Blue Cross Blue Shield Association National Employee Benefits Committee v. Allianz Global Investors U.S. LLC et al
Plaintiff: Blue Cross Blue Shield Association National Employee Benefits Committee
Defendant: Aon Investments USA Inc., Allianz Global Investors U.S. LLC and Aon Hewitt Investment Consulting, Inc.
Intervenor: UNITED STATES OF AMERICA
3Rd Party Defendant: Robert Kolodgy, Michael Mizeur, John Giblin, James R. Sharpe, Terrence J. Cooney and Blue Cross and Blue Shield Association
Case Number: 1:2020cv07606
Filed: September 16, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1104 Recovery of Benefits to Employee
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2022 Opinion or Order Filing 251 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among NEBC, Aon, and the Third-Party Defendants, through their undersigned counsel, that this entire Action, including all claims, counterclaims, and third-party claims, shall be and hereby is, dismissed with prejudice pursuant to Fed. R. Civ.P. 41(a)(1)(A) with each Party to bear its own costs. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/2/2022) (rro)
September 1, 2022 Filing 250 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Blue Cross Blue Shield Association National Employee Benefits Committee, Aon Investments USA Inc., Blue Cross and Blue Shield Association, Terrence J. Cooney, John Giblin, Robert Kolodgy, Michael Mizeur, James R. Sharpe and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Gallagher, Sean)
August 29, 2022 Opinion or Order Filing 249 MEMO ENDORSEMENT on re: (88 in 1:20-cv-09478-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC, (90 in 1:20-cv-07842-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC, (248 in 1:20-cv-07606-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC, (86 in 1:20-cv-09587-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC, (97 in 1:20-cv-07061-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC, (80 in 1:20-cv-05817-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC, (88 in 1:20-cv-09479-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC, (50 in 1:20-cv-10848-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC, (119 in 1:20-cv-07154-KPF) Notice (Other) filed by Allianz Global Investors U.S. LLC. ENDORSEMENT: Application GRANTED. The Court wishes Ms. Brust the best in her future endeavors. The Clerk of Court is directed to terminate Ms. Brust from the docket, and to also file this endorsement in and terminate Ms. Brust from the dockets in 20 Civ. 5817, 20 Civ. 7061, 20 Civ.7154, 20 Civ. 7842, 20 Civ. 8642, 20 Civ. 9478, 20 Civ. 9479,20 Civ. 9587, 20 Civ. 10848, 20 Civ. 401, 20 Civ. 1485, 20 Civ.3116, and 20 Civ. 7898. SO ORDERED., (Attorney Mary Elizabeth Brust terminated.) (Signed by Judge Katherine Polk Failla on 8/29/22) (yv)
August 26, 2022 Filing 248 NOTICE of Withdrawal of Counsel by Mary E. Brust. Document filed by Allianz Global Investors U.S. LLC..(Brust, Mary)
August 25, 2022 Filing 247 NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of Blue Cross and Blue Shield Association, Terrence J. Cooney, Robert Kolodgy, James R. Sharpe..(Youngwood, Jonathan)
August 11, 2022 Opinion or Order Filing 246 STIPULATION AND ORDER REGARDING THIRD-PARTY PRACTICE, NOW THEREFORE, subject to this Court's approval, the Parties stipulate and agree as follows: 1. The time for NEBC to move against, answer, or otherwise respond to the Counterclaim is extended until September 16, 2022. 2. The time for the Third-Party Defendants to move against, answer, or otherwise respond to the Third-Party Complaints is extended until September 16, 2022. 4. NEBC and the Third-Party Defendants reserve their respective rights to seek a further extension of the time to respond to the Counterclaim and Third-Party Complaints. 5. NEBC, Aon, and non-party Allianz Global Investors U.S. LLC further stipulate and agree that the deadline by which Aon, as third-party plaintiff, may file a complaint against AGI pursuant to FRCP 14(a)(1), without leave of Court, shall be extended until September 16, 2022 (the "AGI Extension"). 6. The Parties agree that the AGI Extension does not prejudice any of the Parties, and the AGI Extension shall not constitute evidence of prejudice to any of the Parties. 7. The Parties agree not to use the AGI Extension as the basis to support or oppose a request to extend any other deadline, and/or in support of or in opposition to a motion to dismiss or sever any claims that Aon, as third-party plaintiff, has filed or will file against AGI on the basis that such claims are not timely under the Federal Rules of Civil Procedure, but in the event Aon asserts any claim against AGI, AGI otherwise reserves all rights to seek an extension of any deadline, including without limitation any deadline to move to dismiss, bar or sever any claims that Aon may assert against AGI. 8. The Parties further agree that: a. The AGI Extension will not be used to challenge Aons requests to take the deposition of any Allianz-affiliated witnesses if and when the stay of depositions of Allianz-affiliated witnesses (Dkts. 236, 240) is lifted, including but not limited to the depositions of Allianz-affiliated witnesses already approved by the Court (Dkt. 186 at 5); and b. The AGI Extension shall not constitute a basis to object to, refuse to respond to, or delay responding to discovery served by a Party on another Party. Blue Cross Blue Shield Association National Employee Benefits Committee answer due 9/16/2022; Blue Cross and Blue Shield Association answer due 9/16/2022; Terrence J. Cooney answer due 9/16/2022; John Giblin answer due 9/16/2022; Robert Kolodgy answer due 9/16/2022; Michael Mizeur answer due 9/16/2022; James R. Sharpe answer due 9/16/2022. (Signed by Judge Katherine Polk Failla on 8/11/2022) (kv)
August 10, 2022 Filing 245 PROPOSED STIPULATION AND ORDER. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
July 25, 2022 Opinion or Order Filing 244 ORDER granting #243 Motion to Withdraw as Attorney. Application GRANTED. The Clerk of Court is directed to terminate Mr. Boutlier from the docket, and to terminate the pending motion at docket entry 243. Attorney Misha Boutilier terminated.. (Signed by Judge Katherine Polk Failla on 7/25/2022) (rro)
July 22, 2022 Filing 243 MOTION for Misha Boutilier to Withdraw as Attorney . Document filed by Aon Investments USA Inc...(Boutilier, Misha)
July 19, 2022 Filing 242 MEMO ENDORSEMENT on re: #241 Letter filed by Blue Cross Blue Shield Association National Employee Benefits Committee. ENDORSEMENT: Application GRANTED. The pretrial conference scheduled for July 26, 2022 (Dkt. #234), is hereby ADJOURNED to November 1, 2022, at 11:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. ( Pretrial Conference set for 11/1/2022 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/19/2022) (rro)
July 19, 2022 Filing 241 JOINT LETTER addressed to Judge Katherine Polk Failla from Sean Gallagher dated 7/19/2022 re: Pre Trial Conference. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
July 8, 2022 Opinion or Order Filing 240 ORDER granting #239 Letter Motion to Stay re: #239 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from AUSA Nicholas Folly dated 07/07/2022. ORDERED that depositions of witnesses previously or currently employed by AGI US or any of its affiliates are stayed for an additional 60 days. It is further ORDERED that the current discovery deadline is extended for an additional 60 days. The Clerk of Court is directed to terminate the pending motion at docket entry 239. (Signed by Judge Katherine Polk Failla on 7/8/2022) (rro)
July 7, 2022 Filing 239 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from AUSA Nicholas Folly dated 07/07/2022. Document filed by UNITED STATES OF AMERICA..(Folly, Nicholas)
June 29, 2022 Opinion or Order Filing 238 STIPULATION AND ORDER REGARDING THIRD-PARTY PRACTICE: NOW THEREFORE, subject to this Court's approval, the Parties stipulate and agree as follows: The time for NEBC to move against, answer, or otherwise respond to the Counterclaim is extended until August 12, 2022. The time for the Third-Party Defendants to move against, answer, or otherwise respond to the Third-Party Complaints is extended until August 12, 2022. NEBC and the Third-Party Defendants reserve their respective rights to seek a further extension of the time to respond to the Counterclaim and Third-Party Complaints NEBC, Aon, and non-party Allianz Global Investors U.S. LLC further stipulate and agree that the deadline by which Aon, as third-party plaintiff, may file a complaint against AGI pursuant to FRCP 14(a)(1), without leave of Court, shall be extended until August 12, 2022 (the "AGI Extension"). SO ORDERED. Blue Cross Blue Shield Association National Employee Benefits Committee answer due 8/12/2022; Blue Cross and Blue Shield Association answer due 8/12/2022; Terrence J. Cooney answer due 8/12/2022; John Giblin answer due 8/12/2022; Robert Kolodgy answer due 8/12/2022; Michael Mizeur answer due 8/12/2022; James R. Sharpe answer due 8/12/2022.( Amended Pleadings due by 8/12/2022.) (Signed by Judge Katherine Polk Failla on 6/29/2022) (rro)
June 28, 2022 Filing 237 PROPOSED STIPULATION AND ORDER. Document filed by Aon Investments USA Inc...(Sharma, Renita)
June 10, 2022 Opinion or Order Filing 236 ORDER granting #235 Letter Motion to Stay re: #235 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from AUSA Nicholas Folly dated 06/10/2022. ORDERED that the Government's motion to intervene is GRANTED. It is further ORDERED that depositions of witnesses previously or currently employed by AGI US or any of its affiliates are stayed for 30 days. It is further ORDERED that the current discovery deadline is extended for 30 days. It is further ORDERED that the Government's memorandum of law in support of its application for a partial stay, attached as Exhibit A to the Government's June 10, 2022 letter motion (Dkt. # 235), shall be unsealed. The Clerk of Court is directed to terminate the pending motion at docket entry 235. (Signed by Judge Katherine Polk Failla on 6/10/2022) (rro)
June 10, 2022 Filing 235 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from AUSA Nicholas Folly dated 06/10/2022. Document filed by UNITED STATES OF AMERICA..(Folly, Nicholas)
June 8, 2022 Filing 234 MEMO ENDORSEMENT on re: #233 Letter filed by Blue Cross Blue Shield Association National Employee Benefits Committee. ENDORSEMENT: Application GRANTED. The pretrial conference presently scheduled for June 14, 2022, is hereby ADJOURNED to July 26, 2022, at 10:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. ( Pretrial Conference set for 7/26/2022 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/8/2022) (rro)
June 7, 2022 Filing 233 JOINT LETTER addressed to Judge Katherine Polk Failla from Sean Gallagher dated June 6, 2022 re: Pre Trial Conference. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
June 2, 2022 Opinion or Order Filing 232 STIPULATION AND ORDER REGARDING TIME TO RESPOND TO AON'S THIRD-PARTY COMPLAINTS AND COUNTERCLAIM: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among NEBC, Aon, and the Third-Party Defendants as follows: The time for NEBC to move against, answer, or otherwise respond to the Counterclaim is extended until June 29, 2022. The time for the Third-Party Defendants to move against, answer, or otherwise respond to the Third-Party Complaints is extended until June 29, 2022. NEBC and the Third-Party Defendants reserve their respective rights to seek a further extension of the time to respond to the Counterclaim and Third-Party Complaints, including on the basis that the BCBSA Third-Party Defendants may require further time to secure counsel to represent them for purposes of responding to the Third-Party Complaints filed against them; Aon reserves its rights to oppose any requests for a further extension of the time to respond to the Counterclaim and Third-Party Complaints. Blue Cross Blue Shield Association National Employee Benefits Committee answer due 6/29/2022; Terrence J. Cooney answer due 6/29/2022; John Giblin answer due 6/29/2022; Robert Kolodgy answer due 6/29/2022; Michael Mizeur answer due 6/29/2022; James R. Sharpe answer due 6/29/2022. (Signed by Judge Katherine Polk Failla on 6/2/2022) (rro)
June 1, 2022 Filing 231 PROPOSED STIPULATION AND ORDER. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
June 1, 2022 Filing 230 ACKNOWLEDGMENT OF SERVICE of Summons on a Third-Party Complaint served on Blue Cross and Blue Shield Association on May 31, 2022. Service was accepted by Abby Mollen, Counsel for Blue Cross and Blue Shield Association. Document filed by Allianz Global Investors U.S. LLC..(Sharma, Renita)
June 1, 2022 Filing 229 ELECTRONIC SUMMONS ISSUED as to Blue Cross and Blue Shield Association..(pc)
June 1, 2022 Filing 228 NOTICE OF APPEARANCE by David Harold Korn on behalf of John Giblin, Michael Mizeur..(Korn, David)
June 1, 2022 Filing 227 NOTICE OF APPEARANCE by Karin A. DeMasi on behalf of John Giblin, Michael Mizeur..(DeMasi, Karin)
May 31, 2022 Filing 226 REQUEST FOR ISSUANCE OF SUMMONS as to Blue Cross and Blue Shield Association, re: #222 Third Party Complaint,,,. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 31, 2022 Opinion or Order Filing 225 STIPULATION AND ORDER REGARDING THIRD-PARTY PRACTICE: NOW THEREFORE, subject to this Court's approval, the Stipulating Parties stipulate and agree that: The deadline by which Aon, as third-party plaintiff, may file a complaint againstAGI pursuant to FRCP 14(a)(1), without leave of Court, shall be extended until June 29, 2022 (the Extension). The Stipulating Parties agree that the Extension does not prejudice any of the Stipulating Parties, and Extension shall not constitute evidence of prejudice to any of the Stipulating Parties. The Stipulating Parties agree not to use this Stipulation or the Extension as the basisto support or oppose a request to extend any other deadline, and/or in support of or in opposition to a motion to dismiss or sever any claims that Aon, as third-party plaintiff, has filed or will file against AGI on the basis that such claims are not timely under the Federal Rules of Civil Procedure, but in the event Aon asserts any claim against AGI, AGI otherwise reserves all rights to seek an extension of any deadline, including without limitation any deadline to move to dismiss, bar or sever any claims that Aon may assert against AGI. Nothing herein is intended to impact the deadline(s) for discovery in this action,and discovery in the action shall continue during the Extension, except to the extent that depositions of Allianz-affiliated witnesses are stayed pursuant to the Court's prior order (Dkt. 184) ("Deposition Stay"). (Amended Pleadings due by 6/29/2022.) (Signed by Judge Katherine Polk Failla on 5/31/2022) (rro) Modified on 6/1/2022 (rro).
