Newbold et al v HealthEquity Inc et al
| Sean Newbold, Lexie Friesen and Jared Leaman |
| HealthEquity Inc, Jon Kessler and Laurie Lehman |
| 2:2024cv00103 |
| February 8, 2024 |
| US District Court for the District of Utah |
| Central Office |
| Jared C Bennett |
| Dale A Kimball |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 72 NOTICE of SUPPLEMENTAL AUTHORITY by HealthEquity Inc re #27 Defendant's Motion to Sever (Vetter, Elena) |
| Filing 71 NOTICE of SUPPLEMENTAL AUTHORITY by HealthEquity Inc re #19 Defendant's 12(b)(6) Motion to Dismiss (Vetter, Elena) |
| Filing 70 AMENDED NOTICE OF HEARING ON MOTIONS re Defendants' #19 Motion to Dismiss and #27 Motion to Sever (Notice generated by Judge Kimball's Chambers): Motion Hearing is RESET for 5/1/2024, at 10:00 AM in Rm 3.400 before Judge Dale A. Kimball. (eat) |
Filing 69
ORDER granting #68 Stipulated Motion to Dismiss Defendant Laurie Lehman with Prejudice. Signed by Judge Dale A. Kimball on 3/1/2024. (eat)
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| Filing 68 Stipulated MOTION to Dismiss Party Laurie Lehman filed by Defendants HealthEquity Inc, Laurie Lehman. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Tolman, Mark) |
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Filing 67
ORDER granting #66 Stipulated Motion to Dismiss Defendant Jon Kessler with Prejudice. Signed by Judge Dale A. Kimball on 2/21/2024. (eat)
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| Filing 66 Stipulated MOTION to Dismiss Party Jon Kessler filed by Defendants HealthEquity Inc, Jon Kessler, Laurie Lehman. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Vetter, Elena) |
| Filing 65 NOTICE OF HEARING ON MOTIONS re Defendants' #19 Motion to Dismiss and #27 Motion to Sever (Notice generated by Judge Kimball's Chambers): Motion Hearing is set for 5/2/2024, at 10:00 AM in Rm 3.400 before Judge Dale A. Kimball. (eat) |
| Filing 64 REQUEST to Submit for Decision on Defendants' Motion to Dismiss filed by Plaintiff Sean Newbold. (Nielson, G.) |
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Filing 63
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 2/9/2024. (eat)
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Filing 62
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 2/9/2024. (eat)
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| Filing 61 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained per docket #14 . Case randomly assigned to Judge Dale A. Kimball and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B) or under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (nl) |
| Filing 60 Case transferred in from USDC of Wisconsin Eastern; Case Number 2:23-cv-00544. Original file, certified copy of transfer order and docket sheet received. USCD District of Utah case 2:24-cv-00103-JCB, assigned to Magistrate Judge Jared C. Bennett. |
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Filing 59
ORDER signed by Judge Brett H Ludwig on 2/7/24 that HealthEquity and Laurie Leahman's motion, in the alternative, for transfer pursuant to 28 U.S.C. 1404(a) #38 is GRANTED. This matter is hereby transferred to the District of Utah. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 58 Minute Entry for proceedings held before Judge Brett H Ludwig: Motion Hearing held on 1/18/2024. The Court heard argument on the pending motions to dismiss, transfer, sever, and suspend the briefing schedule. The Court will take the pending motions under advisement. (Court Reporter Jennifer Stake) (jad) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 57
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 1/3/2024 re: #56 Stipulation to Request Virtual Hearing. The stipulation is APPROVED. The motion hearing set for January 18, 2024 at 10:30 AM will be held via Zoom. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| ZOOM INFORMATION for Motion Hearing set for 1/18/24 at 10:30 a.m. before Judge Brett H Ludwig.#Click here to Join ZoomGov MeetingMeeting ID: 161 132 0269and Password: 246622Dial in: #+1-669-254-5252 or #+1-646-828-7666 (cc: all counsel) (jad) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 56 Joint MOTION for Hearing to be Virtual by Lexie Friesen, Jared Leaman, Sean Newbold. (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 55 NOTICE of Hearing: Motion Hearing set for 1/18/2024 at 10:30 AM in Courtroom 320, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Judge Brett H Ludwig. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 54 REPLY BRIEF in Support filed by HealthEquity Inc, Laurie Lehman re #38 MOTION to Dismiss or, In the Alternative, for Transfer MOTION to Transfer Case . (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 53
