Kovach et al v. LHC Group, Inc. et al
| Glenda Kovach, Amy Adkins and LHC Group 401(k) Plan |
| LHC Group, Inc., LHC Group 401(k) Committee, Marcus Macip, Josh Proffitt, Chris Gill, Kimberly Seymour and Does 1 through 10 |
| 3:2023cv00051 |
| January 20, 2023 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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Filing 20
SUMMONS RETURNED EXECUTED for Josh Proffitt, re: #1 Complaint. Josh Proffitt served via U.S. Mail and via E-mail on Josh Proffitt's counsel Adam R. Carlisle, Lindsey H. Chopin, Stacey C. S. Cerrone of Jackson Lewis who indicated that they were authorized to accept service on behalf of Josh Proffitt on 3/3/2023, answer due 4/4/2023. (Starcher, Kenneth) (Modified on 3/8/2023 to add link to #1 complaint and to add the name of the persons served) (mkw).
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Filing 19
SUMMONS RETURNED EXECUTED for Kimberly Seymour, re: #1 Complaint. Kimberly Seymour served via U.S. Mail and via E-mail on Kimberly Seymour's counsel Adam R. Carlisle, Lindsey H. Chopin, Stacey C. S. Cerrone of Jackson Lewis who indicated that they were authorized to accept service on behalf of Kimberly Seymour on 3/3/2023, answer due 4/4/2023. (Starcher, Kenneth) (Modified on 3/8/2023 to add link to #1 complaint and to add the name of the persons served) (mkw).
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Filing 18
SUMMONS RETURNED EXECUTED for Marcus Macip, re: #1 Complaint. Marcus Macip served via U.S. Mail and via E-mail on Marcus Macip's counsel Adam R. Carlisle, Lindsey H. Chopin, Stacey C. S. Cerrone of Jackson Lewis who indicated that they were authorized to accept service on behalf of Marcus Macip on 3/3/2023, answer due 4/4/2023. (Starcher, Kenneth) (Modified on 3/8/2023 to add link to #1 complaint and to add the names of the persons served) (mkw).
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Filing 17
SUMMONS RETURNED EXECUTED for Chris Gill, re: #1 Complaint. Chris Gill served via U.S. Mail and via E-mail on Chris Gill's counsel Adam R. Carlisle, Lindsey H. Chopin, Stacey C. S. Cerrone of Jackson Lewis who indicated that they were authorized to accept service on behalf of Chris Gill on 3/3/2023, answer due 4/4/2023. (Starcher, Kenneth) (Modified on 3/8/3023 to add link to #1 complaint and to add the names of the persons served)
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Filing 16
ORDER granting Defendants' #13 MOTION to Set Aside Default Judgment; directing that the default be set aside as to LHC Group, Inc., and LHC Group 401(k) Committee. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record; any unrepresented parties) (cla)
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Filing 15
RETURN RECEIPT CARD received re: #11 Entry of Default by Clerk; delivered to LHC Group, 401(k) Committee on 3/3/2023. (jsa)
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Filing 14
RETURN RECEIPT CARD received re: #11 Entry of Default by Clerk; delivered to LHC Group, Inc. on 3/3/2023. (jsa)
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Filing 13
MOTION by Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour to Set Aside the #11 Default Judgment. (Iskra, Eric) (Modified on 3/3/2023 to add link to #11 entry of default) (mkw).
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Filing 12
JOINT STIPULATION TO EXTEND DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' CLASS ACTION COMPLAINT by LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour, Glenda Kovach, Amy Adkins, Chris Gill; the parties agreed to Extend Defendants' Deadline to Respond to Plaintiffs' #1 Class Action Complaint to 4/4/2023. (Iskra, Eric) (Modified on 3/3/2023 to add party filers) (mkw).
