per today's Telephone Status Conference, the deadline for completion of fact discovery is extended through and including 11/1/22. The parties shall continue to meet and confer to resolve the privilege log dispute. The parties shall submit a joint letter on or before 10/11/22, addressing what, if any, portion of the privilege dispute remains; the status of completing fact discovery; and any proposed modifications to the current expert discovery schedule. All other provisions set forth in the Court's prior Scheduling Orders shall remain in effect. A Telephone Status Conference is scheduled for 11/8/22 at 11:00 a.m. and the connection information will be provided by the Court in advance. So Ordered by Magistrate Judge Jessica S. Allen on 9/21/22. (jbb)
September 21, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 9/21/2022. (Court Reporter: None) (jbb)
September 19, 2022 Opinion or Order Filing 83 JOINT AMENDED SCHEDULING ORDER; The Scheduling Order shall be amended as follows: Any unresolved discovery disputes (other than those that arise during depositions)must be brought before the Court no later than September 29, 2022. All other provisions set forth in the Court's prior Scheduling Orders shall remain in effect.. Signed by Magistrate Judge Jessica S. Allen on 9/19/2022. (ld, )
September 15, 2022 Opinion or Order Filing 82 Letter from Todd S. Collins and William J. Delany to The Honorable Jessica S. Allen. (Attachments: #1 Text of Proposed Order)(GERTNER, ABIGAIL)
September 7, 2022 Opinion or Order Filing 81 Letter from Todd Collins - Joint Letter to Court. (GERTNER, ABIGAIL)
August 18, 2022 Opinion or Order Filing 80 JOINT AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Jessica S. Allen on 8/18/2022. (sm)
August 15, 2022 Opinion or Order Filing 79 Letter from Todd S. Collins. (Attachments: #1 Text of Proposed Order)(GERTNER, ABIGAIL)
July 27, 2022 Opinion or Order Filing 78 TEXT ORDER: As per today's Telephone Status Conference, the parties shall submit a joint status letter on or before 9/7/22, addressing the status of completing fact discovery. A Telephone Status Conference is scheduled for 9/21/22 at 10:15 a.m. and the connection information will be provided in advance. So Ordered by Magistrate Judge Jessica S. Allen on 7/27/22. (jbb)
July 27, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 7/27/2022. (Court Reporter: None) (jbb)
July 20, 2022 Opinion or Order Filing 77 Letter from Abigail Gertner. (GERTNER, ABIGAIL)
June 3, 2022 Opinion or Order Filing 76 TEXT ORDER: As per today's Telephone Status Conference, the parties shall submit a joint status letter on or before 7/20/22, addressing the status of completing fact discovery. A Telephone Status Conference is scheduled for 7/27/22 at 9:15 a.m. and the connection information will be provided in advance. So Ordered by Magistrate Judge Jessica S. Allen on 6/3/22. (jbb)
June 3, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 6/3/2022. (Court Reporter: None) (jbb)
June 1, 2022 Opinion or Order Filing 75 STATUS REPORT (Joint Discovery Status Report re Order, Dkt. 74) by KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.. (DELANY, WILLIAM)
May 12, 2022 Opinion or Order Filing 74 SECOND AMENDED SCHEDULING ORDER; The Telephone Status Conference shall proceed as scheduled on June 3, 2022 at 9:30 a.m. A joint status letter is due on or before June 1, 2022. Fact Discovery due by 9/15/2022.;etc. Signed by Magistrate Judge Jessica S. Allen on 5/12/2022. (ld, )
April 28, 2022 Opinion or Order Filing 73 Proposed Order SECOND AMENDED SCHEDULING ORDER by All Plaintiffs. (LECHTZIN, ERIC)
