Glick v. ThedaCare Inc, et al
| Joseph B Glick |
| ThedaCare Inc and The Board of Directors of ThedaCare Inc |
| 1:2020cv01236 |
| August 12, 2020 |
| US District Court for the Eastern District of Wisconsin |
| William C Griesbach |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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Filing 72
REPORT AND RECOMMENDATION signed by Magistrate Judge Stephen C Dries on 7/20/2023 RECOMMENDING that the Court GRANT in part and DENY in part #50 MOTION to Dismiss Plaintiff's Second Amended Complaint. Court recommends that Glick be allowed to proceed on his recordkeeping fees claims (Counts I and IV) but not his managed account service fees claims (Counts II and V) and his investment fees claims (Counts III and VI). Case no longer referred to Magistrate Judge Stephen C Dries. (cc: all counsel)(kah)
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Filing 71
NOTICE by All Defendants of Supplemental Authority (Attachments: #1 Ex. A - Mateya v. Cook Group)(Blumenfeld, Jeremy)
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Filing 70
NOTICE by Joseph B Glick of Supplemental Authority (Attachments: #1 Exhibit 1 - Tolomeo v. RR Donnelley)(Secunda, Paul)
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Filing 69
BRIEF in Support filed by The Board of Directors of ThedaCare Inc, ThedaCare Inc re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint (Supplemental Brief re Hughes v. Northwestern). (Blumenfeld, Jeremy)
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Filing 68
RESPONSE to Motion filed by Joseph B Glick re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint (Supplemental Briefing in Light of Hughes II). (Secunda, Paul)
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Filing 67
TEXT ONLY ORDER signed by Magistrate Judge Stephen C Dries on 4/24/23. The court GRANTS the defendants' motion for leave to submit simultaneous supplemental briefing, ECF No. #64 . The parties may have until May 8, 2023, to file a brief addressing Hughes v. Northwestern University, 63 F.4th 615 (7th Cir. 2023). Briefs should not exceed five pages. (cc: all counsel)(jh)
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Filing 66
NOTICE by All Defendants of Supplemental Authority (Attachments: #1 Ex. A - Krutchen v. Ricoh USA, Inc.)(Blumenfeld, Jeremy)
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Filing 65
BRIEF in Opposition filed by Joseph B Glick re #64 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Simultaneous Supplemental Briefing . (Secunda, Paul)
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Filing 64
Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Simultaneous Supplemental Briefing by All Defendants. (Blumenfeld, Jeremy)
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Filing 63
NOTICE by Joseph B Glick (Corrected) Notice of Supplementary Authority (Attachments: #1 Exhibit 1 - Hughes v. Northwestern II)(Secunda, Paul)
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Filing 62
NOTICE by Joseph B Glick of Supplemental Authority (Attachments: #1 Exhibit 1 - Hughes v. Northwestern II)(Secunda, Paul)
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Filing 61
NOTICE by The Board of Directors of ThedaCare Inc, ThedaCare Inc of Supplemental Authority (Attachments: #1 Ex. A - Sigetich v. Kroger, #2 Ex. B - Perkins v. United Surgical Partners)(Blumenfeld, Jeremy)
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Filing 60
NOTICE by Joseph B Glick of Supplemental Authorities (Attachments: #1 Exhibit 1 - Brown v. MITRE, #2 Exhibit 2. - Lucero v. CUNA)(Secunda, Paul)
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Filing 59
NOTICE by Joseph B Glick of Supplemental Authority (Attachments: #1 Exhibit 1 - Ruilova v. Yale-New Haven Hospital)(Secunda, Paul)
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Filing 58
REPLY BRIEF in Support filed by The Board of Directors of ThedaCare Inc, ThedaCare Inc re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint . (Blumenfeld, Jeremy)
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Filing 57
BRIEF in Opposition filed by Joseph B Glick re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint . (Attachments: #1 Exhibit 1 - Complete Copy of 2018 Form 5500 for Smithfield Foods)(Secunda, Paul)
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Filing 56
ORDER REFERRING CASE to Magistrate Judge Stephen C Dries to issue a report and recommendation concerning any dispositive and non-dispositive motions that are filed in accordance with 28 U.S.C. 636(b)(1), signed by Judge William C Griesbach on 2/7/2023. (cc: all counsel)(Griesbach, William)
