Johnson et al v. Carolina Motor Club, Inc. et al
| Wes Johnson, Tamekia Bottoms, The AAA Carolinas Savings & Investment Plan and The Auto Club Group Tax Deferred Savings Plan |
| Carolina Motor Club, Inc. doing business as AAA Carolinas, The Auto Club Insurance Association, The Auto Club Group, Inc., David Parsons, Tommy Burton, Shawn Cherry, Carmen Mabe, Christina Johnson, Colin Campbell and Carolina Motor Club, Inc. doing business as AAA Carolinas doing business as The Auto Group |
| 3:2021cv00319 |
| July 6, 2021 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| David Keesler |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1362 ERISA |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting #43 Motion for Final Approval of the Settlement Agreement. Signed by District Judge Max O. Cogburn, Jr on 3/28/2023. (ams)
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| Minute Entry: MOTION HEARING and SETTLEMENT CONFERENCE held before District Judge Max O. Cogburn, Jr. Settlement is approved. Order to follow. Plaintiffs attorney: Andrew Fitzgerald. Defendants attorney: H. Bernard Tisdale, III; Rene Thorne. Court reporter: Michelle McGirr. (ams) |
| Filing 46 MOTION to Amend/Correct #45 Supplemental Memorandum, by Tamekia Bottoms, Wes Johnson. Responses due by 3/1/2023 (Attachments: #1 Exhibit Amended Plan of Allocation) (Fitzgerald, Andrew). Modified to remove referral on 2/15/2023 (mga). |
| Filing 45 Supplemental Memorandum by Tamekia Bottoms, Wes Johnson as to #43 MOTION for Settlement Final Approval by Tamekia Bottoms, Wes Johnson. (Attachments: #1 Affidavit Declaration of Andrew Fitzgerald with Plan of Allocation)(Fitzgerald, Andrew) |
| Filing 44 MEMORANDUM in Support re #43 MOTION for Settlement Final Approval by Tamekia Bottoms, Wes Johnson. (Fitzgerald, Andrew) |
| Filing 43 MOTION for Settlement Final Approval by Tamekia Bottoms, Wes Johnson. Responses due by 2/15/2023 (Attachments: #1 Proposed Order Ex. 1 Proposed Order, #2 Affidavit Affidavit of Kevin Flynn) (Fitzgerald, Andrew) |
| NOTICE of Hearing on Motion re: #43 MOTION for Settlement Final Approval : Motion Hearing set for 2/27/2023 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams) |
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Filing 42
ORDER granting #41 Motion for Extension of Time of Time Settlement Deadlines. Signed by District Judge Max O. Cogburn, Jr on 11/1/2022. (ams)
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| Set/Reset Hearings: Fairness Hearing set for 2/27/2023 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. (ams) |
| Filing 41 Unopposed MOTION for Extension of Time Settlement Deadlines by Wes Johnson. Responses due by 11/9/2022 (Fitzgerald, Andrew). Modified on 10/26/2022 to remove referral (mek). |
| NOTICE of Hearing: Settlement Conference/Fairness Hearing set for 12/19/2022 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams) |
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Filing 40
ORDER granting #38 Motion to Certify Class. Signed by District Judge Max O. Cogburn, Jr on 9/26/2022. (ams)
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| Filing 39 MEMORANDUM in Support re #38 MOTION to Certify Class and Preliminary Approval by Wes Johnson. (Fitzgerald, Andrew) |
| Filing 38 MOTION to Certify Class and Preliminary Approval by Wes Johnson. Responses due by 9/28/2022 (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Affidavit of ALF, #3 Exhibit Index of Exhibits) (Fitzgerald, Andrew) |
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Filing 37
ORDER granting #36 Joint Status Update and Second Request For Extension. The parties shall have up to and including September 14, 2022 to file a Stipulation of Dismissal. Signed by Magistrate Judge David Keesler on 8/15/2022. (mek)
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| Filing 36 Joint MOTION for Extension of Time to file a dismissal by Wes Johnson. Responses due by 8/29/2022 (Fitzgerald, Andrew). Motions referred to David Keesler. |
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Filing 35