April 21, 2022 Opinion or Order Filing 72 TEXT ORDER: The Court is in receipt of the parties' joint status letter and Plaintiff's unopposed request to extend the fact discovery deadline until 9/15/22. The request is GRANTED. The parties shall submit an agreed upon proposed Amended Scheduling Order on or before 4/28/22, setting forth the 9/15/22 fact discovery deadline as well as any proposed corresponding modifications to the current expert discovery deadlines. The Telephone Status Conference scheduled for 5/24/22 at 9:00 a.m. is rescheduled for 6/3/22 at 9:30 a.m. So Ordered by Magistrate Judge Jessica S. Allen on 4/21/22. (jbb)
April 21, 2022 Opinion or Order Filing 71 ORDER REGARDING THE SEARCH FOR AND PRODUCTION OF DISCOVERY MATERIAL (ESI PROTOCOL);etc. Signed by Magistrate Judge Jessica S. Allen on 4/21/2022. (ld, )
April 18, 2022 Opinion or Order Filing 70 Letter from William J. Delany. (DELANY, WILLIAM)
April 18, 2022 Opinion or Order Filing 69 Letter from William J. Delany. (Attachments: #1 Exhibit Proposed Order)(DELANY, WILLIAM)
March 30, 2022 Opinion or Order Filing 68 TEXT ORDER: As per today's Telephone Status Conference, the parties shall submit a joint letter on or before April 18, 2022, setting forth whether the parties have reached an agreement on an ESI protocol as well as search terms and providing a status regarding Defendants' substantial production of documents and the parties' completion of all remaining fact discovery. The Court will issue an Amended Scheduling Order upon receipt of the parties' status report. A Telephone Status Conference is scheduled for May 24, 2022 at 9:00 a.m. The Conference Call information will be provided in advance. So Ordered by Magistrate Judge Jessica S. Allen on 3/30/22. (jbb)
March 30, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 3/30/2022. (Court Reporter: None) (jbb)
March 2, 2022 Opinion or Order Filing 67 TEXT ORDER: The Court will address the parties' joint status letter of 2/28/22 (ECF No. 66) and proposed Amended Scheduling Order during the Telephone Status Conference scheduled for March 30, 2022. So Ordered by Magistrate Judge Jessica S. Allen on 3/2/22. (jbb)
February 28, 2022 Opinion or Order Filing 66 STATUS REPORT Joint Status Report re Order Dkt. 65 by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(GERTNER, ABIGAIL)
February 2, 2022 Opinion or Order Filing 65 TEXT ORDER: As per today's Telephone Status Conference, on or before 2/18/22, Defense counsel shall provide Plaintiff's counsel with an update regarding the progress of Defendants' rolling production and when the production is expected to be completed. The parties shall continue to meet and confer in an effort to resolve outstanding issues related to discovery responses. The parties shall submit a joint letter on or before 2/28/22, addressing what, if any discovery disputes remain and the status of completing fact discovery, and submit an agreed upon proposed Amended Scheduling Order regarding any proposed modifications to the current discovery deadlines. A Telephone Status Conference is scheduled for 3/30/22 at 11:00 a.m. The Conference Call information shall be provided in advance. So Ordered by Magistrate Judge Jessica S. Allen on 2/2/22. (jbb)
February 2, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 2/2/2022. (Court Reporter: None) (jbb)
January 28, 2022 Opinion or Order Filing 64 Letter from William J. Delany to Judge Allen re: Joint Discovery Status Report re 61 Order,,. (DELANY, WILLIAM)
December 1, 2021 Opinion or Order Filing 63 Discovery Confidentiality Order. Signed by Magistrate Judge Jessica S. Allen on 12/1/2021. (ld, )