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Filing 55
TEXT ONLY ORDER GRANTING #54 Joint Motion for Extension of the Briefing Schedule for #50 Motion to Dismiss, signed by Judge William C Griesbach on 01/17/2023. The response brief is due 2/17/2023 and Reply is due 3/3/2023. (cc: all counsel)(Griesbach, William)
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NOTICE of Electronic Filing Error re #52 #53 Attachments, filed by ThedaCare Inc, The Board of Directors of ThedaCare Inc. These documents should have been filed as attachments to the #51 Brief in support, not as separate documents. These documents DO NOT need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (lh)
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Filing 54
Joint MOTION for Extension of Time of Briefing Schedule by Joseph B Glick. (Attachments: #1 Text of Proposed Order)(Secunda, Paul)
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Filing 53
ATTACHMENTS Exhibits G - M by All Defendants re #51 Brief in Support of Motion. (Attachments: #1 Exhibit G - Under Armour Form 5500 Excerpts, #2 Exhibit H - Flowserve Form 5500 Excerpts, #3 Exhibit I - Bausch Health Form 5500 Excerpts, #4 Exhibit J - Childrens of Dallas Form 5500 Excerpts, #5 Exhibit K - Ralph Lauren Form 5500 Excerpts, #6 Exhibit L - Vibra Form 5500 Excerpts, #7 Exhibit M - VSP Form 5500 Excerpts)(Blumenfeld, Jeremy)
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Filing 52
ATTACHMENTS Exhibits A - F by All Defendants re #51 Brief in Support of Motion. (Attachments: #1 Ex A - ThedaCare Form 5500 Excerpts, #2 Ex B - Smithfield Foods Form 5500 Excerpts, #3 Ex C - Boston Consulting Group Form 5500 Excerpts, #4 Ex D - Republic National Form 5500 Excerpts, #5 Ex E - SoCal Permanente Form 5500 Excerpts, #6 Ex F - Michelin Form 5500 Excerpts)(Blumenfeld, Jeremy)
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Filing 51
BRIEF in Support filed by All Defendants re #50 MOTION to Dismiss Plaintiff's Second Amended Complaint . (Blumenfeld, Jeremy)
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Filing 50
MOTION to Dismiss Plaintiff's Second Amended Complaint by All Defendants. (Blumenfeld, Jeremy)
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Filing 49
ORDER signed by Judge William C Griesbach on 12/15/2022 GRANTING #48 Motion for Extension of Time. (cc: all counsel)(Griesbach, William)
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Filing 48
Joint MOTION for Extension of Time by The Board of Directors of ThedaCare Inc, ThedaCare Inc. (Attachments: #1 Text of Proposed Order)(Blumenfeld, Jeremy)
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Filing 47
AMENDED COMPLAINT (Second) against The Board of Directors of ThedaCare Inc, ThedaCare Inc filed by Joseph B Glick.(Secunda, Paul)
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Case no longer referred to Magistrate Judge Stephen C Dries. (kah)
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Filing 46
ORDER ADOPTING #44 REPORT AND RECOMMENDATIONS signed by Judge William C. Griesbach on 11/14/22. Defendants' #39 motion for partial reconsideration and #17 motion to dismiss are GRANTED. The dismissal is without prejudice and the plaintiff will be allowed 30 days from the date of this order to file a second amended complaint. If no amended complaint is filed within the time allowed, the case will be dismissed. (cc: all counsel)(Griesbach, William)
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Filing 45
LETTER from Paul M. Secunda re: Magistrate Judge's Recommendation. (Secunda, Paul)
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Filing 44
REPORT AND RECOMMENDATION re #39 MOTION for Partial Reconsideration signed by Magistrate Judge Stephen C Dries on 10/27/2022 RECOMMENDING that the court GRANT the defendants' motion for partial reconsideration, ECF No. #39 ; GRANT the defendants' motion to dismiss plaintiff 's amended complaint in its entirety, ECF No. #17 ; and GRANT the plaintiff leave to file a second amended complaint. (cc: all counsel)(kah)
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Filing 43
REPLY BRIEF in Support filed by The Board of Directors of ThedaCare Inc, ThedaCare Inc re #39 MOTION for Reconsideration [Partial] of the Court's Order Granting in Part and Denying in Part Defendants' Motion to Dismiss in Light of the Seventh Circuit's New Controlling Decision in Albert v. OshKosh Corporation . (Blumenfeld, Jeremy)
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Filing 42
