Kimmel Carter Roman Peltz & O'Neill PA v. Costco Wholesale Corporation et al
Plaintiff: Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Kimmel Carter Roman Peltz & O'Neill PA and Ashli N Gerlach
Defendant: Costco Employee Benefits Program and Costco Wholesale Corporation
Case Number: 2:2019cv00741
Filed: May 16, 2019
Court: US District Court for the Western District of Washington
Presiding Judge: Thomas S Zilly
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 14, 2020 Opinion or Order Filing 58 MANDATE OF USCA (20-35192) as to #56 Notice of Appeal, filed by Kimmel Carter Roman Peltz & O'Neill PA. Pursuant to the stipulation of the parties (Docket Entry No. 7), this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal.(SG)
March 3, 2020 Opinion or Order Filing 57 TIME SCHEDULE ORDER ( #20-35192) as to #56 Notice of Appeal, filed by Kimmel Carter Roman Peltz & O'Neill PA. (GT)
February 28, 2020 Opinion or Order Filing 56 NOTICE OF APPEAL to Ninth Circuit (20-351920 re #34 Minute Order by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. $505, receipt number AWAWDC-6179866 (cc: USCA) (Spadaro, John) Modified on 2/28/2020 corrected relationship to the appropriate order (GT). Modified on 3/3/2020 to add CCA# (GT).
February 12, 2020 Opinion or Order Filing 55 JUDGMENT BY COURT: Defendants' Motion to Dismiss is GRANTED. This case is dismissed with prejudice. (MW)
February 11, 2020 Opinion or Order Filing 54 ORDER granting Defendants' #40 Motion to Dismiss for Failure to State a Claim; and striking as moot Plaintiff's #49 Motion for Relief from the Deadline for Seeking Class Certification. Signed by Judge Thomas S. Zilly. (TH)
December 12, 2019 Opinion or Order Filing 53 REPLY, filed by Plaintiffs Ashli N Gerlach, Kimmel Carter Roman Peltz & O'Neill PA, TO RESPONSE to #49 MOTION for Relief From the Deadline for Seeking Class Certification (Spadaro, John)
December 11, 2019 Opinion or Order Filing 52 RESPONSE, by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation, to #49 MOTION for Relief From the Deadline for Seeking Class Certification. (Monaco, Michael)
December 6, 2019 Opinion or Order Filing 51 REPLY, filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation, TO RESPONSE to #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit 1)(Monaco, Michael)
December 2, 2019 Opinion or Order Filing 50 RESPONSE, by Plaintiffs Ashli N Gerlach, Kimmel Carter Roman Peltz & O'Neill PA, to #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit A)(Spadaro, John)
November 20, 2019 Opinion or Order Filing 49 MOTION for Relief From the Deadline for Seeking Class Certification, filed by Plaintiffs Ashli N Gerlach, Kimmel Carter Roman Peltz & O'Neill PA. (Attachments: #1 Proposed Order [Proposed Order]) Noting Date 12/13/2019, (Spadaro, John)
November 15, 2019 Opinion or Order Filing 48 MINUTE ORDER. Plaintiffs' Motion to Transfer Venue, docket no. #39 , is DENIED. The Court has reviewed the relevant factors and determined that they do not support transfer in this case. Jones v. GNC Franchising, Inc., 211 F.3d 495, 498-99 (9th Cir. 2000). Plaintiffs' Motion to Stay Pending Resolution of Motion to Transfer Venue, docket no. #44 , is STRICKEN as moot. Defendants' Motion to Dismiss is RENOTED to December 6, 2019. Any response to Defendants' Motion to Dismiss, docket no. #40 , shall be filed on or before December 2, 2019, and any reply shall be filed by the new noting date. Authorized by Judge Thomas S. Zilly. (TH)
November 14, 2019 Opinion or Order Filing 47 REPLY, filed by Plaintiffs Ashli N Gerlach, Kimmel Carter Roman Peltz & O'Neill PA, TO RESPONSE to #44 MOTION to Stay Pending Resolution of Motion to Transfer Venue (Spadaro, John)
November 12, 2019 Opinion or Order Filing 46 RESPONSE, by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation, to #44 MOTION to Stay Pending Resolution of Motion to Transfer Venue. (Monaco, Michael)
November 1, 2019 Opinion or Order Filing 45 REPLY, filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation, TO RESPONSE to #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Monaco, Michael)
October 25, 2019 Opinion or Order Filing 44 MOTION to Stay Pending Resolution of Motion to Transfer Venue, filed by Plaintiffs Ashli N Gerlach, Kimmel Carter Roman Peltz & O'Neill PA. Noting Date 11/15/2019, (Spadaro, John)
