Munt et al v. WEC Energy Group Inc et al
| Jonathan Munt, Gloria J Harmon and Sandra M Wingers |
| WEC Energy Group, Inc., Board of Directors of WEC Energy Group, Inc., Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Board of Directors of WEC Energy Group Inc and Wisconsin Energy Investment Trust Policy Committee |
| 2:2022cv00555 |
| May 10, 2022 |
| US District Court for the Eastern District of Wisconsin |
| Nancy Joseph |
| J P Stadtmueller |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
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| Filing 63 DECLARATION of Sandra M. Wingers in Support of Certification of Investment Class (Secunda, Paul) |
| Filing 62 DECLARATION of Gloria J. Harmon in Support of Certification of Investment Class (Secunda, Paul) |
| Filing 61 DECLARATION of Jonathan Munt in Support of Certification of Investment Class (Secunda, Paul) |
| Filing 60 DECLARATION of Paul M. Secunda in Support of Certification of Investment Class (Secunda, Paul) |
| Filing 59 MOTION to Certify Class (Investment Class) by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Attachments: #1 Memorandum of Law)(Secunda, Paul) |
| Filing 58 DECLARATION of Paul M. Secunda in Opposition to Defendants' Combined Motion to Dismiss and for Summary Judgment (Attachments: #1 Exhibit A - Plaintiffs' Statement of Itemized Disputed Facts, #2 Exhibit B - Email Thread Between Attorneys on Disputed Facts (Redacted), #3 Exhibit B - Email Thread Between Attorneys on Disputed Facts (Restricted), #4 Exhibit 1 - Lauber Deposition Excerpts (Redacted), #5 Exhibit 1 - Lauber Deposition Excerpts (Restricted), #6 Exhibit 2 - Napoe Deposition Excerpts (Redacted), #7 Exhibit 2 - Napoe Deposition Excerpts (Restricted), #8 Exhibit 3 - Geist Deposition Excerpts (Redacted), #9 Exhibit 3 - Geist Deposition Excerpts (Restricted), #10 Exhibit 4 - Brannick Deposition Excerpts (Redacted), #11 Exhibit 4 - Brannick Deposition Excerpts (Restricted), #12 Exhibit 5 - Kaminski Deposition Excerpts (Redacted), #13 Exhibit 5 - Kaminski Deposition Excerpts (Restricted), #14 Exhibit 6 - Buetow Deposition Excerpts (Redacted), #15 Exhibit 6 - Buetow Deposition Excerpts (Restricted), #16 Exhibit 7 - Wermers Deposition Excerpts (Redacted), #17 Exhibit 7 - Wermers Deposition Excerpts (Restricted)), #18 Exhibit 8 - Geist Expert Report (Slipsheet), #19 Exhibit 8 - Geist Expert Report (Restricted), #20 Exhibit 9 - Fiduciary Decisions Report (SlipSheet), #21 Exhibit 9 - Fiduciary Decisions Report (Restricted), #22 Exhibit 10 - Fidelity 2016 WEC Fee Transparency (SlipSheet), #23 Exhibit 10 - Fidelity 2016 WEC Fee Transparency (Restricted), #24 Exhibit 11 - Fidelity 2019 WEC Fee Transparency (SlipSheet), #25 Exhibit 11 - Fidelity 2019 WEC Fee Transparency (Restricted), #26 Exhibit 12 - Fidelity March 2022 WEC Fee Transparency (SlipSheet), #27 Exhibit 12 - Fidelity March 2022 WEC Fee Transparency (Restricted), #28 Exhibit 13 - Fidelity Dec 2022 WEC Fee Transparency (SlipSheet), #29 Exhibit 13 - Fidelity Dec 2022 WEC Fee Transparency (Restricted), #30 Exhibit 14 - Deposition Exhibit 80 (SlipSheet), #31 Exhibit 14 - Deposition Exhibit 80 (Restricted), #32 Exhibit 15 - Deposition Exhibit 81 (SlipSheet), #33 Exhibit 15 - Deposition Exhibit 81 (Restricted), #34 Exhibit 16 - Buetow Expert Report (SlipSheet), #35 Exhibit 16 - Buetow Expert Report (Restricted))This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Secunda, Paul) |
| Filing 57 BRIEF in Opposition filed by Gloria J Harmon, Jonathan Munt, Sandra M Wingers re #50 MOTION to Dismiss MOTION for Summary Judgment (Defendants' Combined Motion to Dismiss and for Summary Judgment) (Redacted). (Attachments: #1 Memorandum of Law in Opposition to Defendants' Combined Motion to Dismiss and for Summary Judgment (Restricted))This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Secunda, Paul) |
| Filing 56 MOTION to Restrict Document (Plaintiffs' Motion to File Confidential Information and Documents as Restricted Documents) by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Secunda, Paul) |
| Filing 55 STIPULATION (Joint) on Certification of Recordkeeping Class by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Secunda, Paul) |
