Anderson v. Advance Publications, Inc. et al
| Jermaine Anderson |
| Advance Publications, Inc., The Board of Trustees of Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan and Does No. 1-20 |
| Chamber of Commerce of the United States of America |
| 1:2022cv06826 |
| August 10, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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Filing 99
DECLARATION of Jermaine Anderson in Support re: #94 MOTION to Certify Class .. Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 98
DECLARATION of Laurie Rubinow in Support re: #94 MOTION to Certify Class .. Document filed by Jermaine Anderson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Rubinow, Laurie)
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Filing 97
MEMORANDUM OF LAW in Support re: #94 MOTION to Certify Class . . Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 96
***SELECTED PARTIES***DECLARATION of Laurie Rubinow in Support re: #94 MOTION to Certify Class .. Document filed by Jermaine Anderson, Advance Publications, Inc., Does No. 1-20. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Motion or Order to File Under Seal: #93 .(Rubinow, Laurie)
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Filing 95
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #94 MOTION to Certify Class . . Document filed by Jermaine Anderson, Advance Publications, Inc., Does No. 1-20. Motion or Order to File Under Seal: #93 .(Rubinow, Laurie)
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Filing 94
MOTION to Certify Class . Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 93
LETTER MOTION to Seal Certain Exhibits to Declaration of Laurie Rubinow in support of Plaintiff's Motion for Class Certification addressed to Judge Analisa Torres from Laurie Rubinow dated May 31, 2023. Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 92
MEMO ENDORSEMENT on re: #91 Letter filed by Advance Publications, Inc.. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 5/26/2023) (kv)
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Filing 91
LETTER addressed to Judge Analisa Torres from Jaime Santos dated May 25, 2023 re: Joint Request to Modify Scheduling Order. Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 90
ORDER granting #89 Motion for Katherine G. McKenney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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Filing 89
MOTION for Katherine G. McKenney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27704115. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc.. (Attachments: #1 Affidavit of Katherine G. McKenney, #2 Text of Proposed Order (Proposed Order)).(McKenney, Katherine)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #89 MOTION for Katherine G. McKenney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27704115. 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 88
THIRD AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of ECF No. 31. The Court will not stay discovery pending its decision on any motion. Pursuant to the authority of Rule 16(c)(2), Fed. R. Civ. P., any motion for summary judgment will be deemed untimely unless a request for a pre-motion conference is made in writing within fourteen (14) days of the date in paragraph 7a i.e., the close of expert discovery. The Final Pretrial Submission Date is thirty (30) days after the Court's ruling on dispositive motions. Counsel for the parties have conferred and their present best estimate of the length of trial is: twelve (12) days. Expert Discovery due by 6/5/2023. Case Management Conference set for 6/20/2023 at 03:00 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/3/2023) (kv)
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Filing 87
PROPOSED CASE MANAGEMENT PLAN. Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 86
NOTICE of Supplemental Authority re: #62 MOTION to Dismiss the Amended Complaint.. Document filed by Advance Publications, Inc.. (Attachments: #1 Exhibit 1).(Santos, Jaime)
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Filing 85
ORDER granting #83 Letter Motion for Leave to File Document. Accordingly: 1. Plaintiff's request to file a motion for class certification under Federal Rule of Civil Procedure 23 is GRANTED; 2. By May 31, 2023, Plaintiff shall file his motion for class certification; 3. By June 21, 2023, Defendant shall file its opposition papers; and 4. By July 5, 2023, Plaintiff shall file his reply, if any. SO ORDERED.. (Signed by Judge Analisa Torres on 4/25/2023) (kv)
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Set/Reset Deadlines: Motions due by 5/31/2023. Responses due by 6/21/2023 Replies due by 7/5/2023. (kv)
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Filing 84
LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Jaime A. Santos dated April 24, 2023 re: #83 LETTER MOTION for Leave to File Motion for Class Certification addressed to Judge Analisa Torres from Anna K. D'Agostino dated April 17, 2023. . Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc...(Santos, Jaime)
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Filing 83
LETTER MOTION for Leave to File Motion for Class Certification addressed to Judge Analisa Torres from Anna K. D'Agostino dated April 17, 2023. Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 82
REPLY AFFIDAVIT of Alison V. Douglass in Support re: #62 MOTION to Dismiss the Amended Complaint.. Document filed by Advance Publications, Inc.. (Attachments: #1 Exhibit A).(Santos, Jaime)
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Filing 81
REPLY MEMORANDUM OF LAW in Support re: #62 MOTION to Dismiss the Amended Complaint. . Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 80
SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #79 Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. Expert Discovery due by 6/5/2023. Depositions due by 3/31/2023. Fact discovery due by 3/31/2023. The next Case Management Conference is scheduled for June 20, 2023 at 3:00 p.m. Counsel for the parties have conferred and their present best estimate of the length of trial is: twelve (12) days. SO ORDERED.. (Signed by Judge Analisa Torres on 3/24/2023) (ks) Modified on 3/24/2023 (ks).
