Stark et al v. KeyCorp et al
| Gregory Stark, Michael Lewin, William Gaff, Kimberly Zahr and Dwight Kurek |
| John Does, Trust Oversight Committee and KeyCorp |
| 1:2020cv01254 |
| June 8, 2020 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 21, 2021. A more recent docket listing may be available from PACER.
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Filing 39
Stipulation and Order of Case Dismissal pursuant to Rule 41(a)(1)(ii). Judge Pamela A. Barker on 10/21/2021. (P,K)
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Filing 38
Proposed Stipulation of Dismissal filed by William Gaff, Dwight Kurek, Michael Lewin, Gregory Stark, Kimberly Zahr. (Richter, Kai)
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Filing 37
Order Status Conference set for 1/6/2022 at 01:30 PM in Chambers 16A. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Judge Pamela A. Barker on 8/25/2021. (W,CM)
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Order [non-document]. The Court has reviewed the Parties' Joint Status Report in anticipation of the status conference set for August 26, 2021. The parties represent that they have been and are engaged in discovery and are making progress. With the fact discovery deadline set for March 11, 2022, the Court believes that a status conference is not necessary at this time. Accordingly, the status conference set for August 26, 2021 is cancelled. An in-person status conference is now set for January 6, 2022 at 1:30 p.m. Separate status conference order to issue. Judge Pamela A. Barker on 8/25/2021. (W,CM)
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Filing 36
Stipulation & Order Plaintiffs and KeyCorp Defendants agree that the individual members of the Committees need not be named as additional defendants to this action and will not be held liable for any monetary judgment entered in this case in their personal capacity. Judge Pamela A. Barker on 6/10/2021. (P,K)
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Filing 35
Joint Proposed Stipulation Regarding Satisfaction of any Money Judgment filed by William Gaff, Dwight Kurek, Michael Lewin, Gregory Stark, Kimberly Zahr. (Richter, Kai)
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Filing 34
Stipulated Protective Order. Judge Pamela A. Barker on 5/26/2021. (P,K)
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Filing 33
Case Management Conference Order. Case is assigned to the complex track. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Discovery due by 3/11/2022; Parties to be Joined and Pleading Amendments due by 9/10/2021; Dispositive Motions due by 7/29/2022. Status Conference set for 8/26/2021 at 02:30 PM to be held telephonically. The Court will provide counsel, via email, instructions for accessing the conference call. Judge Pamela A. Barker on 5/25/2021. (P,K)
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Filing 32
Minutes of proceedings before Judge Pamela A. Barker. Case Management Conference held on 5/25/2021. Separate Case Management Conference Order to issue. (Court Reporter: None.)Time: 12 minutes. (P,K)
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Filing 31
Proposed Stipulation for Protective Order filed by William Gaff, Dwight Kurek, Michael Lewin, Gregory Stark, Kimberly Zahr. (Richter, Kai)
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Filing 30
Answer to #17 Amended complaint filed by KeyCorp, Trust Oversight Committee. (Slater, James)
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Filing 29
Preliminary Estimate/Budget of Amount of Fees and Expenses filed by KeyCorp, Trust Oversight Committee. (Slater, James)
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Filing 28
Preliminary Estimate/Budget of Amount of Fees and Expenses filed by William Gaff, Dwight Kurek, Michael Lewin, Gregory Stark, Kimberly Zahr. (Richter, Kai)
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Filing 27
Report of Parties' Planning Meeting under Fed. R. Civ. P. 26(f) and LR 16.3(B and 23.1 - parties do not consent to this case being assigned to the magistrate judge, filed by William Gaff, Dwight Kurek, Michael Lewin, Gregory Stark, Kimberly Zahr. (Attachments: #1 Stipulated Protocol for Discovery of Electronically Stored Information)(Richter, Kai)
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Filing 26
Unopposed Motion for extension of time until May 25, 2021 to answer filed by KeyCorp, Trust Oversight Committee. Related document(s) #17 . (Davis, Austin)
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Order [non-document] granting Defendants' Unopposed Motion for Extension of Time until May 25, 2021 to answer Plaintiffs' Amended Complaint #26 . Judge Pamela A. Barker on 5/17/2021.(P,K)
