Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund v. Allianz Global Investors U.S. LLC
| Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund |
| Allianz Global Investors U.S. LLC |
| 1:2021cv07898 |
| September 22, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Other Statutory Actions |
| 29 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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Filing 53
STIPULATED SECOND AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The Clerk of Court is directed to enter this order in all of the Related Actions listed in the caption above. (Signed by Judge Katherine Polk Failla on 11/5/2021) (rro) Modified on 11/9/2021 (rro).
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| Filing 52 PROPOSED PROTECTIVE ORDER. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Proposed Second Amended Protective Order, #2 Redline of Proposed Second Amended PO to Amended PO).(Giuffra, Robert) |
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Filing 51
CIVIL CASE MANAGEMENT PLAN #2: This Civil Case Management Plan ("Plan #2") is submitted by the parties in each of the above-captioned related cases (together, the "Related Actions") in accordance with the Court's September 30, 2021 order and the October 29, 2021 Joint Status Report. Plan #2 supplements Civil Case Management Plan #1 ("Plan #1) (1:20-cv-5615-KPF, ECF No. 65), which remains operative except as provided for herein. Capitalized terms not defined herein have the meaning set forth in Plan #1. In those pending Related Actions filed after December 3, 2020 ("Later-Filed Related Actions") that were not subject to AllianzGI US's February 25, 2021 motion to dismiss (1:20-cv-5615-KPF, ECF No. 82) ("First-Round Motion to Dismiss") decided by the Court on September 30, 2021 (1:20-cv-5615-KPF, ECF No. 106) ("September 30 Order"), AllianzGI US or Allianz Global Investors Distributors LLC (together, "AllianzGI Defendants") will inform Plaintiffs in writing of the grounds on which AllianzGI Defendants intend to move to dismiss, if any, by November 22, 2021. To the extent no amended complaint is filed in any Later-Filed Related Action pursuant to Paragraph 8.1 and AllianzGI Defendants' grounds for dismissal remain unchanged from their November 22, 2021 writing, the Court's pre-motion letter practice for such Later-Filed Related Action is suspended and further set forth in this Order. Plan #1, paragraph 8 is vacated. Any complaint in the Related Actions amended pursuant to the September 30 Order or any amended complaint in any Later-Filed Related Action, shall be filed no later than January 7, 2022. Amendments of the complaints in the Related Actions after January 7, 2022 shall be either with the opposing party's written consent or the Court's leave. Plaintiffs reserve their rights, if any, to amend under Fed. R. Civ. P. 15(a)(1). Plan #1, paragraph 9 is vacated, as are any deadlines for Answers in so-ordered stipulations filed in any Related Action. The parties shall meet and confer no later than January 21, 2022 to set a deadline for Answers in all Related Actions. The Clerk of Court is directed to file this case management plan in all of the Related Actions listed in the caption above. (Amended Pleadings due by 1/7/2022.) (Signed by Judge Katherine Polk Failla on 11/1/2021) (rro)
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| Filing 50 STATUS REPORT. Document filed by Allianz Global Investors U.S. LLC. (Attachments: #1 Exhibit Proposed Case Management Plan #2).(Giuffra, Robert) |
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Filing 49
STIPULATION AND ORDER REGARDING TIME TO RESPOND TO THE COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and AllianzGI as follows: Subject to the exceptions set forth in paragraphs 2 and 3 below, the following orders entered in Arkansas Teacher Retirement System v. Allianz Global Investors US LLC et al., No. 20-cv-05615 ("ATRS Action") and other actions proceeding in coordination with the ATRS Action (collectively, the "Related Actions") are hereby entered in this Action as of the date of this Order: Civil Case Management Plan #1 (the "CMP") (ATRS Action, ECF No. 65); Scheduling Order (ATRS Action, ECF No. 64); Amended Protective Order (ATRS Action, ECF No. 90); ESI Protocol (ATRS Action, ECF No. 74); Joint Discovery Plan (ATRS Action, ECF No. 77); and the Deposition Protocol (ATRS Action, ECF No. 81). These orders are amended to include this Action as a Related Action under the terms of the CMP, and except as otherwise set forth in this Stipulation, discovery shall proceed under these orders.2 AllianzGI will produce to Plaintiff all documents, communications, and other records produced to date in any of the Related Actions within fourteen (14) days of the date of this Order. The time for AllianzGI to move against, answer, or otherwise respond to the Complaint in this Action is subject to the Scheduling Order, the CMP, and any further orders of the Court. The parties agree to the following modifications to the CMP as applicable to this Action: and further set forth in this Order. IT IS SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/21/2021) (rro)
