Sweet et al v. Advance Stores Company, Incorporated et al
Plaintiff: Deniece Pagans, Janet Sweet, Safi M. Riaz, Bessie M. McAdams, Keith O. Edwards and Peter H. Dargel
Defendant: Advance Stores Company, Incorporated, The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan, The Board of Directors Of Advance Stores Company, Inc. and John Does 1-30
Case Number: 7:2021cv00549
Filed: October 20, 2021
Court: US District Court for the Western District of Virginia
Presiding Judge: Pamela Meade Sargent
Referring Judge: Michael F Urbanski
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2023 Opinion or Order Filing 45 ORDER re Stipulation #44 filed by Keith O. Edwards, Safi M. Riaz, Deniece Pagans, Janet Sweet, Bessie M. McAdams, Peter H. Dargel. Deniece Pagans (Individually and on behalf of all others similarly situated) terminated as a plaintiff and her individual claims dismissed with prejudice. Signed by Chief Judge Michael F. Urbanski on 04/11/2023. (sln)
April 7, 2023 Opinion or Order Filing 44 STIPULATION Rule 41 Stipulation of Dismissal of Plaintiff Deniece Pagans by Peter H. Dargel, Keith O. Edwards, Bessie M. McAdams, Deniece Pagans, Safi M. Riaz, Janet Sweet (Gyandoh, Mark)
April 7, 2023 Opinion or Order Filing 43 STIPULATION AND PROPOSED ORDER re #40 MOTION Regarding Class Certification by Advance Stores Company, Incorporated, The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan (Thorne, Rene) Docket text was modified to reflect this includes a proposed order on 4/10/2023 (sln).
March 29, 2023 Opinion or Order Filing 42 MINUTE ORDER granting #41 Motion for Extension of Time to File Response/Reply Defendants' Responses to Motion to Certify Class #40 due by 4/7/2023 Replies due by 4/21/2023. Motion Ripe Deadline set for 4/21/2023.. Entered by US Magistrate Judge Pamela Meade Sargent on 3/29/23. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (PMS)
March 28, 2023 Opinion or Order Filing 41 Joint MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Certify Class by Advance Stores Company, Incorporated, The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan. Motions referred to Judge Pamela Meade Sargent. (Thorne, Rene)
February 28, 2023 Opinion or Order Filing 40 MOTION to Certify Class by Peter H. Dargel, Keith O. Edwards, Bessie M. McAdams, Safi M. Riaz, Janet Sweet. (Attachments: #1 Memorandum of Law in Support of Motion for Class Certification, #2 Declaration in Support Declaration of Mark Gyandoh, #3 Declaration in Support Declaration of Aaron Houchins, #4 Declaration in Support Declaration of Andy Fitzgerald, #5 Exhibit 1 - 104(b) request, #6 Exhibit 2 - Ltrs to IRS and Labor, #7 Exhibit 3 - List of Class Cert Decisions, #8 Exhibit 4 - Declaration of Safi M. Riaz, #9 Exhibit 5 - Declaration of Bessie McAdams, #10 Errata 6 - Declaration of Keith O. Edwards, #11 Exhibit 7 - Declaration of Peter Dargel, #12 Exhibit 8 - Declaration of Janet Sweet)(Gyandoh, Mark)
January 24, 2023 Opinion or Order Filing 39 SCHEDULING ORDER: Bench Trial Scheduled September 9-10, 2024 at 9:30 am. All non-dispositive pretrial motions and issues, except motions in limine, are hereby referred to United States Magistrate Judge Pamela Meade Sargent, pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Chief Judge Michael F. Urbanski on 01/20/2023. (sln)
December 21, 2022 Opinion or Order Filing 38 Notice Rescheduling Hearing (CR) (No Interpreter requested) Jury Trial previously set for 9/9-10/2024 at 9:30am before Judge Urbanski in Roanoke is rescheduled as a Bench Trial on 9/9-10/2024 09:30 AM in Roanoke before Chief Judge Michael F. Urbanski. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mka)
