Krohnengold v. New York Life Insurance Company et al
| Stuart Krohnengold, Wayne Antoine, Joseph Bendrihem, Larry Gilbert, Lee Webber, Anthony Medici, Rafael Musni, Claudia Gonzalez, Thomas Lantz and Sandra Scanni |
| Scott L. Lenz, Robert J. Hynes, Katherine OBrien, Arthur A. Seter, Anthony R. Malloy, Yie-Hsin Hung, The Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, New York Life Insurance Company, Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, John and Jane Does 1-20, Fiduciary Investment Committee and Board of Trustees |
| 1:2021cv01778 |
| March 2, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #129 Proposed Order, was reviewed and approved as to form. (nd)
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Filing 129
PROPOSED ORDER. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. Related Document Number: #115 ..(Richter, Kai) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 128
DECLARATION of Claudia Gonzalez in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 127
DECLARATION of Sandra Scanni in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 126
DECLARATION of Thomas Lantz in Support re: #115 MOTION to Certify Class .. Document filed by Thomas Lantz. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 125
DECLARATION of Rafael Musni in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 124
DECLARATION of Larry Gilbert in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 123
DECLARATION of Joseph Bendrihem in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 122
DECLARATION of Anthony Medici in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 121
DECLARATION of Lee Webber in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 120
DECLARATION of Wayne Antoine in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 119
DECLARATION of Stuart Krohnengold in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Duties of Class Representatives).(Richter, Kai)
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Filing 118
DECLARATION of Steve Pomerantz, Ph.D. in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - CV & List of Cases, #2 Exhibit 2 - Documents Reviewed).(Richter, Kai)
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Filing 117
DECLARATION of Kai Richter in Support re: #115 MOTION to Certify Class .. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit 1 - Excerpt of EPSI Form 5500 (2021), #2 Exhibit 2 - Excerpt of APSI Form 5500 (2021), #3 Exhibit 3 - Maria Mauceri deposition excerpts, #4 Exhibit 4 - Annual Fee Disclosure Statement dated April 2016, #5 Exhibit 5 - Draft Memo re: EPSI/APSI Fund Structure Review, #6 Exhibit 6 - Email re: Draft Memo EPSI/APSI Plan Options, #7 Exhibit 7 - 1/30/2019 Fiduciary Investment Committee Meeting Minutes, #8 Exhibit 8 - 3/20/2019 Fiduciary Investment Committee Meeting Minutes, #9 Exhibit 9 - 12/5/2019 Fiduciary Investment Committee Meeting Minutes, #10 Exhibit 10 - Excerpt of Q3 2019 Investment Review, #11 Exhibit 11 - 4/3/2020 Fiduciary Investment Committee Meeting Minutes, #12 Exhibit 12 - Excerpt of Q1 2020 Investment Review, #13 Exhibit 13 - 6/11/2020 Fiduciary Investment Committee Meeting Minutes, #14 Exhibit 14 - 9/14/2020 Fiduciary Investment Committee Meeting Minutes, #15 Exhibit 15 - 3/19/2015 Board of Trustees Meeting Minutes, #16 Exhibit 16 - Excerpt of Q4 2014 Investment Review, #17 Exhibit 17 - 1/17/2018 Board of Trustees Meeting Minutes, #18 Exhibit 18 - 8/7/2018 Board of Trustees Meeting Minutes, #19 Exhibit 19 - 10/16/2018 Board of Trustees Meeting Minutes, #20 Exhibit 20 - Memo re: MainStay Epoch U.S. Small Cap Fund Recommendation, #21 Exhibit 21 - 6/30/2022 Memo re: MainStay Income Builder Fund R6 NEPC Recommendation, #22 Exhibit 22 - 6/30/2022 Fiduciary Investment Committee Meeting Minutes, #23 Exhibit 23 - 8/3/2022 Memo re: MainStay Income Fund Builder Fund R6 NEPC Recommendation, #24 Exhibit 24 - 10/3/2022 Fiduciary Investment Committee Meeting Minutes, #25 Exhibit 25 - 12/14/2022 Fiduciary Investment Committee Meeting Minutes, #26 Exhibit 26 - Notice of Plan Investment Option Change, #27 Exhibit 27 - 10/15/2015 Board of Trustees Meeting Minutes, #28 Exhibit 28 - 10/16/2016 Board of Trustees Meeting Minutes, #29 Exhibit 29 - 3/9/2017 Board of Trustees Meeting Minutes, #30 Exhibit 30 - 12/15/2016 Board of Trustees Meeting Minutes, #31 Exhibit 31 - 6/7/2017 Email re: Updated Summary/Language, #32 Exhibit 32 - Draft Monitor List Language, #33 Exhibit 33 - 6/12/2017 Board of Trustees Meeting Minutes, #34 Exhibit 34 - Excerpt of Q1 2017 Investment Review appended to 6/12/2017 Board of Trustees Meeting Minutes, #35 Exhibit 35 - Excerpt of Q1 2018 Investment Review, #36 Exhibit 36 - Memo re: Target Date Fund Review and Recommendation, #37 Exhibit 37 - Memo re: Target Date Fund Review and Recommendation, #38 Exhibit 38 - Executive Summary Third Quarter 2019 Investment Review, #39 Exhibit 39 - October 10, 2016 Fixed Dollar Account Presentation, #40 Exhibit 40 - 11/8/2022 Email Thread re: Data Request for 401k Plans, #41 Exhibit 41 - Data Request for NYL Investment Plans, #42 Exhibit 42 - Excerpt of EPSI Form 5500 (2010), #43 Exhibit 43 - Excerpt of APSI Form 5500 (2010), #44 Exhibit 44 - January 2023 QDIA Discussion Draft Presentation).(Richter, Kai)
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Filing 116
