Laurent v. PricewaterhouseCoopers LLP et al
Plaintiff: Timothy D. Laurent, Smeeta Sharon and Michael A. Weil
Defendant: PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of Pricewaterh, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP and The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP
Not Classified By Court: Brian Meighan
Case Number: 1:2006cv02280
Filed: March 23, 2006
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: J Paul Oetken
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
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This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2023 Opinion or Order Filing 312 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/27/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
February 7, 2023 Opinion or Order Filing 311 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/27/2023 before Judge J. Paul Oetken. Court Reporter/Transcriber: Sara Beiter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/28/2023. Redacted Transcript Deadline set for 3/10/2023. Release of Transcript Restriction set for 5/8/2023..(McGuirk, Kelly)
January 27, 2023 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Fairness Hearing held on 1/27/2023. Order to follow. See transcript. (bh)
January 27, 2023 Opinion or Order Filing 310 FINAL ORDER AND JUDGMENT: IT IS HEREBY ORDERED AND ADJUDGED: The Court finds that the requested Settlement Administration Costs in the amount of $125,000 is reasonable to carry out the terms of the Agreement, and the Court approves payment of these Settlement Administration Costs pursuant to the terms of the Agreement. Under Goldberger v. Integrated Resources Inc., 209 F.3d 43 (2d Cir. 2000), "the traditional criteria in determining a reasonable common fund fee, includ[e]: (1) the time and labor expended by counsel; (2) the magnitude and complexities of the litigation; (3) the risk of the litigation; (4) the quality of representation; (5) the requested fee in relation to the [recovery]; and (6) public policy considerations." Id. at 50. The Court finds, consistent with "'a jealous regard to the rights of those who are interested in the fund,'" id. at 53, that all six Goldberger factors weigh in favor of a one-third award and Class Counsel's requested fee award is hereby approved. The Court finds that the $489,484.38 in requested out-of-pocket litigation expenses and costs incurred have been adequately documented, were reasonably incurred in connection with the prosecution of the action, and are reasonable for a case of this complexity, scope, and duration. Reimbursement of the requested amount is also hereby approved. Plaintiffs Timothy Laurent and Smeeta Sharon, both of whom were deposed in this action, are awarded Class Representative Service Awards of $50,000 and $40,000, respectively, to be paid by Defendants pursuant to the terms of the Agreement. Based on the representations and submission by Plaintiffs' counsel, the Court finds that the prospect of such awards were reasonably necessary to encourage Plaintiffs to serve, are well-deserved and are within the range of previous awards of this kind. Except as otherwise provided in the Agreement and in this Final Order and Judgment, Plaintiffs and Class Members shall take nothing in this Litigation, and the Court hereby dismisses the claims of Plaintiffs and Class Members against the Plan with prejudice and without costs. This is a final and appealable judgment. The Clerk of Court is directed to close the motion at ECF No. 301, to enter this Judgment, and to mark this case as closed on the docket. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/27/2023) (ate) Transmission to Finance Unit (Cashiers) for processing.
January 27, 2023 Opinion or Order Terminate Transcript Deadlines (ate)
January 20, 2023 Opinion or Order Filing 309 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards . . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Affidavit Declaration of Eli Gottesdiener).(Gottesdiener, Eli)
January 13, 2023 Opinion or Order Filing 308 DECLARATION of Frank Barkan in Support re: #301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards .. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
December 13, 2022 Opinion or Order Filing 307 DECLARATION of Mary Ellen Signorille in Support re: #301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards .. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
December 13, 2022 Opinion or Order Filing 306 DECLARATION of Susan Martin in Support re: #301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards .. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
December 13, 2022 Opinion or Order Filing 305 DECLARATION of Stephen Bruce in Support re: #301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards .. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
December 13, 2022 Opinion or Order Filing 304 DECLARATION of Frank Barkan in Support re: #301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit Mailed Notice, #2 Exhibit Publication Notice).(Gottesdiener, Eli)
December 13, 2022 Opinion or Order Filing 303 DECLARATION of Eli Gottesdiener in Support re: #301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit Lodestar Summary, #2 Exhibit Expenses Summary).(Gottesdiener, Eli)
December 13, 2022 Opinion or Order Filing 302 MEMORANDUM OF LAW in Support re: #301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards . . Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
December 13, 2022 Opinion or Order Filing 301 MOTION to Approve Class Action Settlement and for Approval of Attorneys Fees and Expenses, Settlement Administration Costs, and Named Plaintiff Service Awards . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit Proposed Final Approval Order).(Gottesdiener, Eli)
October 31, 2022 Opinion or Order Filing 300 ORDER GRANTING PRELIMINARY APPROVAL OF THE PARTIES' CLASS ACTION SETTLEMENT AND APPROVING NOTICE TO THE CLASS: IT IS HEREBY ORDERED THAT: The Court has jurisdiction over the subject matter of this Litigation, Plaintiff Timothy Laurent and Plaintiff Smeeta Sharon ("Plaintiffs"), Class Members, and Defendants pursuant to 29 U.S.C. 1132(e). To the extent not otherwise defined herein, all capitalized words, terms and phrases shall have the same meaning as used in the Agreement. The proposed Settlement is hereby preliminarily approved. The Court finds the proposed Settlement, supported by counsel previously certified as adequate Class Counsel and achieved through arm's-length negotiations, is sufficiently fair, reasonable and adequate to receive preliminary approval and to proceed to a Fairness Hearing. Accordingly, notice thereof should be given to the Class Members. The Court appoints Continental DataLogix LLC as Notice Administrator. The Notice Administrator is directed to provide the Notices of the Settlement to Class Members in accordance with the provisions of the Agreement and this Order. The stay of this case is hereby LIFTED. The Clerk is directed to close ECF No. 291. Motions terminated: #291 MOTION Preliminary Approval of Class Action Settlement . filed by Smeeta Sharon, Timothy D. Laurent. (Signed by Judge J. Paul Oetken on 10/31/2022) (rro)
September 20, 2022 Opinion or Order Filing 299 ORDER granting #297 Letter Motion to Seal: GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (lar)
September 19, 2022 Opinion or Order Filing 298 ***SELECTED PARTIES***SETTLEMENT AGREEMENT Exhibit A - Estimate Spreadsheet. Document filed by Timothy D. Laurent, Smeeta Sharon, Brian Meighan, PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.Motion or Order to File Under Seal: #297 .(Gottesdiener, Eli)
September 19, 2022 Opinion or Order Filing 297 JOINT LETTER MOTION to Seal Class Action Settlement Agreement Exhibit A - Estimate Spreadsheet addressed to Judge J. Paul Oetken from Eli Gottesdiener dated September 19, 2022. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
September 19, 2022 Opinion or Order Filing 296 DECLARATION of Smeeta Sharon in Support re: #291 MOTION Preliminary Approval of Class Action Settlement .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1 - GLF-Sharon Retainer Agreement).(Gottesdiener, Eli)
September 19, 2022 Opinion or Order Filing 295 DECLARATION of Timothy D. Laurent in Support re: #291 MOTION Preliminary Approval of Class Action Settlement .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1 - GLF-Laurent Retainer Agreement).(Gottesdiener, Eli)
September 19, 2022 Opinion or Order Filing 294 DECLARATION of Lawrence Deutsch, E.A. in Support re: #291 MOTION Preliminary Approval of Class Action Settlement .. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
September 19, 2022 Opinion or Order Filing 293 DECLARATION of Eli Gottesdiener in Support re: #291 MOTION Preliminary Approval of Class Action Settlement .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit A - 2020 RBAP Annual Return/Report of Employee Benefit Plan, #2 Exhibit B - Internal document PwC produced in discovery, #3 Exhibit C - Reflections on the Second Circuits Decision in Osberg v. Foot Locker).(Gottesdiener, Eli)
September 19, 2022 Opinion or Order Filing 292 MEMORANDUM OF LAW in Support re: #291 MOTION Preliminary Approval of Class Action Settlement . . Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
September 19, 2022 Opinion or Order Filing 291 MOTION Preliminary Approval of Class Action Settlement . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1 - Class Action Settlement Agreement, #2 Exhibit 2 - Proposed Preliminary Approval Order).(Gottesdiener, Eli)
August 3, 2022 Opinion or Order Filing 290 ORDER denying as moot #277 Motion for Reconsideration re #277 MOTION for Reconsideration re; #276 Memorandum & Opinion,,,, . filed by The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, PricewaterhouseCoopers LLP. The Court has been informed that the parties have reached a settlement in principle of this case. Accordingly, this case is hereby STAYED pending further order. The pending motion for reconsideration [ECF 277] is denied as moot without prejudice to reinstatement in the event that the settlement is not consummated. The parties shall file a motion for preliminary approval or a status letter within 45 days after the date of this order. The Clerk of Court is directed to close the motion at ECF 277 and to mark this case as stayed. (Signed by Judge J. Paul Oetken on 8/3/2022) (rro)
August 3, 2022 Opinion or Order Case Stayed (rro)
August 2, 2022 Opinion or Order Filing 289 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated August 2, 2022 re: That the Parties Have Agreed to a Settlement in Principle and Jointly Request a Stay of Further Proceedings to Allow Them to Prepare a Settlement and Submissions Seeking Preliminary Approval. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
July 29, 2022 Opinion or Order Filing 288 JOINT STIPULATION AND ORDER MODIFYING THE CLASS DEFINITION TO EXCLUDE BRIAN MEIGHAN: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to Court approval: 1.The class definition is modified to exclude Brian Meighan. 2.This Stipulation is without prejudice to any party's (other than Brian Meighan's) claims, defenses or arguments, all of which are reserved. IT IS SO ORDERED. (Signed by Judge J. Paul Oetken on 7/29/2022) (ate)
July 27, 2022 Opinion or Order Filing 287 PROPOSED STIPULATION AND ORDER. Document filed by Brian Meighan..(Wang, George)
April 7, 2022 Opinion or Order Filing 286 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated April 7, 2022 re: response to Plaintiffs' notice of supplemental authority dated April 5, 2022 (Dkt. 285). Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP..(Thomasch, Daniel)
April 5, 2022 Opinion or Order Filing 285 NOTICE of Supplemental Authority re the relief to which the Class is entitled. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit N.R. by and through S.R. v. Raytheon Co., 24 F.4th 740 (1st Cir. 2022)).(Gottesdiener, Eli)
November 9, 2021 Opinion or Order Filing 284 ORDER denying #282 Letter Motion for Leave to File Document: DENIED. THE COURT CONCLUDES THAT THERE IS NOT AN EXTRAORDINARY SITUATION CREATING GOOD CAUSE FOR PLAINTIFFS TO FILE A SURREPLY. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (ja)
November 2, 2021 Opinion or Order Filing 283 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated November 2, 2021 re: #282 LETTER MOTION for Leave to File Surreply addressed to Judge J. Paul Oetken from Eli Gottesdiener dated November 1, 2021. . Document filed by PricewaterhouseCoopers LLP..(Thomasch, Daniel)
November 1, 2021 Opinion or Order Filing 282 LETTER MOTION for Leave to File Surreply addressed to Judge J. Paul Oetken from Eli Gottesdiener dated November 1, 2021. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1-Proposed Surreply).(Gottesdiener, Eli)
October 28, 2021 Opinion or Order Filing 281 REPLY MEMORANDUM OF LAW in Support re: #277 MOTION for Reconsideration re; #276 Memorandum & Opinion,,,, . . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP..(Thomasch, Daniel)
