Tullgren v. Booz Allen Hamilton Inc. et al
| Michael Tullgren |
| Booz Allen Hamilton Inc., The Board of Trustees of Booz Allen Hamilton Inc. and The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan |
| The ERISA Industry Committee, The American Benefits Council and The American Retirement Association |
| 1:2022cv00856 |
| August 1, 2022 |
| US District Court for the Eastern District of Virginia |
| Ivan D Davis |
| Michael S Nachmanoff |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1131 ERISA - Collection of Delinquent Trust Funds |
| None |
Docket Report
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This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.
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Filing 49
MEMORANDUM OPINION AND ORDER that the Defendants' Motion to Dismiss (Dkt. No. 41) is GRANTED and Plaintiff's Amended Complaint (Dkt. No. 38) is DISMISSED WITH PREJUDICE in its entirety (see Order for further details). Signed by District Judge Michael S Nachmanoff on 3/1/2023. (Dest)
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Filing 48
NOTICE by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc. re #42 Memorandum in Support, #41 MOTION to Dismiss Plaintiff's Amended Complaint of Supplemental Authority (Attachments: #1 Exhibit A)(Sharbaugh, Matthew)
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Filing 47
TRANSCRIPT of motion proceedings held on 2-3-23, before Judge Michael S. Nachmanoff, Court Reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/8/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 5/8/2023.(Salters, Diane)
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Filing 46
Minute Entry for proceedings held before District Judge Michael S Nachmanoff:Motion Hearing held on 2/3/2023. Plaintiff appeared through counsel John Roberts, James Shah, and Glenn Chappell. Defendants appeared through counsel Matthew Sharbaugh, Jeremy Blumenfeld, and Jared Killeen. MOTION to Dismiss Plaintiff's Amended Complaint re #41 argued and Taken Under Advisement. Order to follow. (Court Reporter D. Salters.)(lcre, )
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Filing 45
Rebuttal Brief re #41 MOTION to Dismiss Plaintiff's Amended Complaint filed by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Sharbaugh, Matthew)
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Filing 44
Memorandum in Opposition re #41 MOTION to Dismiss Plaintiff's Amended Complaint filed by Michael Tullgren. (Attachments: #1 Exhibit Exhibit A)(Chappell, Glenn)
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Set Deadline as to #41 MOTION to Dismiss Plaintiff's Amended Complaint. Motion Hearing set for 2/3/2023 at 10:00 AM in Alexandria Courtroom 400 before District Judge Michael S Nachmanoff. (wgar)
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Filing 43
Notice of Hearing Date re #41 MOTION to Dismiss Plaintiff's Amended Complaint (Sharbaugh, Matthew)
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Filing 42
Memorandum in Support re #41 MOTION to Dismiss Plaintiff's Amended Complaint filed by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Sharbaugh, Matthew)
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Filing 41
MOTION to Dismiss Plaintiff's Amended Complaint by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Sharbaugh, Matthew)
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Filing 40
ORDERED that Defendant shall have until January 12, 2023 to file a response to the Amended Complaint. Signed by District Judge Michael S Nachmanoff on 12/26/2022. (tran)
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Filing 39
MOTION for Extension of Time to File Response/Reply as to #38 Amended Complaint, [Unopposed] by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Attachments: #1 Proposed Order)(Sharbaugh, Matthew)
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Filing 38
AMENDED COMPLAINT against Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc., filed by Michael Tullgren.(Chappell, Glenn)
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Filing 37
TRANSCRIPT of proceedings held on 12-1-22, before Judge Michael S. Nachmanoff, Court Reporter/Transcriber Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 1/2/2023. Redacted Transcript Deadline set for 2/2/2023. Release of Transcript Restriction set for 3/3/2023.(Salters, Diane)
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Filing 36
NOTICE by Michael Tullgren of Change of Firm Address of Glenn E. Chappell (Chappell, Glenn)
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Filing 35
ORDERED that MOTION to Dismiss the Complaint re #20 is GRANTED. ORDERED that the Complaint re #1 is DISMISSED WITHOUT PREJUDICE with leave to file an amended complaint within fourteen (14) days of the date of this Order. Signed by District Judge Michael S Nachmanoff on 12/1/2022. (lcre, )
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Filing 34
Minute Entry for proceedings held before District Judge Michael S Nachmanoff:Motion Hearing held on 12/1/2022. Plaintiff appeared through counsel John Roberts, James Shah, and Glen Chappell. Defendants appeared through counsel Matthew Sharbaugh, Jeremy Blumenfeld, Frank Williams, and Jared Killeen. MOTION to Dismiss the Complaint re #20 argued and GRANTED. Complaint is dismissed without prejudice. Plaintiff has 14 days to file amended complaint if necessary. MOTION for Leave to File / MOTION FOR THE AMERICAN BENEFITS COUNCIL, THE ERISA INDUSTRY COMMITTEE, AND THE AMERICAN RETIREMENT ASSOCIATION TO PARTICIPATE AS AMICI CURIAE re #23 argued and DENIED. Order to follow. (Court Reporter D. Salters.)(lcre, ) (Main Document 34 replaced on 12/1/2022) (lcre, ).