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| Filing 48 PROPOSED STIPULATION AND ORDER. Document filed by Allianz Global Investors U.S. LLC..(Giuffra, Robert) |
| Filing 47 NOTICE OF APPEARANCE by Kathleen Suzanne McArthur on behalf of Allianz Global Investors U.S. LLC..(McArthur, Kathleen) |
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Filing 46
ORDER FOR ADMISSION OF M. STORM BYRD PRO HAC VICE granting #43 Motion for M. Storm Byrd to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 43. (Signed by Judge Katherine Polk Failla on 10/14/2021) (rro)
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Filing 45
ORDER FOR ADMISSION OF KIRK D. DILLMAN PRO HAC VICE granting #44 Motion for Kirk D. Dillman to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 44. (Signed by Judge Katherine Polk Failla on 10/14/2021) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #44 MOTION for Kirk D. Dillman 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. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #43 MOTION for M. Storm Byrd 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. (wb) |
| Filing 44 MOTION for Kirk D. Dillman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund..(Dillman, Kirk) |
| Filing 43 MOTION for M. Storm Byrd to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund..(Byrd, Mason) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #42 MOTION for M. Storm Byrd to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25166279. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (not State Bar). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #41 MOTION for Kirk D. Dillman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25166205. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (not State Bar). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) |
| Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for M. Storm Byrd to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25166279. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund..(Byrd, Mason) Modified on 10/8/2021 (aea). |
| Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kirk D. Dillman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25166205. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund..(Dillman, Kirk) Modified on 10/8/2021 (aea). |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05615-KPF. Notice of Assignment to follow. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (laq) |
| 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. (laq) |
| Filing 40 CASE TRANSFERRED IN from the United States District Court - District of California Southern; Case Number: 3:21-cv-00345. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE REFERRED TO Judge Katherine Polk Failla as possibly related to 1:20-cv-5615. (sjo) |
| Filing 39 Case transferred to District of Southern District of New York. Files transferred electronically to: *District of Southern District of New York*.*500Pearl Street, Room 120**New York, NY 10007-1312*. Signed by Judge M. James Lorenz on 9/21/2021. (Attachments: #1 Transfer Order) (jpp) [Transferred from California Southern on 9/22/2021.] |
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Filing 38
MINUTE ORDER: After further meet and confer efforts, the parties reached an agreement about the appropriate scope of discovery, and will be submitting a stipulation reflecting their agreement. As such, the discovery videoconference scheduled for 9/21/2021 ( #37 ) is VACATED. Signed by Magistrate Judge Allison H. Goddard on 9/21/2021.(no document attached) (hmw) [Transferred from California Southern on 9/22/2021.]
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Filing 37
ORDER Setting Second Discovery Videoconference Regarding Motion for Pre-Answer Discovery (ECF Nos. #32 , #34 ) and the Parties' Email Updates (ECF No. 36 ). Discovery videoconference set for 9/21/2021 at 11:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 9/15/2021.(hmw) [Transferred from California Southern on 9/22/2021.]
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| Filing 36 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Discovery Conference, regarding pending motion for pre-answer discovery #32 #34 , held on 9/9/2021. The parties are ordered to further meet and confer based on the Court's guidance. The parties shall jointly email chambers by September 13, 2021, regarding whether their meet and confer efforts were successful. (Plaintiff Attorney Kirk Dwight Dillman). (Defendant Attorneys Ann-Elizabeth Ostrager, William T. Davison, William N. Kammer, and Shane R. Yeargan). (no document attached) (hmw) [Transferred from California Southern on 9/22/2021.] |
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Filing 35
ORDER Setting Discovery Videoconference Regarding Motion for Pre-Answer Case Management Conference and Pre-Answer Discovery (ECF Nos. #32 , #34 ). Discovery videoconference set for 9/9/2021 at 9:30 AM before Magistrate Judge Allison H. Goddard. Please see order for procedures and deadlines. Signed by Magistrate Judge Allison H. Goddard on 9/2/2021.(hmw) [Transferred from California Southern on 9/22/2021.]
