Haley v. Teachers Investment and Annuity Association
Haley and Melissa Haley |
Teachers Investment and Annuity Association and Teachers Insurance and Annuity Association of America |
1:2017cv00855 |
February 3, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Robert W Lehrburger |
J Paul Oetken |
Labor: E.R.I.S.A. |
29 U.S.C. § 1001 |
Plaintiff |
Docket Report
This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 64 ORDER granting #63 Letter Motion for Extension of Time (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Farkas, Brian) |
Filing 63 LETTER MOTION for Extension of Time to file Plaintiff's motion for class certification addressed to Magistrate Judge Robert W. Lehrburger from Todd S. Collins dated November 8, 2019. Document filed by Melissa Haley.(Collins, Todd) |
Filing 62 NOTICE OF CHANGE OF ADDRESS by Michael K. Isenman on behalf of Teachers Insurance and Annuity Association of America. New Address: Goodwin Procter LLP, 1900 N Street NW, Washington, DC, USA 02236, 202-346-4000. (Isenman, Michael) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #61 MOTION for Ryan M. Hecht to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17222954. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 61 MOTION for Ryan M. Hecht to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17222954. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melissa Haley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Hecht, Ryan) |
Filing 60 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Robert W. Lehrburger on 7/1/2019) (mro) |
Filing 59 PROPOSED PROTECTIVE ORDER. Document filed by Teachers Insurance and Annuity Association of America. (Fleckner, James) |
Filing 58 NOTICE OF APPEARANCE by Molly Louise Leiwant on behalf of Teachers Insurance and Annuity Association of America. (Leiwant, Molly) |
Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 5/17/2019. (bh) |
Filing 56 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 Robert W. Lehrburger. (Signed by Judge J. Paul Oetken on 5/17/2019) (cf) |
Magistrate Judge Robert W. Lehrburger is so redesignated. (jc) |
Filing 55 PROPOSED CASE MANAGEMENT PLAN. Document filed by Melissa Haley. (Nestico, John) |
Filing 54 ORDER granting #53 Letter Motion to Adjourn Conference. GRANTED. THE INITIAL PRETRIAL CONFERENCE SCHEDULED FOR MAY 3, 2019, IS HEREBY ADJOURNED TO MAY 17, 2019, AT 12:15 P.M. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Neumeister, McKaye) |
Filing 53 LETTER MOTION to Adjourn Conference addressed to Judge J. Paul Oetken from Jamie O. Fleckner dated April 24, 2019. Document filed by Teachers Insurance and Annuity Association of America.(Fleckner, James) |
Filing 57 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. Deposition due by 5/29/2020. Fact Discovery due by 5/29/2020. Expert Discovery due by 10/25/2020. Counsel for the parties have conferred and their present best estimate of the length of trial is 7-10 trial days. (Signed by Judge J. Paul Oetken on 5/17/2019) (ks) |
Filing 52 ORDER: Initial Conference set for 5/3/2019 at 03:30 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken; and as further set forth in this Order. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/11/2019) (anc) |
Filing 51 ANSWER to #35 Amended Complaint. Document filed by Teachers Insurance and Annuity Association of America.(Fleckner, James) |
Filing 50 OPINION AND ORDER: For the foregoing reasons, TIAAs motion dismiss is DENIED, and TIAAs motion to strike is DENIED. The Clerk of Court is directed to close the motion at Docket Number 38. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/27/2019) (jca) |
Filing 49 NOTICE OF APPEARANCE by Eric Lechtzin on behalf of Melissa Haley. (Lechtzin, Eric) |
Filing 48 ORDER granting #47 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) |
Filing 47 MOTION for Eric Lechtzin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15955138. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melissa Haley. (Attachments: #1 Affidavit of Eric Lechtzin, #2 Text of Proposed Order)(Lechtzin, Eric) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #47 MOTION for Eric Lechtzin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15955138. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 46 RESPONSE re: #45 Notice (Other) Plaintiff's Response to Defendants' Notice of Supplemental Authorities. Document filed by Melissa Haley. (Collins, Todd) |
Filing 45 NOTICE of Supplemental Authority re: #39 Memorandum of Law in Support of Motion. Document filed by Teachers Insurance and Annuity Association of America. (Attachments: #1 Exhibit A)(Fleckner, James) |
Filing 44 NOTICE OF CHANGE OF ADDRESS by Ellen Noteware on behalf of All Plaintiffs. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, United States 19103, 215-875-3000. (Noteware, Ellen) |
Filing 43 NOTICE OF CHANGE OF ADDRESS by Todd S. Collins on behalf of All Plaintiffs. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, USA 19103, 215-875-3040. (Collins, Todd) |
Filing 42 DECLARATION of Jaime A. Santos in Support re: #38 MOTION to Dismiss .. Document filed by Teachers Insurance and Annuity Association of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fleckner, James) |