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Motion Hearing re #20 MOTION to Dismiss the Complaint reset for 12/1/2022 at 10:00 AM in Alexandria Courtroom 400 before District Judge Michael S Nachmanoff. (lcre, )
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Motion Hearing re #20 MOTION to Dismiss the Complaint set for 12/1/2022 at 10:00 AM in Alexandria Courtroom 400 before District Judge Michael S Nachmanoff. (lcre, )
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Filing 33
NOTICE by The American Benefits Council, The American Retirement Association, The ERISA Industry Committee / NOTICE OF WAIVER OF ORAL ARGUMENT (Ondeck, Christopher)
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Filing 32
NOTICE by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc. re #31 Rebuttal Brief, of Errata (Attachments: #1 Exhibit 4)(Sharbaugh, Matthew)
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***Motion Hearing set for 11/4/2022 terminated per MSN chambers. (lcre, )
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Filing 31
Rebuttal Brief re #20 MOTION to Dismiss the Complaint filed by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Sharbaugh, Matthew)
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Filing 30
Memorandum in Opposition re #20 MOTION to Dismiss the Complaint filed by Michael Tullgren. (Chappell, Glenn)
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Filing 29
Memorandum in Opposition re #23 MOTION for Leave to File / MOTION FOR THE AMERICAN BENEFITS COUNCIL, THE ERISA INDUSTRY COMMITTEE, AND THE AMERICAN RETIREMENT ASSOCIATION TO PARTICIPATE AS AMICI CURIAE filed by Michael Tullgren. (Attachments: #1 Exhibit A)(Chappell, Glenn)
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Filing 28
Motion to appear Pro Hac Vice by Adam Leigh Deming and Certification of Local Counsel Christopher E. Ondeck Filing fee $ 75, receipt number AVAEDC-8614888. by The American Benefits Council, The American Retirement Association, The ERISA Industry Committee. (Ondeck, Christopher)
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Filing 27
Motion to appear Pro Hac Vice by John Edward Roberts and Certification of Local Counsel Christopher E. Ondeck Filing fee $ 75, receipt number AVAEDC-8614876. by The American Benefits Council, The American Retirement Association, The ERISA Industry Committee. (Ondeck, Christopher)
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Filing 26
Motion to appear Pro Hac Vice by Myron Daniel Rumeld and Certification of Local Counsel Christopher E. Ondeck Filing fee $ 75, receipt number AVAEDC-8614857. by The American Benefits Council, The American Retirement Association, The ERISA Industry Committee. (Ondeck, Christopher)
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Filing 25
Motion to appear Pro Hac Vice by Russell Laurence Hirschhorn and Certification of Local Counsel Christopher E. Ondeck Filing fee $ 75, receipt number AVAEDC-8614819. by The American Benefits Council, The American Retirement Association, The ERISA Industry Committee. (Ondeck, Christopher)
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Filing 24
Amicus Brief by The American Benefits Council, The American Retirement Association, The ERISA Industry Committee / AMICI CURIAE BRIEF OF THE AMERICAN BENEFITS COUNCIL, THE ERISA INDUSTRY COMMITTEE, AND THE AMERICAN RETIREMENT ASSOCIATION. (Ondeck, Christopher)
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Filing 23
MOTION for Leave to File / MOTION FOR THE AMERICAN BENEFITS COUNCIL, THE ERISA INDUSTRY COMMITTEE, AND THE AMERICAN RETIREMENT ASSOCIATION TO PARTICIPATE AS AMICI CURIAE by The ERISA Industry Committee, The American Benefits Council, The American Retirement Association. (Ondeck, Christopher)
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Filing 22
Notice of Hearing Date Set for 11/4/2022 re #20 MOTION to Dismiss the Complaint (Sharbaugh, Matthew)
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Filing 21
Memorandum in Support re #20 MOTION to Dismiss the Complaint filed by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sharbaugh, Matthew)
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Filing 20
MOTION to Dismiss the Complaint by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Attachments: #1 Proposed Order)(Sharbaugh, Matthew)
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Set Deadlines as to #20 MOTION to Dismiss the Complaint. Motion Hearing set for 11/4/2022 at 10:00 AM in Alexandria Courtroom 400 before District Judge Michael S Nachmanoff. (clar)
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Filing 19
ORDER granting #18 Motion for Pro hac vice Appointed Jeremy P. Blumenfeld for Booz Allen Hamilton Inc.,Jeremy P. Blumenfeld for The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan,Jeremy P. Blumenfeld for The Board of Trustees of Booz Allen Hamilton Inc.. Signed by District Judge Michael S Nachmanoff on 10/4/2022. (nneb)
