Wade, et al v. Newport Group, Inc., et al
Rev. Derrell Wade and Rev. Reuben J. Boyd, Jr. |
Newport Group, Inc., Symetra Financial Corporation, African Methodist Episcopal Church, Jerome V. Harris, Bishop Samuel L. Green, Sr., Estate of Bishop McKinley Young, James Davis, American Express Co., Safeco Insurance Co. of America, RSM McGladrey, RSM US LLP, Doe Corporations 1-10 and John Does #1-10 |
1:2022cv01126 |
June 13, 2022 |
US District Court for the Western District of Tennessee |
S Thomas Anderson |
Jon A York |
Personal Property: Other |
28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
Plaintiff |
Docket Report
This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
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Filing 60 NOTICE of Appearance by Sean Abouchedid on behalf of Newport Group, Inc. (Abouchedid, Sean) |
Filing 59 NOTICE of Appearance by Lars Golumbic on behalf of Newport Group, Inc. (Golumbic, Lars) |
Filing 58 NOTICE of Appearance by Andre B. Mathis on behalf of Jerome V. Harris, Jerome V. Harris, Jerome V. Harris Associated Cases: 1:22-md-03035-STA-jay et al.(Mathis, Andre) |
Filing 57 Minute Entry for proceedings held before Chief Judge S. Thomas Anderson and NOTICE OF SETTING: Initial Conference held on 8/4/2022. Judge addressed the parties. Case Management Order addressed. Deadlines considered reasonable. Court will not stay discovery. 60 days for responsive pleadings. Motions to dismiss extended 30 days. Discovery addressed. Discovery to begin on 9/9/22. Deadline for amended complaint is 8/19/22. Interrogatories addressed. Counsel given 7 days before status conferences to provide status update to the Court, to include other proposals for future status conferences. Deposition issue will be taken up at next status conference. Counsel to submit revised case management order to include today's decisions. Interim Lead Counsel: Gregorio Francis, Matthew Lee. Liaison Counsel: Gerald Stranch. Steering Committee: Dhamian Blue, Richard Schulte, Elizabeth Hopkins, Kenneth Byrd, Dean Graybill. Counsel instructed to make filings in Master Case and counsel must file notice of appearance in appropriate cases. Status Conference date set. (Status Conference set for 10/27/2022 02:00 PM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson.). (Court Reporter Kristi Heasley.) Associated Cases: 1:22-md-03035-STA-jay et al.(mbb) |
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Filing 54 NOTICE by Reuben J. Boyd, Jr, Derrell Wade Voluntary Dismissal Without Prejudice against Defendant Safeco Insurance Co. of America. ("Safeco)") Associated Cases: 1:22-md-03035-STA-jay et al.(Wise, David) |
Filing 53 NOTICE by Cedric V. Alexander, Reuben J. Boyd, Jr, A. Offord Carmichael, Jr, Diane Conley, Matthew Ewing, Pearce Ewing, Charles R. Jackson, Marcius King, Phillip Russ, IV, Derrell Wade, Matthew Ewing, Marcius King, Phillip Russ, IV, Derrell Wade, Rev. Pearce Ewing re (44 in 1:22-md-03035-STA-jay) MOTION for Preliminary Injunction Notice of Withdrawal (Attachments: #1 Certificate of Consultation Cert. of Consultation, #2 Exhibit A: Check)Associated Cases: 1:22-md-03035-STA-jay et al.(Stranch, J.) |
Filing 52 NOTICE by Reuben J. Boyd, Jr, Derrell Wade Voluntary Dismissal Without Prejudice against Defendant RSM US, LLP("RSM") Associated Cases: 1:22-md-03035-STA-jay et al.(Wise, David) |
Filing 51 NOTICE by Reuben J. Boyd, Jr, Derrell Wade Voluntary Dismissal Without Prejudice against Defendant American Express Co. ("AMEX") Associated Cases: 1:22-md-03035-STA-jay et al.(Wise, David) |