October 21, 2021 Opinion or Order Filing 280 MEMORANDUM OF LAW in Opposition re: #277 MOTION for Reconsideration re; #276 Memorandum & Opinion,,,, . . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit A).(Gottesdiener, Eli)
October 21, 2021 Opinion or Order Filing 279 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated October 21, 2021 re: Joint Letter re the Parties' Respective Proposals for Further Proceedings in this Matter. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
October 14, 2021 Opinion or Order Filing 278 MEMORANDUM OF LAW in Support re: #277 MOTION for Reconsideration re; #276 Memorandum & Opinion,,,, . . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP..(Thomasch, Daniel)
October 14, 2021 Opinion or Order Filing 277 MOTION for Reconsideration re; #276 Memorandum & Opinion,,,, . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP..(Thomasch, Daniel)
September 30, 2021 Opinion or Order Filing 276 OPINION AND ORDER: re: #260 MOTION TO DECERTIFY THE RULE 23(B)(2) CLASS . filed by The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, PricewaterhouseCoopers LLP. For the foregoing reasons, it is hereby ORDERED that: PWC's motion for class decertification is DENIED; Plaintiffs' motion for summary judgment is GRANTED in part and DENIED in part. Specifically, Plaintiffs are granted summary judgment on liability with respect to the Plan's normal retirement age and the Plan's projection rate. Summary judgment is denied as to relief. The parties are directed to confer regarding the next phase of this litigation. Within 21 days after the date of this Opinion and Order, the parties shall file a joint letter of up to 6 single- spaced pages addressing each side's proposals for further proceedings. The Clerk of Court is directed to close the motions at Docket Numbers 216 and 260. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/30/2021) (js)
September 17, 2021 Opinion or Order Filing 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/31/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
September 17, 2021 Opinion or Order Filing 274 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/31/2021 before Judge J. Paul Oetken. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021..(Moya, Goretti)
August 31, 2021 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Status Conference held on 8/31/2021. (see transcript) (bh)
August 4, 2021 Opinion or Order Filing 273 ORDER: COUNSEL FOR THE PARTIES SHALL ATTEND A TELEPHONIC STATUS CONFERENCE ON TUESDAY, AUGUST 31, 2021, AT 2:00 PM. The conference call number is 888-557-8511 and the access code is 9300838. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (ja)
July 29, 2021 Opinion or Order Filing 272 ORDER: In light of the Supreme Court's denial of PricewaterhouseCoopers LLP's petition for certiorari, the stay in this case is hereby lifted. So Ordered. (Signed by Judge J. Paul Oetken on 7/29/2021) (js)
July 29, 2021 Opinion or Order Case Stay Lifted. (js)
July 10, 2021 Opinion or Order Filing 271 AMENDED LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated July 10, 2021 re: Defendants' Purported Supplemental Authority in Support of Their Motion for Class Decertification. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
July 9, 2021 Opinion or Order Filing 270 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated July 9, 2021 re: Defendants' Purported Supplemental Authority in Support of Their Motion for Class Decertification. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
July 7, 2021 Opinion or Order Filing 269 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated July 7, 2021 re: Notice of Supplemental Authority and Request for Status Conference. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A - Supplemental Authority).(Thomasch, Daniel)
July 2, 2021 Opinion or Order Filing 268 NOTICE of Joint Letter notifying the Court that Defendants' petition for certiorari has been denied re: #267 Order Staying Case,,. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
March 10, 2021 Opinion or Order Filing 267 ORDER. In light of the possible Supreme Court review of the Second Circuit's decision in Laurent v. PricewaterhouseCoopers LLP, 945 F.3d 739, 749 (2d Cir. 2019), the Court hereby stays this action pending the outcome of PricewaterhouseCoopers LLP's petition for certiorari. The parties are directed to file a joint status letter informing the Court when a decision regarding the pending cert petition has been made. The Clerk of Court is directed to stay the case pending further order. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/10/21) (yv)
October 19, 2020 Opinion or Order Filing 266 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated October 19, 2020 re: possible Supreme Court review of the Second Circuit's decision in Laurent v. PricewaterhouseCoopers LLP. Document filed by PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A- U.S. Supreme Court Order List for 10/19/2020).(Thomasch, Daniel)
August 14, 2020 Opinion or Order Filing 265 REPLY MEMORANDUM OF LAW in Support re: #260 MOTION TO DECERTIFY THE RULE 23(B)(2) CLASS . . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP..(Thomasch, Daniel)
August 7, 2020 Opinion or Order Filing 264 MEMORANDUM OF LAW in Opposition re: #260 MOTION TO DECERTIFY THE RULE 23(B)(2) CLASS . . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1-Final Form Brief of Defendants-Appellees, Case No. 18-487, Dkt. 124, #2 Exhibit 2-4/1/01 PwC Partners and Principals Agreement (from Murphy docket)).(Gottesdiener, Eli)
July 24, 2020 Opinion or Order Filing 263 DECLARATION of JAMES T. McHALE in Support re: #260 MOTION TO DECERTIFY THE RULE 23(B)(2) CLASS .. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Thomasch, Daniel)
July 24, 2020 Opinion or Order Filing 262 DECLARATION of DANIEL J. THOMASCH in Support re: #260 MOTION TO DECERTIFY THE RULE 23(B)(2) CLASS .. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, Part 1 - Retirement Benefits Accumulation Plan for Employees of PricewaterhouseCoopers LLP, #2 Exhibit A, Part 2 - Retirement Benefits Accumulation Plan for Employees of PricewaterhouseCoopers LLP, #3 Exhibit A, Part 3 - Retirement Benefits Accumulation Plan for Employees of PricewaterhouseCoopers LLP, #4 Exhibit B - Letter Submission, #5 Exhibit C - Transcript, #6 Exhibit D - Reply Brief, #7 Exhibit E - Final Form Brief, #8 Exhibit F - Amicus Curiae Brief).(Thomasch, Daniel)
July 24, 2020 Opinion or Order Filing 261 MEMORANDUM OF LAW in Support re: #260 MOTION TO DECERTIFY THE RULE 23(B)(2) CLASS . . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP..(Thomasch, Daniel)
July 24, 2020 Opinion or Order Filing 260 MOTION TO DECERTIFY THE RULE 23(B)(2) CLASS . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP..(Thomasch, Daniel)
March 2, 2020 Opinion or Order Filing 259 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated March 2, 2020 re: response to Plaintiffs' February 28, 2020 Letter (Dkt. No. 258). Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP..(Thomasch, Daniel)
February 28, 2020 Opinion or Order Filing 258 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated February 28, 2020 re: Plaintiffs' request that the Court consider and grant the Class's fully-briefed summary judgment motion. Document filed by Timothy D. Laurent, Smeeta Sharon..(Gottesdiener, Eli)
February 27, 2020 Opinion or Order Filing 257 MANDATE of USCA (Certified Copy) as to #248 Notice of Appeal, filed by Smeeta Sharon, Timothy D. Laurent, #253 Amended Notice of Appeal filed by Smeeta Sharon, Timothy D. Laurent. USCA Case Number 18-0487-cv. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/27/2020..(nd)
February 27, 2020 Opinion or Order Transmission of USCA Mandate to the District Judge re: #257 USCA Mandate,,..(nd)
January 27, 2020 Opinion or Order Filing 256 ORDER granting #255 Motion to Withdraw as Attorney. Pursuant to Local Civil Rule 1.4, I seek leave to withdraw as attorney of record for Plaintiffs in the above-referenced matter because I am no longer working for Gottesdiener LawFirm. Granting this request should have no impact on the forward progress of the case. Granted. The Clerk of Court is directed to terminate attorney Steven D. Cohen from this case and to close the motion at Docket Number 255. So Ordered. Attorney Steven Dana Cohen terminated. (Signed by Judge J. Paul Oetken on 1/27/2020) (js)
January 24, 2020 Opinion or Order Filing 255 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Steven D. Cohen to Withdraw as Attorney . Document filed by Timothy D. Laurent, Smeeta Sharon.(Cohen, Steven) Modified on 2/24/2020 (db).
December 23, 2019 Opinion or Order Filing 254 OPINION of USCA (Certified) as to #248 Notice of Appeal, filed by Smeeta Sharon, Timothy D. Laurent, #253 Amended Notice of Appeal filed by Smeeta Sharon, Timothy D. Laurent. USCA Case Number 18-0487-cv. Appeal from a judgment of the United States District Court for the Southern District of New York (Oetken, J.) dismissing plaintiffs-appellants'. claims alleging that the terms of their employee retirement benefits plan violated the Employment Retirement Income Security Act, 29 U.S.C. 1001 et seq. In a prior appeal, we affirmed the district court.s holding that the plan violated the statute, and we remanded for the district court to consider the appropriate relief. On remand, however, defendants-appellees moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), contending that the relief requested by plaintiffs-appellants -- reformation of the plan and the recalculation of benefits in accordance with the reformed plan -- was unavailable as a matter of law. The district court agreed. VACATED AND REMANDED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/23/2019. (nd)
December 23, 2019 Opinion or Order Transmission of USCA Opinion to the District Judge re: #254 USCA Opinion. (nd)
May 8, 2018 Opinion or Order Filing 253 AMENDED NOTICE OF APPEAL re: #248 Notice of Appeal, #251 Memorandum & Opinion,. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
May 8, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Gottesdiener, Eli to RE-FILE Document No. #252 Notice of Appeal. The filing is deficient for the following reason(s): the wrong event was used, the document being amended, and the order/judgment being appealed were not selected. Re-file the appeal using the event type Amended Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) Modified on 5/8/2018 (tp).
May 8, 2018 Opinion or Order USCA Case Number 18-0487 from the USCA 2nd Circuit assigned to #248 Notice of Appeal, filed by Smeeta Sharon, Timothy D. Laurent, #253 Amended Notice of Appeal filed by Smeeta Sharon, Timothy D. Laurent. (tp)
May 8, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #253 Amended Notice of Appeal. (tp)
May 8, 2018 Opinion or Order First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #253 Amended Notice of Appeal filed by Smeeta Sharon, Timothy D. Laurent USCA Case Number 18-0487, were transmitted to the U.S. Court of Appeals. (tp)
May 7, 2018 Opinion or Order Filing 252 FILING ERROR - NO ORDER SELECTED FOR APPEAL - AMENDED NOTICE OF APPEAL. Document filed by Timothy D. Laurent, Smeeta Sharon. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Gottesdiener, Eli) Modified on 5/8/2018 (tp).
April 24, 2018 Opinion or Order Filing 251 OPINION AND ORDER re: #246 MOTION For Clarification and/or Modification filed by Smeeta Sharon, Timothy D. Laurent. For the foregoing reasons, Plaintiffs' motion for clarification or modification is DENIED. The Clerk of Court is directed to close the motion at Docket Number 246. (Signed by Judge J. Paul Oetken on 4/24/2018) (mro)
February 28, 2018 Opinion or Order Filing 250 INITIAL NOTICE OF STAY OF APPEAL re: #248 Notice of Appeal,. A notice of appeal was filed in this case on Since at least one motion cited in F.R.A.P. 4(a)(4) has been filed in the district court, this appeal is stayed pending resolution of the motion(s). USCA CASE NO. 18-0487. (nd)
February 28, 2018 Opinion or Order USCA Case Number 18-487 from the U.S. Court of Appeals, Second Circuit assigned to #248 Notice of Appeal, filed by Smeeta Sharon, Timothy D. Laurent. (nd)
February 27, 2018 Opinion or Order Filing 249 REPLY MEMORANDUM OF LAW in Support re: #246 MOTION For Clarification and/or Modification . . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1 - 1/20/10 Conkright v. Frommert Oral Arg. Tr.)(Gottesdiener, Eli)
February 21, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #248 Notice of Appeal. (tp)
February 21, 2018 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #248 Notice of Appeal, filed by Smeeta Sharon, Timothy D. Laurent were transmitted to the U.S. Court of Appeals. (tp)