November 30, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Telephone Status Conference held on 11/30/2021. (Court Reporter: None) (jbb)
November 30, 2021 Opinion or Order Filing 62 Proposed Order (STIPULATION AND [PROPOSED] DISCOVERY CONFIDENTIALITY ORDER) by KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.. (DELANY, WILLIAM)
November 30, 2021 Opinion or Order Filing 61 TEXT ORDER As per today's Telephone Status Conference, the parties shall resubmit the proposed Discovery Confidentiality Order. On or before January 28, 2022, the parties shall submit a joint letter, setting for the status of completing fact discovery and any proposed modifications to the existing fact discovery deadline. The Court will conduct a Telephone Status Conference on February 2, 2022 at 4:30 p.m. and will provide the conference call information in advance. So Ordered by Magistrate Judge Jessica S. Allen on 11/30/2021. (Allen, Jessica)
September 28, 2021 Opinion or Order Filing 60 TEXT ORDER: The Telephone Status Conference scheduled for 11/3/21 at 3:30 p.m. before the Hon. Mark Falk, U.S.M.J. has been rescheduled for 11/30/21 at 2:15 p.m. before the Undersigned. The parties are instructed to dial 1-888-684-8852 and enter Access Code 9972150# at the time of the Conference. So Ordered by Magistrate Judge Jessica S. Allen on 9/28/21. (jbb)
September 24, 2021 Opinion or Order Filing 59 Case Reassigned to Magistrate Judge Jessica S. Allen. Chief Mag. Judge Mark Falk no longer assigned to the case. (smf, )
August 2, 2021 Opinion or Order Filing 58 ORDER: Telephone Status Conference set for 11/3/2021 03:30 PM before Chief Mag. Judge Mark Falk. Amended Pleadings due by 11/1/2021. Fact Discovery due by 4/1/2022.;etc. Signed by Chief Mag. Judge Mark Falk on 8/2/2021. (ld, )
July 29, 2021 Opinion or Order Minute Entry for proceedings held before Chief Mag. Judge Mark Falk: Initial Pretrial Conference via telephone held on 7/29/2021. (LM, )
July 1, 2021 Opinion or Order Filing 57 LETTER ORDER: Initial Conference set for 7/29/2021 at 10:30 AM before Chief Mag. Judge Mark Falk. Signed by Chief Mag. Judge Mark Falk on 7/1/21. (LM, )
June 30, 2021 Opinion or Order Filing 56 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Julien Xavier Neals for all further proceedings. Judge John Michael Vazquez no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 6/30/2021. (ams, )
June 25, 2021 Opinion or Order Filing 55 ANSWER to Complaint by KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC..(DELANY, WILLIAM)
June 7, 2021 Opinion or Order Filing 54 ORDER granting Defendants request for an extension of time to answer the complaint until June 25, 2021.. Signed by Chief Mag. Judge Mark Falk on 6/7/2021. (ld, )
June 4, 2021 Opinion or Order Filing 53 Letter from Defendants' Counsel, William Delany. (DELANY, WILLIAM)
May 24, 2021 Opinion or Order Filing 52 ORDER granting #46 Motion for Leave to File; granting #49 Motion for Leave to File; granting in part and denying in part #23 Motion to Dismiss; that Count One is DISMISSED without prejudice as against Defendant Konica Minolta Business Solutions U.S.A., Inc. and the individual members of the Konica Minolta 401(k) Plan Committee; that Count One is DISMISSED without prejudice insofar as it alleges a violation of the duty of loyalty; that Count Two is DISMISSED without prejudice as against the Board of Directors of Konica Minolta Business Solutions U.S.A., Inc. and its individual members; that Count Three is DISMISSED without prejudice; that as to the Counts dismissed without prejudice, Plaintiffs shall have thirty (30) days to file an amended complaint addressing the deficiencies noted in the accompanying Opinion; etc.. Signed by Judge John Michael Vazquez on 5/24/2021. (ld, )
