Docket Entries Since Last Update
NOTE: This court's RSS feed does not list MOTION entries, so Bloomberg Law cannot detect them and thus they will not be listed here. However, motions will be included if you update the docket.
Court Dockets
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:18-cv-12122-WGY
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:18-cv-12122-WGY
Moitoso et al v. FMR LLC et al
DOCKET INFORMATION
Minimize
| ||
| ||
| ||
| ||
| ||
| ||
| ||
|
Expand All Minimize
Plaintiff |
Kevin Moitoso individually and as representatives of a class of similarly situated persons, and
on behalf of the Fidelity Retirement Savings PlanPlaintiff
|
| |
Representation | |||
Brock J. Specht Nicholas Kaster, PLLP 4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 256-3200 bspecht@nka.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Carl F. Engstrom Nicholas Kaster PLLP 4700 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 256-3233 cengstrom@nka.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Grace I. Chanin Nichols Kaster PLLP 4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 256-3200 gchanin@nka.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | |
Jacob T. Schutz Nicholas Kaster, PLLP 4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 256-3288 jschutz@nka.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | James H. Kaster Nichols Kaster, PLLP 4600 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 256-3200 kaster@nka.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Kai H. Richter Nichols Kaster PLLP 4700 IDS Center 80 South Eight Street Minneapolis, MN 55402 (612) 256-3200 Fax: (612) 215-6870 krichter@nka.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | |
Mark E. Thomson Nichols Kaster, PLLP 4700 IDS Center 80 South Eighth Street Minneapolis, MN 55402 (612) 256-3200 mthomson@nka.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Paul J. Lukas Nichols Kaster & Anderson LLP 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402 (612) 256-3200 Fax: (612) 215-6870 lukas@nka.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Jacob A. Walker Block & Leviton LLP 260 Franklin Street, Suite 1860 Boston, MA 02110 (617) 398-5600 jake@blockleviton.com ATTORNEY TO BE NOTICED | |
Jason M. Leviton Block & Leviton LLP 260 Franklin Street, Suite 1860 Boston, MA 02110 (617) 398-5600 Fax: (617) 507-6020 jason@blockesq.com PRO HAC VICE ATTORNEY TO BE NOTICED |
Defendant |
FMR LLC
Defendant
|
| |
Representation | |||
Christina L. Hennecken Goodwin Procter LLP 1900 N Street NW Washington, DC 20036 (202) 346-4000 chennecken@goodwinlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Michael K. Isenman Goodwin Procter LLP 1900 N Street NW Washington, DC 20036 (202) 346-4229 misenman@goodwinlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | William M. Jay Goodwin Procter LLP 1900 N Stree N.W. Washington, DC 20036 (202) 346-4190 wjay@goodwinlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | |
Alison V. Douglass Goodwin Procter, LLP 100 Northern Avenue Boston, MA 02210 (617) 570-1676 Fax: (617) 523-1231 adouglass@goodwinprocter.com ATTORNEY TO BE NOTICED | Benjamin S. Reilly Goodwin Procter LLP 100 Northern Avenue Boston, MA 02210 (617) 570-1000 breilly@goodwinlaw.com ATTORNEY TO BE NOTICED | David Rosenberg Goodwin Procter LLP 100 Northern Avenue Boston, MA 02210 (617) 570-1000 drosenberg@goodwinprocter.com ATTORNEY TO BE NOTICED | |
John J. Falvey , Jr. Goodwin Procter LLP 100 Northern Avenue Boston, MA 02210 (617) 570-1000 Fax: (617) 523-1231 jfalvey@goodwinprocter.com ATTORNEY TO BE NOTICED | Paul E. Nemser Goodwin Procter, LLP 100 Northern Avenue Boston, MA 02210 (617) 570-1388 Fax: (617) 523-1231 pnemser@goodwinprocter.com ATTORNEY TO BE NOTICED | Yvonne W. Chan Goodwin Procter, LLP 100 Northern Avenue Boston, MA 02210 (617) 570-1000 Fax: (617) 523-1231 ychan@goodwinprocter.com ATTORNEY TO BE NOTICED |
Defendant |
John and Jane Does 1-20
Defendant
|
| |
Representation | |||
Yvonne W. Chan (See above for address) ATTORNEY TO BE NOTICED |
Mediator |
Judge M. Page Kelley
Mediator
|
Numbers shown are court assigned numbers.
Entry | Filed | Description | |
---|---|---|---|
1 | Oct 10, 2018 | View | COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7358887 (Fee Status: Filing Fee paid), filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Category Form)(Leviton, Jason) (Attachment 1 replaced on 10/10/2018) (Jones, Sherry). (Attachment 2 replaced on 10/10/2018) (Jones, Sherry). (Entered: 10/10/2018) |
2 | Oct 10, 2018 | Request | ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 10/10/2018) |
3 | Oct 10, 2018 | Request | Summons Issued as to FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, John and Jane Does 1-20. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 10/10/2018) |
4 | Oct 10, 2018 | Request | NOTICE of Appearance by Jacob A. Walker on behalf of Tim Lewis, Kevin Moitoso, Mary Lee Torline (Walker, Jacob) (Entered: 10/10/2018) |
5 | Oct 16, 2018 | Request | SUMMONS Returned Executed FMR LLC Retirement Committee served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) (Entered: 10/16/2018) |
6 | Oct 16, 2018 | Request | SUMMONS Returned Executed Fidelity Investments Institutional Operations Company, Inc. served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) (Entered: 10/16/2018) |
7 | Oct 16, 2018 | Request | SUMMONS Returned Executed FMR LLC served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) (Entered: 10/16/2018) |
8 | Oct 16, 2018 | Request | SUMMONS Returned Executed Fidelity Management & Research Company served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) (Entered: 10/16/2018) |
9 | Oct 16, 2018 | Request | SUMMONS Returned Executed FMR Co., Inc. served on 10/16/2018, answer due 11/6/2018. (Leviton, Jason) (Entered: 10/16/2018) |
10 | Oct 19, 2018 | View | DEMAND for Trial by Jury by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Walker, Jacob) (Entered: 10/19/2018) |
11 | Oct 19, 2018 | Request | NOTICE of Appearance by John J. Falvey, Jr on behalf of FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company (Falvey, John) (Entered: 10/19/2018) |
12 | Oct 19, 2018 | Request | NOTICE of Appearance by Alison V. Douglass on behalf of FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company (Douglass, Alison) (Entered: 10/19/2018) |
13 | Oct 19, 2018 | Request | CORPORATE DISCLOSURE STATEMENT by FMR Co., Inc., FMR LLC, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company identifying Corporate Parent FMR LLC for FMR Co., Inc., Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.. (Douglass, Alison) (Entered: 10/19/2018) |
14 | Oct 19, 2018 | View | Defendants' ANSWER to 1 Complaint, by FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) (Entered: 10/19/2018) |
15 | Oct 22, 2018 | Request | NOTICE of Scheduling Conference. Scheduling Conference set for 11/6/2018 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 10/22/2018) |
16 | Oct 23, 2018 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Carl E. Engstrom Filing fee: $ 100, receipt number 0101-7377080 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Certification of Carl E. Engstrom ISO motion for leave to appear pro hac vice)(Leviton, Jason) (Entered: 10/23/2018) |
17 | Oct 23, 2018 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Kai H. Richter Filing fee: $ 100, receipt number 0101-7377134 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Certification of Kai H. Richter ISO Motion for Leave to Appear PHV)(Leviton, Jason) (Entered: 10/23/2018) |
18 | Oct 23, 2018 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Mark E. Thomson Filing fee: $ 100, receipt number 0101-7377147 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Certification of Mark E. Thomson ISO of Motion to Appear PHV)(Leviton, Jason) (Entered: 10/23/2018) |
19 | Oct 23, 2018 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Paul J. Lukas Filing fee: $ 100, receipt number 0101-7377162 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Certification of Paul J. Lukas ISO Motion for Leave to Appear PHV)(Leviton, Jason) (Entered: 10/23/2018) |