ORDER REFERRING CASE to Magistrate Judge Stephen C Dries to issue a report and recommendation concerning any dispositive and non-dispositive motions that are filed in accordance with 28 U.S.C. 636(b)(1). (cc: all counsel)(Griesbach, William)
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Filing 41
BRIEF in Opposition filed by Joseph B Glick re #39 MOTION for Reconsideration [Partial] of the Court's Order Granting in Part and Denying in Part Defendants' Motion to Dismiss in Light of the Seventh Circuit's New Controlling Decision in Albert v. OshKosh Corporation . (Secunda, Paul)
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Filing 40
BRIEF in Support filed by The Board of Directors of ThedaCare Inc, ThedaCare Inc re #39 MOTION for Reconsideration [Partial] of the Court's Order Granting in Part and Denying in Part Defendants' Motion to Dismiss in Light of the Seventh Circuit's New Controlling Decision in Albert v. OshKosh Corporation . (Attachments: #1 Text of Proposed Order)(Blumenfeld, Jeremy)
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Filing 39
MOTION for Reconsideration [Partial] of the Court's Order Granting in Part and Denying in Part Defendants' Motion to Dismiss in Light of the Seventh Circuit's New Controlling Decision in Albert v. OshKosh Corporation by The Board of Directors of ThedaCare Inc, ThedaCare Inc. (Blumenfeld, Jeremy)
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Filing 38
ORDER granting #37 Joint MOTION to Adjourn Rule 16 Conference and Postpone Case Management Schedule Pending Reconsideration signed by Judge William C Griesbach on 9/21/2022. (cc: all counsel)(Griesbach, William)
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Filing 37
Joint MOTION to Adjourn Rule 16 Conference and Postpone Case Management Schedule Pending Reconsideration by The Board of Directors of ThedaCare Inc, ThedaCare Inc. (Attachments: #1 Text of Proposed Order)(Blumenfeld, Jeremy)
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Filing 36
TEXT ONLY ORDER GRANTING #35 Unopposed Motion to Temporarily Hold Defendants' Answer Deadline in Abeyance, signed by Judge William C Griesbach on 09/06/2022. The Court will address scheduling at the upcoming Rule 16 conference. (cc: all counsel)(Griesbach, William)
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Filing 35
Unopposed MOTION to Temporarily Hold Defendants' Answer Deadline in Abeyance by The Board of Directors of ThedaCare Inc, ThedaCare Inc. (Attachments: #1 Text of Proposed Order)(Blumenfeld, Jeremy)
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Filing 34
NOTICE of Hearing: Rule 16 Telephone Scheduling Conference set for 9/30/2022 at 09:50 AM before Judge William C Griesbach. The Court will initiate the call. Counsel are to provide the telephone number at which they can be reached (direct dial preferred) at least two days prior to the telephone conference. In the event counsel are unavailable at the scheduled time of the telephone conference, the conference may be rescheduled and counsel may be required to appear in person. Please provide your telephone number to the Office of the Clerk at wied_clerks_gb@wied.uscourts.gov. (cc: all counsel) (mac)
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Filing 33
DECISION AND ORDER GRANTING-IN-PART AND DENYING-IN-PART #17 Defendants' Motion to Dismiss Plaintiff's Amended Complaint, signed by Judge William C Griesbach on 08/25/2022. The motion is granted with respect to Plaintiff's breach of fiduciary duty claim regarding Defendants' failure to properly disclose revenue sharing information to participants and breach of the duty of loyalty claims, and those claims are dismissed. The motion is denied in all other respects. The Clerk is directed to set the matter on the Courts calendar for a Rule 16 telephonic scheduling conference. (cc: all counsel)(Griesbach, William)
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Filing 32
NOTICE by All Defendants of Supplemental Authority (Attachments: #1 Ex. 1 - Smith v. CommonSpirit Health)(Blumenfeld, Jeremy)
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Filing 31
ORDER signed by Judge William C Griesbach on 6/17/2022 denying #23 Motion to Strike Plaintiff's "Notice of Supplemental Authority" Containing Authority. (cc: all counsel)(Griesbach, William)
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Filing 30
NOTICE of Appearance by James A Walcheske on behalf of Joseph B Glick. Attorney(s) appearing: James A. Walcheske (Walcheske, James)
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Filing 29
SUPPLEMENTAL BRIEF in Support filed by All Defendants re #17 MOTION to Dismiss Plaintiff's Amended Complaint. (Blumenfeld, Jeremy) Modified on 2/8/2022 (tlf).
