Trauernicht, et al. v. Genworth Financial Inc., et al.
Plaintiff: Peter Trauernicht and Zachary Wright
Defendant: Genworth Financial Inc., The Board of Trustees of Genworth Financial Inc., The Fiduciary & Investments Committee of the Genworth Financial Inc. Retirement and Savings Plan and Does No. 1-20
Amicus Curiae: The American Benefits Council, The ERISA Industry Committee, The American Retirement Association and The Committee on Investment of Employee Benefit Assets Inc.
Case Number: 3:2022cv00532
Filed: August 1, 2022
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Robert E Payne
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. ยง 1132 E.R.I.S.A.
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2023 Opinion or Order Filing 150 Notice of Filing Sealing Motion LCvR5(C) by Peter Trauernicht, Zachary Wright re #149 Memorandum in Support, #148 MOTION to Seal - Motion to File Exhibits Under Seal, #146 Sealed Attachment/Exhibit(s), #145 Sealed Attachment/Exhibit(s), #147 Sealed Attachment/Exhibit(s), #144 Memorandum in Support, (Chappell, Glenn)
October 16, 2023 Opinion or Order Filing 149 Memorandum in Support re #148 MOTION to Seal - Motion to File Exhibits Under Seal filed by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
October 16, 2023 Opinion or Order Filing 148 MOTION to Seal - Motion to File Exhibits Under Seal by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
October 16, 2023 Opinion or Order Filing 147 Sealed Attachment/Exhibit(s) re #144 Memorandum in Support,. (Chappell, Glenn)
October 16, 2023 Opinion or Order Filing 146 Sealed Attachment/Exhibit(s) re #144 Memorandum in Support,. (Chappell, Glenn)
October 16, 2023 Opinion or Order Filing 145 Sealed Attachment/Exhibit(s) re #144 Memorandum in Support,. (Chappell, Glenn)
October 16, 2023 Opinion or Order Filing 144 Memorandum in Support re #143 MOTION to Certify Class filed by Peter Trauernicht, Zachary Wright. (Attachments: #1 Declaration of John C. Roberts in Support of Plaintiffs' Motion for Class Certification, #2 Declaration of Peter Trauernicht in Support of Plaintiffs' Motion for Class Certification, #3 Declaration of Zachary Wright in Support of Plaintiffs' Motion for Class Certification)(Chappell, Glenn)
October 16, 2023 Opinion or Order Filing 143 MOTION to Certify Class by Peter Trauernicht, Zachary Wright. (Attachments: #1 Proposed Order)(Chappell, Glenn)
October 3, 2023 Opinion or Order Filing 142 ORDER that having considered the JOINT MOTION FOR ENTRY OF ORDER SETTING SCHEDULE #141 , it is hereby ORDERED that the JOINT MOTION FOR ENTRY OF ORDER SETTING SCHEDULE #141 is granted in part and revised in part, and, therefore, it is further ORDERED that: The parties shall complete fact discovery by January 6, 2024. The parties shall identify experts for affirmative expert reports (including general topics of testimony and CVs) by November 30, 2023. The parties shall identify experts for rebuttal expert reports (including general topics of testimony and CVs) by December 15, 2023. The parties shall exchange affirmative expert reports by January 15, 2024. The parties shall exchange responsive expert reports by January 30, 2024. The parties shall complete expert depositions by February 10, 2024. The parties shall file all summary judgment motions by February 19, 2024. The parties shall file responses to summary judgment motions by March 4, 2024. The parties shall file replies to summary judgment motions on March 9, 2024. A hearing on all motions for summary judgment shall be held at 10:00 a.m. March 25, 2024. It is so ORDERED. Signed by District Judge Robert E. Payne on 10/3/2023. (jenjones, )
October 3, 2023 Opinion or Order Set Hearing: Motion for Summary Judgment Hearing set for 3/25/2024 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow)
October 2, 2023 Opinion or Order Filing 141 Joint MOTION For Entry of Order Setting Schedule by Peter Trauernicht, Zachary Wright. (Attachments: #1 Proposed Order)(Chappell, Glenn)
September 15, 2023 Opinion or Order Minute Entry for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 9/15/2023. (Court Reporter Krista Liscio.)(nbrow,
September 15, 2023 Opinion or Order Filing 140 ORDER. As set forth on the record during the conference call on September 15, 2023, it is hereby ORDERED that: (1) By October 2, 2023, the parties shall file a proposed discovery schedule, including the types of experts to be retained and the timing of expert disclosures; and (2) By October 16, 2023, Plaintiffs shall file their motion for class certification; and (3) By December 4, 2023, Defendant shall file its response; and (4) By December 18, 2023, Plaintiffs shall file their reply; and (5) Trial will begin on May 20, 2024, to continue until completion (but the parties should plan to complete the evidence presentation within five trial days); and (6) The final pretrial conference will be held at 10:00am on Monday, May 6, 2024. It is so ORDERED. Signed by District Judge Robert E. Payne on 9/15/2023. (nbrow)
September 15, 2023 Opinion or Order Reset Hearings: Final Pretrial Conference set for 5/6/2024 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. Bench Trial set for 5/20/2024 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow)
September 13, 2023 Opinion or Order Filing 139 ORDER that for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that: (1) DEFENDANT'S PARTIAL MOTION TO DISMISS UNDER RULE 12(b) (1) (ECF No. #106 ) is granted, and the request for prospective injunctive relief is dismissed with prejudice; and (2) DEFENDANT'S MOTION TO DISMISS UNDER RULE 12(b)(6) (ECF No. #104 ) is denied; and (3) The stay on discovery imposed by a previous ORDER (ECF No. #72 ) is lifted. It is further ORDERED that the facts and legal contentions are adequately presented in the materials before the Court and oral argument would not aid the decisional process. It is so ORDERED. Signed by District Judge Robert E. Payne on 9/12/2023. (jenjones, )
September 13, 2023 Opinion or Order Filing 138 MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 9/12/2023. (jenjones, )
August 18, 2023 Opinion or Order Filing 137 NOTICE of Supplemental Authority by Genworth Financial Inc. re #104 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit 1: Bracalente Order, #2 Exhibit 2: Kistler Transcript)(Pumphrey, Brian) Modified on 8/21/2023 (adun, ).