Filing 50 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document (56 in 1:22-md-03035-STA-jay) Response to Motion filed by Symetra Financial Corporation has been filed. However, the following deficiency has been found: Your pleading indicates that it applies to all cases however the filing was not spread to all cases. Your document was only filed in the Master MDL case number. For future filings, if you pleading applies to all cases, be sure to spread your filing to all cases. If your pleading only applies to one case, please file the pleading in the Master MDL case and spread the entry to the one case in which your pleading applies. If you pleading applies to two cases, then file your pleading in the Master MDL case and spread to the two cases in which your pleading applies and so on. Please file all future filings in in compliance with this deficiency notice. Associated Cases: 1:22-md-03035-STA-jay et al.(cdi) |
Filing 49 RESPONSE in Opposition re (43 in 1:22-cv-01126-STA-jay, 48 in 2:22-cv-02174-STA-jay, 82 in 2:22-cv-02136-STA-jay, 44 in 1:22-md-03035-STA-jay, 69 in 1:22-cv-01128-STA-jay, 19 in 1:22-cv-01129-STA-jay, 17 in 1:22-cv-01127-STA-jay) MOTION for Preliminary Injunction filed by African Methodist Episcopal Church, African Methodist Episcopal Chruch, Inc.. (Attachments: #1 Affidavit /Declaration of Dr. James F. Miller, #2 Exhibit 1 - Email, #3 Exhibit 2 - Email, #4 Exhibit 3 - Email)Associated Cases: 1:22-md-03035-STA-jay et al.(McMullen, Bruce) |
Filing 48 NOTICE by Pearce Ewing Parties Joint Agenda for 8.4.22 status conference Associated Cases: 1:22-md-03035-STA-jay et al.(Lee, Matthew) |
Filing 47 MEMORANDUM in Support re (20 in 1:22-cv-01127-STA-jay, 22 in 1:22-cv-01129-STA-jay, 85 in 2:22-cv-02136-STA-jay, 46 in 1:22-cv-01126-STA-jay, 74 in 1:22-cv-01128-STA-jay, 52 in 2:22-cv-02174-STA-jay, 51 in 1:22-md-03035-STA-jay) Amended MOTION to Appoint Counsel FOR APPOINTMENT OF AN INTERIM CO-LEAD COUNSEL AND PLAINTIFFS STEERING COMMITTEE - proposed order submitted filed by Pearce Ewing, Charles R. Jackson. (Attachments: #1 Exhibit A - Osborne & Francis Resume, #2 Exhibit B - MCBPG-Firm Resume for AME Case, #3 Exhibit C - Firm Resume (BSJ), #4 Exhibit D - Firm Bio (2022), #5 Exhibit E - WS Firm Resume 2022, #6 Exhibit F - AARPFDN.AME.EXH AARP FIRM RESUME, #7 Exhibit G - Lieff_Cabraser_Firm_Resume, #8 Exhibit H - About Kantor Kantor)Associated Cases: 1:22-md-03035-STA-jay et al.(Lee, Matthew) |
Filing 46 Amended MOTION to Appoint Counsel FOR APPOINTMENT OF AN INTERIM CO-LEAD COUNSEL AND PLAINTIFFS STEERING COMMITTEE - proposed order submitted by Pearce Ewing, Charles R. Jackson. Associated Cases: 1:22-md-03035-STA-jay et al.(Lee, Matthew) |
Filing 45 SETTING LETTER: Re: (44 in 1:22-md-03035-STA-jay, 82 in 2:22-cv-02136-STA-jay, 48 in 2:22-cv-02174-STA-jay, 43 in 1:22-cv-01126-STA-jay, 17 in 1:22-cv-01127-STA-jay, 69 in 1:22-cv-01128-STA-jay, 19 in 1:22-cv-01129-STA-jay) MOTION for Preliminary Injunction . Motion Hearing set for 8/4/2022 10:00 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. Associated Cases: 1:22-md-03035-STA-jay et al.(mbb) |
Filing 44 MEMORANDUM in Support re (43 in 1:22-cv-01126-STA-jay, 48 in 2:22-cv-02174-STA-jay, 82 in 2:22-cv-02136-STA-jay, 44 in 1:22-md-03035-STA-jay, 69 in 1:22-cv-01128-STA-jay, 19 in 1:22-cv-01129-STA-jay, 17 in 1:22-cv-01127-STA-jay) MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Exhibit 1 AMEC - Rev. Matthew Ewing Declaration, #2 Exhibit 2 Annuity Plan Document)Associated Cases: 1:22-md-03035-STA-jay et al.(Lee, Matthew) |