May 24, 2021 Opinion or Order Filing 51 OPINION. Signed by Judge John Michael Vazquez on 5/24/2021. (ld, )
May 14, 2021 Opinion or Order Filing 50 BRIEF in Opposition filed by All Defendants re #23 MOTION to Dismiss Complaint with Prejudice (CRAWFORD, PHILIP)
May 10, 2021 Opinion or Order Set Deadlines as to #49 MOTION for Leave to File Additional Supplemental Authority (In re Quest Diagnostics Incorporated ERISA Litigation, C.A. No. 20-07936-SDW-LDW (D.N.J.)). Motion set for 6/7/2021 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, )
May 9, 2021 Opinion or Order Filing 49 MOTION for Leave to File Additional Supplemental Authority (In re Quest Diagnostics Incorporated ERISA Litigation, C.A. No. 20-07936-SDW-LDW (D.N.J.)) by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(LECHTZIN, ERIC)
May 9, 2021 Opinion or Order Filing 48 REPLY to Response to Motion filed by All Plaintiffs re #46 MOTION for Leave to File Supplemental Authorities in Further Support of Plaintiffs' Opposition to Motion to Dismiss (Attachments: #1 Exhibit 1)(LECHTZIN, ERIC)
May 5, 2021 Opinion or Order Filing 47 BRIEF in Opposition filed by BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., SUSAN MCCARTHY, SANDRA SOHL re #46 MOTION for Leave to File Supplemental Authorities in Further Support of Plaintiffs' Opposition to Motion to Dismiss (CRAWFORD, PHILIP)
April 30, 2021 Opinion or Order Set/Reset Deadlines as to #46 MOTION for Leave to File Supplemental Authorities in Further Support of Plaintiffs' Opposition to Motion to Dismiss. Motion set for 6/7/2021 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
April 29, 2021 Opinion or Order Filing 46 MOTION for Leave to File Supplemental Authorities in Further Support of Plaintiffs' Opposition to Motion to Dismiss by All Plaintiffs. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit A, #4 Exhibit B)(LECHTZIN, ERIC)
April 15, 2021 Opinion or Order Filing 45 RESPONSE in Support filed by All Defendants re #23 MOTION to Dismiss Complaint with Prejudice (CRAWFORD, PHILIP)
April 5, 2021 Opinion or Order Filing 44 Exhibit to #43 Notice (Other) Index of Exhibits to Notice of Supplemental Authorities by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(LECHTZIN, ERIC)
April 5, 2021 Opinion or Order Filing 43 NOTICE by All Plaintiffs re #35 Brief in Opposition to Motion Supplemental Authorities in Further Support (LECHTZIN, ERIC)
November 11, 2020 Opinion or Order Filing 42 RESPONSE in Support filed by All Defendants re #23 MOTION to Dismiss Complaint with Prejudice (Response to Supplemental Authority) (DORFMAN, DANIEL)
November 11, 2020 Opinion or Order Filing 41 RESPONSE re #40 Notice (Other). (CRAWFORD, PHILIP)
November 3, 2020 Opinion or Order Filing 40 NOTICE by All Plaintiffs re #35 Brief in Opposition to Motion Supplemental Authority (Attachments: #1 Exhibit A)(LECHTZIN, ERIC)
October 21, 2020 Opinion or Order Filing 39 ORDER granting #36 Defendants' Letter requesting permission for leave to file an over-length brief in support of their Motion to Dismiss. etc. Signed by Judge John Michael Vazquez on 10/21/2020. (dam)
October 20, 2020 Opinion or Order Filing 38 REPLY BRIEF to Opposition to Motion filed by BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., SUSAN MCCARTHY, SANDRA SOHL re #23 MOTION to Dismiss Complaint with Prejudice (DORFMAN, DANIEL)