August 18, 2023 Opinion or Order Filing 136 RESPONSE to Motion re #134 Consent MOTION for Leave to File Supplemental Authority filed by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
August 15, 2023 Opinion or Order Filing 135 ORDER - Having considered DEFENDANT'S MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY #134 , and with the consent of the plaintiffs, it is hereby ORDERED that the Motion #134 is granted and the defendant is permitted leave to electronically file the supplemental authority. It is so ORDERED. Signed by District Judge Robert E. Payne on 8/15/2023. (jenjones, )
August 14, 2023 Opinion or Order Filing 134 Consent MOTION for Leave to File Supplemental Authority by Genworth Financial Inc.. (Attachments: #1 Exhibit 1: Bracalente Order, #2 Exhibit 2: Kistler Transcript)(Pumphrey, Brian)
August 7, 2023 Opinion or Order Filing 133 Reply to Motion re #104 MOTION to Dismiss for Failure to State a Claim (Amended) filed by Genworth Financial Inc.. (Siegmund, Heidi)
August 1, 2023 Opinion or Order Filing 132 Memorandum in Opposition re #104 MOTION to Dismiss for Failure to State a Claim (Amended) filed by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
July 26, 2023 Opinion or Order Filing 131 Memorandum in Support re #104 MOTION to Dismiss for Failure to State a Claim (Amended) filed by Genworth Financial Inc.. (Attachments: #1 Declaration of Victor Skakandy in Support of Defendant's Motion to Dismiss Under Rule 12(b)(6) the Second Amended Complaint, #2 Exhibit A: Filed Under Seal, #3 Exhibit B: Filed Under Seal, #4 Exhibit C: Filed Under Seal, #5 Exhibit D: 2022 Target-Date Strategy Landscape)(Siegmund, Heidi)
July 26, 2023 Opinion or Order Filing 130 Sealed Memorandum in Support re #104 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit A: Investment Policy Statement (Sealed), #2 Exhibit B: Minutes (Sealed), #3 Exhibit C: Investment Review Presentation (Sealed))(Siegmund, Heidi)
July 20, 2023 Opinion or Order Filing 129 NOTICE of Supplemental Authority by Genworth Financial Inc. re: #104 MOTION to Dismiss for Failure to State a Claim. (Attachments: #1 Exhibit 1 - Supplemental authority)(Siegmund, Heidi). Modified on 7/20/2023. (sbea)
July 19, 2023 Opinion or Order Filing 128 ORDER - It is hereby ORDERED that: 1) Genworth shall file a sealed replacement supporting brief, a redacted replacement supporting brief, and all related attachments by July 26, 2023; and 2) The Plaintiffs shall file a replacement opposing brief by August 1, 2023; and 3) Genworth shall file a replacement reply brief by August 7, 2023. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 7/19/2023. (sbea)
July 19, 2023 Opinion or Order Filing 127 ORDER - Having considered DEFENDANT'S MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY (ECF No. #126 ), it is hereby ORDERED that the Motion (ECF No. #126 ) is granted and the defendant is permitted leave to electronically file the supplemental authority. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 7/18/2023. (sbea)
July 17, 2023 Opinion or Order Filing 126 MOTION for Leave to File / Submit Supplemental Authority by Genworth Financial Inc.. (Attachments: #1 Exhibit 1 - Supplemental authority)(Siegmund, Heidi)
June 26, 2023 Opinion or Order Filing 125 Defendant's Notice of Supplemental Authority by Genworth Financial Inc. re #104 MOTION to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit 1: Order, Anderson v. Advance Publications, Inc.)(Siegmund, Heidi). Modified on 6/26/2023. (sbea)
June 22, 2023 Opinion or Order Filing 124 ORDER - Before the Court is DEFENDANT'S MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY (ECF No. #122 ) filed on June 14, 2023, and the time for filing a timely response having expired and no timely response having been filed, it is hereby ORDERED that DEFENDANT'S MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY (ECF No. #122 ) is granted and the defendant is permitted leave to electronically file the supplemental authority. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 6/22/2023. (sbea)
June 15, 2023 Opinion or Order Filing 123 ORDER - It is hereby ORDERED that DEFENDANT'S MOTION TO FILE MATERIALS UNDER SEAL (ECF No. #109 ) is granted and the MEMORANDUM OF LAW IN SUPPORT OF GENWORTH'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT UNDER RULE 12(b)(6) (ECF No. #111 ) and Exhibit A thereto (ECF No. 111-1) and DEFENDANT'S ANSWER AND DEFENSES TO PLAINTIFFS' SECOND AMENDED COMPLAINT (ECF No. #112 ) are filed under seal; provided that appropriately redacted versions thereof are filed in the public record. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 6/14/2023. (sbea)
June 14, 2023 Opinion or Order Filing 122 MOTION for Leave to File Supplemental Authority by Genworth Financial Inc.. (Attachments: #1 Exhibit 1: Order, Anderson v. Advance Publications, Inc.)(Siegmund, Heidi)
June 12, 2023 Opinion or Order Filing 121 REPLY to Response to Motion re #106 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Partial Motion to Dismiss Under Rule 12(b)(1)) filed by Genworth Financial Inc.. (Siegmund, Heidi)
June 12, 2023 Opinion or Order Filing 120 REPLY to Response to Motion re #104 MOTION to Dismiss for Failure to State a Claim filed by Genworth Financial Inc.. (Siegmund, Heidi)
June 5, 2023 Opinion or Order Filing 119 Joint Status Report Regarding Mediation by Peter Trauernicht, Zachary Wright (Kuhlik, Lauren). Modified on 6/6/2023. (sbea)
May 31, 2023 Opinion or Order Filing 118 Memorandum in Opposition re #104 MOTION to Dismiss for Failure to State a Claim filed by Peter Trauernicht, Zachary Wright. (Kuhlik, Lauren)
May 31, 2023 Opinion or Order Filing 117 Memorandum in Opposition re #106 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Partial Motion to Dismiss Under Rule 12(b)(1)) filed by Peter Trauernicht, Zachary Wright. (Kuhlik, Lauren)
May 26, 2023 Opinion or Order Filing 116 ORDER - Having reviewed the JOINT STATUS REPORT REGARDING MEDIATION (ECF No. #115 ), and having been advised that the parties will engage in mediation on May 30, 2023, it is hereby ORDERED that the parties shall submit an updated status report regarding mediation by June 5, 2023. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 5/25/2023. (sbea)
May 25, 2023 Opinion or Order Filing 115 STATUS REPORT Regarding Mediation (Joint) by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
