Cunningham v. USI Insurance Services, LLC et al
Plaintiff: Lauren Cunningham
Defendant: John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC and Board of Directors of USI Insurance Services, LLC
Case Number: 7:2021cv01819
Filed: March 2, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2022 Opinion or Order Filing 54 MEMO ENDORSEMENT on re: #53 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Jonathan K. Youngwood dated September 6, 2022. filed by USI 401(k) Plan Committee, USI Insurance Services, LLC, Board of Directors of USI Insurance Services, LLC. ENDORSEMENT: The Court is in receipt of the attached letter from Defendants, dated September 6, 2022, seeking leave to file a motion to dismiss the claims against them in Plaintiff's Amended Complaint. Accordingly, the Court waives the pre-motion conference requirement and grants Defendants leave to file their motion pursuant to the following briefing schedule: (1) Defendants' moving papers are to be served (not filed) on October 24, 2022; (2) Plaintiff's opposition papers are to be served (not filed) on December 8, 2022; and (3) Defendants' reply papers are to be served on December 28, 2022. All motion papers are to be filed by the parties on the reply date, December 28, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Clerk of the Court is directed to terminate the motion at ECF No. 53. ( Motions due by 12/28/2022.) (Signed by Judge Nelson Stephen Roman on 9/7/2022) (ate)
September 6, 2022 Opinion or Order Filing 53 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Jonathan K. Youngwood dated September 6, 2022. Document filed by Board of Directors of USI Insurance Services, LLC, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
September 2, 2022 Opinion or Order Filing 52 ORDER denying without prejudice #49 Motion to Dismiss. The Court DENIES Defendants' motion without prejudice for failure to follow this Court's Individual Practices. See Sec. 3.A.ii. The Clerk of the Court is directed to terminate the motion on ECF No. 49. (Signed by Judge Nelson Stephen Roman on 9/2/2022) (ate)
September 2, 2022 Opinion or Order Filing 51 DECLARATION of Jonathan K. Youngwood in Support re: #49 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Board of Directors of USI Insurance Services, LLC, USI 401(k) Plan Committee, USI Insurance Services, LLC. (Attachments: #1 Exhibit A - 2020 Form 5500 for the USI 401(k) Plan, #2 Exhibit B - 2018 Form 5500 for the Healthfirst Profit Sharing 401(K) Plan, #3 Exhibit C - 2018 Form 5500 for the Carlisle, LLC Employee Incentive Plan, #4 Exhibit D - 2018 Form 5500 for the Edward-Elmhurst Healthcare Retirement Savings Plan, #5 Exhibit E - 2018 Form 5500 for the Eurofins Scientific, Inc. 401(k) Incentive Savings Plan, #6 Exhibit F - 2018 Form 5500 for the Jeld-Wen 401(K) Retirement Savings Plan, #7 Exhibit G - 2018 Form 5500 for the Fortive Retirement Savings Plan).(Youngwood, Jonathan)
September 2, 2022 Opinion or Order Filing 50 MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Board of Directors of USI Insurance Services, LLC, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
September 2, 2022 Opinion or Order Filing 49 MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Board of Directors of USI Insurance Services, LLC, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
July 26, 2022 Opinion or Order Filing 48 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time within which Defendants may move, answer, or otherwise respond to the Amended Complaint (Dkt No. 44) is hereby extended up to and including September 2, 2022. The current date by which Defendants are required to respond to the Amended Complaint is August 1, 2022. There have previously been two requests for an extension of time in this matter, which the Court grantedfirst, to extend Defendants' time to respond to the original Complaint and, second, to extend Defendants' time to respond to the Amended Complaint. The present request is made to obtain adequate time to prepare Defendants' response to the Amended Complaint. Plaintiff's counsel has consented to this request. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendants expressly reserve, any and all defenses. NO FURTHER EXTENSIONS SHALL BE GRANTED. SO ORDERED. Board of Directors of USI Insurance Services, LLC answer due 9/2/2022; John and Jane Does 1-30 answer due 9/2/2022; USI 401(k) Plan Committee answer due 9/2/2022; USI Insurance Services, LLC answer due 9/2/2022.( Motions due by 9/2/2022.) (Signed by Judge Nelson Stephen Roman on 7/26/2022) (ate)