20 | Oct 25, 2018 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 16 Motion for Leave to Appear Pro Hac Vice; granting 17 Motion for Leave to Appear Pro Hac Vice; granting 18 Motion for Leave to Appear Pro Hac Vice; granting 19 Motion for Leave to Appear Pro Hac Vice. Added Carl E. Engstrom, Kai H. Richter, Mark E. Thomson, Paul J. Lukas. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 10/25/2018) |
21 | Oct 30, 2018 | View | JOINT STATEMENT re scheduling conference and Proposed Agenda. (Falvey, John) (Entered: 10/30/2018) |
22 | Oct 31, 2018 | Request | Judge William G. Young: ORDER entered re 21 JOINT STATEMENT is so ordered as the case management scheduling order. DISCOVERY DUE August 9, 2019 and DISPOSITIVE MOTIONS DUE September 6, 2019. (Paine, Matthew) (Entered: 10/31/2018) |
23 | Nov 2, 2018 | Request | CERTIFICATION pursuant to Local Rule 16.1 by Defendants. (Douglass, Alison) (Entered: 11/02/2018) |
24 | Nov 2, 2018 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Brock J. Specht Filing fee: $ 100, receipt number 0101-7394441 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Certification for Pro Hac Vice)(Leviton, Jason) (Entered: 11/02/2018) |
25 | Nov 2, 2018 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Jacob T. Schutz Filing fee: $ 100, receipt number 0101-7394456 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Certification for Pro Hac Vice)(Leviton, Jason) (Entered: 11/02/2018) |
26 | Nov 2, 2018 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 24 Motion for Leave to Appear Pro Hac Vice; granting 25 Motion for Leave to Appear Pro Hac Vice. Added Brock J. Specht and Jacob T. Schutz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 11/02/2018) |
27 | Nov 5, 2018 | Request | CERTIFICATION pursuant to Local Rule 16.1 by Kevin Moitoso.(Richter, Kai) (Entered: 11/05/2018) |
28 | Nov 5, 2018 | Request | CERTIFICATION pursuant to Local Rule 16.1 by Tim Lewis.(Richter, Kai) (Entered: 11/05/2018) |
29 | Nov 5, 2018 | Request | CERTIFICATION pursuant to Local Rule 16.1 by Mary Lee Torline.(Richter, Kai) (Entered: 11/05/2018) |
30 | Nov 6, 2018 | Request | Electronic Clerk's Notes for proceedings held before Judge William G. Young: Scheduling Conference held on 11/6/2018. The Court explains the requirements of the session. The parties do not want to proceed before a magistrate judge. The case is to go to ADR during the month of May 2019 and is placed on the running trial list for December 2019. A final pretrial conference will be held during the month of November 2019. Any motions for summary judgment shall be filed atleast three (3) months prior to trial month. A joint pretrial memorandum is due the first Monday of the month preceding the trial month. ( Ready for Trial on 12/2/2019 09:00 AM in Courtroom 18 before Judge William G. Young.) (Court Reporter: No Court Reporter Used.) (Gaudet, Jennifer) (Entered: 11/06/2018) |
31 | Nov 9, 2018 | View | AMENDED COMPLAINT against All Defendants, filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 11/09/2018) |
32 | Nov 15, 2018 | Request | ORDER REFERRING CASE to Alternative Dispute Resolution as of May 2019.(Paine, Matthew) (Entered: 11/15/2018) |
33 | Nov 21, 2018 | Request | Defendants' ANSWER to 31 Amended Complaint by FMR Co., Inc., FMR LLC, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) (Entered: 11/21/2018) |
34 | Nov 21, 2018 | Request | Notice of assignment to ADR Provider. Judge M. Page Kelley appointed.(Garvin, Brendan) (Entered: 11/21/2018) |
35 | Jan 8, 2019 | Request | MOTION for Leave to Amend the First Amended Complaint (Unopposed) by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit A - Proposed Second Amended Complaint (Part 1), # 2 Exhibit A - Proposed Second Amended Complaint (Part 2))(Thomson, Mark) (Modified on 1/9/2019 to Correct CM/ECF Filing Event as Counsel Used the Wrong Event in CM/ECF) (Paine, Matthew). (Entered: 01/08/2019) |
36 | Jan 10, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 35 MOTION for Leave to Amend the First Amended Complaint (Unopposed) ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) (Entered: 01/10/2019) |
37 | Jan 10, 2019 | View | AMENDED COMPLAINT (Second) against Fidelity Management & Research Company, FMR Co., Inc., Fidelity Investments Institutional Operations Company, Inc., FMR LLC, FMR LLC Retirement Committee, FMR LLC Funded Benefits Investment Committee, Strategic Advisers, Inc., filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1 - Part 1, # 2 Exhibit 1 - Part 2)(Richter, Kai) (Entered: 01/10/2019) |
38 | Jan 11, 2019 | Request | NOTICE of Appearance by John J. Falvey, Jr on behalf of Strategic Advisers, Inc. (Falvey, John) (Entered: 01/11/2019) |
39 | Jan 11, 2019 | Request | NOTICE of Appearance by Alison V. Douglass on behalf of Strategic Advisers, Inc. (Douglass, Alison) (Entered: 01/11/2019) |
40 | Jan 11, 2019 | Request | CORPORATE DISCLOSURE STATEMENT by Strategic Advisers, Inc.. (Douglass, Alison) (Entered: 01/11/2019) |
41 | Jan 11, 2019 | Request | NOTICE of Appearance by Alison V. Douglass on behalf of FMR LLC Funded Benefits Investment Committee (Douglass, Alison) (Entered: 01/11/2019) |
42 | Jan 11, 2019 | Request | NOTICE of Appearance by John J. Falvey, Jr on behalf of FMR LLC Funded Benefits Investment Committee (Falvey, John) (Entered: 01/11/2019) |
43 | Jan 11, 2019 | View | Joint MOTION for Protective Order by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Attachments: # 1 Exhibit A)(Falvey, John) (Entered: 01/11/2019) |
44 | Jan 15, 2019 | View | DEMAND for Trial by Jury by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 01/15/2019) |
45 | Jan 15, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered. Allowed as modified re 43 Joint MOTION for Protective Order (Paine, Matthew) (Entered: 01/16/2019) |
46 | Jan 15, 2019 | View | Judge William G. Young: ORDER entered. PROTECTIVE ORDER as modified (Attachments: # 1 Attachment - A)(Paine, Matthew) (Entered: 01/16/2019) |
47 | Jan 24, 2019 | Request | ELECTRONIC NOTICE of Hearing. Alternative Dispute Resolution Hearing set for 5/14/2019 09:30 AM in Courtroom 24 before Magistrate Judge M. Page Kelley. Telephone Conference re mediation set for 5/9/2019 03:30 PM in Courtroom 24 before Magistrate Judge M. Page Kelley. Counsel should call 1-866-434-5269 and enter access code 7576465. Counsel are advised to dial in five minutes prior to the hearing. INSTRUCTIONS - Counsel and principals are directed to be present and to have full settlement authority. They should be prepared to stay until 6:00 p.m. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to patricia_macdougall@mad.uscourts.gov no later than May 6, 2019 (preferably via email to patricia_macdougall@mad.uscourts.gov or to her attention via hand delivery to the Chambers of Mag. Judge Kelley, Suite 7-410). The mediation memorandum should be marked "Confidential - Not for Docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or if the date poses a serious conflict, please confer with opposing counsel and email Kellyann Belmont (Kellyann_Belmont@mad.uscourts.gov) and request another date. Please email Patricia MacDougall with any other mediation related issues(Belmont, Kellyann) (Entered: 01/24/2019) |
48 | Jan 24, 2019 | View | ANSWER to 37 Amended Complaint, by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc..(Douglass, Alison) (Entered: 01/24/2019) |
49 | Mar 15, 2019 | View | MOTION to Compel Discovery by Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 03/15/2019) |
50 | Mar 15, 2019 | View | MEMORANDUM in Support re 49 MOTION to Compel Discovery filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 03/15/2019) |
51 | Mar 15, 2019 | View | DECLARATION re 49 MOTION to Compel Discovery of Kai Richter by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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)(Richter, Kai) (Entered: 03/15/2019) |
52 | Mar 18, 2019 | Request | MOTION for Leave to File Third Amended Complaint Adding Class Representative (Unopposed) by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit A - Proposed Third Amended Complaint, # 2 Exhibit 1 to Proposed Third Amended Complaint (Part 1), # 3 Exhibit 1 to Proposed Third Amended Complaint (Part 2))(Thomson, Mark) (Entered: 03/18/2019) |
53 | Mar 22, 2019 | Request | NOTICE of Appearance by David Rosenberg on behalf of FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc. (Rosenberg, David) (Entered: 03/22/2019) |
54 | Mar 22, 2019 | Request | NOTICE of Appearance by Benjamin S. Reilly on behalf of FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc. (Reilly, Benjamin) (Entered: 03/22/2019) |