| Filing 54 BRIEF in Support filed by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee re #50 MOTION to Dismiss MOTION for Summary Judgment (Defendants' Combined Motion to Dismiss and for Summary Judgment) (Defendants' Memorandum in Support of Their Combined Motion to Dismiss and for Summary Judgment) (Redacted). (Attachments: #1 Defendants' Memorandum in Support of Their Combined Motion to Dismiss and for Summary Judgment (Restricted), #2 Exhibit A - 2016 Recordkeeping Agreement (Slipsheet), #3 Exhibit A - 2016 Recordkeeping Agreement (Restricted)), #4 Exhibit B - 408(b)(2) Disclosure (Slipsheet), #5 Exhibit B - 408(b)(2) Disclosure (Restricted))This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Troy, Megan) |
| Filing 53 Proposed Jury Instructions by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee. (Troy, Megan) |
| Filing 52 DECLARATION of Megan Troy Concerning Compliance with the Court's Pretrial Procedures Order (Attachments: #1 Exhibit A - Joint Statement of Facts (Redacted), #2 Exhibit A - Joint Statement of Facts (Restricted), #3 Exhibit B - Defendants' Statement of Facts (Redacted), #4 Exhibit B - Defendants' Statement of Facts (Restricted), #5 Exhibit C - Merged Cumulative Statements of Fact (Redacted), #6 Exhibit C - Merged Cumulative Statements of Fact (Restricted))This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Troy, Megan) |
| Filing 51 DECLARATION of Megan Troy in Support of Defendants' Motion for Summary Judgment (Attachments: #1 Exhibit 1 - Plan, #2 Exhibit 2 - 2016 Q4 408(b)(2) Disclosure (Slipsheet), #3 Exhibit 2 - 2016 Q4 408(b)(2) Disclosure (Restricted), #4 Exhibit 3 - 2017 Q4 408(b)(2) Disclosure (Slipsheet), #5 Exhibit 3 - 2017 Q4 408(b)(2) Disclosure (Restricted), #6 Exhibit 4 - 2018 Q4 408(b)(2) Disclosure (Slipsheet), #7 Exhibit 4 - 2018 Q4 408(b)(2) Disclosure (Restricted), #8 Exhibit 5 - 2019 Q4 408(b)(2) Disclosure (Slipsheet), #9 Exhibit 5 - 2019 Q4 408(b)(2) Disclosure (Restricted), #10 Exhibit 6 - 2020 Q4 408(b)(2) Disclosure (Slipsheet), #11 Exhibit 6 - 2020 Q4 408(b)(2) Disclosure (Restricted), #12 Exhibit 7 - 2021 Q4 408(b)(2) Disclosure (Slipsheet), #13 Exhibit 7 - 2021 Q4 408(b)(2) Disclosure (Restricted), #14 Exhibit 8 - ITPC Charter, #15 Exhibit 9 - Baird Contract 2016-2019 Amendments (Slipsheet), #16 Exhibit 9 - Baird Contract 2016-2019 Amendments (Restricted), #17 Exhibit 10 - May 12, 2016 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #18 Exhibit 10 - May 12, 2016 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #19 Exhibit 11 - August 10, 2016 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #20 Exhibit 11 - August 10, 2016 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #21 Exhibit 12 - December 15, 2016 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #22 Exhibit 12 - December 15, 2016 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #23 Exhibit 13 - February 21, 2017 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #24 Exhibit 13 - February 21, 2017 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #25 Exhibit 14 - May 25, 2017 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #26 Exhibit 14 - May 25, 2017 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #27 Exhibit 15 - August 22, 2017 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #28 Exhibit 15 - August 22, 2017 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #29 Exhibit 16 - November 29, 2017 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #30 Exhibit 16 - November 29, 2017 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #31 Exhibit 17 - February 26, 2018 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #32 Exhibit 17 - February 26, 2018 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #33 Exhibit 18 - May 31, 2018 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #34 Exhibit 18 - May 31, 2018 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #35 Exhibit 19 - August 28, 2018 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #36 Exhibit 19 - August 28, 2018 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #37 Exhibit 20 - November 26, 2018 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #38 Exhibit 20 - November 26, 2018 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #39 Exhibit 21 - March 7, 2019 