Becerra v. Bank of America Corporation et al
| Esmeralda Becerra |
| Bank of America Corporation Corporate Benefits Committee, Bank of America Corporation and Does 1-10, inclusive |
| 3:2024cv00921 |
| October 17, 2024 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| David Keesler |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1001 E.R.I.S.A. |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 38
ORDER granting #37 Motion for Leave to Appear Pro Hac Vice added Alfredo Torrijos for Esmeralda Becerra. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 12/12/24. (mga) NEF regenerated on 12/13/2024 (mga).
|
| Notice to Alfredo Torrijos: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 12/20/2024. (mga) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice as to Alfredo Torrijos Filing fee $ 300, receipt number ANCWDC-6768416. by Esmeralda Becerra. (Mikayelyan, Vahan). Motions referred to David Keesler. |
| Filing 36 MOTION to Dismiss for Lack of Jurisdiction or in the alternative,, MOTION to Dismiss for Failure to State a Claim by Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee. Responses due by 12/4/2024 (Attachments: #1 Memorandum, #2 Appendix, #3 Exhibit (contains front/back of checks for 5212), #4 Exhibit 2019 - The Bank of America 401(k) Plan, #5 Exhibit 2020 - The Bank of America 401(k) Plan, #6 Exhibit 2021 - The Bank of America 401(k) Plan, #7 Exhibit 2022 - The Bank of America 401(k) Plan, #8 Exhibit 2023 - The Bank of America 401(k) Plan) (Muckenfuss, Robert) |
|
Filing 35
ORDER granting #34 Motion to Withdraw as Attorney. Attorney Jennifer B Zargarof terminated. Signed by US Magistrate Judge David Keesler on 11/15/2024. (brl)
|
| Filing 34 MOTION to Withdraw as Attorney by Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee. Responses due by 11/29/2024 (Attachments: #1 Proposed Order) (McCamey, Zachary). Motions referred to David Keesler. |
| SECOND Notice to Jeremy Blumenfeld: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/22/2024. (rth) |
| SECOND Notice to Joshua H. Haffner: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/22/2024. (rth) |
|
Filing 33
ORDER granting #32 Joint Motion to Set a Briefing Schedule for Defendants' Anticipated Motion to Dismiss. The case deadlines are revised as follows: Defendants shall file an Answer, or otherwise respond to Plaintiffs Complaint (Document No. 1), on or before November 20, 2024; Plaintiff shall file a response to Defendants' anticipated Motion To Dismiss on or before January 2, 2025; and Defendants shall file a reply in support of their anticipated Motion To Dismiss on or before January 23, 2025. Signed by US Magistrate Judge David Keesler on 10/29/24. (mga)
|
| Filing 32 Joint MOTION to Set a Briefing Schedule for Defendants' Anticipated Motion to Dismiss by Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee. Responses due by 11/12/2024 (Russell, Matthew). Motions referred to David Keesler. |
|
Filing 31
ORDER granting #30 Motion for Leave to Appear Pro Hac Vice added Jeremy Blumenfeld for Bank of America Corporation and for Bank of America Corporation Corporate Benefits Committee (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 10/29/2024. (cjs)
|
| Filing 30 MOTION for Leave to Appear Pro Hac Vice as to Jeremy Blumenfeld Filing fee $ 300, receipt number ANCWDC-6716774. by Bank of America Corporation. (Attachments: #1 Exhibit A) (McCamey, Zachary). Motions referred to David Keesler. (Main Document 30 replaced on 10/30/2024) (ams). |
| Set/Reset Deadlines: Bank of America Corporation answer due 11/20/2024; Bank of America Corporation Corporate Benefits Committee answer due 11/20/2024. (mga) |
| Notice to Jeremy Blumenfeld: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/5/2024. (cjs) |
|
Filing 29
ORDER granting #27 Motion for Leave to Appear Pro Hac Vice added Vahan Mikayelyan for Esmeralda Becerra. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 10/28/2024. (cjs)
|
|
Filing 28
ORDER granting #26 Motion for Leave to Appear Pro Hac Vice added Joshua H. Haffner for Esmeralda Becerra (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 10/28/2024. (cjs)
|
| Notice to Vahan Mikayelyan: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/4/2024. (cjs) |
| Notice to Joshua H. Haffner: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/4/2024. (cjs) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice as to Vahan Mikayelyan Filing fee $ 300, receipt number ANCWDC-6714100. by Esmeralda Becerra. (Adams, Norris). Motions referred to David Keesler. |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice as to Joshua H. Haffner Filing fee $ 300, receipt number ANCWDC-6714098. by Esmeralda Becerra. (Adams, Norris). Motions referred to David Keesler. |
| Filing 25 NOTICE of Appearance by Norris Arden Adams, II on behalf of Esmeralda Becerra (Adams, Norris) |
|
Filing 24
ORDER granting #22 Motion for Leave to Appear Pro Hac Vice added Mary Ann McNulty for Bank of America Corporation and Bank of America Corporation Corporate Benefits Committee (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 10/25/24. (mga) (Main Document 24 replaced on 10/25/2024) (mga). NEF regenerated on 10/25/2024 (mga).