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RESET DEADLINE: Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt and Kimberly Seymour answer due 4/4/2023. (mkw)
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Filing 11
SET ASIDE PURSUANT TO THE #16 ORDER. ENTRY OF DEFAULT BY CLERK as to LHC Group 401(k) Committee, LHC Group, Inc. (Attachments: #1 certified mail receipt as to LHC Group, Inc., #2 certified mail receipt as to LHC Group, 401(k) Committee) (cc: counsel of record; defendant via certified mail) (jsa) (Modified on 3/6/2023 to note that the entry of default by clerk is set aside pursuant to the #16 order) (mkw).
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Filing 10
ORDER directing the Clerk to enter a default, pursuant to Fed. R. Civ. P. 55(a), against Defendants LHC Group, Inc. and LHC Group 401(K) Committee; further directing counsel for Plaintiffs to file the appropriate motions and affidavits, or to arrange for the necessary evidentiary hearing, to facilitate the entry of default judgment, pursuant to Fed. R. Civ. P. 55(b), within twenty days of the entry of this Order. Signed by Judge Robert C. Chambers on 3/1/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 9
AFFIDAVIT OF SERVICE by Personal Service for LHC Group 401(k) Committee. LHC Group 401(k) Committee served on 2/3/2023, answer due 2/24/2023. Summons served on Kayla Fisher. (Starcher, Kenneth) (Modified on 2/10/2023 to add the name of the person served and to correct the answer due date)
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Filing 8
AFFIDAVIT OF SERVICE by Personal Service for LHC Group, Inc. LHC Group, Inc. served on 2/3/2023, answer due 2/24/2023. Summons served on Kayla Fisher. (Starcher, Kenneth) (Modified on 2/10/2023 to add the name of the person served and to correct the answer due date) (mkw).
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RESET DEADLINES: LHC Group 401(k) Committee and LHC Group, Inc. answer due 2/24/2023. (mkw)
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Filing 7
STATEMENT OF VISITING ATTORNEY from Renee P. Ortega on behalf of LHC Group 401(k) Plan, Amy Adkins, Glenda Kovach. Local counsel: Kenneth R. Starcher. Fee $50.00. Receipt # AWVSDC-8349594. (Starcher, Kenneth)
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Filing 6
STATEMENT OF VISITING ATTORNEY from James A. Clark on behalf of LHC Group 401(k) Plan, Amy Adkins, Glenda Kovach. Local counsel: Kenneth R. Starcher. Fee $50.00. Receipt # AWVSDC-8349592. (Starcher, Kenneth)
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Filing 5
STATEMENT OF VISITING ATTORNEY from Robert N. Fisher on behalf of LHC Group 401(k) Plan, Amy Adkins, Glenda Kovach. Local counsel: Kenneth R. Starcher. Fee $50.00. Receipt # AWVSDC-8349590. (Starcher, Kenneth)
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Filing 4
STATEMENT OF VISITING ATTORNEY from Christina A. Humphrey on behalf of LHC Group 401(k) Plan, Amy Adkins, Glenda Kovach. Local counsel: Kenneth R. Starcher. Fee $50.00. Receipt # AWVSDC-8349588. (Starcher, Kenneth)
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CASE assigned to Judge Robert C. Chambers. (klc)
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Filing 3
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)
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Filing 2
ELECTRONIC SUMMONS ISSUED as to Chris Gill, LHC Group 401(k) Committee, LHC Group, Inc., Marcus Macip, Josh Proffitt, Kimberly Seymour, re: #1 Class Action Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 summons as to LHC Group 401(k) Committee, #2 summons as to Marcus Macip, #3 summons as to Josh Profitt, #4 summons as to Chris Gill, #5 summons as to Kimberly Seymour) (jsa)
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Filing 1
CLASS ACTION COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8348326. (Attachments: #1 Proposed Summons as to LHC Group, Inc., #2 Proposed Summons as to LHC Group 401(k) Committee, #3 Proposed Summons as to Marcus Macip, #4 Proposed Summons as to Josh Profitt, #5 Proposed Summons as to Chris Gill, #6 Proposed Summons as to Kimberly Seymour, #7 Civil Cover Sheet) (jsa)
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