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Filing 18
Motion to appear Pro Hac Vice by Jeremy P. Blumenfeld and Certification of Local Counsel Matthew J. Sharbaugh Filing fee $ 75, receipt number AVAEDC-8596903. by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Attachments: #1 Attachment A)(Sharbaugh, Matthew)
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Filing 15
ORDER granting #8 Motion for Pro hac vice Appointed Alec Jacob Berin for Michael Tullgren. Signed by District Judge Michael S Nachmanoff on 9/9/2022. (nneb)
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Filing 12
ORDER granting #11 Motion for Pro hac vice Appointed John Claude Roberts for Michael Tullgren. Signed by District Judge Michael S Nachmanoff on 9/14/2022. (kgall)
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Filing 17
ORDER granting #10 Motion for Pro hac vice Appointed James Edward Miller for Michael Tullgren. Signed by District Judge Michael S Nachmanoff on 9/9/2022. (nneb)
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Filing 16
ORDER granting #9 Motion for Pro hac vice Appointed James Craig Shah for Michael Tullgren. Signed by District Judge Michael S Nachmanoff on 9/9/2022. (nneb)
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Filing 14
ORDER granting #7 Motion for Pro hac vice Appointed Frank H. Williams, III for Booz Allen Hamilton Inc.,Frank H. Williams, III for The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan,Frank H. Williams, III for The Board of Trustees of Booz Allen Hamilton Inc.. Signed by District Judge Michael S Nachmanoff on 9/9/2022. (nneb)
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Filing 13
ORDER granting #6 Motion for Pro hac vice Appointed Sean K McMahan for Booz Allen Hamilton Inc.,Sean K McMahan for The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan,Sean K McMahan for The Board of Trustees of Booz Allen Hamilton Inc.. Signed by District Judge Michael S Nachmanoff on 9/9/2022. (nneb)
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Filing 11
Motion to appear Pro Hac Vice by John Claude Roberts and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8554557. by Michael Tullgren. (Chappell, Glenn)
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Filing 10
Motion to appear Pro Hac Vice by James Edward Miller and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8554554. by Michael Tullgren. (Chappell, Glenn)
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Filing 9
Motion to appear Pro Hac Vice by James Craig Shah and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8554551. by Michael Tullgren. (Chappell, Glenn)
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Filing 8
Motion to appear Pro Hac Vice by Alec Jacob Berin and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8554536. by Michael Tullgren. (Chappell, Glenn)
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Filing 7
Motion to appear Pro Hac Vice by Frank H. Williams, III and Certification of Local Counsel Matthew J. Sharbaugh Filing fee $ 75, receipt number AVAEDC-8552953. by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Sharbaugh, Matthew)
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Filing 6
Motion to appear Pro Hac Vice by Sean K. McMahan and Certification of Local Counsel Matthew J. Sharbaugh Filing fee $ 75, receipt number AVAEDC-8552952. by Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc.. (Attachments: #1 Attachment A)(Sharbaugh, Matthew)
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Filing 5
NOTICE of Appearance by Matthew James Sharbaugh on behalf of Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc. (Sharbaugh, Matthew)
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Filing 4
WAIVER OF SERVICE Returned Executed by Michael Tullgren. Booz Allen Hamilton Inc. waiver sent on 8/11/2022, answer due 10/10/2022; The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan waiver sent on 8/11/2022, answer due 10/10/2022; The Board of Trustees of Booz Allen Hamilton Inc. waiver sent on 8/11/2022, answer due 10/10/2022. (Chappell, Glenn)
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Filing 3
Summons Issued as to Booz Allen Hamilton Inc., The Administrative Committee of the Booz Allen Hamilton Inc. Employees' Capital Accumulation Plan, The Board of Trustees of Booz Allen Hamilton Inc., 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. (Attachments: #1 Notice of Lawsuit)(kgall)
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Filing 2
Proposed Summons by Michael Tullgren. (Chappell, Glenn)
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Filing 1
Complaint ( Filing fee $ 402, receipt number AVAEDC-8500433.), filed by Michael Tullgren. (Attachments: #1 Civil Cover Sheet)(Chappell, Glenn)
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Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge Ivan D. Davis. (kgall)
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