Loomis et al v. Nextep Inc et al
| Brian Loomis, Daniel W Kilday and Jason Boyer |
| John Doe, The Board of Directors of Nextep Inc, Nextep Inc, The Investment Committee of Nextep Inc and The Review Committee of the Nextep Retirement Savings Plan |
| 5:2021cv00199 |
| March 10, 2021 |
| U.S. District Court for the Western District of Oklahoma |
| Joe Heaton |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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Filing 68
JUDGMENT in accordance with the Final Approval Order #66 entered separately this date, judgment is entered certifying the settlement class and approving the Settlement Agreement. Signed by Judge Joe Heaton on 02/14/2023. (lam)
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Filing 67
ORDER granting #57 plaintiffs' counsel attorneys' fees and reimbursement of expenses and plaintiffs' case contribution awards. See order for specifics. Signed by Judge Joe Heaton on 02/14/2023. (lam)
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Filing 66
FINAL ORDER granting the parties' proposed Settlement #55 upon entry of this order, all settling parties, the settlement class, and the Plan shall be bound by the Settlement Agreement, this Final Order and the Judgment. Signed by Judge Joe Heaton on 02/14/2023. (lam)
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| Filing 65 Minute Entry for proceedings held before Judge Joe Heaton: Hearing held on plaintiffs' motion for settlement and final approval of class action #55 and motion for attorney fees #57 . Counsel for the parties present. Court hears oral arguments from counsel. The court approves the class action settlement agreement and motion for attorney fees. Written order to follow. (Court Reporter Susan Fenimore.)(lam) |
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Filing 64
ENTER ORDER the 01/31/2023 hearing on motion for settlement and for final approval of class action settlement #55 is RESCHEDULED to 02/14/2023, at 9:30 a.m., in Courtroom 501 Judge Joe Heaton. Signed by Judge Joe Heaton on 01/30/2023. (lam)
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Filing 63
ENTER ORDER the hearing on #55 motion for settlement and for final approval of class action set 02/01/2023 is RESCHEDULED to January 31, 2023 at 1:30 p.m., in Courtroom No. 501. Signed by Judge Joe Heaton on 01/25/2023. (lam)
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Filing 62
ORDER granting #61 the parties' joint unopposed motion for continuance of the 01/25/2023 hearing on the motion for class certification is RESCHEDULED to 02/01/2023 @ 01:30 PM in Courtroom 501 before Judge Joe Heaton. Signed by Judge Joe Heaton on 12/23/2023. (lam)
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| Filing 61 MOTION to Continue Joint Motion to Continue Fairness Hearing by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(on behalf of all others similarly situated). (Gyandoh, Mark) |
| Filing 60 MEMORANDUM in Support re #57 MOTION for Attorney Fees Plaintiffs' Motion for Award of Fees - Expenses and Reimbursement and Case Contribution Awards, #55 MOTION for Settlement Plaintiffs' Motion for Final Approval of Class Action Settlement Plaintiffs' Supplemental Memorandum of Law in Support of Motions for Final Approval and Award of Attorney Fees - Expenses - Case Contribution Awards filed by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(individually). (Attachments: #1 Exhibit 1 - Supplemental Declaration of Settlement Administrator, #2 Exhibit 2 - Report of Independent Fiduciary)(Gyandoh, Mark) |
| Filing 59 DECLARATION by Jason Boyer(on behalf of all others similarly situated), Daniel W Kilday(individually), Brian Loomis(individually) Declaration of Mark Gyandoh. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Declaration of Jeffrey Mitchell, #3 Exhibit 3 - Excerpts of KTMC Declaration, #4 Exhibit 4 - Excerpts of Nichols Kaster Declaration, #5 Exhibit 5 - Excerpts of Keller Rohrback Declaraton, #6 Exhibit 6 - Excerpts of Robbins Geller Declaration, #7 Exhibit 7 - Excerpts of 2018 Valeo Report, #8 Exhibit 8 - Declaration of Brian Loomis, #9 Exhibit 9 - Declaration of Jason Boyer, #10 Exhibit 10 - Declaration of Daniel Kilday, #11 Exhibit 11 - Troudt Fee Order, #12 Exhibit 12 - Schapker Fee Order)(Gyandoh, Mark) |
| Filing 58 MEMORANDUM in Support re #57 MOTION for Attorney Fees Plaintiffs' Motion for Award of Fees - Expenses and Reimbursement and Case Contribution Awards filed by Jason Boyer(on behalf of all others similarly situated), Daniel W Kilday(on behalf of all others similarly situated), Brian Loomis(on behalf of all others similarly situated). (Gyandoh, Mark) |
| Filing 57 MOTION for Attorney Fees Plaintiffs' Motion for Award of Fees - Expenses and Reimbursement and Case Contribution Awards by Jason Boyer(on behalf of all others similarly situated), Daniel W Kilday(on behalf of all others similarly situated), Brian Loomis(individually). (Attachments: #1 Proposed Order Awarding Attorneys' Fees - Reimbursement of Expenses and Case Contribution Awards)(Gyandoh, Mark) |