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #40 Exhibit 21 - March 7, 2019 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #41 Exhibit 22 - May 10, 2019 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #42 Exhibit 22 - May 10, 2019 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #43 Exhibit 23 - August 14, 2019 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #44 Exhibit 23 - August 14, 2019 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #45 Exhibit 24 - November 20, 2019 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #46 Exhibit 24 - November 20, 2019 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #47 Exhibit 25 - February 19, 2020 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #48 Exhibit 25 - February 19, 2020 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #49 Exhibit 26 - May 27, 2020 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #50 Exhibit 26 - May 27, 2020 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #51 Exhibit 27 - August 11, 2020 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #52 Exhibit 27 - August 11, 2020 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #53 Exhibit 28 - November 5, 2020 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #54 Exhibit 28 - November 5, 2020 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #55 Exhibit 29 - February 11, 2021 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #56 Exhibit 29 - February 11, 2021 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #57 Exhibit 30 - May 24, 2021 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #58 Exhibit 30 - May 24, 2021 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #59 Exhibit 31 - August 31, 2021 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #60 Exhibit 31 - August 31, 2021 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #61 Exhibit 32 - November 19, 2021 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #62 Exhibit 32 - November 19, 2021 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #63 Exhibit 33 - February 15, 2022 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #64 Exhibit 33 - February 15, 2022 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #65 Exhibit 34 - May 23, 2022 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #66 Exhibit 34 - May 23, 2022 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #67 Exhibit 35 - August 25, 2022 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #68 Exhibit 35 - August 25, 2022 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #69 Exhibit 36 - November 11, 2022 ITPC Minutes and Excerpts from Meeting Materials (Slipsheet), #70 Exhibit 36 - November 11, 2022 ITPC Minutes and Excerpts from Meeting Materials (Restricted), #71 Exhibit 37 - Napoe Dep. Excerpts (Redacted), #72 Exhibit 37 - Napoe Dep. Excerpts (Restricted), #73 Exhibit 38 - Kaminski Dep. Excerpts (Redacted), #74 Exhibit 38 - Kaminski Dep. Excerpts (Restricted), #75 Exhibit 39 - Lauber Dep. Excerpts (Redacted), #76 Exhibit 39 - Lauber Dep. Excerpts (Restricted), #77 Exhibit 40 - Brannick Dep. Excerpts (Slipsheet), #78 Exhibit 40 - Brannick Dep. Excerpts (Restricted), #79 Exhibit 41 - 2019 Recordkeeping Agreement and Amendments (Slipsheet), #80 Exhibit 41 - 2019 Recordkeeping Agreement and Amendments (Restricted), #81 Exhibit 42 - 2015 Trust Agreement with Fidelity (Slipsheet), #82 Exhibit 42 - 2015 Trust Agreement with Fidelity (Restricted), #83 Exhibit 43 - April 21, 2016 Finance Committee Minutes and Excerpts from Meeting Materials (Slipsheet), #84 Exhibit 43 - April 21, 2016 Finance Committee Minutes and Excerpts from Meeting Materials (Restricted), #85 Exhibit 44 - April 20, 2017 Finance Committee Minutes and Excerpts from Meeting Materials (Slipsheet), #86 Exhibit 44 - April 20, 2017 Finance Committee Minutes and Excerpts from Meeting Materials (Restricted), #87 Exhibit 45 - April 19, 2018 Finance Committee Minutes and Excerpts from Meeting Materials (Slipsheet), #88 Exhibit 45 - April 19, 2018 Finance Committee Minutes and Excerpts from Meeting Materials (Restricted), #89 Exhibit 46 - April 18, 2019 Finance Committee Minutes and Excerpts from Meeting Materials (Slipsheet), #90 Exhibit 46 - April 18, 2019 Finance Committee Minutes and Excerpts from Meeting