February 20, 2018 Opinion or Order Filing 248 NOTICE OF APPEAL from #245 Clerk's Judgment,, #236 Memorandum & Opinion,,, #244 Memorandum & Opinion,. Document filed by Timothy D. Laurent, Smeeta Sharon. Filing fee $ 505.00, receipt number 0208-14721845. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Gottesdiener, Eli)
February 20, 2018 Opinion or Order Filing 247 MEMORANDUM OF LAW in Opposition re: #246 MOTION For Clarification and/or Modification . . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Thomasch, Daniel)
February 5, 2018 Opinion or Order Filing 246 MOTION For Clarification and/or Modification . Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
January 22, 2018 Opinion or Order Filing 245 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court's Opinion and Order dated January 19, 2018, Plaintiffs' motion for reconsideration is denied. As counsel for Plaintiffs acknowledged during an oral argument, the conclusion reached by the Court resolves all remaining claims asserted in this action. The Second Amended Complaint is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/22/2018) (Attachments: #1 Right to Appeal)(km)
January 22, 2018 Opinion or Order Terminate Transcript Deadlines (km)
January 19, 2018 Opinion or Order Filing 244 OPINION AND ORDER: For the foregoing reasons, Plaintiffs' motion for reconsideration (Dkt. No. 240) is DENIED. As counsel for Plaintiffs acknowledged during oral argument, the conclusion reached by the Court resolves all remaining claims asserted in this action. Accordingly, the Second Amended Complaint is dismissed with prejudice. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/19/2018) (ama)
January 19, 2018 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #244 Memorandum & Opinion,, to the Judgments and Orders Clerk. (ama)
October 10, 2017 Opinion or Order Filing 243 REPLY MEMORANDUM OF LAW in Support re: #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice. Reply In Support of Plaintiffs' Motion for Reconsideration (Dkt. 240). Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 5-Brief of Amicus DOL, LaRue v. DeWolff, Boberg & Associates, Inc., 551 U.S. 1130 (U.S. 2007), #2 Exhibit 6-Brief of Amicus DOL, Amara v. CIGNA Corp., 01-2361 (D. Conn. September 22, 2011), #3 Exhibit 7-RBAP Excerpts)(Gottesdiener, Eli)
September 21, 2017 Opinion or Order Filing 242 MEMORANDUM OF LAW in Opposition re: #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice. OPPOSITION TO DKT. 240 AND DKT. 241 MOTION FOR RECONSIDERATION AND MEMORANDUM OF LAW IN SUPPORT THEREOF. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Thomasch, Daniel)
August 17, 2017 Opinion or Order Filing 241 MEMORANDUM OF LAW in Support re: #240 Notice (Other) Plaintiffs' Memorandum of Law in Support of Their Motion for Reconsideration. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1 - Defs. 2d Cir. Petition for Interlocutory Appeal, #2 Exhibit 2 - Defs. 2d Cir. Reply in Support of Petition for Interlocutory Appeal, #3 Exhibit 3 - Defs. 2d Cir. Appeal Brief in Support of Reversal of this Courts August 2013 Order Denying Defs. Motion to Dismiss, #4 Exhibit 4 - Defs. 2d Cir. Appeal Reply Brief in Support of Reversal of this Courts August 2013 Order Denying Defs. Motion to Dismiss)(Gottesdiener, Eli)
August 17, 2017 Opinion or Order Filing 240 NOTICE of Plaintiffs' Notice of Motion for Reconsideration re: #236 Memorandum & Opinion,,,. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
August 9, 2017 Opinion or Order Filing 239 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRANSCRIPT proceeding held on 5/23/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 9, 2017 Opinion or Order Filing 238 TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 5/23/2017 before Judge J. Paul Oetken. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2017. Redacted Transcript Deadline set for 9/11/2017. Release of Transcript Restriction set for 11/7/2017.(McGuirk, Kelly)
August 3, 2017 Opinion or Order Filing 237 JOINT STIPULATION: NOW THEREFORE, it is agreed by and between the parties to the above-captioned case that the briefing schedule with respect to Plaintiffs' Motion for Reconsideration shall be as follows: Motions due by 8/17/2017., Responses due by 9/21/2017, Replies due by 10/10/2017. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/02/2017) (ama)
July 24, 2017 Opinion or Order Filing 236 OPINION AND ORDER re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment filed by Smeeta Sharon, Timothy D. Laurent, #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice filed by The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, PricewaterhouseCoopers LLP. For the foregoing reasons, Defendants' motion for judgment on the pleadings is GRANTED and Plaintiffs' motion for summary judgment is DENIED. The Clerk of Court is directed to close the motions at Docket Numbers 209 and 216. The parties are directed to provide a status update or proposed judgment to the Court by August 14, 2017. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 7/24/2017) (cf)
May 31, 2017 Opinion or Order Filing 235 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated May 31, 2017 re: Plaintiffs' letter of May 26, 2017 on 12(c) Motion. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A - 5/23/17 hearing transcript)(Thomasch, Daniel)
May 26, 2017 Opinion or Order Filing 234 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated May 26, 2017 re: Plaintiffs' slides submitted during May 23, 2017 Hearing. Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
May 23, 2017 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Oral Argument held on 5/23/2017 re: #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with oral argument on the Motion for Judgment on the Pleadings. Decision reserved. (Court Reporter Sonya Ketter Moore) (bh)
May 18, 2017 Opinion or Order Filing 233 ORDER:The parties are directed to appear for oral argument on the Motion for Judgment on the Pleadings (Dkt. No. 209) on May 23, 2017, at 2:00 p.m. in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. Counsel should be prepared to discuss (1) timeliness of the motion and/or waiver; (2) whether the relief sought is more akin to contract interpretation or to reformation of contract; and (3) whether equitable relief is available and, if so, in what form.( Oral Argument set for 5/23/2017 at 02:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 5/18/2017) (rj)
February 3, 2017 Opinion or Order Filing 232 REPLY MEMORANDUM OF LAW in Support re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment. . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Text of Proposed Order Proposed Order and Final Judgment)(Gottesdiener, Eli)
January 20, 2017 Opinion or Order Filing 231 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated January 20, 2017 re: Further Response re Supplemental Authority for 12(c) Motion. Document filed by PricewaterhouseCoopers LLP.(Thomasch, Daniel)
January 19, 2017 Opinion or Order Filing 230 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated January 19, 2017 re: Letter in Further Support of Plaintiffs' Opposition to Defendants' Motion for Judgment on the Pleadings (Corrected). Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
January 18, 2017 Opinion or Order Filing 229 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated January 18, 2017 re: Letter in Further Support of Plaintiffs' Opposition to Defendants' Motion for Judgment on the Pleadings. Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
January 13, 2017 Opinion or Order Filing 228 DECLARATION of DANIEL J. THOMASCH in Opposition re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, Part 1, #2 Exhibit A, Part 2, #3 Exhibit A, Part 3, #4 Exhibit A, Part 4, #5 Exhibit A, Part 5)(Thomasch, Daniel)
January 13, 2017 Opinion or Order Filing 227 DECLARATION of AUSTIN STARKWEATHER in Opposition re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Thomasch, Daniel)
January 13, 2017 Opinion or Order Filing 226 DECLARATION of THEODORE P. SENGER in Opposition re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Thomasch, Daniel)
January 13, 2017 Opinion or Order Filing 225 COUNTER STATEMENT TO #218 Rule 56.1 Statement. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Thomasch, Daniel)
January 13, 2017 Opinion or Order Filing 224 MEMORANDUM OF LAW in Opposition re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment. . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Thomasch, Daniel)
January 12, 2017 Opinion or Order Filing 223 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated January 12, 2017 re: to notify the Court of supplemental authority, published after the close of briefing on PwCs pending Rule 12(c) Motion for Judgment on the Pleadings (Dkt. 209). Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A - supplemental authority)(Thomasch, Daniel)
December 20, 2016 Opinion or Order Filing 222 JOINT STIPULATION: NOW THEREFORE, it is agreed by and between the parties to the above-captioned case that the briefing schedule with respect to Plaintiffs' Motion for Summary Judgment shall be as follows: Opposition papers shall be filed no later than January 13, 2017; and, Reply papers shall be filed no later than February 3, 2017. (Set Deadlines/Hearing as to #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment: Responses due by 1/13/2017, Replies due by 2/3/2017.) (Signed by Judge J. Paul Oetken on 12/19/2016) (cla)
December 15, 2016 Opinion or Order Filing 221 DECLARATION of Eli Gottesdiener in Support re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment.. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1 - Technical Advice Memorandum (2014-E-PWC-L005037-45), #3 Exhibit 2 - RBAP Highlights Guide (PWC-L000857-961) [Part 1 of 3], #4 Exhibit 2 - RBAP Highlights Guide (PWC-L000857-961) [Part 2 of 3], #5 Exhibit 2 - RBAP Highlights Guide (PWC-L000857-961) [Part 3 of 3], #6 Exhibit 3 - Letter from defense counsel to Plaintiffs' counsel, #7 Exhibit 5 - Pls. First Set of Discovery Requests to All Defendants, #8 Exhibit 6 - Defs. O+Rs to Ps' First Set of Discovery Requests to All Defendants [Part 1 of 3], #9 Exhibit 6 - Defs. O+Rs to Ps' First Set of Discovery Requests to All Defendants [Part 2 of 3], #10 Exhibit 6 - Defs. O+Rs to Ps' First Set of Discovery Requests to All Defendants [Part 3 of 3], #11 Exhibit 7 - Understanding IRS Guidance - A Brief Primer, #12 Exhibit 11 - 1996 Retirement Plans Guide (PWC-L000714-856) [Part 1 of 4], #13 Exhibit 11 - 1996 Retirement Plans Guide (PWC-L000714-856) [Part 2 of 4], #14 Exhibit 11 - 1996 Retirement Plans Guide (PWC-L000714-856) [Part 3 of 4], #15 Exhibit 11 - 1996 Retirement Plans Guide (PWC-L000714-856) [Part 4 of 4], #16 Exhibit 12 - 1999 Retirement Plans Guide (PWC-L001248-377) [Part 1 of 3], #17 Exhibit 12 - 1999 Retirement Plans Guide (PWC-L001248-377) [Part 2 of 3], #18 Exhibit 12 - 1999 Retirement Plans Guide (PWC-L001248-377) [Part 3 of 3])(Gottesdiener, Eli)
December 15, 2016 Opinion or Order Filing 220 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #221 Declaration) - NOTICE of Exhibits 2, 6, 11, 12 to 12/14/16 Declaration of Eli Gottesdiener (Dkt. 219) re: #217 Memorandum of Law in Support of Motion, #218 Rule 56.1 Statement, #219 Declaration in Support of Motion,, #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment.. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 2 - RBAP Highlights Guide (PWC-L000857-961) [Part 2 of 3], #2 Exhibit 2 - RBAP Highlights Guide (PWC-L000857-961) [Part 3 of 3], #3 Exhibit 6 - Defs. O+Rs to Ps' First Set of Discovery Requests to All Defendants [Part 1 of 3], #4 Exhibit 6 - Defs. O+Rs to Ps' First Set of Discovery Requests to All Defendants [Part 2 of 3], #5 Exhibit 6 - Defs. O+Rs to Ps' First Set of Discovery Requests to All Defendants [Part 3 of 3], #6 Exhibit 11 - 1996 Retirement Plans Guide (PWC-L000714-856) [Part 1 of 4], #7 Exhibit 11 - 1996 Retirement Plans Guide (PWC-L000714-856) [Part 2 of 4], #8 Exhibit 11 - 1996 Retirement Plans Guide (PWC-L000714-856) [Part 3 of 4], #9 Exhibit 11 - 1996 Retirement Plans Guide (PWC-L000714-856) [Part 4 of 4], #10 Exhibit 12 - 1999 Retirement Plans Guide (PWC-L001248-377) [Part 1 of 3], #11 Exhibit 12 - 1999 Retirement Plans Guide (PWC-L001248-377) [Part 2 of 3], #12 Exhibit 12 - 1999 Retirement Plans Guide (PWC-L001248-377) [Part 3 of 3])(Gottesdiener, Eli) Modified on 12/19/2016 (db).
December 14, 2016 Opinion or Order Filing 219 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #221 Declaration) - DECLARATION of Eli Gottesdiener in Support re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment.. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1 - Technical Advice Memorandum (2014-E-PWC-L005037-45), #2 Exhibit 3 - Letter from defense counsel to Plaintiffs' counsel, #3 Exhibit 5 - Pls. First Set of Discovery Requests to All Defendants, #4 Exhibit 7 - Understanding IRS Guidance - A Brief Primer, #5 Exhibit Index of Exhibits)(Gottesdiener, Eli) Modified on 12/19/2016 (db).