| Filing 56 MEMORANDUM in Support re #55 MOTION for Settlement Plaintiffs' Motion for Final Approval of Class Action Settlement filed by Jason Boyer(on behalf of all others similarly situated), Daniel W Kilday(individually), Brian Loomis(individually). (Gyandoh, Mark) |
| Filing 55 MOTION for Settlement Plaintiffs' Motion for Final Approval of Class Action Settlement by Jason Boyer(individually), Daniel W Kilday(on behalf of all others similarly situated), Brian Loomis(individually). (Attachments: #1 Proposed Order)(Gyandoh, Mark) |
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Filing 54
ORDER granting #53 the motion to withdraw of Gabrielle Kelerchian, Esq., as counsel for plaintiffs...the clerk of court is directed to strike Ms. Kelerrchian's name as counsel of record for plaintiffs. Signed by Judge Joe Heaton on 10/11/2022. (lam)
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| Filing 53 MOTION to Withdraw as Attorney by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(individually). (Attachments: #1 Proposed Order)(Kelerchian, Gabrielle) |
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Filing 52
ORDER granting #40 preliminary approval of class action settlement, preliminarily certifying a class for settlement purposes, approving form and manner of settlement notice, preliminarily approving plan of allocation and setting fairness hearing; fairness hearing is set for 01/25/2023 at 10:00 a.m., in Courtroom No. 501, before the Honorable Joe Heaton; see order for specific deadlines. Signed by Judge Joe Heaton on 09/08/2022. (lam)
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| Set/Reset Hearings: per order #52 Preliminary Class Certification Hearing set 01/25/2023 @ 10:00 AM in Courtroom 501 before Judge Joe Heaton. (lam) |
| Filing 51 Minute Entry for proceedings held before Judge Joe Heaton...hearing held on 08/30/ 2022 on the motion #40 to certify class and for preliminary approval of the class; counsel for parties present; court hears oral arguments from counsel; the court sets the fairness hearing on 01/25/2023 @ 10:00 a.m., in Courtroom No. 501; court adjourned. (Court Reporter Sherri Grubbs.) (lam) |
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Filing 50
ORDER denying #49 the parties' joint motion for leave to appear remotely at the 08/30/2022 hearing for preliminary approval of class action settlement...while it is not necessary for all counsel to appear in person, the person presenting the motions and addressing the court's questions should be in the courtroom. Signed by Judge Joe Heaton on 07/27/2022. (lam)
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| Filing 49 JOINT MOTION for Order for Parties to Appear Telephonically or Via Zoom at Hearing on Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(individually). (Attachments: #1 Proposed Order)(Gyandoh, Mark) |
| Filing 48 ENTRY of Appearance by Gabrielle Kelerchian on behalf of Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(individually) (Kelerchian, Gabrielle) (Main Document 48 flattened on 7/26/2022) (rr). |
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Filing 47
ORDER granting #46 Gavrielle P. Kelerchain, Esq., leave to appear pro hac vice as counsel of record for plaintiffs. Signed by Judge Joe Heaton on 07/25/2022. (lam)
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| Filing 46 MOTION for Leave to Appear Pro Hac Vice by All Plaintiffs. (Attachments: #1 Attachment Request for Admission Pro Hac Vice, #2 Attachment Certificate of Good Standing NJ, #3 Attachment Certificate of Good Standing PA)(Travis, Rex) |
| NOTICE from the Court #45 MOTION for Leave to Appear Pro Hac Vice is STRICKEN for failure to comply with LCvR83.2(g). Counsel to refile. (rr) |
| Filing 45 STRICKEN. MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number AOKWDC-3952576 by Jason Boyer(on behalf of all others similarly situated), Daniel W Kilday(individually), Brian Loomis(individually). (Attachments: #1 Pa Certficate of Good Standing, #2 NJ Certificate of Good Standing)(Kelerchian, Gabrielle) |
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Filing 44
AMENDED ORDER Setting Hearing on plaintiffs' motion for preliminary approval of class action settlement #40 on 08/30/2022 @ 01:30 PM in Courtroom 501 before Judge Joe Heaton. Signed by Judge Joe Heaton on 07/14/2022. (lam)
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Filing 43
ORDER Setting Hearing on plaintiffs' motion for preliminary approval of class action settlement #40 ...motion hearing set: 08/30/2022 @ 10:00 AM in Courtroom 501 before Judge Joe Heaton. Signed by Judge Joe Heaton on 07/14/2022. (lam)