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 11/29/2023 re: #52 Joint Stipulation for Extension of Time. The stipulation is APPROVED. Defendants' reply brief in support of their Rule 12(b)(3) Motion to Dismiss or Transfer, ECF No. 38, is now due on or before December 18, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 52 Joint MOTION for Extension of Time for Defendants to File Reply in Support of Motion to Dismiss or for Transfer by HealthEquity Inc, Laurie Lehman. (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 51 DECLARATION of Shawn Swensen (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 50 BRIEF in Opposition filed by Lexie Friesen, Jared Leaman, Sean Newbold re #38 MOTION to Dismiss or, In the Alternative, for Transfer MOTION to Transfer Case . (Attachments: #1 Exhibit A - conversation between plaintiff s. swenson, #2 Exhibit B - email exchange between counsel, #3 Exhibit C - J.L. Medical records)(Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 49
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 10/24/2023 re: #48 Joint Stipulation on Deadline. The stipulation is APPROVED. Plaintiffs' response to Defendants' 12(b)(3) Motion to Dismiss or Transfer, ECF No. 38, is now due on or before November 20, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 48 Stipulated MOTION for Extension of Time for Plaintiffs to file Opposition to Defendants' Motion to Dismiss or, in the alternative, Transfer by Lexie Friesen, Jared Leaman, Sean Newbold. (Attachments: #1 Exhibit 1)(Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 47 BRIEF in Support filed by HealthEquity Inc, Laurie Lehman re #27 MOTION to Sever Plaintiffs' Claims . (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 46
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 10/10/2023 re: #43 Joint Stipulation on Deadline. The stipulation is APPROVED. Plaintiffs' response to Defendants' 12(b)(3) Motion to Dismiss or Transfer, ECF No. 38, is now due on or before October 30, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 45 BRIEF in Opposition filed by Lexie Friesen, Jared Leaman, Sean Newbold re #27 MOTION to Sever Plaintiffs' Claims . (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 44
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 10/6/2023 re: #42 Joint Stipulation on Deadline. The stipulation is APPROVED. Plaintiffs' response to Defendants' Motion to Sever is now due on or before October 27, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 43 Stipulated MOTION for Extension of Time for Plaintiffs to file Opposition to Defendants' Motion to Dismiss or, in the alternative, Transfer by Lexie Friesen, Jared Leaman, Sean Newbold. (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 42 Stipulated MOTION for Extension of Time for Plaintiffs to file Opposition to Defendants' Motion to Sever by Lexie Friesen, Jared Leaman, Sean Newbold. (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 41
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 9/25/2023 re: #40 Joint Stipulation on Deadline. The stipulation is APPROVED. Plaintiffs' response to Defendants' Motion to Sever is now due on or before October 6, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| NOTICE of Electronic Filing Error re #40 Joint MOTION for Extension of Time for Plaintiffs to file Opposition to Defendants' Motion to Sever filed by Jared Leaman, Lexie Friesen, Sean Newbold ; The incorrect event was chosen. Stipulation is the proper event. This document does not need to be refiled.; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (kah) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 40 Joint STIPULATION MOTION for Extension of Time for Plaintiffs to file Opposition to Defendants' Motion to Sever by Lexie Friesen, Jared Leaman, Sean Newbold. (Nielson, Laura) Modified on 9/25/2023 (kah). [Transferred from Wisconsin Eastern on 2/8/2024.] |