December 14, 2016 Opinion or Order Filing 218 RULE 56.1 STATEMENT. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
December 14, 2016 Opinion or Order Filing 217 MEMORANDUM OF LAW in Support re: #216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment. . Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
December 14, 2016 Opinion or Order Filing 216 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Summary Judgment. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Text of Proposed Order Proposed Order and Final Judgment)(Gottesdiener, Eli)
October 14, 2016 Opinion or Order Filing 215 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated October 14, 2016 re: oral argument request. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Thomasch, Daniel)
October 14, 2016 Opinion or Order Filing 214 DECLARATION of DANIEL J. THOMASCH in Support re: #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A)(Thomasch, Daniel)
October 14, 2016 Opinion or Order Filing 213 REPLY MEMORANDUM OF LAW in Support re: #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice. . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Thomasch, Daniel)
October 3, 2016 Opinion or Order Filing 212 RESPONSE in Opposition to Motion re: #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice. . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: #1 Exhibit 1 - 5/28/14 TAM (2014-E-PWC-L005037-45))(Gottesdiener, Eli)
September 16, 2016 Opinion or Order Filing 211 MEMORANDUM OF LAW in Support re: #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice. . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Thomasch, Daniel)
September 16, 2016 Opinion or Order Filing 210 DECLARATION of Daniel J. Thomasch in Support re: #209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A - second amended class action complaint, #2 Exhibit B - answer to second amended class action complaint, #3 Exhibit C (part 1) - retirement benefit accumulation plan, #4 Exhibit C (part 2) - retirement benefit accumulation plan, #5 Exhibit C (part 3) - retirement benefit accumulation plan, #6 Exhibit C (part 4) - retirement benefit accumulation plan, #7 Exhibit C (part 5) - retirement benefit accumulation plan, #8 Exhibit C (part 6) - retirement benefit accumulation plan, #9 Exhibit C (part 7) - retirement benefit accumulation plan, #10 Exhibit C (part 8) - retirement benefit accumulation plan, #11 Exhibit D - class certification brief, #12 Exhibit E - transcript)(Thomasch, Daniel)
September 16, 2016 Opinion or Order Filing 209 MOTION for Judgment on the Pleadings dismissing the Plaintiffs' Second Amended Complaint with prejudice. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Thomasch, Daniel)
May 18, 2016 Opinion or Order Filing 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/6/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 18, 2016 Opinion or Order Filing 207 TRANSCRIPT of Proceedings re: Conference held on 1/6/2011 before Judge George B. Daniels. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2016. Redacted Transcript Deadline set for 6/23/2016. Release of Transcript Restriction set for 8/19/2016.(McGuirk, Kelly)
March 1, 2016 Opinion or Order Filing 206 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated 03/01/2016 re: response to Plaintiffs' Discovery Letter-Motion dated 02/16/2016. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: #1 Exhibit A - IRS Manual Provisions)(Thomasch, Daniel)
February 24, 2016 Opinion or Order Filing 205 NOTICE OF WITHDRAWAL OF COUNSEL: TO THE CLERK OF THIS COURT AND ALL PARTIES OF RECORD: Pursuant to Local Civil Rule 1.4, please withdraw the appearance of Robert J. Kopecky, Lauren O. Casazza and Douglas G. Smith from Kirkland & Ellis LLP as counsel of record for Defendants. SO ORDERED. Attorney Douglas G. Smith; Lauren Oland Casazza and Robert J. Kopecky terminated. (Signed by Judge J. Paul Oetken on 2/24/2016) (ama)
February 19, 2016 Opinion or Order Filing 204 MANDATE of USCA (Certified Copy) USCA Case Number 14-1179. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/19/2016. (nd)
February 17, 2016 Opinion or Order Filing 203 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/3/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 17, 2016 Opinion or Order Filing 202 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/3/2016 before Judge J. Paul Oetken. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/20/2016.(McGuirk, Kelly)
February 3, 2016 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Interim Pretrial Conference held on 2/3/2016, Motion(s) terminated as moot: #193 LETTER MOTION for Discovery Striking Plaintiffs Proposed Discovery Order addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated 11/5/15. filed by The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, PricewaterhouseCoopers LLP. The defendants motion to strike is hereby denied as moot. The Plaintiff is granted leave to file the motion to compel by 2/16/16, the defendants response is due 3/1/16, the reply, if any, is due 3/8/16. The Court orders, as stated on the record, that the defendant to produce the discovery requested by plaintiff by 2/19/16. The parties' requests to file the letters dated November 2, November 5, December 15, and December 18, and all accompanying supportive documentation, under seal are granted. (See transcript for complete details.) (Court Reporter Raquel Robles) (Skolnik, Brandon)
February 2, 2016 Opinion or Order Filing 201 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated February 2, 2016 re: Defendants' February 1, 2016 Letter. Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
February 1, 2016 Opinion or Order Filing 200 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated February 1, 2016 re: response to Plaintiffs' January 26, 2016 Letter. Document filed by PricewaterhouseCoopers LLP.(Thomasch, Daniel)
January 28, 2016 Opinion or Order Filing 199 ORDER: Counsel for the parties shall appear for a conference on February 3, 2016 at 2:30 PM in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The conference will address scheduling and all unresolved discovery disputes. (Status Conference set for 2/3/2016 at 02:30 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 1/28/2016) (kl)
January 26, 2016 Opinion or Order Filing 198 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated 1/26/2016 re: PwCs petition for certiorari denied by the Supreme Court. Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
December 18, 2015 Opinion or Order Filing 197 LETTER addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated December 18, 2015 re: response to Plaintiffs' Discovery Letter-Motion dated 12/15/15. Document filed by PricewaterhouseCoopers LLP.(Thomasch, Daniel)
December 7, 2015 Opinion or Order Filing 196 STIPULATED CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge J. Paul Oetken on 12/7/2015) (kko)
December 3, 2015 Opinion or Order Filing 195 NOTICE OF APPEARANCE by Amer Shahid Ahmed on behalf of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Ahmed, Amer)
December 3, 2015 Opinion or Order Filing 194 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Discovery Entry of Stipulated Confidentiality Order addressed to Judge J. Paul Oetken from Eli Gottesdiener and Daniel J. Thomasch dated 12/02/2015. Document filed by Timothy D. Laurent, PricewaterhouseCoopers LLP, Smeeta Sharon, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, Michael A. Weil. (Attachments: #1 Text of Proposed Order Proposed Stipulated Confidentiality Order)(Thomasch, Daniel) Modified on 12/9/2015 (ldi).
November 5, 2015 Opinion or Order Filing 193 LETTER MOTION for Discovery Striking Plaintiffs Proposed Discovery Order addressed to Judge J. Paul Oetken from Daniel J. Thomasch dated 11/5/15. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Thomasch, Daniel)
May 6, 2015 Opinion or Order Filing 192 MANDATE of USCA (Certified Copy) USCA Case Number 14-314. Petitioners move, pursuant to 28 U.S.C. 1292(b), for leave to appeal an interlocutory order of the district court, and for leave to file a reply in support of their petition.Upon due consideration, it is hereby ORDERED that motions are GRANTED. The Petitioners are directed to file a scheduling notification within 14 days of the date of entry of Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/06/2015. (nd)
November 10, 2014 Opinion or Order Filing 191 ORDER. An interlocutory appeal is currently pending before the Second Circuit in this case. The parties have submitted letters outlining their proposals for discovery during the pendency of that appeal. The Court has considered the parties' submissions and hereby orders that discovery shall proceed on the following schedule: Any motions to amend the pleadings or join other parties shall be filed no later than 30days after the mandate is issued by the Second Circuit in this case. As this court has already ruled twice before (see Dkt. Nos. 181, 173), fact discovery shall continue during the pendency of this appeal. Nonetheless, no party shall take depositions during that period without leave of the Court. Plaintiffs shall provide initial expert reports no later than 90 days after the issuance of theSecond Circuit's mandate. PwC shall serve its rebuttal expert reports no later than 45 days after Plaintiffs' initial reports. Plaintiffs shall file their reply expert reports no later than 30 days after PwC files its rebuttal reports. Each expert shall be made available for deposition no later than 20 days after the submission of his or her initial or rebuttal report. All discovery, including all supplements or corrections required under Federal Rule of Civil Procedure 26(e)(1), shall conclude by the date on which reply expert reports are due. Dispositive motions and Federal Rule of Evidence 702 motions shall be filed no later than 45 days after the date on which reply expert reports are due. Opposition briefs shall be filed no later than 30 days after the submission of dispositive motions. Reply briefs shall be filed no later than 21 days after the submission of opposition briefs. (Signed by Judge J. Paul Oetken on 11/10/2014) (rjm)
November 3, 2014 Opinion or Order Filing 190 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated November 3, 2014 re: proposed discovery plan. Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
November 3, 2014 Opinion or Order Filing 189 LETTER addressed to Judge J. Paul Oetken from Thomas J. Thomasch dated November 3, 2014 re: proposed discovery plan. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Table Summary of Proposals, # 2 Text of Proposed Order)(Thomasch, Daniel)
October 23, 2014 Opinion or Order Filing 188 NOTICE OF APPEARANCE by Albert Huang on behalf of Timothy D. Laurent, Smeeta Sharon. (Huang, Albert)
October 23, 2014 Opinion or Order Filing 187 NOTICE OF APPEARANCE by Steven Dana Cohen on behalf of Timothy D. Laurent, Smeeta Sharon. (Cohen, Steven)
October 7, 2014 Opinion or Order Filing 186 ORDER granting # 185 Letter Motion for Extension of Time to File.The Plaintiffs' requested extension is hereby granted in part. The parties shall submit a proposed discovery plan by November 3, 2014. If they are unable to agree on a proposed plan, the parties shall submit letters explaining their respective proposals by November 3, 2014. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
September 29, 2014 Opinion or Order Filing 185 LETTER MOTION for Extension of Time to File addressed to Judge J. Paul Oetken from Eli Gottesdiener dated September 29, 2014. Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
August 7, 2014 Opinion or Order Filing 184 ORDER: Defendant PricewaterhouseCoopers, LLP, is hereby ordered to produce the IRS Technical Advice Memorandum (TAM) and TAM-related materials, which Plaintiffs requested in their third set of discovery requests, by September 5, 2014. (Signed by Judge J. Paul Oetken on 8/7/2014) (lmb)
July 25, 2014 Opinion or Order Filing 183 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener dated July 25, 2014 re: Defendants' Compliance with the Court's July 10, 2014 Order. Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
July 10, 2014 Opinion or Order Filing 182 REPLY MEMORANDUM OF LAW in Support re: # 178 MOTION to Stay Proceedings Pending Disposition of Interlocutory Appeal . . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
July 10, 2014 Opinion or Order Filing 181 ORDER denying # 178 Motion to Stay. Accordingly, Defendants' motion for a stay pending disposition of the interlocutory appeal is DENIED. The Clerk of Court is directed to close the motion at Docket Number 178. (Signed by Judge J. Paul Oetken on 7/10/2014) (lmb)
July 9, 2014 Opinion or Order Filing 180 RESPONSE in Opposition to Motion re: # 178 MOTION to Stay Proceedings Pending Disposition of Interlocutory Appeal . . Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: # 1 Exhibit 1 - 07-07-14 Email, # 2 Exhibit 2 - 07-07-14 Email, # 3 Exhibit 3 - 07-08-14 Email)(Gottesdiener, Eli)
July 8, 2014 Opinion or Order Filing 179 MEMORANDUM OF LAW in Support re: # 178 MOTION to Stay Proceedings Pending Disposition of Interlocutory Appeal . . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
July 8, 2014 Opinion or Order Filing 178 MOTION to Stay Proceedings Pending Disposition of Interlocutory Appeal . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Casazza, Lauren)
July 7, 2014 Opinion or Order Filing 177 NOTICE OF APPEARANCE by Richard W. Mark on behalf of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Mark, Richard)
July 7, 2014 Opinion or Order Filing 176 NOTICE OF APPEARANCE by Daniel J. Thomasch on behalf of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Thomasch, Daniel)
June 26, 2014 Opinion or Order Filing 175 OPINION AND ORDER re: # 161 MOTION to Certify Class. MOTION to Appoint Counsel Plaintiffs' Notice of Motion for Class Certification and Appointment of Class Counsel filed by Smeeta Sharon, Timothy D. Laurent: For the foregoing reasons, Plaintiffs' motion to certify a class of those PWC employees who elected to take lump-sum distribution of their benefits under PWC's Retirement Benefit Accumulation Plan between March 23, 2000, and August 17, 2006, is certified. Mr. Gottesdiener is appointed class counsel. The Clerk of Court is hereby directed to close the motion pending at Docket Number 161. (Signed by Judge J. Paul Oetken on 6/26/2014) (tn)
May 7, 2014 Opinion or Order Appeal Record Sent to USCA (Electronic File). USCA Case Number 14-1179-cv, Certified Indexed record on Appeal Electronic Files for # 174 USCA Order granting 28 U.S.C. 1292(b) for leave an interlocutory order were transmitted to the U.S. Court of Appeals. (nd)
May 6, 2014 Opinion or Order USCA Appeal Fees received $ 505.00 receipt number 465401094208 on 05/05/2014 re: # 174 USCA Order Granting leave to appeal an interlocutory order. [USCA Case No. 14-1179-cv.] (nd)
April 22, 2014 Opinion or Order Filing 174 TRUE COPY ORDER of USCA USCA Case Number 14-314. Petitioners move, pursuant to 28 U.S.C. 1292(b), for leave to appeal an interlocutory order of the district court, and for leave to file a reply in support of their petition. Upon due consideration, it is hereby ORDERED that motions are GRANTED. The Petitioners are directed to file a scheduling notification within 14 days of the date of entry of this order pursuant to Second Circuit Local Rule 31.2. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/22/2014. (nd)
January 22, 2014 Opinion or Order Filing 173 OPINION AND ORDER: re: # 154 MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint. MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed by The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, PricewaterhouseCoopers LLP. For the foregoing reasons, this Court's Aug. 8, 2013 Order, denying PwC's motion to dismiss with respect to counts one, five, and six of Plaintiffs' Second Amended Complaint, is hereby certified for interlocutory review. The Clerk of the Court is directed to close the motion at docket number 154. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/22/2014) (ama)
January 15, 2014 Opinion or Order Filing 172 RESPONSE re: # 171 Notice (Other), Notice (Other) Defendants' Response to Plaintiffs' Submission of Supplemental Authority . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
January 6, 2014 Opinion or Order Filing 171 NOTICE of Supplemental Authority Supporting Plaintiffs' Motion for Class Certification re: # 161 MOTION to Certify Class. MOTION to Appoint Counsel Plaintiffs' Notice of Motion for Class Certification and Appointment of Class Counsel .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: # 1 Exhibit Ex. A - 8/3/07 Letter from PwC to J. Lawrence)(Gottesdiener, Eli)
December 2, 2013 Opinion or Order Filing 170 REPLY MEMORANDUM OF LAW in Support re: # 161 MOTION to Certify Class. MOTION to Appoint Counsel Plaintiffs' Notice of Motion for Class Certification and Appointment of Class Counsel .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
November 14, 2013 Opinion or Order Filing 169 DECLARATION of Lauren O. Casazza in Opposition re: # 161 MOTION to Certify Class. MOTION to Appoint Counsel Plaintiffs' Notice of Motion for Class Certification and Appointment of Class Counsel .. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit A (1 of 3), # 2 Exhibit A (2 of 3), # 3 Exhibit A (3 of 3), # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I)(Casazza, Lauren)
November 14, 2013 Opinion or Order Filing 168 RESPONSE to Motion re: # 161 MOTION to Certify Class. MOTION to Appoint Counsel Plaintiffs' Notice of Motion for Class Certification and Appointment of Class Counsel .. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
November 12, 2013 Opinion or Order Filing 167 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/24/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
November 12, 2013 Opinion or Order Filing 166 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/24/2013 before Judge J. Paul Oetken. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/13/2014.(Rodriguez, Somari)
October 25, 2013 Opinion or Order Filing 165 ORDER: Based upon careful consideration of the arguments raised by the parties in their joint letter (dkt. no. 157), and in the scheduling conference held on Thursday, October 24, 2013, the Court hereby orders the following schedule for the disposition of this case: Plaintiffs shall provide initial expert reports no later than 90 days after the Court's ruling on class certification; Rebuttal expert reports shall be submitted no later than 60 days after the opposing party has served its initial expert reports; Reply expert reports shall be submitted no later than 45 days after the opposing party has served its rebuttal expert reports; Each expert shall be made available for deposition no later than 30 days after the submission of his or her report; Fact discovery may continue throughout the duration of discovery; All discovery shall conclude no later than six months after the Court's ruling on class certification; Dispositive motions shall be filed no later than 45 days after the conclusion of all discovery; Opposition briefs shall be filed no later than 30 days after the submission of dispositive motions; and, Reply briefs shall be filed no later than 21 days after the submission of opposition briefs. (Signed by Judge J. Paul Oetken on 10/25/2013) (mro)
October 24, 2013 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Telephone Conference held on 10/24/2013. (see transcript) (Court Reporter Pamela Utter) (Skolnik, Brandon) Modified on 10/25/2013 (tro).