55 | Mar 25, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 52 MOTION for Leave to File Third Amended Complaint Adding Class Representative (Unopposed) ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) (Entered: 03/25/2019) |
56 | Mar 25, 2019 | View | AMENDED COMPLAINT (Third) against Fidelity Management & Research Company, Strategic Advisers, Inc., FMR LLC Funded Benefits Investment Committee, FMR Co., Inc., Fidelity Investments Institutional Operations Company, Inc., FMR LLC, FMR LLC Retirement Committee, filed by Tim Lewis, Kevin Moitoso, Mary Lee Torline, Sheryl Arndt. (Attachments: # 1 Exhibit 1, Part 1, # 2 Exhibit 1, Part 2)(Richter, Kai) (Entered: 03/25/2019) |
57 | Mar 26, 2019 | Request | ELECTRONIC NOTICE Cancelling Hearings. Counsel have informed the Court they do not believe the case is ripe for mediation at this time. Accordingly the May 9 telephone conference and May 14 mediation in front of Magistrate Judge Kelley are cancelled. If the parties wish to reschedule the mediation in the future they should reach out to the Court. (Belmont, Kellyann) (Entered: 03/26/2019) |
58 | Mar 27, 2019 | Request | Joint MOTION to Amend 22 Order, Set Deadlines to Extend Interim Deadlines for Class Certification Motion and Briefing by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 03/27/2019) |
59 | Mar 29, 2019 | View | MEMORANDUM in Opposition re 49 MOTION to Compel Discovery filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Falvey, John) (Entered: 03/29/2019) |
60 | Mar 29, 2019 | View | DECLARATION of David Rosenberg in Opposition re 49 MOTION to Compel Discovery by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Rosenberg, David) (Modified on 4/1/2019 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). (Entered: 03/29/2019) |
61 | Apr 1, 2019 | Request | ELECTRONIC NOTICE issued requesting courtesy copy for 60 Declaration,, 50 Memorandum in Support of Motion, 49 MOTION to Compel Discovery, 59 Memorandum in Opposition to Motion, 51 Declaration,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine Docket Clerk Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 04/01/2019) |
62 | Apr 2, 2019 | Request | MOTION for Leave to File Reply Memorandum of Law in Support of Motion to Compel Discovery by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Richter, Kai) (Entered: 04/02/2019) |
63 | Apr 3, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 62 MOTION for Leave to File Reply Memorandum of Law in Support of Motion to Compel Discovery ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) (Entered: 04/03/2019) |
64 | Apr 3, 2019 | View | REPLY to Response to 49 MOTION to Compel Discovery filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 04/03/2019) |
65 | Apr 3, 2019 | View | DECLARATION re 49 MOTION to Compel Discovery of Mark E. Thomson by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1)(Richter, Kai) (Entered: 04/03/2019) |
66 | Apr 3, 2019 | Request | MOTION for Leave to File Sur-reply Memorandum of Law in Further Opposition to Plaintiffs' Motion to Compel by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Attachments: # 1 Exhibit A)(Falvey, John) (Entered: 04/03/2019) |
67 | Apr 3, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 66 MOTION for Leave to File Sur-reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) (Entered: 04/03/2019) |
68 | Apr 3, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 58 Joint Motion to Amend (Paine, Matthew) (Entered: 04/03/2019) |
69 | Apr 3, 2019 | View | SUR-REPLY to Motion re 49 MOTION to Compel Discovery filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Falvey, John) (Entered: 04/03/2019) |
70 | Apr 4, 2019 | View | DEMAND for Trial by Jury by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 04/04/2019) |
71 | Apr 8, 2019 | View | Defendants' ANSWER to 56 Amended Complaint, (third) by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc..(Douglass, Alison) (Entered: 04/08/2019) |
72 | Apr 17, 2019 | View | MOTION to Strike 70 Jury Demand by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc..(Falvey, John) (Entered: 04/17/2019) |
73 | Apr 17, 2019 | View | MEMORANDUM in Support re 72 MOTION to Strike 70 Jury Demand filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, Strategic Advisers, Inc.. (Falvey, John) (Entered: 04/17/2019) |
74 | Apr 22, 2019 | Request | ELECTRONIC NOTICE of Hearing.Hearing Re Jury Demand set for 5/7/2019 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 04/22/2019) |
75 | May 1, 2019 | View | MEMORANDUM in Opposition re 72 MOTION to Strike 70 Jury Demand filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 05/01/2019) |
76 | May 2, 2019 | View | STIPULATION Regarding Fourth Amended Complaint by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Fourth Amended Complaint, # 2 Exhibit 1 to Fourth Amended Complaint (Part 1), # 3 Exhibit 2 to Fourth Amended Complaint (Part 2))(Richter, Kai) (Main Document 76 replaced on 5/2/2019) (Paine, Matthew). (Entered: 05/02/2019) |
77 | May 2, 2019 | View | AMENDED COMPLAINT (Fourth) against Fidelity Management & Research Company, FMR LLC Funded Benefits Investment Committee, FMR Co., Inc., Fidelity Investments Institutional Operations Company, Inc., FMR LLC, FMR LLC Retirement Committee, filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1 to Fourth Amended Complaint (Part 1), # 2 Exhibit 1 to Fourth Amended Complaint (Part 2))(Richter, Kai) (Entered: 05/02/2019) |
78 | May 2, 2019 | View | STIPULATION Regarding Class Certification (Joint) by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 05/02/2019) |
79 | May 3, 2019 | Request | NOTICE of Appearance by Paul E. Nemser on behalf of FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company (Nemser, Paul) (Entered: 05/03/2019) |
80 | May 3, 2019 | Request | MOTION for Leave to File a Reply in Support of Motion to Strike Jury Demand by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Proposed Reply)(Falvey, John) (Entered: 05/03/2019) |
81 | May 6, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 80 MOTION for Leave to File a Reply in Support of Motion to Strike Jury Demand ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) (Entered: 05/06/2019) |
82 | May 6, 2019 | Request | REPLY to Response to 72 MOTION to Strike 70 Jury Demand filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 05/06/2019) |
83 | May 7, 2019 | View | Judge William G. Young: ORDER entered. SO ORDERED re 78 STIPULATION Regarding Class Certification (Joint). (Paine, Matthew) (Entered: 05/07/2019) |
84 | May 7, 2019 | Request | Electronic Clerk's Notes for proceedings held before Judge William G. Young: Hearing re Jury Demand held on 5/7/2019. After hearing oral arguments, the Court takes the matter under advisement. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Engstrom and Lukas for the plaintiffs, Attorneys Douglass, Falvey and Nemser for the defendants) (Gaudet, Jennifer) (Entered: 05/07/2019) |
85 | May 14, 2019 | Request | MOTION to Amend Scheduling Order by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 05/14/2019) |
86 | May 14, 2019 | Request | MEMORANDUM in Support re 85 MOTION to Amend Scheduling Order filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 05/14/2019) |
87 | May 14, 2019 | Request | DECLARATION re 85 MOTION to Amend Scheduling Order by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Richter, Kai) (Entered: 05/14/2019) |
88 | May 16, 2019 | Request | Defendants' ANSWER to 77 Amended Complaint, by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) (Entered: 05/16/2019) |
89 | May 16, 2019 | Request | Opposition re 85 MOTION to Amend Scheduling Order filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 05/16/2019) |
90 | May 16, 2019 | Request | DECLARATION re 89 Opposition to Motion, (Declaration of Alison Douglass in Support of Defendants' Opposition to Plaintiffs' Motion to Amend Scheduling Order) by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 05/16/2019) |
91 | May 22, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered re 85 MOTION to Amend Scheduling Order. The plaintiffs shall have the additional 30 days to complete their discovery obligation. The motion is otherwise denied in its entirety. There shall be no further continuance. (Paine, Matthew) (Entered: 05/22/2019) |