Materials (Restricted), #91 Exhibit 47 - April 16, 2020 Finance Committee Minutes and Excerpts from Meeting Materials (Slipsheet), #92 Exhibit 47 - April 16, 2020 Finance Committee Minutes and Excerpts from Meeting Materials (Restricted), #93 Exhibit 48 - April 15, 2021 Finance Committee Minutes and Excerpts from Meeting Materials (Slipsheet), #94 Exhibit 48 - April 15, 2021 Finance Committee Minutes and Excerpts from Meeting Materials (Restricted), #95 Exhibit 49 - April 21, 2022 Excerpts from Finance Committee Meeting Materials (Slipsheet), #96 Exhibit 49 - April 21, 2022 Excerpts from Finance Committee Meeting Materials (Restricted), #97 Exhibit 50 - June and July 2016 Email String regarding Recordkeeping Agreement (Slipsheet), #98 Exhibit 50 - June and July 2016 Email String regarding Recordkeeping Agreement (Restricted), #99 Exhibit 51 - July 28, 2016 Email regarding Recordkeeping Agreement with Attachments (Slipsheet), #100 Exhibit 51 - July 28, 2016 Email regarding Recordkeeping Agreement with Attachments (Restricted), #101 Exhibit 52 - August 8, 2016 Email to Fidelity regarding Recordkeeping Agreement with Attachments (Slipsheet), #102 Exhibit 52 - August 8, 2016 Email to Fidelity regarding Recordkeeping Agreement with Attachments (Restricted), #103 Exhibit 53 - August 10, 2016 Email entitled FW: Fidelity Service Provider Fee Schedule (Slipsheet), #104 Exhibit 53 - August 10, 2016 Email entitled FW: Fidelity Service Provider Fee Schedule (Restricted), #105 Exhibit 54 - August 24, 2016 Email regarding Recordkeeping Agreement (Slipsheet), #106 Exhibit 54 - August 24, 2016 Email regarding Recordkeeping Agreement (Restricted), #107 Exhibit 55 - September 15, 2017 Email entitled 2016 Fee Info (Slipsheet), #108 Exhibit 55 - September 15, 2017 Email entitled 2016 Fee Info (Restricted), #109 Exhibit 56 - 2018 RFI and Responses (Slipsheet), #110 Exhibit 56 - 2018 RFI and Responses (Restricted), #111 Exhibit 57 - April 7, 2021 Email regarding Board presentation with attachments (Slipsheet), #112 Exhibit 57 - April 7, 2021 Email regarding Board presentation with attachments (Restricted), #113 Exhibit 58 - December 14, 2021 Email entitled WEC Fee review with attachments (Slipsheet), #114 Exhibit 58 - December 14, 2021 Email entitled WEC Fee review with attachments (Restricted), #115 Exhibit 59 - 2012 IPS, #116 Exhibit 60 - 2019 IPS, #117 Exhibit 61 - June 17, 2016 Fiduciary Training Agenda, Attendee List, and Fidelity Presentations (Slipsheet), #118 Exhibit 61 - June 17, 2016 Fiduciary Training Agenda, Attendee List, and Fidelity Presentati |
| Filing 50 MOTION to Dismiss AND MOTION for Summary Judgment (Defendants' Combined Motion to Dismiss and for Summary Judgment) by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee. (Troy, Megan) |
| Filing 49 MOTION to Restrict Document (Defendants' Motion to File Confidential Information and Documents as Restricted Documents) by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee. (Troy, Megan) |
TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 3/30/2023. Upon consideration of #48 Plaintiffs' unopposed motion to continue the trial date, the motion is GRANTED as follows. The bench trial, originally scheduled to begin on 7/31/2023, is CANCELLED and will be rescheduled as necessary at the time of the Final Pretrial Conference on 7/25/2023. All other dates and deadlines addressed in #20 the Trial Scheduling Order will remain in place. (cc: all counsel) (cw)
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| Filing 48 Unopposed MOTION to Continue Trial Date by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Secunda, Paul) |
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 3/27/2023. Upon consideration of #36 Defendants' motion to compel Plaintiffs to respond to certain discovery requests, the motion is DENIED without prejudice. The motion seeks to compel Plaintiffs to produce information related to allegations in their Second Amended Complaint, which has now been superseded by the Third Amended Complaint, ECF No. 44-1. Although the relevant allegations, for purposes of the motion to compel, in the Third Amended Complaint indeed appear very similar to those in the Second Amended Complaint, it is not clear what Defendants now seek to compel related to those allegations. The Court will not grant a motion to compel based on its own speculation about what allegations in the Third Amended Complaint Defendants seek compel Plaintiffs to produce responsive discovery to. The Court will retain the briefing under advisement and, if Defendants believe Plaintiffs have not yet produced responsive information with respect to their allegations in the Third Amended Complaint, the Court will entertain a renewed motion to compel production thereof. (cc: all counsel) (cw)
