ORDER GRANTING 178 Motion for Attorney Fees, Reimbursement of Expenses and Case Contribution Awards. Signed by District Judge John W. Lungstrum on 3/6/2012. (ses) (Entered: 03/06/2012)
MINUTE ENTRY for proceedings held before District Judge John W. Lungstrum: MOTION HEARING held on 3/6/2012 re 176 MOTION for Final Approval of Settlement, Amendment of the Class Definition, and Approval of Plan of Allocation filed by Eva L. Hanna, Daniel J. Cambra, Patrick M. Couch, and 178 MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Case Contribution Awards filed by Eva L. Hanna, Daniel J. Cambra, Patrick M. Couch. (Court Reporter Becky Ryder.) (ses) (Entered: 03/06/2012)
Supplemental AFFIDAVIT / Declaration of Mark K. Gyandoh re 176 MOTION for Final Approval of Settlement, Amendment of the Class Definition, and Approval of Plan of Allocation, 178 MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Case Contribution Awards by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Lolli, Don) (Entered: 02/28/2012)
Supplemental MEMORANDUM IN SUPPORT of 176 MOTION for Final Approval of Settlement, Amendment of the Class Definition, and Approval of Plan of Allocation, 178 MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Case Contribution Awards by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 02/28/2012)
OBJECTION to 173 Order regarding 171 MOTION for Preliminary Approval of Settlement, Amendment of the Class Definition, Approval of Class Action Notice, and Scheduling of a Final Fairness Hearing by Karen East. (mg) (Entered: 02/08/2012)
OBJECTION to 173 Order regarding 171 MOTION for Preliminary Approval of Settlement, Amendment of the Class Definition, Approval of Class Action Notice, and Scheduling of a Final Fairness Hearing by Stephen A. Brigido. (mg) (Entered: 02/01/2012)
AFFIDAVIT of Declaration of Mark K. Gyandoh in Support of 176 MOTION for Final Approval of Settlement, Amendment of the Class Definition, and Approval of Plan of Allocation, 178 MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Case Contribution Awards by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Attachments: # 1 Exhibit A - Firm Resume, # 2 Exhibit B - Bear Stearns, # 3 Exhibit C - Honeywell, # 4 Exhibit D - Lodestar, # 5 Exhibit E - Expenses, # 6 Exhibit F - Unreported Decisions)(Lolli, Don) (Entered: 01/31/2012)
AFFIDAVIT of Declaration of Robert A. Izard in Support of 176 MOTION for Final Approval of Settlement, Amendment of the Class Definition, and Approval of Plan of Allocation, 178 MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Case Contribution Awards by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Attachments: # 1 Exhibit 1 - Izard Nobel Firm Resume, # 2 Exhibit 2 - Peters Stasiewicz Affidavit, # 3 Exhibit 3 - Settlement Agreement, # 4 Exhibit 4 - Dysart Taylor Affidavit, # 5 Exhibit 5 - Expenses from Other Firms, # 6 Exhibit 6 - In re Merck & Co, Inc. Sec., Derivative & "ERISA" Litig., # 7 Exhibit 7 - Morrison v. Moneygram International, Inc., # 8 Exhibit 8 - Coppess v. Healthways, Inc., # 9 Exhibit 9 - In re Radioshack Corp. ERISA Litig., # 10 Exhibit 10 - In re MBNA Corp. ERISA Litig., # 11 Exhibit 11 - In re Aquila ERISA Litig., # 12 Exhibit 12 - In Re Syncor ERISA Litig., # 13 Exhibit 13 - In re Electronic Data System Corp. "ERISA" Litig., # 14 Exhibit 14 - Eslava v. Gulf Telephone Co., Inc., # 15 Exhibit 15 - Walsh v. Marsh & McLennan Cos., # 16 Exhibit 16 - Objection of Stephen A. Brigido, # 17 Exhibit 17 - Objection of Pamela Hanson, # 18 Exhibit 18 - Plan of Allocation)(Lolli, Don) (Entered: 01/31/2012)
MEMORANDUM IN SUPPORT of 178 MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Case Contribution Awards by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 01/31/2012)
MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Case Contribution Awards by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Attachments: # 1 Exhibit A)(Lolli, Don) (Entered: 01/31/2012)
MEMORANDUM IN SUPPORT of 176 MOTION for Final Approval of Settlement, Amendment of the Class Definition, and Approval of Plan of Allocation by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 01/31/2012)
MOTION for Final Approval of Settlement, Amendment of the Class Definition, and Approval of Plan of Allocation by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Attachments: # 1 Exhibit A)(Lolli, Don) (Entered: 01/31/2012)
ORDER. In light of the March 6, 2012 hearing before Judge Lungstrum regarding final approval of the parties' class action settlement, the final pretrial conference set for January 17, 2012 is canceled and the parties are relieved of their obligation to submit a proposed pretrial order. Signed by Magistrate Judge James P. O'Hara on 12/21/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kg) (Entered: 12/21/2011)