Filing 43 MOTION for Preliminary Injunction by All Plaintiffs. Associated Cases: 1:22-md-03035-STA-jay et al.(Lee, Matthew) |
Filing 42 Corporate Disclosure Statement by African Methodist Episcopal Church. Associated Cases: 1:22-md-03035-STA-jay et al.(McMullen, Bruce) |
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Filing 40 MOTION to Extend Deadline (Unopposed) to Respond to Motion for Appointment of an Interim Co-Lead Counsel and Plaintiffs' Steering Committee (Proposed Order Submitted) by Cedric V. Alexander. Associated Cases: 1:22-md-03035-STA-jay et al.(Hopkins, Elizabeth) |
Filing 39 NOTICE of Appearance by William S. Rutchow on behalf of American Express Co. (Rutchow, William) |
Filing 38 Corporate Disclosure Statement by American Express Co. identifying Other Affiliate Berkshire Hathaway for American Express Co., American Express Co... Associated Cases: 1:22-md-03035-STA-jay, 1:22-cv-01126-STA-jay(Stanat, Erika) |
Filing 37 NOTICE of Appearance by Erika Stanat on behalf of American Express Co. Associated Cases: 1:22-md-03035-STA-jay, 1:22-cv-01126-STA-jay(Stanat, Erika) |
Filing 36 WAIVER OF SERVICE Returned Executed by Derrell Wade, Reuben J. Boyd, Jr. Safeco Insurance Co. of America waiver sent on 6/24/2022, answer due 8/23/2022. (Wise, David) |
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Filing 34 MOTION for Extension of Time to File Response/Reply to Complaints; proposed order submitted by Newport Group, Inc.. Associated Cases: 1:22-md-03035-STA-jay et al.(Fleckner, James) |
Filing 33 MEMORANDUM in Support re (9 in 1:22-cv-01127-STA-jay, 41 in 2:22-cv-02174-STA-jay, 32 in 1:22-cv-01126-STA-jay, 52 in 1:22-cv-01128-STA-jay, 12 in 1:22-cv-01129-STA-jay, 11 in 1:22-md-03035-STA-jay, 63 in 2:22-cv-02136-STA-jay) MOTION to Appoint Counsel FOR APPOINTMENT OF AN INTERIM CO-LEAD COUNSEL AND PLAINTIFFS STEERING COMMITTEE - proposed order submitted filed by Pearce Ewing, Charles R. Jackson. (Attachments: #1 Exhibit A: Osborne and Francis Resume, #2 Exhibit B: MCBPG Resume, #3 Exhibit C: BSJ Resume, #4 Exhibit D: Firm Bio, #5 Exhibit E: WS Firm Resume)Associated Cases: 1:22-md-03035-STA-jay et al.(Stranch, J.) |
Filing 32 MOTION to Appoint Counsel FOR APPOINTMENT OF AN INTERIM CO-LEAD COUNSEL AND PLAINTIFFS STEERING COMMITTEE - proposed order submitted by Pearce Ewing, Charles R. Jackson. Associated Cases: 1:22-md-03035-STA-jay et al.(Stranch, J.) |
Filing 31 Notice of Correction to (49 in 1:22-cv-01128-STA-jay, 38 in 2:22-cv-02174-STA-jay, 7 in 1:22-md-03035-STA-jay, 9 in 1:22-cv-01129-STA-jay, 60 in 2:22-cv-02136-STA-jay, 6 in 1:22-cv-01127-STA-jay, 29 in 1:22-cv-01126-STA-jay) MOTION for Hearing Status Conference and Request to Stay All Deadlines Corrected Certificate Of Service. Associated Cases: 1:22-md-03035-STA-jay et al.(Stranch, J.) |
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Filing 29 MOTION for Hearing Status Conference and Request to Stay All Deadlines by Pearce Ewing, Charles R. Jackson. Associated Cases: 1:22-md-03035-STA-jay et al.(Stranch, J.) |
Set Hearings: Initial Conference set for 8/4/2022 10:00 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. Associated Cases: 1:22-md-03035-STA-jay et al.(mbm) |
Filing 28 Case transferred in from District of Virginia Eastern; Case Number 3:22-cv-00179. |
MDL NOTICE: Case transferred in from District of Virginia Eastern; Case Number 3:22-cv-00179. Assigned WD/TN Case Number 1:22-cv-1126 STA/jay. Associated Cases: 1:22-md-03035-STA-jay, 1:22-cv-01126-STA-jay(cdi) |