Filing 41 REPLY MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss . . Document filed by Teachers Insurance and Annuity Association of America. (Fleckner, James) |
Filing 40 RESPONSE in Opposition to Motion re: #38 MOTION to Dismiss . . Document filed by Melissa Haley. (Noteware, Ellen) |
Filing 39 MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss . . Document filed by Teachers Insurance and Annuity Association of America. (Fleckner, James) |
Filing 38 MOTION to Dismiss . Document filed by Teachers Insurance and Annuity Association of America.(Fleckner, James) |
Filing 37 MEMO ENDORSEMENT: on PLAINTIFF'S NOTICE OF DISASSOCIATION OF COUNSEL AND REQUEST FOR REMOVAL FROM CM/ECF re: #36 Notice (Other) filed by Melissa Haley. ENDORSEMENT: Granted. SO ORDERED., Attorney Michael C McKay terminated. (Signed by Judge J. Paul Oetken on 5/23/2018) (ama) |
Filing 36 NOTICE of Disassociation of Counsel and Request for Removal From CM/ECF. Document filed by Melissa Haley. (Nestico, John) |
Filing 35 FIRST AMENDED COMPLAINT amending #5 Complaint against Teachers Insurance and Annuity Association of America.Document filed by Melissa Haley. Related document: #5 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nestico, John) |
Filing 34 ORDER granting #33 Letter Motion for Leave to File Document. GRANTED. PLAINTIFF MAY FILE A CORRECTED FIRST AMENDED CLASS ACTION COMPLAINT FOR THE LIMITED PURPOSE OF CORRECTING THE DEFENDANTS NAME. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 33 LETTER MOTION for Leave to File First Amended Class Action Complaint addressed to Judge J. Paul Oetken from John J. Nestico dated May 2, 2017. Document filed by Melissa Haley. (Attachments: #1 Exhibit First Amended Class Action Complaint)(Nestico, John) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Joseph Nestico to RE-FILE re: Document No. #32 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted The amended complaint was incorrectly filed on the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) |
Filing 32 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -FIRST AMENDED COMPLAINT amending #5 Complaint against Teachers Insurance and Annuity Association of America.Document filed by Melissa Haley. Related document: #5 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nestico, John) Modified on 5/2/2018 (pc). |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Nestico to RE-FILE Document No. #31 Amended Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; IF YOU ARE ADDING A NEW NAMED DEFENDANT, YOU MUST ADD THAT PARTY ONTO THE CASE AND SELECT AS FILED AGAINST PARTY.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq) |
Filing 31 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint against Teachers Insurance and Annuity Association of America.Document filed by Melissa Haley. Related document: #1 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nestico, John) Modified on 5/1/2018 (laq). |
Filing 30 ORDER granting #29 Letter Motion to Continue. GRANTED. PLAINTIFF SHALL FILE AN AMENDED COMPLAINT BY APRIL 27, 2018. DEFENDANT SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT BY MAY 25, 2018. IF DEFENDANT MOVES TO DISMISS THE AMENDED COMPLAINT, PLAINTIFF SHALL FILE A BRIEF IN OPPOSITION BY JUNE 15, 2018. DEFENDANT SHALL FILL A REPLY, IF ANY, BY JUNE 29, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 29 JOINT LETTER MOTION to Continue Briefing Schedule Until After the First Amended Complaint is Filed addressed to Judge J. Paul Oetken from James O. Fleckner dated April 9, 2018. Document filed by Teachers Insurance and Annuity Association of America.(Fleckner, James) |
Filing 28 OPINION AND ORDER re: #20 MOTION to Dismiss the Complaint. filed by Teachers Insurance and Annuity Association of America. TIAA's motion dismiss is GRANTED in part and DENIED in part. Only Count V survives the motion to dismiss. Plaintiff may file an amended complaint, provided that she does so within 30 days. The Clerk of Court is directed to close the motion at Docket Number 20. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/26/18) (yv) |
Filing 27 REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss the Complaint. . Document filed by Teachers Insurance and Annuity Association of America. (Fleckner, James) |
Filing 26 RESPONSE in Opposition to Motion re: #20 MOTION to Dismiss the Complaint. Plaintiff's Opposition To Defendant's Motion to Dismiss. Document filed by Melissa Haley. (Nestico, John) |
Filing 25 ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply. GRANTED. PLAINTIFF SHALL RESPOND TO THE MOTION TO DISMISS ON OR BEFORE JUNE 21, 2017. DEFENDANT SHALL FILE ANY REPLY ON OR BEFORE JULY 21, 2017. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 24 LETTER MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss the Complaint. addressed to Judge J. Paul Oetken from John J. Nestico dated May 16, 2017. Document filed by Melissa Haley.(Nestico, John) |
Filing 23 NOTICE OF APPEARANCE by Ellen Noteware on behalf of Melissa Haley. (Noteware, Ellen) |
Filing 22 DECLARATION of Jaime A. Santos in Support re: #20 MOTION to Dismiss the Complaint.. Document filed by Teachers Insurance and Annuity Association of America. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit B - Part 3, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Fleckner, James) |
Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss the Complaint. . Document filed by Teachers Insurance and Annuity Association of America. (Fleckner, James) |
Filing 20 MOTION to Dismiss the Complaint. Document filed by Teachers Insurance and Annuity Association of America.(Fleckner, James) |
Filing 19 WAIVER OF SERVICE RETURNED EXECUTED. Teachers Insurance and Annuity Association of America waiver sent on 3/9/2017, answer due 5/8/2017. Document filed by Melissa Haley. (Nestico, John) |
Filing 18 ORDER granting #16 Motion to Appear Pro Hac Vice; granting #17 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 17 MOTION for Jaime A. Santos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13495193. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance and Annuity Association of America. (Attachments: #1 Affidavit In Support of Pro Hac Vice Motion, #2 Proposed Order)(Santos, Jaime) |
Filing 16 MOTION for Jamie O. Fleckner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13495067. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance and Annuity Association of America. (Attachments: #1 Affidavit In Support of Motion to Appear Pro Hac Vice, #2 Proposed Order)(Fleckner, James) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Jamie O. Fleckner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13495067. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Jaime A. Santos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13495193. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
Filing 15 ORDER granting #14 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Michael K. Isenman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13486962. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
Filing 14 MOTION for Michael K. Isenman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13486962. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance and Annuity Association of America. (Attachments: #1 Affidavit of Michael K. Isenman In Support of Pro Hac Vice Motion, #2 Proposed Order)(Isenman, Michael) |
Filing 13 ORDER granting #12 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 12 MOTION for Michael C. McKay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13469484. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melissa Haley. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit, #3 Text of Proposed Order)(McKay, Michael) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Michael C. McKay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13469484. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teachers Insurance and Annuity Association of America.(Haggans, Valerie) |
Filing 10 NOTICE OF APPEARANCE by Valerie A Haggans on behalf of Teachers Insurance and Annuity Association of America. (Haggans, Valerie) |
Filing 9 ORDER granting #7 Motion to Appear Pro Hac Vice; granting #8 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Todd S. Collins to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff., #8 MOTION for Shanon Carson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13375244. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 8 MOTION for Shanon Carson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13375244. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melissa Haley. (Attachments: #1 Exhibit Good Standing Certificate, #2 Affidavit, #3 Text of Proposed Order)(Carson, Shanon) |
Filing 7 MOTION for Todd S. Collins to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melissa Haley. (Attachments: #1 Exhibit Good Standing Certificate, #2 Affidavit, #3 Text of Proposed Order)(Collins, Todd) |
Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Todd Collins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13373941. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melissa Haley. (Attachments: #1 Exhibit Good Standing Certificate, #2 Text of Proposed Order)(Collins, Todd) Modified on 3/2/2017 (bcu). |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Todd Collins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13373941. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration missing. Please Read Local Rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
Filing 5 COMPLAINT against Teachers Insurance and Annuity Association of America. Document filed by Melissa Haley.(Nestico, John) |
Filing 4 ORDER granting #3 Letter Motion for Leave to File Document. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 3 LETTER MOTION for Leave to File Corrected Class Action Complaint addressed to Judge J. Paul Oetken from John J. Nestico dated February 27, 2017. Document filed by Melissa Haley. (Attachments: #1 Exhibit Corrected Class Action Complaint)(Nestico, John) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jvs) |
Magistrate Judge James C. Francis IV is so designated. (jvs) |
Case Designated ECF. (jvs) |
Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Supplement Plaintiff's Additional Attorneys)(Nestico, John) |
Filing 1 COMPLAINT against Teachers Investment and Annuity Association. (Filing Fee $ 400.00, Receipt Number 0208-13280308)Document filed by Melissa Haley. (Attachments: #1 Exhibit 1)(Nestico, John) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.