Forman et al v. TriHealth, Inc.
| Nichole Georg, Danielle Forman and Cindy Haney |
| TriHealth, Inc. and TriHealth 401(k) Retirement Savings Plan Retirement Committee |
| 1:2019cv00613 |
| July 26, 2019 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Jeffery P Hopkins |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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***Civil Case Terminated per doc #61 . (zmc)
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Filing 61
STIPULATION of Dismissal by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Kaplan, Benjamin)
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Filing 60
AMENDED SCHEDULING ORDER: Written discovery due by 5/9/2023. Plaintiff's Experts due by 10/3/2023. Defendants' Experts due by 11/17/2023. Rebuttal Experts due by 12/12/2023. Discovery due by 1/30/2024. Dispositive motions due by 3/12/2024. Signed by Judge Jeffery P. Hopkins on 3/13/2023. (kmc)
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Filing 59
STIPULATION Joint Proposed Amended Scheduling Order by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc.. (Gilley, R.)
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Filing 58
ORDER Regarding Discovery. Signed by Judge Jeffery P. Hopkins on 3/3/2023. (kmc)
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Minute Entry for proceedings held before Judge Jeffery P. Hopkins: Telephone Conference held on 2/23/2023 pursuant to parties request under Local Rule 37.1. Present were Benjamin Kaplan, Robert Sparks, and Arthur Stock for Plaintiffs and R. Samuel Gilley for Defendants. Calendar deadlines and scope of discovery discussed. Plaintiffs may obtain discovery of relevant emails, if any, of committee chair. Redaction on basis of relevance was discussed; parties came to an agreement based on representation of Defendants counsel. Deadlines in prior calendar order to be extended roughly 60 days. Counsel shall meet and confer and submit a proposed amended calendar order to the Court within seven days of the date of the conference. SO ORDERED. (kmc)
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NOTATION ORDER: This matter is before the Court in connection with a discovery dispute that parties have submitted for resolution on January 17, 2023. Accordingly, the matter is set for a telephonic status conference on February 23, 2023 at 03:00 PM before Judge Jeffery P. Hopkins. Dial-in information to follow. No later than February 17, 2023, counsel for each party shall email the Court and cc opposing counsel a letter (not to exceed two pages in length) describing the nature of the discovery dispute, the party's respective position, the reason(s) for the impasse, and what efforts have been attempted to resolve the dispute. IT IS SO ORDERED. Signed by Judge Jeffery P. Hopkins on 2/8/2023. (kmc)
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Filing 57
ORDER REASSIGNING CASE. Case reassigned to Judge Jeffery P. Hopkins for all further proceedings. Judge Matthew W. McFarland no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 12/21/22. (jcw)
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Filing 56
Proposed MOTION for Protective Order by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Kaplan, Benjamin)
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Filing 55
CALENDAR ORDER: Initial Disclosures due by 11/14/2022. Non-Expert (Fact) Witnesses due by 1/30/2023. Motions to amend pleadings/add parties due by 2/7/2023.Written discovery due by 2/7/2023. Plaintiff's Experts due by 7/1/2023. Defendants' Experts due by 8/16/2023. Rebuttal Experts due by 9/10/2023. Discovery due by 10/31/2023. Dispositive motions due by 12/12/2023. Signed by Judge Matthew W. McFarland on 11/07/2022. (kaf)
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Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 11/07/2022.Present by phone were Attorneys Benjamin A. Kaplan and Robert R. Sparks, counsel for Plaintiffs, and Attorneys Jennifer Orr Mitchell and R. Samuel Gilley, counsel for Defendant. Status of case discussed. Calendar Order to follow. (kaf)
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Filing 54
RULE 26(f) REPORT by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Kaplan, Benjamin)
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Filing 53
ANSWER to #15 Amended Complaint filed by TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc.. (Mitchell, Jennifer)
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Filing 52
STIPULATION of Extension of Time for Defendants to Answer in Response to Plaintiffs' Complaint by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc.. (Mitchell, Jennifer)
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Reset Deadlines per doc #52 : TriHealth 401(k) Retirement Savings Plan Retirement Committee answer due 9/8/2022; TriHealth, Inc. answer due 9/8/2022. (kh)
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Filing 51
NOTICE by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney of Withdrawal of Mark J. Tamblyn as Counsel for Plaintiffs (Elgersma, Kara)
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NOTATION ORDER granting #50 Motion for Leave to Appear Pro Hac Vice of Kara A. Elgersma. Signed by Magistrate Judge Karen L. Litkovitz on 8/9/2022. (kl)
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Filing 50
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8995625) of Kara A. Elgersma by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Exhibit Certificate of Good Standing) (Sparks, Robert)
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Filing 49
MANDATE of USCA Pursuant to the court's disposition that was filed 07/13/2022 the mandate for this case herebyissues 8/4/22 as to #44 Notice of Appeal filed by Nichole Georg, Cindy Haney, Danielle Forman (pb)
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Filing 48
NOTICE of Appearance by R. Samuel Gilley for Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc. (Gilley, R.)