May 31, 2022 Opinion or Order Filing 224 ORDER granting #221 Letter Motion to Seal. Application GRANTED. Aon may file a redacted version of its third-party complaint against third-party Defendant Blue Cross Blue Shield Association, as well as certain exhibits to that third-party complaint under seal. The Clerk of Court is directed to terminated the pending motion at docket entry 221. (Signed by Judge Katherine Polk Failla on 5/31/2022) (tro)
May 31, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Renita Sharma to RE-FILE Document No. #223 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; caption error, caption should only list the Defendant that is the Third Party Plaintiff. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
May 27, 2022 Filing 223 FILING ERROR - DEFICIENT PLEADING - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Blue Cross and Blue Shield Association, re: #220 Third Party Complaint,. Document filed by Aon Investments USA Inc...(Sharma, Renita) Modified on 5/31/2022 (sj).
May 27, 2022 Filing 222 ***SELECTED PARTIES***THIRD PARTY COMPLAINT against Blue Cross and Blue Shield Association.Document filed by Aon Investments USA Inc., Blue Cross and Blue Shield Association, Blue Cross Blue Shield Association National Employee Benefits Committee, Terrence J. Cooney, John Giblin, Robert Kolodgy, Michael Mizeur, James R. Sharpe, UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T)Motion or Order to File Under Seal: #221 .(Sharma, Renita)
May 27, 2022 Filing 221 LETTER MOTION to Seal Dkt. #220 addressed to Judge Katherine Polk Failla from Renita Sharma dated May 27, 2022. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 27, 2022 Filing 220 THIRD PARTY COMPLAINT against Blue Cross and Blue Shield Association.Document filed by Aon Investments USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T).(Sharma, Renita)
May 27, 2022 Filing 219 PROPOSED STIPULATION AND ORDER. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 24, 2022 Filing 218 ACKNOWLEDGMENT OF SERVICE of Summons and Third-Party Complaint served on James R. Sharpe on May 16, 2022. Service was accepted by Dawson Robinson. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 24, 2022 Filing 217 ACKNOWLEDGMENT OF SERVICE of Summons and Third-Party Complaint served on Michael Mizeur on May 16, 2022. Service was accepted by David Korn. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 24, 2022 Filing 216 ACKNOWLEDGMENT OF SERVICE of Summons and Third-Party Complaint served on Robert Kolodgy on May 16, 2022. Service was accepted by Dawson Robinson. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 24, 2022 Filing 215 ACKNOWLEDGMENT OF SERVICE of Summons and Third-Party Complaint served on John Giblin on May 16, 2022. Service was accepted by David Korn. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 24, 2022 Filing 214 ACKNOWLEDGMENT OF SERVICE of Summons and Third-Party Complaint served on Terrence J. Cooney on May 16, 2022. Service was accepted by Dawson Robinson. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 17, 2022 Filing 213 MEMO ENDORSEMENT on re: #193 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Renita Sharma dated 05/13/2022. filed by Aon Investments USA Inc. ENDORSEMENT: Application GRANTED. Aon may file a redacted version of its third-party complaint, as well as certain exhibits to that third- party complaint under seal. The Clerk of Court is directed to terminate the pending motion at docket entry 193. (Signed by Judge Katherine Polk Failla on 5/17/2022) (rro)
May 16, 2022 Filing 212 ELECTRONIC SUMMONS ISSUED as to Robert Kolodgy..(pc)
May 16, 2022 Filing 211 ELECTRONIC SUMMONS ISSUED as to Michael Mizeur..(pc)
May 16, 2022 Filing 210 ELECTRONIC SUMMONS ISSUED as to John Giblin..(pc)
May 16, 2022 Filing 209 ELECTRONIC SUMMONS ISSUED as to Terrence J. Cooney..(pc)
May 16, 2022 Filing 208 ELECTRONIC SUMMONS ISSUED as to James R. Sharpe..(pc)
May 16, 2022 Opinion or Order Filing 207 ORDER terminating #193 Letter Motion to Seal; granting #194 Letter Motion to Seal. Application GRANTED. Aon may file a redacted version of its counterclaim, as well as certain exhibits to that counterclaim under seal. The Clerk of Court is directed to terminate the pending motion at docket entry 194. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/16/2022) (jca)
May 16, 2022 Opinion or Order Filing 206 ORDER granting #195 Letter Motion to Seal. Application GRANTED. Aon may file a redacted version of its third-party complaint, as well as certain exhibits to that third-party complaint under seal. The Clerk of Court is directed to terminate the pending motion at docket entry 195.. (Signed by Judge Katherine Polk Failla on 5/16/2022) (rro)
May 16, 2022 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #200 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Richard Irving Werder : This is a Duplicate Document. Do Not Re-File. (lb)
May 13, 2022 Filing 205 REQUEST FOR ISSUANCE OF SUMMONS as to Terrence J. Cooney, re: #192 Third Party Complaint,. Document filed by Aon Investments USA Inc...(Werder, Richard)
May 13, 2022 Filing 204 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Kolodgy, re: #190 Third Party Complaint,. Document filed by Aon Investments USA Inc...(Werder, Richard)
May 13, 2022 Filing 203 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Mizeur, re: #190 Third Party Complaint,. Document filed by Aon Investments USA Inc...(Werder, Richard)
May 13, 2022 Filing 202 REQUEST FOR ISSUANCE OF SUMMONS as to John Giblin, re: #190 Third Party Complaint,. Document filed by Aon Investments USA Inc...(Werder, Richard)
May 13, 2022 Filing 201 REQUEST FOR ISSUANCE OF SUMMONS as to James R. Sharpe, re: #192 Third Party Complaint,. Document filed by Aon Investments USA Inc...(Werder, Richard)
May 13, 2022 Filing 200 FILING ERROR - DUPLICATE DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Aon plc, Corporate Parent Aon Corporation, Corporate Parent Aon Global Holdings plc, Corporate Parent Aon Global Limited, Corporate Parent Randolph Finance ULC, Corporate Parent Aon Group, Inc., Corporate Parent AON Consulting, Inc. for Aon Investments USA Inc.. Document filed by Aon Investments USA Inc...(Werder, Richard) Modified on 5/16/2022 (lb).
May 13, 2022 Filing 199 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Aon plc, Corporate Parent Aon Corporation, Corporate Parent Aon Global Holdings plc, Corporate Parent Aon Global Limited, Corporate Parent Randolph Finance ULC, Corporate Parent Aon Group, Inc., Corporate Parent AON Consulting, Inc. for Aon Investments USA Inc.. Document filed by Aon Investments USA Inc...(Werder, Richard)
May 13, 2022 Filing 198 ***SELECTED PARTIES***THIRD PARTY COMPLAINT against Terrence J. Cooney, James R. Sharpe.Document filed by Terrence J. Cooney, Aon Investments USA Inc., James R. Sharpe, Blue Cross Blue Shield Association National Employee Benefits Committee, John Giblin, Robert Kolodgy, Michael Mizeur, UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T)Motion or Order to File Under Seal: #195 .(Werder, Richard)
May 13, 2022 Filing 197 ***SELECTED PARTIES***ANSWER to #1 Complaint., COUNTERCLAIM against Blue Cross Blue Shield Association National Employee Benefits Committee. Document filed by James R. Sharpe, Robert Kolodgy, Terrence J. Cooney, Aon Investments USA Inc., John Giblin, Blue Cross Blue Shield Association National Employee Benefits Committee, UNITED STATES OF AMERICA, Michael Mizeur. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R)Motion or Order to File Under Seal: #194 .(Werder, Richard)
May 13, 2022 Filing 196 ***SELECTED PARTIES***THIRD PARTY COMPLAINT against Robert Kolodgy, John Giblin, Michael Mizeur.Document filed by Aon Investments USA Inc., John Giblin, Michael Mizeur, Blue Cross Blue Shield Association National Employee Benefits Committee, Terrence J. Cooney, James R. Sharpe, UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R)Motion or Order to File Under Seal: #193 .(Werder, Richard) Modified on 5/16/2022 (pc).
May 13, 2022 Filing 195 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Renita Sharma dated 05/13/2022. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 13, 2022 Filing 194 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Renita Sharma dated 05/13/2022. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 13, 2022 Filing 193 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Renita Sharma dated 05/13/2022. Document filed by Aon Investments USA Inc...(Sharma, Renita)
May 13, 2022 Filing 192 THIRD PARTY COMPLAINT against James R. Sharpe, Terrence J. Cooney.Document filed by Aon Investments USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T).(Werder, Richard)
May 13, 2022 Filing 191 ANSWER to #1 Complaint., COUNTERCLAIM against Blue Cross Blue Shield Association National Employee Benefits Committee. Document filed by Aon Investments USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R).(Werder, Richard)
May 13, 2022 Filing 190 THIRD PARTY COMPLAINT against Robert Kolodgy, Michael Mizeur, John Giblin.Document filed by Aon Investments USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R).(Werder, Richard)
May 13, 2022 Opinion or Order Filing 189 ORDER FOR ADMISSION PRO HAC VICE granting #175 Motion for Mark E. Ferguson to Appear Pro Hac Vice. The Clerk of Court is directed to close the motion at docket entry 175.. (Signed by Judge Katherine Polk Failla on 5/13/2022) (rro)
May 12, 2022 Filing 188 NOTICE OF APPEARANCE by Allison Silber on behalf of Aon Investments USA Inc...(Silber, Allison)
May 12, 2022 Filing 187 NOTICE OF APPEARANCE by Haley Blair Banks on behalf of Aon Investments USA Inc...(Banks, Haley)
May 12, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #175 MOTION for Mark E. Ferguson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
May 11, 2022 Set/Reset Deadlines: Fact Discovery due by 7/22/2022. (rro)
May 11, 2022 Filing 186 MEMO ENDORSEMENT on #183 granting in part and denying in part #172 Letter Motion for Extension of Time; granting in part and denying in part #174 Letter Motion for Extension of Time. ENDORSEMENT: The Court has received Defendant's letter, dated May 5, 2022, requesting a conference to discuss its requests (i) to extend the deadline for completion of fact discovery and (ii) for leave to take additional depositions. (Dkt. #172). The Court has also received former DefendantAllianz Global Investors U.S. LLC's letter, dated May 10, 2022, offering a proposal regarding depositions of Allianz employees (Dkt. #182) and Plaintiff's letter, also dated May 10, 2022, opposing Defendant's requests (Dkt. #183). As an initial matter, Defendant's request for a conference is DENIED, as the Court believes it can fully address Defendant's requests on the submissions now before it. First, Defendant's request for an extension of the fact discovery deadline is GRANTED IN PART. The Court will extend fact discovery by six weeks, which extends the fact discovery cutoff from June 10, 2022, to July 22, 2022. The Court will permit a concomitant six-week extension of the expert discovery deadline. The Court notes that Defendant has blamed Plaintiff for delaying the completion of document discovery, thereby inhibiting Defendant's ability to conduct depositions. As the Court's resolution of Defendant's application concerning the scope of document discovery suggests, the Court does not agree with this characterization of Plaintiff's conduct and does not perceive Plaintiff to have obstructed discovery. Second, Defendant's request to take additional depositions beyond the 10 provided for by Rule 30 is GRANTED IN PART. Defendant may take a total of 18 depositions - i.e., depositions of 12 NEBC-affiliated individuals and of six Allianz-affiliated individuals. The Court agrees with Allianz that Defendant has not satisfied its burden to show that its 14 proposed Allianz deponents stand to provide non-duplicative testimony. The Court concludes that granting Defendant leave to depose six Allianz employees imposes no more burden than necessary on non-party Allianz to address the subject matters covered by the witnesses on Defendant's list of proposed Allianz deponents. The Court rules on the instant application recognizing that, at the request of the Government-intervenor, it has entered a 30-day stay of depositions of Allianz employees. Accordingly, within one week of the lifting of this partial stay, Allianz and Defendant are directed to submit a joint letter proposing a deadline by which Defendant is to complete the depositions of the six Allianz employees it chooses to depose. The Court appreciates that there exists the possibility that circumstances may necessitate that depositions of Allianz employees will take place after the newly extended deadline for fact discovery. The Clerk of Court is directed to terminate the pending motions at docket entries 172 and 174.. (Signed by Judge Katherine Polk Failla on 5/11/2022) (rro)
May 11, 2022 Opinion or Order Filing 185 MEMO ENDORSEMENT on #179 terminating #167 Letter Motion to Compel; terminating #169 Letter Motion to Compel; terminating #178 Letter Motion to Compel.ENDORSEMENT: The Court is in receipt of Defendant's letter motion, dated May 3, 2022, seeking a conference to discuss Plaintiff's alleged failure to comply with the Court's January 5, 2022 Order by modifying the search terms that were run on certain custodians' documents. (Dkt. #178). The Court is also in receipt of Plaintiff's letter in opposition, dated May 6, 2022. (Dkt. #179). Defendant's application for a conference to discuss Plaintiff's alleged failure to comply with the January 5 Order is hereby DENIED. The Court concurs with Plaintiff that it has thus far complied fully with the Court's January 5 Order, which directed Plaintiff only to "run the parties' previously agreed-upon search terms on the documents collected" from certain document custodians. (Dkt. #140). This Order neither obligated Plaintiff to engage in discovery beyond the scope of Rule 26, nor purported to predetermine any Rule 26 objections not then before the Court. After review of the parties' submissions, the Court is convinced by the representations made in Plaintiff's submission that, in light of the productions already made, the additional 216,000 documents at issue are unlikely to contain unique, responsive materials. Therefore, the Court finds Defendant's request to be disproportionate to the needs of the case, and it will not compel Plaintiff to review the inordinate number of documents that result from applying the full set of previously agreed-upon search terms on the custodial documents at issue. The Clerk of Court is directed to terminate the pending motions at docket entries 167, 169, and 178.. (Signed by Judge Katherine Polk Failla on 5/11/2022) (rro)
May 11, 2022 Opinion or Order Filing 184 ORDER granting #181 Motion to Intervene. It is hereby ORDERED that the Government's motion to intervene is GRANTED. It is further ORDERED that depositions of witnesses previously or currently employed by AGI US or any of its affiliates are stayed for 30 days. It is further ORDERED that the current discovery deadline is extended for 30 days. It is further ORDERED that, for the reasons detailed in the Government's motion, the Government's motion shall be maintained ex parte and under seal. The Clerk of Court is directed to terminate the pending motion at docket entry 181. (Signed by Judge Katherine Polk Failla on 5/11/2022) (rro)
