Dunn v. Southwest Airlines Co et al
| Lafe Dunn |
| Southwest Airlines Co and Southwest Airlines Co Voluntary Separation Program 2020 |
| 3:2021cv01393 |
| June 15, 2021 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| David C Godbey |
| Brantley Starr |
| Labor: Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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Filing 71
Joint STATUS REPORT on Mediation filed by Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Burriss, Eliot)
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Filing 70
Joint STIPULATION Regarding Plaintiff's Motion to Amend Administrative Record by Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Burriss, Eliot)
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Filing 69
ELECTRONIC ORDER granting #68 Motion to Withdraw as Attorney. Attorney Shay Powell Talbitzer terminated as counsel for Defendants. (Ordered by Judge Brantley Starr on 3/25/2022) (chmb)
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Filing 68
Unopposed MOTION to Withdraw as Attorney for Defendants filed by Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020 (Attachments: #1 Proposed Order Proposed Order) (Talbitzer, Shay)
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Filing 67
MOTION to Amend/Correct #66 Administrative Record filed by Lafe Dunn (Attachments: #1 Exhibit(s) Attachment A, #2 Proposed Order Proposed Order) (Sanford, James)
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Filing 66
Administrative Record consisting of Administrative Record filed by Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Attachments: #1 Exhibit(s) Administrative Record) (Burriss, Eliot)
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Filing 65
SCHEDULING ORDER: The bench trial is scheduled on this Court's two-week docket beginning 11/7/2022 10:00 AM before Judge Brantley Starr. Deadline for mediation is on or before 9/7/2022. Motions for Summary Judgment due by 5/2/2022. Pretrial Order due by 5/30/2022. Pretrial Materials due by 5/30/2022. Status of Settlement Report due by 9/14/2022. (Ordered by Judge Brantley Starr on 2/24/2022) (ndt)
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Filing 64
Proposal for contents of scheduling and discovery order filed Jointly by all parties by Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Burriss, Eliot)
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Filing 63
ANSWER to #1 Complaint, with Jury Demand filed by Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Burriss, Eliot)
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Filing 62
ORDER REQUIRING ATTORNEY CONFERENCE AND PROPOSAL FOR CONTENTS OF SCHEDULING AND DISCOVERY ORDER: Proposed Scheduling Order due by 2/7/2022. (Ordered by Judge Brantley Starr on 1/24/2022) (jmg)
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Filing 61
ORDER denying #56 MOTION to Dismiss Plaintiff's Complaint Under Federal Rule of Civil Procedure 12(b)(6). (Ordered by Judge Brantley Starr on 1/24/2022) (jmg)
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Filing 60
REPLY filed by Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020 re: #56 MOTION to Dismiss Plaintiff's Complaint Under Federal Rule of Civil Procedure 12(b)(6) (Burriss, Eliot)
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Filing 59
Appendix in Support filed by Lafe Dunn re: #58 Response/Objection. (Sanford, James) Modified text on 8/19/2021 (mjr).
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Filing 58
RESPONSE filed by Lafe Dunn re: #56 MOTION to Dismiss Plaintiff's Complaint Under Federal Rule of Civil Procedure 12(b)(6) (Sanford, James)
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Filing 57
Brief/Memorandum in Support filed by Southwest Airlines Co re: #56 MOTION to Dismiss Plaintiff's Complaint Under Federal Rule of Civil Procedure 12(b)(6). (Burriss, Eliot)
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Filing 56
MOTION to Dismiss Plaintiff's Complaint Under Federal Rule of Civil Procedure 12(b)(6) filed by Southwest Airlines Co (Burriss, Eliot)
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Filing 55
ELECTRONIC ORDER granting #54 Motion to Supplement the Administrative Record. The Court GRANTS Lafe Dunn's Unopposed Motion to Supplement the Administrative Record #54 . (Ordered by Judge Brantley Starr on 6/30/2021) (chmb)
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Filing 54
Unopposed MOTION to Supplement the Administrative Record filed by Lafe Dunn (Attachments: #1 Exhibit A, #2 Proposed Order) (Kelman, Ellen)
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Filing 53
ORDER: Therefore, Court DENIES WITHOUT PREJUDICE the defendants' Rule 12(b)(6) motion to dismiss [Doc. No. #13 ]. The Court further VACATES all pending deadlines in the scheduling order [Doc. No. #28 ]. Because the Court vacates the pending deadlines, the Court FINDS AS MOOT the defendants' Motion to Extend Time [Doc. No. #47 ]. (Ordered by Judge Brantley Starr on 6/28/2021) (oyh)
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Filing 52
ELECTRONIC ORDER granting #50 Application for Admission Pro Hac Vice of Ellen M. Kelman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 6/28/2021) (chmb)