|
|
Filing 23
ORDER granting #21 Motion for Leave to Appear Pro Hac Vice added Matthew A. Russell for Bank of America Corporation and Bank of America Corporation Corporate Benefits Committee. Signed by US Magistrate Judge David Keesler on 10/25/24. (mga)
|
| Filing 22 MOTION for Leave to Appear Pro Hac Vice as to Mary Ann McNulty Filing fee $ 300, receipt number ANCWDC-6713785. by Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee. (Attachments: #1 Exhibit Exhibit A - Court Admissions) (McCamey, Zachary). Motions referred to David Keesler. (Main Document 22 replaced on 10/28/2024) (ams). |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice as to Matthew A. Russell Filing fee $ 300, receipt number ANCWDC-6713675. by Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee. (Attachments: #1 Exhibit MOTION for Leave to Appear Pro Hac Vice as to Matthew A. Russell Filing fee $ 300, receipt number ANCWDC-6713675. by Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee. (Attachments: #1 Exhibit Exhibit A - Court Admissions) (McCamey, Zachary). Motions referred to David Keesler. (Main Document 21 replaced on 10/28/2024) (ams). Exhibit A - Court Admissions) (McCamey, Zachary). Motions referred to David Keesler. (Main Document 21 replaced on 10/28/2024) (ams). |
| Filing 20 NOTICE of Appearance by Zachary L. McCamey on behalf of Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee (McCamey, Zachary) |
| Filing 19 NOTICE of Appearance by Robert A. Muckenfuss on behalf of Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee (Muckenfuss, Robert) |
| Notice to Mary Ann McNulty: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/1/2024. (mga) |
| Filing 18 Case transferred in from District of California Central; Case Number 5:24-cv-01697. Original electronic file and docket sheet received. |
| Notice to Joshua H Haffner, Alfredo Torrijos, Vahan Mikayelyan, Jennifer B Zargarof: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 10/25/2024. (rth) |
| Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the #Standing Order (rth) |
| Set Deadlines/Hearings: Bank of America Corporation answer due 11/1/2024; Bank of America Corporation Corporate Benefits Committee answer due 11/1/2024. (rth) |
| Case assigned to District Judge Max O. Cogburn, Jr and US 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.(rth) |
|
Filing 17
ORDER TO TRANSFER VENUE PURSUANT TO 28 U.S.C. 1404(A) by Judge Sunshine Suzanne Sykes. The Clerk is directed to transfer this case to the United States District Court for the Western District of North Carolina. Original file electronically sent. (MD JS-6. Case Terminated.) (twdb) [Transferred from California Central on 10/18/2024.]
|
| Filing 16 STIPULATION to Transfer Case to Western District of North Carolina filed by Defendants Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee. (Attachments: #1 Proposed Order to Transfer Venue Pursuant to 28 U.S.C. 1404(a))(Zargarof, Jennifer) [Transferred from California Central on 10/18/2024.] |
| Filing 15 Plaintiff's CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO LOCAL RULE 7.1-1 CERTIFICATE of Interested Parties filed by Defendants Esmeralda Becerra, identifying Haffner Law PC. (Mikayelyan, Vahan) [Transferred from California Central on 10/18/2024.] |
| Filing 14 NOTICE of Interested Parties filed by Defendants Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee, identifying Bank of America Corporation, Bank of America Corp. Corporate Benefits Committee, National Union Fire Insurance Company. (Zargarof, Jennifer) [Transferred from California Central on 10/18/2024.] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT filed by Defendants Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee (Zargarof, Jennifer) [Transferred from California Central on 10/18/2024.] |
| Filing 12 NOTICE of Appearance filed by attorney Jennifer B Zargarof on behalf of Defendants Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee (Attorney Jennifer B Zargarof added to party Bank of America Corporation(pty:dft), Attorney Jennifer B Zargarof added to party Bank of America Corporation Corporate Benefits Committee(pty:dft))(Zargarof, Jennifer) [Transferred from California Central on 10/18/2024.] |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Plaintiff Esmeralda Becerra. upon Bank of America Corporation Corporate Benefits Committee waiver sent by Plaintiff on 8/22/2024, answer due 10/21/2024. Waiver of Service signed by Matthew A. Russell, Counsel for Defendants. (Mikayelyan, Vahan) [Transferred from California Central on 10/18/2024.] |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Plaintiff Esmeralda Becerra. upon Bank of America Corporation waiver sent by Plaintiff on 8/22/2024, answer due 10/21/2024. Waiver of Service signed by Matthew A. Russell, Counsel for Defendants. (Mikayelyan, Vahan) [Transferred from California Central on 10/18/2024.] |
|
Filing 9
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva) [Transferred from California Central on 10/18/2024.]
|
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Bank of America Corporation, Bank of America Corporation Corporate Benefits Committee. (sh) [Transferred from California Central on 10/18/2024.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) [Transferred from California Central on 10/18/2024.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) [Transferred from California Central on 10/18/2024.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Sheri Pym. (sh) [Transferred from California Central on 10/18/2024.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Esmeralda Becerra. (Haffner, Joshua) [Transferred from California Central on 10/18/2024.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Esmeralda Becerra. (Haffner, Joshua) [Transferred from California Central on 10/18/2024.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Esmeralda Becerra. (Haffner, Joshua) [Transferred from California Central on 10/18/2024.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-37999664 - Fee: $405, filed by Plaintiff Esmeralda Becerra. (Attorney Joshua H Haffner added to party Esmeralda Becerra(pty:pla))(Haffner, Joshua) [Transferred from California Central on 10/18/2024.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