May 19, 2023 Opinion or Order Filing 114 ORDER - Having been informed by all parties in the JOINT NOTICE REGARDING MEDIATION (ECF No. #63 ) that private mediation would occur by April 28, 2023, it is hereby ORDERED that the parties shall submit a status report regarding mediation and whether the Court shall refer this case to a Magistrate Judge for settlement by May 25, 2023. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 5/19/2023. (sbea)
May 15, 2023 Opinion or Order Filing 113 Memorandum in Support re #109 MOTION to Seal filed by Genworth Financial Inc.. (Siegmund, Heidi)
May 15, 2023 Opinion or Order Filing 112 Sealed Document re #103 Amended Complaint, #109 MOTION to Seal . (Siegmund, Heidi)
May 15, 2023 Opinion or Order Filing 111 Sealed Memorandum in Support re #104 MOTION to Dismiss for Failure to State a Claim , #109 MOTION to Seal . (Attachments: #1 Exhibit A (Declaration) - Investment Review)(Siegmund, Heidi)
May 15, 2023 Opinion or Order Filing 110 Notice of Filing Sealing Motion LCvR5(C) by Genworth Financial Inc. re #109 MOTION to Seal (Siegmund, Heidi)
May 15, 2023 Opinion or Order Filing 109 MOTION to Seal by Genworth Financial Inc.. (Attachments: #1 Proposed Order)(Siegmund, Heidi)
May 15, 2023 Opinion or Order Filing 108 ANSWER to Complaint (Redacted) (Defendant's Answer and Defenses to Plaintiffs' Second Amended Complaint) by Genworth Financial Inc. (Siegmund, Heidi). Modified on 5/16/2023. (sbea)
May 15, 2023 Opinion or Order Filing 107 Memorandum in Support re #106 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Partial Motion to Dismiss Under Rule 12(b)(1)) filed by Genworth Financial Inc.. (Siegmund, Heidi)
May 15, 2023 Opinion or Order Filing 106 MOTION to Dismiss for Lack of Jurisdiction (Defendant's Partial Motion to Dismiss Under Rule 12(b)(1)) by Genworth Financial Inc.. (Siegmund, Heidi)
May 15, 2023 Opinion or Order Filing 105 Memorandum in Support (Redacted) re: #104 MOTION to Dismiss for Failure to State a Claim filed by Genworth Financial Inc. (Attachments: #1 Declaration of Victor Skakandy in Support of Defendant's Motion to Dismiss Under Rule 12(b)(6) the Second Amended Complaint, #2 Exhibit A (Declaration): Filed Under Seal)(Siegmund, Heidi). Modified on 5/16/2023. (sbea)
May 15, 2023 Opinion or Order Filing 104 MOTION to Dismiss for Failure to State a Claim by Genworth Financial Inc.. (Siegmund, Heidi)
April 17, 2023 Opinion or Order Filing 103 SECOND AMENDED CLASS ACTION COMPLAINT against Genworth Financial Inc., filed by Zachary Wright, Peter Trauernicht (Kuhlik, Lauren). Modified on 4/18/2023. (sbea)
March 19, 2023 Opinion or Order Filing 102 TRANSCRIPT of proceedings held on 3/15/2023, before Judge Robert E. Payne, Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. 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 4/18/2023. Redacted Transcript Deadline set for 5/19/2023. Release of Transcript Restriction set for 6/20/2023.(liscio, krista)
March 16, 2023 Opinion or Order Filing 101 ORDER - It is hereby ORDERED that: 1) The DEFENDANT'S MOTION TO DISMISS UNDER RULE 12(b)(6) (ECF No. #74 ) and the DEFENDANT'S PARTIAL MOTION TO DISMISS UNDER RULE 12(b)(1) (ECF No. #80 ) are denied as moot; and 2) The plaintiffs shall file a Second Amended Complaint by April 17, 2023; and 3) The defendant shall file an Answer and any responsive motions by May 15, 2023; and 4) The plaintiffs shall file any responses by May 31, 2023; and 5) The defendant shall file any replies by June 12, 2023. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 3/16/2023. (sbea)
March 15, 2023 Opinion or Order Filing 100 Minute Entry for proceedings held before District Judge Robert E. Payne: Motion Hearing held on 3/15/2023 re #74 Motion to Dismiss for Failure to State a Claim and #80 Motion to Dismiss for Lack of Jurisdiction; Oral arguments heard; Court denies motions as moot; plaintiffs to file second amended complaint by 4/17/2023; defendants to file answer by 5/15/2023; plaintiffs to file response to any motions by 5/31/2023; defendants to reply by 6/12/2023; order to issue (Court Reporter Krista Liscio, OCR.)(nbrow, )
March 15, 2023 Opinion or Order Filing 99 ORDER granting #96 Motion for Anna Lane Casey to appear as Pro Hac Vice for Genworth Financial Inc. Signed by Senior United States District Judge Robert E. Payne on 3/15/2023. (sbea)
March 15, 2023 Opinion or Order Filing 98 NOTICE by Genworth Financial Inc. re #95 Order,,, (Genworth's Second Position Statement Regarding Similarities and Differences with Amended Complaints in Tullgren and Hall Cases) (Attachments: #1 Redline - Amended Complaint)(Siegmund, Heidi)
March 15, 2023 Opinion or Order Filing 97 Plaintiffs' Statement of Position by Peter Trauernicht, Zachary Wright re: #95 Order. (Attachments: #1 Exhibit A)(Chappell, Glenn). Modified on 3/15/2023. (sbea)
March 14, 2023 Opinion or Order Filing 96 Motion to appear Pro Hac Vice by Anna Lane Casey and Certification of Local Counsel Heidi Siegmund Filing fee $ 75, receipt number AVAEDC-8843442. by Genworth Financial Inc.. (Siegmund, Heidi)
March 13, 2023 Opinion or Order Filing 95 ORDER - It is hereby ORDERED that, by March 15, 2023, at 10:00 AM, both parties shall simultaneously file the following two documents: 1) A Statement of Position no longer than ten pages explaining the similarities or differences between the AMENDED COMPLAINT (ECF No. #73 ) and the amended complaints in Tullgren and Hall; and 2) A visual depiction of the similarities or differences between the AMENDED COMPLAINT (ECF No. #73 ) and the amended complaints in Tullgren and Hall, such as providing a red-lined copy of the AMENDED COMPLAINT. However, it is ultimately within the discretion of each party for how they choose to visually depict the difference or similarities, but it should aid the Court in comparing this case with Tullgren and Hall. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 3/13/2023. (sbea)
March 9, 2023 Opinion or Order Filing 94 Genworth's Position Statement Regarding the Tullgren and Hall Cases by Genworth Financial Inc. re: #89 Order (Siegmund, Heidi). Modified on 3/9/2023. (sbea)
March 8, 2023 Opinion or Order Filing 93 ORDER granting #91 Motion for Natalie Finkelman Bennett to appear as Pro Hac Vice Appointed for Peter Trauernicht and Zachary Wright. Signed by Senior United States District Judge Robert E. Payne on 3/8/2023. (sbea)