MEMORANDUM OF LAW in Support re: #115 MOTION to Certify Class . . Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 115
MOTION to Certify Class . Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 114
MEMO ENDORSEMENT on re: #113 Letter, filed by Claudia Gonzalez, Stuart Krohnengold, Thomas Lantz, Joseph Bendrihem, Anthony Medici, Wayne Antoine, Rafael Musni, Sandra Scanni, Larry Gilbert, Lee Webber. ENDORSEMENT: The Court commends the parties on their success in resolving the issues in dispute. The parties shall submit another joint letter regarding the status of their negotiations by June 30, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/23/2023) (vfr)
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Filing 113
JOINT LETTER addressed to Judge Jesse M. Furman from Kai Richter and Dave Rosenberg dated 06/23/2023 re: RFP #39. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 112
MEMO ENDORSEMENT on re: #111 Letter Discovery Issues, filed by Claudia Gonzalez, Stuart Krohnengold, Thomas Lantz, Joseph Bendrihem, Anthony Medici, Wayne Antoine, Rafael Musni, Sandra Scanni, Larry Gilbert, Lee Webber. ENDORSEMENT : The parties shall submit another joint letter, regarding the status of their negotiations with respect to RFP #36, by June 23, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/20/23) (yv)
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Filing 111
JOINT LETTER addressed to Judge Jesse M. Furman from Kai H. Richter and Dave Rosenberg dated 06/16/2023 re: Discovery Issues. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 110
ORDER denying #106 Letter Motion to Compel. Accordingly, Plaintiffs' motion to compel on that front is denied. As discussed during the conference, the parties shall file a joint letter no later than June 16, 2023, with respect to the items on which the parties are required to meet and confer. (Signed by Judge Jesse M. Furman on 6/12/2023) (ate)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Discovery Conference held via teleconference on 6/9/2023. Kai Richter and Eleanor Frisch for Plaintiffs. David Rosenberg and James Fleckner for Defendants. Court reporter present. (ab)
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Filing 109
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from James O. Fleckner dated June 6, 2023 re: #106 LETTER MOTION to Compel Defendants to Produce Discovery addressed to Judge Jesse M. Furman from Kai Richter dated 06/01/2023. . Document filed by Board of Trustees, Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 108
ORDER: It is hereby ORDERED that all parties appear for a conference with the Court on June 9, 2023, at 10:00 a.m. The parties should be prepared to discuss, among other things, the discovery issues raised in ECF Nos. 106, 107. The conference will be held remotely by telephone in accordance with Rule 3.B of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/honjesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. ( Telephone Conference set for 6/9/2023 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/2/2023) (vfr)
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Filing 107
JOINT LETTER addressed to Judge Jesse M. Furman from Kai H. Richter and James O. Fleckner dated 06/01/2023 re: Status Report. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 106
LETTER MOTION to Compel Defendants to Produce Discovery addressed to Judge Jesse M. Furman from Kai Richter dated 06/01/2023. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 105
ORDER granting #104 Motion for Caroline E. Bressman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 104
MOTION for Caroline E. Bressman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27757248. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Bressman, Caroline)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #104 MOTION for Caroline E. Bressman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27757248. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 103
NOTICE OF APPEARANCE by Demario M Carswell on behalf of New York Life Insurance Company..(Carswell, Demario)
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Filing 102
ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY granting #101 Motion to Withdraw as Attorney. Upon consideration of the filed Motion to Withdraw as Attorney, it is hereby: ORDERED that the Motion to Withdraw as Attorney is GRANTED. Attorney Laura O. Rockmore of Cohen Milstein Sellers & Toll, PLLC, is hereby withdrawn as counsel of record in this matter. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 101 and to terminate Laura O. Rockmore as counsel. SO ORDERED. Attorney Laura Older Rockmore terminated. (Signed by Judge Jesse M. Furman on 5/2/2023) (tg)
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Filing 101
MOTION for Laura Older Rockmore to Withdraw as Attorney . Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw as Attorney).(Schutz, Jacob)
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Filing 100
ANSWER to #63 Amended Complaint,,. Document filed by Board of Trustees, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 99