July 25, 2022 Opinion or Order Filing 47 PROPOSED STIPULATION AND ORDER. Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
June 15, 2022 Opinion or Order Filing 46 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time within which Defendants may move, answer, or otherwise respond to the Amended Complaint (Dkt No. 44) is hereby extended up to and including August 1, 2022. The original date by which Defendants are required to respond to the Amended Complaint is June 20, 2022. There has previously been one request for an extension of time in this matterto extend Defendants time to respond to the original Complaintwhich the Court granted. The present request is made to obtain adequate time to prepare Defendants' response to the Amended Complaint. Plaintiff's counsel has consented to this request. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendants expressly reserve, any and all defenses. SO ORDERED. Board of Directors of USI Insurance Services, LLC answer due 8/1/2022; John and Jane Does 1-30 answer due 8/1/2022; USI 401(k) Plan Committee answer due 8/1/2022; USI Insurance Services, LLC answer due 8/1/2022.( Motions due by 8/1/2022.) (Signed by Judge Nelson Stephen Roman on 6/15/2022) (ate)
June 15, 2022 Opinion or Order Filing 45 PROPOSED STIPULATION AND ORDER. Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
May 20, 2022 Opinion or Order Filing 44 AMENDED COMPLAINT amending #1 Complaint, against Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC.Document filed by Lauren Cunningham. Related document: #1 Complaint,..(Wood, Paul)
March 25, 2022 Opinion or Order Filing 43 OPINION & ORDER re: #30 MOTION to Dismiss Plaintiff's Complaint. filed by USI 401(k) Plan Committee, USI Insurance Services, LLC, John and Jane Does 1-30, Board of Directors of USI Insurance Services, LLC. For the foregoing reasons, the Court GRANTS Defendants' motion to dismiss (ECF No. 30) and DISMISSES Plaintiff's Complaint without prejudice. Plaintiff is granted leave to file an Amended Complaint. If Plaintiff chooses to do so, she will have until May 20, 2022, to file an Amended Complaint. Defendants are then directed to answer or otherwise respond by June 20, 2022. If Plaintiff fails to file an Amended Complaint within the time allowed, and she cannot show good cause to excuse such failure, any claims dismissed without prejudice by this opinion and order may be deemed dismissed with prejudice. The Clerk of Court is directed to terminate the motion at ECF No. 30. ( Amended Pleadings due by 5/20/2022.) (Signed by Judge Nelson Stephen Roman on 3/25/2022) (ate)
March 11, 2022 Opinion or Order Filing 42 NOTICE of of Supplemental Authority in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss re: #33 Memorandum of Law in Opposition to Motion. Document filed by Lauren Cunningham. (Attachments: #1 Exhibit A - Hughes v. Northwestern, #2 Exhibit B - Sacerdote v. NYU, #3 Exhibit C - Goodman v. Columbus, #4 Exhibit D - Bangalore v. Froedtert, #5 Exhibit E - Shaw v. Quad Graphics, #6 Exhibit F - Turpin v. Duke Energy, #7 Exhibit G - Lauderdale v. NFP, #8 Exhibit H - Smith v. Shoe Show).(Wood, Paul)
January 26, 2022 Opinion or Order Filing 41 ORDER granting #39 Motion to Withdraw as Attorney. The Court GRANTS the application. The Clerk of the Court is directed to terminate the motion at ECF No. 39. Attorney Jonathan Thomas Menitove terminated. (Signed by Judge Nelson Stephen Roman on 1/26/2022) (ate)
January 25, 2022 Opinion or Order Filing 40 NOTICE OF APPEARANCE by Janet Anne Gochman on behalf of Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Gochman, Janet)
January 25, 2022 Opinion or Order Filing 39 MOTION for Jonathan T. Menitove to Withdraw as Attorney . Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
September 2, 2021 Opinion or Order Filing 38 ORDER terminating #37 Motion for Oral Argument. Oral argument is discretionary. If the Court decides to hold argument, argument will be scheduled. The Clerk of Court is kindly directed to terminate the motion at ECF No. 37. (Signed by Judge Nelson Stephen Roman on 9/2/2021) (ate)
July 8, 2021 Opinion or Order Filing 37 LETTER MOTION for Oral Argument addressed to Judge Nelson Stephen Roman from Jonathan K. Youngwood dated July 8, 2021. Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
July 8, 2021 Opinion or Order Filing 36 REPLY MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
