Simeon v. Affiliated Computer Services, Inc et al
Terri Simeon |
Affiliated Computer Services, Inc, Darwin Deason, Mark A. King, Lynn R. Blodgett, Jeffrey A. Rich, Joseph O'Neill, Frank Rossi, J Livingston Kosberg, Dennis McCuistion, The Retirement Committee of the ACS Savings Plan and John Does 1 - 30 |
Kyle Burke |
Administrative Committee of the ACS Savings Plan, Lora Villarreal, Gerald J Ford, Clifford M. Kendall, David W. Black, Henry Hortenstine, Peter A. Bracken, William L. Deckelman, Scott Bell, Randall Booth, Meg Cino, John Crysler, Brett Jakovac, Van Johnson, David Lotocki, Anne Meli, Mike Miller, Gladys Mitchell, Kellar Nevill and Pam Trutna |
Peter Myers and Josh Shilling |
3:2006cv01592 |
August 31, 2006 |
US District Court for the Northern District of Texas |
Dallas Office |
Barbara MG Lynn |
Labor: Employee Retirement Income Security Act (ERISA) |
29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
None |
Docket Report
This docket was last retrieved on July 16, 2009. A more recent docket listing may be available from PACER.
Document Text |
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Filing 64 ELECTRONIC ORDER GRANTING #63 Unopposed Motion for Reimbursement of Additional Expense. The Court hereby authorizes the reimbursement of Plaintiffs' counsel in the amount of $3,472.60 out of the settlement fund in this case, for the purpose of sending out notice of the distribution to the class, which the Court finds is a reasonable and necessary expense. (Ordered by Judge Barbara M. G. Lynn on 07/16/2009) (Judge Barbara M. G. Lynn) |
Filing 63 Unopposed MOTION for Reimbursement of Additional Expense filed by Terri Simeon, Kyle Burke (Bilek, Thomas) |
Filing 62 Minute Entry for proceedings held before Judge Barbara M. G. Lynn: Motion Hearing held on 10/23/08 re #55 Motion for Final Approval of Class Action Settlement filed by Kyle Burke, Terri Simeon. Attorney Appearances: Plaintiff - Tom Bilek, Michael Klein, TJ McKenna; Defense - Doug Hinson. (Court Reporter Sue Engledow.) Time in Court: 1 hr and 10 mins TTL. (skt) |
***Civil Case Terminated per document #61. (skt) |
Filing 61 ORDER AND FINAL JUDGMENT re #54 Motion for Attorney Fees. (see order for specifics) (Ordered by Judge Barbara M. G. Lynn on 10/23/08) (tln) (Additional attachment(s) added on 10/24/2008: #1 closing sheet) (jrb). |
Filing 60 ORDER re #57 Motion for Approval of Plan of Allocation. (Ordered by Judge Barbara M. G. Lynn on 10/23/08) (tln) Modified on 10/23/2008 (jyg). |
Filing 59 Supplemental Document by Terri Simeon, Kyle Burke as to #57 MOTION for Approval of Plan of Allocation, #55 MOTION Final Approval of Class Action Settlement (Declaration of Thomas E. Bilek). (Bilek, Thomas) |
Filing 58 Brief/Memorandum in Support filed by Affiliated Computer Services, Inc re #55 MOTION for Final Approval of Class Action Settlement (Attachments: #1 Exhibit 1,1 ACS Savings Plan, #2 Exhibit 1.2, ACS Savings Plan continued, #3 Exhibit 2, ACS Stock prices) (Hinson, H) . |
Filing 57 MOTION for Approval of Plan of Allocation filed by Terri Simeon, Kyle Burke with Brief/Memorandum in Support. (Attachments: #1 Exhibit A - Plan of Allocation, #2 Memorandum of Law) (Bilek, Thomas) |
Filing 56 RESPONSE in Opposition filed by Terri Simeon, Kyle Burke to Class Member Objections to Final Judicial Approval of Class Action Settlement and/or to Motion for Award of Attorneys' Fees, Expenses and Case Contribution Awards to Plaintiffs (Bilek, Thomas) |
Filing 55 MOTION for Final Approval of Class Action Settlement filed by Terri Simeon, Kyle Burke with Brief/Memorandum in Support. (Attachments: #1 Memorandum of Law in Support, #2 Joint Declaration in Support) (Bilek, Thomas). |
Filing 54 MOTION for Award of Attorneys' Fees, Expenses and Case Contribution Awards to Plaintiffs in Connection with Class Action Settlement filed by Terri Simeon, Kyle Burke with Brief/Memorandum in Support. (Attachments: #1 Memorandum of Law in Support, #2 Joint Declaration, #3 Bilek Declaration, #4 Klein Declaration, #5 Burke Declaration, #6 Simeon Declaration, #7 AB Data Affidavit) (Bilek, Thomas) Modified on 10/14/2008 (jyg). |