October 25, 2019 Opinion or Order Filing 43 REPLY, filed by Plaintiffs Ashli N Gerlach, Kimmel Carter Roman Peltz & O'Neill PA, TO RESPONSE to #39 MOTION to Transfer Case MOTION TO TRANSFER VENUE (Attachments: #1 Exhibit A, #2 Exhibit B)(Spadaro, John)
October 21, 2019 Opinion or Order Filing 42 DECLARATION of Michael P. Monaco filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation re #39 MOTION to Transfer Case MOTION TO TRANSFER VENUE (Attachments: #1 Exhibit 1)(Monaco, Michael)
October 21, 2019 Opinion or Order Filing 41 RESPONSE, by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation, to #39 MOTION to Transfer Case MOTION TO TRANSFER VENUE. (Monaco, Michael)
October 10, 2019 Opinion or Order Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation. (Attachments: #1 Exhibit 1 - Plan Document, #2 Exhibit 2 - Reimbursement Agreement, #3 Exhibit 3 - State Ethics Opinions, #4 Proposed Order) Noting Date 11/1/2019, (Monaco, Michael)
September 30, 2019 Opinion or Order Filing 39 MOTION to Transfer Case MOTION TO TRANSFER VENUE, filed by Plaintiffs Ashli N Gerlach, Kimmel Carter Roman Peltz & O'Neill PA. (Attachments: #1 Exhibit A, #2 Proposed Order (Proposed) Order) Noting Date 10/25/2019, (Spadaro, John)
September 24, 2019 Opinion or Order Filing 38 NOTICE OF CONFIRMATION OF JOINDER re #34 Order on Motion for Miscellaneous Relief,,,, Order on Motion for Joinder,,,, Order on Motion to Remand,,,, Add and Terminate Parties,,, ; filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. (Spadaro, John)
September 24, 2019 Opinion or Order Filing 37 AMENDED COMPLAINT against defendant(s) Costco Employee Benefits Program, Costco Wholesale Corporation, filed by Kimmel Carter Roman Peltz & O'Neill PA.(Spadaro, John)
August 23, 2019 Opinion or Order Filing 36 NOTICE OF SERVICE REGARDING KIMMEL, CARTER, ROMAN, PELTZ & O'NEILL, P.A.'S FIRST SET OF INTERROGATORIES AND FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS ; filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. (Spadaro, John)
August 20, 2019 Opinion or Order Filing 35 MINUTE ORDER: BENCH TRIAL DATE (2 DAYS) is on 10/13/2020 at 9:00 AM. Discovery on class certification issues completed by 9/23/2019, Any motions related to class certification must be filed by 11/21/2019, Deadline for joining additional parties is 1/16/2020, Any motions for leave to amend pleadings filed by 1/16/2020, Disclosure of expert testimony under FRCP 26(a)(2) due by 2/4/2020, All motions related to discovery must be filed by 2/20/2020, All remaining discovery completed by 3/19/2020, All dispositive motions must be filed by 5/14/2020, All motions related to expert witnesses (e.g., Daubert motion) must be filed by 5/21/2020. All motions in limine must be filed by 8/27/2020, Agreed Pretrial Order due 9/25/2020, Trial briefs, proposed voir dire questions, and proposed jury instructions due 9/25/2020, Pretrial conference to be held at 1:30 p.m. on 10/2/2020. Authorized by Judge Thomas S. Zilly. (TH)
August 20, 2019 Opinion or Order Filing 34 MINUTE ORDER. Defendants' motion for joinder of necessary party, docket no. #12 , is GRANTED. Plaintiff's client, Ashli Gerlach, signed the Retirement Agreement, Exhibit A to the complaint in this action. As an employee of defendant Costco Wholesale Corporation and a participant in the Plan, Ms. Gerlach's rights may be affected if plaintiff succeeds in its claim for declaratory judgment in this action. Ashli Gerlach is a necessary party under Federal Rule 19(b). Because this action will be decided under ERISA, service of process on Ms. Gerlach may be effected anywhere in the United States. Plaintiff's motion to remand, docket no. #14 , is DENIED. The Court has jurisdiction under ERISA. Plaintiff's motion, docket no. #33 , to defer deadline for class certification motion is STRICKEN as moot. The Court will set a deadline for such motion when it issues a scheduling order in this matter. Authorized by Judge Thomas S. Zilly. (TH)
August 19, 2019 Opinion or Order Noting Date Set/Reset: At the direction of the Court, Plaintiff's motion, docket no. #33 , to defer deadline for class certification motion is RENOTED to 9/20/19. Defendants' response is DUE Monday, 9/16/19. Plaintiff's reply, if any, is due 9/20/19. (KD)
August 14, 2019 Opinion or Order Filing 33 MOTION TO DEFER DEADLINE FOR CLASS CERTIFICATION MOTION , filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. (Attachments: #1 Proposed Order Noting Date 8/23/2019, (Spadaro, John) Modified on 8/15/2019 to remove duplicate text (PM).