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Set/Reset Deadlines: ( Deposition due by 3/31/2023., Expert Discovery due by 6/5/2023., Fact Discovery due by 3/31/2023.), Set/Reset Hearings:( Case Management Conference set for 6/20/2023 at 03:00 PM before Judge Analisa Torres.) (ks)
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Filing 79
LETTER MOTION for Extension of Time to Complete Discovery and Proposed Amended Case Management Plan addressed to Judge Analisa Torres from Anna K. D'Agostino dated March 23, 2023. Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 78
OPPOSITION BRIEF re: #70 Brief, Plaintiff's Response to Brief of Amicus Curiae Chamber of Commerce of the United States of America. Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 77
ORDER granting #76 Letter Motion for Extension of Time to File Response/Reply re #76 LETTER MOTION for Extension of Time to File Response/Reply as to #62 MOTION to Dismiss the Amended Complaint. addressed to Judge Analisa Torres from Jaime A. Santos dated March 20, 2023. GRANTED. By March 30, 2023, Defendant shall file its reply. SO ORDERED. Replies due by 3/30/2023.. (Signed by Judge Analisa Torres on 3/20/2023) (kv)
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Filing 76
LETTER MOTION for Extension of Time to File Response/Reply as to #62 MOTION to Dismiss the Amended Complaint. addressed to Judge Analisa Torres from Jaime A. Santos dated March 20, 2023. Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 75
ORDER: granting #72 Letter Motion for Leave to File Document. GRANTED. By March 22, 2023, Plaintiff shall file his response to the Chamber's amicus brief, ECF No. 70. SO ORDERED. (Signed by Judge Analisa Torres on 3/15/2023) (ama)
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Filing 74
ORDER granting #73 Motion for John T. Crutchlow to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #73 MOTION for John T. Crutchlow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27467311. 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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Set/Reset Deadlines: Responses due by 3/22/2023 (ama)
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Filing 73
MOTION for John T. Crutchlow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27467311. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jermaine Anderson. (Attachments: #1 Affidavit Affidavit of John T. Crutchlow, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Crutchlow, John)
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Filing 72
LETTER MOTION for Leave to File Response to Amicus Brief addressed to Judge Analisa Torres from Anna K. D'Agostino dated March 14, 2023. Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 71
MEMORANDUM OF LAW in Opposition re: #62 MOTION to Dismiss the Amended Complaint. . Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 70
BRIEF re: #69 Order on Motion for Leave to File Document, Brief of Amicus Curiae Chamber of Commerce of the United States of America in Support of Defendant's Motion to Dismiss the Amended Complaint Under Rule 12(B)(6). Document filed by Chamber of Commerce of the United States of America..(Sarnoff, Stuart)
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Filing 69
ORDER granting #68 Letter Motion for Leave to File Document. The Court has reviewed the request by the Chamber of Commerce of the United States of America ("Chamber") for leave to file a revised amicus curiae brief. ECF No. 68. Accordingly, the Chamber's request is GRANTED. By March 6, 2023, the Chamber shall file its brief. SO ORDERED. (Signed by Judge Analisa Torres on 2/27/2023) (tg)
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Set/Reset Deadlines: Brief due by 3/6/2023. (tg)
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Filing 68
LETTER MOTION for Leave to File Amicus Curiae Brief addressed to Judge Analisa Torres from Stuart Sarnoff dated February 23,2023. Document filed by Chamber of Commerce of the United States of America. (Attachments: #1 Exhibit A-Amicus Brief).(Sarnoff, Stuart)
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Filing 67
ORDER with respect to #62 Motion to Dismiss. Accordingly, by March 9, 2023, Plaintiff shall file his opposition, and by March 23, 2023, Defendant shall file its reply, if any. SO ORDERED.. (Signed by Judge Analisa Torres on 2/17/2023) (kv)
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Filing 66
ORDER denying without prejudice as moot #42 Motion to Dismiss. Accordingly, Defendant's motion to dismiss the complaint, ECF No. 42, is DISMISSED, without prejudice, as moot. The Court shall treat the motion to dismiss the amended complaint, ECF No. 62, as the operative motion to dismiss in this action. The Clerk of Court is directed to terminate the motion at ECF No. 42. SO ORDERED.. (Signed by Judge Analisa Torres on 2/17/2023) (kv)
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Filing 65
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: twelve (12) days. Deposition due by 3/27/2023. Fact Discovery due by 3/27/2023. Expert Discovery due by 6/5/2023. Case Management Conference set for 6/20/2023 at 03:00 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/17/2023) (kv)