March 8, 2023 Opinion or Order Filing 92 Plaintiffs' Statement of Position Regarding Recent Decisions by Peter Trauernicht, Zachary Wright re: #89 Order (Chappell, Glenn). Modified on 3/8/2023. (sbea)
March 7, 2023 Opinion or Order Filing 91 Motion to appear Pro Hac Vice by Natalie Finkelman Bennett and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8834007. by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
March 7, 2023 Opinion or Order Filing 90 NOTICE of Appearance by Lauren Kuhlik on behalf of Peter Trauernicht, Zachary Wright (Kuhlik, Lauren)
March 6, 2023 Opinion or Order Filing 89 ORDER - It is hereby ORDERED that: 1) By March 8, 2023, at 10:00 AM, the Plaintiff's shall file a Statement of Position on the similarities and differences between the instant case and the above memorandum opinions and orders and whether leave to amend is necessary or appropriate; and 2) By March 9, 2023, at 10:00 AM, the Defendant shall file a response; and 3) The Court will hear oral arguments on the motions and related papers on March 15, 2023, at 1:30 PM. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 3/6/2023. (sbea)
February 21, 2023 Opinion or Order Notice of Correction re: #87 Reply to Motion and #88 Reply to Response to Motion; in preparing the Nine-element Signature Block, please be sure to add the local attorneys before the Pro Hac Vice attorneys. No action is required at this time. (sbea)
February 20, 2023 Opinion or Order Filing 88 REPLY to Response to Motion re #80 MOTION to Dismiss for Lack of Jurisdiction (Partial Motion to Dismiss Under Rule 12(b)(1) filed by Genworth Financial Inc.. (Siegmund, Heidi)
February 20, 2023 Opinion or Order Filing 87 Reply to Motion re #74 MOTION to Dismiss for Failure to State a Claim filed by Genworth Financial Inc.. (Siegmund, Heidi)
February 14, 2023 Opinion or Order Filing 86 ORDER - Having considered DEFENDANT'S MOTION TO FILE EXHIBITS UNDER SEAL (ECF No. #76 ), and for good cause shown it is hereby ORDERED that DEFENDANT'S MOTION TO FILE EXHIBITS UNDER SEAL (ECF No. #76 ) is GRANTED, and Exhibits A, F, G, and H to the MEMORANDUM OF LAW IN SUPPORT OF GENWORTH'S MOTION TO DISMISS THE AMENDED COMPLAINT UNDER RULE 12(b) (6) (ECF No. #75 ) shall be filed under seal. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 2/14/2023. (sbea)
February 13, 2023 Opinion or Order Filing 85 Memorandum in Opposition re: #74 MOTION to Dismiss for Failure to State a Claim filed by Peter Trauernicht, Zachary Wright. (Attachments: #1 Exhibit A)(Chappell, Glenn). Modified on 2/14/2023. (sbea)
February 13, 2023 Opinion or Order Filing 84 Memorandum in Opposition re #80 MOTION to Dismiss for Lack of Jurisdiction (Partial Motion to Dismiss Under Rule 12(b)(1) filed by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
February 13, 2023 Opinion or Order Filing 83 ANSWER to Complaint (Defendant's Answer and Defenses to Plaintiffs' Amended Complaint) by Genworth Financial Inc..(Siegmund, Heidi)
February 10, 2023 Opinion or Order Filing 82 ORDERED that the MOTION FOR THE AMERICAN BENEFITS COUNCIL, THE ERISA INDUSTRY COMMITTEE, THE AMERICAN RETIREMENT ASSOCIATION, AND THE COMMITTEE ON INVESTMENT OF EMPLOYEE BENEFIT ASSETS INC. TO PARTICIPATE AS AMICI CURIAE (ECF No. #26 ) is DENIED as moot. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 2/10/2023. (sbea)
February 3, 2023 Opinion or Order Filing 81 Memorandum in Support re #80 MOTION to Dismiss for Lack of Jurisdiction (Partial Motion to Dismiss Under Rule 12(b)(1) filed by Genworth Financial Inc.. (Siegmund, Heidi)
February 3, 2023 Opinion or Order Filing 80 MOTION to Dismiss for Lack of Jurisdiction (Partial Motion to Dismiss Under Rule 12(b)(1) by Genworth Financial Inc.. (Siegmund, Heidi)
February 3, 2023 Opinion or Order Filing 79 Memorandum in Support re #76 MOTION to Seal Exhibits filed by Genworth Financial Inc.. (Siegmund, Heidi)
February 3, 2023 Opinion or Order Filing 78 Sealed Attachment/Exhibit(s) re #76 MOTION to Seal Exhibits. (Attachments: #1 Exhibit A: Investment Policy Statement (Sealed), #2 Exhibit F: Minutes (Sealed), #3 Exhibit G: Minutes (Sealed), #4 Exhibit H: Minutes (Sealed))(Siegmund, Heidi)
February 3, 2023 Opinion or Order Filing 77 Notice of Filing Sealing Motion LCvR5(C) by Genworth Financial Inc. re #76 MOTION to Seal Exhibits (Siegmund, Heidi)
February 3, 2023 Opinion or Order Filing 76 MOTION to Seal Exhibits by Genworth Financial Inc.. (Attachments: #1 Proposed Order)(Siegmund, Heidi)
February 3, 2023 Opinion or Order Filing 75 Memorandum in Support re #74 MOTION to Dismiss for Failure to State a Claim filed by Genworth Financial Inc.. (Attachments: #1 Exhibit A: Filed Under Seal, #2 Exhibit B: Excerpts of 2021 Form 5500, #3 Exhibit C: 2022 Morningstar Target-Date Landscape Report, #4 Exhibit D: Morningstars 2018 BlackRock LifePath Index Target-Date Fund Series Report, #5 Exhibit E: 2021 Morningstar Target-Date Landscape Report, #6 Exhibit F: Filed Under Seal, #7 Exhibit G: Filed Under Seal, #8 Exhibit H: Filed Under Seal)(Siegmund, Heidi)
February 3, 2023 Opinion or Order Filing 74 MOTION to Dismiss for Failure to State a Claim by Genworth Financial Inc.. (Siegmund, Heidi)
January 20, 2023 Opinion or Order Filing 73 AMENDED COMPLAINT against All Defendants, filed by Zachary Wright, Peter Trauernicht.(Chappell, Glenn)
January 20, 2023 Opinion or Order Filing 72 ORDER that the discovery obligations in ECF Nos. #43 and #64 are stayed pending further Order of the Court; and, after decision on the forthcoming motions to dismiss the Amended Complaint, counsel shall be responsible for convening a status conference to attend to removal of the stay. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/20/2023. (adun, )
January 20, 2023 Opinion or Order Filing 71 ORDER that DEFENDANT'S MOTION TO DISMISS UNDER RULE 12(b)(6) #38 and DEFENDANT'S PARTIAL MOTION TO DISMISS UNDER RULE 12(b)(1) #40 are DENIED as moot after granting Plaintiff's oral motion for leave to file an Amended Complaint; and the hearing scheduled for January 23, 2023, at 10:00 AM is canceled. Signed by District Judge Robert E. Payne on 1/20/2023.(adun, )