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Filing 47
OPINION AND JUDGMENT of USCA as to #44 Notice of Appeal filed by Nichole Georg, Cindy Haney, Danielle Forman: The Sixth Circuit ORDERS that the judgment of the District Court is AFFIRMED in PART, REVERSED in PART and REMANDED for further proceedings consistent with the Opinion of this Court. Note: Mandate to issue. (er)
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Filing 46
USCA Appeal Fees received $ 505 receipt number 100CIN043091 re #44 Notice of Appeal filed by Nichole Georg, Cindy Haney, Danielle Forman. (kl)
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Filing fee: $ 505 - Related Document: #44 Notice of Appeal filed by Nichole Georg, Cindy Haney, Danielle Forman.. (Crueger, Charles)
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Filing 45
USCA Case Number 21-3977 for #44 Notice of Appeal filed by Nichole Georg, Cindy Haney, Danielle Forman; case manager Virginia Lee Padgett, 513-564-7032. (er)
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Filing 44
NOTICE OF APPEAL re #43 Clerk's Judgment Filing fee $ 505. by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Crueger, Charles)
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Filing 43
CLERK'S JUDGMENT. (kaf)
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Filing 42
ORDER GRANTING DEFENDANT TRIHEALTH, INC.'S MOTION TO DISMISS PLAINTIFFS' AMENDED CLASS ACTION COMPLAINT (DOC. #20 ): Defendants' Motion to Dismiss (Doc. #20 ) is GRANTED. The facts as pled do not raise a plausible inference that Defendants breached their fiduciary duties. Signed by Judge Matthew W. McFarland on 09/24/2021. (kaf)
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Filing 41
NOTICE by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney Notice of Firm Name and Email Address Change (Coleman, Gregory)
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Filing 40
NOTICE of Supplemental Authority by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc. re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Class Action Complaint (Attachments: #1 Exhibit A - Davis v. Salesforce.com (Salesforce II), #2 Exhibit B - Brown v. Daikin America, Inc.) (Arend, Matthew) Modified text on 5/17/2021 (kl).
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Filing 39
NOTICE of Supplemental Authority by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc. re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Class Action Complaint (Attachments: #1 Exhibit A - Wehner v. Genentech, #2 Exhibit B - Parmer v. Land O'Lakes) (Arend, Matthew) Modified text on 5/17/2021 (kl).
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Filing 38
NOTICE OF SUPPLEMENTAL AUTHORITY re #20 Motion to Dismiss by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc. (Attachments: #1 Exhibit A - Supplemental Authority - Kurtz v. The Vail Corporation) (Arend, Matthew) Modified docket text on 1/25/2021 (kl).
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NOTATATION ORDER granting #35 Motion for Leave to Appear Pro Hac Vice of Mark J. Tamblyn as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously.. Signed by Judge Matthew W. McFarland on 12/1/20. (eh)
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Filing 37
NOTICE by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney re #35 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7724583) of Mark J. Tamblyn (Attachments: #1 Supplement Certificate of Good Standing) (Sparks, Robert)
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Filing 36
NOTICE by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc. re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Class Action Complaint Notice of Supplemental Authority (Attachments: #1 Exhibit A - Supplemental Authority - Davis v Salesforce) (Arend, Matthew)
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NOTATION ORDER granting #34 Motion for Leave to Appear Pro Hac Vice of Edward A. Wallace as CO-COUNSEL in this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Matthew W. McFarland on 10/29/20. (eh)
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Filing 35
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7724583) of Mark J. Tamblyn by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Exhibit Certificate of Good Standing) (Sparks, Robert)
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Filing 34
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7724573) of Edward A. Wallace by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Exhibit Certificate of Good Standing) (Sparks, Robert)
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Filing 33
NOTICE by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney re #22 Response in Opposition to Motion, (Attachments: #1 Supplement Jacobs v. Verizon Communications, Inc., 9/29/2020 decision) (Sparks, Robert)
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Filing 32
NOTICE by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney re #22 Response in Opposition to Motion, Supplemental Authority (Attachments: #1 Supplement Miller v. Autozone, 9/18/2020 Order re Motion to Dismiss) (Sparks, Robert)
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Filing 31
NOTICE by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney re #22 Response in Opposition to Motion, (Attachments: #1 Supplemental Authority, Davis v. Wash. Univ. of St. Louis) (Sparks, Robert)
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Filing 30
NOTICE by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc. Notice of Withdrawal (Arend, Matthew)
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Filing 29
Response re #28 Notice (Other), Defendants' Response to Plaintiffs' Notice of Supplemental Authority by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc.. (Arend, Matthew)
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Filing 28
NOTICE by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney re #22 Response in Opposition to #20 Motion to Dismiss, Submission of Supplemental Authority (Attachments: #1 Supplemental Authority, Pinnell v. Teva, #2 Supplemental Authority, Cates v. Columbia, #3 Supplemental Authority, Moitoso v. Fidelity) (Sparks, Robert) Modified on 4/6/2020 (eh).