ORDER FOR MODIFICATION OF CASE DEADLINES granting #98 Letter Motion for Extension of Time. IT IS HEREBY ORDERED that existing Civil Case Management Plan and Scheduling Order (ECF No. 77) is modified to provide the following fixed calendar deadlines as follows: Motion for Class Certification June 26, 2023. Opposition to Class Certification August 10, 2023. Reply in Support of Class Certification August 31, 2023. Fact Discovery August 18, 2023 (all discovery), - June 26, 2023 (written discovery). Expert Discovery December 15, 2023 (all expert discovery). Summary Judgment & Daubert Motions due by 1/15/2024. The Clerk of Court is directed to terminate ECF No. 98. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/17/23) (yv)
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Set/Reset Deadlines: Expert Discovery due by 12/15/2023. Fact Discovery due by 8/18/2023. Responses due by 8/10/2023. Replies due by 8/31/2023. (yv)
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Filing 98
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Kai Richter and James Fleckner dated April 14, 2023. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Text of Proposed Order for Modification of Case Deadlines).(Richter, Kai)
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Filing 97
ORDER granting #96 Letter Motion for Extension of Time to Answer re #96 LETTER MOTION for Extension of Time to File Answer re: #63 Amended Complaint,, addressed to Judge Jesse M. Furman from James O. Fleckner dated 4/10/2023. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 96. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/10/2023) (jca)
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Filing 96
LETTER MOTION for Extension of Time to File Answer re: #63 Amended Complaint,, addressed to Judge Jesse M. Furman from James O. Fleckner dated 4/10/2023. Document filed by Board of Trustees, Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held via teleconference on 4/3/2023. Kai Richter for Plaintiffs. James Fleckner for Defendant. Court reporter present. (ab)
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Filing 95
ORDER granting #94 Motion for Jacob Schutz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #94 MOTION for Jacob Schutz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27546383. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh)
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Filing 94
MOTION for Jacob Schutz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27546383. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Schutz, Jacob)
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Filing 93
ORDER denying #66 Motion to Dismiss. For reasons the Court will explain orally at the pretrial conference scheduled for April 3, 2023, Defendants' partial motion to dismiss is DENIED. Unless and until the Court orders otherwise, Plaintiffs shall file their motion for class certification within 90 days of the date of this Order; any opposition shall be filed within 45 days of the filing of the motion; and any reply shall be filed within 21 days of any opposition. See ECF No. 88. The parties should confer about, and be prepared to discuss at the conference, any other implications of the Court's ruling, including further discovery to be conducted. The Clerk of Court is directed to terminate ECF No. 66. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/28/23) (yv)
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Filing 92
ORDER. The conference scheduled for April 3, 2023, at 10 a.m. will be held remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/27/23) (yv)
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Filing 91
MEMO ENDORSEMENT on re: #90 Letter, filed by Claudia Gonzalez, Stuart Krohnengold, Thomas Lantz, Joseph Bendrihem, Anthony Medici, Wayne Antoine, Rafael Musni, Larry Gilbert, Sandra Scanni, Lee Webber. ENDORSEMENT: The pretrial conference scheduled for March 23, 2023, is hereby ADJOURNED to April 3, 2023, at 10:00 a.m. (Telephone Conference set for 4/3/2023 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/17/2023) (tro)
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Filing 90
LETTER addressed to Judge Jesse M. Furman from KAI RICHTER & JAMES FLECKNER dated 3/16/2023 re: JOINT STATUS REPORT. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 89
ORDER re: #77 Case Management Plan. The parties are reminded that, per the Case Management Plan and Scheduling Order ("CMP"), ECF No. 77, counsel should submit their joint status letter on ECF no later than the Thursday prior to the upcoming pretrial conference. The letter should address, in addition to the issues set forth in the CMP, whether the parties can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the CMP remain in effect. If, after reviewing the parties' joint status letter, the Court concludes that a conference is unnecessary at this time, it will issue an order canceling or rescheduling it. If a conference is held, it will be by telephone and may be scheduled for a different time. To that end, counsel should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and time previously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. (Signed by Judge Jesse M. Furman on 3/13/2023) (tro)
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Filing 88