92 | Jun 5, 2019 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of James H. Kaster Filing fee: $ 100, receipt number 0101-7718041 by Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Certification for Pro Hac Vice)(Leviton, Jason) (Entered: 06/05/2019) |
93 | Jun 6, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 92 Motion for Leave to Appear Pro Hac Vice. Added James H. Kaster. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 06/06/2019) |
94 | Jun 12, 2019 | Request | MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 06/12/2019) |
95 | Jun 12, 2019 | View | MEMORANDUM in Support re 94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 06/12/2019) |
96 | Jun 12, 2019 | View | DECLARATION re 94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Richter, Kai) (Entered: 06/12/2019) |
97 | Jun 20, 2019 | Request | MOTION for Status Conference by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 06/20/2019) |
98 | Jun 26, 2019 | Request | Opposition re 94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, John and Jane Does 1-20, Strategic Advisers, Inc.. (Falvey, John) (Entered: 06/26/2019) |
99 | Jun 26, 2019 | Request | DECLARATION re 98 Opposition to Motion, of Alison V. Douglass by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, John and Jane Does 1-20. (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)(Douglass, Alison) (Entered: 06/26/2019) |
100 | Jul 1, 2019 | Request | MOTION for Leave to File Reply Memorandum of Law in Support of Motion to Compel Discovery of Certain Documents on Defendants' Privilege Logs by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit A - Plaintiffs' Reply Memorandum in Support of Motion to Compel)(Richter, Kai) (Entered: 07/01/2019) |
101 | Jul 2, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 100 MOTION for Leave to File Reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) (Entered: 07/02/2019) |
102 | Jul 2, 2019 | Request | REPLY to Response to 94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 07/02/2019) |
103 | Jul 2, 2019 | View | MOTION for Leave to File Sur-reply Memorandum of Law in Further Support of Opposition to Plaintiff's Motion to Compel by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit A - Proposed Reply)(Falvey, John) (Entered: 07/02/2019) |
104 | Jul 3, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 103 MOTION for Leave to File Sur-reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) (Entered: 07/03/2019) |
105 | Jul 3, 2019 | Request | SUR-REPLY to Motion re 94 MOTION to Compel Discovery of Certain Documents on Defendants' Privilege Logs filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 07/03/2019) |
106 | Jul 11, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered re 97 MOTION for Status Conference. 1. In view of the breadth of the release, discovery prior to its date is denied. 2. The motion to strike the jury demand stands on a very different footing. Usually, claims for money such as this are triable as of right to a jury. Even were this motion to be allowed - which it may well be - such allowance can take place only after the most meticulous and exhaustive analysis. Even then, the request for an advisory jury commends itself to the Court. In any event, this matter need not be decided until trial. 3. The dispute over claims of privilege remains under advisement. 4. There is no need for a status conference, It would be improvident to waste time on oral argument of discovery motions. The matter appears to be proceeding apace to trial. (Paine, Matthew) (Entered: 07/11/2019) |
107 | Jul 24, 2019 | Request | Joint MOTION for Leave to Conduct One Expert Deposition Outside Expert Discovery Deadline by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) (Entered: 07/24/2019) |
108 | Jul 25, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 107 Joint MOTION for Leave to Conduct One Expert Deposition Outside Expert Discovery Deadline (Paine, Matthew) (Entered: 07/25/2019) |
109 | Jul 29, 2019 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Michael Isenman Filing fee: $ 100, receipt number 0101-7803772 by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit A)(Douglass, Alison) (Entered: 07/29/2019) |
110 | Jul 29, 2019 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Christina L. Hennecken Filing fee: $ 100, receipt number 0101-7803817 by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit A)(Douglass, Alison) (Entered: 07/29/2019) |
111 | Jul 30, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 109 Motion for Leave to Appear Pro Hac Vice; granting 110 Motion for Leave to Appear Pro Hac Vice. Added Michael Isenman and Christina L. Hennecken. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 07/30/2019) |
112 | Aug 9, 2019 | Request | Notice of Supplemental Authorities re 72 MOTION to Strike 70 Jury Demand (Attachments: # 1 Exhibit A)(Falvey, John) (Entered: 08/09/2019) |
113 | Aug 21, 2019 | View | RESPONSE re 112 Notice of Supplemental Authorities re 72 MOTION to Strike 70 Jury Demand (Richter, Kai) (Modified on 8/22/2019 to Correct Docket Text As Counsel Filed The Response Under the Wrong Event in CM/ECF) (Paine, Matthew). (Entered: 08/21/2019) |
114 | Sep 5, 2019 | Request | MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) (Entered: 09/05/2019) |
115 | Sep 5, 2019 | View | MEMORANDUM in Support re 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 09/05/2019) |
116 | Sep 5, 2019 | View | DECLARATION re 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Alison V. Douglass by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (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)(Douglass, Alison) (Entered: 09/05/2019) |
117 | Sep 5, 2019 | Request | DECLARATION re 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Christina L. Hennecken by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 09/05/2019) |
118 | Sep 5, 2019 | Request | DECLARATION re 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Bruce Strombom, Ph.D. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 09/05/2019) |
119 | Sep 5, 2019 | Request | DECLARATION re 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Anne LaRue by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 09/05/2019) |
120 | Sep 5, 2019 | Request | DECLARATION re 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz of Mark Egland by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1)(Douglass, Alison) (Entered: 09/05/2019) |
121 | Sep 6, 2019 | Request | ELECTRONIC NOTICE issued requesting courtesy copy for 119 Declaration, 120 Declaration, 118 Declaration, 117 Declaration, 116 Declaration,, 115 Memorandum in Support of Motion, 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine Docket Clerk Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 09/06/2019) |
122 | Sep 6, 2019 | Request | Assented to MOTION for Leave to Appear Pro Hac Vice for admission of William M. Jay Filing fee: $ 100, receipt number 0101-7864062 by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit A: Certificate of William M. Jay)(Douglass, Alison) (Entered: 09/06/2019) |
123 | Sep 6, 2019 | Request | MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Specht, Brock) (Entered: 09/06/2019) |
124 | Sep 6, 2019 | View | MEMORANDUM in Support re 123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) (Entered: 09/06/2019) |
125 | Sep 6, 2019 | View | DECLARATION re 123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom of Brock J. Specht by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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, # 11 Exhibit K)(Specht, Brock) (Entered: 09/06/2019) |
126 | Sep 6, 2019 | Request | MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) (Entered: 09/06/2019) |
127 | Sep 6, 2019 | View | MEMORANDUM in Support re 126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 09/06/2019) |
128 | Sep 6, 2019 | Request | DECLARATION re 126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. of Alison V. Douglass by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Douglass, Alison) (Entered: 09/06/2019) |
129 | Sep 6, 2019 | Request | MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) (Entered: 09/06/2019) |
130 | Sep 6, 2019 | View | MEMORANDUM in Support re 129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 09/06/2019) |