December 21, 2022 Opinion or Order Filing 37 NOTICE of Hearing: (CR) (No Interpreter requested) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings) Court Hearing re Class Certification set for 5/12/2023 09:30 AM in via Zoom before Chief Judge Michael F. Urbanski. Final Pretrial Conference set for 8/8/2024 09:30 AM in via Zoom before Chief Judge Michael F. Urbanski. Jury Trial set for 9/9-13/2024 09:30 AM in Roanoke before Chief Judge Michael F. Urbanski. Oral Argument Hearing re Motions for Summary Judgment set for 4/30/2024 09:30 AM in via Zoom before Chief Judge Michael F. Urbanski. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mka)
December 21, 2022 Opinion or Order Filing 36 Minute Entry for proceedings held before Chief Judge Michael F. Urbanski: Scheduling Conference held on 12/21/2022. ( Zoom) (mka)
October 28, 2022 Opinion or Order Filing 35 ORAL ORDER granting #34 Motion to Withdraw. Entered by Chief Judge Michael F. Urbanski on 10/28/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(mka)
October 5, 2022 Opinion or Order Filing 34 Motion of Withdraw of Appearance by Gabrielle P. Kelerchian. Notice of Withdrawal of Appearance (Attachments: #1 Text of Proposed Order)(Kelerchian, Gabrielle) Modified to reflect motion pursuant to Administrative Procedure L3. on 10/7/2022 (sln).
October 4, 2022 Opinion or Order Filing 33 NOTICE of Hearing: (N) (No Interpreter requested) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings) Scheduling Conference set for 12/21/2022 10:00 AM in via Zoom before Chief Judge Michael F. Urbanski. (mka)
September 22, 2022 Opinion or Order Filing 32 Scheduling Letter (mka)
August 11, 2022 Opinion or Order Filing 31 Positive Corporate Disclosure Statement by Advance Stores Company, Incorporated. (Thorne, Rene) (Main Document 31 replaced on 8/12/2022) (ams). Replaced deficient pdf document with flattened pdf document Modified on 8/12/2022 (ams). Modified on 8/12/2022 to correct docket text as to filing party (ams).
July 23, 2022 Opinion or Order Filing 30 REPORT of Rule 26(f) Planning Meeting (Houchens, Aaron)
July 21, 2022 Opinion or Order Filing 29 ORDER granting #28 MOTION for Phillip C. Thompson to Appear Pro Hac Vice. Signed by Chief Judge Michael F. Urbanski on 07/21/2022. (sln)
June 30, 2022 Opinion or Order Filing 28 MOTION for Phillip C. Thompson to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3980357. by Advance Stores Company, Incorporated, The Board of Directors Of Advance Stores Company, Inc., The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan. (Attachments: #1 Text of Proposed Order)(Holden, Kevin)
June 8, 2022 Opinion or Order Filing 27 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (slt)
June 7, 2022 Opinion or Order Filing 26 ANSWER to #25 Amended Complaint by Advance Stores Company, Incorporated, The Board of Directors Of Advance Stores Company, Inc., The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan.(Thorne, Rene)
May 24, 2022 Opinion or Order Filing 25 AMENDED COMPLAINT against All Defendants, filed by Keith O. Edwards, Safi M. Riaz, Deniece Pagans, Janet Sweet, Bessie M. McAdams, Peter H. Dargel.(Houchens, Aaron)
May 24, 2022 Opinion or Order Filing 24 ORDER granting #23 Motion for Leave to File a Consolidated Amended Complaint filed by Plantiffs, pursuant to Federal Rule of Civil Procedure 15(a)(2). Accordingly, the Plantiffs shall file their Consolidated Amended Complaint within seven (7) days of the date of this Order. Signed by Chief Judge Michael F. Urbanski on 05/23/2022. (sln)
May 4, 2022 Opinion or Order Filing 23 Consent MOTION for Leave to File Consolidated Amended Complaint by Peter H. Dargel, Keith O. Edwards, Bessie M. McAdams, Deniece Pagans, Safi M. Riaz, Janet Sweet. (Attachments: #1 Text of Proposed Order, #2 Exhibit Consolidated Amended Complaint)(Houchens, Aaron)