May 10, 2022 Filing 183 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Sean Gallagher dated 5/10/2022 re: #172 LETTER MOTION for Extension of Time and for Leave to Take Additional Depositions addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 5, 2022. . Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (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).(Gallagher, Sean)
May 10, 2022 Filing 182 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated May 10, 2022 re: #172 LETTER MOTION for Extension of Time and for Leave to Take Additional Depositions addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 5, 2022. . Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Exhibit AGI US Exhibit 1).(Giuffra, Robert)
May 10, 2022 Filing 181 MOTION to Intervene and for Partial Stay. Document filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit Proposed Order).(Castellano, Gina)
May 10, 2022 Filing 180 NOTICE OF APPEARANCE by Gina Marie Castellano on behalf of UNITED STATES OF AMERICA..(Castellano, Gina)
May 9, 2022 Pro Hac Vice Fee Payment: for #175 MOTION for Mark E. Ferguson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-26120977..(Ferguson, Mark)
May 9, 2022 Pro Hac Vice Fee Due: for #175 MOTION for Mark E. Ferguson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (aea)
May 6, 2022 Filing 179 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Sean Gallagher dated 5/6/2022 re: #178 LETTER MOTION to Compel Plaintiff to Produce All Responsive, Non-Privileged Documents That Hit on the Court-Ordered Search Terms addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 6, 2022. . Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Gallagher, Sean)
May 6, 2022 Filing 178 LETTER MOTION to Compel Plaintiff to Produce All Responsive, Non-Privileged Documents That Hit on the Court-Ordered Search Terms addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 6, 2022. Document filed by Aon Investments USA Inc.. (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, #10 Exhibit 10, #11 Exhibit 11).(Beskin, Julia)
May 6, 2022 Opinion or Order Filing 177 ORDER granting #173 Letter Motion to Seal. Application GRANTED. Defendant shall be permitted to file redacted versions of the above-specified documents on the public docket. The Clerk of Court is directed to terminate the pending motion at docket entry 173. (Signed by Judge Katherine Polk Failla on 5/6/2022) (ate)
May 6, 2022 Opinion or Order Filing 176 ORDER granting #171 Letter Motion to Seal. Application GRANTED. Defendant shall be permitted to file revised redacted versions of its May 3, 2022 pre-conference letter and associated exhibits. The Clerk of Court is hereby directed to strike the documents located at docket entry 167, and Defendant is directed to refile the public version of its revised premotion submission as soon as practicable. The Clerk of Court is directed to terminate the pending motion at docket entry 171. (Signed by Judge Katherine Polk Failla on 5/6/2022) (rro)
May 6, 2022 Filing 175 MOTION for Mark E. Ferguson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Ferguson, Mark) Modified on 5/9/2022 (aea). Modified on 5/12/2022 (sgz).
May 5, 2022 Filing 174 ***SELECTED PARTIES*** LETTER MOTION for Extension of Time and for Leave to Take Additional Depositions addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 5, 2022. Document filed by Aon Investments USA Inc., Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 2, #2 Exhibit 5, #3 Exhibit 9, #4 Exhibit 11, #5 Exhibit 12)Motion or Order to File Under Seal: #173 .(Beskin, Julia)
May 5, 2022 Filing 173 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 5, 2022. Document filed by Aon Investments USA Inc...(Beskin, Julia)
May 5, 2022 Filing 172 LETTER MOTION for Extension of Time and for Leave to Take Additional Depositions addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 5, 2022. Document filed by Aon Investments USA Inc.. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Beskin, Julia)
May 5, 2022 Filing 171 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 5, 2022. Document filed by Aon Investments USA Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Beskin, Julia)
May 4, 2022 Opinion or Order Filing 170 ORDER granting #168 Letter Motion to Seal. Application GRANTED. Defendant shall be permitted to file the materials specified above either in redacted form or under seal. The Clerk of Court is directed to terminate the pending motion at docket entry 168. (Signed by Judge Katherine Polk Failla on 5/4/2022) (rro)
May 3, 2022 Filing 169 ***SELECTED PARTIES*** LETTER MOTION to Compel Plaintiff to produce all responsive, non-privileged documents that hit on the Court-Ordered Search Terms addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 3, 2022. Document filed by Aon Investments USA Inc., Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 4, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10)Motion or Order to File Under Seal: #168 .(Beskin, Julia)
May 3, 2022 Filing 168 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 3, 2022. Document filed by Aon Investments USA Inc...(Beskin, Julia)
May 3, 2022 Filing 167 ***STRICKEN DOCUMENT. Document number #167 has been stricken from the case record. The document was stricken from this case pursuant to #176 Order . LETTER MOTION to Compel Plaintiff to produce all responsive, non-privileged documents that hit on the Court-Ordered Search Terms addressed to Judge Katherine Polk Failla from Julia M. Beskin dated May 3, 2022. Document filed by Aon Investments USA Inc.. (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, #10 Exhibit 10, #11 Exhibit 11).(Beskin, Julia) Modified on 5/6/2022 (rro).
May 2, 2022 Opinion or Order Filing 166 ORDER denying #154 Letter Motion to Compel; denying #156 Letter Motion to Compel. The Court is in receipt of Plaintiff's premotion letter, dated April 18, 2022, concerning its anticipated motion to compel Defendant Aon to (i) produce all responsive, non-privileged documents in its possession concerning Structured Alpha and (ii) add five additional document custodians. (Dkt. #154). The Court is also in receipt of Aon's letter in opposition, which is dated April 25, 2022. (Dkt. #160). After careful review of the parties' submissions, the Court DENIES Plaintiff's request for a premotion conference regarding its motion to compel. The Court resolves the discovery dispute as outlined below. Plaintiff's motion to compel Aon to produce all responsive, non-privileged documents in its possession concerning Structured Alpha is DENIED. Aon has represented that it has already produced seven categories of Structured Alpha-related documents, including those related to Aon's advice to other clients concerning Structured Alphas funds other than those in which Plaintiff was also invested. The Court agrees with Aon that in light of the documents already produced, the possibility that there exists materials illuminative of Plaintiff's claims concerning the advice that Defendant Aon provided to other clients regarding Structured Alpha funds other than those in which Plaintiff invested is sufficiently speculative so as to make the request disproportionate to the needs of the case. Plaintiff's motion to compel the addition of five additional custodians is GRANTED, in part. The Court hereby ORDERS Aon to add the following four custodians for the date ranges specified herein: Allen Cheng (January 1, 2020, to August 7, 2020); Griffin Keenan (January 1, 2018, to August 7, 2020); Riccardo Lawi (October 1, 2019, to December 31, 2019); Richard Mohr (October 1, 2019, to December 31, 2019); As for Erol Alitovski, who has already been nominated as a single-issue custodian, the Court agrees with Aon that Plaintiff has not shown that this proposed custodian is likely to possess unique, relevant, and noncumulative documents that have not already been produced. The Clerk of Court is directed to terminate the pending motions at docket entries 154 and 156. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 5/2/2022) (ks)
April 26, 2022 Opinion or Order Filing 165 ORDER granting #161 Letter Motion to Seal. Application GRANTED. Defendant shall be permitted to file redacted versions of the above-specified documents on the public docket. The Clerk of Court is directed to terminate the pending motion at docket entry 161. (Signed by Judge Katherine Polk Failla on 4/26/2022) (ate)
April 26, 2022 Filing 164 NOTICE OF APPEARANCE by Kimberly Eden Carson on behalf of Aon Investments USA Inc...(Carson, Kimberly)
April 26, 2022 Filing 163 NOTICE OF APPEARANCE by Sascha Nicholas Rand on behalf of Aon Investments USA Inc...(Rand, Sascha)
April 25, 2022 Filing 162 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Julia Beskin dated April 25, 2022 re: #156 LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated April 18, 2022. . Document filed by Aon Investments USA Inc., Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 2, #2 Exhibit 8)Motion or Order to File Under Seal: #161 .(Beskin, Julia)
April 25, 2022 Filing 161 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Julia Beskin dated April 25, 2022. Document filed by Aon Investments USA Inc...(Beskin, Julia)
April 25, 2022 Filing 160 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Julia Beskin dated April 25, 2022 re: #156 LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated April 18, 2022. . Document filed by Aon Investments USA Inc.. (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).(Beskin, Julia)
April 20, 2022 Opinion or Order Filing 159 ORDER: granting #158 Letter Motion for Extension of Time to File Response/Reply re #158 LETTER MOTION for Extension of Time to File Response/Reply as to #156 LETTER MOTION to Compel Aon to produce. addressed to Judge Katherine Polk Failla from Sean Gallagher dated April 18, 2022. addressed to Judge Katherine. Application Granted. SO ORDERED. Responses due by 4/25/2022. (Signed by Judge Katherine Polk Failla on 4/20/2022) (ama)
April 19, 2022 Filing 158 LETTER MOTION for Extension of Time to File Response/Reply as to #156 LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated April 18, 2022. addressed to Judge Katherine Polk Failla from Renita Sharma dated April 19, 2022. Document filed by Aon Investments USA Inc...(Sharma, Renita)
April 19, 2022 Opinion or Order Filing 157 ORDER granting #155 Letter Motion to Seal. Application GRANTED. Plaintiff shall be permitted to file the above-specified documents in redacted form or under seal. The Clerk of Court is directed to terminate the pending motion at docket entry 155. (Signed by Judge Katherine Polk Failla on 4/19/2022) (rro)
April 18, 2022 Filing 156 ***SELECTED PARTIES*** LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated April 18, 2022. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee, Aon Investments USA Inc.. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)Motion or Order to File Under Seal: #155 .(Gallagher, Sean)
April 18, 2022 Filing 155 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Sean Gallagher dated April 18, 2022. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
April 18, 2022 Filing 154 LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated April 18, 2022. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14).(Gallagher, Sean)
April 4, 2022 Opinion or Order Filing 153 STIPULATION AND CIVIL CASE MANAGEMENT PLAN #7: This Civil Case Management Plan ("Plan #7") is submitted by the parties in the "Related Actions" in accordance with the Court's September 30, 2021 order and the October 30, 2021 Joint Status Report. Plan #6, paragraph 8.5 is vacated, except to the extent that it vacated paragraph 8 of Plan #1. Any complaint in the Related Actions amended pursuant to the September 30 Order or any amended complaint in any Later-Filed Related Action, shall be filed on April 18, 2022. Amendments of the complaints in the Related Actions after April 18, 2022 shall be either with the opposing party's written consent or the Court's leave. Plaintiffs reserve their rights, if any, to amend under Fed. R. Civ. P. 15(a)(1). The Clerk of Court is directed to file this case management plan in all of the Related Actions listed in the caption above. Plan #6, paragraph 9.5 is vacated, except to the extent that it vacated paragraph 9 of Plan #1, as are any deadlines for Answers in so-ordered stipulations filed in any Related Action. The parties shall meet and confer no later than May 2, 2022 to set a deadline for Answers in all Related Actions and further set forth in this Order. Amended Pleadings due by 4/18/2022. (Signed by Judge Katherine Polk Failla on 4/4/2022) (rro)
April 3, 2022 Filing 152 PROPOSED CASE MANAGEMENT PLAN. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
March 21, 2022 Opinion or Order Filing 151 STIPULATION AND CIVIL CASE MANAGEMENT PLAN #6: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties as follows: Plan #5 is amended and superseded as follows: Plan #5, paragraph 8.4 is vacated, except to the extent that it vacated paragraph 8 of Plan #1, paragraph 8.1 of Plan #2, paragraph 8.2 of Plan #3, and paragraph 8.3 of Plan #4. Any complaint in the Related Actions amended pursuant to the September 30 Order or any amended complaint in any Later-Filed Related Action, shall be filed on April 4, 2022. Plan #5, paragraph 9.4 is vacated, except to the extent that it vacated paragraph 9 of Plan #1, as are any deadlines for Answers in so-ordered stipulations filed in any Related Action. The parties shall meet and confer no later than April 18, 2022 to set a deadline for Answers in all Related Actions and further set forth in this Order. Amended Pleadings due by 4/4/2022. (Signed by Judge Katherine Polk Failla on 3/21/2022) (rro)
March 19, 2022 Filing 150 PROPOSED CASE MANAGEMENT PLAN. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
March 9, 2022 Filing 149 NOTICE OF APPEARANCE by Julia Marie Beskin on behalf of Aon Investments USA Inc...(Beskin, Julia)
March 8, 2022 Opinion or Order Filing 148 STIPULATION AND CIVIL CASE MANAGEMENT PLAN #5: This Civil Case Management Plan ("Plan #5") is submitted by the parties in the Related Actions in accordance with the Court's September 30, 2021 order and the October 30, 2021 Joint Status Report. Plan #4, paragraph 8.3 is vacated, except to the extent that it vacated 8 of Plan #1,paragraph 8.1 of Plan #2, and paragraph 8.2 of Plan #3. Any complaint in the Related Actions amended pursuant to the September 30 Order or any amended complaint in any Later-Filed Related Action, shall be filed on March 21, 2022. Amendments of the complaints in the Related Actions after March 21, 2022 shall be either with the opposing party's written consent or the Court's leave. Plaintiffs reserve their rights, if any, to amend under Fed. R. Civ. P. 15(a)(1) and further set forth in this Order. Amended Pleadings due by 3/21/2022. (Signed by Judge Katherine Polk Failla on 3/8/2022) (rro)
March 7, 2022 Filing 147 PROPOSED CASE MANAGEMENT PLAN. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