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Filing 51
ELECTRONIC ORDER granting #48 Application for Admission Pro Hac Vice of Matthew Fritz-Mauer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Brantley Starr on 6/28/2021) (chmb)
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Filing 50
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12004720) filed by Lafe Dunn (Attachments: #1 Attachment-Certificate of Good Standing-EMK, #2 Proposed Order) (Kelman, Ellen)
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Filing 49
ADDITIONAL ATTACHMENTS to #48 Application for Admission Pro Hac Vice by Plaintiff Lafe Dunn. (Fritz-Mauer, Matthew)
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Filing 48
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12004402) filed by Lafe Dunn (Attachments: #1 Attachment-Certificate of Good Standing-MFM) (Fritz-Mauer, Matthew)
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Filing 47
Unopposed MOTION to Extend Time Deadlines of Briefing of the Merits filed by Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020 (Attachments: #1 Proposed Order) (Talbitzer, Shay)
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Filing 46
NOTICE of Attorney Appearance by James Dennis Sanford on behalf of Lafe Dunn. (Filer confirms contact info in ECF is current.) (Sanford, James)
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Filing 45
ELECTRONIC ORDER: The Court ORDERS Lafe Dunn to appoint local counsel, in accordance with Local Rule 83.10, by July 23, 2021. (Ordered by Judge Brantley Starr on 6/23/2021) (chmb)
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Filing 44
Court Request for Recusal: Judge David C Godbey recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Brantley Starr for all further proceedings. Future filings should indicate the case number as: 3:21-cv-1393-X. (ctf)
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Filing 43
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ygl)
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Filing 42
Case electronically transferred in from District of Colorado; Case Number 1:20-cv-03535. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed.
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Filing 41
ORDER Granting in Part Defendants' Motion for Transfer of Venue and to Dismiss. Defendants' Motion (ECF No. #13 ) is GRANTED IN PART. This case is TRANSFERRED to the United States District Court for the Northern District of Texas, and the Clerk shall transmit the file to the Clerk of that court. The portion of the Motion seeking dismissal of the Complaint will remain pending in the Northern District of Texas. Unless and until ordered otherwise by the Northern District of Texas, unexpired deadlines in this case (if any) continue to control. By Judge William J. Martinez on 06/14/2021. (athom, ) [Transferred from Colorado on 6/15/2021.]
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***Case Transferred Electronically to the Northern District of Texas. (athom, ) [Transferred from Colorado on 6/15/2021.]
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Filing 40
MINUTE ENTRY for Telephonic Discovery Hearing held before Magistrate Judge Scott T. Varholak on 6/9/2021. ORDERED: #35 Opposed Motion to Amend the Scheduling Order and Extend Deadlines for Discovery and Briefing on the Merits is DENIED to the extent it seeks to extend the discovery deadline. The court, sua sponte, will extend the deadline to supplement the administrative record to June 14, 2021. FTR: 402. (morti, ) [Transferred from Colorado on 6/15/2021.]
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Filing 39
RESPONSE to #35 MOTION to Amend/Correct/Modify #28 Scheduling Order filed by Plaintiff Lafe Dunn. (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 38
MINUTE ORDER This matter is before the Court on #35 MOTION to Amend/Correct/Modify #28 Scheduling Order. Plaintiff shall file a response to the Motion on or before 6/7/2021. The Court will take up the Motion at the Telephonic Discovery Hearing set for 6/9/2021 09:00 AM before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/2/2021. Text Only Entry (stvlc2, ) [Transferred from Colorado on 6/15/2021.]
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Filing 37
MEMORANDUM regarding #35 MOTION to Amend/Correct/Modify #28 Scheduling Order filed by Southwest Airlines Co Voluntary Separation Program 2020, Southwest Airlines Co. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 6/1/2021. Text Only Entry (wjmsec, ) [Transferred from Colorado on 6/15/2021.]
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Filing 36
MINUTE ORDER Per the request of the parties, this matter is set for a Telephonic Discovery Hearing on 6/9/2021 09:00 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the hearing by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. Pursuant to Magistrate Judge Varholak's Practice Standards, on or before 6/4/2021, the parties shall submit via email to Varholak_Chambers@cod.uscourts.gov a brief joint statement setting forth the issues in dispute. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/01/2021. Text Only Entry (stvlc1, ) [Transferred from Colorado on 6/15/2021.]