October 23, 2013 Opinion or Order NOTICE of Rescheduling Telephone Conference. The Telephone conference set for Thursday, Oct. 24th, 2013, is now set for 2:30pm, same day (Not 1pm as previously set). (Skolnik, Brandon)
October 22, 2013 Opinion or Order Filing 164 ORDER: The telephonic scheduling conference previously ordered for Friday, October 18, 2013 at 4:00 p.m. will be adjourned until Thursday, October 24, 2013 at 1:00 p.m. At that time, the parties shall jointly call Chambers. The conference will address the parties' letters with respect to discovery disputes and scheduling (Dkt. Nos. 157, 159). No additional briefing is required. SO ORDERED. ( Telephone Conference set for 10/24/2013 at 01:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 10/21/2013) (ama)
October 7, 2013 Opinion or Order Filing 163 DECLARATION of Eli Gottesdiener in Support re: # 161 MOTION to Certify Class. MOTION to Appoint Counsel Plaintiffs' Notice of Motion for Class Certification and Appointment of Class Counsel .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
October 7, 2013 Opinion or Order Filing 162 MEMORANDUM OF LAW in Support re: # 161 MOTION to Certify Class. MOTION to Appoint Counsel Plaintiffs' Notice of Motion for Class Certification and Appointment of Class Counsel .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
October 7, 2013 Opinion or Order Filing 161 MOTION to Certify Class., MOTION to Appoint Counsel Plaintiffs' Notice of Motion for Class Certification and Appointment of Class Counsel . Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
September 25, 2013 Opinion or Order Filing 160 ORDER: The parties are directed to appear before the Court for a telephonic conference on Friday, October 18, 2013 at 4:00 p.m. The parties shall jointly call Chambers. The conference will address the parties' letter with respect to discovery disputes and scheduling (Dkt. No. 157). SO ORDERED. ( Telephone Conference set for 10/18/2013 at 04:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 9/23/2013) (ama)
September 25, 2013 Opinion or Order Filing 159 ENDORSED LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener and Lauren O. Casazza dated 9/24/2013 re: Further to the parties' joint call with the Court's law clerk regarding scheduling, the parties propose that briefing on Plaintiffs' motion for class certification proceed as follows: Plaintiffs shall file their motion on October 7, 2013. Defendants shall respond on November 7, 2013. Plaintiffs shall reply on December 2, 2013.ENDORSEMENT: SO ORDERED., ( Motions due by 10/7/2013., Responses due by 11/7/2013, Replies due by 12/2/2013.) (Signed by Judge J. Paul Oetken on 9/23/2013) (ama)
September 23, 2013 Opinion or Order Filing 158 REPLY MEMORANDUM OF LAW in Support re: # 154 MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint. MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
September 20, 2013 Opinion or Order Filing 157 LETTER addressed to Judge J. Paul Oetken from Eli Gottesdiener and Lauren O. Casazza dated 9/13/2013 re: Pursuant to the Court's Orders of August 8, 2013, see Doc. 150 at 2 n.1; Doc. 151 at 1, the parties have met and conferred, and submit this update on the status of the case, outline of remaining discovery and other issues, and proposed schedules for the prompt resolution of the remainder of this case. (ama)
September 16, 2013 Opinion or Order Filing 156 MEMORANDUM OF LAW in Opposition re: # 154 MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint. MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
August 29, 2013 Opinion or Order Filing 155 MEMORANDUM OF LAW in Support re: # 154 MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint. MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
August 29, 2013 Opinion or Order Filing 154 MOTION for Certification, Pursuant to 28 U.S.C. 1292(b), of the Court's Order Denying Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Casazza, Lauren)
August 29, 2013 Opinion or Order Filing 153 ANSWER to # 133 Amended Complaint,. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Casazza, Lauren)
August 20, 2013 Opinion or Order Filing 152 ENDORSED LETTER addressed to Judge J. Paul Oetken from Robert J. Kopecky dated 8/19/2013 re: Counsel for Defendants request a one-week extension of time to file their Answer to plaintiffs' Second Amended Complaint, currently due August 22, 2013 to August 29, and to extend the September 6 deadline for the parties to submit a joint status update by one week. ENDORSEMENT: SO ORDERED. PricewaterhouseCoopers LLP answer due 8/29/2013; The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP answer due 8/29/2013; The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP answer due 8/29/2013. (Signed by Judge J. Paul Oetken on 8/19/2013) (tn)
August 8, 2013 Opinion or Order Filing 151 ORDER: The order of reference to Magistrate Judge Fox for general pre-trial purposes is hereby withdrawn. The parties are directed to meet and confer, and to submit a joint status update to the Court by September 6, 2013 in which they outline all remaining discovery issues, if any, identify any other outstanding issues, and propose a schedule for prompt resolution of this case. (Signed by Judge J. Paul Oetken on 8/08/2013) (ama)
August 8, 2013 Opinion or Order Filing 150 OPINION AND ORDER: re: # 137 MOTION to Dismiss Second Amended Class Action Complaint filed by The Administrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, PricewaterhouseCoopers LLP. For the foregoing reasons, Defendants motion to dismiss is DENIED.The Clerk of Court is directed to terminate the motion entry at Dkt. No. 137.SO ORDERED.(Signed by Judge J. Paul Oetken on 8/08/2013) (ama)
August 1, 2013 Opinion or Order Filing 149 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a PHONE CONFERENCE proceeding held on 7/19/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 1, 2013 Opinion or Order Filing 148 TRANSCRIPT of Proceedings re: PHONE CONFERENCE held on 7/19/2013 before Judge J. Paul Oetken. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013.(McGuirk, Kelly)
July 19, 2013 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Telephone Conference held on 7/19/2013. ( See transcript for details.) (Court Reporter Pamela Utter) (Skolnik, Brandon)
July 15, 2013 Opinion or Order Filing 147 ORDER: The Court will hold oral argument via phone conference in this case on July 19, 2013 at 5:00 pm. This argument will be limited to Plaintiffs' fifth cause of action. The parties are to assume that the Court has concluded that I.R.S. Notice 2007-69 applies retroactively and merits a form of deference, an to address the following questions: set forth in this order.( Oral Argument set for 7/19/2013 at 05:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 7/15/2013) (js) Modified on 7/15/2013 (js).
April 5, 2013 Opinion or Order Filing 146 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/14/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
April 5, 2013 Opinion or Order Filing 145 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/14/2013 before Judge J. Paul Oetken. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/11/2013.(Rodriguez, Somari)
March 14, 2013 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Telephone Conference held on 3/14/2013.(Se transcript) (Court Reporter Sonia Huggins) (Skolnik, Brandon)
March 12, 2013 Opinion or Order Please be advised that Judge Oetken's Courtroom and Chambers have been moved to the Thurgood Marshall United States Courthouse located at 40 Foley Square, New York, New York 10007. Effective immediately, all proceedings before the Court will take place in Courtroom 706. Judge Oetken's Chambers are located in Room 2101, 40 Foley Square. The Court's Individual Practices remain available at http://www.nysd.uscourts.gov/judge/Oetken. (Skolnik, Brandon)
March 11, 2013 Opinion or Order Filing 144 ORDER: The Court will hold a phone conference in this case on March 14,2013 at 3:00pm. The parties shall be prepared to address, among other things, the effect, if any, of a decision denying the motion to dismiss Count One on the motion to dismiss Counts Five and Six. SO ORDERED.( Telephone Conference set for 3/14/2013 at 03:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 3/08/2013) (ama)
March 11, 2013 Opinion or Order Please be advised that Judge Oetken's Courtroom and Chambers have been moved to the Thurgood Marshall United States Courthouse located at 40 Foley Square, New York, New York 10007. Effective immediately, all proceedings before the Court will take place in Courtroom 706. Judge Oetken's Chambers are located in Room 2101, 40 Foley Square. The Court's Individual Practices remain available at http://www.nysd.uscourts.gov/judge/Oetken. (Skolnik, Brandon)
January 28, 2013 Opinion or Order Filing 143 ORDER denying # 134 Motion. The instant motion does not comply with the above-referenced Rule in that neither a notice of motion nor any supporting affidavit(s) was filed with the court. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/28/2013) (cd)
November 9, 2012 Opinion or Order Filing 142 REPLY MEMORANDUM OF LAW in Support re: # 137 MOTION to Dismiss Second Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
November 9, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Lauren Oland Casazza to RE-FILE Document # 141 Reply Memorandum of Law in Support of Motion. ERROR(S): No signature or s/. (db)
November 8, 2012 Opinion or Order Filing 141 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: # 137 MOTION to Dismiss Second Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren) Modified on 11/9/2012 (db).