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Filing 28
SUPPLEMENTAL BRIEF in Opposition filed by Joseph B Glick re #17 MOTION to Dismiss Plaintiff's Amended Complaint in Light of U.S. Supreme Court's Decision in Hughes v. Nw. Univ. (Secunda, Paul) Modified on 2/7/2022 (tlf).
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Filing 27
ORDER LIFTING STAY signed by Judge William C Griesbach on 1/24/2022. Case reopened. The parties are invited to submit simultaneous supplemental briefs in light of the Supreme Court's decision in Hughes v. Northwestern University, No. 19-1401 (S. Ct.) within 14 days of the date of this order. (cc: all counsel)(Griesbach, William)
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Filing 26
ORDER STAYING CASE signed by Judge William C Griesbach on 9/30/2021. Case administratively closed. (cc: all counsel)(Griesbach, William)
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Filing 25
NOTICE by Joseph B Glick of Supplemental Authority (Attachments: #1 Exhibit 1 - McGowan v. Barnabas Health, Inc., #2 Exhibit 2 - In re Biogen, Inc. ERISA Litigation)(Secunda, Paul)
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Filing 24
NOTICE by The Board of Directors of ThedaCare Inc, ThedaCare Inc of Supplemental Authority (Attachments: #1 Ex. 1 - Lange v. Infinity Healthcare Physicians, S.C., et al.)(McMahan, Sean)
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Filing 23
Rule 7(h) Expedited Non-Dispositive MOTION to Strike Plaintiff's "Notice of Supplemental Authority" Containing Authority by The Board of Directors of ThedaCare Inc, ThedaCare Inc. (Blumenfeld, Jeremy)
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Filing 22
NOTICE by Joseph B Glick Notice of Supplemental Authority (Attachments: #1 Exhibit A - Miller v. Astellas US LLC)(Secunda, Paul)
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NOTICE of Electronic Filing Error to All Counsel. All attachments to documents should include a brief description of the attachment: Ex A - Initial Contract, Ex B - Doe Deposition, Ex C - 2006 Sales Figures, etc. See Preferred Procedures and General Information for Litigants Appearing Before Judge William C. Griesbach, United States District Court Eastern District of Wisconsin, available at https://www.wied.uscourts.gov/judges/william-c-griesbach and the user manual found at www.wied.uscourts.gov (tlf)
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Filing 21
REPLY BRIEF in Support filed by The Board of Directors of ThedaCare Inc, ThedaCare Inc re #17 MOTION to Dismiss Plaintiff's Amended Complaint . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Blumenfeld, Jeremy)
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Filing 20
DECLARATION of Paul M. Secunda (Unreported Cases) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Secunda, Paul)
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Filing 19
BRIEF in Opposition filed by Joseph B Glick re #17 MOTION to Dismiss Plaintiff's Amended Complaint . (Secunda, Paul)
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NOTICE of Electronic Filing Error re #18 Brief and #17 MOTION to Dismiss. All documents should contain the s/signature of the attorney who files the document. These documents were signed by Jeremy P Blumenfeld but filed by Sean K McMahan. These documents do not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (tlf)
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Filing 18
BRIEF in Support filed by All Defendants re #17 MOTION to Dismiss Plaintiff's Amended Complaint . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(McMahan, Sean)
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Filing 17
MOTION to Dismiss Plaintiff's Amended Complaint by All Defendants. (McMahan, Sean)
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Filing 16