July 8, 2021 Opinion or Order Filing 35 CERTIFICATE OF SERVICE of 1. Notice of Defendants' Motion to Dismiss Plaintiff's Complaint; 2. Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiff's Complaint; and 3. Declaration of Jonathan K. Youngwood served on all Counsel on May 24, 2021. Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
July 8, 2021 Opinion or Order Filing 34 DECLARATION of Paul R. Wood in Opposition re: #30 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Lauren Cunningham. (Attachments: #1 Exhibit 1 - Summary Comparison Plan Chart, #2 Exhibit 2 - St. Luke's Health Network Form 5500, #3 Exhibit 3 - 2015 USI Plan Auditor's Report, #4 Exhibit 4 - 2016 USI Plan Auditor's Report, #5 Exhibit 5 - 2017 USI Plan Auditor's Report, #6 Exhibit 6 - 2018 USI Plan Auditor's Report, #7 Exhibit 7 - 2019 USI Plan Auditor's Report).(Wood, Paul)
July 8, 2021 Opinion or Order Filing 33 MEMORANDUM OF LAW in Opposition re: #30 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Lauren Cunningham..(Wood, Paul)
July 8, 2021 Opinion or Order Filing 32 DECLARATION of Jonathan K. Youngwood in Support re: #30 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC. (Attachments: #1 Exhibit A - 2Q19 USI (401)k Plan Disclosure, #2 Exhibit B - 3Q19 USI (401)k Plan Disclosure, #3 Exhibit C - Nov. 16, 2017 Quarterly Statement Email, #4 Exhibit D - 2015 USI 401(k) Plan Form 5500, #5 Exhibit E - 2016 USI 401(k) Plan Form 5500, #6 Exhibit F - 2017 USI 401(k) Plan Form 5500, #7 Exhibit G - 2018 USI 401(k) Plan Form 5500, #8 Exhibit H - 2019 USI 401(k) Plan Form 5500, #9 Exhibit I - Form 5500 Instructions, #10 Exhibit J - 2018 Rexel, Inc. Form 5500, #11 Exhibit K - 2018 Sound Physician's Form 5500, #12 Exhibit L - 2018 Genesis Health Form 5500, #13 Exhibit M - 2018 Flowserve Corp. Form 5500, #14 Exhibit N - 2018 St. Luke's Form 5500, #15 Exhibit O - 2018 Memorial Health Form 5500, #16 Exhibit P - 2018 Boston Consulting Group Form 5500, #17 Exhibit Q - 2018 Bausch Health Form 5500, #18 Exhibit R - 2018 Children's Med. Center Form 5500, #19 Exhibit S - 2018 Ralph Lauren Form 5500, #20 Exhibit T - 2018 Vibra Healthcare Form 5500, #21 Exhibit U - 2018 Republic National Form 5500, #22 Exhibit V - Oct. 31, 2014 Fee Disclosure Email).(Youngwood, Jonathan)
July 8, 2021 Opinion or Order Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
July 8, 2021 Opinion or Order Filing 30 MOTION to Dismiss Plaintiff's Complaint. Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
April 22, 2021 Opinion or Order Filing 29 MEMO ENDORSED ORDER granting #27 Letter Motion for Conference addressed to Judge Nelson Stephen Roman from Jonathan K. Youngwood dated April 19, 2021. ENDORSEMENT: The Court has reviewed Defendants' letter motion requesting a pre-motion conference for their anticipated motion to dismiss (ECF No. 27) and Plaintiff's response thereto (ECF No. 28). The Court waives the pre-motion conference requirement and grants Defendants leave to file their motion to dismiss as follows: the moving papers shall be served (not filed) on May 24, 2021; the opposition shall be served (not filed) on June 23, 2021; the reply shall be served on July 8, 2021. All motion papers shall be filed on the reply date, July 8, 2021. The parties shall provide two courtesy hard copies of the motion papers to Chambers as they are served. The Clerk of Court is directed to terminate the motion at ECF No. 27. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/22/2021) (va)
April 22, 2021 Opinion or Order Filing 28 LETTER RESPONSE in Opposition to Motion addressed to Judge Nelson Stephen Roman from Paul R. Wood dated April 22, 2021 re: #27 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Jonathan K. Youngwood dated April 19, 2021. . Document filed by Lauren Cunningham..(Wood, Paul)
April 22, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 7/8/2021. Responses due by 7/8/2021. Replies due by 7/8/2021. (va)
April 19, 2021 Opinion or Order Filing 27 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Jonathan K. Youngwood dated April 19, 2021. Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
April 12, 2021 Opinion or Order Filing 26 ORDER FOR ADMISSION PRO HAC VICE granting #25 Motion for Margeaux R. Azar 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. The Clerk of Court is directed to terminate the motion at ECF No. 25. (Signed by Judge Nelson Stephen Roman on 4/12/2021) (rj)
April 9, 2021 Opinion or Order Filing 25 MOTION for Margeaux R. Azar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24373788. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lauren Cunningham. (Attachments: #1 Affidavit of Margeaux R. Azar, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Azar, Margeaux)