October 20, 2020 Opinion or Order Filing 37 NOTICE of Appearance by WILLIAM J. DELANY on behalf of All Defendants (DELANY, WILLIAM)
October 16, 2020 Opinion or Order Filing 36 Letter from Defendant's Counsel. (CRAWFORD, PHILIP)
October 6, 2020 Opinion or Order Filing 35 BRIEF in Opposition filed by All Plaintiffs re #23 MOTION to Dismiss Complaint with Prejudice (LECHTZIN, ERIC)
October 6, 2020 Opinion or Order Filing 34 NOTICE of Appearance by ABIGAIL GERTNER on behalf of All Plaintiffs (GERTNER, ABIGAIL)
October 5, 2020 Opinion or Order Pro Hac Vice counsel, LARS C. GOLUMBIC, ESQ., EDWARD J. MEEHAN, ESQ., SAMUEL I. LEVIN, ESQ. and ELIZABETH L. WOODS, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, )
October 1, 2020 Opinion or Order Filing 33 TEXT ORDER: Pursuant to the Courts prior order, D.E. 32, the Clerk of the Court shall reinstate Defendants Motion to Dismiss the Complaint, D.E. 23, as of October 1, 2020. The briefing schedule issued at D.E.32 remains in effect. So Ordered by Judge John Michael Vazquez on 10/1/2020. (ro, )
October 1, 2020 Opinion or Order Deadlines reset pursuant to order on file as to #23 MOTION to Dismiss Complaint with Prejudice. Responses due by 10/6/2020 Replies due by 10/20/2020. (ro, )
September 9, 2020 Opinion or Order Filing 32 ORDER setting briefing schedule as to #23 MOTION to Dismiss Complaint with Prejudice with responses due by 10/6/2020, and replies due by 10/20/2020. The court administratively terminates the pending motion and will reinstate the motion to the active docket on October 1, 2020. Signed by Judge John Michael Vazquez on 9/9/2020. (ro, )
September 8, 2020 Opinion or Order Filing 31 Notice of Request by Pro Hac Vice Elizabeth L. Woods to receive Notices of Electronic Filings. (CRAWFORD, PHILIP)
September 8, 2020 Opinion or Order Filing 30 Notice of Request by Pro Hac Vice Samuel I. Levin to receive Notices of Electronic Filings. (CRAWFORD, PHILIP)
September 8, 2020 Opinion or Order Filing 29 Notice of Request by Pro Hac Vice Edward J. Meehan to receive Notices of Electronic Filings. (CRAWFORD, PHILIP)
September 8, 2020 Opinion or Order Filing 28 Notice of Request by Pro Hac Vice Lars C. Golumbic to receive Notices of Electronic Filings. (CRAWFORD, PHILIP)
September 8, 2020 Opinion or Order Filing 27 NOTICE of Appearance by PHILIP W. CRAWFORD on behalf of All Defendants (CRAWFORD, PHILIP)
September 8, 2020 Opinion or Order Filing 26 NOTICE of Appearance by PHILIP W. CRAWFORD on behalf of All Defendants (CRAWFORD, PHILIP)
September 8, 2020 Opinion or Order Filing 25 NOTICE of Appearance by PHILIP W. CRAWFORD on behalf of All Defendants (CRAWFORD, PHILIP)
September 4, 2020 Opinion or Order Filing 24 Letter re Set/Reset Motion and R&R Deadlines/Hearings,. (Attachments: #1 Text of Proposed Order Stipulation for Extension of Time for Plaintiffs to Respond to Rule 12 Motion and Proposed Order)(LECHTZIN, ERIC)
August 26, 2020 Opinion or Order Set/Reset Deadlines as to #23 MOTION to Dismiss Complaint with Prejudice. Motion set for 9/21/2020 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
August 25, 2020 Opinion or Order Filing 23 MOTION to Dismiss Complaint with Prejudice by BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., SUSAN MCCARTHY, SANDRA SOHL. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Declaration of Lars C. Golumbic, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Certificate of Service)(CRAWFORD, PHILIP)
August 25, 2020 Opinion or Order Pro Hac Vice fee as to Edward J. Meehan, Samuel I. Levine, Elizabeth L. Woods, and Lars Golumbic: $ 600, receipt number CAM011065 (dmr)