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| Filing 34 RESPONSE in Opposition re #32 Motion for Hearing Opposition to Plaintiff's Request for Status/CMC filed by Allianz Global Investors U.S. LLC. (Kammer, William)(jpp). [Transferred from California Southern on 9/22/2021.] |
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Filing 33
ORDER Setting Briefing Schedule. Before the Court is Plaintiff's Motion for Pre-Answer Case Management Conference and Pre-Answer Discovery. ECF No. #32 . Should Defendant oppose the motion, it must file an opposition brief by August 30, 2021. After Defendant files its opposition, or notice of non-opposition, the Court will take the briefing under submission without oral argument in accordance with Civil Local Rule 7.1(d)(1). Signed by Magistrate Judge Allison H. Goddard on 8/23/2021.(no document attached) (hmw) [Transferred from California Southern on 9/22/2021.]
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| Filing 32 NOTICE OF REQUEST FOR STATUS/CASE MANAGEMENT CONFERENCE by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund (Dillman, Kirk) (jpp). [Transferred from California Southern on 9/22/2021.] |
| Filing 31 RESPONSE re #30 Notice (Other) Plaintiff's Response to Defendant's Notice of Supplemental Authority in Support of Motion to Transfer Venue to the Southern District of New York filed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund. (Dillman, Kirk) (jpp). [Transferred from California Southern on 9/22/2021.] |
| Filing 30 NOTICE of Supplemental Authority in Support of Motion to Transfer Venue to the Southern District of New York by Allianz Global Investors U.S. LLC (Attachments: #1 Exhibit A)(Kammer, William) (jpp). [Transferred from California Southern on 9/22/2021.] |
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Filing 29
ORDER granting #28 Joint Motion to extend time for Defendant to answer or otherwise respond to the complaint. Signed by Judge M. James Lorenz on 4/22/2021. (jpp) [Transferred from California Southern on 9/22/2021.]
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| Filing 28 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Allianz Global Investors U.S. LLC. (Kammer, William) (jpp). [Transferred from California Southern on 9/22/2021.] |
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Filing 27
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #26 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, , from Defendant Allianz Global Investors U.S. LLC. Non-compliance with local rule(s), ECF 2.f.4: lacking signature certification. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by MDS, Law Clerk for Judge M. James Lorenz on 4/21/2021.(mme) [Transferred from California Southern on 9/22/2021.]
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| Filing 26 *STRICKEN PER ECF #27*Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Allianz Global Investors U.S. LLC. (Kammer, William) (mme). (Main Document 26 replaced on 4/21/2021) (mme). Modified on 4/21/2021 to reflect document striken (mme). [Transferred from California Southern on 9/22/2021.] |
| Filing 25 REPLY - Other re #15 MOTION to Change Venue to the Southern District of New York and Memorandum of Points and Authorities in Support filed by Allianz Global Investors U.S. LLC. (Kammer, William) (mme). [Transferred from California Southern on 9/22/2021.] |
| Filing 24 AFFIDAVIT in Opposition re #15 MOTION to Change Venue to the Southern District of New York and Memorandum of Points and Authorities in Support filed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dillman, Kirk) (jpp). [Transferred from California Southern on 9/22/2021.] |
| Filing 23 RESPONSE in Opposition re #15 MOTION to Change Venue to the Southern District of New York and Memorandum of Points and Authorities in Support filed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund. (Dillman, Kirk) (jpp). [Transferred from California Southern on 9/22/2021.] |
| Filing 22 PRO HAC APPROVED: Amy D. Roy, Cole A. Goodman, Mary E. Brust, Robert A. Skinner, William T. Davison appearing for Defendant Allianz Global Investors U.S. LLC (no document attached) (rmc) [Transferred from California Southern on 9/22/2021.] |
| Filing 21 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15606527.) (Application to be reviewed by Clerk.) (Davison, William) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 20 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15606510.) (Application to be reviewed by Clerk.) (Skinner, Robert) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 19 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15606481.) (Application to be reviewed by Clerk.) (Brust, Mary) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 18 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15606471.) (Application to be reviewed by Clerk.) (Goodman, Cole) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 17 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15606423.) (Application to be reviewed by Clerk.) (Roy, Amy) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 16 DECLARATION re #15 MOTION to Change Venue to the Southern District of New York and Memorandum of Points and Authorities in Support by Defendant Allianz Global Investors U.S. LLC. (Attachments: #1 Appendix Appendix A, #2 Appendix Appendix B, #3 Appendix Appendix C, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit Exhibit 3, #7 Exhibit Exhibit 4)(Giuffra, Robert) (jmo). [Transferred from California Southern on 9/22/2021.] |