ORDER granting #34 the parties' Joint Status Update And Request For Extension. The parties shall file a Stipulation of Dismissal on or before August 15, 2022. Signed by Magistrate Judge David Keesler on 7/14/22. (mga)
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| Filing 34 Joint MOTION for Extension of Time to file a dismissal and status report by Wes Johnson. Responses due by 7/28/2022 (Fitzgerald, Andrew). Motions referred to David Keesler. |
| Filing 33 Parties Notice of Settlement. COURT NOTICE to the Parties: Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court may dismiss the case without prejudice. Case Settlement Deadline 7/15/2022. (Fitzgerald, Andrew) |
| Filing 32 NOTICE of Appearance by Douglas W. Hanna on behalf of All Plaintiffs (Hanna, Douglas) |
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Filing 31
ORDER granting #30 Joint Motion to Stay Pending Mediation And For Appointment Of Mediator. This matter will remained STAYED until June 13, 2022 , unless otherwise ordered by the Court. Further extension of this deadline is unlikely to be allowed. IT IS FURTHER ORDERED that the parties may use Robert A. Meyer as mediator. IT IS FURTHER ORDERED that the parties shall file a Notice Of Settlement, or in the alternative a Status Report with proposed revised case deadlines, on or before June 15, 2022. Signed by Magistrate Judge David Keesler on 2/14/22. (mga)
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| Filing 30 Joint MOTION to Stay and to Appoint Mediator by Tamekia Bottoms, Wes Johnson. Responses due by 2/28/2022 (Attachments: #1 Exhibit Hughes v. Northwesters) (Fitzgerald, Andrew). Motions referred to David Keesler. |
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Filing 29
ORDER granting #28 Joint Motion for Extension of Time to File Joint Status Report. The parties shall have up to and including February 14, 2022 to file Joint Status Report. Signed by Magistrate Judge David Keesler on 2/7/22. (mga)
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| Filing 28 Joint MOTION for Extension of Time of Scheduling Order Deadlines to File Joint Status Report by Carolina Motor Club, Inc., The Auto Club Group, Inc.. Responses due by 2/22/2022 (Attachments: #1 Proposed Order) (Tisdale, H.). Motions referred to David Keesler. |
| Filing 27 NOTICE of Firm Name and Email Address Change by Tamekia Bottoms, Wes Johnson (Fitzgerald, Andrew) |
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Filing 26
ORDER granting #24 Joint Motion to Stay Proceedings. This matter is stayed pending decision by the United States Supreme Court in Hughes v. Northwestern University, No. 19-1401, cert. granted (U.S. July 2, 2021). The parties shall file a Joint Status Report within fourteen (14) Days of the Supreme Court's decision in Hughes v. Northwestern University. Signed by Magistrate Judge David Keesler on 12/1/21. (mga)
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Filing 25
ORDER denying as moot #19 Defendants' Motion for Partial Dismissal of Plaintiffs' Amended Complaint. Signed by Magistrate Judge David Keesler on 12/1/21. (mga)
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| Filing 24 Joint MOTION to Stay by Carolina Motor Club, Inc., The Auto Club Group, Inc.. Responses due by 12/15/2021 (Attachments: #1 Proposed Order) (Thorne, Rene). Motions referred to David Keesler. |
| Filing 23 AMENDED COMPLAINT with Jury Demand against Carolina Motor Club, Inc., The Auto Club Group, Inc., filed by Tamekia Bottoms, Wes Johnson. (Attachments: #1 Exhibit)(Fitzgerald, Andrew) |
| Filing 22 Corporate Disclosure Statement by The Auto Club Group, Inc. (Thorne, Rene) |
| Filing 21 Corporate Disclosure Statement by Carolina Motor Club, Inc. (Thorne, Rene) |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Dismiss for Failure to State a Claim by Carolina Motor Club, Inc., The Auto Club Group, Inc.. (Attachments: #1 Exhibit 1)(Thorne, Rene) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim by Carolina Motor Club, Inc., The Auto Club Group, Inc.. Responses due by 11/16/2021 (Thorne, Rene) |
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Filing 18
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice added Rene E. Thorne for Carolina Motor Club, Inc. and The Auto Club Group, Inc. Signed by Magistrate Judge David Keesler on 10/8/21. (mga)