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 3/17/2023. Upon consideration of #45 Plaintiffs' expedited motion for leave to file a Third Amended Complaint, together with #47 Defendants' opposition to the motion, the motion for leave to file a Third Amended Complaint is GRANTED. The Court finds that amendment is in the interest of justice. See Fed. R. Civ. P. 15(a)(2). Although, to be sure, Plaintiffs had ample opportunity to file a Third Amended Complaint much earlier in this case, Defendants will not be unduly prejudiced by the filing of such complaint because (1) the Third Amended Complaint largely deletes allegations rather than raising new allegations and (2) Defendants may still attack the sufficiency of the allegations and/or the evidence in support thereof via dispositive motion. Additionally, both #44 Plaintiffs' motion to restrict the unredacted version of the Third Amended Complaint and #46 Defendants' motion to restrict certain attachments to their opposition brief are GRANTED; the documents subject to those motions shall remain restricted until further notice by the Court. Consistent with the foregoing, the Third Amended Complaint filed in unredacted form at ECF No. 44-1 shall serve as the operative complaint in this matter, with the redacted version filed at ECF No. 45-1 serving as its publicly accessible counterpart. #43 Plaintiffs' first, erroneously filed motion is DENIED as moot. (cc: all counsel) (cw)
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| Filing 47 BRIEF in Opposition filed by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee re #45 MOTION for Leave to File Third Amended Complaint (Redacted Defendants' Opposition to Plaintiffs' Expedited Nondispositive Motion for Leave to File Third Amended Complaint). (Attachments: #1 Restricted Defendants' Opposition to Plaintiffs' Expedited Nondispositive Motion for Leave to File Third Amended Complaint, #2 Redacted Exhibit A - Redline of TAC against SAC, #3 Restricted Exhibit A - Redline of TAC against SAC, #4 Redacted Exhibit B - Email Correspondence regarding TAC, #5 Restricted Exhibit B - Email Correspondence regarding TAC, #6 Redacted Exhibit C - Placeholder for 2021 Q4 408b2 Disclosure, #7 Restricted Exhibit C - 2021 Q4 408b2 Disclosure, #8 Redacted Exhibit D - Placeholder for Excerpts from 2021 Q4 Fee Transparency Report, #9 Restricted Exhibit D - Excerpts from 2021 Q4 Fee Transparency Report, #10 Redacted Exhibit E - Placeholder for Excerpts from Deposition of Kevin Brannick, #11 Restricted Exhibit E - Excerpts from Deposition of Kevin Brannick)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Troy, Megan) |
| Filing 46 MOTION to Restrict Document (Defendants' Motion to File Confidential Information and Documents as Restricted Documents) by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee. (Troy, Megan) |
| Filing 45 MOTION for Leave to File Third Amended Complaint by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Attachments: #1 Exhibit A - Redacted Third Amended Complaint)(Secunda, Paul) |
| Filing 44 MOTION to Restrict Document (Third Amended Complaint) by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Attachments: #1 Exhibit A - Unredacted Third Amended Complaint)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Secunda, Paul) |
| NOTICE of Electronic Filing Error re #43 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Third Amended Complaint filed by Sandra M Wingers, Gloria J Harmon, Jonathan Munt ; Pursuant to General Local Rule 79, the Court will consider all documents to publicly filed unless a separate motion to seal or restrict is filed. You should file your motion to seal or restrict document immediately; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (bx) |