131 | Sep 6, 2019 | View | DECLARATION re 129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz of Christina L. Hennecken by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hennecken, Christina) (Entered: 09/06/2019) |
132 | Sep 6, 2019 | Request | MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Falvey, John) (Entered: 09/06/2019) |
133 | Sep 6, 2019 | View | MEMORANDUM in Support re 132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 09/06/2019) |
134 | Sep 6, 2019 | Request | DECLARATION re 132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres of John J. Falvey, Jr. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Falvey, John) (Entered: 09/06/2019) |
135 | Sep 6, 2019 | Request | MOTION for Partial Summary Judgment by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 09/06/2019) |
136 | Sep 6, 2019 | View | MEMORANDUM in Support re 135 MOTION for Partial Summary Judgment filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 09/06/2019) |
137 | Sep 6, 2019 | View | Statement of Material Facts L.R. 56.1 re 135 MOTION for Partial Summary Judgment filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 09/06/2019) |
138 | Sep 6, 2019 | View | DECLARATION re 135 MOTION for Partial Summary Judgment by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1 part 1, # 2 Exhibit 1 part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 part 1, # 8 Exhibit 6 part 2, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44, # 47 Exhibit 45, # 48 Exhibit 46, # 49 Exhibit 47, # 50 Exhibit 48, # 51 Exhibit 49, # 52 Exhibit 50, # 53 Exhibit 51, # 54 Exhibit 52, # 55 Exhibit 53, # 56 Exhibit 54, # 57 Exhibit 55, # 58 Exhibit 56, # 59 Exhibit 57, # 60 Exhibit 58, # 61 Exhibit 59, # 62 Exhibit 60, # 63 Exhibit 61, # 64 Exhibit 62, # 65 Exhibit 63, # 66 Exhibit 64, # 67 Exhibit 65, # 68 Exhibit 66, # 69 Exhibit 67, # 70 Exhibit 68, # 71 Exhibit 69 part 1, # 72 Exhibit 69 part 2, # 73 Exhibit 70, # 74 Exhibit 71, # 75 Exhibit 72, # 76 Exhibit 73, # 77 Exhibit 74, # 78 Exhibit 75, # 79 Exhibit 76)(Thomson, Mark) (Entered: 09/06/2019) |
139 | Sep 6, 2019 | Request | MOTION for Summary Judgment by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Falvey, John) (Entered: 09/06/2019) |
140 | Sep 6, 2019 | View | MEMORANDUM in Support re 139 MOTION for Summary Judgment filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 09/06/2019) |
141 | Sep 6, 2019 | Request | Statement of Material Facts L.R. 56.1 re 139 MOTION for Summary Judgment filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 09/06/2019) |
142 | Sep 6, 2019 | Request | DECLARATION re 139 MOTION for Summary Judgment of Dave Rosenberg by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (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, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103)(Rosenberg, David) (Attachment 12 replaced on 9/9/2019) (Paine, Matthew). (Attachment 22 replaced on 10/4/2019) (Gaudet, Jennifer). (Entered: 09/06/2019) |
143 | Sep 9, 2019 | Request | ELECTRONIC NOTICE issued requesting courtesy copy for 140 Memorandum in Support of Motion, 138 Declaration 139 MOTION for Summary Judgment , 142 Declaration 135 MOTION for Partial Summary Judgment , 137 Statement of Material Facts L.R. 56.1, 141 Statement of Material Facts L.R. 56.1, 136 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 09/09/2019) |
144 | Sep 9, 2019 | Request | ELECTRONIC NOTICE issued requesting courtesy copy for 134 Declaration, 129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz , 131 Declaration, 133 Memorandum in Support of Motion, 132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres , 128 Declaration, 130 Memorandum in Support of Motion, 127 Memorandum in Support of Motion, 126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 09/09/2019) |
145 | Sep 9, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 122 Motion for Leave to Appear Pro Hac Vice. Added William M. Jay. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 09/09/2019) |
146 | Sep 10, 2019 | Request | Joint MOTION for Extension of Time to 09/26/2019 to File Response/Reply by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 09/10/2019) |
147 | Sep 11, 2019 | Request | ELECTRONIC NOTICE Setting Hearing on Motion 135 MOTION for Partial Summary Judgment , 139 MOTION for Summary Judgment : Motion Hearing set for 11/7/2019 02:00 PM before Judge William G. Young. This hearing will take place at Boston College Law School, 885 Centre Street, East Wing, Room 115, Newton, MA. (Gaudet, Jennifer) (Entered: 09/11/2019) |
148 | Sep 11, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 146 Joint Motion for Extension of Time to File Response/Reply re 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz. Response due on or before 9/26/2019; Reply due on or before 10/3/2019. (Gaudet, Jennifer) (Entered: 09/11/2019) |
149 | Sep 26, 2019 | View | MEMORANDUM in Opposition re 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Engstrom, Carl) (Entered: 09/26/2019) |
150 | Sep 26, 2019 | View | DECLARATION re 149 Memorandum in Opposition to Motion, of Carl F. Engstrom by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1)(Engstrom, Carl) (Entered: 09/26/2019) |
151 | Sep 26, 2019 | View | DECLARATION re 149 Memorandum in Opposition to Motion, of Steve Pomerantz by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Engstrom, Carl) (Entered: 09/26/2019) |
152 | Oct 3, 2019 | Request | REPLY to Response to 114 MOTION to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Dr. Steve Pomerantz filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 10/03/2019) |
153 | Oct 4, 2019 | Request | Statement of Material Facts L.R. 56.1 re 139 MOTION for Summary Judgment (Response) and Statement of Additional Material Facts Pursuant to L.R. 56.1 filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/04/2019) |
154 | Oct 4, 2019 | View | MEMORANDUM in Opposition re 139 MOTION for Summary Judgment filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/04/2019) |
155 | Oct 4, 2019 | Request | DECLARATION re 154 Memorandum in Opposition to Motion of Mark E. Thomson by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Richter, Kai) (Entered: 10/04/2019) |
156 | Oct 4, 2019 | Request | DECLARATION re 154 Memorandum in Opposition to Motion of Kevin Moitoso by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/04/2019) |
157 | Oct 4, 2019 | Request | DECLARATION re 154 Memorandum in Opposition to Motion of Tim Lewis by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/04/2019) |
158 | Oct 4, 2019 | Request | DECLARATION re 154 Memorandum in Opposition to Motion of Mary Lee Torline by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/04/2019) |
159 | Oct 4, 2019 | Request | DECLARATION re 154 Memorandum in Opposition to Motion of Sheryl Arndt by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/04/2019) |
160 | Oct 4, 2019 | View | MEMORANDUM in Opposition re 126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/04/2019) |
161 | Oct 4, 2019 | Request | DECLARATION re 160 Memorandum in Opposition to Motion of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Richter, Kai) (Entered: 10/04/2019) |
162 | Oct 4, 2019 | View | MEMORANDUM in Opposition re 129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) (Entered: 10/04/2019) |
163 | Oct 4, 2019 | Request | DECLARATION re 162 Memorandum in Opposition to Motion of Brock J. Specht by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Specht, Brock) (Entered: 10/04/2019) |
164 | Oct 4, 2019 | View | MEMORANDUM in Opposition re 132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Thomson, Mark) (Entered: 10/04/2019) |
165 | Oct 4, 2019 | View | MEMORANDUM in Opposition re 135 MOTION for Partial Summary Judgment filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 10/04/2019) |
166 | Oct 4, 2019 | Request | DECLARATION re 165 Memorandum in Opposition to Motion, of Dave Rosenberg by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (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, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(Rosenberg, David) (Attachment 7 replaced on 10/23/2019) (Paine, Matthew). (Entered: 10/04/2019) |
167 | Oct 4, 2019 | Request | Response by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company to 137 Statement of Material Facts L.R. 56.1 . (Falvey, John) (Entered: 10/04/2019) |