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Filing 17
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice added Charles F. Seemann, III for Carolina Motor Club, Inc. and The Auto Club Group, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David Keesler on 10/8/21. (mga)
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| Notice to Charles F. Seemann III: Pursuant to Local Rule 83.1 you are required to (Attorney served via NEF) Deadline by 10/15/2021. (mga) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice as to Rene E. Thorne Filing fee $ 288, receipt number ANCWDC-5259878. by Carolina Motor Club, Inc., The Auto Club Group, Inc.. (Attachments: #1 Exhibit Courts Admitted to Practice Before & In Good Standing) (Tisdale, H.). Motions referred to David Keesler. |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice as to Charles F. Seemann III Filing fee $ 288, receipt number ANCWDC-5259862. by Carolina Motor Club, Inc., The Auto Club Group, Inc.. (Attachments: #1 Exhibit Courts Admitted to Practice Before & In Good Standing) (Tisdale, H.). Motions referred to David Keesler. |
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Filing 14
ORDER granting in part and denying in part without prejudice #13 Joint Motion for Extension of Time to Answer re: #7 Amended Complaint And To Set Briefing Schedule. Carolina Motor Club, Inc. and The Auto Club Group, Inc. answer due 11/2/2021. The motion is therefore denied without prejudice with respect to the request to set a briefing schedule. Signed by Magistrate Judge David Keesler on 10/6/21. (mga)
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| Filing 13 Joint MOTION for Extension of Time to Answer re: #7 Amended Complaint And To Set Briefing Schedule by Carolina Motor Club, Inc., The Auto Club Group, Inc.. (Attachments: #1 Proposed Order) (Tisdale, H.). Motions referred to David Keesler. |
| Filing 12 WAIVER OF SERVICE Returned Executed by Wes Johnson. The Auto Club Group, Inc. waiver sent on 8/18/2021, answer due 10/18/2021. (Fitzgerald, Andrew) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Wes Johnson. Carolina Motor Club, Inc. waiver sent on 8/18/2021, answer due 10/18/2021. (Fitzgerald, Andrew) |
| Filing 9 REQUEST FOR WAIVER of Service sent to Carolina Motor Club, Inc. on 08/26/2021 by Wes Johnson. (Fitzgerald, Andrew) |
| Filing 8 REQUEST FOR WAIVER of Service sent to The Auto Club Group on 08/26/2021 by Wes Johnson. (Fitzgerald, Andrew) |
| Filing 10 Summons Returned Unexecuted as to Tommy Burton and Colin Campbell. (Attachments: #1 Summons Returned Unexecuted Tommy Burton)(dgr) (Additional attachment(s) added on 8/26/2021: #2 Envelope) (dgr). |
| Filing 7 AMENDED COMPLAINT with Jury Demand against Carolina Motor Club, Inc., The Auto Club Group, Inc., filed by Wes Johnson.(Fitzgerald, Andrew) |
| Filing 6 STIPULATION of Dismissal to Certain Defendants by Wes Johnson (Fitzgerald, Andrew) |
| Filing 5 AFFIDAVIT of Service filed by Wes Johnson. The Auto Club Group, Inc. served on 7/20/2021, answer due 8/10/2021. (Attachments: #1 Exhibit A)(Fitzgerald, Andrew) |
| Filing 4 AFFIDAVIT of Service filed by Wes Johnson. Carolina Motor Club, Inc. served on 7/22/2021, answer due 8/12/2021. (Attachments: #1 Exhibit A)(Fitzgerald, Andrew) |
| Filing 3 Summons Issued Electronically as to The Auto Club Insurance Association. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (kab) |
| Filing 2 Summons Issued Electronically as to Tommy Burton, Colin Campbell, Carolina Motor Club, Inc., Shawn Cherry, Christina Johnson, Carmen Mabe, David Parsons, The Auto Club Group, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(kab) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number 0419-5103207), filed by The AAA Carolinas Savings & Investment Plan, Tamekia Bottoms, Wes Johnson, The Auto Club Group Tax Deferred Savings Plan. (Attachments: #1 Cover Sheet)(Fitzgerald, Andrew) |
| Case assigned to District Judge Max O. Cogburn, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(kab) |
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