| Filing 43 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Third Amended Complaint by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Attachments: #1 Exhibit A - Third Amended Complaint)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Secunda, Paul) |
| Filing 42 REPLY BRIEF in Support filed by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee re #36 MOTION to Compel (Defendants' Motion to Compel Plaintiffs to Respond to Certain Written Discovery Requests and Comply with Fed. R. Civ. P. 26(a)(1)(A)) . (Troy, Megan) |
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Filing 41
ORDER signed by Judge J P Stadtmueller on 3/1/2023. #24 Defendants' Motion to Partially Dismiss Plaintiffs' Second Amended Complaint is DENIED without prejudice. #30 Plaintiffs' Motion for Leave to File Surreply is GRANTED; ECF No. 30-1 shall be the operative surreply. See Order. (cc: all counsel)(jm)
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| Filing 40 Interim Settlement Report from the Parties Jointly . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Secunda, Paul) |
| Filing 39 BRIEF in Opposition filed by Gloria J Harmon, Jonathan Munt, Sandra M Wingers re #36 MOTION to Compel (Defendants' Motion to Compel Plaintiffs to Respond to Certain Written Discovery Requests and Comply with Fed. R. Civ. P. 26(a)(1)(A)) . (Attachments: #1 Secunda Declaration, #2 Exhibit 1 - Plaintiffs' Supplemental Initial Disclosures)(Secunda, Paul) |
| Filing 38 DECLARATION of Megan Troy in Support of Defendants' Motion to Compel #36 (Attachments: #1 Exhibit 1 - Plaintiffs' Initial Disclosures, #2 Exhibit 2 - Defendants' Oct 13 2022 Letter, #3 Exhibit 3 - Plaintiffs' Oct 17 2022 Letter, #4 Exhibit 4 - Defendants' Oct 20 2022 Letter, #5 Exhibit 5 - Defendants' First Written Discovery Requests, #6 Exhibit 6 - Plaintiffs' Responses to Written Discovery Requests, #7 Exhibit 7 - Plaintiffs' Amended Responses to Written Discovery Requests, #8 Exhibit 8 - Named Plaintiff Deposition Transcript Excerpts, #9 Exhibit 9 - Defendants' Dec 30 2022 Letter, #10 Exhibit 10 - Plaintiffs' Second Amended Responses to Written Discovery Requests, #11 Exhibit 11 - Plaintiffs' Jan 12 2023 Letter)(Troy, Megan) |
| Filing 37 BRIEF in Support filed by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee re #36 MOTION to Compel (Defendants' Motion to Compel Plaintiffs to Respond to Certain Written Discovery Requests and Comply with Fed. R. Civ. P. 26(a)(1)(A)) . (Troy, Megan) |
| Filing 36 MOTION to Compel (Defendants' Motion to Compel Plaintiffs to Respond to Certain Written Discovery Requests and Comply with Fed. R. Civ. P. 26(a)(1)(A)) by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee. (Attachments: #1 Civil LR 37 Certification)(Troy, Megan) |
| Filing 35 RESPONSE to Motion filed by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee re #34 Rule 7(h) Expedited Non-Dispositive MOTION to Reset Class Action Briefing Schedule . (Troy, Megan) |
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 1/11/2023. Upon consideration of #34 Plaintiffs' expedited motion to reset the class certification briefing schedule, together with #35 Defendants' response, the motion is DENIED. (cc: all counsel) (cw)
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| Filing 34 Rule 7(h) Expedited Non-Dispositive MOTION to Reset Class Action Briefing Schedule by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Secunda, Paul) |
| Filing 33 NOTICE by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee of Supplemental Authority (Attachments: #1 Exhibit 1 - Guyes v. Nestle USA Inc.)(Troy, Megan) |
| Filing 32 NOTICE by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee of Supplemental Authority (Attachments: #1 Exhibit 1 - Nohara v. Prevea Clinic, Inc. et al., #2 Exhibit 2 - Glick v. ThedaCare Inc., et al., #3 Exhibit 3 - Laabs v. Faith Technologies, Inc. et al.)(Troy, Megan) |
| Filing 31 NOTICE by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee of Supplemental Authority (Attachments: #1 Exhibit 1 - Coyer v Univar Solutions Decision on Motion to Dismiss)(Troy, Megan) |