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Filing 25
Case Management Conference Scheduling Order with case management conference to be held telephonically on 5/25/2021 at 01:30 PM. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Judge Pamela A. Barker on 5/4/2021. (Attachments: #1 Report of Parties' Planning Meeting Class Action)(P,K)
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Filing 24
Memorandum Opinion and Order: For reasons set forth in this Order, Defendants' Motion to Dismiss (Doc. No. #19 ) is GRANTED IN PART and DENIED IN PART, as follows. Defendants' Motion to Dismiss is granted as to Plaintiffs' claims for the breach of the duty of loyalty with respect to the alleged payment of excessive administrative fees and for the breach of the duties of prudence and loyalty with respect to the MaGIC Fund, and denied in all other respects. Judge Pamela A. Barker on 5/4/2021. (P,K)
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Filing 23
Reply in support of #19 Motion to dismiss the Amended Complaint filed by KeyCorp, Trust Oversight Committee. (Davis, Austin)
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Order [non-document] granting #22 Defendants' Unopposed Motion for extension of Reply Memorandum until 12/04/2020. Entered by Judge Pamela A. Barker on 11/10/2020.(L,Ja)
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Filing 22
Motion for extension of Reply Memorandum until 12/04/2020 filed by KeyCorp, Trust Oversight Committee. Related document(s) #21 . (Davis, Austin)
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Filing 21
Response to #19 Motion to dismiss the Amended Complaint filed by William Gaff, Dwight Kurek, Michael Lewin, Gregory Stark, Kimberly Zahr. (Attachments: #1 Affidavit Declaration of Grace I. Chanin, #2 Exhibit 1 - New Albertson's Form 5500 2016, #3 Exhibit 2 - KeyCorp Form 5500 2016, #4 Exhibit 3 - Nike Inc. Form 5500 2014, #5 Exhibit 4 - Nike Inc. Form 5500 2016, #6 Exhibit 5 - M&T Bank RSP Form 5500, #7 Exhibit 6 - 2019 NEPC DC Plan Progress Report, #8 Exhibit 7 - 2017 NEPC DC Plan & Fee Survey, #9 Exhibit 8 - Caterpillar Form 5500 2016, #10 Exhibit 9 - Citi Form 5500 2016, #11 Exhibit 10 - JC Penney Form 5500, #12 Exhibit 11 - JC Penney Form 5500)(Richter, Kai)
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Filing 20
Address Change Notice by Kai H. Richter filed by on behalf of William Gaff, Dwight Kurek, Michael Lewin, Gregory Stark, Kimberly Zahr. (Richter, Kai)
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Filing 19
Motion to dismiss the Amended Complaint filed by KeyCorp, Trust Oversight Committee. (Attachments: #1 Brief in Support, #2 Exhibit A - Key Plan Annual Fee Disclosures, #3 Exhibit B - GAO Report on Managed Accounts, #4 Exhibit C - 2018 Key Plan Form 5500, #5 Exhibit D - 2018 Citi Plan Form 5500, #6 Exhibit E - 2018 Target Plan Form 5500, #7 Exhibit F - 2019 MaGIC Fund Disclosure) (Warren, Daniel)
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Filing 18
Unopposed Motion for extension of time until October 5, 2020 to answer amended complaint filed by KeyCorp, Trust Oversight Committee. (Warren, Daniel)
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Order [non-document] granting #18 Defendants KeyCorp and Trust Oversight Committee's Unopposed Motion for extension of time until October 5, 2020 to answer amended complaint. Entered by Judge Pamela A. Barker on 9/8/2020.(L,Ja)
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Order [non-document] rendering moot Defendants' Motion to dismiss for failure to state a claim (Related Doc #15 and #17 ). Entered by Judge Pamela A. Barker on 9/1/2020.(L,Ja)
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Filing 17
Amended complaint against John Does, KeyCorp, Trust Oversight Committee and adding new party plaintiff(s) Kimberly Zahr, Dwight Kurek. Filed by Gregory Stark, Michael Lewin, William Gaff, Kimberly Zahr, Dwight Kurek. (Richter, Kai)
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Filing 16
Demand for Jury Trial filed by William Gaff, Michael Lewin, Gregory Stark. (Richter, Kai)
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Filing 15
Motion to dismiss for failure to state a claim filed by John Does, KeyCorp, Trust Oversight Committee. (Attachments: #1 Brief in Support of Defendants' Motion to Dismiss, #2 Exhibit A - 2020 Plan Fee Disclosure, #3 Exhibit B - 2018 Plan Form 5500)(Warren, Daniel)
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Order [non-document] granting #13 Defendant KeyCorp's Unopposed Motion for extension of time until August 10, 2020 to answer Complaint. Entered by Judge Pamela A. Barker on 7/6/2020.(L,Ja)
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Filing 14