January 20, 2023 Opinion or Order Filing 70 ORDER that the Plaintiff's oral motion for leave to file an Amended Complaint is GRANTED; and the Plaintiffs shall file an Amended Complaint by January 20, 2023; and the Defendants shall file any responsive motions by February 3, 2023; the Plaintiffs shall file a response by February 13, 2023; and the Defendants shall file a reply by February 20, 2023; and The Defendants shall file an Answer to the Amended Complaint by February 13, 2023; and should the Court decide to hear oral arguments on any filed responsive motions, arguments will be heard on March 15, 2023, at 1:30 PM. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/20/2023. (adun, )
January 20, 2023 Opinion or Order Set Hearing: Motion Hearing (if needed) set for 3/15/2023 at 01:30 PM in Richmond Courtroom 7400 before District Judge Robert E. Payne. Terminate Hearing: Motion Hearing set for 1/23/2023 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne canceled. (nbrow)
January 19, 2023 Opinion or Order Minute Entry for proceedings held before District Judge Robert E. Payne: Telephone Conference held on 1/19/2023. (Court Reporter Melissa Custis, OCR.) (nbrow)
January 19, 2023 Opinion or Order Filing 69 Defendant's Notice of Supplemental Authority by Genworth Financial Inc. re: #38 MOTION to Dismiss for Failure to State a Claim, #68 Order. (Attachments: #1 Exhibit 1: Tullgren Order, #2 Exhibit 2: Hall Order, #3 Exhibit 3: Transcript)(Siegmund, Heidi). Modified on 1/19/2023. (sbea)
January 18, 2023 Opinion or Order Filing 68 ORDERED that the DEFENDANT'S CONSENT MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY (ECF No. #67 ) is granted. It is further ORDERED that the defendants shall electronically file the supplemental authority by 5:00 p.m. January 19, 2023. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 1/18/2023. (sbea)
January 13, 2023 Opinion or Order Filing 67 Consent MOTION for Leave to File Supplemental Authority by Genworth Financial Inc.. (Attachments: #1 Exhibit 1: Tullgren Order, #2 Exhibit 2: Hall Order, #3 Exhibit 3: Transcript, #4 Proposed Order)(Siegmund, Heidi)
December 30, 2022 Opinion or Order Filing 66 ORDER - That For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that the Court will not transfer this case to the Alexandria Division. It is further ORDERED that the facts and legal contentions are adequately presented in the materials before the Court and oral argument would not aid the decisional process. It is so ORDERED. Signed by District Judge Robert E. Payne on 12/30/22. (jjones, )
December 30, 2022 Opinion or Order Filing 65 MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/30/22. (jjones, )
December 29, 2022 Opinion or Order Filing 64 ORDER - This matter comes before the Court on the Parties' Joint Motion for Entry of Order Setting Schedule for Expert Disclosures and Depositions (the "Motion"). For good cause shown, and upon the representation that neither party opposes the Motion, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that: The Parties shall exchange affirmative expert reports by May 1,2023. The Parties shall exchange responsive expert reports by June 16, 2023. The Parties shall complete expert depositions by July 31,2023. Signed by District Judge Robert E. Payne on 12/28/2022. (smej, )
December 29, 2022 Opinion or Order Filing 63 NOTICE by Genworth Financial Inc. Joint Notice Regarding Mediation (Siegmund, Heidi)
December 19, 2022 Opinion or Order Filing 62 Joint MOTION for Entry of Order Setting Schedule for Expert Disclosures and Depositions by Genworth Financial Inc.. (Attachments: #1 Proposed Order)(Siegmund, Heidi)
December 15, 2022 Opinion or Order Notice of Correction in re #61 - Consent Orders must be submitted to the Clerk's office with wet signatures from all parties. Please submit to Clerk's office as soon as possible OR a joint motion may be filed with electronic signatures. (adun, )
December 9, 2022 Opinion or Order Filing 61 STIPULATION re #54 Consent Order Setting Schedule for Expert Disclosures and Depositions by Peter Trauernicht, Zachary Wright. (Chappell, Glenn) Modified docket text on 12/12/2022 (adun, ).
December 8, 2022 Opinion or Order Filing 60 Response to #57 Plaintiffs' Reply to Genworth's Position Statement Regarding Potential Transfer to the Alexandria Division filed by Peter Trauernicht, Zachary Wright (Chappell, Glenn). Modified on 12/8/2022. (sbea)
December 8, 2022 Opinion or Order Filing 59 Response to #56 Genworth's Reply in Support of its Position Statement re: Potential Transfer to the Alexandria Division filed by Genworth Financial Inc. (Siegmund, Heidi). Modified on 12/8/2022. (sbea)
December 8, 2022 Opinion or Order Notice of Correction re: #59 Reply and #60 Reply, the correct filing event is "Response" rather than "Reply". Clerk has modified docket text to reflect same. (sbea)
December 2, 2022 Opinion or Order Filing 58 NOTICE of Change of Firm Address of Glenn E. Chappell. Modified on 12/5/2022. (sbea)
December 1, 2022 Opinion or Order Filing 57 Position Statement Regarding Potential Transfer to the Alexandria Division by Genworth Financial Inc. re: #54 Order. (Attachments: #1 Exhibit Wilkinson Declaration, #2 Exhibit Exhibit A to Wilkinson Declaration)(Siegmund, Heidi). Modified on 12/5/2022. (sbea)
December 1, 2022 Opinion or Order Filing 56 Position Statement Regarding Potential Transfer to the Alexandria Division by Peter Trauernicht, Zachary Wright; re: #54 Order (Chappell, Glenn). Modified on 12/5/2022. (sbea)
November 30, 2022 Opinion or Order Set Hearing: Motion to Dismiss Hearing set for 1/23/2023 at 10:00 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow)
November 29, 2022 Opinion or Order Filing 55 TRANSCRIPT of proceedings held on November 16, 2022, before Judge Robert E. Payne,Court Reporter Tracy Stroh, Telephone number 804-916-2267. 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 12/29/2022. Redacted Transcript Deadline set for 1/30/2023. Release of Transcript Restriction set for 2/27/2023.(stroh, tracy)