March 1, 2022 Opinion or Order Filing 146 STIPULATION AND ORDER OF VOLUNTARY PARTIAL DISMISSAL WITH PREJUDICE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the NEBC and AllianzGI US, through their undersigned counsel, that, pursuant to Fed. R. Civ. P. 41(a)(l)(A), all claims asserted against AllianzGI US in the Action shall be, and hereby are, dismissed with prejudice, with each of the NEBC and AllianzGI US to bear its own costs. Allianz Global Investors U.S. LLC terminated. (Signed by Judge Katherine Polk Failla on 3/1/2022) (rro)
March 1, 2022 Filing 145 NOTICE OF APPEARANCE by Alex Stone Zuckerman on behalf of Aon Investments USA Inc...(Zuckerman, Alex)
March 1, 2022 Filing 144 NOTICE OF APPEARANCE by Elisabeth Bach Miller on behalf of Aon Investments USA Inc...(Miller, Elisabeth)
February 28, 2022 Filing 143 PROPOSED STIPULATION AND ORDER. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
February 18, 2022 Opinion or Order Filing 142 STIPULATION AND CIVIL CASE MANAGEMENT PLAN #4: Plan #3 is amended and superseded as follows: This Civil Case Management Plan (Plan #4) is submitted by the parties in each of the above-captioned related cases (together, the Related Actions) in accordance with the Court's September 30, 2021 order and the October 30, 2021 Joint Status Report. Motions to Dismiss Later-Filed Related Actions and Amended Complaints. Plan #3, paragraph 7.2 is vacated. Plan #3, paragraph 8.2 is vacated, except to the extent that it vacated paragraph 8 of Plan #1 and paragraph 8.1 of Plan #2. Any complaint in the Related Actions amended pursuant to the September 30 Order or any amended complaint in any Later-Filed Related Action, shall be filed on March 7, 2022. Amendments of the complaints in the Related Actions after March 7, 2022 shall be either with the opposing party's written consent or the Court's leave. Plaintiffs reserve their rights, if any, to amend under Fed. R. Civ. P. 15(a)(1). Plan #3, paragraph 9.2 is vacated, except to the extent that it vacated paragraph 9 of Plan #1, as are any deadlines for Answers in so-ordered stipulations filed in any Related Action. The parties shall meet and confer no later than March 21, 2022 to set a deadline for Answers in all Related Actions and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 2/18/2022) (rro)
February 18, 2022 Filing 141 PROPOSED CASE MANAGEMENT PLAN. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
January 5, 2022 Opinion or Order Filing 140 MEMO ENDORSEMENT on #138 granting in part and denying in part #132 Letter Motion to Compel; granting in part and denying in part #134 Letter Motion to Compel. ENDORSEMENT: The Court is in receipt of Defendant Aon's pre-motion letter, dated, December 28, 2021, seeking a conference to discuss its contemplated motion to compel Plaintiff to add additional document custodians. (Dkt. #132, 134). The Court also received Plaintiff's letter in opposition, dated January 3, 2022. (Dkt. #136, 138). After reviewing the parties' submissions, the Court will dispense with the requirement to convene a pre-motion conference and decide Defendant's underlying motion to compel. Defendant's motion to compel is hereby GRANTED in part and DENIED in part. The Court will compel the addition only of the 10 NEBC members specified by Defendant as priority custodians (i.e., Mike Mizeur, Mark El-Tawil, Christopher Booth, Bryan Camerlinck, Thurman Justice, Tim Huckle, Karen Abraham, Andrew Corbin, Mark Stimpson, and Charles Divita). (Dkt. #132 at 1). There will be no additional custodians on top of these 10 individuals. In making this determination, the Court specifically relied on Exhibit 8 of Defendant's pre-motion submission, which is a November 16, 2021 letter from defense counsel to plaintiff's counsel, discussing the issue of custodians. (Dkt. #132-8). In that letter, Defendant articulated specific reasons why it believes these priority custodians likely possess unique and relevant documents. (Id. at 3-6). For eight of these custodians, Defendant cited specific documents produced in discovery as the basis for its belief that they possess unique and relevant information. (Dkt. #132-8 at 3-5). The two remaining custodians for whom Defendant did not cite specific documents as its basis for believing that they possess unique and relevant documents are Mark Stimpson and Charles Divita. As to Mr. Stimpson, Defendant noted that Plaintiff admitted in its interrogatory responses that Mr. Stimpson's role and period of service made it likely that he was knowledgeable about NEBC's Structured Alpha investments. (Id. at 5). And with respect to Mr. Divita, Defendant argued that his period of service as a member of both NEBC and its Investment Subcommittee made it likely that he had access to unique information about NEBC's Structured Alpha investments. (Id. at 5-6). On these bases, the Court is satisfied that Defendant has articulated a legitimate basis to believe that these 10 individuals are likely to possess unique and relevant documents. Accordingly, Plaintiff is ordered to designate these 10 individuals as document custodians and run the parties' previously agreed-upon search terms on the documents collected from these additional custodians. The Clerk of Court is directed to terminate the pending motions at docket entries 132 and 134.. (Signed by Judge Katherine Polk Failla on 1/5/2022) (rro)
January 4, 2022 Opinion or Order Filing 139 ORDER granting #137 Letter Motion to Seal. Application GRANTED. The above-specified exhibit associated with Plaintiff's submission shall be permitted to be filed under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the pending motion at docket entry 137. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/4/2022) (jca)
January 3, 2022 Filing 138 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Sean Gallagher dated January 3, 2022 re: #132 LETTER MOTION to Compel Plaintiff Blue Cross & Blue Shield Association National Employee Benefits Committee to add its own members as custodians and run the parties' previously agreed-on pre- and post-2016 search terms on those members' . Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee, Allianz Global Investors U.S. LLC, Aon Investments USA Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #137 .(Gallagher, Sean)
January 3, 2022 Filing 137 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Sean Gallagher dated January 3, 2022. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
January 3, 2022 Filing 136 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Sean Gallagher dated January 3, 2022 re: #132 LETTER MOTION to Compel Plaintiff Blue Cross & Blue Shield Association National Employee Benefits Committee to add its own members as custodians and run the parties' previously agreed-on pre- and post-2016 search terms on those members' . Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Gallagher, Sean)
December 29, 2021 Opinion or Order Filing 135 ORDER granting #133 Letter Motion to Seal. Application GRANTED. Defendant Aon shall be permitted to file the above-specified portions of its pre-motion submission in redacted form and under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the pending motion at docket entry 133. (Signed by Judge Katherine Polk Failla on 12/29/2021) (rro)
December 28, 2021 Filing 134 ***SELECTED PARTIES*** LETTER MOTION to Compel Plaintiff Blue Cross & Blue Shield Association National Employee Benefits Committee to add its own members as custodians and run the parties' previously agreed-on pre- and post-2016 search terms on those members' custodial files addressed to Judge Katherine Polk Failla from Renita Sharma dated December 28, 2021. Document filed by Aon Investments USA Inc., Allianz Global Investors U.S. LLC, Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 13, #5 Exhibit 14)Motion or Order to File Under Seal: #133 .(Sharma, Renita)
December 28, 2021 Filing 133 LETTER MOTION to Seal Letter Motion to Compel addressed to Judge Katherine Polk Failla from Renita Sharma dated December 28, 2021. Document filed by Aon Investments USA Inc...(Sharma, Renita)
December 28, 2021 Filing 132 LETTER MOTION to Compel Plaintiff Blue Cross & Blue Shield Association National Employee Benefits Committee to add its own members as custodians and run the parties' previously agreed-on pre- and post-2016 search terms on those members' custodial files addressed to Judge Katherine Polk Failla from Renita Sharma dated December 28, 2021. Document filed by Aon Investments USA Inc.. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21).(Sharma, Renita)
December 20, 2021 Opinion or Order Filing 131 STIPULATION AND CIVIL CASE MANAGEMENT PLAN #3: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties as follows: Plan #2 is amended and superseded as follows: This Civil Case Management Plan ("Plan #3") is submitted by the parties in each of the above-captioned related cases (together, the "Related Actions") in accordance with the Court's September 30, 2021 order and the October 30, 2021 Joint Status Report. Plan #3 supplements Civil Case Management Plan #1 ("Plan #1) (1:20-cv-5615-KPF, ECF No. 65) and Civil Case Management Plan #2 (1:20-cv-5615-KPF, ECF No. 108), which remain operative except as provided for herein. Capitalized terms not defined herein have the meaning set forth in Plan #1. Motions to Dismiss Later-Filed Related Actions and Amended Complaints. Plan #2, paragraph 7.1 is vacated. Plan #2, paragraph 8.1 is vacated, except to the extent that it vacated paragraph 8 of Plan #1. Any complaint in the Related Actions amended pursuant to the September 30 Order or any amended complaint in any Later-Filed Related Action, shall be filed on February 18, 2022. Amendments of the complaints in the Related Actions after February 18, 2022 shall be either with the opposing party's written consent or the Court's leave. Plaintiffs reserve their rights, if any, to amend under Fed. R. Civ. P. 15(a)(1). Plan #2, paragraph 9.1 is vacated, except to the extent that it vacated paragraph 9 of Plan #1, as are any deadlines for Answers in so-ordered stipulations filed in any Related Action. The parties shall meet and confer no later than March 4, 2022 to set a deadline for Answers in all Related Actions and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 12/20/2021) (rro)
December 20, 2021 Filing 130 PROPOSED CASE MANAGEMENT PLAN. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
December 16, 2021 Opinion or Order Filing 129 ORDER denying #117 Letter Motion to Compel; denying #120 Letter Motion to Compel; terminating #127 Letter Motion for Leave to File Document. The Court is in receipt of Plaintiff's letter, dated December 10, 2021, seeking a conference regarding Defendant Aon Investments USA Inc.'s ("Defendant") refusal to respond to Plaintiff's second set of interrogatories and accompanying set of requests for production. (Dkt. #120). The Court also received the above letter from Defendant, dated December 14, 2021, in opposition to Plaintiff's request. (Dkt. #126). After review of the parties' submissions, the Court finds that it need not convene a conference to resolve the instant discovery dispute. Therefore, Plaintiff's application for a conference on this topic is DENIED. Plaintiff's letter asserts two primary disagreements with Defendant's responses and objections to its second sets of interrogatories and document requests. First, Plaintiff argues that Defendant cannot refuse to answer interrogatories 2-12 on the grounds that there exists other means to acquire the requested information. Second, Plaintiff argues that Defendant cannot refuse to fully answer interrogatory 13, which seeks information related to the allocation and concentration of Structured Alpha in the investment portfolios of Defendant's other clients. The Court disagrees with Plaintiff on both points. With respect to interrogatories 2-12, for substantially the reasons outlined in Defendant's letter, the Court finds these interrogatories to violate of Local Rule 33.3(b). Most importantly, upon a close review of these interrogatories, the Court is not convinced that they "are a more practical method of obtaining the information sought than a request for production or deposition." L.R. 33.3(b). With respect to interrogatory 13, the Court finds that the information sought is disproportionate to the needs of the case as required by Federal Rule of Civil Procedure 26. The allocation and concentration of Structured Alpha in the investment portfolios of Defendant's other clients does not directly bear on the individualized investment advice that Defendant rendered to Plaintiff in its fiduciary capacity. To the extent Plaintiff intends to argue that Defendant encouraged Plaintiff to hold a concentration of Structured Alpha that was out of line with Defendant's recommendations to its other clients, Defendant has already agreed to produce documents related to other clients who are also Related Action Plaintiffs. Accordingly, Plaintiff's motion to compel Defendant to respond to interrogatories 2-12 and to compel Defendant to provide a fuller response to interrogatory 13 is hereby DENIED. The Clerk of Court is directed to terminate the pending motions at docket entries 117 and 120. In addition, as the Court has already permitted Defendant to file a redacted version of its opposition letter on the public docket (see Dkt. #125), the Clerk of Court is further directed to terminate the pending motion at docket entry 127. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/16/21) (yv)
December 15, 2021 Filing 128 ***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated December 14, 2021 re: Opposition to NEBC's letter (Dkt. 120) requesting a pre-motion conference. Document filed by Aon Investments USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #127 .(Sharma, Renita)
December 15, 2021 Filing 127 LETTER MOTION for Leave to File the pre-conference letter with redactions addressed to Judge Katherine Polk Failla from Renita Sharma dated December 14, 2021. Document filed by Aon Investments USA Inc...(Sharma, Renita)
December 15, 2021 Filing 126 LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated December 14, 2021 re: Opposition to NEBC's letter (Dkt. 120) requesting a pre-motion conference. Document filed by Aon Investments USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Sharma, Renita)
December 15, 2021 Opinion or Order Filing 125 ORDER granting #123 Letter Motion to Seal. Application GRANTED. Defendant's letter may be filed in redacted form on the public docket. (Dkt. #122). The Court will permit an unredacted version to be filed under seal, viewable only to the parties and the Court. (Dkt. #124). The Clerk of Court is directed to terminate the pending motion at docket entry 123. (Signed by Judge Katherine Polk Failla on 12/15/2021) (rro)
December 14, 2021 Filing 124 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Renita Sharma dated December 14, 2021 re: #120 LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated December 9, 2021. . Document filed by Allianz Global Investors U.S. LLC, Aon Investments USA Inc., Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #123 .(Sharma, Renita) Modified on 12/15/2021 (lb).