TEXT ONLY ORDER APPROVING #15 Stipulation filed by ThedaCare Inc, and The Board of Directors of ThedaCare Inc., Terminating as Moot #8 Motion to Dismiss, signed by Judge William C Griesbach on 11/09/2020. Defendant's time to answer or otherwise respond to Plaintiff's Amended Complaint is extended to December 4, 2020. If a motion to dismiss is filed, the time to file a response shall be January 4, 2021. And, if necessary, any reply would be due January 22, 2021. (cc: all counsel)(Griesbach, William)
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Filing 15
STIPULATION for Proposed Briefing Schedule on Defendants' Motion to Dismiss the Amended Complaint by The Board of Directors of ThedaCare Inc, ThedaCare Inc. (Attachments: #1 Text of Proposed Order)(Blumenfeld, Jeremy)
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Filing 14
AMENDED COMPLAINT against The Board of Directors of ThedaCare Inc, ThedaCare Inc filed by Joseph B Glick.(Secunda, Paul)
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Filing 13
Magistrate Judge Jurisdiction Form filed by All Defendants. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (McMahan, Sean)
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Filing 12
NOTICE of Appearance by Sean K McMahan on behalf of All Defendants. Attorney(s) appearing: Sean K. McMahan (McMahan, Sean)
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Filing 11
NOTICE of Appearance by Todd G Smith on behalf of All Defendants. Attorney(s) appearing: Todd G. Smith (Smith, Todd)
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Filing 10
DISCLOSURE Statement by The Board of Directors of ThedaCare Inc, ThedaCare Inc. (Blumenfeld, Jeremy)
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Filing 9
BRIEF in Support filed by The Board of Directors of ThedaCare Inc, ThedaCare Inc re #8 MOTION to Dismiss Plaintiff's Complaint . (Attachments: #1 Exhibit A - 2016 403(b) Savings Plan, #2 Exhibit B - 2017 403(b) Savings Plan, #3 Exhibit C - 2018 403(b) Savings Plan, #4 Exhibit D - 2019 403(b) Savings Plan, #5 Exhibit E - 2020 403(b) Savings Plan, #6 Exhibit F - 2017 Form 5500, #7 Exhibit G - 2018 Form 5500, #8 Exhibit H - Summary Prospectus, #9 Exhibit I - Summary Prospectus)(Blumenfeld, Jeremy)
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Filing 8
MOTION to Dismiss Plaintiff's Complaint by The Board of Directors of ThedaCare Inc, ThedaCare Inc. (Blumenfeld, Jeremy)
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Filing 7
WAIVER OF SERVICE Returned Executed by The Board of Directors of ThedaCare Inc - Waiver sent on 8/13/2020. (Secunda, Paul)
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Filing 6
WAIVER OF SERVICE Returned Executed by ThedaCare Inc - Waiver sent on 8/13/2020. (Secunda, Paul)
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Filing 5
NOTICE of Appearance by Scott S Luzi on behalf of Joseph B Glick. Attorney(s) appearing: Scott S. Luzi (Luzi, Scott)
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Summons Issued as to The Board of Directors of ThedaCare Inc, ThedaCare Inc. (tlf)
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Filing 4
Magistrate Judge Jurisdiction Form filed by Joseph B Glick. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Secunda, Paul)
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Filing 3
NOTICE of Appearance by Paul M Secunda on behalf of Joseph B Glick. Attorney(s) appearing: Paul M Secunda (Secunda, Paul)
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Filing 2
DISCLOSURE Statement by Joseph B Glick. (Secunda, Paul)
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Filing 1
COMPLAINT against The Board of Directors of ThedaCare, Inc., ThedaCare, Inc. by Joseph B Glick. ( Filing Fee PAID $400 receipt number AWIEDC-3537935) (Attachments: #1 Civil Cover Sheet, #2 Summons ThedaCare, Inc., #3 Summons The Board of Directors of ThedaCare, Inc.)(Secunda, Paul)
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NOTICE Regarding assignment of this matter to Judge William C Griesbach ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl)
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