July 30, 2019 Opinion or Order Filing 32 NOTICE OF SERVICE REGARDING PLAINTIFF'S INITIAL DISCLOSURES ; filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. (Spadaro, John)
July 30, 2019 Opinion or Order Filing 31 JOINT STATUS REPORT signed by all parties estimated Trial Days: 2. Filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA.(Spadaro, John)
July 19, 2019 Opinion or Order Filing 30 REPLY BRIEF Plaintiff's Reply in Support of Motion to Remand re #14 MOTION to Remand , #25 Response to Motion by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. (Spadaro, John)
July 16, 2019 Opinion or Order Filing 29 ORDER granting revision to #4 Scheduling Order re parties' #28 Stipulated Motion: Initial Disclosure Deadline is 7/30/2019, Joint Status Report and Discovery Plan due by 7/30/2019. Signed by Judge Thomas S. Zilly. (SWT)
July 16, 2019 Opinion or Order Filing 28 Stipulated MOTION Concerning Revision to Scheduling Order (Dkt. 4), filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation. (Attachments: #1 Proposed Order) Noting Date 7/16/2019, (Monaco, Michael)
July 15, 2019 Opinion or Order Filing 27 DECLARATION of Jay Tihinen filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation re #14 MOTION to Remand (Attachments: #1 Exhibit 1)(Monaco, Michael)
July 15, 2019 Opinion or Order Filing 26 DECLARATION of Michelle Griggs filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation re #14 MOTION to Remand (Attachments: #1 Exhibit 1)(Monaco, Michael)
July 15, 2019 Opinion or Order Filing 25 RESPONSE, by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation, to #14 MOTION to Remand . (Monaco, Michael)
July 9, 2019 Opinion or Order Filing 24 REPLY, filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation, TO RESPONSE to #12 MOTION for Joinder of Necessary Party (Monaco, Michael)
July 2, 2019 Opinion or Order Filing 23 RESPONSE, by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA, to #12 MOTION for Joinder of Necessary Party. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spadaro, John)
June 25, 2019 Opinion or Order Filing 22 MINUTE ORDER denying Defendants' #15 Motion to Defer Defendants' Motion for Joinder. Pursuant to the Court's June 18, 2019, Order, docket no. #20 , Plaintiff's response to Defendants' Motion for Joinder, docket no. #12 , is due within five (5) business days of the date of this Order, and Defendants' reply, if any, is due within four (4) business days after the filing of Plaintiff's response. Authorized by Judge Thomas S. Zilly. (PM)
June 21, 2019 Opinion or Order Filing 21 REPLY, filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA, TO RESPONSE to #15 MOTION Plaintiff's Motion to Defer Defendants' Motion for Joinder of Necessary Party Pending Resolution of Motion to Remand (Attachments: #1 Exhibit A, #2 Exhibit B)(Spadaro, John)
June 18, 2019 Opinion or Order Filing 20 ORDER granting parties' #18 Stipulated Motion Concerning Briefing on Defendants' Motion for Joinder of Necessary Party. Plaintiff's response to Defendants' #12 Motion for Joinder shall be due five business days after the Court's ruling on Plaintiff's #15 Motion to Defer; and (2) Defendants' reply on the Motion for Joinder shall be due four business days after filing of Plaintiff's response. Signed by Judge Thomas S. Zilly. (SWT)
June 17, 2019 Opinion or Order Filing 19 RESPONSE, by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation, to #15 MOTION Plaintiff's Motion to Defer Defendants' Motion for Joinder of Necessary Party Pending Resolution of Motion to Remand . (Monaco, Michael)
June 17, 2019 Opinion or Order Filing 18 Stipulated MOTION Concerning Briefing on Defendants' Motion for Joinder of Necessary Party (Dkt.12), filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation. (Attachments: #1 Proposed Order) Noting Date 6/17/2019, (Monaco, Michael)
June 17, 2019 Opinion or Order Filing 17 NOTICE that the following is RE-NOTED: #12 MOTION for Joinder of Necessary Party. Filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation. Noting Date 6/28/2019, (Monaco, Michael)
June 14, 2019 Opinion or Order Filing 16 LETTER from John S. Spadaro, Esq. to The Honorable Thomas S. Zilly requesting a teleconference on a discrete scheduling issue filed by Kimmel Carter Roman Peltz & O'Neill PA (Spadaro, John)
June 13, 2019 Opinion or Order Filing 15 MOTION Plaintiff's Motion to Defer Defendants' #12 Motion for Joinder of Necessary Party Pending Resolution of #14 Motion to Remand , filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. (Attachments: #1 Proposed Order [Proposed Order]) Noting Date 6/21/2019, (Spadaro, John) Modified on 6/13/2019 to add document links to motions (PM).
