Alaska Laborers-Employers Retirement Fund et al v. Allianz Global Investors U.S. LLC et al
| Augustine J. Merrick II and Steve Geraghty in their Capacity as Fiduciaries of the Alaska Laborers-Employers Retirement Fund, Alaska Laborers-Employers Retirement Fund, Augustine J. Merrick II and Steve Geraghty |
| Allianz Asset Management of America Holdings Inc., Allianz of America Inc., PFP Holdings Inc., Allianz Asset Management GmbH, Allianz SE, Allianz Global Investors U.S. LLC, Allianz Asset Management of America LLC, Allianz Asset Management of America L.P. and Allianz Global Investors U.S. Holdings LLC |
| 1:2021cv01879 |
| March 3, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1104 |
| Plaintiff |
Docket Report
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Filing 25
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)
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| Filing 24 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) |
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Filing 23
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #15 Motion for Amy D. Roy to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate the motion pending at docket entry 15. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/12/2021) (mml)
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Filing 22
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #16 Motion for Cole A. Goodman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate the motion pending at docket entry 16. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/12/2021) (mml)
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Filing 21
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #17 Motion for William Davison to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate the motion pending at docket entry 17. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/12/2021) (mml)
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Filing 20
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #18 Motion for Robert A. Skinner to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate the motion pending at docket entry 18. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/12/2021) (mml)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for William T. Davison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24379557. Motion and supporting papers to be reviewed by Clerk's Office staff., #15 MOTION for Amy D. Roy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24379527. Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24379564. Motion and supporting papers to be reviewed by Clerk's Office staff., #16 MOTION for Cole A. Goodman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24379550. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 19 NOTICE OF APPEARANCE by Mary Elizabeth Brust on behalf of Allianz Global Investors U.S. LLC..(Brust, Mary) |
| Filing 18 MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24379564. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allianz Global Investors U.S. LLC..(Skinner, Robert) |
| Filing 17 MOTION for William T. Davison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24379557. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allianz Global Investors U.S. LLC..(Davison, William) |
| Filing 16 MOTION for Cole A. Goodman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24379550. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allianz Global Investors U.S. LLC..(Goodman, Cole) |
| Filing 15 MOTION for Amy D. Roy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24379527. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Allianz Global Investors U.S. LLC..(Roy, Amy) |
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Filing 14
STIPULATION AND ORDER CONCERNING VOLUNTARY DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1): NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiffs Alaska Laborers- Employers Retirement Fund and Augustine J. Merrick II and Steve Geraghty, in their capacities as trustees and fiduciaries of the Alaska Laborers-Employers Retirement Fund (collectively, Plaintiffs), by and through the undersigned counsel, hereby voluntarily dismiss all claims against Defendants Allianz Global Investors U.S. Holdings LLC, Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, PFP Holdings Inc., Allianz Asset Management of America Holdings Inc., Allianz of America Inc., Allianz Asset Management GmbH, and Allianz SE (the Affiliate Defendants, and together with Plaintiffs, the Parties) without prejudice to their inclusion at a later time. 2. The Parties agree that, to the extent permitted by applicable law, any statute of limitations, statute of repose, or other time-related defenses or claims shall be tolled as to the Affiliate Defendants as if the claims were filed on March 3, 2021, the filing date of the Complaint (ECF No. 1), until December 7, 2021, one year from the date of entry of the CMP entered by the Court on December 7, 2020 in the ATRS Action (the Tolling Period). 3. The Parties shall meet and confer no later than thirty (30) days prior to December 7, 2021 to discuss extending the Tolling Period on mutual consent. 4. The Affiliate Defendants agree that they will not oppose an amendment under Federal Rule of Civil Procedure 15 asserting claims against the Affiliate Defendants as defendants or including any allegations relating to the Affiliate Defendants. The Affiliate Defendants reserve all of their rights and defenses in the event an amended complaint asserting such claims is filed, including the right to move to dismiss the Complaint. 5. The voluntary dismissal of the Affiliate Defendants is further subject to the provisions for tolling of these dismissed claims and other terms and conditions set forth in Paragraph 4 of the CMP., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc., Allianz Asset Management GmbH and Allianz Asset Management of America Holdings Inc. terminated. (Signed by Judge Katherine Polk Failla on 3/24/2021) (nb) Modified on 3/25/2021 (nb).