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Filing 35
MOTION to Amend/Correct/Modify #28 Scheduling Order by Defendants Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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Filing 34
MINUTE ENTRY for Telephonic Discovery Hearing held before Magistrate Judge Scott T. Varholak on 5/4/2021. FTR: 402. (morti, ) [Transferred from Colorado on 6/15/2021.]
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Filing 33
NOTICE of Supplemental Authorities (Third) by Plaintiff Lafe Dunn (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 32
NOTICE of Supplemental Authorities (Second) by Plaintiff Lafe Dunn (Attachments: #1 Exhibit Rose v. PSA Airlines, Inc.)(Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 31
MINUTE ORDER Per the request of the parties, this matter is set for a Telephonic Discovery Hearing on 5/4/2021 02:30 PM before Magistrate Judge Scott T. Varholak. The parties shall participate in the hearing by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. Pursuant to Magistrate Judge Varholak's Practice Standards, on or before 4/28/2021, the parties shall submit via email to Varholak_Chambers@cod.uscourts.gov a brief joint statement setting forth the issues in dispute. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/19/2021. Text Only Entry (stvlc1, ) [Transferred from Colorado on 6/15/2021.]
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Filing 30
STIPULATION for Extension of Time to Serve Discovery Responses by Defendants Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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Filing 29
NOTICE of Supplemental Authorities (Plaintiff's) by Plaintiff Lafe Dunn (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 28
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 4/6/2021. (morti, ) [Transferred from Colorado on 6/15/2021.]
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Filing 27
MINUTE ENTRY for Telephonic Scheduling Conference (E.R.I.S.A) held before Magistrate Judge Scott T. Varholak held on 4/6/2021. Discovery due by 5/28/2021. FTR: 402. (morti, ) [Transferred from Colorado on 6/15/2021.]
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Filing 26
NOTICE of Entry of Appearance by Eliot Taylor Burriss on behalf of Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020Attorney Eliot Taylor Burriss added to party Southwest Airlines Co(pty:dft), Attorney Eliot Taylor Burriss added to party Southwest Airlines Co Voluntary Separation Program 2020(pty:dft) (Burriss, Eliot) [Transferred from Colorado on 6/15/2021.]
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Filing 25
Proposed Scheduling Order (ERISA Action) by Plaintiff Lafe Dunn. (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 24
ORDER granting #21 Motion to Continue. The Scheduling Conference set for 3/11/2021 is VACATED and RESET for 4/6/2021 11:15 AM before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 3/30/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/8/2021. Text Only Entry(stvlc2, ) [Transferred from Colorado on 6/15/2021.]
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Filing 23
MEMORANDUM regarding #21 Unopposed MOTION to Continue Scheduling Conference and Associated Deadlines filed by Southwest Airlines Co Voluntary Separation Program 2020, Southwest Airlines Co. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 3/8/2021. Text Only Entry (wjmlc1, ) [Transferred from Colorado on 6/15/2021.]
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Filing 22
REPLY to Response to #13 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Motion to Transfer Venue Pursuant to USC Section 1404(a) filed by Defendants Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Attachments: #1 Exhibit A)(Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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Filing 21
Unopposed MOTION to Continue Scheduling Conference and Associated Deadlines by Defendants Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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Filing 20
NOTICE of Entry of Appearance of Matthew Fritz-Mauer by Matthew Fritz-Mauer on behalf of Lafe DunnAttorney Matthew Fritz-Mauer added to party Lafe Dunn(pty:pla) (Fritz-Mauer, Matthew) [Transferred from Colorado on 6/15/2021.]
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Filing 19
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 2/ 26/2021. (wjmsec, ) [Transferred from Colorado on 6/15/2021.]
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Filing 18
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 2/26/2021. Text Only Entry (wjmsec, ) [Transferred from Colorado on 6/15/2021.]
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Filing 17
CASE REASSIGNED pursuant to #16 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 20-cv-03535-WJM. (Text Only Entry) (jgonz, ) [Transferred from Colorado on 6/15/2021.]
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Filing 16
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Lafe Dunn All parties do not consent.. (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 15
RESPONSE to #13 MOTION to Dismiss Pursuant to Rule 12(b)(6) and Motion to Transfer Venue Pursuant to USC Section 1404(a) filed by Plaintiff Lafe Dunn. (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 14
CORPORATE DISCLOSURE STATEMENT. (Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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***Answer Deadlines terminated per #13 Motion to Dismiss filed. (athom, ) [Transferred from Colorado on 6/15/2021.]