December 14, 2021 Filing 123 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Renita Sharma dated December 14, 2021. Document filed by Allianz Global Investors U.S. LLC..(Sharma, Renita) Modified on 12/15/2021 (lb).
December 14, 2021 Filing 122 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Renita Sharma dated December 14, 2021 re: #120 LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated December 9, 2021. . Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Sharma, Renita) Modified on 12/15/2021 (lb).
December 10, 2021 Opinion or Order Filing 121 ORDER granting #118 Letter Motion to Seal. Application GRANTED. Plaintiff may file under seal the materials specified in the above-filed letter. The Clerk of Court is directed to terminate the pending motion at docket entry 118. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/10/2021) (vfr)
December 10, 2021 Filing 120 ***SELECTED PARTIES*** LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated December 9, 2021. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee, Allianz Global Investors U.S. LLC, Aon Investments USA Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Motion or Order to File Under Seal: #118 .(Gallagher, Sean)
December 9, 2021 Filing 119 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #120 ) ***SELECTED PARTIES*** LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated December 9, 2021. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Motion or Order to File Under Seal: #118 .(Gallagher, Sean) Modified on 12/10/2021 (lb).
December 9, 2021 Filing 118 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Sean Gallagher dated December 9, 2021. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
December 9, 2021 Filing 117 LETTER MOTION to Compel Aon to produce addressed to Judge Katherine Polk Failla from Sean Gallagher dated December 9, 2021. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Gallagher, Sean)
December 8, 2021 Filing 116 NOTICE OF APPEARANCE by Misha Boutilier on behalf of Aon Investments USA Inc...(Boutilier, Misha)
November 5, 2021 Opinion or Order Filing 115 STIPULATED SECOND AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The Clerk of Court is directed to enter this order in all of the Related Actions listed in the caption above. (Signed by Judge Katherine Polk Failla on 11/5/2021) (rro) Modified on 11/9/2021 (rro).
November 4, 2021 Filing 114 PROPOSED PROTECTIVE ORDER. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Proposed Second Amended Protective Order, #2 Redline of Proposed Second Amended PO to Amended PO).(Giuffra, Robert)
November 1, 2021 Opinion or Order Filing 113 CIVIL CASE MANAGEMENT PLAN #2: This Civil Case Management Plan ("Plan #2") is submitted by the parties in each of the above-captioned related cases (together, the "Related Actions") in accordance with the Court's September 30, 2021 order and the October 29, 2021 Joint Status Report. Plan #2 supplements Civil Case Management Plan #1 ("Plan #1) (1:20-cv-5615-KPF, ECF No. 65), which remains operative except as provided for herein. Capitalized terms not defined herein have the meaning set forth in Plan #1. In those pending Related Actions filed after December 3, 2020 ("Later-Filed Related Actions") that were not subject to AllianzGI US's February 25, 2021 motion to dismiss (1:20-cv-5615-KPF, ECF No. 82) ("First-Round Motion to Dismiss") decided by the Court on September 30, 2021 (1:20-cv-5615-KPF, ECF No. 106) ("September 30 Order"), AllianzGI US or Allianz Global Investors Distributors LLC (together, "AllianzGI Defendants") will inform Plaintiffs in writing of the grounds on which AllianzGI Defendants intend to move to dismiss, if any, by November 22, 2021. To the extent no amended complaint is filed in any Later-Filed Related Action pursuant to Paragraph 8.1 and AllianzGI Defendants' grounds for dismissal remain unchanged from their November 22, 2021 writing, the Court's pre-motion letter practice for such Later-Filed Related Action is suspended and further set forth in this Order. Plan #1, paragraph 8 is vacated. Any complaint in the Related Actions amended pursuant to the September 30 Order or any amended complaint in any Later-Filed Related Action, shall be filed no later than January 7, 2022. Amendments of the complaints in the Related Actions after January 7, 2022 shall be either with the opposing party's written consent or the Court's leave. Plaintiffs reserve their rights, if any, to amend under Fed. R. Civ. P. 15(a)(1). Plan #1, paragraph 9 is vacated, as are any deadlines for Answers in so-ordered stipulations filed in any Related Action. The parties shall meet and confer no later than January 21, 2022 to set a deadline for Answers in all Related Actions. The Clerk of Court is directed to file this case management plan in all of the Related Actions listed in the caption above. (Amended Pleadings due by 1/7/2022.) (Signed by Judge Katherine Polk Failla on 11/1/2021) (rro)
October 29, 2021 Filing 112 STATUS REPORT. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Exhibit Proposed Case Management Plan #2).(Giuffra, Robert)
October 12, 2021 Opinion or Order Filing 111 ORDER granting #110 Motion to Withdraw #110 MOTION to Withdraw re: Aon's Letter Motion to Compel. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 110. (Signed by Judge Katherine Polk Failla on 10/12/2021) (rro)
October 8, 2021 Filing 110 MOTION to Withdraw re: Aon's Letter Motion to Compel. Document filed by Aon Investments USA Inc...(Sharma, Renita)
October 4, 2021 Opinion or Order Filing 109 MEMO ENDORSEMENT: on re: #108 Letter filed by Aon Investments USA Inc. ENDORSEMENT: Application GRANTED. The Court will permit the parties one additional week to meet and confer regarding this discovery dispute. The parties are directed to file a final status update on or before October 8, 2021. In light of the consistent progress toward a resolution that the parties have conveyed to the Court in the weeks since Defendant Aon filed its initial letter motion, the Court will not grant any further extensions for the parties to provide an update on this discovery dispute. Unless and until Defendant Aon believes the parties have reached an impasse, the Court will permit the parties to continue discovery in the normal course. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/04/2021) (ama)
October 1, 2021 Filing 108 JOINT LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated 10/01/2021 re: Aon's Letter-Motion to Compel. Document filed by Aon Investments USA Inc...(Sharma, Renita)
September 30, 2021 Opinion or Order Filing 107 OPINION AND ORDER re: (70 in 1:20-cv-07952-KPF) MOTION to Dismiss the First Amended Complaint filed by Allianz Global Investors U.S. LLC, (52 in 1:20-cv-07842-KPF) MOTION to Dismiss the First Amended Complaint filed by Allianz Global Investors U.S. LLC, (62 in 1:20-cv-09479-KPF) MOTION to Dismiss the Complaint. filed by Allianz Global Investors U.S. LLC, (82 in 1:20-cv-05615-KPF) MOTION to Dismiss the Complaint. filed by Allianz Global Investors U.S. LLC, (44 in 1:20-cv-10028-KPF) MOTION to Dismiss the First Amended Complaint filed by Allianz Global Investors U.S. LLC, (62 in 1:20-cv-09478-KPF) MOTION to Dismiss the Complaint filed by Allianz Global Investors U.S. LLC, (51 in 1:20-cv-09587-KPF) MOTION to Dismiss the Complaint filed by Allianz Global Investors U.S. LLC, (54 in 1:20-cv-05817-KPF) MOTION to Dismiss the Second Amended Complaint filed by Allianz Global Investors U.S. LLC, (54 in 1:20-cv-07061-KPF) MOTION to Dismiss the First Amended Complaint filed by Allianz Global Investors U.S. LLC, (71 in 1:20-cv-07606-KPF) MOTION to Dismiss the Complaint filed by Allianz Global Investors U.S. LLC, (70 in 1:20-cv-07154-KPF) MOTION to Dismiss the Second Amended Complaint filed by Allianz Global Investors U.S. LLC. For the reasons set forth above, Defendant's motions to dismiss are GRANTED IN PART and DENIED IN PART as set forth in this Opinion. Plaintiffs are hereby ORDERED to notify the Court, on or before October 30, 2020, regarding whether they will file amended pleadings. The Clerk of Court is directed to docket this Opinion in case numbers No. 20 Civ. 5615, No. 20 Civ. 5817, No. 20 Civ. 7061, No. 20 Civ. 7154, No. 20 Civ. 7606, No. 20 Civ. 7842, No. 20 Civ. 7952, No. 20 Civ. 8642, No. 20 Civ. 9478, No. 20 Civ. 9479, No. 20 Civ. 9587, and No. 20 Civ. 10028. The Clerk of Court is further directed to terminate the motions pending at No. 20 Civ. 5615, Dkt. #82; No. 20 Civ. 5817, Dkt. #54; No. 20 Civ. 7061, Dkt. #54; No. 20 Civ. 7154, Dkt. #70; No. 20 Civ. 7606, Dkt. #71; No. 20 Civ. 7842, Dkt. #52; No. 20 Civ. 7952, Dkt. #70; No. 20 Civ. 9478, Dkt. #62; No. 20 Civ. 9479, Dkt. #62; No. 20 Civ. 9587, Dkt. #51; and No. 20 Civ. 10028, Dkt. #44. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/30/2021) (mml)
September 27, 2021 Filing 106 MEMO ENDORSEMENT on re: #105 Letter filed by Aon Investments USA Inc. ENDORSEMENT: Application GRANTED. The Court will permit the parties an additional week to meet and confer regarding this discovery dispute. The parties are directed to file a further status update on or before October 1, 2021. (Signed by Judge Katherine Polk Failla on 9/27/2021) (rro)
September 24, 2021 Filing 105 JOINT LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated September 24, 2021 re: Status report. Document filed by Aon Investments USA Inc...(Sharma, Renita)
September 13, 2021 Filing 104 MEMO ENDORSEMENT on re: #103 Letter filed by Aon Investments USA Inc. ENDORSEMENT: Application GRANTED. The Court will permit the parties an additional two weeks to meet and confer regarding this discovery dispute. The parties are directed to file a further status update on or before September 24, 2021. (Signed by Judge Katherine Polk Failla on 9/13/2021) (rro)
September 10, 2021 Filing 103 JOINT LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated September 10, 2021 re: Aon's Letter-Motion to Compel. Document filed by Aon Investments USA Inc...(Sharma, Renita)
August 30, 2021 Opinion or Order Filing 102 MEMO ENDORSEMENT on re: #101 Letter Letter-Motion to Compel filed by Aon Investments USA Inc. ENDORSEMENT: Application GRANTED. The Court will permit the parties an additional two weeks to meet and confer regarding this discovery dispute. The parties are directed to file a further status update on or before September 10, 2021. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/30/21) (yv)
August 27, 2021 Filing 101 JOINT LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated August 27, 2021 re: Aon's Letter-Motion to Compel. Document filed by Aon Investments USA Inc...(Sharma, Renita)
August 23, 2021 Filing 100 MEMO ENDORSEMENT on re: #99 Letter filed by Aon Investments USA Inc. ENDORSEMENT: Application GRANTED. The Court will permit the parties an additional week to meet and confer regarding this discovery dispute. The parties are directed to file a further status update on or before August 27, 2021. (Signed by Judge Katherine Polk Failla on 8/23/2021) (rro)
August 20, 2021 Filing 99 JOINT LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated August 20, 2021 re: Aon's Letter-Motion to Compel. Document filed by Aon Investments USA Inc...(Sharma, Renita)
August 16, 2021 Filing 98 MEMO ENDORSEMENT on re: #97 Letter filed by Aon Investments USA Inc. ENDORSEMENT: Application GRANTED. The Court will permit the parties an additional week to meet and confer regarding this discovery dispute. The parties are directed to file a further status update on or before August 20, 2021. (Signed by Judge Katherine Polk Failla on 8/16/2021) (rro)
August 13, 2021 Filing 97 JOINT LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated 08/13/2021 re: Aon's Letter-Motion to Compel. Document filed by Aon Investments USA Inc...(Sharma, Renita)
August 6, 2021 Opinion or Order Filing 96 MEMO ENDORSEMENT: on re: #95 Letter filed by Aon Investments USA Inc. ENDORSEMENT: The Court is in receipt of the parties' letter regarding the pre- motion conference to discuss Defendant Aon's anticipated motion to compel. (Dkt. #95). Given the parties' update apprising the Court of the evolving status of this discovery dispute, the conference scheduled for August 6, 2021 is hereby ADJOURNED sine die. The parties are directed to submit a joint status report on the parties' efforts related to this discovery dispute by August 13, 2021. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/06/2021) (ama) Modified on 8/29/2021 (ama).