ORDER FOR MODIFICATION OF CASE DEADLINES granting #87 Letter Motion for Extension of Time to File. IT IS HEREBY ORDERED that the Scheduling Order is modified as follows. Plaintiffs shall file a motion for class certification no later than 30 days following the Court's ruling on Defendants' pending Partial Motion to Dismiss the Second Amended Complaint (the "Motion," ECF No. 66) if the Motion is granted and 90 days following the Court's ruling if the Motion is denied. Any opposition shall be filed no later than 45 days following the filing of the motion for class certification. Any reply shall be filed no later than 21 days following the filing of any opposition. The Clerk of Court is directed to terminate ECF No. 87. (Signed by Judge Jesse M. Furman on 3/3/23) (yv)
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Filing 87
LETTER MOTION for Extension of Time to File Motion for Class Certification addressed to Judge Jesse M. Furman from James O. Fleckner dated March 3, 2023. Document filed by Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter. (Attachments: #1 Exhibit A (Proposed Order)).(Fleckner, James)
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Filing 86
LETTER addressed to Judge Jesse M. Furman from KAI RICHTER dated 2/1/23 re: JOINT STATUS REPORT. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 85
FIRST LETTER addressed to Judge Jesse M. Furman from James Fleckner & Kai Richter dated 12/1/2022 re: JOINT STATUS REPORT. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 84
STIPULATION AND CONFIDENTIALITY ORDER ...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not so order any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/18/22) (yv) Modified on 12/21/2022 (yv).
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Filing 83
STIPULATION AND ORDER ON THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI). This Stipulation and Order on the Discovery of Electronically Stored Information (ESI) will govern discovery of ESI in this case as a supplement to the Federal Rules of Civil Procedure and any other applicable orders and rules as further set forth in this Stipulation. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/18/22) (yv)
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Filing 82
PROPOSED STIPULATION AND ORDER. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 81
PROPOSED STIPULATION AND ORDER. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 80
ORDER terminating #73 LETTER MOTION to Stay: See ECF No. #77 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 79
DECLARATION of David Rosenberg in Support re: #66 MOTION to Dismiss the Second Amended Complaint.. Document filed by Board of Trustees, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Fleckner, James)
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Filing 78
REPLY MEMORANDUM OF LAW in Support re: #66 MOTION to Dismiss the Second Amended Complaint. . Document filed by Board of Trustees, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 77
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. This case is not to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 10 days (2 weeks). Motions due by 4/19/2023. Responses due by 6/5/2023 Replies due by 7/5/2023. Telephone Conference set for 3/23/2023 at 03:30 PM before Judge Jesse M. Furman. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. The parties shall submit a joint status letter on December 1, 2022, and every two months thereafter addressing (as appropriate) the issues listed above on the prior page and this page and indicating whether any party believes there is a need for a conference. Defendants' motion for a stay of discovery is DENIED, without prejudice to a later request for a more targeted stay of particular discovery relating to the Fixed Dollar Account claims. The parties shall try to structure discovery to focus in the first instance on discovery that would have to take place even if the Court were to grant Defendants' motion to dismiss the Second Amended Complaint. The Clerk of Court is directed to terminate ECF No. 73. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/19/22) (yv)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held via teleconference on 10/19/2022. Kai Richter and Eleanor Frisch present for Plaintiffs. James Fleckner, David Rosenberg, and William Harrington present for Defendant. Court Reporter present. (ab)
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Filing 76
FIRST LETTER addressed to Judge Jesse M. Furman from Kai H. Richter dated October 18, 2022 re: Response to Defendants' Request for a Stay of Discovery. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 75
MEMORANDUM OF LAW in Opposition re: #66 MOTION to Dismiss the Second Amended Complaint. . Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Richter, Kai)
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Filing 74
ORDER: The conference scheduled for October 19, 2022, at 4 p.m. will be held remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. (Signed by Judge Jesse M. Furman on 10/13/2022) (rro)
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Filing 73
LETTER MOTION to Stay Discovery addressed to Judge Jesse M. Furman from James O. Fleckner dated October 13, 2022. Document filed by Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter. (Attachments: #1 Exhibit A).(Fleckner, James)
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Filing 72