October 18, 2012 Opinion or Order Filing 140 MEMORANDUM OF LAW in Opposition re: # 137 MOTION to Dismiss Second Amended Class Action Complaint .. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: # 1 Exhibit Ex. 1 - ERISA Lit. Rep. Article re 5 Years of Service NRA)(Gottesdiener, Eli)
September 21, 2012 Opinion or Order Filing 139 DECLARATION of Lauren O. Casazza in Support re: # 137 MOTION to Dismiss Second Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit A (1 of 3), # 2 Exhibit A (2 of 3), # 3 Exhibit A (3 of 3), # 4 Exhibit B-C)(Casazza, Lauren)
September 21, 2012 Opinion or Order Filing 138 MEMORANDUM OF LAW in Support re: # 137 MOTION to Dismiss Second Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
September 21, 2012 Opinion or Order Filing 137 MOTION to Dismiss Second Amended Class Action Complaint . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Casazza, Lauren)
August 30, 2012 Opinion or Order Filing 136 REPLY MEMORANDUM OF LAW in Support re: # 134 MOTION for Order Requiring Defendants to Establish Good Cause Before Filing Successive Motion to Dismiss Count One.. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
August 30, 2012 Opinion or Order Filing 135 RESPONSE to Motion re: # 134 MOTION for Order Requiring Defendants to Establish Good Cause Before Filing Successive Motion to Dismiss Count One.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
August 28, 2012 Opinion or Order Filing 134 MOTION for Order Requiring Defendants to Establish Good Cause Before Filing Successive Motion to Dismiss Count One. Document filed by Timothy D. Laurent, Smeeta Sharon.(Gottesdiener, Eli)
August 27, 2012 Opinion or Order Set/Reset Deadlines: Motions due by 9/21/2012. Responses due by 10/18/2012. Replies due by 11/8/2012. (lmb)
August 27, 2012 Opinion or Order Filing 132 MEMO ENDORSEMENT granting # 131 Motion for Extension of Time: Application granted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/24/2012) (lmb)
August 23, 2012 Opinion or Order Filing 131 MOTION for Extension of Time to Respond to Second Amended Complaint . Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Casazza, Lauren)
August 22, 2012 Opinion or Order Filing 133 SECOND AMENDED COMPLAINT amending # 21 Amended Complaint, against PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.Document filed by Timothy D. Laurent, Smeeta Sharon. Related document: # 21 Amended Complaint, filed by Timothy D. Laurent. (Attachments: # 1 Exhibit)(djc)
August 15, 2012 Opinion or Order Filing 130 MEMORANDUM AND ORDER granting # 126 Motion for Leave to File Document. For the reasons set forth above, the plaintiffs' motion to amend its first- amended complaint, Docket Entry No. 126, is granted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/15/2012) (lmb)
May 21, 2012 Opinion or Order Filing 129 REPLY to Response to Motion re: # 126 MOTION for Leave to File Second Amended Complaint.. Document filed by Timothy D. Laurent, Smeeta Sharon. (Gottesdiener, Eli)
May 14, 2012 Opinion or Order Filing 128 DECLARATION of Lauren O. Casazza in Opposition re: # 126 MOTION for Leave to File Second Amended Complaint.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit A-H)(Casazza, Lauren)
May 14, 2012 Opinion or Order Filing 127 MEMORANDUM OF LAW in Opposition re: # 126 MOTION for Leave to File Second Amended Complaint.. Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
April 30, 2012 Opinion or Order Filing 126 MOTION for Leave to File Second Amended Complaint. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Gottesdiener, Eli)
April 30, 2012 Opinion or Order Filing 125 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 4/9/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
April 30, 2012 Opinion or Order Filing 124 TRANSCRIPT of Proceedings re: proceedings held on 4/9/2012 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/24/2012. Redacted Transcript Deadline set for 6/4/2012. Release of Transcript Restriction set for 8/2/2012.(tro)
April 30, 2012 Opinion or Order Filing 123 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 2/15/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
April 30, 2012 Opinion or Order Filing 122 TRANSCRIPT of Proceedings re: proceedings held on 2/15/2012 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/24/2012. Redacted Transcript Deadline set for 6/4/2012. Release of Transcript Restriction set for 8/2/2012.(tro)
April 21, 2012 Opinion or Order Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 4/9/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq)
April 21, 2012 Opinion or Order Filing 120 TRANSCRIPT of Proceedings re: telephone conference held on 4/9/2012 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2012. Redacted Transcript Deadline set for 5/25/2012. Release of Transcript Restriction set for 7/23/2012.(laq)
April 21, 2012 Opinion or Order Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 2/15/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq)
April 21, 2012 Opinion or Order Filing 118 TRANSCRIPT of Proceedings re: telephone conference held on 2/15/2012 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2012. Redacted Transcript Deadline set for 5/25/2012. Release of Transcript Restriction set for 7/23/2012.(laq)
April 9, 2012 Opinion or Order Filing 117 ORDER: Motions due by 4/30/2012. Responses due by 5/14/2012. Replies due by 5/21/2012. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/9/2012) (ft)
April 9, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 4/9/2012. Telephonic conference held to discuss discovery disputes: As a result of the discussed held during the conference: (1) defendant may obtain Joel Steir's trading history from June 24, 2010-April 30, 2011; (2) plaintiff's shall disclose e-mail messages from June 10, 2010-July 2, 2010; and (3) defendant may re-open the depositions of Edgar Sabounghi and Peter Sherk, for not more than 2 hours, solely to explore the Sherk June 23, 2010 e-mail message. Consistent with the discussion during the conference, if necessary, the defendant may seek to re-open the depositions of Clark Hutchison and David Lamb to explore the Sherk June 23, 2010 e-mail message. (jfe)
April 9, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 4/9/2012. (jfe)
March 26, 2012 Opinion or Order Filing 116 ORDER: IT IS HEREBY ORDERED that a telephonic conference shall be held in the above-captioned action on April 9, 2012 at 1:30 p.m. The telephonic conference shall be initiated by counsel to the plaintiff to (212) 805-6705. ( Telephone Conference set for 4/9/2012 at 01:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/23/2012) (mro)
February 15, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 2/15/2012. (mro)
February 10, 2012 Opinion or Order Filing 115 ORDER: IT IS HEREBY ORDERED that a telephonic conference shall be held in the above-captioned action on February 15, 2012 at 3:00 p.m. The telephonic conference shall be initiated by counsel to the plaintiff to (212) 805-6705. ( Telephone Conference set for 2/15/2012 at 03:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/10/2012) (lmb)
January 25, 2012 Opinion or Order Filing 114 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Kevin Nathaniel Fox, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Theodore H. Katz no longer referred to the case. (pgu)
January 12, 2012 Opinion or Order Filing 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/30/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 12, 2012 Opinion or Order Filing 112 TRANSCRIPT of Proceedings re: Conference held on 11/30/2011 before Judge J. Paul Oetken. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/16/2012.(McGuirk, Kelly)
December 7, 2011 Opinion or Order Filing 111 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge J. Paul Oetken on 12/6/2011) (lmb)
November 30, 2011 Opinion or Order Minute Entry for proceedings held before Judge J. Paul Oetken: Status Conference held on 11/30/2011. Next PTC set Sine Die. (See Transcript) (ft)
November 22, 2011 Opinion or Order Filing 110 ORDER: The status conference previously scheduled for November 30, 2011, is hereby adjourned to the same day, November 30, 2011, at 2:45 PM at the United States Court House, 500 Pearl Street, New York, New York, in Courtroom 15D. ( Status Conference set for 11/30/2011 at 02:45 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 11/21/2011) (mro)
October 25, 2011 Opinion or Order Filing 109 ORDER: that the parties shall submit a joint letter to the Court updating the Court on the status of the case no later than 11/17/2011. The status letter should address the subjects as further set forth in this Order. Unless notified otherwise by the Court, the parties should presume that any Scheduling Order or Case Management Plan remains in effect notwithstanding the case's transfer. (Signed by Judge J. Paul Oetken on 10/24/2011) (tro) Modified on 10/26/2011 (tro).
October 13, 2011 Opinion or Order Filing 108 NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge George B. Daniels is no longer assigned to the case. (sjo)
September 26, 2011 Opinion or Order Filing 107 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/6/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 26, 2011 Opinion or Order Filing 106 TRANSCRIPT of Proceedings re: Conference held on 9/6/2011 before Judge George B. Daniels. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2011. Redacted Transcript Deadline set for 10/31/2011. Release of Transcript Restriction set for 12/29/2011.(McGuirk, Kelly)
September 15, 2011 Opinion or Order Filing 105 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/6/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 15, 2011 Opinion or Order Filing 104 TRANSCRIPT of Proceedings re: Conference held on 9/6/2011 before Judge George B. Daniels. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011.(McGuirk, Kelly)
September 6, 2011 Opinion or Order Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 9/6/2011. (Status Conference set for 11/30/2011 at 09:30 AM before Judge George B. Daniels.) (ft)
August 19, 2011 Opinion or Order Filing 103 ENDORSED LETTER addressed to Judge George B. Daniels from Robert J. Kopecky dated 8/19/11 re: Counsel for the PricewaterhouseCoopers LLP requests that the Court reschedule the status conference currently scheduled for 9/1/11. ENDORSEMENT: The conference is scheduled for September 6, 2011 at 9:30 a.m. So ordered. ( Status Conference set for 9/6/2011 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/19/2011) (mro) Modified on 8/22/2011 (mro).
August 15, 2011 Opinion or Order Filing 102 MEMORANDUM ORDER AND DECISION: Defendants' motion for summary judgment is DENIED. (Signed by Judge George B. Daniels on 8/15/2011) (mro)
August 15, 2011 Opinion or Order Filing 101 ORDER: The parties are directed to attend a conference on September 1, 2011, at 9:30 a.m. ( Status Conference set for 9/1/2011 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/15/2011) (mro)
February 28, 2011 Opinion or Order Filing 100 TRANSCRIPT of proceedings held on 2/15/11 before Judge George B. Daniels. (ama)
February 15, 2011 Opinion or Order Minute Entry for proceedings held before Judge George B. Daniels. Oral Argument began and concluded on 2/15/2011. Plaintiff Counsel and Defense Counsel present. Court report was present. (lnl)
February 4, 2011 Opinion or Order Set Deadlines/Hearings: Oral Argument set for 2/15/2011 at 11:00 AM before Judge George B. Daniels. (rjm)
February 4, 2011 Opinion or Order Filing 99 ENDORSED LETTER addressed to Judge George B. Daniels from Robert J. Kopecky dated 2/3/2011 re: I am writing to request that the Court reschedule argument on defendants' motion for summary judgment, originally scheduled for today. ENDORSEMENT: So ordered. The conference is adjourned to February 15, 2011 at 11:00 a.m. (Signed by Judge George B. Daniels on 2/4/2011) (rjm) Modified on 2/14/2011 (rjm).
January 14, 2011 Opinion or Order Filing 98 RESPONSE re: # 97 Notice (Other), Notice (Other). Document filed by PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
January 6, 2011 Opinion or Order Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 1/6/2011, ( Oral Argument set for 2/3/2011 at 10:30 AM before Judge George B. Daniels.). Plaintiff Counsel and Defense Counsel present. Court Reporter was also present. (mbe)
January 6, 2011 Opinion or Order Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 1/6/2011, ( Oral Argument set for 2/3/2011 at 10:30 AM before Judge George B. Daniels.). Plaintiff Counsel and Defense Counsel present. Court Reporter also was present. (mbe)
January 3, 2011 Opinion or Order Filing 97 NOTICE of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Summary Judgment Motion. Document filed by Timothy D. Laurent, Smeeta Sharon. (Attachments: # 1 Exhibit Ruppert II projection rate ruling (W.D. Wis. Dec. 29, 2010_)(Gottesdiener, Eli)
December 22, 2010 Opinion or Order Filing 96 MEMORANDUM DECISION AND ORDER: Defendants' request for reconsideration is DENIED. All parties are hereby directed to attend a conference on Thursday, January 6, 2011, at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 21D. (Status Conference set for 1/6/2011 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/22/10) (db)
July 20, 2010 Opinion or Order Filing 95 RESPONSE re: # 94 Notice (Other), Notice (Other) Defendants' Response to Plaintiffs' Submission to Supplemental Authority . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
July 1, 2010 Opinion or Order Filing 94 NOTICE of of Supplemental Authority in Opposition to PwC's Motion for Summary Judgment. Document filed by Smeeta Sharon, Timothy D. Laurent. (Attachments: # 1 Exhibit Ruppert v. Alliant Energy Cash Balance Pension Plan (W.D. Wis. June 3, 2010))(Gottesdiener, Eli)
May 11, 2010 Opinion or Order Filing 93 REPLY MEMORANDUM OF LAW re: # 91 Response, Plaintiffs' Reply Regarding the Significance of the IRS-Avis Documents . Document filed by Smeeta Sharon, Timothy D. Laurent. (Gottesdiener, Eli)
May 6, 2010 Opinion or Order Filing 92 RESPONSE re: # 90 Notice (Other), Notice (Other) - Plaintiffs' Response to Defendants' Submission of Conkright . Document filed by Smeeta Sharon, Timothy D. Laurent. (Gottesdiener, Eli)
April 29, 2010 Opinion or Order Filing 91 RESPONSE re: # 89 Notice (Other), Notice (Other), Notice (Other) Defendants' Response to Plaintiffs' Notice of Supplemental Authority . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
April 29, 2010 Opinion or Order Filing 90 NOTICE of of Supplemental Authority in Support of Motion for Summary Judgment. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
April 22, 2010 Opinion or Order Filing 89 NOTICE of Supplemental Authority in Opposition to PwC's Motion for Summary Judgment. Document filed by Smeeta Sharon, Timothy D. Laurent. (Attachments: # 1 Affidavit Declaration of Eli Gottesdiener, # 2 Index of Exhibits to Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14)(Gottesdiener, Eli)
November 18, 2009 Opinion or Order Filing 88 RESPONSE re: # 87 Notice (Other), Notice (Other) Defendants' Response to Plaintiffs' Notice of Supplemental Authority . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
November 9, 2009 Opinion or Order Filing 87 NOTICE of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1, # 2 Affidavit)(Gottesdiener, Eli)
August 19, 2009 Opinion or Order Filing 86 NOTICE of Reply to Defense Response to Plaintiffs' Supplemental Authority (Fry v. Exelon) in Opposition to Defendants' Motion for Summary Judgment. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Gottesdiener, Eli)
August 14, 2009 Opinion or Order Filing 85 RESPONSE re: # 84 Notice (Other) Defendants' Response to Plaintiffs' Submission of Supplemental Authority . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
August 3, 2009 Opinion or Order Filing 84 NOTICE of of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1)(Gottesdiener, Eli)
May 11, 2009 Opinion or Order Filing 83 MEMO ENDORSEMENT, on Notice of Withdrawal of Counsel that Mark W. Rasmussen will no longer be associated with Kirkland & Ellis LLP and should be removed from the service list for defendants: So ordered. (Signed by Judge George B. Daniels on 5/11/09) (cd)
April 3, 2009 Opinion or Order Filing 82 MEMO ENDORSEMENT on re: # 80 MOTION for Mark W. Rasmussen to Withdraw as Attorney filed by The Administrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, PricewaterhouseCoopers LLP. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 4/30/2009) (tve) Modified on 6/11/2009 (tve).