| NOTICE of Electronic Filing Error re #38 MOTION to Dismiss or, In the Alternative, for Transfer filed by HealthEquity Inc, Laurie Lehman ; When filing motions which contain multiple parts the filer should select all applicable parts from the motion event list; This entry has been corrected and there is no need to refile. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (kah) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 39 BRIEF in Support filed by HealthEquity Inc, Laurie Lehman re #38 MOTION to Dismiss or, In the Alternative, for Transfer . (Attachments: #1 Exhibits 1, 1A, 2)(Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 38 MOTION to Dismiss or, In the Alternative, for Transfer by HealthEquity Inc, Laurie Lehman. (Attachments: #1 Exhibits 1, 1A, 2)(Vetter, Elena). Added MOTION to Transfer Case on 9/19/2023 (kah). [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 37 RESPONSE to Motion filed by All Defendants re #34 MOTION to Expedite Suspending Briefing Schedule on Defendants' Motion to Sever Plaintiffs' Claims . (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 36 REPLY BRIEF in Support filed by HealthEquity Inc, Jon Kessler, Laurie Lehman re #19 MOTION to Dismiss Plaintiffs' Amended Complaint . (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 35 REPLY BRIEF in Support filed by Jon Kessler re #17 MOTION to Dismiss Plaintiffs' Amended Complaint . (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 34 MOTION to Expedite Suspending Briefing Schedule on Defendants' Motion to Sever Plaintiffs' Claims by Lexie Friesen, Jared Leaman, Sean Newbold. (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 33
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 9/8/2023 re: #32 Joint Stipulation on Deadlines. The stipulation is APPROVED. Plaintiffs' response to Defendants' Motion to Sever is now due on or before September 22, 2023. Defendants HealthEquity, Inc. and Laurie Lehman's time to reply to Plaintiffs response is extended to October 20, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 32 STIPULATION on Deadlines for Parties to File Supporting Briefs Regarding Defendants' Motion to Sever Plaintiffs' Claims by All Defendants. (Woodson, John) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 31
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 8/30/2023 re: #30 Stipulation on Deadline to File Replies in Support of Motion to Dismiss. The stipulation is APPROVED. Defendants must now file their replies in support of their motions to dismiss on or before September 15, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 30 STIPULATION on Deadline for Defendants to File Replies in Support of Their Motions to Dismiss by All Defendants. (Woodson, John) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 29
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 8/21/2023 re: #23 Motion for Leave to File Excess Pages. The motion is GRANTED. The Court accepts Plaintiffs' oversized response to Defendants' Motion to Dismiss. Because Plaintiffs' response is 10 pages longer than typically permitted under Civ. L. R. 7(f), the Court will allow Defendants an additional five pages for their reply (20 pages total). The Court encourages all parties to be concise in their filings. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 28 BRIEF in Support filed by HealthEquity Inc, Laurie Lehman re #27 MOTION to Sever Plaintiffs' Claims . (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 27 MOTION to Sever Plaintiffs' Claims by HealthEquity Inc, Laurie Lehman. (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 26 DECLARATION of Adam Price (Attachments: #1 Ex A - J. Kessler's post, #2 Ex B - A.P. email to J. Kessler)(Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 25 DECLARATION of Sean Newbold (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 24 BRIEF in Opposition filed by Lexie Friesen, Jared Leaman, Sean Newbold re #17 MOTION to Dismiss Plaintiffs' Amended Complaint . (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 23 MOTION for Leave to File Excess Pages (Ex Parte) in Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss by Lexie Friesen, Jared Leaman, Sean Newbold. (Attachments: #1 Copy of Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss, #2 Text of Proposed Order)(Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 22
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 7/21/2023 re: #21 Stipulation for Extension of Time. The stipulation is APPROVED. Plaintiffs must now respond to Defendants' Motion to Dismiss on or before August 18, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 21 Stipulated MOTION for Extension of Time for Plaintiffs to file Opposition to Defendants' Motions to Dismiss by Lexie Friesen, Jared Leaman, Sean Newbold. (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 20 BRIEF in Support filed by HealthEquity Inc, Jon Kessler, Laurie Lehman re #19 MOTION to Dismiss Plaintiffs' Amended Complaint . (Attachments: #1 Exhibit A. to Brief in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint)(Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 19 MOTION to Dismiss Plaintiffs' Amended Complaint by HealthEquity Inc, Jon Kessler, Laurie Lehman. (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 18 BRIEF in Support filed by Jon