FIRST LETTER addressed to Judge Jesse M. Furman from Kai H. Richter dated 10/13/2022 re: Proposed Civil Case Management Plan. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Exhibit Rule 26(f) Report).(Richter, Kai)
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Filing 71
ORDER Counsel are reminded that, per the Court's earlier Scheduling Order, they must submit their proposed case management plan and joint letter by the Thursday prior to the upcoming conference. The parties should indicate in their joint letter whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not (or if the Court concludes that, the parties' views notwithstanding, a conference should be held), the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and time previously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Courts Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/12/2022) (jca)
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Filing 70
ORDER granting #69 Letter Motion for Extension of Time to File Response/Reply as to #66 MOTION to Dismiss the Second Amended Complaint. addressed to Judge Jesse M. Furman from Eleanor Frisch and Dave Rosenberg dated October 6, 2022. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 69. SO ORDERED. #66 MOTION to Dismiss the Second Amended Complaint. Responses due by 10/17/2022 Replies due by 10/31/2022. (Signed by Judge Jesse M. Furman on 10/7/2022) (vfr)
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Filing 69
LETTER MOTION for Extension of Time to File Response/Reply as to #66 MOTION to Dismiss the Second Amended Complaint. addressed to Judge Jesse M. Furman from Eleanor Frisch and Dave Rosenberg dated October 6, 2022. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber..(Frisch, Eleanor)
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Filing 68
DECLARATION of D. Rosenberg in Support re: #66 MOTION to Dismiss the Second Amended Complaint.. Document filed by Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter. (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).(Rosenberg, David)
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Filing 67
MEMORANDUM OF LAW in Support re: #66 MOTION to Dismiss the Second Amended Complaint. . Document filed by Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 66
MOTION to Dismiss the Second Amended Complaint. Document filed by Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 65
ORDER granting #64 Motion for Eleanor Frisch to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Eleanor Frisch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26663222. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 64
MOTION for Eleanor Frisch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26663222. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Antoine, Joseph Bendrihem, Claudia Gonzalez, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Sandra Scanni, Thomas Lantz, Lee Webber. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit, #3 Exhibit Certificates of Good Standing).(Frisch, Eleanor)
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Filing 63
SECOND AMENDED COMPLAINT amending #62 Amended Complaint,, #38 Amended Complaint, against Board of Trustees, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter.Document filed by Rafael Musni, Thomas Lantz, Stuart Krohnengold, Joseph Bendrihem, Larry Gilbert, Claudia Gonzalez, Anthony Medici, Sandra Scanni, Wayne Antoine, Lee Webber. Related document: #62 Amended Complaint,, #38 Amended Complaint,..(Richter, Kai)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kai Heinrich Richter. The party information for the following party/parties has been modified: Rafael Musni, Joseph Bendrihem, Larry Gilbert, Anthony Medici, Wayne Antoine, Lee Webber, CLAUDIA GONZALEZ, THOMAS LANTZ, SANDRA SCANNI. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kai Heinrich Richter to RE-FILE Document No. #62 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
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Filing 62
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT amending #38 Amended Complaint, against Board of Trustees, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter.Document filed by Rafael Musni, Stuart Krohnengold, Joseph Bendrihem, Larry Gilbert, Anthony Medici, Wayne Antoine, Lee Webber, CLAUDIA GONZALEZ, THOMAS LANTZ, SANDRA SCANNI. Related document: #38 Amended Complaint,..(Richter, Kai) Modified on 9/8/2022 (vf).
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Filing 61
ORDER granting #60 Motion for Kai H. Richter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for Kai H. Richter 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)
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Pro Hac Vice Fee Payment: for #60 MOTION for Kai H. Richter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-26552147..(Richter, Kai)
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Pro Hac Vice Fee Due: for #60 MOTION for Kai H. Richter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(sgz)
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Filing 60
MOTION for Kai H. Richter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stuart Krohnengold. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit, #3 Exhibit Certificate of Good Standing).(Richter, Kai) Modified on 8/16/2022 (sgz). Modified on 8/16/2022 (sgz).