March 27, 2009 Opinion or Order Filing 81 ORDER: Plaintiffs moved, pursuant to F.R.C.P. 56(f), for an order refusing defendants' application for summary judgment on the grounds that plaintiffs lack the discovery necessary to oppose the motion. Accordingly, plaintiffs' motion, pursuant to F.R.C.P. 56(f), is denied. (Signed by Judge George B. Daniels on 3/27/2009) (jpo) Modified on 4/17/2009 (jpo).
January 30, 2009 Opinion or Order Filing 80 MOTION for Mark W. Rasmussen to Withdraw as Attorney. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Casazza, Lauren)
September 11, 2008 Opinion or Order Filing 79 REPLY MEMORANDUM OF LAW in Support re: # 72 MOTION Relief Pursuant to Fed. R. Civ. P. 56(f) re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment ... Document filed by Smeeta Sharon, Timothy D. Laurent. (Gottesdiener, Eli)
August 29, 2008 Opinion or Order Filing 78 MEMORANDUM OF LAW in Opposition re: # 72 MOTION Relief Pursuant to Fed. R. Civ. P. 56(f) re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment .. Defendants' Memorandum In Opposition to Plaintiffs' Rule 56(f) Motion . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Casazza, Lauren)
August 29, 2008 Opinion or Order Filing 77 RESPONSE re: # 71 Rule 56.1 Statement Defendants' Response to Plaintiffs' Rule 56.1 Statement of Additional Material Facts . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit 1)(Casazza, Lauren)
August 29, 2008 Opinion or Order Filing 76 REPLY MEMORANDUM OF LAW in Support re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
August 26, 2008 Opinion or Order Filing 75 ENDORSED LETTER addressed to Judge George B. Daniels from Eli Gottesdiener and Lauren O. Casazza dated 8/21/08 re: Defendant requests an additional week until 8/29/08 to reply to plaintiffs' opposition to the motion for summary judgment; and to respond to plaintiffs' Rule 56(f) motion. Plaintiff also wishes to withdraw their motion to deem certain allegations of the complaint admitted. ENDORSEMENT: SO ORDERED. Set Deadlines/Hearing as to # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment . # 72 MOTION Relief Pursuant to Fed. R. Civ. P. 56(f) re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment : (Replies due by 8/29/2008. Responses due by 8/29/2008) (Signed by Judge George B. Daniels on 8/26/08) (db)
August 11, 2008 Opinion or Order Filing 74 AMENDED MEMORANDUM OF LAW in Opposition re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment .. Document filed by Smeeta Sharon, Timothy D. Laurent. (Gottesdiener, Eli)
August 8, 2008 Opinion or Order Filing 73 DECLARATION of Eli Gottesdiener in Support re: # 72 MOTION Relief Pursuant to Fed. R. Civ. P. 56(f) re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment ... Document filed by Smeeta Sharon, Timothy D. Laurent. (Gottesdiener, Eli)
August 8, 2008 Opinion or Order Filing 72 MOTION Relief Pursuant to Fed. R. Civ. P. 56(f) re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment .. Document filed by Smeeta Sharon, Timothy D. Laurent.(Gottesdiener, Eli)
August 8, 2008 Opinion or Order Filing 71 RULE 56.1 STATEMENT. Document filed by Smeeta Sharon, Timothy D. Laurent. (Gottesdiener, Eli)
August 8, 2008 Opinion or Order Filing 70 MEMORANDUM OF LAW in Opposition re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment .. Document filed by Smeeta Sharon, Timothy D. Laurent. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gottesdiener, Eli)
August 8, 2008 Opinion or Order Filing 69 RESPONSE to Motion re: # 61 MOTION to Deem Certain Complaint Allegations Admitted re: # 21 Amended Complaint,. MOTION to Deem Certain Complaint Allegations Admitted re: # 21 Amended Complaint,. Defendants' Memorandum In Response to Plaintiffs' Motion to Deem Certain Allegations in the Complaint Admitted . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
June 23, 2008 Opinion or Order Filing 68 ENDORSED LETTER addressed to Judge George B. Daniels from Eli Gottesdiener and Lauren O. Casazza dated 6/17/2008 re: All parties to this case, through their undersigned counsel, jointly write to this Court to request a stay on the briefing of all pending motions while the parties pursue a potential settlement of the case. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 6/20/2008) (tve)
June 5, 2008 Opinion or Order Filing 67 RULE 56.1 STATEMENT. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
June 5, 2008 Opinion or Order Filing 66 DECLARATION of William F. Sharpe in Support re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
June 5, 2008 Opinion or Order Filing 65 MEMORANDUM OF LAW in Support re: # 61 MOTION to Deem Certain Complaint Allegations Admitted re: # 21 Amended Complaint,. MOTION to Deem Certain Complaint Allegations Admitted re: # 21 Amended Complaint,.. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Gottesdiener, Eli)
June 5, 2008 Opinion or Order Filing 64 DECLARATION of Lauren O. Casazza in Support re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit Ex A (1 of 3), # 2 Exhibit Exhibit A (2 of 3), # 3 Exhibit Ex A (3 of 3), # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Casazza, Lauren)
June 5, 2008 Opinion or Order Filing 63 MEMORANDUM OF LAW in Support re: # 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
June 5, 2008 Opinion or Order Filing 62 MOTION for Summary Judgment Notice of Motion for Summary Judgment . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Casazza, Lauren)
June 5, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Eli Gottesdiener to RE-FILE Document # 61 MOTION to Deem Certain Complaint Allegations Admitted re: # 21 Amended Complaint. MOTION to Deem Certain Complaint Allegations Admitted re: # 21 Amended Complaint. ERROR(S): Supporting documents must be filed individually. Event code for Memorandum of Law in Support found under Replies, Oppositions, Supporting Documents. (jar)
June 4, 2008 Opinion or Order Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Deem Certain Complaint Allegations Admitted re: # 21 Amended Complaint,. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Memorandum of Law in Support)(Gottesdiener, Eli) Modified on 6/5/2008 (jar).
April 23, 2008 Opinion or Order Filing 60 MANDATE of USCA (Certified Copy) USCA Case Number 07-3767-mv. Petitioners, through counsel, move, pursuant to 28 U.S.C. 1292(b), for leave to take an interlocutory appeal of an order of the district court. Upon due consideration, it is hereby ORDERED that the petition is DENIED because an immediate appeal is unwarranted. See Klinghoffer v. S.N.C. Achille Lauro, 921 F.2d 21, 23-25 (2d Cir. 1990) Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 2/13/2008. (nd)
August 23, 2007 Opinion or Order Filing 59 ANSWER to Amended Complaint. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. Related document: # 21 Amended Complaint, filed by Timothy D. Laurent.(Casazza, Lauren)
August 17, 2007 Opinion or Order Filing 58 MEMORANDUM DECISION AND ORDER; denying # 40 Motion for Reconsideration. The application seeking certification for interlocutory review is granted as to all portions of Judge Mukasey's September 5th Order. (Signed by Judge George B. Daniels on 8/16/07) (djc)
July 9, 2007 Opinion or Order Filing 57 ORDER granting # 54 Motion to Withdraw as Attorney. Attorney Jason Whitt Callen terminated. (Signed by Judge George B. Daniels on 7/9/07) (kco)
May 25, 2007 Opinion or Order Filing 56 RESPONSE re: # 55 Notice (Other), Notice (Other), Notice (Other), Notice (Other) Response to Plaintiffs' Notice of Supplemental Authority Re: Defendants' Motion for Reconsideration . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Casazza, Lauren)
May 22, 2007 Opinion or Order Filing 55 NOTICE of Supplemental Authority re Defendants' Motion for Reconsideration re: # 40 MOTION for Reconsideration re; # 39 Memorandum & Opinion, Defendants' Notice of Motion for Reconsideration of the Court's Order Denying Their Motion to Dismiss Count One of Plaintiffs' Amended Complaint or, Alternatively, For Certifi MOTION for Reconsideration re; # 39 Memorandum & Opinion, Defendants' Notice of Motion for Reconsideration of the Court's Order Denying Their Motion to Dismiss Count One of Plaintiffs' Amended Complaint or, Alternatively, For Certifi MOTION for Reconsideration re; # 39 Memorandum & Opinion, Defendants' Notice of Motion for Reconsideration of the Court's Order Denying Their Motion to Dismiss Count One of Plaintiffs' Amended Complaint or, Alternatively, For Certifi. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1)(Gottesdiener, Eli)
April 30, 2007 Opinion or Order Filing 54 MOTION for Jason W. Callen to Withdraw as Attorney. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Casazza, Lauren)
March 20, 2007 Opinion or Order Filing 53 Memo Endorsement granting # 43 Motion for Extension of Time to Answer.. (Signed by Judge George B. Daniels on 3/20/07) (dle)
December 21, 2006 Opinion or Order Filing 52 RESPONSE re: # 51 Notice (Other) Defendants' Response to Plaintiffs' Notice of Supplemental Authority RE: Defendants' Motion for Reconsideration . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
December 14, 2006 Opinion or Order Filing 51 NOTICE of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motion for Reconsideration. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1)(Gottesdiener, Eli)
November 6, 2006 Opinion or Order Received returned mail re: # 48 Notice of Case Assignment/Reassignment. Mail was addressed to Robert J. Kopecky at 200 East Randolph Street, Chicago, IL 60601 and was returned for the following reason(s): attempted - not known. (tve, )
October 30, 2006 Opinion or Order Filing 50 ORDER: The Clerk of the Court is directed to remove defendants' motion for additional time to file a response to plaintiffs' class action complaint (docket #7), from the outstanding motions list. (Signed by Judge George B. Daniels on 10/27/2006) (lb, )
October 17, 2006 Opinion or Order Filing 47 REPLY MEMORANDUM OF LAW in Support re: # 40 MOTION for Reconsideration re; # 39 Memorandum & Opinion, Defendants' Notice of Motion for Reconsideration of the Court's Order Denying Their Motion to Dismiss Count One of Plaintiffs' Amended Complaint or, Alternatively, For Certifi cation Pursuant To 28 U.S.C. s 1292(b) . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Callen, Jason)
October 16, 2006 Opinion or Order Filing 49 NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge John G. Koeltl is no longer assigned to the case due to judge's recusal. (Memo dated 10/6/2006) (jeh, )
October 16, 2006 Opinion or Order Filing 48 NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Michael B. Mukasey is no longer assigned to the case. (jeh, ) Additional attachment(s) added on 10/20/2006 (jeh, ).