Corporate Disclosure Statement filed by KeyCorp. (Warren, Daniel)
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Filing 13
Unopposed Motion for extension of time until August 10, 2020 to answer Complaint filed by KeyCorp, Trust Oversight Committee. (Warren, Daniel)
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Filing 12
Return of Service by personal service executed upon Trust Oversight Committee on 6/18/2020, filed on behalf of Gregory Stark; Michael Lewin; William Gaff (Richter, Kai)
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Filing 11
Return of Service by personal service executed upon KeyCorp on 6/18/2020, filed on behalf of Gregory Stark; Michael Lewin; William Gaff (Richter, Kai)
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Filing 10
Motion for attorney Paul J. Lukas to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10032001, filed by Plaintiff Gregory Stark. (Attachments: #1 Declaration of Paul J. Lukas)(DeRose, Robert)
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Filing 9
Motion for attorney Kai H. Richter to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10031988, filed by Plaintiff Gregory Stark. (Attachments: #1 Declaration of Kai H. Richter)(DeRose, Robert)
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Filing 8
Motion for attorney Grace I. Chanin to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10031961, filed by Plaintiff Gregory Stark. (Attachments: #1 Declaration of Grace I. Chanin)(DeRose, Robert)
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Filing 7
Motion for attorney Brock J. Specht to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10031944, filed by Plaintiff Gregory Stark. (Attachments: #1 Declaration of Brock J. Specht)(DeRose, Robert)
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Order [non-document] granting Plaintiffs' Motion for appearance pro hac vice by attorney Brock J. Specht for William Gaff , Michael Lewin and for Gregory Stark. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #7 ). Entered by Judge Pamela A. Barker on 6/10/2020.(L,Ja)
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Order [non-document] granting Plaintiffs' Motion for appearance pro hac vice by attorney Kai H. Richter for William Gaff, Michael Lewin and for Gregory Stark. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #9 ). Entered by Judge Pamela A. Barker on 6/10/2020.(L,Ja)
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Order [non-document] granting Plaintiffs' Motion for appearance pro hac vice by attorney Paul J. Lukas for William Gaff, Michael Lewin and for Gregory Stark. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #10 ). Entered by Judge Pamela A. Barker on 6/10/2020.(L,Ja)
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Order [non-document] granting Plaintiffs' Motion for appearance pro hac vice by attorney Grace I. Chanin forfor William Gaff , Michael Lewin and for Gregory Stark. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #8 ). Entered by Judge Pamela A. Barker on 6/10/2020.(L,Ja)
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Filing 6
Magistrate Consent Form issued. (M,TL)
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Filing 5
CASE TRANSFERRED IN from District of Ohio Southern. Case number 2:20-cv-02922. Electronic file, transfer order and docket sheet received.
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Filing 4
ORDER - Plaintiffs' counsel inadvertently filed this case in the Southern District of Ohio. This case is hereby TRANSFERRED to the Northern District of Ohio at Cleveland. Signed by Magistrate Judge Elizabeth Preston Deavers on June 8, 2020. (jlk) [Transferred from ohsd on 6/8/2020.]
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Case transferred to Northern District of Ohio at Cleveland. Case file and docket sheet sent Electronically. (jlk) [Transferred from ohsd on 6/8/2020.]
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,TL)
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Judge Pamela A. Barker assigned to case. (M,TL)
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Filing 3
Summons Issued as to KeyCorp and the Trust Oversight Committee. (ew) [Transferred from ohsd on 6/8/2020.]
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Filing 2
AMENDED DOCUMENT by Plaintiff Gregory Stark. Amendment to #1 Complaint, of filing Corrected Civil Cover Sheet. (DeRose, Robert) [Transferred from ohsd on 6/8/2020.]
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7496766), filed by Gregory Stark. (Attachments: #1 Civil Cover Sheet, #2 Summons Form KeyCorp, #3 Summons Form Trust Oversight Committee) (DeRose, Robert) [Transferred from ohsd on 6/8/2020.]
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