Wilty et al v. The Prudential Insurance Company of America
Plaintiff: Joshua Wilty, Ashley Wenger, Crystal Wilty, Chris Wilty and John Paul Wilty, Jr.
Defendant: K. W. (A Minor)
3Rd Party Plaintiff: The Prudential Insurance Company of America
3Rd Party Defendant: Dillon Casey, John Does (1-10), Bradley Casey and Angela Wilty
Case Number: 2:2018cv02602
Filed: August 31, 2018
Court: US District Court for the Western District of Tennessee
Presiding Judge: John T Fowlkes
Referring Judge: Diane K Vescovo
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 23, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2018 Opinion or Order Filing 39 ORDER granting DE #37 Motion signed by Judge John T. Fowlkes, Jr. on 10/23/2018. (Fowlkes, John)
October 22, 2018 Filing 38 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #37 Third MOTION Extend Temporary Restraining Order - Joint [Proposed Order Submitted] filed by The Prudential Insurance Company of America has been filed. Proposed Order are to be e-mailed in word format to the Judge's Chambers.. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jld)
October 22, 2018 Filing 37 Third MOTION Extend Temporary Restraining Order - Joint [Proposed Order Submitted] by The Prudential Insurance Company of America. (Attachments: #1 Exhibit Consent Order Granting Third Joint Motion to Extend Temporary Restraining Order)(Wellford, Buckner)
October 16, 2018 Opinion or Order Filing 36 ORDER granting DE #35 Motion signed by Judge John T. Fowlkes, Jr. on 10/16/2018. (Fowlkes, John)
October 15, 2018 Filing 35 Second MOTION re #34 Order on Motion for Miscellaneous Relief (Joint) to Extend Temporary Restraining Order and Extending Temporary Restraining Order through and Including October 23, 2018 [Proposed Order Submitted" by The Prudential Insurance Company of America. (Attachments: #1 Exhibit Consent Order Granting Second Joint Motion to Extend Temporary Restraining Order and Extending Temporary Restraining ORder through and Including October 23, 2018)(Wellford, Buckner)
October 9, 2018 Opinion or Order Filing 34 ORDER granting DE #33 Motion signed by Judge John T. Fowlkes, Jr. on 10/09/2018. (Fowlkes, John)
October 8, 2018 Filing 33 Joint MOTION Extend Temporary Restraining Order [proposed order submitted] by The Prudential Insurance Company of America. (Attachments: #1 Exhibit Consent Order Extending TRO)(Wellford, Buckner)
October 4, 2018 Filing 32 MEMORANDUM in Support re #9 MOTION for Temporary Restraining Order (Proposed Order Submitted) Additional Briefing in Support of Motion For Temporary Restraining Order and Preliminary Injunction filed by The Prudential Insurance Company of America. (Attachments: #1 Affidavit Supplemental Certification of Jaclyn D. Malyk, Esq.)(Wellford, Buckner)
October 2, 2018 Filing 31 RESPONSE in Opposition re #9 MOTION for Temporary Restraining Order (Proposed Order Submitted) filed by Angela Wilty. (Fishman, Randall)
October 2, 2018 Filing 30 RESPONSE in Support re #9 MOTION for Temporary Restraining Order (Proposed Order Submitted) filed by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of John Paul Wilty, Jr., #2 Exhibit B - Declaration of Terry Rutherford)(Hoover, Michael)
September 25, 2018 Opinion or Order Filing 29 ORDER granting DE #9 Motion for TRO signed by Judge John T. Fowlkes, Jr. on 9/25/2018. (Fowlkes, John)
September 25, 2018 Filing 28 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Motion Hearing held on 9/25/2018 re #9 MOTION for Temporary Restraining Order (Proposed Order Submitted) filed by The Prudential Insurance Company of America. Counsel for Plaintiff, Michael James Hoover present by telephone; Jaclyn DiLascio Malyk present by phone, Buckner Wellford, Walter Preston Battle, IV & Randall J. Fishman present in Court. Parties updated the Court as to the status of the case. The Court will enter an Order granting the TRO that will freeze the funds that have been identified for two weeks. The Court will look for a more comprehensive response from Defense counsel Randall Fishman. Response deadline as well as any additional filings is Thursday, 10/04/2018. Short restraining period will expire October 9, 2018. (Court Reporter Lynn Dudley.) (wrh)
September 25, 2018 Filing 27 NOTICE of Appearance by Randall J. Fishman on behalf of Angela Wilty (Fishman, Randall)
September 24, 2018 Opinion or Order Filing 26 ORDER granting DE #19 Motion for Leave to Appear signed by Judge John T. Fowlkes, Jr. on 9/24/2018. (Fowlkes, John)
September 24, 2018 Opinion or Order Filing 25 ORDER granting DE #18 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 9/24/2018. (Fowlkes, John)
September 24, 2018 Opinion or Order Filing 24 ORDER granting DE #17 Motion signed by Judge John T. Fowlkes, Jr. on 9/24/2018. (Fowlkes, John)
September 24, 2018 Filing 23 AFFIDAVIT of Service for Summons on a Third-Party Complaint served on K. W. (a minor) on 9/22/18, filed by The Prudential Insurance Company of America. (Battle, Walter)
September 24, 2018 Filing 22 AFFIDAVIT of Service for Summons on a Third-Party Complaint served on Angela Wilty on 9/22/18, filed by The Prudential Insurance Company of America. (Battle, Walter)
September 24, 2018 Filing 21 AFFIDAVIT of Service for Summons on a Third-Party Complaint served on Dillon Casey on 9/22/18, filed by The Prudential Insurance Company of America. (Battle, Walter)
