Secretary of Labor v. Vadder et al
| Secretary of Labor |
| Michael Flach and Samuel Vadder |
| 5:2020cv00630 |
| July 1, 2020 |
| U.S. District Court for the Western District of Oklahoma |
| Jodi W Dishman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 |
| None |
Docket Report
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| Filing 10 CERTIFICATE of service. (Attachments: #1 Exhibit Exhibit 1 - email chain, #2 Exhibit Exhibit 2 - email chain)(Bernstein, Josh) |
Filing 9
ORDER granting #8 Motion to Stay Case. This action is STAYED for a period of thirty (30) days, or until September 21, 2020, and the show cause hearing scheduled for August 25, 2020, at 2:00 p.m. is STRICKEN, to be reset if necessary upon conclusion of the stay. Petitioner is FURTHER ORDERED to serve a copy of this Order upon Respondents Samuel Vadder and Michael Flach, in their Capacities as Custodians of Records for The Aggregate 401(k) Plan, and to file proof of service showing such service. See Order for all details. Signed by Honorable Jodi W. Dishman on 08/20/2020. (nv)
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| Hearings Terminated: Show Cause Hearing set for August 25, 2020 at 2:00 p.m. terminated. (nv) |
| Filing 8 MOTION to Stay Case by Secretary of Labor. (Bernstein, Josh) |
| Filing 7 CERTIFICATE of Service. (Attachments: #1 Exhibit - email chain, #2 Exhibit - email chain)(Bernstein, Josh) Modified on 7/29/2020 to remove alphabetical labels. Counsel has been notified by e-mail to not use alphabetical labels for exhibits on all future filings (nv). |
| Filing 6 STRICKEN CERTIFICATE of service. (Attachments: #1 Exhibit, #2 Exhibit)(Bernstein, Josh) |
| Filing 5 STRICKEN CERTIFICATE of Service. (Bernstein, Josh) |
| NOTICE from the Court #5 Certificate, STRICKEN due to counsel's failure to comply with this Court's CM-ECF Policies and Procedures Manual, Section II(A)(4)(a). Counsel to refile using numerical labels for exhibits and providing each exhibit with a description in the docket text. Additionally the exhibits should be uploaded as separate attachments. (nv) |
| STRICKEN NOTICE from the Court #6 Certificate, due to counsel's failure to provide a description of his exhibits under this Court's CM-ECF Policies and Procedures Manual, Section II(A)(4)(a). Counsel to refile. (nv) |
| Filing 4 AMENDED ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that Respondents Samuel Vadder and Michael Flach file in this Court a response to this Amended Order to Show Cause within twenty-one (21) days after service of this Order and that Respondents Samuel Vadder and Michael Flach personally appear before this Court, located at the William J. Holloway, Jr. United States Courthouse, Courtroom 502, 200 N.W. 4th Street, Oklahoma City, Oklahoma 73102, at 2:00 p.m., on August 25, 2020. IT IS FURTHER ORDERED that Petitioner must serve a copy of this Amended Order to Show Cause, the Enter Order striking the July 16, 2020 order to show cause, and a copy of the Petition to Enforce Administrative Subpoenas and its exhibits, upon Respondents Samuel Vadder and Michael Flach, in their Capacities as Custodians of Records for The Aggregate 401(k) Plan. See Amended Order for all details. Signed by Honorable Jodi W. Dishman on 07/24/2020. (nv) |
| Filing 3 ENTER ORDER. The Court's previous Order to Show Cause entered on July 16, 2020 Doc. No. #2 , is hereby STRICKEN. The Court will issue an Amended Order to Show Cause imposing an alternative method of service and new deadlines. Petitioner is directed to serve this Enter Order on Respondents. Entered at the direction of the Honorable Jodi W. Dishman on 07/24/2020. (nv) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at #http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI) |
| Filing 2 STRICKEN ORDER TO SHOW CAUSE. It is hereby ordered that Respondents Samuel Vadder and Michael Flach file in this Court a response to this Order to Show Cause within thirty (30) days, or by August 17, 2020 and that Respondents Samuel Vadder and Michael Flach personally appear before this Court, located at the William J. Holloway, Jr. United States Courthouse, Courtroom 502, 200 N.W. 4th Street, Oklahoma City, Oklahoma 73102, at 2:00 p.m., on August 25, 2020. It is further ordered that a copy of this Order to Show Cause, together with a copy of the Petition to Enforce Administrative Subpoenas, be served immediately by the United States Marshals in person upon Respondents Samuel Vadder and Michael Flach, in their Capacities as Custodians of Records for The Aggregate 401(k) Plan. See Order for all details. Signed by Honorable Jodi W. Dishman on 07/16/2020. (nv) Modified on 7/24/2020 striking Order. See Enter Order #3 (nv). |
| Filing 1 PETITION to Enforce Administrative Subpoena by Secretary of Labor. (Attachments: #1 Exhibit Aggregate Exhibits, #2 Attachment Proposed Order, #3 Civil Cover Sheet)(em) |
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