April 27, 2022 Opinion or Order Filing 22 NOTICE of Appearance by Gabrielle Kelerchian on behalf of Peter H. Dargel, Keith O. Edwards, Bessie M. McAdams, Deniece Pagans, Safi M. Riaz, Janet Sweet (Kelerchian, Gabrielle)
April 27, 2022 Opinion or Order Filing 21 NOTICE of Appearance by Donald Reavey on behalf of Peter H. Dargel, Keith O. Edwards, Bessie M. McAdams, Deniece Pagans, Safi M. Riaz, Janet Sweet (Reavey, Donald)
April 27, 2022 Opinion or Order Filing 20 NOTICE of Appearance by Mark Gyandoh on behalf of Deniece Pagans, Janet Sweet, Safi M. Riaz, Bessie M. McAdams, Keith O. Edwards, Peter H. Dargel (Gyandoh, Mark)
April 14, 2022 Opinion or Order Filing 19 ORDER CONSOLIDATING CASES; Civil Action No. 7:21-cv-549 and Civil Action No. 7:21-cv-619 are hereby CONSOLIDATED and MERGED. The parties are DIRECTED to file all future submissions ONLY under Civil Action No. 7:21-cv-549. Signed by Chief Judge Michael F. Urbanski on 04/14/2022. (sln)
April 11, 2022 Opinion or Order Filing 18 Consent Brief / Memorandum in Support re #17 Consent MOTION to Consolidate Cases . filed by Deniece Pagans, Janet Sweet. (Attachments: #1 Text of Proposed Order)(Houchens, Aaron)
April 11, 2022 Opinion or Order Filing 17 Consent MOTION to Consolidate Cases by Deniece Pagans, Janet Sweet. (Houchens, Aaron) Modified on 5/19/2022 - Motion termed by order at ECF 19 on 4/14/22 (mka).
March 31, 2022 Opinion or Order Filing 16 NOTICE of Appearance by Rene E Thorne on behalf of Advance Stores Company, Incorporated, The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan (Thorne, Rene)
March 31, 2022 Opinion or Order Filing 15 ORDER granting #9 MOTION to Appear Pro Hac Vice. Signed by Chief Judge Michael F. Urbanski on 03/31/2022. (sln)
March 21, 2022 Opinion or Order Filing 14 ORDER granting #13 MOTION for Reconsideration re #10 Order on Motion to Stay filed by Deniece Pagans, Janet Sweet. It is ORDERED that the Motion to Lift Stay is GRANTED, the stay is lifted, and this matter is now ACTIVE. Signed by Chief Judge Michael F. Urbanski on 03/21/2022. (sln)
March 14, 2022 Opinion or Order Filing 13 MOTION for Reconsideration re #10 Order on Motion to Stay by Deniece Pagans, Janet Sweet. (Attachments: #1 Exhibit Hughes Decision, #2 Text of Proposed Order)(Houchens, Aaron)
February 1, 2022 Opinion or Order Filing 12 NOTICE by Deniece Pagans, Janet Sweet Corrected Notice of Firm Name and Email Address Change (Fitzgerald, Andrew)
January 27, 2022 Opinion or Order Andrew L. Fitzgerald, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (sln)
January 26, 2022 Opinion or Order Filing 11 NOTICE by Deniece Pagans, Janet Sweet of Firm Name and Email Address change (Fitzgerald, Andrew)
December 9, 2021 Opinion or Order Filing 10 ORDER granting #7 Joint Motion to Stay Proceedings. Signed by Chief Judge Michael F. Urbanski on 12/9/2021. (sln)
December 8, 2021 Opinion or Order Filing 9 MOTION for Rene E. Thorne to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3846900. by Advance Stores Company, Incorporated, The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan. (Attachments: #1 Proposed Order)(Holden, Kevin)
December 8, 2021 Opinion or Order Filing 8 Positive Corporate Disclosure Statement by Advance Stores Company, Incorporated identifying Corporate Parent Advance Auto Parts, Inc., a Delaware corporation for Advance Stores Company, Incorporated. (Holden, Kevin)