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Alaska Laborers-Employers Retirement Fund, Steve Geraghty, Augustine J. Merrick II..(Preminger, David) |
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Filing 12
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 Plaintiffs and Defendants as follows: 1. Subject to the provisions set forth in paragraphs 2, 3, 4, and 5 below and the reservation of rights in paragraph 6 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, Plaintiffs are 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 at the time of the filing of this Stipulation. In accordance with the Scheduling Order and the CMP and the dismissal of Plaintiffs' claims against the Dismissed Affiliate Defendants contemplated in paragraph 5, the time for AllianzGI to move against, answer, or otherwise respond to the Complaint in this Action is adjourned until after the Court's resolution of all Initial Motions to Dismiss. (As further set forth herein.) (Signed by Judge Katherine Polk Failla on 3/22/2021) (nb)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Allianz Asset Management GmbH, Allianz Asset Management of America Holdings Inc., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc...(Giuffra, Robert) |
| Filing 10 NOTICE OF APPEARANCE by Hilary M. Williams on behalf of Allianz Asset Management GmbH, Allianz Asset Management of America Holdings Inc., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc...(Williams, Hilary) |
| Filing 9 NOTICE OF APPEARANCE by Jacob Michael Croke on behalf of Allianz Asset Management GmbH, Allianz Asset Management of America Holdings Inc., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc...(Croke, Jacob) |
| Filing 8 NOTICE OF APPEARANCE by Stephanie G Wheeler on behalf of Allianz Asset Management GmbH, Allianz Asset Management of America Holdings Inc., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc...(Wheeler, Stephanie) |
| Filing 7 NOTICE OF APPEARANCE by Ann-Elizabeth Ostrager on behalf of Allianz Asset Management GmbH, Allianz Asset Management of America Holdings Inc., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc...(Ostrager, Ann-Elizabeth) |
| Filing 6 NOTICE OF APPEARANCE by Robert Joseph Giuffra, Jr on behalf of Allianz Asset Management GmbH, Allianz Asset Management of America Holdings Inc., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc...(Giuffra, Robert) |
| 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. (ad) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05615-KPF. Notice of Assignment to follow. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (ad) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Allianz Asset Management GmbH, Allianz Asset Management of America Holdings Inc., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David S Preminger. The party information for the following party/parties has been modified: Augustine J. Merrick II, Steve Geraghty. The information for the party/parties has been modified for the following reason/reasons: party name was entered incorrectly; party text entered was incorrectly. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Katherine Polk Failla as possibly related to 1:20cv5615. (sj) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-05615. Document filed by Alaska Laborers-Employers Retirement Fund, Augustine J. Merrick II and Steve Geraghty in their Capacity as Fiduciaries of the Alaska Laborers-Employers Retirement Fund..(Preminger, David) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Allianz Global Investors U.S. LLC; Allianz Global Investors U.S. Holdings LLC; Allianz Asset Management of America L.P.; Allianz Asset Management of America LLC ; PFP Holdings Inc.; Allianz Asset Management of America Holdings Inc.; Allianz of America Inc.; Allianz Asset Management GMBH; Allianz SE, re: #1 Complaint,,. Document filed by Alaska Laborers-Employers Retirement Fund, Augustine J. Merrick II and Steve Geraghty in their Capacity as Fiduciaries of the Alaska Laborers-Employers Retirement Fund..(Preminger, David) |
| Filing 2 CIVIL COVER SHEET filed..(Preminger, David) |
| Filing 1 COMPLAINT against Allianz Asset Management GmbH, Allianz Asset Management of America Holdings Inc., Allianz Asset Management of America L.P., Allianz Asset Management of America LLC, Allianz Global Investors U.S. Holdings LLC, Allianz Global Investors U.S. LLC, Allianz SE, Allianz of America Inc., PFP Holdings Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24182284)Document filed by Augustine J. Merrick II and Steve Geraghty in their Capacity as Fiduciaries of the Alaska Laborers-Employers Retirement Fund, Alaska Laborers-Employers Retirement Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Preminger, David) |
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