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MINUTE ORDER -- TO THE TRANSFEROR JUDGES/CLERKS OF THE ASSOCIATED CASES: This transmittal is for informational purposes only. No action is required at this time. A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states...An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court. You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court. Signed by Clerk of the Panel John W. Nichols on 6/2/2022. Associated Cases: MDL No. 3035, FLM/3:22-cv-00375, MD/8:22-cv-00707, VAE/3:22-cv-00179 (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 26 WAIVER OF SERVICE Returned Executed by Derrell Wade, Reuben J. Boyd, Jr. American Express Co. waiver sent on 4/12/2022, answer due 6/13/2022. (Langone, Joseph) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 25 Summons Issued as to RSM US LLP. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Notice of Correction re: ECF No. #24 , Proposed Summons, was an incorrectly saved in PDF fillable format which the Clerk has corrected and replaced. To correctly save the PDF fillable form, click on the File menu select Print, and then select your PDF writer from the Printer Name List, then click on Print or OK depending on your program. All PDFs that are filed must be in non-fillable form. No further action is required. (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 24 Proposed Summons re #23 Amended Complaint, for RSM US LLP by Reuben J. Boyd, Jr, Derrell Wade. (Langone, Joseph) (Main Document 24 replaced by Clerk in non-fillable format on 5/24/2022) (jpow, ). [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 23 AMENDED COMPLAINT against African Methodist Episcopal Church, American Express Co., James Davis, Doe Corporations 1-10, Estate of Bishop McKinley Young, Samuel L. Green, Sr, Jerome V. Harris, John Does 1-10, Newport Group, Inc., Safeco Insurance Co. of America, Symetra Financial Corporation, RSM US LLP, filed by Derrell Wade, Reuben J. Boyd, Jr.(Langone, Joseph) [Transferred from Virginia Eastern on 6/13/2022.] |
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Filing 21 Financial Interest Disclosure Statement by African Methodist Episcopal Church. (Zuk, Peter Nicholas) Modified docket text on 5/16/2022 (jpow, ). [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 20 MOTION for Extension of Time to File Answer re #1 Complaint , unopposed, by African Methodist Episcopal Church, Samuel L. Green, Sr. (Attachments: #1 Proposed Order)(Zuk, Peter Nicholas) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 19 Corporate Disclosure Statement by Newport Group, Inc.. (Riffee, Matthew) [Transferred from Virginia Eastern on 6/13/2022.] |
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Filing 17 Consent MOTION for Extension of Time to File Answer to Complaint by Symetra Financial Corporation. (Attachments: #1 Proposed Order)(Rossi, Eugene) [Transferred from Virginia Eastern on 6/13/2022.] |
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Filing 15 MOTION for Extension of Time to File Answer re #1 Complaint (Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint) by Newport Group, Inc.. (Attachments: #1 Proposed Order)(Riffee, Matthew) [Transferred from Virginia Eastern on 6/13/2022.] |
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Filing 12 Financial Interest Disclosure Statement (Local Rule 7.1) by Symetra Financial Corporation. (Rossi, Eugene) (Main Document 12 replaced on 4/28/2022) (jpow, ). [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 11 NOTICE of Appearance by Eugene Rossi on behalf of Symetra Financial Corporation (Rossi, Eugene) (Main Document 11 replaced on 4/28/2022) (jpow, ). [Transferred from Virginia Eastern on 6/13/2022.] |
