Pessin v. JPMorgan Chase U.S. Benefits Executive et al
| Joseph Pessin |
| JPMorgan Chase U.S. Benefits Executive, Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company and JPMorgan Chase Retirement Plan |
| 1:2022cv02436 |
| March 25, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Denise L Cote |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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Filing 41
CLERK'S JUDGMENT re: #40 Memorandum & Opinion in favor of Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive against Joseph Pessin. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 9, 2022, the defendants' August 24 motion to dismiss the FAC is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/9/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 40
OPINION AND ORDER re: #32 MOTION to Dismiss Amended Complaint filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive. The defendants' August 24 motion to dismiss the FAC is granted. The Clerk of Court is directed to close the case. (Signed by Judge Denise L. Cote on 12/9/2022) (vfr) Transmission to Orders and Judgments Clerk for processing.
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Filing 39
REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Amended Complaint. . Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy)
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Filing 38
DECLARATION of Teresa S. Renaker in Opposition re: #32 MOTION to Dismiss Amended Complaint.. Document filed by Joseph Pessin..(Lewis, Jeffrey)
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Filing 37
RESPONSE in Opposition to Motion re: #32 MOTION to Dismiss Amended Complaint. . Document filed by Joseph Pessin..(Lewis, Jeffrey)
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Filing 36
ORDER: Accordingly, it is hereby ORDERED that the plaintiff shall file any amended complaint by September 16, 2022. It is unlikely that the plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, the plaintiff shall file any opposition to the motion to dismiss by September 16, 2022. The defendants' reply, if any, shall be filed by September 30, 2022. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 8/24/2022) ( Amended Pleadings due by 9/16/2022., Responses due by 9/16/2022, Replies due by 9/30/2022.) (ks)
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Filing 35
LETTER addressed to Judge Denise L. Cote from Jeremy P. Blumenfeld dated 8/24/2022 re: Request Oral Argument. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy)
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Filing 34
DECLARATION of Jeremy P. Blumenfeld in Support re: #32 MOTION to Dismiss Amended Complaint.. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive. (Attachments: #1 Exhibit A -1999 SPD, #2 Exhibit B - 2000 SPD, #3 Exhibit C - 2005 SPD, #4 Exhibit D - 2019 Annual Benefit Statement, #5 Exhibit E - 2020 Annual Benefit Statement, #6 Exhibit F - Release Agreement, #7 Exhibit G - Pension Benefit Election Packet).(Blumenfeld, Jeremy)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss Amended Complaint. . Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy)
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Filing 32
MOTION to Dismiss Amended Complaint. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy)
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NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case. (aea)
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Filing 31
ORDER granting #29 Letter Motion for Extension of Time to File. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/28/2022) (jca)
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Set/Reset Deadlines: Motions due by 8/24/2022. (jca)
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Filing 30
AMENDED COMPLAINT amending #1 Complaint, against Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive.Document filed by Joseph Pessin. Related document: #1 Complaint,..(Renaker, Teresa)
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Filing 29
LETTER MOTION for Extension of Time to File Motion to Dismiss Amended Complaint addressed to Judge Vernon S. Broderick from Jeremy P. Blumenfeld dated July 27, 2022. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy)
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Filing 28
ORDER: Accordingly, it is hereby: ORDERED that Defendants shall file a letter within seven (7) days deciding whether their motion to dismiss should be deemed moot without prejudice to refile a new motion to dismiss in accordance with Federal Rule of Civil Procedure 15(a)(3), or if I should evaluate Defendants' current motion to dismiss in light of the facts alleged in the amended complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/26/2022) (ama)
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Filing 27
ORDER GRANTING MOTION FOR PRO HAC VICE ADMISSION granting #22 MOTION for Alexis Caris to Appear Pro Hac Vice. The Motion for Pro Hac Vice Admission filed by Alexis Caris satisfies all of the requirements of Rule 1.3(c) of the Local Rules of the United States District Court for the Southern District of New York and, as a result, it is hereby GRANTED. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge Vernon S. Broderick on 7/26/2022) (jca) Modified on 7/28/2022 (jca).
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Filing 26
ORDER GRANTING MOTION FOR PRO HAC VICE ADMISSION granting #21 MOTION for Sari M. Alamuddin to Appear Pro Hac Vice. The Motion for Pro Hac Vice Admission filed by Sari M. Alamuddin satisfies all of the requirements of Rule 1.3(c) of the Local Rules of the United States District Court for the Southern District of New York and, as a result, it is hereby GRANTED. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge Vernon S. Broderick on 7/26/2022) (jca) Modified on 7/28/2022 (jca).
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Filing 25
ORDER GRANTING MOTION FOR PRO HAC VICE ADMISSION granting #20 MOTION for Stephanie R. Reiss to Appear Pro Hac Vice. The Motion for Pro Hac Vice Admission filed by Stephanie R. Reiss satisfies all of the requirements of Rule 1.3(c) of the Local Rules of the United States District Court for the Southern District of New York and, as a result, it is hereby GRANTED. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge Vernon S. Broderick on 7/26/2022) (jca) Modified on 7/28/2022 (jca).
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Filing 24
ORDER GRANTING MOTION FOR PRO HAC VICE ADMISSION granting #19 MOTION for Eric L. Mackie to Appear Pro Hac Vice. The Motion for Pro Hac Vice Admission filed by Eric L. Mackie satisfies all of the requirements of Rule 1.3(c) of the Local Rules of the United States District Court for the Southern District of New York and, as a result, it is hereby GRANTED. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge Vernon S. Broderick on 7/26/2022) (jca) Modified on 7/26/2022 (jca).