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Set/Reset Deadlines: Responses due by 3/9/2023 Replies due by 3/23/2023. (kv)
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Filing 64
DECLARATION of Jaime A. Santos in Support re: #62 MOTION to Dismiss the Amended Complaint.. Document filed by Advance Publications, Inc.. (Attachments: #1 Exhibit A - 2021 Form 5500 (Excerpts), #2 Exhibit B - Morningstar Report, #3 Exhibit C - Dec 2017 IC Meeting Minutes, #4 Exhibit D - Aug 2020 IC Meeting Minutes, #5 Exhibit E - WTW Quarterly Report 19Q1).(Santos, Jaime)
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Filing 63
MEMORANDUM OF LAW in Support re: #62 MOTION to Dismiss the Amended Complaint. . Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 62
MOTION to Dismiss the Amended Complaint. Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 61
PROPOSED CASE MANAGEMENT PLAN. Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 60
ORDER terminating #59 Motion for Extension of Time to Complete Discovery. The parties are directed to submit a revised proposed case management plan by February 17, 2023. The submission shall be a joint one. In addition, the parties are reminded that the Court shall not stay discovery pending its decision on any motion. ECF No. 31 paragraph 5; see also ECF No. 59 at 2 n.2. SO ORDERED.. (Signed by Judge Analisa Torres on 2/13/2023) (kv)
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Filing 59
LETTER MOTION for Extension of Time to Complete Discovery and Modify the Case Management Plan and Scheduling Order addressed to Judge Analisa Torres from Anna K. D'Agostino dated February 10, 2023. Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 58
ORDER denying #55 Letter Motion for Conference re: #55 LETTER MOTION for Conference addressed to Judge Analisa Torres from Alison V. Douglass dated January 31, 2023. Accordingly, Defendant's request for a conference, ECF No. 55, is DENIED. The Court shall permit Plaintiff's amended complaint. By February 16, 2023, Defendants shall either: (1) file an answer; (2) file a new motion to dismiss in accordance with the Court's Individual Practices in Civil Cases; or (3) file a letter with the Court stating that they rely on the previously filed motion to dismiss, ECF No. 42. In addition, by February 10, 2023, the parties shall submit a revised proposed case management plan to account for any new discovery deadlines. SO ORDERED.. (Signed by Judge Analisa Torres on 2/2/2023) (kv)
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Set/Reset Deadlines: Advance Publications, Inc. answer due 2/16/2023. Motions due by 2/16/2023. (kv)
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Filing 57
LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Anna K. D'Agostino dated 2/1/2023 re: #55 LETTER MOTION for Conference addressed to Judge Analisa Torres from Alison V. Douglass dated January 31, 2023. . Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 56
ORDER with respect to #55 Motion for Conference re: #55 LETTER MOTION for Conference addressed to Judge Analisa Torres from Alison V. Douglass dated January 31, 2023. By February 2, 2023, Plaintiff shall file his response. SO ORDERED.. (Signed by Judge Analisa Torres on 1/31/2023) (kv)
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Filing 55
LETTER MOTION for Conference addressed to Judge Analisa Torres from Alison V. Douglass dated January 31, 2023. Document filed by Advance Publications, Inc...(Douglass, Alison)
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Set/Reset Deadlines: Responses due by 2/2/2023 (kv)
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Filing 54
AMENDED COMPLAINT amending #1 Complaint, against Advance Publications, Inc..Document filed by Jermaine Anderson. Related document: #1 Complaint,..(Rubinow, Laurie)
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Filing 53
BRIEF re: #52 Order on Motion for Leave to File Document, / Brief of Amicus Curiae Chamber of Commerce of The United States of America in Support of Defendants' Motion to Dismiss the Complaint Under Rule 12(B)(6). Document filed by Chamber of Commerce of the United States of America..(Sarnoff, Stuart)
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Filing 52
ORDER granting #47 Letter Motion for Leave to File Document. The Court has reviewed the request by the Chamber of Commerce of the United States of America ("Chamber") for leave to file an amicus curiae brief. ECF No. 47. Accordingly, the request is GRANTED. By January 25, 2023, the Chamber shall file its brief. SO ORDERED.. (Signed by Judge Analisa Torres on 1/18/2023) (kv)
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Filing 51
ORDER granting #49 Motion for Alexander R. Reed to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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Filing 50