August 19, 2020 Opinion or Order Filing 22 NOTICE of Appearance by PHILIP W. CRAWFORD on behalf of All Defendants (CRAWFORD, PHILIP)
August 7, 2020 Opinion or Order Filing 21 AMENDED CONSENT ORDER ADMITTING ATTORNEYS EDWARD J. MEEHAN, SAMUEL I. LEVIN, AND ELIZABETH L. WOODS PRO HAC VICE, etc. Signed by Chief Mag. Judge Mark Falk on 8/7/2020. (lag, )
August 7, 2020 Opinion or Order Filing 20 AMENDED DOCUMENT by All Defendants. Amendment to #18 Application/Petition, Amended Proposed Consent Order (corrected spelling of Levin). (CRAWFORD, PHILIP)
August 7, 2020 Opinion or Order Filing 19 CONSENT ORDER granting #18 Application for the Pro Hac Vice Admission of Edward J. Meehan, Samuel I. Levine and Elizabeth L. Woods. Signed by Chief Mag. Judge Mark Falk on 8/7/2020. (ams, )
August 6, 2020 Opinion or Order Filing 18 APPLICATION/PETITION for pro hac vice Admission for by All Defendants. (Attachments: #1 Declaration of Edward J. Meehan, #2 Declaration of Samuel I. Levine, #3 Declaration of Elizabeth L. Woods, #4 Certification of Philip W. Crawford, #5 Text of Proposed Order Consent Order)(CRAWFORD, PHILIP)
July 28, 2020 Filing 17 CONSENT ORDER granting #15 Defendants' Application/Petition for the Pro Hac Vice Admission of LARS C. GOLUMBIC, ESQ. etc. Signed by Chief Mag. Judge Mark Falk on 7/28/2020. (dam, )
July 28, 2020 Opinion or Order Filing 16 ORDER Extending Time to Respond to Complaint re #14 Stipulation. Defendants shall have until 8/25/2020 to respond to the Complaint. etc. Signed by Chief Mag. Judge Mark Falk on 7/28/2020. (dam, )
July 27, 2020 Filing 15 APPLICATION/PETITION for by All Defendants. (Attachments: #1 Declaration of Counsel in Support of pro hac vice admission, #2 Declaration Atty Golimbic in Support of pro hac admission, #3 Text of Proposed Order)(CRAWFORD, PHILIP)
July 27, 2020 Filing 14 STIPULATION Extending time to Answer by All Defendants. (Attachments: #1 Stipulation Extending Time to Answer)(CRAWFORD, PHILIP)
July 17, 2020 Opinion or Order Filing 13 ORDER granting #12 Plaintiffs' Motion for Leave to Appear Pro Hac Vice as to TODD S. COLLINS. etc. Signed by Chief Mag. Judge Mark Falk on 7/17/2020. (dam, )
July 17, 2020 Set/Reset Deadlines as to #12 MOTION for Leave to Appear Pro Hac Vice for Todd S. Collins, Esq.. Motion set for 8/17/2020 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
July 16, 2020 Filing 12 MOTION for Leave to Appear Pro Hac Vice for Todd S. Collins, Esq. by All Plaintiffs. (Attachments: #1 Declaration of Eric Lechtzin in Support of Admission of Todd S. Collins Pro Hac Vice, #2 Declaration of Todd S. Collins in Support of Application for Admission Pro Hac Vice, #3 Text of Proposed Order)(LECHTZIN, ERIC)
July 13, 2020 Filing 11 CONSENT ORDER granting #10 Defendants' Application/Petition for the Pro Hac Vice Admission of CHRISTOPHER J. RILLO, ESQ. etc. Signed by Chief Mag. Judge Mark Falk on 7/13/2020. (dam, )
July 10, 2020 Filing 10 APPLICATION/PETITION for by All Defendants. (Attachments: #1 Declaration Philip W. Crawford, #2 Declaration Christopher J. Rillo, #3 Text of Proposed Order Consent Order)(CRAWFORD, PHILIP)
July 6, 2020 Opinion or Order Filing 9 STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO THE COMPLAINT; that Defendants shall have until August 11, 2020, to respond to the Complaint. Signed by Chief Mag. Judge Mark Falk on 7/6/2020. (ld, )
July 2, 2020 Filing 8 STIPULATION AS TO TIME TO PLEAD/MOVE BY PLAINTIFFS AND by All Defendants. (CRAWFORD, PHILIP)
June 22, 2020 Filing 7 Summons Returned Unexecuted by RAY ALLEN LUENSE as to SANDRA SOHL. (LECHTZIN, ERIC)