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Transmission to Finance Unit (Cashiers). Transmitted re: #24 Order on Motion to Appear Pro Hac Vice to the Finance Unit (Cashiers) for case processing..(jca)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Teresa S. Renaker to RE-FILE Document No. #23 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. 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. (pc)
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Filing 23
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against All Defendants.Document filed by Joseph Pessin. Related document: #1 Complaint,..(Renaker, Teresa) Modified on 7/26/2022 (pc).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Eric L. Mackie to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26453462. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Stephanie R. Reiss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26453526. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Alexis Caris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26453650. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Sari M. Alamuddin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26453604. 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 22
MOTION for Alexis Caris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26453650. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive. (Attachments: #1 Exhibit A - Affidavit of Alexis Caris, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Caris, Alexis)
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Filing 21
MOTION for Sari M. Alamuddin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26453604. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive. (Attachments: #1 Errata A - Affidavit of Sari M. Alamuddin, #2 Exhibit B - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order).(Alamuddin, Sari)
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Filing 20
MOTION for Stephanie R. Reiss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26453526. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive. (Attachments: #1 Exhibit A - Affidavit of Stephanie R. Reiss, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Reiss, Stephanie)
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Filing 19
MOTION for Eric L. Mackie to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26453462. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive. (Attachments: #1 Exhibit A - Affidavit of Eric L. Mackie, #2 Exhibit B - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order).(Mackie, Eric)
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Filing 18
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co., Other Affiliate JPMorgan Chase Bank, N.A. for JPMorgan Chase Retirement Plan. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy)
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Filing 17
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . (Corrected). Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy)
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Filing 16
DECLARATION of Jeremy P. Blumenfeld in Support re: #14 MOTION to Dismiss .. Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive. (Attachments: #1 Exhibit A - 2000 SPD, #2 Exhibit B - 1999 SPD, #3 Exhibit C - 2005 SPD, #4 Exhibit D - 2019 Retirement Statement, #5 Exhibit E - 2020 Retirement Statement, #6 Exhibit F - Release Agreement, #7 Exhibit G - Pension Benefit Election Packet).(Blumenfeld, Jeremy)
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Filing 15
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#17) MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss . . Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy) Modified on 7/12/2022 (lb).
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Filing 14
MOTION to Dismiss . Document filed by Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(Blumenfeld, Jeremy)
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Filing 13
NOTICE of Change of Firm Name and Email Addresses. Document filed by Joseph Pessin..(Renaker, Teresa)
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Filing 12
ORDER GRANTING MOTION BY JEFFERY G. LEWIS FOR ADMISSION PRO HAC VICE granting #11 Motion for Jeffrey G. Lewis to Appear Pro Hac Vice. (Signed by Judge Vernon S. Broderick on 6/3/2022) (ks)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Jeffrey G. Lewis 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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Filing 11
MOTION for Jeffrey G. Lewis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Pessin. (Attachments: #1 Affidavit Declaration of Jeffrey G. Lewis in Support for Motion for Admission Pro Hac Vice, #2 Exhibit Exhibt A to Declaration of Jeffrey G. Lewis - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Lewis, Jeffrey)
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Filing 10
ORDER GRANTING MOTION OF TERESA S. RENAKER FOR ADMISSION PRO HAC VICE granting #9 Motion for Teresa S. Renaker to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case 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.. (Signed by Judge Vernon S. Broderick on 5/20/2022) (kv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Teresa S. Renaker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26163587. 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 9
MOTION for Teresa S. Renaker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26163587. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Pessin. (Attachments: #1 Affidavit Renaker Affidavit, #2 Exhibit Good Standing Certificate, #3 Text of Proposed Order Proposed Order).(Renaker, Teresa)
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Filing 8
WAIVER OF SERVICE RETURNED EXECUTED. JPMorgan Chase U.S. Benefits Executive waiver sent on 5/10/2022, answer due 7/11/2022. Document filed by Joseph Pessin..(Preminger, David)
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Filing 7
WAIVER OF SERVICE RETURNED EXECUTED. JPMorgan Chase Retirement Plan waiver sent on 5/10/2022, answer due 7/11/2022. Document filed by Joseph Pessin..(Preminger, David)
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Filing 6
WAIVER OF SERVICE RETURNED EXECUTED. Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company waiver sent on 5/10/2022, answer due 7/11/2022. Document filed by Joseph Pessin..(Preminger, David)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Jeffrey G. Lewis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26056104. 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 (415-865-7000);. 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)
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jeffrey G. Lewis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26056104. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Pessin. (Attachments: #1 Affidavit Declaration of Jeffrey G. Lewis in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Standing from the State Bar of California, #3 Text of Proposed Order).(Lewis, Jeffrey) Modified on 4/26/2022 (aea).
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NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Analisa Torres is no longer assigned to the case. (vba)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive..(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David S. Preminger. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David S. Preminger. The party information for the following party/parties has been modified: Joseph Pessin, JPMorgan Chase U.S. Benefits Executive. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Alison J. Nathan is no longer assigned to the case. (laq)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(pc)
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Magistrate Judge Robert W. Lehrburger 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. (pc)
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Case Designated ECF. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to JPMorgan Chase U.S. Benefits Executive, Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, re: #1 Complaint,. Document filed by Joseph Pessin..(Preminger, David)
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Filing 2
CIVIL COVER SHEET filed..(Preminger, David)
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Filing 1
COMPLAINT against Board of Directors of JPMorgan Chase Bank and J.P. Morgan Chase & Company, JPMorgan Chase Retirement Plan, JPMorgan Chase U.S. Benefits Executive. (Filing Fee $ 402.00, Receipt Number ANYSDC-25915176)Document filed by Joseph Pessin..(Preminger, David)
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