ORDER granting #48 Motion for Shannon M. Barrett to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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Set/Reset Deadlines: Brief due by 1/25/2023. (kv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #49 MOTION for Alexander R. Reed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27203605. Motion and supporting papers to be reviewed by Clerk's Office staff., #48 MOTION for Shannon M. Barrett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27203449. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac)
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Filing 49
MOTION for Alexander R. Reed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27203605. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chamber of Commerce of the United States of America. (Attachments: #1 Affidavit - Declaration of Alexander R. Reed, #2 Exhibit - Certificate of Good Standing - DC, #3 Exhibit - Certificate of Good Standing - MD, #4 Text of Proposed Order for Admission Pro Hac Vice).(Reed, Alexander)
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Filing 48
MOTION for Shannon M. Barrett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27203449. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chamber of Commerce of the United States of America. (Attachments: #1 Affidavit - Declaration of Shannon M. Barrett, #2 Exhibit - Certificate of Good Standing - IL, #3 Exhibit - Certificate of Good Standing - DC, #4 Text of Proposed Order for Admission Pro Hac Vice).(Barrett, Shannon)
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Filing 47
LETTER MOTION for Leave to File Amicus Brief addressed to Judge Analisa Torres from Stuart Sarnoff dated January 13, 2023. Document filed by Chamber of Commerce of the United States of America. (Attachments: #1 Exhibit A - Chamber Amicus Brief).(Sarnoff, Stuart)
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Filing 46
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Analisa Torres on 1/12/23) (yv)
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Filing 45
PROPOSED PROTECTIVE ORDER. Document filed by Advance Publications, Inc...(Douglass, Alison)
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Filing 44
DECLARATION of Jaime A. Santos in Support re: #42 MOTION to Dismiss .. Document filed by Advance Publications, Inc.. (Attachments: #1 Exhibit A - 2021 Form 5500 (Excerpts), #2 Exhibit B - DOL Guidance, #3 Exhibit C - Morningstar Report).(Santos, Jaime)
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Filing 43
MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss . . Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 42
MOTION to Dismiss . Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 41
ORDER: granting #35 Letter Motion for Leave to File Document. The Court has reviewed the parties' letters dated November 15, 22, and 30, 2022. ECF Nos.35, 38, 40. Accordingly: 1. Defendant's request to file a motion to dismiss under Federal Rules of Civil Procedure 8(a) and 12(b)(6) is GRANTED; 2. By January 6, 2023, Defendant shall file its motion to dismiss; 3. By January 27, 2023, Plaintiff shall file his opposition papers; and 4. By February 10, 2023, Defendant shall file its reply, if any. SO ORDERED. (Signed by Judge Analisa Torres on 12/01/2022) (ama)
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Set/Reset Deadlines: Motions due by 1/6/2023. Responses due by 1/27/2023 Replies due by 2/10/2023. (ama)
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Filing 40
LETTER addressed to Judge Analisa Torres from Jaime A. Santos dated November 30, 2022 re: Response to the Court's Order of November 28, 2022. Document filed by Advance Publications, Inc...(Santos, Jaime)
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Filing 39
ORDER: The Court has reviewed the parties' letters dated November 15 and 22, 2022. ECF Nos. 35, 38. The parties' letters do not specify whether Defendants seek to move to dismiss the complaint under Federal Rule of Procedure 12(b). By November 30, 2022, Defendants shall inform the Court whether their pre-motion letter at ECF No. 35 is made under Rule 12(b), and, if so, under which specific subsection and/or subsections. SO ORDERED. (Signed by Judge Analisa Torres on 11/28/2022) (ks)
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Filing 38
LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Anna K. D'Agostino dated November 22, 2022 re: #35 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Jaime A. Santos dated November 15, 2022. . Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 37