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Filing 27
NOTICE by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney re #22 Response in Opposition to #20 MOTION TO DISMISS, Submission of Supplemental Authority (Attachments: #1 Supplemental Authority, Intel Corp Investment Policy Committee v. Sulyma) (Sparks, Robert) Modified docket text and created link to doc. 20 on 2/27/2020 (eh). (eh).
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NOTATION ORDER granting #25 Motion for Leave to Appear Pro Hac Vice of Charles J. Crueger as CO-COUNSEL is this matter ONLY. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Matthew W. McFarland on 2/18/2020. (ss)
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NOTAITON ORDER granting #26 Motion for Leave to Appear Pro Hac Vice of Benjamin Kaplan as CO-COUNSEL is this matter ONLY. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Matthew W. McFarland on 2/18/2020. (ss)
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Filing 26
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7334243) of Benjamin Kaplan by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Sparks, Robert)
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Filing 25
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7334212) of Charles J. Crueger by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Sparks, Robert)
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Filing 24
REPLY to Response to Motion re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Class Action Complaint Defendant TriHealth Inc.'s Reply in Support of its Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc.. (Attachments: #1 Exhibit Updated Exhibit C 2012-2018) (Arend, Matthew)
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Filing 23
ORDER REASSIGNING CASE. Case reassigned to Judge Matthew W. McFarland for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 1/3/2020. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Notation Order: This civil action is before the Court on the parties' joint motion for extension of time for Plaintiffs to file a response to Defendants' motion to dismiss and for Defendants to file a reply. (Doc. #21 ). For good cause shown, that motion (Doc. #21 ) is GRANTED. Plaintiffs shall file their response to Defendants' motion to dismiss (Doc. #20 ) on or before 12/6/19; Defendants shall file their reply on or before 1/17/20. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 12/12/19. (rrs)
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Filing 22
RESPONSE in Opposition re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Class Action Complaint filed by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Exhibit A - Schedule H, 2017 TriHealth 401(K) Retirement Savings Plan) (Sparks, Robert)
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Filing 21
Joint MOTION for Extension of Time to File Response/Reply New date requested 12/5/2019. and 1/17/2020 by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Sparks, Robert) Modified to create link to motion on 12/4/2019 (eh).
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Class Action Complaint by Defendants TriHealth 401(k) Retirement Savings Plan Retirement Committee, TriHealth, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Charles W. Crowther, #2 Exhibit A to Crowther Declaration, #3 Exhibit B to Crowther Declaration, #4 Exhibit C to Crowther Declaration, #5 Exhibit D to Crowther Declaration, #6 Exhibit E to Crowther Declaration, #7 Exhibit F to Crowther Declaration, #8 Exhibit G to Crowther Declaration, #9 Exhibit H to Crowther Declaration, #10 Exhibit 2 - Patterson v. Morgan Stanley) (Mitchell, Jennifer)
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Filing 19
Unopposed MOTION for Extension of Time New date requested 11/13/2019. Extension of Time to Move, Plead, or Otherwise Respond to First Amended Complaint by Defendant TriHealth, Inc.. (Arend, Matthew)
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Notation Order: This civil action is before the Court on Defendants' unopposed motion for extension of time to move, plead, or otherwise respond to Plaintiff's complaint. (Doc. #19 ). For good cause shown, that motion (Doc. #19 ) is GRANTED. Defendants shall move, plead, or otherwise respond to Plaintiff's first amended complaint on or before 11/13/2019. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/29/19. (rrs)
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Reset Deadlines per 1/29/2019 Notation Order: TriHealth 401(k) Retirement Savings Plan Retirement Committee answer due 11/13/2019; TriHealth, Inc. answer due 11/13/2019. (eh)
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Filing 18
Summons Issued as to TriHealth 401(k) Retirement Savings Plan Retirement Committee. (bjc)
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Filing 17
REQUEST for Issuance of Summons. (Sparks, Robert)
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***PLEASE DISREGARD THIS ENTRY. FILED IN ERROR.*** Intra District Transfer - Case transferred to Eastern Division at Columbus as case number 2:19cv4632. This case has been closed and all future filings should be made in case number 2:19cv4632. (eh) Modified on 10/18/2019 (eh).