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Notice of Correction re: ECF No. #6 Notice of Appearance, Counsel for defendant, Newport Group, Inc. is informed that their contact information is different from the court's database. Effective Monday, April 19, 2021, with the upgrade to NextGen, attorneys are able to update their contact information via PACER. The instructions are found on our website, www.vaed.uscourts.gov, under the CM/ECF tab, followed by clicking on NextGen Information/Resources. Furthermore, counsel is notified to ensure all electronic filings must contain the correct nine-element signature block. Please see Signatures: Nine Element Signature block in the E-Filing Policies and Procedures manual. Please include the nine-element signature block on all future filings. (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 9 Motion to appear Pro Hac Vice by DeMario Carswell and Certification of Local Counsel Matthew Riffee Filing fee $ 75, receipt number AVAEDC-8352531. by Newport Group, Inc.. (Riffee, Matthew) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 8 Motion to appear Pro Hac Vice by James Fleckner and Certification of Local Counsel Matthew L. Riffee Filing fee $ 75, receipt number AVAEDC-8352522. by Newport Group, Inc.. (Riffee, Matthew) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 7 Financial Interest Disclosure Statement (Local Rule 7.1) by Newport Group, Inc.. (Riffee, Matthew) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 6 NOTICE of Appearance by Matthew Luke Riffee on behalf of Newport Group, Inc. (Riffee, Matthew) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 5 Summons Issued as to African Methodist Episcopal Church and Estate of Bishop McKinley Young. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 4 Summons Issued as to American Express Co., James Davis, Samuel L. Green, Sr, Jerome V. Harris, Newport Group, Inc., RSM McGladrey, Safeco Insurance Co. of America, and Symetra Financial Corporation. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Notice of Correction re: ECF No. #3 , Proposed Summonses; Filing attorney is notified to file proposed summonses for defendants, African Methodist Episcopal Church and the Estate of Bishop McKinley Young, to include the registered agent or a person who is authorized to accept service on their behalf. (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 3 Proposed Summons Revised by Reuben J. Boyd, Jr, Derrell Wade. (Wise, David) (Main Document 3 replaced on 4/7/2022) (jpow, ). [Transferred from Virginia Eastern on 6/13/2022.] |
Notice of Correction re: ECF No. #2 Proposed Summonses; Proposed summonses attached in ECF No. 2 are only for one defendant. Filing attorney is notified to refile the proposed summonses to include a proposed summons for each of the defendants. (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Initial Case Assignment to District Judge David J. Novak. (jpow, ) [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 2 DISREGARD. Proposed Summons by Reuben J. Boyd, Derrell Wade. (Wise, David) Modified on 4/6/2022 (jpow, ). [Transferred from Virginia Eastern on 6/13/2022.] |
Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8325945.), filed by Derrell Wade, Reuben J. Boyd. (Attachments: #1 Civil Cover Sheet)(Wise, David) [Transferred from Virginia Eastern on 6/13/2022.] |
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