August 6, 2021 Filing 95 JOINT LETTER addressed to Judge Katherine Polk Failla from Renita Sharma dated August 6, 2021 re: Telephonic Hearing Regarding Aon's Letter-Motion to Compel. Document filed by Aon Investments USA Inc...(Sharma, Renita)
August 6, 2021 NOTICE ADJOURNING CONFERENCE re: #95 Letter : In light of the parties joint letter dated 8/6/2021, the conference scheduled for 2:00 p.m. on 8/6/2021 is ADJOURNED sine die. ***No PDF is attached to this entry. (tn)
July 28, 2021 Opinion or Order Filing 94 ORDER granting #88 Letter Motion to Compel; granting #89 Letter Motion to Seal; granting #90 Letter Motion to Compel; granting #92 Letter Motion to Seal. Application GRANTED. The Court has reviewed the parties' submissions related to Defendant Aon's proposed motion to compel discovery in the above- captioned matter (Dkt. #88, 90, 91, 93), as well as the parties' associated motions to seal certain exhibits containing sensitive or confidential information (Dkt. #89, 92). The parties are hereby ORDERED to appear for a telephone conference regarding the motion on August 6, at 2:00 p.m. The dial-in information is as follows: At 2:00 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 2:00 p.m. It is the Court's hope that the parties will meet and confer regarding this dispute prior to this conference. The Court further GRANTS both parties' requests to file certain confidential or sensitive information under seal pursuant to the terms of the Protective Order entered into in this case and the Court's Individual Rules of Practice. The Clerk of Court is directed to terminate the pending motions at docket entries 88, 89, 90, and 92. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/28/2021) (rj)
July 28, 2021 Set/Reset Hearings: Telephone Conference set for 8/6/2021 at 02:00 PM before Judge Katherine Polk Failla. (rj)
July 22, 2021 Filing 93 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Sean Gallagher dated July 22, 2021 re: #88 LETTER MOTION to Compel Plaintiff Blue Cross & Blue Shield Association National Employee Benefits Committee to produce discovery concerning its Chief Investment Executive Jamey Sharpe and documents from before 2016 addressed to Judge Kath . Document filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #92 .(Gallagher, Sean)
July 22, 2021 Filing 92 LETTER MOTION to Seal Letter Response to Motion to Compel addressed to Judge Katherine Polk Failla from Sean Gallagher dated July 22, 2021. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
July 22, 2021 Filing 91 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Sean Gallagher dated July 22, 2021 re: #88 LETTER MOTION to Compel Plaintiff Blue Cross & Blue Shield Association National Employee Benefits Committee to produce discovery concerning its Chief Investment Executive Jamey Sharpe and documents from before 2016 addressed to Judge Kath . Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Gallagher, Sean)
July 19, 2021 Filing 90 ***SELECTED PARTIES*** LETTER MOTION to Compel Plaintiff Blue Cross & Blue Shield Association National Employee Benefits Committee to produce discovery concerning its Chief Investment Executive Jamey Sharpe and documents from before 2016 addressed to Judge Katherine Polk Failla from Renita Sharma dated July 19, 2021. Document filed by Aon Investments USA Inc., Allianz Global Investors U.S. LLC, Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 15)Motion or Order to File Under Seal: #89 .(Sharma, Renita)
July 19, 2021 Filing 89 LETTER MOTION to Seal Letter Motion to Compel addressed to Judge Katherine Polk Failla from Renita Sharma dated July 19, 2021. Document filed by Aon Investments USA Inc...(Sharma, Renita)
July 19, 2021 Filing 88 LETTER MOTION to Compel Plaintiff Blue Cross & Blue Shield Association National Employee Benefits Committee to produce discovery concerning its Chief Investment Executive Jamey Sharpe and documents from before 2016 addressed to Judge Katherine Polk Failla from Renita Sharma dated July 19, 2021. Document filed by Aon Investments USA Inc.. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17).(Sharma, Renita)
July 13, 2021 Filing 87 NOTICE OF APPEARANCE by James J. Regan on behalf of Allianz Global Investors U.S. LLC..(Regan, James)
May 27, 2021 Filing 86 LETTER addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 5/27/2021 re: Courtesy Copy of Motion to Dismiss. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
May 26, 2021 Filing 85 REPLY MEMORANDUM OF LAW in Support re: #71 MOTION to Dismiss the Complaint. . Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
May 17, 2021 Opinion or Order Filing 84 MEMO ENDORSEMENT on re: (74 in 1:20-cv-09478-KPF) Letter filed by Allianz Global Investors U.S. LLC, (102 in 1:20-cv-05615-KPF) Letter filed by Allianz Global Investors U.S. LLC, (109 in 1:20-cv-08642-KPF) Letter filed by Allianz Global Investors U.S. LLC, (81 in 1:20-cv-07952-KPF) Letter filed by Allianz Global Investors U.S. LLC, (72 in 1:20-cv-07061-KPF) Letter filed by Allianz Global Investors U.S. LLC, (89 in 1:20-cv-07154-KPF) Letter filed by Allianz Global Investors U.S. LLC, (56 in 1:20-cv-10028-KPF) Letter filed by Allianz Global Investors U.S. LLC, (66 in 1:20-cv-05817-KPF) Letter filed by Allianz Global Investors U.S. LLC, (61 in 1:20-cv-09587-KPF) Letter filed by Allianz Global Investors U.S. LLC, (64 in 1:20-cv-07842-KPF) Letter filed by Allianz Global Investors U.S. LLC, (83 in 1:20-cv-07606-KPF) Letter filed by Allianz Global Investors U.S. LLC, (74 in 1:20-cv-09479-KPF) Letter filed by Allianz Global Investors U.S. LLC. ENDORSEMENT: The Court adopts Defendants' proposal regarding courtesy copies of the parties' submissions for the pending motions to dismiss in these cases. The Clerk of Court is directed to docket this Order in case numbers 20 Civ. 5615, 20 Civ. 5817, 20 Civ. 7061, 20 Civ. 7154, 20 Civ. 7606, 20 Civ. 7842, 20 Civ. 7952, 20 Civ. 8642, 20 Civ. 9478, 20 Civ. 9479, 20 Civ. 9587, and 20 Civ. 10028. (Signed by Judge Katherine Polk Failla on 5/17/2021) (rro)
May 14, 2021 Filing 83 LETTER addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 5/14/2021 re: Courtesy Copy of Motion to Dismiss. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
April 23, 2021 Opinion or Order Filing 82 STIPULATION AND ORDER REGARDING THE FILING OF PLAINTIFFS' OMNIBUS BRIEF AND ACCOMPANYING SUBMISSIONS IN OPPOSITION TO DEFENDANT ALLIANZ GLOBAL INVESTORS U.S. LLC'S MOTIONS TO DISMISS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties, through their undersigned counsel, as follows: Plaintiffs' Joint Opposition Papers will be filed once in the case captioned Arkansas Teacher Retirement System v. Allianz Global Investors U.S. LLC, No. 20 Civ. 5615 (KPF), and for the convenience of the Court and the Parties and by operation of this Stipulation, Plaintiffs' Joint Opposition Papers shall be deemed filed in each of the other Related Actions. (Signed by Judge Katherine Polk Failla on 4/23/2021) (nb)
April 23, 2021 Filing 81 JOINT LETTER addressed to Judge Katherine Polk Failla from Sean Gallagher dated April 23, 2021 re: Omnibus Opposition. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
April 23, 2021 Filing 80 PROPOSED STIPULATION AND ORDER. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
April 21, 2021 Opinion or Order Filing 79 STIPULATED AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/21/2021) (vf)
April 21, 2021 Filing 78 JOINT LETTER addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 4/21/2021 re: Proposed Amended Protective Order. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Proposed Amended Protective Order, #2 Redline of Proposed Amended Protective Order to Stipulated Protective Order).(Giuffra, Robert)
March 29, 2021 NOTICE TERMINATING LETTER MOTIONS FOR ORAL ARGUMENT re: (74 in 1:20-cv-07606-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (59 in 1:20-cv-07061-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (73 in 1:20-cv-07952-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (65 in 1:20-cv-09479-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (57 in 1:20-cv-05817-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (65 in 1:20-cv-09478-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (55 in 1:20-cv-07842-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (99 in 1:20-cv-08642-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (75 in 1:20-cv-07154-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (47 in 1:20-cv-10028-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (54 in 1:20-cv-09587-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021, (85 in 1:20-cv-05615-KPF) LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021: The Court will reach out to the parties if/as appropriate to schedule oral argument. ***No PDF is attached to this entry. (tn)
March 26, 2021 Filing 77 DECLARATION of Robert J. Giuffra, Jr. in Support re: #71 MOTION to Dismiss the Complaint.. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D1, #5 Appendix D2, #6 Appendix D3, #7 Exhibit 1-3, #8 Exhibit 4-6, #9 Exhibit 7-11, #10 Exhibit 12-14, #11 Exhibit 15-16, #12 Exhibit 17-21, #13 Exhibit 22-24, #14 Exhibit 25-26, #15 Exhibit 27-28, #16 Exhibit 29-30, #17 Exhibit 31-36, #18 Exhibit 37-38, #19 Exhibit 39-41, #20 Exhibit 42-43, #21 Exhibit 44-45, #22 Exhibit 46-48, #23 Exhibit 49-50, #24 Exhibit 51, #25 Exhibit 52-53, #26 Exhibit 54-55, #27 Exhibit 56-59, #28 Exhibit 60-62, #29 Exhibit 63-65, #30 Exhibit 66-68, #31 Exhibit 69-70, #32 Exhibit 71-72, #33 Exhibit 73-78, #34 Exhibit 79, #35 Exhibit 80-81, #36 Exhibit 82-84, #37 Exhibit 85-86, #38 Exhibit 87-89, #39 Exhibit 90-93, #40 Exhibit 94-103, #41 Exhibit 104-107, #42 Exhibit 108-109).(Giuffra, Robert)
March 26, 2021 Opinion or Order Filing 76 ORDER granting #75 Letter Motion to Seal. Application GRANTED. Due to the sensitive information contained therein, the docket entries specified above shall be sealed, viewable only to the Court and parties. (Signed by Judge Katherine Polk Failla on 3/26/2021) (nb)
March 26, 2021 Filing 75 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 03/26/2021. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
February 26, 2021 Filing 74 LETTER MOTION for Oral Argument in Connection with Motion to Dismiss addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/25/2021. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
February 25, 2021 Filing 73 DECLARATION of Robert J. Giuffra, Jr. in Support re: #71 MOTION to Dismiss the Complaint.. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D1, #5 Appendix D2, #6 Appendix D3, #7 Exhibit 1-3, #8 Exhibit 4-6, #9 Exhibit 7-11, #10 Exhibit 12-14, #11 Exhibit 15-16, #12 Exhibit 17-21, #13 Exhibit 22-24, #14 Exhibit 25-26, #15 Exhibit 27-28, #16 Exhibit 29-30, #17 Exhibit 31-36, #18 Exhibit 37-38, #19 Exhibit 39-41, #20 Exhibit 42-43, #21 Exhibit 44-45, #22 Exhibit 46-48, #23 Exhibit 49-50, #24 Exhibit 51, #25 Exhibit 52-53, #26 Exhibit 54-55, #27 Exhibit 56-59, #28 Exhibit 60-62, #29 Exhibit 63-65, #30 Exhibit 66-68, #31 Exhibit 69-70, #32 Exhibit 71-72, #33 Exhibit 73-78, #34 Exhibit 79, #35 Exhibit 80-81, #36 Exhibit 82-84, #37 Exhibit 85-86, #38 Exhibit 87-89, #39 Exhibit 90-93, #40 Exhibit 94-103, #41 Exhibit 104-107, #42 Exhibit 108-109).(Giuffra, Robert)
February 25, 2021 Filing 72 MEMORANDUM OF LAW in Support re: #71 MOTION to Dismiss the Complaint. . Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
February 25, 2021 Filing 71 MOTION to Dismiss the Complaint. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
February 17, 2021 Opinion or Order Filing 70 JOINT REMOTE DEPOSITION PROTOCOL AND ORDER: This Joint Remote Deposition Protocol and Order (the Remote Deposition Protocol) is submitted by the parties (each a Party, and collectively the Parties) in each of the abovecaptioned related actions (together, the Related Actions) in accordance with Civil Case Management Plan #1 entered by the Court on December 7, 2020 (the Case Management Plan) and the Joint Discovery Plan and Order entered by the Court on January 26, 2021 (the Discovery Plan). This Remote Deposition Protocol shall govern all depositions conducted remotely (each a Remote Deposition) in each of the Related Actions along with the Case Management Plan, the Discovery Plan, the Stipulation and Order Regarding ESI Protocol entered by the Court on December 22, 2020 (the ESI Protocol) and the Stipulated Protective Order entered by the Court on December 22, 2020 (the Protective Order). Should any conflict exist between this Remote Deposition Protocol, the Discovery Plan, the ESI Protocol, or the Protective Order, the provisions of this Remote Deposition Protocol shall prevail. (As further set forth in this Order.) The Clerk of Court is directed to docket this Order in case numbers20-cv-5615, 20-cv-5817, 20-cv-7061, 20-cv-7154, 20-cv-7606, 20-cv-7842,20-cv-7952, 20-cv-8642, 20-cv-9478, 20-cv-9479, 20-cv-9587, 20-cv-10028,and 20-cv-10848. (Signed by Judge Katherine Polk Failla on 2/17/2021) (nb)
February 16, 2021 Filing 69 PROPOSED STIPULATION AND ORDER. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