| Filing 30 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Surreply in Opposition to Defendants Partial Motion to Dismiss Second Amended Complaint by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Attachments: #1 Exhibit 1 - Surreply)(Secunda, Paul) |
| Filing 29 REPLY BRIEF in Support filed by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee re #24 MOTION to Dismiss (Defendants' Motion to Partially Dismiss Plaintiffs' Second Amended Complaint) . (Troy, Megan) |
| Filing 28 NOTICE of Appearance by Kirsten H Hendra on behalf of All Plaintiffs. Attorney(s) appearing: Kirsten H. Hendra (Hendra, Kirsten) |
| Filing 27 BRIEF in Opposition filed by Gloria J Harmon, Jonathan Munt, Sandra M Wingers re #24 MOTION to Dismiss (Defendants' Motion to Partially Dismiss Plaintiffs' Second Amended Complaint) . (Secunda, Paul) |
| Filing 26 ANSWER to #17 Amended Complaint, (Defendants' Answer and Affirmative and Additional Defenses to Plaintiffs' Second Amended Complaint) by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc.(Troy, Megan) |
| Filing 25 BRIEF in Support filed by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc re #24 MOTION to Dismiss (Defendants' Motion to Partially Dismiss Plaintiffs' Second Amended Complaint) . (Attachments: #1 Exhibit A - WEC Energy Group Employee Retirement Savings Plan Document, #2 Exhibit B - 2016 WEC Energy Group Employee Retirement Savings Plan Form 5500, #3 Exhibit C - Jan. 19, 2018 Order in Cunningham v Cornell Univ., No. 16-6525 (S.D.N.Y.), #4 Exhibit D - June 7, 2022 Complaint in Dayak v Reyes Holdings, LLC, No. 22-2974 (N.D. Ill.))(Troy, Megan) |
| Filing 24 MOTION to Dismiss (Defendants' Motion to Partially Dismiss Plaintiffs' Second Amended Complaint) by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc. (Troy, Megan) |
| Filing 23 STATEMENT OF FACT by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc (Narrative Statement of Agreed-Upon Facts Addressing Jurisdictional Issue and Agreed-Upon Proposed Jury Instructions). (Troy, Megan) |
| Filing 22 NOTICE of Appearance by Patrick J Murphy on behalf of All Defendants. Attorney(s) appearing: Patrick J. Murphy (Murphy, Patrick) |
| Filing 21 NOTICE of Appearance by Nathan J Oesch on behalf of All Defendants. Attorney(s) appearing: Nathan J. Oesch (Oesch, Nathan) |
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Filing 20
TRIAL SCHEDULING ORDER signed by Judge J.P. Stadtmueller on 7/19/2022. Interim Settlement Report due by 3/1/2023; Dispositive Motions due by 3/31/2023; Final Settlement Report due by 7/10/2023; Motions in Limine and Rule 702 Motions due by 7/14/2023; Final/Joint Pretrial Report due by 2:00 PM on 7/19/2023; Trial Brief due by 7/21/2023; Trial Brief Response due by 7/28/2023. Final Pretrial Conference set for 7/25/2023 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. Bench Trial set for 7/31/2023 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. See Order. (cc: all counsel) (cw)
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 7/18/22. Upon consideration of #18 parties' joint MOTION to extend time to respond to the Second Amended Complaint, the Court GRANTS the motion. All Defendants shall respond to the Second Amended Complaint by July 29, 2022. (cc: all counsel) (cw)
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| Filing 19 Joint REPORT of Rule 26(f) Plan by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Secunda, Paul) |
| Filing 18 Joint MOTION for Extension of Time to Set a July 29, 2022 Deadline for Defendants to Respond to The Second Amended Complaint by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Secunda, Paul) |
| Filing 17 SECOND AMENDED COMPLAINT against Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc, Wisconsin Energy Investment Trust Policy Committee filed by Gloria J Harmon, Jonathan Munt, Sandra M Wingers.(Secunda, Paul) Modified on 7/15/2022 (bx). |
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Filing 16
ORDER signed by Judge J P Stadtmueller on 07/07/2022: GRANTING #14 Motion for Protective Order and SPECIFYING the terms as modified for confidential information produced or disclosed during this matter. See Order. (Attachments: #1 Exhibit A - Acknowledgment) (cc: all counsel)(bx)
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Filing 15