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| Filing 42 DECLARATION by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(on behalf of all others similarly situated) re #40 UNOPPOSED MOTION to Certify Class for Preliminary Approval of Class Action Settlement, Preliminary Certification of Class, Approval of Class Notice, Approval of Plan Allocation and Scheduling of Fairness Hearing . (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Declaration of Brian Loomis, #3 Exhibit 3 - Declaration of Jason Boyer, #4 Exhibit 4 - Declaration of Daniel Kilday, #5 Exhibit Ex 5 - List of Class Cert Decisions)(Gyandoh, Mark) |
| Filing 41 MEMORANDUM in Support re #40 UNOPPOSED MOTION to Certify Class for Preliminary Approval of Class Action Settlement, Preliminary Certification of Class, Approval of Class Notice, Approval of Plan Allocation and Scheduling of Fairness Hearing filed by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(on behalf of all others similarly situated). (Gyandoh, Mark) |
| Filing 40 UNOPPOSED MOTION to Certify Class for Preliminary Approval of Class Action Settlement, Preliminary Certification of Class, Approval of Class Notice, Approval of Plan Allocation and Scheduling of Fairness Hearing by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(on behalf of all others similarly situated). (Gyandoh, Mark) |
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Filing 39
ORDER granting the parties' joint motion for extension of time #38 ; plaintiffs shall submit their motion for preliminary approval of class-action settlement and related documents on or before 07/08/2022. Signed by Judge Joe Heaton on 6/30/2022. (cla)
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| Filing 38 JOINT MOTION for Extension of Time to File Motion for Preliminary Approval of Class-Action Settlement and Related Documents by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(individually). (Attachments: #1 Proposed Order)(Gyandoh, Mark) |
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Filing 37
ORDER continuing the stay in this case...the parties are directed to submit their motion for preliminary approval not later than 07/01/2022. Signed by Judge Joe Heaton on 05/10/2022. (lam)
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| Filing 36 NOTICE of Settlement by Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(individually) (Gyandoh, Mark) |
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Filing 35
ORDER the parties' joint unopposed motion for continuance of the stay #34 is granted...all proceedings in this case are stayed until 05/10/2022...parties are directed to notify the court at the end of the stay as to the status of settlement negotiations. Signed by Judge Joe Heaton on 03/21/2022. (lam)
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| Filing 34 JOINT STATUS REPORT and Renewed Joint Motion to Continue Stay of Proceedings by Plaintiffs Jason Boyer, Daniel W Kilday, Brian Loomis. (Gyandoh, Mark) |
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Filing 33
ORDER the parties' joint unopposed motion for continuance of the stay #32 is granted...all proceedings in this case are STAYED until 03/18/2022; the parties are directed to notify the court at the end of the stay as to the status of settlement negotiations. Signed by Judge Joe Heaton on 01/18/2022. (lam)
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| Filing 32 JOINT STATUS REPORT and Renewed Joint Motion to Continue Stay of Proceedings by Plaintiffs Daniel W Kilday, Brian Loomis. (Gyandoh, Mark) |
| Filing 31 NOTICE of Change of Address by Rex K Travis (Travis, Rex) |
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Filing 30
ORDER granting the parties' joint unopposed motion for continuance of the stay #29 ...all proceedings in this case are stayed until 01/17/2022...the parties are directed to notify the court at the end of the stay as to the status of settlement negotiations. Signed by Honorable Joe Heaton on 09/20/2021. (lam)
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| Filing 29 JOINT STATUS REPORT and Joint Motion by Plaintiffs Jason Boyer, Daniel W Kilday, Brian Loomis. (Gyandoh, Mark) |
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Filing 28
ORDER the parties' joint motion to continue stay #27 is granted...this proceeding is stayed until 09/17/2021...the parties are directed to notify the court by 09/17/2021 as to the status of settlement negotiations. Signed by Honorable Joe Heaton on 07/20/2021. (lam)
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| Filing 27 JOINT STATUS REPORT and Renewed Joint Motion to Continue Stay of Proceedings by Plaintiffs Jason Boyer, Daniel W Kilday, Brian Loomis. (Gyandoh, Mark) |
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Filing 26
ORDER granting #25 the motion to withdraw of Margaret Travis, Esq., as counsel for plaintiffs...the clerk of court is directed to strike Ms. Travis' name as counsel of record for plaintiffs. Signed by Honorable Joe Heaton on 07/02/2021. (lam)