October 11, 2006 Opinion or Order Filing 46 NOTICE OF APPEARANCE by Lauren Orland Casazza on behalf of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP (Casazza, Lauren)
October 10, 2006 Opinion or Order Filing 45 MEMORANDUM OF LAW in Opposition re: # 40 MOTION for Reconsideration re; # 39 Memorandum & Opinion, Defendants' Notice of Motion for Reconsideration of the Court's Order Denying Their Motion to Dismiss Count One of Plaintiffs' Amended Complaint or, Alternatively, For Certifi. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Gottesdiener, Eli)
September 20, 2006 Opinion or Order Filing 44 DECLARATION of Jason W. Callen in Support re: # 43 MOTION for Extension of Time to File Answer Defendants' Notice of Motion for Additional Time to File Their Answer to Plaintiffs' First Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
September 20, 2006 Opinion or Order Filing 43 MOTION for Extension of Time to File Answer Defendants' Notice of Motion for Additional Time to File Their Answer to Plaintiffs' First Amended Class Action Complaint . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
September 20, 2006 Opinion or Order Filing 42 DECLARATION of Jason W. Callen in Support re: # 40 MOTION for Reconsideration re; # 39 Memorandum & Opinion, Defendants' Notice of Motion for Reconsideration of the Court's Order Denying Their Motion to Dismiss Count One of Plaintiffs' Amended Complaint or, Alternatively, For Certifi. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit A# 2 Exhibit B and C# 3 Exhibit D, Part 1# 4 Exhibit D, Part 2)(Callen, Jason)
September 20, 2006 Opinion or Order Filing 41 MEMORANDUM OF LAW in Support re: # 40 MOTION for Reconsideration re; # 39 Memorandum & Opinion, Defendants' Notice of Motion for Reconsideration of the Court's Order Denying Their Motion to Dismiss Count One of Plaintiffs' Amended Complaint or, Alternatively, For Certifi cation of Such Decision Pursuant to 28 U.S.C. s 1292(b) . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
September 20, 2006 Opinion or Order Filing 40 MOTION for Reconsideration re; # 39 Memorandum & Opinion, Defendants' Notice of Motion for Reconsideration of the Court's Order Denying Their Motion to Dismiss Count One of Plaintiffs' Amended Complaint or, Alternatively, For Certification of Such Decision Pursuant to 28 U.S.C. s 1292(b) . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
September 5, 2006 Opinion or Order Filing 39 OPINION AND ORDER: Accordingly, defendant's motion to dismiss the fourth claim of plaintiffs' amended complaint is GRANTED. For the reasons set forth above, defendant's motion to dismiss is DENIED as to claim one of the plaintiffs' amended complaint and is GRANTED as to claims two, three, and four. (Signed by Judge Michael B. Mukasey on 9/5/06) (js, )
August 15, 2006 Opinion or Order Filing 38 RESPONSE re: # 37 Memorandum of Law in Oppisition to Motion, Defendants' Rebuttal to Plaintiffs' Memorandum re: Supplemental Authority . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
August 8, 2006 Opinion or Order Filing 37 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: # 22 MOTION to Dismiss First Amended Class Action Complaint . Re Supplemental Authority re Counts One and Three . Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Gottesdiener, Eli)
August 7, 2006 Opinion or Order Filing 36 ORDER that plaintiff's application to file a "Memorandum re: Supplemental Authority re: Counts one and Three" is granted. Dfts may respond by 8/15/06. No reply will be permitted, nor will plaintiff make any further filing with respect to the pending motion herein. (Signed by Judge Michael B. Mukasey on 8/2/06) (dle, )
August 4, 2006 Opinion or Order Filing 35 RESPONSE re: # 30 Memorandum of Law in Support of Motion, Defendants' Rebuttal to Plaintiffs' Surreply in Opposition to Defendants' Motion to Dismiss . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
July 27, 2006 Opinion or Order Filing 34 NOTICE of Filing of Corrected Copy of Ex. 1 to Doc. 33 re: # 33 Memorandum of Law in Support of Motion. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1)(Gottesdiener, Eli)
July 26, 2006 Opinion or Order Filing 33 MEMORANDUM OF LAW in Support re: # 32 MOTION for Leave to File Memorandum Re Supplemental Authority Re Counts One and Three.. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1)(Gottesdiener, Eli)
July 26, 2006 Opinion or Order Filing 32 MOTION for Leave to File Memorandum Re Supplemental Authority Re Counts One and Three. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Gottesdiener, Eli)
July 12, 2006 Opinion or Order Filing 31 ORDER; plaintiffs motion to file a surreply is granted, and the document attached to the motion as Exhibit 1 will be filed as that surreply. Defendants may file a rebuttal by 8/4/2006. (Signed by Judge Michael B. Mukasey on 7/11/06) (kco, )
July 6, 2006 Opinion or Order Filing 30 MEMORANDUM OF LAW in Support re: # 29 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss .. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1-Proposed Surreply)(Gottesdiener, Eli)
July 6, 2006 Opinion or Order Filing 29 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss . Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Gottesdiener, Eli)
June 29, 2006 Opinion or Order Filing 28 DECLARATION of Jason W. Callen in Support re: # 22 MOTION to Dismiss First Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit 1-2)(Callen, Jason)
June 29, 2006 Opinion or Order Filing 27 REPLY to Response to Motion re: # 22 MOTION to Dismiss First Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
June 8, 2006 Opinion or Order Filing 26 DECLARATION of Eli Gottesdiener in Opposition re: # 22 MOTION to Dismiss First Amended Class Action Complaint .. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Gottesdiener, Eli)
June 8, 2006 Opinion or Order Filing 25 MEMORANDUM OF LAW in Opposition re: # 22 MOTION to Dismiss First Amended Class Action Complaint .. Document filed by Smeeta Sharon, Michael A. Weil, Timothy D. Laurent. (Gottesdiener, Eli)
May 18, 2006 Opinion or Order Filing 24 DECLARATION of Jason W. Callen in Support re: # 22 MOTION to Dismiss First Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit A (1 of 3)# 2 Exhibit A (2 of 3)# 3 Exhibit A (3 of 3)# 4 Exhibit B# 5 Exhibit C through G)(Callen, Jason)
May 18, 2006 Opinion or Order Filing 23 MEMORANDUM OF LAW in Support re: # 22 MOTION to Dismiss First Amended Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
May 18, 2006 Opinion or Order Filing 22 MOTION to Dismiss First Amended Class Action Complaint . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
May 4, 2006 Opinion or Order Filing 21 FIRST AMENDED CLASS ACTION COMPLAINT amending # 1 Complaint, against PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.Document filed by Timothy D. Laurent. Related document: # 1 Complaint, filed by Timothy D. Laurent.(sac, )
May 1, 2006 Opinion or Order Filing 20 MEMORANDUM OF LAW in Support re: # 19 MOTION to Dismiss.. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
May 1, 2006 Opinion or Order Filing 19 MOTION to Dismiss. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason)
May 1, 2006 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Jason Whitt Callen to RE-FILE Document # 17 MOTION to Dismiss Memorandum In Support Of Defendants' Motion to Dismiss Plaintiff's Class Action Complaint .. Use the document type Memorandum of Law in support of motion found under the document list Responses and Replies. (kg, )
May 1, 2006 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Jason Whitt Callen to RE-FILE Document # 16 Notice (Other), Notice (Other). Use the document type Motion to dismiss found under the document list Motions. (kg, )
April 28, 2006 Opinion or Order Filing 18 DECLARATION of Jason W. Callen in Support re: # 17 MOTION to Dismiss Memorandum In Support Of Defendants' Motion to Dismiss Plaintiff's Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit Exhibit A - Part 1 of 3# 2 Exhibit Exhibit A - Part 2 of 3# 3 Exhibit Exhibit A - Part 3 of 3# 4 Exhibit Exhibit B# 5 Exhibit Exhibits C through I)(Callen, Jason)
April 28, 2006 Opinion or Order Filing 17 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum In Support Of Defendants' Motion to Dismiss Plaintiff's Class Action Complaint . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason) Modified on 5/1/2006 (kg, ).
April 28, 2006 Opinion or Order Filing 16 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of Defendants' Notice of Motion to Dismiss Plaintiff's Class Action Complaint. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Callen, Jason) Modified on 5/1/2006 (kg, ).
April 28, 2006 Opinion or Order Filing 15 ORDER; Defendant will answer or move by 4/28/2006. Replies due by 6/9/2006. Responses due by 5/19/2006 (Signed by Judge Michael B. Mukasey on 4/25/06) (sac, )
April 25, 2006 Opinion or Order Minute Entry for proceedings held before Judge Michael B. Mukasey : Pretrial Conference held on 4/25/2006. (sac, )
April 13, 2006 Opinion or Order Filing 14 ORDER granting # 10 Motion for Robert J. Kopecky, Douglas G. Smith and Jason W. Callen to Appear Pro Hac Vice . (Signed by Judge Michael B. Mukasey on 4/12/06) (dle, )
April 13, 2006 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: # 14 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, )
April 12, 2006 Opinion or Order Filing 13 NOTICE of Filing re: # 7 MOTION for Extension of Time to File a Response to Plaintiff's Class Action Complaint .. Document filed by Timothy D. Laurent. (Attachments: # 1 Exhibit 1)(Gottesdiener, Eli)
April 11, 2006 Opinion or Order Filing 12 DECLARATION of Mark Rasmussen in Support re: # 11 Reply to Response to Motion,,. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit March 8, 2006 hearing transcript from USDC for District of Columbia)(Rasmussen, Mark)
April 11, 2006 Opinion or Order Filing 11 REPLY to Response to Motion re: # 7 MOTION for Extension of Time to File a Response to Plaintiff's Class Action Complaint . Defendants' Reply In Support of Their Motion For Additional Time To File a Response to Plaintiff's Class Action Complaint . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Rasmussen, Mark)
April 10, 2006 Opinion or Order Filing 10 MOTION for an order, admitting Robert J. Kopecky, Douglas G. Smith and Jason W. Callen to Appear Pro Hac Vice. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (sac, )
April 7, 2006 Opinion or Order Filing 9 RESPONSE in Opposition re: # 7 MOTION for Extension of Time to File a Response to Plaintiff's Class Action Complaint .. Document filed by Timothy D. Laurent. (Gottesdiener, Eli)
April 7, 2006 Opinion or Order Filing 8 DECLARATION of Mark Rasmussen in Support re: # 7 MOTION for Extension of Time to File a Response to Plaintiff's Class Action Complaint .. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit Exhibit A to to Declaration of Mark Rasmussen)(Rasmussen, Mark)
April 7, 2006 Opinion or Order Filing 7 MOTION for Extension of Time to File a Response to Plaintiff's Class Action Complaint . Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Rasmussen, Mark)
April 7, 2006 Opinion or Order Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Extension of Time to File a Response to Plaintiff's Class Action Complaint. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Affidavit DECLARATION OF MARK RASMUSSEN# 2 Exhibit Exhibit A to Declaration of Mark Rasmussen)(Rasmussen, Mark) Modified on 4/7/2006 (kg).
April 7, 2006 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Mark W. Rasmussen to MANUALLY RE-FILE Document No. # 4 Motion for Admission Pro Hac Vice. This document is not filed via ECF. (kg)
April 7, 2006 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark W. Rassussen to RE-FILE Document # 6 MOTION for Extension of Time to File a Response to Plaintiff's Class Action Complaint. ERROR(S): Filing Error of Attachments. Supporting Declaration of Mark W. Rasmussen must be filed separately. Event found under Responses and Replies. (kg)
April 3, 2006 Opinion or Order Filing 5 RULE 7.1 DISCLOSURE STATEMENT. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP.(Rasmussen, Mark)
April 3, 2006 Opinion or Order Filing 4 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Motion for Admission Pro Hac Vice for Robert Kopecky, Douglas Smith, and Jason Callen. Document filed by PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Attachments: # 1 Affidavit Mark Rasmussen# 2 Affidavit Robert Kopecky# 3 Affidavit Douglas Smith# 4 Affidavit Jason Callen# 5 Text of Proposed Order)(Rasmussen, Mark) Modified on 4/7/2006 (kg).
March 31, 2006 Opinion or Order Filing 3 NOTICE OF APPEARANCE by Mark Waldemar Rasmussen on behalf of PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP (Rasmussen, Mark)
March 28, 2006 Opinion or Order Filing 2 AFFIDAVIT OF SERVICE of Summons and Complaint,. PricewaterhouseCoopers LLP served on 3/24/2006, answer due 4/13/2006; The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP served on 3/24/2006, answer due 4/13/2006; The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP served on 3/24/2006, answer due 4/13/2006. Service was accepted by Patrice Edmonds, Paralegal, for PwC. Mark Martinez for RBAP and RBAP Administrative Committee. Document filed by Timothy D. Laurent. (Gottesdiener, Eli)
March 23, 2006 Opinion or Order Filing 1 COMPLAINT against PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (Filing Fee $ 250.00, Receipt Number 573728)Document filed by Timothy D. Laurent.(kco, ) Additional attachment(s) added on 3/24/2006 (lb, ).
March 23, 2006 Opinion or Order SUMMONS ISSUED as to PricewaterhouseCoopers LLP, The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP, The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP. (kco, )
March 23, 2006 Opinion or Order Case Designated ECF. (kco, )
March 23, 2006 Opinion or Order Magistrate Judge Theodore H. Katz is so designated. (kco, )

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Search for this case: Laurent v. PricewaterhouseCoopers LLP et al
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Plaintiff: Timothy D. Laurent
Represented By: Eli Gottesdiener
Represented By: Albert Huang
Represented By: Steven Dana Cohen
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Plaintiff: Smeeta Sharon
Represented By: Eli Gottesdiener
Represented By: Albert Huang
Represented By: Steven Dana Cohen
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Plaintiff: Michael A. Weil
Represented By: Eli Gottesdiener
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Defendant: PricewaterhouseCoopers LLP
Represented By: Daniel J. Thomasch
Represented By: Douglas G. Smith
Represented By: Jason Whitt Callen
Represented By: Mark Waldemar Rasmussen
Represented By: Robert J. Kopecky
Represented By: Amer Shahid Ahmed
Represented By: Lauren Oland Casazza
Represented By: Richard W. Mark
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Defendant: The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of Pricewaterh
Represented By: Lauren Oland Casazza
Represented By: Richard W. Mark
Represented By: Robert J. Kopecky
Represented By: Douglas G. Smith
Represented By: Daniel J. Thomasch
Represented By: Jason Whitt Callen
Represented By: Mark Waldemar Rasmussen
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Defendant: The Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP
Represented By: Daniel J. Thomasch
Represented By: Douglas G. Smith
Represented By: Jason Whitt Callen
Represented By: Mark Waldemar Rasmussen
Represented By: Robert J. Kopecky
Represented By: Amer Shahid Ahmed
Represented By: Lauren Oland Casazza
Represented By: Richard W. Mark
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Defendant: The Adminstrative Committee to the Retirement Benefit Accumulation Plan for Employees of PricewaterhouseCoopers LLP
Represented By: Robert J. Kopecky
Represented By: Daniel J. Thomasch
Represented By: Douglas G. Smith
Represented By: Jason Whitt Callen
Represented By: Mark Waldemar Rasmussen
Represented By: Amer Shahid Ahmed
Represented By: Lauren Oland Casazza
Represented By: Richard W. Mark
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Not classified by court: Brian Meighan
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