JOINT STIPULATION: Plaintiff Jermaine Anderson ("Plaintiff") and Defendants Advance Publications, Inc., the Board of Trustees of Advance Publications, Inc., and the Administrative Committee of the Advance 401(k) Plan (collectively, Defendants), by and through their undersigned counsel, hereby stipulate and agree as follows (the "Stipulation"): 1.Plaintiff agrees to voluntarily dismiss without prejudice and costs to any party,pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Board of Trustees of Advance Publications, Inc. (the "Board") and the Administrative Committee of the Advance 401(k) Plan (the "Committee") as defendants in the above-captioned action (the Board and Committee are each defined as a "Dismissed Defendant"). Plaintiff further agrees to forego naming the individual members of the Board and Committee who served from August 10, 2016 to the present, or any individual fiduciaries responsible for overseeing the Advance 401(k) Plan (the "Plan") and/or responsible for appointing and monitoring those Plan fiduciaries in the same period, as defendants in the above-captioned action or any other case based on the same or similar allegations. 2.Defendants, while presently denying all liability and damages, agree that, in the event any final monetary judgment may be entered in this case based on the actions or omissions of the fiduciaries responsible for overseeing the Plan and/or individuals or entities responsible for appointing and monitoring those fiduciaries, and subject to any appeal from any such judgment and without waiving any right to appeal from such judgment, Defendant Advance Publications, Inc. will be responsible for and will satisfy any such final judgment. 3.Counsel for Defendants agree to use best efforts to make available fiduciaries responsible for overseeing and supervising the investment and management of the assets in the Plan to respond to valid discovery requests, including deposition by valid notice, to the extent required of parties to the above-captioned action under the Federal Rules of Civil Procedure. This paragraph is not intended to waive any such individual or entity's right to object to discovery requests on any other basis. 4.The Dismissed Defendants agree to toll any applicable statutes of limitations and statutes of repose applicable to the claims asserted in Plaintiffs Class Action Complaint (ECF No. 1) until such time as the above captioned action is fully and finally resolved. However, if the above-captioned action is dismissed with prejudice, Plaintiff agrees not to file a separate action against the Dismissed Defendants or any individual fiduciaries responsible for overseeing the Plan and/or responsible for appointing and monitoring those Plan fiduciaries based on the same or similar allegations. 5.This Stipulation is not intended to waive Plaintiff's right to amend under Federal Rule of Civil Procedure 15 or otherwise, but is for the convenience of the parties to streamline litigation of the above-captioned action and to avoid the distraction and inconvenience of each Dismissed Defendant remaining a party to the case. 6.This Stipulation is deemed effective as of August 10, 2022. SO ORDERED. The Clerk of Court is directed to terminate the Board of Trustees of Advance Publications, Inc. and the Administrative Committee of the Advance 401(k) Plan as Defendants in this action. The Administrative Committee of the Advance 401(k) Plan and The Board of Trustees of Advance Publications, Inc. terminated. (Signed by Judge Analisa Torres on 11/17/2022) (kv)
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Filing 36
NOTICE of stipulation regarding satisfaction of judgment and dismissal of certain defendants. Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 35
LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from Jaime A. Santos dated November 15, 2022. Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc...(Santos, Jaime)
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Filing 34
ORDER granting #32 Motion for Alec J. Berin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Alec J. Berin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26851733. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 33
NOTICE OF APPEARANCE by James C. Shah on behalf of Jermaine Anderson..(Shah, James)
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Filing 32
MOTION for Alec J. Berin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26851733. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jermaine Anderson. (Attachments: #1 Affidavit of Alec J. Berin, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice Motion).(Berin, Alec)
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Filing 31
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. Fact Discovery due by 2/10/2023. Depositions to be completed by 2/10/2023. Expert Discovery due by 3/27/2023. Counsel for the parties have conferred and their present best estimate of the length of trial is twelve (12) days. Case Management Conference set for 3/7/2023 at 12:40 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/17/2022) (rro)
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Filing 30
PROPOSED CASE MANAGEMENT PLAN. Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 29
ORDER: On October 12, 2022, the parties filed a Civil Case Management Plan and Scheduling Order. ECF No. 28. The document does not conform to the Court's model Civil Case Management and Scheduling Order, which is available at https://nysd.uscourts.gov/hon-analisa-torres. By October 17, 2022, the parties shall file their proposed case management plan. SO ORDERED. (Signed by Judge Analisa Torres on 10/13/2022) (tg) Modified on 10/28/2022 (tg).