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| Filing 25 MOTION to Withdraw as Attorney by All Plaintiffs. (Travis, Margaret) |
| Filing 24 ENTRY of Appearance by Casey R Lawson on behalf of All Plaintiffs (Lawson, Casey) |
| Filing 23 ENTRY of Appearance by Rex K Travis on behalf of All Plaintiffs (Travis, Rex) |
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Filing 22
ORDER granting #21 Motion to Stay Case. Signed by Honorable Joe Heaton on 05/19/2021. (jjs)
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| Filing 21 JOINT MOTION to Stay Case by Nextep Inc, The Review Committee of the Nextep Retirement Savings Plan, The Board of Directors of Nextep Inc. (Thorne, Rene) |
| Filing 20 AMENDED COMPLAINT against Nextep Inc, The Board of Directors of Nextep Inc, The Review Committee of the Nextep Retirement Savings Plan filed by Jason Boyer(individually), Brian Loomis(individually), Daniel W Kilday(individually).(Reavey, Donald) |
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Filing 19
ORDER granting #18 the parties' joint motion for order approving agreed briefing schedule concerning defendants' anticipated motion to dismiss...1) defendants shall file their motion to dismiss on 05/21/2021; 2) plaintiffs shall file their response to defendants' motion to dismiss on 07/09/2021; and 3) defendants' reply shall be filed 07/31/2021. Signed by Honorable Joe Heaton on 04/12/2021. (lam)
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| Filing 18 MOTION for Extension of Time by Nextep Inc. (Ball, Larry) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Defendant The Investment Committee of Nextep Inc. The Investment Committee of Nextep Inc waiver sent on 3/11/2021, answer due 5/10/2021. (Gyandoh, Mark) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Defendant The Board of Directors of Nextep Inc. The Board of Directors of Nextep Inc waiver sent on 3/11/2021, answer due 5/10/2021. (Gyandoh, Mark) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Defendant Nextep Inc. Nextep Inc waiver sent on 3/11/2021, answer due 5/10/2021. (Gyandoh, Mark) |
| Filing 14 ENTRY of Appearance by Howard Shapiro on behalf of Nextep Inc, The Board of Directors of Nextep Inc, The Investment Committee of Nextep Inc (Shapiro, Howard) |
| Filing 13 ENTRY of Appearance by Rene E Thorne on behalf of Nextep Inc, The Board of Directors of Nextep Inc, The Investment Committee of Nextep Inc (Thorne, Rene) |
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Filing 12
ORDER granting motions #10 and #11 for admission pro hac vice as to Rene E. Thorne, Esq., and Howard Shapiro, Esq., as counsel for Nextep, Inc., see order for further specifics. Signed by Honorable Joe Heaton on 03/24/2021. (lam)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice for Howard Shapiro by Nextep Inc. (Attachments: #1 Request for Admission Pro Hac Vice)(Ball, Larry) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for Rene E. Thorne by Nextep Inc. (Attachments: #1 Request for Admission Pro Hac Vice)(Ball, Larry) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for Howard Shapiro Filing fee $ 50, receipt number AOKWDC-3648230 by Nextep Inc. (Ball, Larry) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for Rene E. Thorne Filing fee $ 50, receipt number AOKWDC-3648229 by Nextep Inc. (Ball, Larry) |
| Filing 7 ENTRY of Appearance by Larry G Ball on behalf of Nextep Inc (Ball, Larry) |
| Filing 6 ENTRY of Appearance by Margaret E Travis on behalf of All Plaintiffs (Travis, Margaret) |
| Filing 5 ENTRY of Appearance by Donald R Reavey on behalf of Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(individually) (Reavey, Donald) |
| Filing 4 ENTRY of Appearance by Mark K Gyandoh on behalf of Jason Boyer(individually), Daniel W Kilday(individually), Brian Loomis(individually) (Gyandoh, Mark) |
| Filing 3 ENTER ORDER counsel for plaintiffs are directed to file an entry of appearance conforming to LCvR83.4 not later than 03/12/2021...counsel is also directed to comply with LCvR83.3(a). Signed by Honorable Joe Heaton on 03/10/2021. (lam) |
| Filing 2 Summons Issued Electronically as to Nextep Inc, The Board of Directors of Nextep Inc, The Investment Committee of Nextep Inc. (knt) |
| Filing 1 COMPLAINT against John Doe, Nextep Inc, The Board of Directors of Nextep Inc, The Investment Committee of Nextep Inc filed by Jason Boyer(individually), Brian Loomis(individually), Brian Loomis(on behalf of all others similarly situated), Jason Boyer(on behalf of all others similarly situated), Daniel W Kilday(individually), Daniel W Kilday(on behalf of all others similarly situated). (Attachments: #1 Civil Cover Sheet)(knt) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-3639702. (Reavey, Donald) |
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