Filing 53 ORDER PRELIMINARILY APPROVING SETTLEMENT. (See Order for specifics) (Signed by Judge Barbara M. G. Lynn on 6/16/08) (skt) |
Filing 52 Minute Entry for proceedings held before Judge Barbara M. G. Lynn: Motion Hearing held on 6/16/08 re #48 Joint Supplemental MOTION for Preliminary Approval of Class Action Settlement filed by Kyle Burke, Affiliated Computer Services, Inc, Administrative Committee of the ACS Savings Plan, Terri Simeon. The Court GRANTED the Motion & set a fairness hearing for October 23, 2008, at 8:00 a.m. in Courtroom 1570. Motion terminated: #48 Joint Supplemental MOTION for Preliminary Approval of Class Action Settlement. Attorney Appearances: Plaintiff - Counsel of record; Defense - Counsel of record. (Court Reporter Sue Engledow.) Time in Court: 10 min. (npk) |
Set/Reset Hearings per document #52: Fairness Hearing set for 10/23/2008 08:00 AM before Judge Barbara M. G. Lynn. (npk) |
Filing 51 Amended STIPULATION of Settlement by Terri Simeon, Affiliated Computer Services Inc, Kyle Burke, Administrative Committee of the ACS Savings Plan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (McCarty, Darren) Modified on 6/11/2008 (axm). |
Filing 50 Appendix in Support filed by Terri Simeon, Affiliated Computer Services, Inc, Kyle Burke, Administrative Committee of the ACS Savings Plan re #48 Joint Supplemental MOTION for Preliminary Approval of Class Action Settlement. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (McCarty, Darren) |
Filing 49 Brief/Memorandum in Support filed by Terri Simeon, Affiliated Computer Services, Inc, Kyle Burke, Administrative Committee of the ACS Savings Plan re #48 Joint Supplemental MOTION for Preliminary Approval of Class Action Settlement (McCarty, Darren) |
Filing 48 Joint Supplemental MOTION for Preliminary Approval of Class Action Settlement filed by Terri Simeon, Affiliated Computer Services Inc, Kyle Burke, Administrative Committee of the ACS Savings Plan (McCarty, Darren) Modified on 6/11/2008 (axm). |
Filing 47 OBJECTIONS to the Settlement filed by Josh Shilling. (twd) |
Filing 46 OBJECTIONS to the Settlement filed by Peter Myers. (skt) |
Filing 45 ORDER granting #44 Defendants' Unopposed Motion to Extend the Deadline to Disseminate Class Notice. The deadline for disseminating the Class Notice is April 17, 2008. (Signed by Judge Barbara M. G. Lynn on March 31, 2008) (jyg) |
Filing 44 Unopposed MOTION to Extend Time Deadline to Disseminate Class Notice by Affiliated Computer Services, Inc, Administrative Committee of the ACS Savings Plan (Attachments: #1 Text of Proposed Order [PROPOSED} Order Granting Unopposed Motion to Extend the Deadline to Disseminate Class Notice) (McCarty, Darren) |
Filing 43 ORDER granting #42 Unopposed Motion to Reschedule Fairness Hearing filed by Terri Simeon. Fairness Hearing reset for 6/16/2008 09:00 AM before Judge Barbara M. G. Lynn. (see order for specifics) (Signed by Judge Barbara M. G. Lynn on 3/17/2008) (axm) |
Filing 42 Unopposed MOTION to Reschedule Fairness Hearing by Terri Simeon (Bilek, Thomas) |
Filing 41 ORDER granting #40 Joint Motion to Reschedule Fairness Hearing. The Fairness Hearing is rescheduled for June 2, 2008 at 9:00 a.m. in Courtroom 1570. (see order for specifics) (Signed by Judge Barbara M. G. Lynn on 2/27/2008) (axm) |
Filing 40 Joint MOTION to Reschedule Fairness Hearing by Kyle Burke, Terri Simeon, Affiliated Computer Services, Inc. (McCarty, Darren) Modified on 2/26/2008 (klm). |
Filing 39 NOTICE of Change of Address by Thomas E Bilek, counsel for All Plaintiffs. New address is: 808 Travis, Suite 802, Houston, TX, 77002 (Bilek, Thomas) |
Filing 38 Minute Entry for proceedings held before Judge Barbara M. G. Lynn : Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement. Hearing held on 12/20/07. The Court granted Plaintiffs' Motion and set a fairness hearing for April 28, 2008, at 9:00 a.m. in Courtroom 1570. Attorney Appearances: Plaintiff - counsel of record; Defense - counsel of record. (Court Reporter Sue Engledow.) Time in Court: 45 minutes. (jrb) |