June 13, 2019 Opinion or Order Filing 14 MOTION to Remand , filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order [Proposed] Order) Noting Date 7/19/2019, (Spadaro, John)
June 6, 2019 Opinion or Order Attorney Erick D Reitz for Costco Employee Benefits Program and Costco Wholesale Corporation added; per #11 Notice of Appearance. (SWT)
June 6, 2019 Opinion or Order Filing 13 DECLARATION of Rhiannon E. Lockwood filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation re #12 MOTION for Joinder of Necessary Party (Attachments: #1 Exhibit 1)(Monaco, Michael)
June 6, 2019 Opinion or Order Filing 12 MOTION for Joinder of Necessary Party, filed by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation. (Attachments: #1 Proposed Order) Noting Date 6/21/2019, (Monaco, Michael)
June 6, 2019 Opinion or Order Filing 11 NOTICE of Appearance by attorney Emily A McClory on behalf of Defendants Costco Employee Benefits Program, Costco Wholesale Corporation. (McClory, Emily)
May 28, 2019 Opinion or Order Filing 10 ORDER re #9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John S Spadaro for plaintiff Kimmel Carter Roman Peltz & O'Neill PA, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
May 24, 2019 Opinion or Order Filing 9 APPLICATION OF ATTORNEY John S. Spadaro FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Kimmel Carter Roman Peltz & O'Neill PA (Fee Paid) Receipt No. 0981-5781894 (Diamond, Maria)
May 23, 2019 Opinion or Order Filing 8 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Defendants Costco Employee Benefits Program, Costco Wholesale Corporation (Attachments: #1 Exhibit A)(Monaco, Michael)
May 23, 2019 Opinion or Order Filing 7 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Costco Employee Benefits Program, Costco Wholesale Corporation (Monaco, Michael)
May 23, 2019 Opinion or Order Filing 6 NOTICE of Service re #5 Corporate Disclosure Statement ; filed by Plaintiff Kimmel Carter Roman Peltz & O'Neill PA. (Diamond, Maria)
May 23, 2019 Opinion or Order Filing 5 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Kimmel Carter Roman Peltz & O'Neill PA (Diamond, Maria)
May 21, 2019 Opinion or Order Filing 4 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 7/22/2019, FRCP 26f Conference Deadline is 7/8/2019, Initial Disclosure Deadline is 7/22/2019, by Judge Thomas S. Zilly. (KD)
May 17, 2019 Opinion or Order Filing 3 NOTICE TO FILER: re #1 Notice of Removal,. Notice of Filing Deficiency** Action Required ** See Attached Letter for More Information and Instructions. (SNP)
May 17, 2019 Opinion or Order Filing 2 LETTER from Clerk to re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (SNP)
May 17, 2019 Opinion or Order NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) and Defendant(s) must file a Corporate Disclosure Statement by 5/24/2019. (SNP)
May 17, 2019 Opinion or Order Judge Thomas S. Zilly added. (SNP)
May 16, 2019 Opinion or Order Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 19-2-10456-2; (Receipt # 0981-5770966) Attorney Michael Paul Monaco added to party Costco Employee Benefits Program(pty:dft), Attorney Michael Paul Monaco added to party Costco Wholesale Corporation(pty:dft), filed by Costco Employee Benefits Program, Costco Wholesale Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Monaco, Michael) (Additional attachment(s) added on 5/17/2019: #3 Complaint) (SNP).

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Search for this case: Kimmel Carter Roman Peltz & O'Neill PA v. Costco Wholesale Corporation et al
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Defendant: Costco Employee Benefits Program
Represented By: Michael Paul Monaco
Represented By: Erick D Reitz
Represented By: Emily A McClory
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Defendant: Costco Wholesale Corporation
Represented By: Michael Paul Monaco
Represented By: Erick D Reitz
Represented By: Emily A McClory
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Plaintiff: Kimmel, Carter, Roman, Peltz & O'Neill, P.A.
Represented By: Maria Sophia Diamond
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Plaintiff: Kimmel Carter Roman Peltz & O'Neill PA
Represented By: Maria Sophia Diamond
Represented By: John S Spadaro
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Plaintiff: Ashli N Gerlach
Represented By: John S Spadaro
Represented By: Maria Sophia Diamond
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