November 29, 2022 Opinion or Order Filing 54 ORDERED that: 1) By 5:00 p.m. November 17, 2022, counsel shall file Statements of Position advising whether the fact that the undersigned holds shares in Blackrock Equity Dividend Fund and Blackrock High Yield Bond Fund, presents any conflict in this case given that one of the issues is the performance of BlackRock LifePath Index Funds; and 2) The parties shall, by 5:00 p.m. November 17, 2022, shall file Statements of Position advising whether they consent to the transfer of this case to the Alexandria Division and, in particular, to reassignment of the case to Judge Michaels. Nachmanoff, who already has two cases involving many of the same issues, both of which cases were filed before this case; and 3) If the parties do not agree to transfer, they shall file Statements of Position on the issue of transfer to Judge Nachmanoff on December 1, 2022 and shall file reply positions on December 8, 2022. It is further ORDERED that if, for some reason, this case remains in this division and is not transferred: 4) At 10:00 a.m. January 23, 2023 the Court will hear argument on DEFENDANT'S MOTION TO DISMISS UNDER RULE 12(b)(6) (ECF No. #38 ); and 5) By December 9, 2022, the parties shall submit a proposed Consent Order outlining the schedule for making the expert disclosures required by Fed. R. Civ. P. 26 and for the filing of expert reports as therein required and the taking of expert depositions; and 6) By December 29, 2022, the parties shall file a Notice of the private mediation schedule to which they have agreed. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 11/29/2022. Filed nunc pro tunc November 16, 2022. (sbea)
November 21, 2022 Opinion or Order Filing 53 NON-JURY INITIAL PRETRIAL ORDER. At a pretrial conference held on November 16, 2022, this action was set for trial by the Court for five days starting on October 30, 2023, at 9:30 a.m. The Scheduling Order and Pretrial Schedule A previously issued in this action shall remain in effect. A Final Pretrial Conference will be conducted at 10:00 o'clock, a.m. on October 23, 2023, at which time trial counsel shall appear and present for entry a Final Pretrial Order setting forth: (See for complete details). It is so ORDERED. Signed by District Judge Robert E. Payne on 11/21/2022. (nbrow)
November 21, 2022 Opinion or Order Set Hearings: Final Pretrial Conference set for 10/23/2023 at 10:00 AM in Richmond Judges Chamber before District Judge Robert E. Payne. Bench Trial set for 10/30/2023 at 09:30 AM in Richmond Courtroom 7400 before District Judge Robert E. Payne. (nbrow)
November 17, 2022 Opinion or Order Filing 52 NOTICE by Genworth Financial Inc. Regarding Position Statement on Potential Transfer to the Alexandria Division and the Court's Participation in Unrelated BlackRock Mutual Funds (McArthur, Nikki)
November 17, 2022 Opinion or Order Filing 51 NOTICE by Peter Trauernicht, Zachary Wright Regarding Court's Inquiry Related to Disclosure Under 28 U.S. Code 455 (Chappell, Glenn)
November 16, 2022 Opinion or Order Filing 50 REPLY to Response to Motion re #40 MOTION to Dismiss for Lack of Jurisdiction Partial Motion to Dismiss Under Rule 12(b)(1) filed by Genworth Financial Inc.. (Siegmund, Heidi)
November 16, 2022 Opinion or Order Filing 49 REPLY to Response to Motion re #38 MOTION to Dismiss for Failure to State a Claim filed by Genworth Financial Inc.. (Siegmund, Heidi)
November 16, 2022 Opinion or Order Filing 48 PROTECTIVE ORDER. See for details. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 11/16/2022. (Attachment: #1 Exhibit A). (sbea)
November 16, 2022 Opinion or Order Minute Entry for proceedings held before District Judge Robert E. Payne: Initial Pretrial Conference held on 11/16/2022. (Court Reporter Tracy Stroh, OCR.)(nbrow)
November 15, 2022 Opinion or Order Filing 47 Consent MOTION for Protective Order by Genworth Financial Inc.. (Attachments: #1 Proposed Order)(Siegmund, Heidi)
November 10, 2022 Opinion or Order Filing 46 Memorandum in Opposition re #40 MOTION to Dismiss for Lack of Jurisdiction Partial Motion to Dismiss Under Rule 12(b)(1) filed by Peter Trauernicht. (Chappell, Glenn) Modified on 11/14/2022 (adun, ).
November 10, 2022 Opinion or Order Filing 45 Memorandum in Opposition re #38 MOTION to Dismiss for Failure to State a Claim filed by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
November 3, 2022 Opinion or Order Filing 44 NOTICE OF WAIVER OF ORAL ARGUMENT by The American Benefits Council, The American Retirement Association, The Committee on Investment of Employee Benefit Assets Inc., The ERISA Industry Committee. (Ondeck, Christopher). Modified on 11/3/2022. (sbea)
November 1, 2022 Opinion or Order Filing 43 SCHEDULING ORDER. See for complete details. It is so ORDERED. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 11/01/2022. (Attachment: #1 Schedule A) (nbrow)
November 1, 2022 Opinion or Order Filing 42 ORDER SETTING PRETRIAL CONFERENCE: Initial Pretrial Conference set for 11/16/2022 at 10:45 AM in Richmond Judges Chamber before District Judge Robert E. Payne. See for complete details. Issued at the direction of the Court. Signed by Nikki Brown with the permission of District Judge Robert E. Payne on 11/01/2022. (nbrow)
October 27, 2022 Opinion or Order Filing 41 Memorandum in Support re #40 MOTION to Dismiss for Lack of Jurisdiction Partial Motion to Dismiss Under Rule 12(b)(1) filed by Genworth Financial Inc.. (Siegmund, Heidi)
October 27, 2022 Opinion or Order Filing 40 MOTION to Dismiss for Lack of Jurisdiction Partial Motion to Dismiss Under Rule 12(b)(1) by Genworth Financial Inc.. (Siegmund, Heidi)
October 27, 2022 Opinion or Order Filing 39 Memorandum in Support re #38 MOTION to Dismiss for Failure to State a Claim filed by Genworth Financial Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siegmund, Heidi)
October 27, 2022 Opinion or Order Filing 38 MOTION to Dismiss for Failure to State a Claim by Genworth Financial Inc.. (Siegmund, Heidi)
October 26, 2022 Opinion or Order Filing 37 ORDER granting #28 Motion for Pro hac vice Appointed Russell Laurence Hirschhorn for The American Benefits Council,Russell Laurence Hirschhorn for The American Retirement Association,Russell Laurence Hirschhorn for The Committee on Investment of Employee Benefit Assets Inc.,Russell Laurence Hirschhorn for The ERISA Industry Committee. Signed by District Judge Robert E. Payne on 10/26/2022. (asho, )
October 26, 2022 Opinion or Order Filing 36 ORDER granting #29 Motion for Pro hac vice Appointed Myron Daniel Rumeld for The American Benefits Council,Myron Daniel Rumeld for The American Retirement Association,Myron Daniel Rumeld for The Committee on Investment of Employee Benefit Assets Inc.,Myron Daniel Rumeld for The ERISA Industry Committee. Signed by District Judge Robert E. Payne on 10/26/2022. (asho, )
October 26, 2022 Opinion or Order Filing 35 ORDER granting #30 Motion for Pro hac vice Appointed John Edward Roberts for The American Benefits Council,John Edward Roberts for The American Retirement Association,John Edward Roberts for The Committee on Investment of Employee Benefit Assets Inc.,John Edward Roberts for The ERISA Industry Committee. Signed by District Judge Robert E. Payne on 10/26/2022. (asho, )