Kessler re #17 MOTION to Dismiss Plaintiffs' Amended Complaint . (Attachments: #1 Exhibit A. to Brief in Support of Defendant Jon Kessler's Motion to Dismiss Plaintiffs' Amended Complaint)(Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 17 MOTION to Dismiss Plaintiffs' Amended Complaint by Jon Kessler. (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 16 NOTICE of Appearance by Elena T Vetter on behalf of All Defendants. Attorney(s) appearing: Elena T. Vetter (Vetter, Elena) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 15 NOTICE of Appearance by Mark D Tolman on behalf of All Defendants. Attorney(s) appearing: Mark D. Tolman (Tolman, Mark) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 14 Magistrate Judge Jurisdiction Form filed by All Defendants. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Woodson, John) [Transferred from Wisconsin Eastern on 2/8/2024.] |
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Filing 13
TEXT ONLY ORDER signed by Judge Brett H. Ludwig on 5/31/2023 re: #12 Stipulation on Deadline for Defendants to File Responsive Pleading to the Amended Complaint. The stipulation is APPROVED. Defendants must answer or otherwise respond to Plaintiffs' Amended Complaint on or before July 7, 2023. (cc: all counsel)(jad) [Transferred from Wisconsin Eastern on 2/8/2024.]
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| Filing 12 STIPULATION on Deadline for Defendants to File Responsive Pleading to Amended Complaint by All Defendants. (Woodson, John) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 11 AMENDED COMPLAINT with Jury Demand against HealthEquity Inc, Jon Kessler, Laurie Lehman filed by Sean Newbold, Jared Leaman, Lexie Friesen.(Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 10 DISCLOSURE Statement by Laurie Lehman. (Mollman Elliott, Sharon) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 9 DISCLOSURE Statement by Jon Kessler. (Mollman Elliott, Sharon) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 8 DISCLOSURE Statement by HealthEquity Inc. (Mollman Elliott, Sharon) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 7 NOTICE of Appearance by Laura Nielson on behalf of Lexie Friesen, Jared Leaman, Sean Newbold. Attorney(s) appearing: Laura Nielson (Nielson, Laura) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| NOTICE from the clerk to DEFENDANTS requesting that the Consent/Refusal form to Magistrate Judge Stephen C Dries be filed within 21 days; the form is available #here. In addition, pursuant to Civil Local Rule 7.1 a disclosure statement should have been filed with your first pleading. Please file your disclosure statement within 7 days. (kah) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 6 NOTICE of Appearance by John T Woodson on behalf of All Defendants. Attorney(s) appearing: John T. Woodson (Woodson, John) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 5 NOTICE of Appearance by Sharon K Mollman Elliott on behalf of All Defendants. Attorney(s) appearing: Sharon Mollman Elliott (Mollman Elliott, Sharon) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 4 REQUEST for Issuance of Summons by All Plaintiffs (Radtke, Sandra) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 3 REQUEST for Issuance of Summons by All Plaintiffs (Radtke, Sandra) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 2 REQUEST for Issuance of Summons by All Plaintiffs (Radtke, Sandra) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Summons Issued as to HealthEquity Inc, Jon Kessler, Laurie Lehman. (kah) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| NOTICE Regarding assignment of this matter to Judge Brett H Ludwig; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Case Opening Modification(s); The following modification(s) have been made to your case entry: The county code has been modified - please remember to choose the county for the first named plaintiff. The jury demand has been modified - please remember to indicate that a jury demand is included in the initiating document. One or more party names have been modified - please remember to follow the Party Name Guidelines found on our website. ; Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines found in the user manual for further guidance (kah) [Transferred from Wisconsin Eastern on 2/8/2024.] |
| Filing 1 COMPLAINT with Jury Demand; against All Plaintiffs by Friesen. ( Filing Fee PAID $402 receipt number AWIEDC-4389752)(Radtke, Sandra) (Additional attachment(s) added on 5/1/2023: #1 Civil Cover Sheet) (jcl). [Transferred from Wisconsin Eastern on 2/8/2024.] |
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