April 9, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Margeaux R. Azar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24373788. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 30, 2021 Opinion or Order Filing 24 ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Steven A. Schwartz to Appear Pro Hac Vice. (As further set forth in this Order.) The Clerk of Court is directed to terminate the motion at ECF No. 17. (Signed by Judge Nelson Stephen Roman on 3/30/2021) (cf)
March 23, 2021 Opinion or Order Filing 23 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time within which Defendants may move, answer, or otherwise respond to the Complaint is hereby extended up to and including April 22, 2021. The original date by which Defendants are required to respond to the complaint is March 25, 2021. There has been no previous request for extension of time in connection with this matter. Counsel for Defendants has recently been retained and requests this extension to obtain adequate time to prepare Defendants' response. Plaintiff's counsel has consented to this request. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendants expressly reserve, any and all defenses., Board of Directors of USI Insurance Services, LLC answer due 4/22/2021; USI 401(k) Plan Committee answer due 4/22/2021; USI Insurance Services, LLC answer due 4/22/2021. (Signed by Judge Nelson Stephen Roman on 3/23/2021) (nb)
March 23, 2021 Opinion or Order Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
March 23, 2021 Opinion or Order Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent USI Guarantor, Inc., Corporate Parent USI Advantage Corp., Corporate Parent USI, Inc., Other Affiliate KKR & Co. L.P. for USI Insurance Services, LLC. Document filed by USI Insurance Services, LLC..(Youngwood, Jonathan)
March 23, 2021 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Jonathan Thomas Menitove on behalf of Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Menitove, Jonathan)
March 23, 2021 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Jonathan K. Youngwood on behalf of Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC..(Youngwood, Jonathan)
March 23, 2021 Opinion or Order Filing 18 ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Beena M. McDonald 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. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. The Clerk of Court is directed to terminate the motion at ECF No. 16. (Signed by Judge Nelson Stephen Roman on 3/23/2021) (rj)
March 22, 2021 Opinion or Order Filing 17 MOTION for Steven A. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24287827. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lauren Cunningham. (Attachments: #1 Affidavit of Steven A. Schwartz, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Schwartz, Steven)
March 22, 2021 Opinion or Order Filing 16 MOTION for Beena M. McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24284485. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lauren Cunningham. (Attachments: #1 Affidavit of Beena M. McDonald, #2 Certificate of Good Standing, #3 Text of Proposed Order).(McDonald, Beena)
March 22, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Beena M. McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24284485. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 16, 2021 Opinion or Order Filing 15 ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Paul R. Wood 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. The Clerk of Court is directed to terminate the motion at ECF No. 14. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/16/2021) (rj)
March 15, 2021 Opinion or Order Filing 14 MOTION for Paul R. Wood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24251559. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lauren Cunningham. (Attachments: #1 Affidavit of Paul R. Wood, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Wood, Paul)
March 15, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Paul R. Wood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24251559. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 12, 2021 Opinion or Order Filing 13 ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Franklin D. Azar 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. The Clerk of Court kindly directed to terminate the motion at ECF No. 12. (Signed by Judge Nelson Stephen Roman on 3/12/2021) (rj)