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Filing 59
SCHEDULING ORDER: IT IS HEREBY ORDERED that the initial pretrial conference in this matter, which was previously adjourned sine die, see ECF No. 25, is RESCHEDULED for October 19, 2022, at 4:00 p.m. The conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. SO ORDERED. ( Initial Conference set for 10/19/2022 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/10/22) (yv)
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Filing 58
OPINION AND ORDER re: #41 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. filed by Anthony R. Malloy, Katherine OBrien, New York Life Insurance Company, Robert J. Hynes, Arthur A. Seter, Scott L. Lenz, Yie-Hsin Hung, Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan. Defendants' motion to dismiss is GRANTED in part and DENIED in part. In particular, the Court dismisses: The claims of Plaintiffs Musni, Bendrihem, Gilbert, and Medici with respect to the Fixed Dollar Account, without prejudice, for lack of standing; The claims of Plaintiffs Krohnengold, Antoine, and Webber for breach of fiduciary duties related to the Fixed Dollar Account; Plaintiffs' claims for breach of fiduciary duties in Count One based on the MacKay International Equity Fund; and Plaintiffs' claims for violation of ERISA's anti-inurement provision in Count Five, with leave to amend. Otherwise, the Court denies Defendants' motion. The Court is mindful that leave to amend a complaint should be "freely give[n]... when justice so requires," Fed. R. Civ. P. 15(a)(2), and that it is "within the sound discretion of the district court to grant or deny leave to amend," Ahmed v. GEO USA LLC, No. 14-CV-7486 (JMF), 2015 WL 1408895, at *5 (S.D.N.Y. Mar. 27, 2015) (internal quotation marks omitted). Here, Plaintiffs may well be able to cure some of the deficiencies identified above. (In particular, Plaintiffs may be able to clarify that their fiduciary duty claims with respect to the Fixed Dollar Account do implicate conduct within the relevant six-year period.) Accordingly, the Court exercises its discretion to grant Plaintiffs leave to amend the claims that have been dismissed. See, e.g., Moreira v. Societe Generale, S.A., 573 F. Supp. 3d 921, 934 (S.D.N.Y. 2021). Plaintiffs shall file any Second Amended Complaint within four weeks of the date of this Opinion and Order. If Plaintiffs do so, Defendants shall answer or otherwise respond within three weeks of the date on which Plaintiffs' Second Amended Complaint is filed. If Plaintiffs fail to file a Second Amended Complaint, Defendants shall answer Plaintiffs' remaining claims within six weeks of the date of this Opinion and Order. By separate Order to be issued today, the Court will reschedule an initial pretrial conference. The Clerk of Court is directed to terminate ECF No. 41. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/9/22) (yv)
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Filing 57
RESPONSE re: #56 Notice (Other) of Supplemental Authority. Document filed by Board of Trustees, Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 56
NOTICE of Supplemental Authority re: #46 Memorandum of Law in Opposition to Motion,. Document filed by Wayne Antoine, Joseph Bendrihem, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Lee Webber..(Older, Laura)
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Filing 55
RESPONSE re: #54 Notice (Other) . Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 54
NOTICE of of Supplemental Authority re: #46 Memorandum of Law in Opposition to Motion,. Document filed by Wayne Antoine, Joseph Bendrihem, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Lee Webber..(Older, Laura)
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Filing 53
ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY granting #52 Motion to Withdraw as Attorney. It is hereby: ORDERED that the Motion to Withdraw as Attorney is GRANTED. Attorney Scott M.Lempert of Cohen Milstein Sellers & Toll, PLLC, is hereby withdrawn as counsel of record in this matter. The Clerk of Court is directed to terminate ECF No. 52. (Attorney Scott Michael Lempert terminated.) (Signed by Judge Jesse M. Furman on 1/13/22) (yv)
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Filing 52
MOTION for Scott Michael Lempert to Withdraw as Attorney Scott M. Lempert. Document filed by Wayne Antoine, Joseph Bendrihem, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Lee Webber. (Attachments: #1 Text of Proposed Order).(Lempert, Scott)
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Filing 51
ORDER granting #50 Motion for Laura E. Older to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #50 MOTION for Laura E. Older to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25201427. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 50
MOTION for Laura E. Older to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25201427. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wayne Antoine, Joseph Bendrihem, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Lee Webber. (Attachments: #1 Affidavit Affidavit In Support of Motion To Appear Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Text of Proposed Order).(Older, Laura)
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Filing 49
NOTICE of Supplemental Authority re: #42 Memorandum of Law in Support of Motion,,. Document filed by Board of Trustees, Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter. (Attachments: #1 Exhibit 1).(Fleckner, James)
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Filing 48
REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. . Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 47
DECLARATION of Michelle C. Yau in Opposition re: #41 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Wayne Antoine, Joseph Bendrihem, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Lee Webber. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Lempert, Scott)
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Filing 46
MEMORANDUM OF LAW in Opposition re: #41 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. . Document filed by Wayne Antoine, Joseph Bendrihem, Larry Gilbert, Stuart Krohnengold, Anthony Medici, Rafael Musni, Lee Webber..(Lempert, Scott)
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Filing 45
ORDER denying as moot #32 Motion to Dismiss for Lack of Jurisdiction. In light of Defendants' new motion to dismiss, see ECF No. 41, Defendants' earlier motion to dismiss filed at ECF No. 32 is hereby DENIED as moot. Plaintiffs' opposition is due six weeks from the date of the motion, and Defendants' reply, if any, shall be filed within four weeks of any opposition. See ECF No. 36. The Clerk of Court is directed to terminate ECF No. 32. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/16/2021) (vfr)