June 22, 2020 Filing 6 SUMMONS Returned Executed by RAY ALLEN LUENSE. KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. served on 6/11/2020, answer due 7/2/2020. (LECHTZIN, ERIC)
June 22, 2020 Filing 5 SUMMONS Returned Executed by RAY ALLEN LUENSE. BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. served on 6/11/2020, answer due 7/2/2020. (LECHTZIN, ERIC)
June 22, 2020 Filing 4 SUMMONS Returned Executed by RAY ALLEN LUENSE. KONICA MINOLTA 401(K) PLAN COMMITTEE served on 6/11/2020, answer due 7/2/2020. (LECHTZIN, ERIC)
June 22, 2020 Filing 3 SUMMONS Returned Executed by RAY ALLEN LUENSE. SUSAN MCCARTHY served on 6/11/2020, answer due 7/2/2020. (LECHTZIN, ERIC)
June 5, 2020 Filing 2 SUMMONS ISSUED as to BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., SUSAN MCCARTHY, SANDRA SOHL. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ld, )
June 4, 2020 Filing 1 COMPLAINT against BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., JOHN DOE 1-30, KONICA MINOLTA 401(K) PLAN COMMITTEE, KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., SUSAN MCCARTHY, SANDRA SOHL ( Filing and Admin fee $ 400 receipt number ANJDC-10898566), filed by DANIEL F SETTNEK, PAMELA PEARSON, RAY ALLEN LUENSE, NEIL ROSE. (Attachments: #1 Civil Cover Sheet)(LECHTZIN, ERIC).
June 4, 2020 Case assigned to Judge John Michael Vazquez and Chief Mag. Judge Mark Falk. (jr)

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Search for this case: LUENSE et al v. KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. et al
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Plaintiff: NEIL ROSE
Represented By: ERIC LECHTZIN
Represented By: ABIGAIL GERTNER
Represented By: NATALIE LESSER
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Plaintiff: DANIEL F SETTNEK
Represented By: ERIC LECHTZIN
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Plaintiff: PAMELA PEARSON
Represented By: ERIC LECHTZIN
Represented By: ABIGAIL GERTNER
Represented By: NATALIE LESSER
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Plaintiff: RAY A LUENSE
Represented By: ERIC LECHTZIN
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Plaintiff: RAY ALLEN LUENSE
Represented By: ERIC LECHTZIN
Represented By: ABIGAIL GERTNER
Represented By: NATALIE LESSER
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Plaintiff: DANIEL F. SETTNEK
Represented By: ERIC LECHTZIN
Represented By: ABIGAIL GERTNER
Represented By: NATALIE LESSER
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Defendant: BOARD OF DIRECTORS OF KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.
Represented By: LESLIE VIZCAINO
Represented By: PHILIP W. CRAWFORD
Represented By: WILLIAM J. DELANY
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Defendant: KONICA MINOLTA 401(K) PLAN COMMITTEE
Represented By: LESLIE VIZCAINO
Represented By: PHILIP W. CRAWFORD
Represented By: WILLIAM J. DELANY
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Defendant: SUSAN MCCARTHY
Represented By: PHILIP W. CRAWFORD
Represented By: WILLIAM J. DELANY
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Defendant: JOHN DOE 1-30
Represented By: PHILIP W. CRAWFORD
Represented By: WILLIAM J. DELANY
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Defendant: KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.
Represented By: LESLIE VIZCAINO
Represented By: PHILIP W. CRAWFORD
Represented By: WILLIAM J. DELANY
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Defendant: SANDRA SOHL
Represented By: PHILIP W. CRAWFORD
Represented By: WILLIAM J. DELANY
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