March 11, 2021 Opinion or Order Filing 12 MOTION for Franklin D. Azar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24237834. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lauren Cunningham. (Attachments: #1 Affidavit of Franklin D. Azar, #2 Certificate of Good Standing TX, #3 Certificate of Good Standing CO, #4 Text of Proposed Order).(Azar, Franklin)
March 11, 2021 Opinion or Order Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. USI 401(k) Plan Committee served on 3/4/2021, answer due 3/25/2021. Service was accepted by Jordan Robinson - Employee of the Building Messenger Center. Document filed by Lauren Cunningham..(Foster, Timothy)
March 11, 2021 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Board of Directors of USI Insurance Services, LLC served on 3/4/2021, answer due 3/25/2021. Service was accepted by Jordan Robinson - Employee of the Building Messenger Center. Document filed by Lauren Cunningham..(Foster, Timothy)
March 11, 2021 Opinion or Order Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. USI Insurance Services, LLC served on 3/4/2021, answer due 3/25/2021. Service was accepted by Jordan Robinson - Employee of the Building Messenger Center. Document filed by Lauren Cunningham..(Foster, Timothy)
March 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Franklin D. Azar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24237834. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 3, 2021 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to USI 401(k) Plan Committee..(dnh)
March 3, 2021 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Board of Directors of USI Insurance Services, LLC..(dnh)
March 3, 2021 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to USI Insurance Services, LLC..(dnh)
March 3, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy L Foster. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj)
March 3, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(sj)
March 3, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Timothy L Foster. The party information for the following party/parties has been modified: Lauren Cunningham. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
March 3, 2021 Opinion or Order Case Designated ECF. (sj)
March 3, 2021 Opinion or Order Magistrate Judge Judith C. McCarthy 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. (sj)
March 2, 2021 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to USI 401(k) Plan Committee, re: #1 Complaint,. Document filed by Lauren Cunningham..(Foster, Timothy)
March 2, 2021 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Board of Directors of USI Insurance Services, LLC, re: #1 Complaint,. Document filed by Lauren Cunningham..(Foster, Timothy)
March 2, 2021 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to USI Insurance Services, LLC, re: #1 Complaint,. Document filed by Lauren Cunningham..(Foster, Timothy)
March 2, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Foster, Timothy)
March 2, 2021 Opinion or Order Filing 1 COMPLAINT against Board of Directors of USI Insurance Services, LLC, John and Jane Does 1-30, USI 401(k) Plan Committee, USI Insurance Services, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24157682)Document filed by Lauren Cunningham..(Foster, Timothy)

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Defendant: John and Jane Does 1-30
Represented By: Jonathan K. Youngwood
Represented By: Jonathan Thomas Menitove
Represented By: Janet Anne Gochman
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Defendant: USI 401(k) Plan Committee
Represented By: Jonathan K. Youngwood
Represented By: Jonathan Thomas Menitove
Represented By: Janet Anne Gochman
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Defendant: USI Insurance Services, LLC
Represented By: Jonathan K. Youngwood
Represented By: Jonathan Thomas Menitove
Represented By: Janet Anne Gochman
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Defendant: Board of Directors of USI Insurance Services, LLC
Represented By: Jonathan K. Youngwood
Represented By: Jonathan Thomas Menitove
Represented By: Janet Anne Gochman
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Plaintiff: Lauren Cunningham
Represented By: Timothy L Foster
Represented By: Paul R. Wood
Represented By: Steven Schwartz
Represented By: Franklin D Azar
Represented By: Beena M McDonald
Represented By: Margeaux R Azar
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