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Filing 13
MOTION to Dismiss Pursuant to Rule 12(b)(6) and Motion to Transfer Venue Pursuant to USC Section 1404(a) by Defendants Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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Filing 12
ORDER granting #11 Motion for Leave to File Excess Pages. Defendant may exceed the Court's motions page limit by 5 pages for its consolidated motion to dismiss and motion to change venue. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/1/2021. Text Only Entry(stvlc2, ) [Transferred from Colorado on 6/15/2021.]
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Filing 11
MOTION for Leave to File Excess Pages for Motion to Transfer Venue 28 USC Section 1404(a) and Motion to Dismiss Pursuant to Rule 12(b)(6) by Defendants Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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Filing 10
ORDER granting #9 Motion to Continue. The Telephonic cheduling Conference set for 2/4/2021 is VACATED and RESET for 3/11/2021 10:30 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall hold a meeting in accordance with Fed. R. Civ. P. 26(f) at least 21 days in advance of the scheduling conference. The Consent Form due is by 2/25/2021. The parties shall file a joint Proposed Scheduling Order by 3/4/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/8/2021. Text Only Entry(stvlc2, ) [Transferred from Colorado on 6/15/2021.]
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Filing 9
MOTION to Continue Scheduling Conference and Associated Deadlines, Partially Unopposed by Defendants Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020. (Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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Filing 8
WAIVER OF SERVICE Returned Executed by Lafe Dunn. Southwest Airlines Co Voluntary Separation Program 2020 waiver sent on 12/1/2020, answer due 1/30/2021. (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 7
WAIVER OF SERVICE Returned Executed by Lafe Dunn. Southwest Airlines Co waiver sent on 12/1/2020, answer due 1/30/2021. (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 6
NOTICE of Entry of Appearance by Shay P. Talbitzer on behalf of Southwest Airlines Co, Southwest Airlines Co Voluntary Separation Program 2020Attorney Shay P. Talbitzer added to party Southwest Airlines Co(pty:dft), Attorney Shay P. Talbitzer added to party Southwest Airlines Co Voluntary Separation Program 2020(pty:dft) (Talbitzer, Shay) [Transferred from Colorado on 6/15/2021.]
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Filing 5
ORDER Setting Telephonic Scheduling Conference for 2/4/2021 09:00 AM before Magistrate Judge Scott T. Varholak. Consent Form due by 1/21/2021. Proposed Scheduling Order due 1/28/2021, by Magistrate Judge Scott T. Varholak on 12/1/2020. (jgonz, ) Modified on 12/2/2020 to show correct filing date for proposed Scheduling Order. (nmarb, ). [Transferred from Colorado on 6/15/2021.]
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Filing 4
NOTICE of Corrected Civil Cover Sheet by Plaintiff Lafe Dunn (Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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Filing 3
SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (jsalz, ) [Transferred from Colorado on 6/15/2021.]
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Filing 2
Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jsalz, ) [Transferred from Colorado on 6/15/2021.]
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Filing 1
COMPLAINT against Southwest Airlines Co, Southwest Airlines Co. Voluntary Separation Plan (Filing fee $ 400,Receipt Number 1082-7610793)Attorney Ellen Kelman added to party Lafe Dunn(pty:pla), filed by Lafe Dunn. (Attachments: #1 Exhibit VSP Plan Document, #2 Exhibit Addendum, #3 Exhibit VSP 2020, #4 Exhibit VSP Summary Plan, #5 Exhibit Terms and Conditions of VSP, #6 Exhibit VSP FAQ, #7 Exhibit CBA Excerpts, #8 Exhibit CSS Crew Access for swa Plt on August 2020, #9 Exhibit 6-19 and 7-20 check stubs, #10 Exhibit VSP Appeal Letter 8-5-20, #11 Exhibit 8-19 letter from Chad Mead, #12 Exhibit New VSP letter, #13 Exhibit Lafe Dunn VSP appeal denied, #14 Exhibit Sick Leave and OJI June 2020, #15 Exhibit E-mail 10-4-2020, #16 Exhibit HRIS record, #17 Summons Summons (SWA), #18 Summons Summons (SWAVSP), #19 Civil Cover Sheet)(Kelman, Ellen) [Transferred from Colorado on 6/15/2021.]
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