Filing 37 ORDER #36 Preliminarily Approving Settlement. (See Order for specifics) (Signed by Judge Barbara M. G. Lynn on 12/20/07) (skt) |
Filing 36 Unopposed MOTION for Preliminary Approval of Class Action Settlement and for Related Relief by All Plaintiffs with Brief/Memorandum in Support. (Attachments: #1 Memorandum of Law in Support#2 Bilek Declaration#3 McKenna Declaration#4 Mills Declaration) (Bilek, Thomas) |
Filing 35 STIPULATION by All Plaintiffs of Settlement. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3) (Bilek, Thomas) |
Filing 34 ORDER: Status Conference set for 12/20/2007 09:00 AM before Judge Barbara M. G. Lynn. (Signed by Judge Barbara M. G. Lynn on 12/10/2007) (axm) |
Filing 33 NOTICE by All Plaintiffs Notice letter to clerk (Bilek, Thomas) |
Filing 32 AMENDED COMPLAINT (Second) against all defendants filed by All Plaintiffs. (Bilek, Thomas) |
Filing 31 Application and Order for Admission Pro Hac Vice by H Douglas Hinson for Affiliated Computer Services, Inc. (Signed by Judge Barbara M. G. Lynn on 11/29/07) (skt) |
Filing 30 Application and Order for Admission Pro Hac Vice by Sean K McMahan for Affiliated Computer Services, Inc. (Signed by Judge Barbara M. G. Lynn on 11/29/07) (skt) |
Filing 29 ORDER granting #28 Unopposed Motion to Substitute Attorney. Darren McCarty is substituted as counsel for ACS. Skadden, Arps, Slate, Meagher & Flom LLP, Charles W. Schwartz, Noelle M. Reed, and Michelle L. Davis are allowed to withdraw as counsel for ACS. (Signed by Judge Barbara M. G. Lynn on 11/28/2007) (axm) |
Filing 28 Unopposed MOTION to Substitute Attorney by Affiliated Computer Services, Inc. (Schwartz, Charles) Modified on 11/26/2007 (lmp). |
Filing 27 ORDER granting #26 Defendants' Unopposed Motion for a Scheduling Order. (Signed by Judge Barbara M. G. Lynn on 10/30/2007) (tln) |
Filing 26 Unopposed MOTION for a scheduling order by Affiliated Computer Services, Inc, Darwin Deason, Mark A. King, Joseph O'Neill, Frank Rossi, J Livingston Kosberg and Dennis McCuiston.(Schwartz, Charles) Modified on 10/29/2007 (lmp). |
Filing 25 NOTICE by All Plaintiffs of Firm Name Change (Bilek, Thomas) |
Filing 24 ORDER granting #22 Motion to Stay. See order for details. (Signed by Judge Barbara M. G. Lynn on April 6, 2007) (jyg) |
Filing 23 Application and Order for Admission Pro Hac Vice by Thomas J McKenna for Terri Simeon (Signed by Judge Barbara M. G. Lynn on April 6, 2007) (jyg) |
Filing 22 Unopposed MOTION to Stay by Affiliated Computer Services, Inc (Schwartz, Charles) |
Filing 21 Letter NOTICE of Attorney Appearance by Michael A Birrer, C Shawn Cleveland on behalf of Joseph O'Neill, Frank Rossi, J Livingston Kosberg, Dennis McCuistion. (jrb) |
Filing 20 AMENDED COMPLAINT against all defendants filed by All Plaintiffs. (Bilek, Thomas) |
Filing 19 ORDER granting #18 Unopposed Motion for Entry of a Scheduling Order. Plaintiffs in this consolidated Action shall have until March 23, 2007 to file their Amended Consolidated Class Action Complaint. See order for other specifics. (Signed by Judge Barbara M. G. Lynn on 3/5/07) (jrb) Modified on 3/6/2007 (jb). |
Filing 18 Unopposed MOTION by Affiliated Computer Services, Inc.'s for Entry of a Scheduling Order by Affiliated Computer Services, Inc (Schwartz, Charles) Modified on 3/5/2007 (jb). |
Filing 17 ORDER granting #16 Motion to Substitute Attorney. (Signed by Judge Barbara M. G. Lynn on 2/23/07) (jrb) |
Filing 16 Unopposed MOTION to Substitute Attorney. Motion Filed by Mark A. King (Attachments: #1 Text of Proposed Order Granting Mark King's Unopposed Motion for Substitution of Counsel) (McNeil, Barry) |