168 | Oct 4, 2019 | View | MEMORANDUM in Opposition re 123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 10/04/2019) |
169 | Oct 4, 2019 | Request | DECLARATION re 168 Memorandum in Opposition to Motion, of Christina L. Hennecken by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Hennecken, Christina) (Entered: 10/04/2019) |
170 | Oct 4, 2019 | Request | DECLARATION re 168 Memorandum in Opposition to Motion, of Bruce Strombom, Ph.D. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 10/04/2019) |
171 | Oct 4, 2019 | Request | DECLARATION re 168 Memorandum in Opposition to Motion, of Jonathan Reuter, Ph.D. by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 10/04/2019) |
172 | Oct 7, 2019 | Request | ELECTRONIC NOTICE issued requesting courtesy copy for 165 Memorandum in Opposition to Motion, 159 Declaration, 163 Declaration, 162 Memorandum in Opposition to Motion, 153 Statement of Material Facts L.R. 56.1, 170 Declaration, 169 Declaration, 155 Declaration,, 158 Declaration, 166 Declaration,, 161 Declaration, 160 Memorandum in Opposition to Motion, 156 Declaration, 167 Response, 157 Declaration, 164 Memorandum in Opposition to Motion, 168 Memorandum in Opposition to Motion, 171 Declaration, 154 Memorandum in Opposition to Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine Docket Clerk Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 10/07/2019) |
173 | Oct 8, 2019 | View | Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER For the foregoing reasons, this Court GRANTS Fidelity's motion to strike the Plaintiffs jury demand, ECF No. 72 . Nonetheless, because citizen juries play a vital role in our democracy and so as to preserve the Plaintiffs rights, this Court shall empanel an advisory jury. SO ORDERED.(Sonnenberg, Elizabeth) (Entered: 10/08/2019) |
174 | Oct 11, 2019 | Request | REPLY to Response to 132 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Ian Ayres filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 10/11/2019) |
175 | Oct 11, 2019 | Request | REPLY to Response to 126 MOTION to Exclude Opinions of Plaintiffs' Expert Marcia Wagner, Esq. filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Declaration of Alison V. Douglass, # 2 Exhibit 1)(Douglass, Alison) (Entered: 10/11/2019) |
176 | Oct 11, 2019 | Request | REPLY to Response to 135 MOTION for Partial Summary Judgment filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/11/2019) |
177 | Oct 11, 2019 | Request | DECLARATION re 176 Reply to Response to Motion of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (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)(Richter, Kai) (Entered: 10/11/2019) |
178 | Oct 11, 2019 | Request | REPLY to Response to 123 MOTION to Strike in Part the Expert Report and Testimony of Bruce Strombom filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) (Entered: 10/11/2019) |
179 | Oct 11, 2019 | Request | REPLY to Response to 139 MOTION for Summary Judgment filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Appendix A)(Falvey, John) (Entered: 10/11/2019) |
180 | Oct 11, 2019 | Request | REPLY to Response to 129 MOTION to Exclude Opinions of Plaintiffs' Expert Dr. Steve Pomerantz filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 10/11/2019) |
181 | Oct 11, 2019 | Request | Response by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company to 153 Statement of Material Facts L.R. 56.1, . (Falvey, John) (Entered: 10/11/2019) |
182 | Oct 11, 2019 | Request | DECLARATION re 180 Reply to Response to Motion, of Christina L. Hennecken by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hennecken, Christina) (Entered: 10/11/2019) |
183 | Oct 11, 2019 | Request | DECLARATION re 179 Reply to Response to Motion, of Dave Rosenberg Reply to Response to Motion, of Dave Rosenberg by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rosenberg, David) (Modified on 10/15/2019 to Correct CM/ECF Document Link) (Paine, Matthew). (Entered: 10/11/2019) |
184 | Oct 15, 2019 | Request | Notice of correction to docket made by Court staff. Correction: Docket Entry 184 Was Deleted and Removed From the Docket As Counsel Rosenberg Incorrectly Filed The Same Docket Entry Twice on the Case. ECF No. 183 Was Updated and Correctly Linked to ECF No. 179 on the Docket. (Paine, Matthew) (Entered: 10/15/2019) |
185 | Oct 15, 2019 | Request | ELECTRONIC NOTICE issued requesting courtesy copy for 177 Declaration, 174 Reply to Response to Motion, 182 Declaration, 180 Reply to Response to Motion, 176 Reply to Response to Motion, 175 Reply to Response to Motion, 181 Response, 183 Declaration,, 178 Reply to Response to Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 10/15/2019) |
186 | Oct 16, 2019 | View | Judge William G. Young: ORDER entered. PROCEDURAL ORDER re pretrial/trial. Final Pretrial Conference set for 11/20/2019 02:30 PM in Courtroom 18 before Judge William G. Young. A joint pretrial memorandum is due on or before Monday, November 18, 2019.(Gaudet, Jennifer) (Entered: 10/16/2019) |
187 | Oct 18, 2019 | Request | NOTICE by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline Notice of ERRATA Sheet of FMR LLC Rule 30(b)(6) Witness (Attachments: # 1 Exhibit 1)(Richter, Kai) (Entered: 10/18/2019) |
188 | Oct 21, 2019 | Request | MOTION for Leave to Appear Pro Hac Vice for admission of Grace I. Chanin Filing fee: $ 100, receipt number 0101-7933430 by Kevin Moitoso. (Attachments: # 1 Affidavit)(Leviton, Jason) (Entered: 10/21/2019) |
189 | Oct 22, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 188 Motion for Leave to Appear Pro Hac Vice. Added Grace I. Chanin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) (Entered: 10/22/2019) |
190 | Oct 25, 2019 | Request | NOTICE by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline Regarding Supplemental Report of Bruce Strombom Submitted After Briefing On Defendants' Motion To Strike Two Damage Models Offered By Dr. Steve Pomerantz (Attachments: # 1 Exhibit A)(Richter, Kai) (Entered: 10/25/2019) |
191 | Oct 25, 2019 | Request | MOTION to Bifurcate Trial by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company.(Douglass, Alison) (Entered: 10/25/2019) |
192 | Oct 25, 2019 | View | MEMORANDUM in Support re 191 MOTION to Bifurcate Trial filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 10/25/2019) |
193 | Oct 25, 2019 | View | DECLARATION re 191 MOTION to Bifurcate Trial , of Michael K. Isenman by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1 - Excerpts from Suess Report)(Douglass, Alison) (Entered: 10/25/2019) |
194 | Oct 25, 2019 | Request | MOTION in Limine to Exclude Evidence, Testimony, and Argument Relating to Pre-Class Period Evidence That Was Not Previously Produced by Defendants Pursuant to the Court's Order by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 10/25/2019) |
195 | Oct 25, 2019 | View | MEMORANDUM in Support re 194 MOTION in Limine to Exclude Evidence, Testimony, and Argument Relating to Pre-Class Period Evidence That Was Not Previously Produced by Defendants Pursuant to the Court's Order filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 10/25/2019) |
196 | Oct 25, 2019 | Request | DECLARATION re 194 MOTION in Limine to Exclude Evidence, Testimony, and Argument Relating to Pre-Class Period Evidence That Was Not Previously Produced by Defendants Pursuant to the Court's Order Declaraton of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Richter, Kai) (Entered: 10/25/2019) |
197 | Oct 25, 2019 | Request | MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Specht, Brock) (Entered: 10/25/2019) |
198 | Oct 25, 2019 | View | MEMORANDUM in Support re 197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) (Entered: 10/25/2019) |
199 | Oct 25, 2019 | Request | DECLARATION re 197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds Declaration of Brock Specht by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1)(Specht, Brock) (Entered: 10/25/2019) |
200 | Oct 28, 2019 | View | Response by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company to 190 Notice (Other), Defendants' Response to Plaintiffs' Notice Regarding Supplemental Report of Bruce Strombom Submitted After Briefing on Defendants' Motion to Strike Two Damage Models Offered by Dr. Steve Pomerantz. (Douglass, Alison) (Entered: 10/28/2019) |