ORDER signed by Judge J P Stadtmueller on 7/5/2022. IT IS ORDERED that Defendants' motion for extension of time, ECF No. #12 , be and the same is hereby PARTIALLY GRANTED; and IT IS FURTHER ORDERED that Defendants must file their response to the First Amended Complaint no later than July 19, 2022. (cc: all counsel)(rcm)
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| Filing 14 Joint MOTION for Protective Order and Confidentiality Agreement by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc. (Attachments: #1 Proposed Protective Order and Confidentiality Agreement)(Troy, Megan) |
| Filing 13 BRIEF in Opposition filed by Gloria J Harmon, Jonathan Munt, Sandra M Wingers re #12 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Amended Complaint . (Secunda, Paul) |
| Filing 12 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Amended Complaint by Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc. (Attachments: #1 Proposed Order)(Troy, Megan) |
| Filing 11 NOTICE of Appearance by Alex C Lakatos on behalf of Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc. Attorney(s) appearing: Alex Lakatos (Lakatos, Alex) |
| Filing 10 NOTICE of Appearance by Nancy G Ross on behalf of Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc. Attorney(s) appearing: Nancy G. Ross (Ross, Nancy) |
| Filing 9 NOTICE of Appearance by Megan E Troy on behalf of Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc. Attorney(s) appearing: Megan E. Troy, Nancy G. Ross, and Alex Lakatos (Troy, Megan) |
| Filing 8 AMENDED COMPLAINT against Board of Directors of WEC Energy Group Inc, Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group Inc filed by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Attachments: #1 Exhibit A - Hans Declaration)(Secunda, Paul) |
| Filing 7 WAIVER OF SERVICE Returned Executed by WEC Energy Group Inc - Waiver sent on 5/10/2022. (Secunda, Paul) |
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Filing 6
PRETRIAL ORDER signed by Judge J.P. Stadtmueller on 5/20/22. (cc: all counsel) (cl)
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| Filing 5 WAIVER OF SERVICE Returned Executed by Board of Directors of WEC Energy Group Inc - Waiver sent on 5/10/2022; Curt S Culver - Waiver sent on 5/10/2022; Danny L Cunningham - Waiver sent on 5/10/2022; William M Farrow, III - Waiver sent on 5/10/2022; Cristy Garcia-Thomas - Waiver sent on 5/10/2022; Maria C Green - Waiver sent on 5/10/2022; Gale E Klappa - Waiver sent on 5/10/2022; Thomas K Lane - Waiver sent on 5/10/2022; Scott J Lauber - Waiver sent on 5/10/2022; Ulice Payne, Jr - Waiver sent on 5/10/2022; Mary Ellen Stanek - Waiver sent on 5/10/2022; Glen E Tellock - Waiver sent on 5/10/2022. (Secunda, Paul) |
| Summons Issued as to All Defendants. (asc) |
| Case reassigned to Judge J P Stadtmueller. Magistrate Judge Nancy Joseph no longer assigned to the case. (asc) |
| Filing 4 Magistrate Judge Jurisdiction Form filed by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Secunda, Paul) |
| Filing 3 NOTICE of Appearance by Paul M Secunda on behalf of Gloria J Harmon, Jonathan Munt, Sandra M Wingers. Attorney(s) appearing: James A Walcheske, Scott S. Luzi, and Paul M. Secunda (Secunda, Paul) |
| Filing 2 DISCLOSURE Statement by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. (Secunda, Paul) |
| Filing 1 COMPLAINT against Board of Directors of WEC Energy Group, Inc., Curt S Culver, Danny L Cunningham, William M Farrow, III, Cristy Garcia-Thomas, Maria C Green, Gale E Klappa, Thomas K Lane, Scott J Lauber, Ulice Payne, Jr, Mary Ellen Stanek, Glen E Tellock, WEC Energy Group, Inc. by Gloria J Harmon, Jonathan Munt, Sandra M Wingers. ( Filing Fee PAID $402 receipt number AWIEDC-4111166) (Attachments: #1 Civil Cover Sheet, #2 Summons WEC Energy Group, #3 Summons Board of WEC Energy Group, #4 Summons Culver, #5 Summons Cunningham, #6 Summons Farrow, #7 Summons Garcia-Thomas, #8 Summons Green, #9 Summons Klappa, #10 Summons Lane, #11 Summons Lauber, #12 Summons Payne, #13 Summons Stanek, #14 Summons Tellock)(Secunda, Paul) |
| NOTICE Regarding assignment of this matter to Magistrate Judge Nancy Joseph; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. 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. (cmb) |
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