***Case Reopened (per doc. 15). (cxb) |
Filing 15 ORDER: The Court finds that, given the divergence in claims between the consolidated derivative actions, on the one hand, and the Simeon and Burke actions on the other, the orders consolidating the Simeon and Burke actions into this action should be VACATED. The Court ORDERS the Clerk to reinstate the Simeon and Burke actions as a consolidated action under the style In re Affiliated Computer Systems ERISA Litigation, Master File No. 3:06-CV-1592-M, on this Court's Docket. The existing motion for scheduling order is DENIED, as several of the proposed dates have expired. (Signed by Judge Barbara M. G. Lynn on 2/12/07) (jrb) Modified on 2/14/2007 (klm). |
Filing 14 *** VACATED per order dated 2/12/07, doc. 15. *** ORDER OF CONSOLIDATION. This case is hereby consolidated with Civil Action No. 3:06-CV-1110-M, and pursuant to N.D. Tex. Civ. R. 42.1, all pleadings, motions, or other papers will be filed in Civil Action No. 3:06-CV-1110-M and bear only the caption of that case, together with the legend required by Rule 42.1. (Signed by Judge Barbara M. G. Lynn on 11/2/06) (Attachments: #1 closure sheet)(jrb, ) Modified on 11/6/2006 (lrl, ). Modified on 2/14/2007 (cxb). |
Filing 13 ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO TRANSFER. Accordingly, this matter is transferred for all purposes to the Honorable Barbara M. G. Lynn's Court. The caption of this action shall now be 3:06-CV-1592-M to reflect the new court assignment. (Signed by Judge Jorge A Solis on 10/17/06) (jrb, ) Modified on 10/17/2006 (jrb, ). |
WAIVER OF SERVICE Returned Executed as to Darwin Deason. Waiver sent on 10/4/2006, answer due 12/4/2006; Mark A. King. Waiver sent on 10/4/2006, answer due 12/4/2006; Lynn R. Blodgett. Waiver sent on 10/4/2006, answer due 12/4/2006. (see #12 for image) (jrb, ) |
Filing 12 WAIVER OF SERVICE Returned Executed (Bilek, Thomas) |
Filing 11 WAIVER OF SERVICE Returned Executed as to Jeffrey A. Rich. Waiver sent on 10/10/2006, answer due 12/11/2006. (Bilek, Thomas) |
Filing 10 Defendants' Unopposed Motion to Transfer by Affiliated Computer Services, Inc (Schwartz, Charles) Modified on 10/5/2006 (jrb, ). |
Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Affiliated Computer Services, Inc. (Schwartz, Charles) |
Filing 8 Corporate Disclosure Statement by Affiliated Computer Services, Inc. (Schwartz, Charles) |
Filing 7 WAIVER OF SERVICE Returned Executed (Bilek, Thomas) |
Filing 6 WAIVER OF SERVICE Returned Executed (Bilek, Thomas) |
WAIVER OF SERVICE Returned Executed as to Joseph O'Neill. Waiver sent on 9/15/2006, answer due 11/14/2006; Frank Rossi. Waiver sent on 9/15/2006, answer due 11/14/2006; J Livingston Kosberg. Waiver sent on 9/15/2006, answer due 11/14/2006; Dennis McCuistion. Waiver sent on 9/15/2006, answer due 11/14/2006. (See #7 for image) (jrb, ) |
WAIVER OF SERVICE Returned Executed as to Affiliated Computer Services, Inc. Waiver sent on 9/15/2006, answer due 11/14/2006. (see #6 for image) (jrb, ) |
Filing 5 Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Jorge A Solis on 8/31/2006) (skt, ) |
Filing 4 Notice of Lawsuit and REQUEST FOR WAIVER of Service sent to Darwin Deason, Mark A. King, Lynn R. Blodgett, Jeffrey A. Rich, Joseph O'Neill, Frank Rossi, J. Livingston Kosberg, Dennis McCuistion, The Retirement Committee of the ACS Savings Plan, in care of Affiliated Computer Services, Inc. on 8/30/2006 by Terri Simeon. (skt, ) |
Filing 3 Notice of Lawsuit and REQUEST FOR WAIVER of Service sent to Affiliated Computer Services, Inc. on 8/30/2006 by Terri Simeon. (skt, ) |
Filing 2 Plaintiff's CERTIFICATE OF INTERESTED PERSONS by Terri Simeon. (skt, ) |
Filing 1 Class Action COMPLAINT for Violations of the Employee Retirement Income Security Act against Joseph O'Neill, Frank Rossi, J Livingston Kosberg, Dennis McCuistion, The Retirement Committee of the ACS Savings Plan, John Does 1 - 30, Affiliated Computer Services, Inc, Darwin Deason, Mark A. King, Lynn R. Blodgett, Jeffrey A. Rich filed by Terri Simeon. (Filing fee $350; Receipt number 3668)(skt, ) |
***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (skt, ) |
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