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Filing 44
DECLARATION of Maria Mauceri in Support re: #41 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Fleckner, James)
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Filing 43
DECLARATION of Dave Rosenberg in Support re: #41 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter. (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, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50).(Fleckner, James)
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Filing 42
MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. . Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 41
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 39. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/21/2021) (rro)
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Filing 39
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from James O. Fleckner dated June 21, 2021. Document filed by Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Set/Reset Deadlines: Board of Trustees answer due 7/16/2021; Fiduciary Investment Committee answer due 7/16/2021; Yie-Hsin Hung answer due 7/16/2021; Robert J. Hynes answer due 7/16/2021; John and Jane Does 1-20 answer due 7/16/2021; Scott L. Lenz answer due 7/16/2021; Anthony R. Malloy answer due 7/16/2021; New York Life Insurance Company answer due 7/16/2021; Katherine OBrien answer due 7/16/2021; Arthur A. Seter answer due 7/16/2021. (rro)
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Filing 38
AMENDED COMPLAINT amending #4 Complaint, against Fiduciary Investment Committee, Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter, Board of Trustees.Document filed by Rafael Musni, Stuart Krohnengold, Joseph Bendrihem, Larry Gilbert, Anthony Medici, Wayne Antoine, Lee Webber. Related document: #4 Complaint,..(Lempert, Scott)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Scott Michael Lempert to RE-FILE re: Document No. #37 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; PDF title should reflect Amended Complaint; the Board of Trustees must be added to the docket . Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) Modified on 6/15/2021 (gp).
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Filing 37
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #4 Complaint, against Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter, Fiduciary Investment Committee.Document filed by Stuart Krohnengold, Wayne Antoine, Joseph Bendrihem, Larry Gilbert, Lee Webber, Anthony Medici, Rafael Musni. Related document: #4 Complaint,..(Lempert, Scott) Modified on 6/15/2021 (sj).
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Filing 36
ORDER, It is hereby ORDERED that, notwithstanding the briefing schedule adopted on May 14, 2021, ECF No. 25, Plaintiff shall file any amended complaint by June 14, 2021. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, the existing briefing schedule shall remain in effect, pursuant to which Plaintiff shall file any opposition to the motion to dismiss by July 1, 2021, and Defendants shall file any reply by July 29, 2021. See ECF No. 25. SO ORDERED. ( Amended Pleadings due by 6/14/2021.) (Signed by Judge Jesse M. Furman on 5/25/21) (yv)
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Filing 35
DECLARATION of Maria Mauceri in Support re: #32 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 34
DECLARATION of Dave Rosenberg in Support re: #32 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted.. Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter. (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, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34).(Rosenberg, David)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. . Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 32
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted. Document filed by Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter..(Fleckner, James)
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Filing 31
NOTICE OF APPEARANCE by James O. Fleckner on behalf of New York Life Insurance Company..(Fleckner, James)
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Filing 30
NOTICE OF APPEARANCE by David Rosenberg on behalf of New York Life Insurance Company..(Rosenberg, David)
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Filing 29
ORDER granting #27 Motion for David Rosenberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 28
ORDER granting #26 Motion for James O. Fleckner to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 27
MOTION for David Rosenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24549259. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York Life Insurance Company. (Attachments: #1 Declaration of David Rosenberg, #2 Text of Proposed Order).(Rosenberg, David)
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Filing 26
MOTION for James O. Fleckner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24548431. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York Life Insurance Company. (Attachments: #1 Declaration of James O. Fleckner, #2 Text of Proposed Order).(Fleckner, James)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for James O. Fleckner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24548431. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for David Rosenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24549259. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 25
ORDER: granting #24 Letter Motion to Adjourn Conference. Application GRANTED. The proposed briefing schedule is ADOPTED, In light of Defendants' intent to move to dismiss, the initial pretrial conference currently scheduled for June 3, 2021 is ADJOURNED sine die. The Clerk of Court is directed to terminate ECF No. 24. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/14/2021) (ama)
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Set/Reset Deadlines: Motions due by 6/14/2021. Responses due by 7/1/2021 Replies due by 7/29/2021. (ama)
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Filing 24
JOINT LETTER MOTION to Adjourn Conference and Extend Deadlines addressed to Judge Jesse M. Furman from Scott Lempert & William Harrington dated 5/13/2021. Document filed by Stuart Krohnengold..(Lempert, Scott)
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Filing 23
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Life Insurance Company..(Harrington, William)
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Filing 22