September 24, 2018 Filing 20 AFFIDAVIT of Service for Summons on a Third-Party Complaint served on Bradley Casey on 9/22/18, filed by The Prudential Insurance Company of America. (Battle, Walter)
September 24, 2018 Filing 19 Consent MOTION for Leave to Appear Telephonically at TRO/Preliminary Injunction Hearing [Proposed Order Submitted] by The Prudential Insurance Company of America. (Wellford, Buckner)
September 24, 2018 Filing 18 MOTION for Leave to Appear Pro Hac Vice Jaclyn D. Malyk (Filing fee $ 150 receipt number ATNWDC-2886021) by The Prudential Insurance Company of America. (Attachments: #1 Certificate of Good Standing State of New Jersey, #2 Certificate of Good Standing USDC District of NJ, #3 Bar Admissions, #4 Proposed Order)(Malyk, Jaclyn)
September 24, 2018 Filing 17 MOTION Attend Hearing by Telephone re #9 MOTION for Temporary Restraining Order (Proposed Order Submitted), 16 Setting Letter by All Plaintiffs. (Attachments: #1 Proposed Order)(Hoover, Michael)
September 21, 2018 Filing 16 SETTING LETTER: Re [TEXT ORDER NO - IMAGE ATTACHED]: A TRO/Preliminary Injunction Hearing Re DE #9 MOTION for Temporary Restraining Order is set for a for 9/25/2018 10:00 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr.. (Fowlkes, John)
September 21, 2018 Filing 11 NOTICE of Appearance by Walter Preston Battle, IV on behalf of The Prudential Insurance Company of America (Battle, Walter)
September 20, 2018 Filing 15 Summons Issued as to Angela Wilty. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 20, 2018 Filing 14 Summons Issued as to Bradley Casey. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 20, 2018 Filing 13 Summons Issued as to Dillon Casey. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 20, 2018 Filing 12 Summons Issued as to K. W. (A Minor). The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 20, 2018 Filing 10 Notice of Correction to #9 MOTION for Temporary Restraining Order (Proposed Order Submitted) Attached Memorandum of Law in Support of #9 Motion and Corrected View of Exhibits 1 and 2. (Attachments: #1 Affidavit Declaration Certification of Angle, #2 Affidavit Declaration Certification of Malyk)(Wellford, Buckner)
September 20, 2018 Filing 9 MOTION for Temporary Restraining Order (Proposed Order Submitted) by The Prudential Insurance Company of America. (Attachments: #1 Memorandum in Support of Motion for Temporary Restraining Order, #2 Affidavit Certification of Angle, #3 Affidavit Certification of Malyk)(Wellford, Buckner)
September 20, 2018 Filing 8 Corporate Disclosure Statement by The Prudential Insurance Company of America identifying Corporate Parent Prudential Financial, Inc. for The Prudential Insurance Company of America, The Prudential Insurance Company of America, The Prudential Insurance Company of America.. (Wellford, Buckner)
September 20, 2018 Filing 7 ANSWER to #1 Complaint , THIRD PARTY COMPLAINT against Bradley Casey, Dillon Casey, John Does (1-10), Angela Wilty, K. W. (A Minor), COUNTERCLAIM against All Plaintiffs by The Prudential Insurance Company of America. (Attachments: #1 Exhibit A - M, #2 Civil Cover Sheet, #3 Summons KW, #4 Summons D. Casey, #5 Summons B. Casey, #6 Summons A. Wilty)(Wellford, Buckner)
August 31, 2018 Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld)
August 31, 2018 Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld)
August 31, 2018 Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld)
August 31, 2018 Filing 3 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint filed by Crystal Wilty, Chris Wilty, John Paul Wilty, Jr., Ashley Wenger, Joshua Wilty has been filed. For future reference, please note use your s/signature on the civil cover sheet.. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jld)
August 31, 2018 Filing 2 Judge John T. Fowlkes, Jr and Chief Magistrate Judge Diane K. Vescovo added. (jld)
August 31, 2018 Filing 1 COMPLAINT against The Prudential Insurance Company of America (Filing fee $ 400 receipt number ATNWDC-2868638), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Hoover, Michael)

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Search for this case: Wilty et al v. The Prudential Insurance Company of America
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Plaintiff: Joshua Wilty
Represented By: Michael James Hoover
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Plaintiff: Ashley Wenger
Represented By: Michael James Hoover
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Plaintiff: Crystal Wilty
Represented By: Michael James Hoover
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Plaintiff: Chris Wilty
Represented By: Michael James Hoover
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Plaintiff: John Paul Wilty, Jr.
Represented By: Michael James Hoover
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3rd party plaintiff: The Prudential Insurance Company of America
Represented By: Jaclyn DiLascio Malyk
Represented By: Buckner Wellford
Represented By: Walter Preston Battle, IV
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3rd party defendant: Dillon Casey
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3rd party defendant: John Does (1-10)
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3rd party defendant: Bradley Casey
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3rd party defendant: Angela Wilty
Represented By: Randall J. Fishman
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Defendant: K. W. (A Minor)
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