February 2, 2021 Opinion or Order Filing 68 ORDER granting in part and denying in part #50 Letter Motion for Leave to File Excess Pages. Application GRANTED in part and DENIED in part. The Court is in receipt of the parties' request for excess pages, and adopts the following page limits: The parties' opening and opposition "omnibus" briefs shall not exceed 60 pages. Defendants' reply brief shall not exceed 30 pages. The parties' opening and opposition briefing in case number 20 Civ. 7061 shall not exceed 30 pages. Defendants' reply brief shall not exceed 12 pages. The parties' opening and opposition briefing in case number 20 Civ. 7154 shall not exceed 12 pages. Defendant's reply brief shall not exceed 6 pages. The Clerk of Court is directed to docket this Order in case numbers 20-cv-5615, 20-cv-5817, 20-cv-7061, 20-cv-7154, 20- cv-7606, 20-cv-7842, 20-cv-7952, 20-cv-8642, 20-cv-9478, 20-cv-9479, 20-cv-9587, 20-cv-10028, and 20-cv-10848. (Signed by Judge Katherine Polk Failla on 2/2/2021) (nb)
February 1, 2021 Filing 67 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 02/01/2021. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
January 26, 2021 Opinion or Order Filing 66 JOINT DISCOVERY PLAN AND ORDER: This Joint Discovery Plan and Order (the Order) is submitted by the parties (each a Party, and collectively the Parties) in each of the above-captioned related cases (together, the Related Actions) in accordance with Civil Case Management Plan #1 entered by the Court on December 7, 2020 (the Case Management Plan). This Order shall govern discovery and the conduct of depositions in each of the Related Actions along with the Case Management Plan, the Stipulation and Order Regarding ESI Protocol entered by the Court on December 22, 2020 (the ESI Protocol) and the Stipulated Protective Order entered by the Court on December 22, 2020 (the Protective Order). Should any conflict exist between this Order, the ESI Protocol, or the Protective Order, the provisions of this Order shall prevail. The Clerk of Court is directed to docket this Order in case numbers 20-cv-5615, 20-cv-5817, 20-cv-7061, 20-cv-7154, 20-cv-7606, 20-cv-7842, 20- cv-7952, 20-cv-8642, 20-cv-9478, 20-cv-9479, 20-cv-9587,20-cv-10028, and 20-cv-10848. (Signed by Judge Katherine Polk Failla on 1/26/2021) (nb)
January 25, 2021 Filing 65 PROPOSED STIPULATION AND ORDER. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
January 14, 2021 Filing 64 NOTICE OF APPEARANCE by Jacob Michael Croke on behalf of Allianz Global Investors U.S. LLC..(Croke, Jacob)
December 29, 2020 Opinion or Order Filing 63 ORDER FOR ADMISSION PRO HAC VICE granting #62 MOTION for Dawson K. Robinson to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion pending at docket entry 62. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/29/2020) (jca)
December 28, 2020 Filing 62 MOTION for Dawson K. Robinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23227531. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Gallagher, Sean)
December 28, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #62 MOTION for Dawson K. Robinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23227531. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 22, 2020 Opinion or Order Filing 61 STIPULATION AND ORDER REGARDING ESI PROTOCOL: The parties ("Parties") in the above-captioned actions ("Related Actions") have agreed to the terms of this Stipulation and [Proposed] Order Regarding ESI Protocol ("ESI Protocol") to govern the form of productions made by the Parties. Accordingly, it is ORDERED: Absent special circumstances, the specifications set forth in this ESI Protocol shall govern the production of all documents and electronically stored information ("ESI") by the Parties during discovery in the Related Actions and further set forth in this Order. The Clerk of Court is directed to docket this Order in case numbers 20-cv-5615, 20-cv-5817, 20-cv-7061, 20-cv-7154, 20-cv-7606, 20-cv-7842, 20-cv-7952, 20-cv-8642, 20-cv-9478, 20-cv-9479, 20-cv-9587, and 20-cv-10028. (Signed by Judge Katherine Polk Failla on 12/22/2020) (rro)
December 22, 2020 Opinion or Order Filing 60 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. The Clerk of Court is directed to docket this Order in case numbers 20-cv-5615, 20-cv-5817, 20-cv-7061, 20-cv-7154, 20-cv-7606, 20-cv-7842, 20-cv-7952, 20-cv-8642, 20-cv-9478, 20-cv-9479, 20-cv-9587, and 20-cv-10028. (Signed by Judge Katherine Polk Failla on 12/22/2020) (rro)
December 22, 2020 Filing 59 PROPOSED STIPULATION AND ORDER. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
December 22, 2020 Filing 58 PROPOSED PROTECTIVE ORDER. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
December 22, 2020 Filing 57 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #59) - PROPOSED STIPULATION AND ORDER. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert) Modified on 12/22/2020 (ldi).
December 22, 2020 Filing 56 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #58) - PROPOSED PROTECTIVE ORDER. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert) Modified on 12/22/2020 (ldi).
December 11, 2020 Opinion or Order Filing 55 STIPULATION AND ORDER OF PARTIAL DISMISSAL WITHOUT PREJUDICE: NOW, THEREFORE, the Committee and Aon stipulate and agree that: Pursuant to Fed. R. Civ. P. 41(a)(1), the Committee hereby dismisses the Common Law Count without prejudice, effective immediately. Aon admits and will not dispute that at all relevant times, Aon was a fiduciarywithin the meaning of ERISA 3(21)(A)(ii) (29 U.S.C. 1002(21)(A)(ii)) because it was rendering or had the authority or responsibility to render "investment advice for a fee" to the Committee with respect to Plan assets held in the National Retirement Trust of the Blue Cross and Blue Shield Association, and Aon acted in an ERISA fiduciary capacity with respect to its conduct and omissions as alleged in the Committee's Complaint ("Fiduciary Status"). Aon will neither challenge such Fiduciary Status nor the application of ERISA in the above-captioned matter. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 12/10/2020) (cf)
December 10, 2020 Filing 54 PROPOSED STIPULATION AND ORDER. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Mollen, Abby)
December 7, 2020 Filing 53 CIVIL CASE MANAGEMENT PLAN #1: 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). AllianzGI US's Opening Brief(s): February 25, 2021. Plaintiffs' Opposition Brief(s): 4/26/2021. AllianzGI US's Reply(ies): May 26, 2021. Any amendments of the complaints in the Related Actions after December 24, 2020 shall be either with the opposing party's written consent or the Court's leave. Plaintiffs reserve their rights to amend under Fed. R. Civ. P. 15(a)(1). Fact discovery shall be completed no later than June 10, 2022. The Court does not anticipate granting any extensions of fact discovery. Pretrial Conference set for 6/14/2022 at 02:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 12/7/2020) (rro) Modified on 12/7/2020 (rro).
December 7, 2020 Opinion or Order Filing 52 SCHEDULING ORDER: First, the Court adopts Defendants' proposal to stay motions to dismiss any complaints in actions filed after December 3, 2020, until after resolution of the anticipated motions to dismiss to be filed in the Related Actions. Second, the Court clarifies that the Court is dispensing with the requirement for pre-motion letters only for Defendants' anticipated motions to dismiss. (See CMP paragraph 10). The parties are otherwise expected to comply with the Court's Individual Rules, including the requirement to submit pre-motion letters for all other motions. Third, the Court adopts Defendants' proposed fact discovery deadline of June 10, 2022, with the understanding that the fact discovery deadline will almost certain not be extended further, even were new exceptional circumstances to emerge. (See CMP paragraph 12.f). While the Court is sympathetic to Plaintiffs' approach, the Court is loath to enter into a case management plan that invites the parties to request a further extension of fact discovery. The Court prefers to give the parties extra time up front with the proviso that no further time will be granted. Fifth, the Court has set the expert discovery deadline for six months after the close of fact discovery. Sixth, the Court has adopted Defendants' proposed modification tospecify that no other interrogatories are permitted except upon prior expresspermission of the Court. The Clerk of Court is directed to docket this Order in case numbers 20-cv-5615, 20-cv-5817, 20-cv-7061, 20-cv-7154, 20-cv-7606, 20-cv-7842, 20-cv-7952, 20-cv-8642, 20-cv-9478, 20-cv-9479, 20-cv-9587, and 20-cv-10028 and further set forth in this Order. Fact Discovery due by 6/10/2022. (Signed by Judge Katherine Polk Failla on 12/7/2020) (rro)
December 7, 2020 Set/Reset Deadlines: ( Brief due by 2/25/2021., Reply to Response to Brief due by 5/26/2021., Responses to Brief due by 4/26/2021), Set/Reset Hearings:( Pretrial Conference set for 6/14/2022 at 02:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (rro)
December 3, 2020 Filing 51 STATUS REPORT. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Exhibit Proposed Civil Case Management Plan).(Giuffra, Robert)
December 1, 2020 Opinion or Order Filing 50 ORDER granting #49 Letter Motion for Extension of Time to File. Application GRANTED. The Clerk of Court is directed to docket this Orderin case numbers 20-cv-5615, 20-cv-5817, 20-cv-7061, 20-cv-7154, 20-cv-7606, 20-cv-7842, 20-cv-7952, 20-cv-8642, 20-cv-9478, 20-cv-9479, and20-cv-9587. (Signed by Judge Katherine Polk Failla on 12/1/2020) (rro)
December 1, 2020 Filing 49 JOINT LETTER MOTION for Extension of Time to File Case Management Submission addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 12/1/2020. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
November 17, 2020 Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 11/17/2020. Attorneys Frederic Scott Fox Sr., Michael Dains Blatchley, James Abram Harrod (20cv5615, 20cv7952, 20cv8642, 20cv9478 and 20cv9479); Steven Lawrence Bloch (20cv5817); Jonathan Lee Hochman (20cv7061); William Curtis Fredericks (20cv7154); Sean W. Gallagher, Abby M. Mollen (20cv7606); and Javier Bleichmar (20cv7842), representing Plaintiffs present. Attorneys Robert Joseph Giuffra and Robert A. Skinner representing Allianz Defendants present. Attorneys Renita Sharma and Richard Irving Werder representing Aon Investments USA Inc. (20cv7606) present. On or before 12/1/2020, the parties shall submit a joint proposed framework for the next steps of case management. (See transcript). (Court Reporter Khris Sellin) (tn)
November 16, 2020 Filing 48 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Allianz Global Investors U.S. Holdings LLC, Other Affiliate Allianz SE for Allianz Global Investors U.S. LLC. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
November 16, 2020 Filing 47 LETTER addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 11/16/2020 re: Related Actions. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Exhibit Chart of Related Actions).(Giuffra, Robert)
November 12, 2020 Filing 46 JOINT LETTER addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated 11/12/2020 re: Initial Pretrial Conference. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
November 10, 2020 Opinion or Order Filing 45 ORDER FOR ADMISSION PRO HAC VICE granting #43 Motion for Anthony F. Shelley to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/10/2020) (nb)
November 9, 2020 Opinion or Order Filing 44 SCHEDULING ORDER: The joint initial pretrial conference scheduled for November 17, 2020, will be held via video conference, with remote, listen-only audio access for the public available by using dial-in (888) 363-4749 and access code 5123533. The video link will be provided to participants in advance of the conference. The parties to each case shall file a joint pre-conference letter for that case on or before Thursday, November 12, 2020, as required by the Court's Order providing notice of the initial pretrial conference. The parties need not submit a proposed case management plan at this time. The Clerk of Court is directed to docket this Order in case numbers 20-cv-5615, 20-cv-5817, 20-cv-7061, 20-cv-7154, 20-cv-7606, 20-cv-7842, 20-cv-7952, and 20-cv-8642. (Initial Conference set for 11/17/2020 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/9/2020) (rro)
November 9, 2020 Filing 43 MOTION for Anthony F. Shelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22499308. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order Proposed Order).(Shelley, Anthony)
November 9, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #43 MOTION for Anthony F. Shelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22499308. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 4, 2020 Filing 42 NOTICE OF APPEARANCE by Stephanie G Wheeler on behalf of Allianz Global Investors U.S. LLC..(Wheeler, Stephanie)
October 8, 2020 Opinion or Order Filing 41 ORDER FOR ADMISSION PRO HAC VICE granting #36 Motion for Robert A. Skinner to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 36. (Signed by Judge Katherine Polk Failla on 10/8/2020) (rro)
October 8, 2020 Opinion or Order Filing 40 ORDER FOR ADMISSION PRO HAC VICE granting #35 Motion for Amy D. Roy to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 35. (Signed by Judge Katherine Polk Failla on 10/8/2020) (rro)
October 8, 2020 Opinion or Order Filing 39 ORDER FOR ADMISSION PRO HAC VICE granting #37 Motion for Cole A. Goodman to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 37. (Signed by Judge Katherine Polk Failla on 10/8/2020) (rro)
October 8, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Cole A. Goodman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22030148. Motion and supporting papers to be reviewed by Clerk's Office staff., #36 MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22029679. Motion and supporting papers to be reviewed by Clerk's Office staff., #35 MOTION for Amy D. Roy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22029645. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 7, 2020 Filing 38 NOTICE OF APPEARANCE by Mary Elizabeth Brust on behalf of Allianz Global Investors U.S. LLC..(Brust, Mary)