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Filing 28
PROPOSED CASE MANAGEMENT PLAN. Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 27
ORDER: On October 11, 2022, the parties filed a joint letter. ECF No. 26. However, the parties did not submit a copy of their proposed case management plan. The parties are directed to consult the Court's Individual Practices in Civil Cases and model Civil Case Management and Scheduling Order, whichare available at https://nysd.uscourts.gov/hon-analisa-torres. By October 15, 2022, the parties shall file their proposed case management plan. SO ORDERED. (Signed by Judge Analisa Torres on 10/12/2022) (ama)
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Filing 26
JOINT LETTER addressed to Judge Analisa Torres from Anna K. D'Agostino dated October 11, 2022 re: Response to the Court's Orders (ECF Nos. 10, 11). Document filed by Jermaine Anderson..(D'Agostino, Anna)
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Filing 25
ORDER granting #24 Motion for Christina L. Hennecken to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Christina L. Hennecken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26772333. 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 24
MOTION for Christina L. Hennecken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26772333. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc.. (Attachments: #1 Affidavit of Christina L. Hennecken, #2 Text of Proposed Order Admitting Counsel Pro Hac Vice).(Hennecken, Christina)
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Filing 23
ORDER granting #21 Motion for Alison V. Douglass to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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Filing 22
ORDER granting #19 Motion for Jordan Bock to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Alison V. Douglass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26739712. 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 21
MOTION for Alison V. Douglass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26739712. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc.. (Attachments: #1 Affidavit of Alison V. Douglass, #2 Text of Proposed Order Admitting Counsel Pro Hac Vice).(Douglass, Alison)
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Filing 20
ORDER granting #18 Motion for Jaime A. Santos to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Jordan Bock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26735144. 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 19
MOTION for Jordan Bock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26735144. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc.. (Attachments: #1 Affidavit of Jordan Bock, #2 Text of Proposed Order Admitting Counsel Pro Hac Vice).(Bock, Jordan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Jaime A. Santos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26725597. 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 18
MOTION for Jaime A. Santos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26725597. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc.. (Attachments: #1 Affidavit of Jaime A. Santos, #2 Text of Proposed Order Admitting Counsel Pro Hac Vice).(Santos, Jaime)
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply re #16 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint, addressed to Judge Analisa Torres from Gabrielle L. Gould dated September 15, 2022. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 9/16/2022) (jca)
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Set/Reset Deadlines: Advance Publications, Inc. answer due 11/3/2022; The Administrative Committee of the Advance 401(k) Plan answer due 11/3/2022; The Board of Trustees of Advance Publications, Inc. answer due 11/3/2022. (jca)
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Filing 16
LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint, addressed to Judge Analisa Torres from Gabrielle L. Gould dated September 15, 2022. Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc...(Gould, Gabrielle)
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Filing 15
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc...(Gould, Gabrielle)
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Filing 14
NOTICE OF APPEARANCE by Gabrielle Lisa Gould on behalf of Advance Publications, Inc., The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc...(Gould, Gabrielle)
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Filing 13
SUMMONS RETURNED EXECUTED. Advance Publications, Inc. served on 8/29/2022, answer due 9/19/2022; The Administrative Committee of the Advance 401(k) Plan served on 8/29/2022, answer due 9/19/2022; The Board of Trustees of Advance Publications, Inc. served on 8/29/2022, answer due 9/19/2022. Service was accepted by Legal Representative and Registered Agent. Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 12
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 8/22/2022) (kv)
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Filing 11
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by October 10, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 8/22/2022) (kv)
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Filing 10
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 8/22/2022) (kv)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to The Administrative Committee of the Advance 401(k) Plan..(sj)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to The Board of Trustees of Advance Publications, Inc.. (sj)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Advance Publications, Inc.. (sj)
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Filing 6
NOTICE OF APPEARANCE by Anna K. D'Agostino on behalf of Jermaine Anderson..(D'Agostino, Anna)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to The Administrative Committee of The Advance 401(k) Plan, re: #1 Complaint,. Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to The Board of Trustees of Advance Publications, Inc., re: #1 Complaint,. Document filed by Jermaine Anderson..(Rubinow, Laurie)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Advance Publications, Inc., re: #1 Complaint,. Document filed by Jermaine Anderson..(Rubinow, Laurie)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Laurie Rubinow. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Stewart D. Aaron 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. (jgo)
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Filing 2
CIVIL COVER SHEET filed..(Rubinow, Laurie)
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Filing 1
COMPLAINT against Advance Publications, Inc., Does No. 1-20, The Administrative Committee of the Advance 401(k) Plan, The Board of Trustees of Advance Publications, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26532981)Document filed by Jermaine Anderson..(Rubinow, Laurie)
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