| Filing 15 MOTION to Change Venue to the Southern District of New York and Memorandum of Points and Authorities in Support by Allianz Global Investors U.S. LLC. (Giuffra, Robert) (jmo). [Transferred from California Southern on 9/22/2021.] |
| Filing 14 PRO HAC APPROVED: Hilary M. Williams, Jacob M. Croke, Ann-Elizabeth Ostrager, Stephanie G. Wheeler, Robert J. Giuffra, Jr. appearing for Defendant Allianz Global Investors U.S. LLC (no document attached) (rmc) [Transferred from California Southern on 9/22/2021.] |
| Filing 13 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15557291.) (Application to be reviewed by Clerk.) (Williams, Hilary) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 12 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15557276.) (Application to be reviewed by Clerk.) (Croke, Jacob) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 11 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15557257.) (Application to be reviewed by Clerk.) (Ostrager, Ann-Elizabeth) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 10 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15557229.) (Application to be reviewed by Clerk.) (Wheeler, Stephanie) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 9 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15557186.) (Application to be reviewed by Clerk.) (Giuffra, Robert) (rmc). [Transferred from California Southern on 9/22/2021.] |
| Filing 8 Corporate Disclosure Statement by Allianz Global Investors U.S. LLC identifying Corporate Parent Allianz Global Investors U.S. Holdings LLC, Other Affiliate Allianz SE for Allianz Global Investors U.S. LLC.. (Kammer, William) (jpp). [Transferred from California Southern on 9/22/2021.] |
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Filing 7
ORDER granting #6 Joint Motion to extend time for Defendant to answer or otherwise respond to the Complaint to on or before 4/21/2021. Signed by Judge M. James Lorenz on 3/21/2021. (jpp) [Transferred from California Southern on 9/22/2021.]
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| Filing 6 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund. (Attachments: #1 Proof of Service)(Dillman, Kirk) (jpp). [Transferred from California Southern on 9/22/2021.] |
| Filing 5 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund. (Dillman, Kirk) (jpp). [Transferred from California Southern on 9/22/2021.] |
| Filing 4 SUMMONS Returned Executed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund. Allianz Global Investors U.S. LLC served. (Dillman, Kirk) (jpp). [Transferred from California Southern on 9/22/2021.] |
| Filing 3 Corporate Disclosure Statement by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund. No Corporate Parents/Interested Parties. (Dillman, Kirk) (jpp). [Transferred from California Southern on 9/22/2021.] |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (zda)(jrd) [Transferred from California Southern on 9/22/2021.] |
| Filing 1 COMPLAINT With Jury Demand Against Allianz Global Investors U.S. LLC (Filing fee $402.00 receipt number ACASDC-15442083.), filed by Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-345-L-AHG. Judge M. James Lorenz and Magistrate Judge Allison H. Goddard are assigned to the case. (Dillman, Kirk)(zda)(jrd) [Transferred from California Southern on 9/22/2021.] |
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| Plaintiff: Board of Trustees of the San Diego County Construction Laborers' Pension Trust Fund | |
| Represented By: | Kirk Dwight Dillman |
| Represented By: | Kirk D Dillman |
| Represented By: | Mason Storm Byrd |
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| Defendant: Allianz Global Investors U.S. LLC | |
| Represented By: | Amy D. Roy |
| Represented By: | Jacob M. Croke |
| Represented By: | Mary E. Brust |
| Represented By: | Robert J. Giuffra, Jr. |
| Represented By: | Ann-Elizabeth Ostrager |
| Represented By: | Cole A Goodman |
| Represented By: | Hilary M. Williams |
| Represented By: | Robert A. Skinner |
| Represented By: | Stephanie G Wheeler |
| Represented By: | William T Davison |
| Represented By: | William N Kammer |
| Represented By: | Jacob Michael Croke |
| Represented By: | Mary Elizabeth Brust |
| Represented By: | Kathleen Suzanne McArthur |
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