201 | Oct 29, 2019 | View | NOTICE by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company re 115 Memorandum in Support of Motion, Notice of Errata to Memorandum in Support of Defendants' Motion to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Steve Pomerantz (Douglass, Alison) (Entered: 10/29/2019) |
202 | Oct 29, 2019 | View | DECLARATION re 120 Declaration, Supplemental Declaration of Mark Egland by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 10/29/2019) |
203 | Oct 29, 2019 | View | NOTICE by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company re 152 Reply to Response to Motion, Notice of Errata to Reply Memorandum in Support of Defendants' Motion to Strike as Untimely Pursuant to Fed. R. Civ. P. 16(f)(1)(C) and 37(c)(1) Two Damages Models Offered by Plaintiffs' Expert Steve Pomerantz (Douglass, Alison) (Entered: 10/29/2019) |
204 | Nov 1, 2019 | View | MEMORANDUM in Opposition re 197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 11/01/2019) |
205 | Nov 1, 2019 | View | MEMORANDUM in Opposition re 191 MOTION to Bifurcate Trial filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Specht, Brock) (Entered: 11/01/2019) |
206 | Nov 1, 2019 | View | MEMORANDUM in Opposition re 194 MOTION in Limine to Exclude Evidence, Testimony, and Argument Relating to Pre-Class Period Evidence That Was Not Previously Produced by Defendants Pursuant to the Court's Order filed by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Douglass, Alison) (Entered: 11/01/2019) |
207 | Nov 1, 2019 | Request | DECLARATION re 206 Memorandum in Opposition to Motion, by Alison V. Douglass by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Douglass, Alison) (Entered: 11/01/2019) |
208 | Nov 5, 2019 | View | STIPULATION (Joint) Regarding Non-Consideration of Stable Value, Collective Trust, and Separate Account Investments by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 11/05/2019) |
209 | Nov 5, 2019 | View | Joint Letter/request (non-motion) from counsel for Plaintiffs and Defendants re November 7, 2019 summary judgment hearing. (Falvey, John) (Entered: 11/05/2019) |
210 | Nov 5, 2019 | View | Amended MOTION for Partial Summary Judgment by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 11/05/2019) |
211 | Nov 7, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered denying 191 Motion to Bifurcate Trial; denying 194 Motion in Limine (Paine, Matthew) (Entered: 11/07/2019) |
212 | Nov 7, 2019 | Request | Judge William G. Young: ELECTRONIC ORDER entered re 197 MOTION in Limine to Preclude Any Argument or Suggestion That the Class Suffered No Loss or That Investments Were "Prudent" Based on the Absolute Performance of the At-Issue Funds.Allowed. This does not, however, mean that evidence of absolute preformance is not relevant (Paine, Matthew) (Entered: 11/07/2019) |
218 | Nov 7, 2019 | View | Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 11/7/2019 at Boston College Law School re 139 MOTION for Summary Judgment filed by FMR LLC Retirement Committee, Fidelity Management & Research Company, Fidelity Investments Institutional Operations Company, Inc., FMR Co., Inc., FMR LLC Funded Benefits Investment Committee, FMR LLC, 135 MOTION for Partial Summary Judgment filed by Sheryl Arndt, Kevin Moitoso, Mary Lee Torline, Tim Lewis. After hearing arguments of counsel, the Court takes the matter under advisement and set a case stated hearing for November 20, 2019. All other deadlines are terminated until further order of the Court. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Lukas, Specht and Richter for the plaintiffs, Attorneys Jay, Douglass and Falvey for the defendants) (Gaudet, Jennifer) (Entered: 11/14/2019) |
213 | Nov 8, 2019 | View | Notice of Supplemental Authorities re 139 MOTION for Summary Judgment (Attachments: # 1 Exhibit A)(Richter, Kai) (Entered: 11/08/2019) |
214 | Nov 12, 2019 | View | NOTICE by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline re 135 MOTION for Partial Summary Judgment of Errata to Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment (Thomson, Mark) (Entered: 11/12/2019) |
215 | Nov 12, 2019 | Request | DECLARATION re 214 Notice (Other) of Mark Thomson (Supplemental) by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit Corrected Ex. 4, # 2 Exhibit Corrected Ex. 5, # 3 Exhibit Corrected Ex. 6, # 4 Exhibit Corrected Ex. 7)(Thomson, Mark) (Entered: 11/12/2019) |
216 | Nov 14, 2019 | Request | Transcript of Motion for Summary Judgment Hearing held on November 7, 2019, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 12/5/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/12/2020. (Scalfani, Deborah) (Entered: 11/14/2019) |
217 | Nov 14, 2019 | Request | NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 11/14/2019) |
219 | Nov 14, 2019 | Request | Set/Reset Hearings: Case Stated Hearing set for 11/20/2019 10:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 11/14/2019) |
220 | Nov 18, 2019 | View | Response by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company to 213 Notice of Supplemental Authorities . (Douglass, Alison) (Entered: 11/18/2019) |
221 | Nov 20, 2019 | Request | Electronic Clerk's Notes for proceedings held before Judge William G. Young: Case Stated Hearing held on 11/20/2019. The Court hears arguments of counsel and takes the matter under advisement. All current deadlines are suspended. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Richter, Thomson, Lukas and Specht for the plaintiffs and Attorneys Jay, Douglass, Falvey and Hennecken for the defendant) (Gaudet, Jennifer) (Entered: 11/20/2019) |
222 | Nov 22, 2019 | Request | Transcript of Case-Stated Hearing held on November 20, 2019, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. (Scalfani, Deborah) (Entered: 11/22/2019) |
223 | Nov 22, 2019 | Request | NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 11/22/2019) |
224 | Mar 27, 2020 | View | Judge William G. Young: ORDER entered. MEMORANDUM AND ORDERThere remains a live issue as to whether Fidelitys statute of limitations defense is viable. Additionally, this decision addresses only the question of liability, not causation or loss. On the case-stated record, the Court has made the following findings and rulings:Fidelity has incurred liability under count I for its breach of the duty of prudence in failing to monitor proprietary funds other than the two DIAs, and for failing to monitor record keeping expenses. FMR LLC is liable under count IV for breaches related to this failure to monitor. All Fidelity Entities may be liable under count V for breaches related to the failure to monitor. At the close of this case, judgment will enter for Fidelity on the other theories under count I, as well as count III. SO ORDERED.(Sonnenberg, Elizabeth) (Entered: 03/27/2020) |
225 | Mar 27, 2020 | Request | Judge William G. Young: ELECTRONIC ORDER entered finding as moot 49 Motion to Compel (Gaudet, Jennifer) (Entered: 03/27/2020) |
226 | Apr 17, 2020 | View | STIPULATION Regarding Prohibited Transaction Claim and Withdrawal of Statute of Limitations Defense as to Remaining Claims by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 04/17/2020) |
227 | Apr 23, 2020 | Request | ELECTRONIC NOTICE of Hearing. Final Pretrial Conference set for 5/6/2020 02:00 PM in Courtroom 18 before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Courts general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) (Entered: 04/23/2020) |
228 | Apr 30, 2020 | View | STIPULATION (Joint Waiver of Use of Advisory Jury) by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 04/30/2020) |
229 | Apr 30, 2020 | Request | STIPULATION Regarding PAS-W and Plan Investments by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 04/30/2020) |
230 | May 1, 2020 | View | PRETRIAL MEMORANDUM by FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company. (Falvey, John) (Entered: 05/01/2020) |
232 | May 6, 2020 | Request | Electronic Clerk's Notes for proceedings held before Judge William G. Young: Final Pretrial Conference held on 5/6/2020 by video. The Court reviews the schedule with counsel. Jury waived trial placed on the running trial list for July 2020. Counsel are instructed to notify the clerk if the case were to settle. (Ready for Trial on 7/6/2020 09:00 AM in Courtroom 18 before Judge William G. Young.) (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Richter, Lucus, Thompson, Shannon and Walker for the plaintiff, Attorneys Falvey, Nemser, Douglas and Isenman for the defendants) (Gaudet, Jennifer) (Entered: 05/08/2020) |