October 26, 2022 Opinion or Order Filing 34 ORDER granting #31 Motion for Pro hac vice Appointed Adam Leigh Deming for The American Benefits Council, Adam Leigh Deming for The American Retirement Association,Adam Leigh Deming for The Committee on Investment of Employee Benefit Assets Inc.,Adam Leigh Deming for The ERISA Industry Committee. Signed by District Judge Robert E. Payne on 10/26/2022. (asho, )
October 25, 2022 Opinion or Order Filing 33 Memorandum in Opposition re #26 MOTION for Leave to File / MOTION FOR THE AMERICAN BENEFITS COUNCIL, THE ERISA INDUSTRY COMMITTEE, THE AMERICAN RETIREMENT ASSOCIATION, AND THE COMMITTEE ON INVESTMENT OF EMPLOYEE BENEFIT ASSETS INC. TO PARTICIPATE AS AMICI CURIAE filed by Peter Trauernicht, Zachary Wright. (Attachments: #1 Exhibit A)(Chappell, Glenn)
October 25, 2022 Opinion or Order Filing 32 ORDER Having reviewed DEFENDANT'S MOTION TO DISMISS filed pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (ECF No. #17 ), and the supporting memorandum (ECF No. 18), it is hereby ORDERED that DEFENDANT'S MOTION TO DISMISS (ECF No. #17 ) is denied without prejudice to the refiling of separate Motions to Dismiss and supporting memoranda. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 10/25/2022. (sbea)
October 24, 2022 Opinion or Order Notice of Correction re: #26 MOTION for Leave to File / MOTION FOR THE AMERICAN BENEFITS COUNCIL, THE ERISA INDUSTRY COMMITTEE, THE AMERICAN RETIREMENT ASSOCIATION, AND THE COMMITTEE ON INVESTMENT OF EMPLOYEE BENEFIT ASSETS INC. TO PARTICIPATE AS AMICI CURIAE; Clerk made ECF No. 27 an attachment to ECF No. #26 and the docket entry for ECF No. 27 was removed as directed by chambers. (sbea)
October 24, 2022 Opinion or Order Filing 31 Motion to appear Pro Hac Vice by Adam L. Deming and Certification of Local Counsel Christopher Ondeck Filing fee $ 75, receipt number AVAEDC-8626566. by The American Benefits Council, The American Retirement Association, The Committee on Investment of Employee Benefit Assets Inc., The ERISA Industry Committee. (Ondeck, Christopher)
October 24, 2022 Opinion or Order Filing 30 Motion to appear Pro Hac Vice by John E. Roberts and Certification of Local Counsel Christopher Ondeck Filing fee $ 75, receipt number AVAEDC-8626545. by The American Benefits Council, The American Retirement Association, The Committee on Investment of Employee Benefit Assets Inc., The ERISA Industry Committee. (Ondeck, Christopher)
October 24, 2022 Opinion or Order Filing 29 Motion to appear Pro Hac Vice by Myron D. Rumeld and Certification of Local Counsel Christopher Ondeck Filing fee $ 75, receipt number AVAEDC-8626523. by The American Benefits Council, The American Retirement Association, The Committee on Investment of Employee Benefit Assets Inc., The ERISA Industry Committee. (Ondeck, Christopher)
October 24, 2022 Opinion or Order Filing 28 Motion to appear Pro Hac Vice by Russell L. Hirschhorn and Certification of Local Counsel Christopher Ondeck Filing fee $ 75, receipt number AVAEDC-8626499. by The American Benefits Council, The American Retirement Association, The Committee on Investment of Employee Benefit Assets Inc., The ERISA Industry Committee. (Ondeck, Christopher)
October 24, 2022 Opinion or Order Filing 26 MOTION for Leave to File / MOTION FOR THE AMERICAN BENEFITS COUNCIL, THE ERISA INDUSTRY COMMITTEE, THE AMERICAN RETIREMENT ASSOCIATION, AND THE COMMITTEE ON INVESTMENT OF EMPLOYEE BENEFIT ASSETS INC. TO PARTICIPATE AS AMICI CURIAE by The American Benefits Council, The ERISA Industry Committee, The American Retirement Association, The Committee on Investment of Employee Benefit Assets Inc.. (Ondeck, Christopher). (Attachment added on 10/25/2022: #1 Amicus Brief). NEF was regenerated. Modified on 10/25/2022. (sbea)
October 24, 2022 Opinion or Order Filing 25 Financial Disclosure Statement by Genworth Financial Inc. (Siegmund, Heidi). Modified on 10/24/2022. (sbea)
October 24, 2022 Opinion or Order Notice of Correction re: #25 Corporate Disclosure Statement; Filing attorney selected the wrong filing event. The correct event is "Financial Disclosure Statement". Clerk corrected docket text to reflect same. No further action is required. (sbea)
October 21, 2022 Opinion or Order Filing 24 ORDER granting #12 Motion for Karl Gustave Nelson to appear as Pro Hac Vice Peter Trauernicht and Zachary Wright. Signed by Senior United States District Judge Robert E. Payne on 10/21/2022. (sbea)
October 21, 2022 Opinion or Order Filing 23 ORDER granting #10 Motion for John Claude Roberts to appear as Pro Hac Vice for Peter Trauernicht and Zachary Wright. Signed by Senior United States District Judge Robert E. Payne on 10/21/2022. (sbea)
October 21, 2022 Opinion or Order Filing 22 ORDER granting #7 Motion for Alec Berin to appear as Pro Hac Vice for Peter Trauernicht and Zachary Wright. Signed by Senior United States District Judge Robert E. Payne on 10/21/2022. (sbea)
October 21, 2022 Opinion or Order Filing 21 ORDER granting #8 Motion for James C. Shah to appear as Pro Hac Vice Peter Trauernicht and Zachary Wright. Signed by Senior United States District Judge Robert E. Payne on 10/21/2022. (sbea)
October 21, 2022 Opinion or Order Filing 20 ORDER granting #9 Motion for James Edward Miller to appear as Pro Hac Vice for Peter Trauernicht and Zachary Wright. Signed by Senior United States District Judge Robert E. Payne on 10/21/2022. (sbea)
October 17, 2022 Opinion or Order Filing 19 ANSWER to Complaint by Genworth Financial Inc..(Siegmund, Heidi)
October 17, 2022 Opinion or Order Filing 18 Memorandum in Support re #17 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction filed by Genworth Financial Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siegmund, Heidi)
October 17, 2022 Opinion or Order Filing 17 MOTION to Dismiss for Failure to State a Claim and for Lack of Subject Matter Jurisdiction by Genworth Financial Inc.. (Siegmund, Heidi)
October 13, 2022 Opinion or Order Filing 16 NOTICE of Appearance by Eugene Scalia on behalf of Genworth Financial Inc. (Scalia, Eugene)
October 7, 2022 Opinion or Order Filing 15 NOTICE of Appearance by Brian Emory Pumphrey on behalf of Genworth Financial Inc. (Pumphrey, Brian)