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Filing 16
RESPONSE to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Sparks, Robert)
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Filing 15
AMENDED COMPLAINT against All Defendants, filed by Danielle Forman, Cindy Haney, Nichole Georg. (Attachments: #1 Exhibit A - TriHealth 401(k) Retirement Savings Plan) (Sparks, Robert)
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Filing 14
Corporate Disclosure Statement by Defendant TriHealth, Inc.. (Mitchell, Jennifer)
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Filing 13
NOTICE of Appearance by Jennifer Orr Mitchell for Defendant TriHealth, Inc. (Mitchell, Jennifer)
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Filing 12
NOTICE by Defendant TriHealth, Inc. re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit Exhibit 1-A TriHealth 2011 401(k) Retirement Savings Plan, #2 Exhibit Exhibit 1-C TriHealth 2016 401(k) Retirement Savings Plan) (Greiner, Benjamin)
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Filing 11
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant TriHealth, Inc.. (Attachments: #1 Affidavit Exhibit 1 Declaration of Charles W. Crowther, #2 Exhibit Exhibit 1-A TriHealth 2011 401(k) Retirement Savings Plan, #3 Exhibit Exhibit 1-B Trust Agreement for TriHealth 401(k) Retirement Savings Plan, #4 Exhibit Exhibit 1-C TriHealth 2016 401(k) Retirement Savings Plan, #5 Exhibit Exhibit 1-D TriHealths 2013-2017 Publicly Filed 5500s, #6 Exhibit Exhibit 1-E Danielle Formans Quarterly Plan Statements, #7 Exhibit Exhibit 1-F Nichole Georgs Quarterly Plan Statements, #8 Exhibit Exhibit 1-G Cindy Haneys Quarterly Plan Statements, #9 Exhibit Exhibit 1-H TriHealth 401(k) Retirement Savings Plan 2012 Investment Policy Statement, #10 Exhibit Exhibit 1-I TriHealth 401(k) Retirement Savings Plan 2016 Investment Policy Statement) (Greiner, Benjamin)
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Filing 10
ORDER granting #9 Motion for Admission pro hac vice of Jordan Lewis. Signed by Judge Timothy S. Black on 9/19/19. (rrs)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7090740) of Jordan Lewis by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Certificate of Good Standing - Supreme Court of Florida, #2 Certificate - Florida Bar Association, #3 Text of Proposed Order) (Sparks, Robert)
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Filing 8
ORDER granting #6 Motion for Admission pro hac vice of Ryan P. McMillan. Signed by Judge Timothy S. Black on 8/22/19. (rrs)
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Filing 7
ORDER granting #5 Motion for Admission pro hac vice of Greg F. Coleman. Signed by Judge Timothy S. Black on 8/22/19. (rrs)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7072326) of Ryan McMillan by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Sparks, Robert)
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Filing 5
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7072289) of Greg F. Coleman by Plaintiffs Danielle Forman, Nichole Georg, Cindy Haney. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Sparks, Robert)
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Notation Order: This civil action is before the Court on Defendant TriHealth, Inc.'s unopposed motion for an extension of time to move, plead, or otherwise respond to Plaintiffs' complaint. For good cause shown, that motion (Doc. 4) is GRANTED. Defendant TriHealth, Inc. shall move, plead, or otherwise respond to Plaintiffs' complaint on or before 9/26/2019. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/19/19. (rrs)
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Filing 4
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 9/26/2019. by Defendant TriHealth, Inc.. (Attachments: #1 Text of Proposed Order) (Arend, Matthew)
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Filing 3
Summons Issued as to TriHealth, Inc.. (jlw)
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Filing 2
Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Greg F. Coleman, Charles Crueger, Benjamin Kaplan and Jordan Lewis. (jlw)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw)
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Filing 1
COMPLAINT with JURY DEMAND against TriHealth, Inc. ( Filing fee $ 400 paid - receipt number: 0648-7031850), filed by Danielle Forman, Cindy Haney, Nichole Georg. (Attachments: #1 Civil Cover Sheet, #2 Summons Form) (Sparks, Robert)
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