231 | May 8, 2020 | View | NOTICE of Appearance by Yvonne W. Chan on behalf of FMR Co., Inc., FMR LLC, FMR LLC Funded Benefits Investment Committee, FMR LLC Retirement Committee, Fidelity Investments Institutional Operations Company, Inc., Fidelity Management & Research Company, John and Jane Does 1-20 (Chan, Yvonne) (Entered: 05/08/2020) |
233 | Jun 3, 2020 | Request | MOTION for Leave to File Motion for Partial Summary Judgment as to Recordkeeping Losses by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 06/03/2020) |
234 | Jun 4, 2020 | View | STIPULATION Regarding Topics Excluded From Trial by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 06/04/2020) |
235 | Jun 4, 2020 | View | STIPULATION Regarding Expert Supplementation by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 06/04/2020) |
236 | Jun 4, 2020 | Request | Judge William G. Young: ELECTRONIC ORDER entered denying 233 Motion for Leave to File Motion for Partial Summary Judgment as to Recordkeeping Losses by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. Motion denied as untimely. If the facts already found and undisputed on the record keeping issue are dispositive, the plaintiffs may call the matter to the Courts attention at trial and rest on that point, thus shortening the proceeding. (Gaudet, Jennifer) (Entered: 06/04/2020) |
237 | Jun 5, 2020 | View | Joint Letter/request (non-motion) from Kai Richter and Alison Douglass . (Richter, Kai) (Entered: 06/05/2020) |
238 | Jun 8, 2020 | Request | Judge William G. Young: ELECTRONIC ORDER entered re 237 Joint Letter/request (non-motion) from Kai Richter and Alison Douglass. Treated as a joint motion to amend the pre-trial order, motion allowed. The remainder of the case will commence on Monday, July 6, 2020 at 9:00 am as a ZOOM hearing. The parties shall inform the Court of the reduced number of trial days now necessary for receiving evidence and arguments. Not later than 5:00 pm Tuesday, June 30, 2020 the parties shall file in Court 3 paper copies of each of the admitted and proffered exhibits as well as a complete exhibit list and copy of each expert report.(Gaudet, Jennifer) (Entered: 06/08/2020) |
239 | Jun 18, 2020 | Request | Judge William G. Young: ELECTRONIC ORDER entered: The recent stipulations appear to make the various pending motions to strike inconsequential or perhaps irrelevant. In either event, each one is denied without prejudice to its renewal should the matter come up during the trial. Counsel shall inform the Court of the expected duration of the trial by noon July 1,2020.(Gaudet, Jennifer) (Entered: 06/18/2020) |
240 | Jun 18, 2020 | View | NOTICE of Settlement by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline (Richter, Kai) (Entered: 06/18/2020) |
241 | Jul 2, 2020 | Request | MOTION for Preliminary Approval of Class Action Settlement (Unopposed) by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 07/02/2020) |
242 | Jul 2, 2020 | View | MEMORANDUM in Support re 241 MOTION for Preliminary Approval of Class Action Settlement (Unopposed) filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 07/02/2020) |
243 | Jul 2, 2020 | View | DECLARATION re 241 MOTION for Preliminary Approval of Class Action Settlement (Unopposed) of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Richter, Kai) (Entered: 07/02/2020) |
244 | Jul 2, 2020 | Request | DECLARATION re 241 MOTION for Preliminary Approval of Class Action Settlement (Unopposed) of Kevin Moitoso by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 07/02/2020) |
245 | Jul 2, 2020 | Request | DECLARATION re 241 MOTION for Preliminary Approval of Class Action Settlement (Unopposed) of Tim Lewis by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 07/02/2020) |
246 | Jul 2, 2020 | Request | DECLARATION re 241 MOTION for Preliminary Approval of Class Action Settlement (Unopposed) of Mary Lee Torline by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 07/02/2020) |
247 | Jul 2, 2020 | Request | DECLARATION re 241 MOTION for Preliminary Approval of Class Action Settlement (Unopposed) of Sheryl Arndt by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 07/02/2020) |
248 | Jul 2, 2020 | Request | Proposed Document(s) submitted by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. Document received: Proposed Order. (Richter, Kai) (Entered: 07/02/2020) |
249 | Jul 9, 2020 | Request | Judge William G. Young: ELECTRONIC ORDER entered granting 241 Unopposed Motion for Preliminary Approval of Class Action Settlement. Motion allowed on the understanding that plaintiffs' counsel will seek no more than 33% of the net settlement funds as attorney's fees. (Gaudet, Jennifer) (Entered: 07/09/2020) |
250 | Jul 9, 2020 | View | Judge William G. Young: ORDER Preliminarily Approving Class Action Settlement, Approving Procedure and Form of Notice, and Scheduling Final Approval Hearing entered. (Final Approval Hearing set for 1/12/2021 02:00 PM in Courtroom 18 before Judge William G. Young.)(Gaudet, Jennifer) (Entered: 07/09/2020) |
251 | Oct 5, 2020 | Request | NOTICE of Change of Address or Firm Name by Kai H. Richter (Richter, Kai) (Entered: 10/05/2020) |
252 | Dec 8, 2020 | Request | MOTION for Attorney Fees and Costs, Administrative Expenses, and Class Representative Service Awards by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 12/08/2020) |
253 | Dec 8, 2020 | View | MEMORANDUM in Support re 252 MOTION for Attorney Fees and Costs, Administrative Expenses, and Class Representative Service Awards filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 12/08/2020) |
254 | Dec 8, 2020 | Request | DECLARATION re 252 MOTION for Attorney Fees and Costs, Administrative Expenses, and Class Representative Service Awards of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Richter, Kai) (Entered: 12/08/2020) |
255 | Dec 8, 2020 | Request | Proposed Document(s) submitted by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. Document received: [Proposed] Order on Plaintiffs Motion for Approval of Attorneys Fees and Costs, Administrative Expenses, and Class Representative Service Awards. (Richter, Kai) (Entered: 12/08/2020) |
256 | Dec 8, 2020 | View | DECLARATION re 252 MOTION for Attorney Fees and Costs, Administrative Expenses, and Class Representative Service Awards of Jason Leviton by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit A)(Richter, Kai) (Entered: 12/08/2020) |
257 | Dec 8, 2020 | Request | ELECTRONIC NOTICE issued requesting courtesy copy for 253 Memorandum in Support of Motion, 252 MOTION for Attorney Fees and Costs, Administrative Expenses, and Class Representative Service Awards, 254 Declaration, 256 Declaration, 255 Proposed Document(s) submitted,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 12/08/2020) |
258 | Dec 29, 2020 | Request | MOTION for Final Approval of Class Action Settlement by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline.(Richter, Kai) (Entered: 12/29/2020) |
259 | Dec 29, 2020 | Request | MEMORANDUM in Support re 258 MOTION for Final Approval of Class Action Settlement filed by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Richter, Kai) (Entered: 12/29/2020) |
260 | Dec 29, 2020 | Request | DECLARATION re 258 MOTION for Final Approval of Class Action Settlement of Kai Richter by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Richter, Kai) (Entered: 12/29/2020) |
261 | Dec 29, 2020 | Request | DECLARATION re 258 MOTION for Final Approval of Class Action Settlement of Jeffrey Mitchell by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Richter, Kai) (Entered: 12/29/2020) |
262 | Dec 29, 2020 | Request | Proposed Document(s) submitted by Sheryl Arndt, Tim Lewis, Kevin Moitoso, Mary Lee Torline. Document received: [Proposed] Order on Plaintiffs' Motion for Final Approval of Class Action Settlement. (Richter, Kai) (Entered: 12/29/2020) |
263 | Dec 30, 2020 | Request | ELECTRONIC NOTICE issued requesting courtesy copy for 258 MOTION for Final Approval of Class Action Settlement , 261 Declaration, 259 Memorandum in Support of Motion, 262 Proposed Document(s) submitted, 260 Declaration. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 12/30/2020) |