October 7, 2022 Opinion or Order Filing 14 NOTICE of Appearance by Heidi Siegmund on behalf of Genworth Financial Inc. (Siegmund, Heidi)
October 3, 2022 Opinion or Order Filing 13 STIPULATION Amended Joint Stipulation of Dismissal by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
September 12, 2022 Opinion or Order Notice of Correction re: #11 Stipulation; filing attorney has been notified of proper filing procedures for Submitting a "Joint Stipulation of Dismissal". Please be sure to include the correct rule in the pleading as well as e-signatures for attorneys. Upon re-filing, please reference in the "docket text" that this document is an "Amended Joint Stipulation of Dismissal". (sbea)
September 7, 2022 Opinion or Order Filing 12 Motion to appear Pro Hac Vice by Karl G. Nelson and Certification of Local Counsel Nikki L. McArthur Filing fee $ 75, receipt number AVAEDC-8557902. by Genworth Financial Inc.. (McArthur, Nikki)
September 6, 2022 Opinion or Order Filing 11 STIPULATION by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
September 2, 2022 Opinion or Order Filing 10 Motion to appear Pro Hac Vice by John Claude Roberts and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8554607. by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
September 2, 2022 Opinion or Order Filing 9 Motion to appear Pro Hac Vice by James Edward Miller and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8554603. by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
September 2, 2022 Opinion or Order Filing 8 Motion to appear Pro Hac Vice by James Craig Shah and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8554600. by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
September 2, 2022 Opinion or Order Filing 7 Motion to appear Pro Hac Vice by Alec Jacob Berin and Certification of Local Counsel Glenn E. Chappell Filing fee $ 75, receipt number AVAEDC-8554585. by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
August 31, 2022 Opinion or Order Filing 6 ORDER that the #5 UNOPPOSED MOTION TO EXTEND TIME TO RESPOND is granted with modification. It is further ORDERED that the defendant, Genworth Financial, Inc., shall file its Answer and any other motions with respect to the Complaint by October 16, 2022. It is so ORDERED. Signed by Senior United States District Judge Robert E. Payne on 8/31/2022. (sbea)
August 29, 2022 Opinion or Order Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint, (Unopposed) by Genworth Financial Inc., The Board of Trustees of Genworth Financial Inc., The Fiduciary & Investments Committee of the Genworth Financial Inc. Retirement and Savings Plan. (Attachments: #1 Proposed Order)(McArthur, Nikki)
August 29, 2022 Opinion or Order Filing 4 NOTICE of Appearance by Nikki Lynn McArthur on behalf of Genworth Financial Inc., The Board of Trustees of Genworth Financial Inc., The Fiduciary & Investments Committee of the Genworth Financial Inc. Retirement and Savings Plan (McArthur, Nikki)
August 1, 2022 Opinion or Order Filing 3 Summons Issued as to Genworth Financial Inc., The Board of Trustees of Genworth Financial Inc., and The Fiduciary & Investments Committee of the Genworth Financial Inc. Retirement and Savings Plan. 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 the 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. (sbea)
August 1, 2022 Opinion or Order Filing 2 Proposed Summons by Peter Trauernicht, Zachary Wright. (Chappell, Glenn)
August 1, 2022 Opinion or Order Filing 1 Class Action Complaint, (Filing Fee: $402, Receipt Number: AVAEDC-8500518), filed by Peter Trauernicht, Zachary Wright. (Attachment: #1 Civil Cover Sheet)(Chappell, Glenn). Clerk replaced Complaint to include Civil Action Number on 8/1/2022. Modified on 8/1/2022. (sbea)
August 1, 2022 Opinion or Order Initial Case Assignment to District Judge Robert E. Payne. (sbea)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Virginia Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Trauernicht, et al. v. Genworth Financial Inc., et al.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Peter Trauernicht
Represented By: Glenn Edward Chappell
Represented By: Alec Berin
Represented By: James Edward Miller
Represented By: James C. Shah
Represented By: John Claude Roberts
Represented By: Lauren Kuhlik
Represented By: Natalie Finkelman Bennett
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Zachary Wright
Represented By: Glenn Edward Chappell
Represented By: Alec Berin
Represented By: James Edward Miller
Represented By: James C. Shah
Represented By: John Claude Roberts
Represented By: Lauren Kuhlik
Represented By: Natalie Finkelman Bennett
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Genworth Financial Inc.
Represented By: Nikki Lynn McArthur
Represented By: Brian Emory Pumphrey
Represented By: Eugene Scalia
Represented By: Heidi Siegmund
Represented By: Karl Gustave Nelson
Represented By: Anna Lane Casey
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Board of Trustees of Genworth Financial Inc.
Represented By: Nikki Lynn McArthur
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Fiduciary & Investments Committee of the Genworth Financial Inc. Retirement and Savings Plan
Represented By: Nikki Lynn McArthur
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does No. 1-20
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: The American Benefits Council
Represented By: Myron Daniel Rumeld
Represented By: Russell Laurence Hirschhorn
Represented By: Christopher E. Ondeck
Represented By: Adam Leigh Deming
Represented By: John Edward Roberts
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: The ERISA Industry Committee
Represented By: Adam Leigh Deming
Represented By: John Edward Roberts
Represented By: Myron Daniel Rumeld
Represented By: Russell Laurence Hirschhorn
Represented By: Christopher E. Ondeck
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: The American Retirement Association
Represented By: Christopher E. Ondeck
Represented By: Adam Leigh Deming
Represented By: John Edward Roberts
Represented By: Myron Daniel Rumeld
Represented By: Russell Laurence Hirschhorn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: The Committee on Investment of Employee Benefit Assets Inc.
Represented By: Adam Leigh Deming
Represented By: Myron Daniel Rumeld
Represented By: Russell Laurence Hirschhorn
Represented By: Christopher E. Ondeck
Represented By: John Edward Roberts
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?