October 7, 2020 Filing 37 MOTION for Cole A. Goodman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22030148. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allianz Global Investors U.S. LLC..(Goodman, Cole)
October 7, 2020 Filing 36 MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22029679. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allianz Global Investors U.S. LLC..(Skinner, Robert)
October 7, 2020 Filing 35 MOTION for Amy D. Roy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22029645. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allianz Global Investors U.S. LLC..(Roy, Amy)
September 28, 2020 Opinion or Order Filing 34 ORDER FOR ADMISSION PRO HAC VICE granting #32 Motion for Michael Liftik to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 32. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/28/2020) (rro)
September 25, 2020 Filing 33 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/17/2020 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 9/25/2020) (rro)
September 25, 2020 Filing 32 MOTION for Michael Liftik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21849331. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aon Investments USA Inc.. (Attachments: #1 Affidavit of Michael Liftik In Support, #2 Certificate of Good Standing - California, #3 Certificate of Good Standing - District of Columbia, #4 Certificate of Good Standing - Massachusetts, #5 Text of Proposed Order).(Liftik, Michael)
September 25, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Michael Liftik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21849331. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 23, 2020 Opinion or Order Filing 31 STIPULATION AND ORDER REGARDING WAIVER OF SERVICE AND TIME TO RESPOND TO THE COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and Defendants, through their respective undersigned counsel, as follows: Subject to the provisions set forth in paragraph 2 below and the reservation of rights in paragraph 3 below, Defendants waive service of the Summons and Complaint, and waive any objections to the absence of a summons or of service in the Action. The filing of this Stipulation shall be deemed the filing of a waiver under Fed. R. Civ. P. 4(d)(4). Accordingly, Plaintiff is not required to file proof of service, and the Federal Rules of Civil Procedure shall apply as though a summons and a complaint had been served on the Defendants identified in this paragraph 1 at the time of the filing of this Stipulation. The time for Defendants to move against, answer, or otherwise respond to the Complaint is adjourned as though the Adjournment Order were entered in this Action and until such time set by the Court. IT IS SO ORDERED. Counsel for AON Investments USA Inc. is directed to file a notice of appearance in this action promptly. (Signed by Judge Katherine Polk Failla on 9/23/2020) (rro)
September 23, 2020 Filing 30 NOTICE OF APPEARANCE by Andrew Peter Marks on behalf of Aon Investments USA Inc...(Marks, Andrew)
September 23, 2020 Filing 29 NOTICE OF APPEARANCE by Renita Sharma on behalf of Aon Investments USA Inc...(Sharma, Renita)
September 23, 2020 Filing 28 NOTICE OF APPEARANCE by Richard Irving Werder, Jr on behalf of Aon Investments USA Inc...(Werder, Richard)
September 22, 2020 Opinion or Order Filing 27 ORDER FOR ADMISSION PRO HAC VICE: granting #24 Motion for Mark S. Ouweleen to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 24. So Ordered. (Signed by Judge Katherine Polk Failla on 9/22/2020) (js)
September 22, 2020 Opinion or Order Filing 26 ORDER FOR ADMISSION PRO HAC VICE: granting #23 Motion for Adam L. Hoeflich to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 23. So Ordered. (Signed by Judge Katherine Polk Failla on 9/22/2020) (js)
September 22, 2020 Filing 25 PROPOSED STIPULATION AND ORDER. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert)
September 22, 2020 Filing 24 MOTION for Mark S. Ouweleen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21785580. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order Proposed Order).(Ouweleen, Mark)
September 22, 2020 Filing 23 MOTION for Adam L. Hoeflich to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order Proposed Order).(Hoeflich, Adam)
September 22, 2020 Opinion or Order Filing 22 ORDER FOR ADMISSION PRO HAC VICE granting #21 Motion for Nicolas L. Martinez to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at docket entry 21. (Signed by Judge Katherine Polk Failla on 9/22/2020) (rro)
September 22, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Adam L. Hoeflich to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 22, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Mark S. Ouweleen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21785580. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 21, 2020 Filing 21 MOTION for Nicolas L. Martinez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order Proposed Order).(Martinez, Nicolas)
September 21, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Nicolas L. Martinez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 18, 2020 Opinion or Order Filing 20 ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Sean W. Gallagher to Appear Pro Hac Vice. The Clerk of Court is directed also to terminate the motion at docket entry 17. (Signed by Judge Katherine Polk Failla on 9/18/2020) (rro)
September 18, 2020 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE granting #18 MOTION for Abby M. Mollen to Appear Pro Hac Vice. The Clerk of Court is also directed to terminate the motion at docket entry 18. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/18/2020) (jca)
September 18, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05615-KPF. Notice of Assignment to follow. (wb)
September 18, 2020 Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)
September 18, 2020 NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case..(wb)
September 18, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Sean W. Gallagher to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for Abby M. Mollen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 17, 2020 Filing 18 MOTION for Abby M. Mollen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order Proposed Order).(Mollen, Abby)
September 17, 2020 Filing 17 MOTION for Sean W. Gallagher to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order Proposed Order).(Gallagher, Sean)
September 17, 2020 Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicolas L. Martinez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21710350. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order).(Gallagher, Sean) Modified on 9/17/2020 (aea).
September 17, 2020 Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Abby M. Mollen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21710231. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order).(Gallagher, Sean) Modified on 9/17/2020 (aea).
September 17, 2020 Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Adam L. Hoeflich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21709932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order).(Hoeflich, Adam) Modified on 9/17/2020 (aea).
September 17, 2020 Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sean W. Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21709682. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee. (Attachments: #1 Text of Proposed Order).(Gallagher, Sean) Modified on 9/17/2020 (aea).
September 17, 2020 Filing 12 NOTICE OF APPEARANCE by Kathleen Suzanne McArthur on behalf of Allianz Global Investors U.S. LLC..(McArthur, Kathleen)
September 17, 2020 Filing 11 NOTICE OF APPEARANCE by Hilary M. Williams on behalf of Allianz Global Investors U.S. LLC..(Williams, Hilary)
September 17, 2020 Filing 10 NOTICE OF APPEARANCE by Ann-Elizabeth Ostrager on behalf of Allianz Global Investors U.S. LLC..(Ostrager, Ann-Elizabeth)
September 17, 2020 Filing 9 NOTICE OF APPEARANCE by Robert Joseph Giuffra, Jr on behalf of Allianz Global Investors U.S. LLC..(Giuffra, Robert)
September 17, 2020 Filing 8 ELECTRONIC SUMMONS ISSUED as to Aon Investments USA Inc.. (sj)
September 17, 2020 Filing 7 ELECTRONIC SUMMONS ISSUED as to Allianz Global Investors U.S. LLC. (sj)
September 17, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
September 17, 2020 Case Designated ECF. (sj)
September 17, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #16 MOTION for Nicolas L. Martinez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21710350. Motion and supporting papers to be reviewed by Clerk's Office staff., #15 MOTION for Abby M. Mollen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21710231. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for Sean W. Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21709682. Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Adam L. Hoeflich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21709932. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavits are not notarized. Re-file each motion as a 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. (aea)
September 17, 2020 CASE REFERRED TO Judge Katherine Polk Failla as possibly related to 1:20cv5615. (sj)
September 16, 2020 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Aon Investments USA Inc., re: #1 Complaint. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Goldman, Daniel)
September 16, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Allianz Global Investors U.S. LLC, re: #1 Complaint. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Goldman, Daniel)
September 16, 2020 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Goldman, Daniel)
September 16, 2020 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-5615. Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Goldman, Daniel)
September 16, 2020 Filing 2 CIVIL COVER SHEET filed..(Goldman, Daniel)
September 16, 2020 Filing 1 COMPLAINT against Allianz Global Investors U.S. LLC, Aon Investments USA Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21690015)Document filed by Blue Cross Blue Shield Association National Employee Benefits Committee..(Goldman, Daniel)

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Search for this case: Blue Cross Blue Shield Association National Employee Benefits Committee v. Allianz Global Investors U.S. LLC et al
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Defendant: Aon Investments USA Inc.
Represented By: Andrew Peter Marks
Represented By: Renita Sharma
Represented By: Michael Ethan Liftik
Represented By: Richard Irving Werder, Jr
Represented By: Alex Stone Zuckerman
Represented By: Allison Silber
Represented By: Elisabeth Bach Miller
Represented By: Haley Blair Banks
Represented By: Julia Marie Beskin
Represented By: Kimberly Eden Carson
Represented By: Misha Boutilier
Represented By: Sascha Nicholas Rand
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Defendant: Allianz Global Investors U.S. LLC
Represented By: Ann-Elizabeth Ostrager
Represented By: Amy D. Roy
Represented By: Cole A Goodman
Represented By: Robert Joseph Giuffra, Jr.
Represented By: Kathleen Suzanne McArthur
Represented By: Stephanie G Wheeler
Represented By: Robert A. Skinner
Represented By: Hilary M. Williams
Represented By: Mary Elizabeth Brust
Represented By: Jacob Michael Croke
Represented By: James J. Regan
Represented By: Renita Sharma
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Defendant: Aon Hewitt Investment Consulting, Inc.
Represented By: Andrew Peter Marks
Represented By: Renita Sharma
Represented By: Michael Ethan Liftik
Represented By: Richard Irving Werder, Jr
Represented By: Alex Stone Zuckerman
Represented By: Allison Silber
Represented By: Elisabeth Bach Miller
Represented By: Haley Blair Banks
Represented By: Julia Marie Beskin
Represented By: Kimberly Eden Carson
Represented By: Misha Boutilier
Represented By: Sascha Nicholas Rand
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Plaintiff: Blue Cross Blue Shield Association National Employee Benefits Committee
Represented By: Daniel Zachary Goldman
Represented By: Adam L. Hoeflich
Represented By: Mark Shawn Ouweleen
Represented By: Abby M Mollen
Represented By: Anthony Francis Shelley
Represented By: Sean W. Gallagher
Represented By: Nicolas Martinez
Represented By: Mark Edward Ferguson
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Intervenor: UNITED STATES OF AMERICA
Represented By: Gina Marie Castellano
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3rd party defendant: Robert Kolodgy
Represented By: Jonathan K. Youngwood
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3rd party defendant: Michael Mizeur
Represented By: Karin A. DeMasi
Represented By: David Harold Korn
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3rd party defendant: John Giblin
Represented By: Karin A. DeMasi
Represented By: David Harold Korn
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3rd party defendant: James R. Sharpe
Represented By: Jonathan K. Youngwood
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3rd party defendant: Terrence J. Cooney
Represented By: Jonathan K. Youngwood
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3rd party defendant: Blue Cross and Blue Shield Association
Represented By: Jonathan K. Youngwood
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