NOTICE OF APPEARANCE by William Joseph Harrington on behalf of New York Life Insurance Company..(Harrington, William)
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Filing 21
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 20
WAIVER OF SERVICE RETURNED EXECUTED. Scott L. Lenz waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 19
WAIVER OF SERVICE RETURNED EXECUTED. New York Life Insurance Company waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 18
WAIVER OF SERVICE RETURNED EXECUTED. Arthur A. Seter waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 17
WAIVER OF SERVICE RETURNED EXECUTED. Yie-Hsin Hung waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 16
WAIVER OF SERVICE RETURNED EXECUTED. Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 15
WAIVER OF SERVICE RETURNED EXECUTED. Robert J. Hynes waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 14
WAIVER OF SERVICE RETURNED EXECUTED. Katherine OBrien waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 13
WAIVER OF SERVICE RETURNED EXECUTED. Anthony R. Malloy waiver sent on 3/25/2021, answer due 5/24/2021. Document filed by Stuart Krohnengold..(Yau, Michelle)
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Filing 12
ORDER granting #11 Motion for Scott M. Lempert to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 11
MOTION for Scott M. Lempert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24314242. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stuart Krohnengold. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Affidavit In Support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order Proposed Order).(Lempert, Scott)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Scott M. Lempert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24314242. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 10
ORDER granting #9 Motion for Michelle C. Yau to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 9
MOTION for Michelle C. Yau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24302253. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stuart Krohnengold. (Attachments: #1 Affidavit In Support of Motion To Appear Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order).(Yau, Michelle)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Michelle C. Yau to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24302253. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 8
ORDER granting #7 Motion for Daniel Ryan Sutter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 7
MOTION for Daniel Ryan Sutter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24265793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stuart Krohnengold. (Attachments: #1 Affidavit Aff. of Daniel R. Sutter in supp. of motion for admission, #2 Text of Proposed Order, #3 Exhibit Certificates of Good Standing).(Sutter, Daniel)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Daniel Ryan Sutter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24265793. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 3, 2021 at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. In accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 6/3/2021 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/4/21) (yv)
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Filing 5
CIVIL COVER SHEET filed..(Eisenkraft, Michael)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Benjamin Eisenkraft to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Benjamin Eisenkraft. The following case opening statistical information was erroneously selected/entered: Dollar Demand $500,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000. (dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Benjamin Eisenkraft. The party information for the following party/parties has been modified: Stuart Krohnengold; Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; Exclude from the entry of business name any leading A, An or The.. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Benjamin Eisenkraft to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons was not issued due to the deficient pleading. Re-file the summons after the pleading deficiency is cured. 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. (dnh)
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Case Designated ECF. (dnh)
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Magistrate Judge Barbara C. Moses 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. (dnh)
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Filing 4
COMPLAINT against Yie-Hsin Hung, Robert J. Hynes, John and Jane Does 1-20, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter, The Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan. Document filed by Stuart Krohnengold..(Eisenkraft, Michael)
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ADD PARTY FOR PLEADING. Defendants/Respondents Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter, The Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan, John and Jane Does 1-20 added. Party added pursuant to #1 Complaint,,.Document filed by Stuart Krohnengold. Related document: #1 Complaint,,..(Eisenkraft, Michael)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Benjamin Eisenkraft to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the pleading must be titled. All of the parties listed on the pleading were not entered on CM ECF; Add party John and Jane Does 1-20. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 3/8/2021. (dnh)
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Filing 3
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to New York Life Insurance Company; The Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan; Katherine OBrien; Anthony R. Malloy; Yie-Hsin Hung; Arthur A. Seter; Scott L. Lenz; Robert J. Hynes, re: #1 Complaint,. Document filed by Stuart Krohnengold..(Eisenkraft, Michael) Modified on 3/4/2021 (dnh).
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Filing 2
FILING ERROR - DEFICIENT PLEADING - WRONG FORM - CIVIL COVER SHEET filed..(Eisenkraft, Michael) Modified on 3/4/2021 (dnh).
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Filing 1
FILING ERROR - PDF ERROR - COMPLAINT against Yie-Hsin Hung, Robert J. Hynes, Scott L. Lenz, Anthony R. Malloy, New York Life Insurance Company, Katherine OBrien, Arthur A. Seter, The Boards of Trustees of the New York Life Insurance Employee Progress Sharing Investment Plan and the New York Life Insurance Company Agents Progress Sharing Plan. (Filing Fee $ 402.00, Receipt Number ANYSDC-24148131)Document filed by Stuart Krohnengold..(Eisenkraft, Michael) Modified on 3/3/2021 (dnh).
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