December 7, 2021 Opinion or Order Filing 7 Joint MOTION to Stay And hold in Abeyance Pending a Decision by the U.S. Supreme Court in the Matter of Hughes v. Northwestern Univ., cert. granted, No. 19-1401, 2021 U.S. LEXIS 3583 (U.S. July 2, 2021) by Advance Stores Company, Incorporated, The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Granting Motion to Stay)(Holden, Kevin)
October 28, 2021 Opinion or Order Filing 6 WAIVER OF SERVICE Returned Executed by Deniece Pagans. The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan waiver sent on 10/27/2021, answer due 12/27/2021.(Fitzgerald, Andrew)
October 28, 2021 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by Deniece Pagans. Advance Stores Company, Incorporated waiver sent on 10/27/2021, answer due 12/27/2021.(Fitzgerald, Andrew)
October 21, 2021 Opinion or Order Filing 4 Negative Corporate Disclosure Statement by Janet Sweet (Houchens, Aaron)
October 21, 2021 Opinion or Order Filing 3 Negative Corporate Disclosure Statement by Deniece Pagans (Houchens, Aaron)
October 20, 2021 Opinion or Order Filing 2 Electronic Summons Issued as to Advance Stores Company, Incorporated, The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: #1 Electronic Summons Issued as to The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan)(aab)
October 20, 2021 Opinion or Order Filing 1 CLASS ACTION COMPLAINT against Advance Stores Company, Incorporated, The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan (Filing & Administrative fee $ 402., receipt# AVAWDC-3814733), filed by Janet Sweet, Deniece Pagans. (Attachments: #1 Civil Cover Sheet)(aab)

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Search for this case: Sweet et al v. Advance Stores Company, Incorporated et al
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Plaintiff: Deniece Pagans
Represented By: Aaron Balla Houchens
Represented By: Andrew L. Fitzgerald
Represented By: Donald Reavey
Represented By: Gabrielle Kelerchian
Represented By: Mark Gyandoh
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Plaintiff: Janet Sweet
Represented By: Aaron Balla Houchens
Represented By: Andrew L. Fitzgerald
Represented By: Donald Reavey
Represented By: Gabrielle Kelerchian
Represented By: Mark Gyandoh
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Plaintiff: Safi M. Riaz
Represented By: Aaron Balla Houchens
Represented By: Donald Reavey
Represented By: Gabrielle Kelerchian
Represented By: Mark Gyandoh
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Plaintiff: Bessie M. McAdams
Represented By: Aaron Balla Houchens
Represented By: Donald Reavey
Represented By: Gabrielle Kelerchian
Represented By: Mark Gyandoh
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Plaintiff: Keith O. Edwards
Represented By: Aaron Balla Houchens
Represented By: Donald Reavey
Represented By: Gabrielle Kelerchian
Represented By: Mark Gyandoh
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Plaintiff: Peter H. Dargel
Represented By: Aaron Balla Houchens
Represented By: Donald Reavey
Represented By: Gabrielle Kelerchian
Represented By: Mark Gyandoh
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Defendant: Advance Stores Company, Incorporated
Represented By: Kevin Daniel Holden
Represented By: Rene E Thorne
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Defendant: The Retirement Committee of Advance Auto Parts, Inc. 401(k) Plan
Represented By: Kevin Daniel Holden
Represented By: Rene E Thorne
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Defendant: The Board of Directors Of Advance Stores Company, Inc.
Represented By: Kevin Daniel Holden
Represented By: Rene E Thorne
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Defendant: John Does 1-30
Represented By: Kevin Daniel Holden
Represented By: Rene E Thorne
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