ORDER RESCHEDULING HEARING ON FINAL APPROVAL OF SETTLEMENT re Order 173 . The Fairness Hearing set for 2/28/2012 is CONTINUED to 3/6/2012 at 09:00 AM in Courtroom 427 (JWL)before District Judge John W. Lungstrum. Signed by District Judge John W. Lungstrum on 11/28/2011. (ses) (Entered: 11/28/2011)
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, MODIFYING CLASS CERTIFICATION FOR SETTLEMENT PURPOSES, APPROVING FORM AND MANNER OF CLASS NOTICE, AND SETTING DATE FOR HEARING ON FINAL APPROVAL OF SETTLEMENT regarding 171 MOTION. A Fairness Hearing is set for 2/28/2012 at 10:30 AM in Courtroom 427 (JWL) before District Judge John W. Lungstrum. Signed by District Judge John W. Lungstrum on 11/22/2011. (Attachments: # 1 Notice)(mg) (Entered: 11/22/2011)
MEMORANDUM IN SUPPORT of 171 MOTION for Preliminary Approval of Settlement, Amendment of the Class Definition, Approval of Class Action Notice, and Scheduling of a Final Fairness Hearing by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, Settlement Agreement, # 3 Exhibit A to Settlement Agreement, # 4 Exhibit B to Settlement Agreement, # 5 Exhibit C to Settlement Agreeement, # 6 Exhibit D to Settlement Agreement, # 7 Exhibit 2, # 8 Exhibit 3)(Lolli, Don) (Entered: 11/11/2011)
MOTION for Preliminary Approval of Settlement, Amendment of the Class Definition, Approval of Class Action Notice, and Scheduling of a Final Fairness Hearing by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 11/11/2011)
CERTIFICATE OF SERVICE of ERISA Plaintiffs' Third Set of Requests for Production of Documents by Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna. (Lolli, Don) (Entered: 06/07/2011)
CERTIFICATE OF SERVICE of Plaintiffs' First Set of Interrogatories Directed to All Defendants by Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna. (Lolli, Don) (Entered: 06/01/2011)
MINUTE ENTRY for proceedings held before District Judge John W. Lungstrum: TELEPHONE CONFERENCE held on 4/13/2011: regarding notice to absent class members. (Court Reporter Becky Ryder.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 05/06/2011)
MEMORANDUM AND ORDER granting in part and denying in part 145 Plaintiffs' Motion to Strike Defendant's Affirmative Defenses. Signed by District Judge John W. Lungstrum on 4/15/2011. (ses) (Entered: 04/15/2011)
CERTIFICATE OF SERVICE of Defendants' Answers and Objections to the ERISA Plaintiffs' Second Set of Requests for Production of Documents by The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Buffo, David) (Entered: 04/13/2011)
NOTICE OF TELEPHONE CONFERENCE: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference set for 4/13/2011 at 01:00 PM before District Judge John W. Lungstrum. The purpose of the telephone conference is to discuss whether notice should be given to absent class members. All counsel who wish to participate in this conference call are directed to call the conference operator at 1-866-207-0261. The conference ID number is 59976383. (ses) (Entered: 04/12/2011)
MEMORANDUM AND ORDER granting 102 Motion for Class Certification. Plaintiffs Eva L. Hanna, Daniel J. Cambra and Patrick M. Couch are appointed as class representatives. The law firms of Barroway Topaz Kessler Meltzer & Check, LLP and Izard Nobel LLP are appointed as Co-Lead Class Counsel and that the law firm of Dysart Taylor Lay Cotter & McMonigle P.C. is appointed as Liaison Class Counsel for the class. Signed by District Judge John W. Lungstrum on 4/6/2011. (ses) (Entered: 04/06/2011)
AMENDED SCHEDULING ORDER and ORDER granting 161 plaintiffs' unopposed motion to amend scheduling order. Dispositive motion deadline 3/5/2012. Proposed Pretrial Order due by 1/6/2012. Final Pretrial Conference set for 1/17/2012 at 9:00 AM in Courtroom 236 before Magistrate Judge James P. O'Hara. Trial set for 7/6/2012 at 9:30 AM in Courtroom 427 before District Judge John W. Lungstrum; estimated trial time 10-15 days. SEE ATTACHED ORDER FOR ADDITIONAL DEADLINES. Signed by Magistrate Judge James P. O'Hara on 4/4/2011. (ct) (Entered: 04/04/2011)
Unopposed MOTION to Amend Scheduling Order by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna(Lolli, Don) (Entered: 03/26/2011)
CERTIFICATE OF SERVICE of documents responsive to Defendants' First Request for Production of Documents and the Court's Order of March 4, 2011 by Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna. (Lolli, Don) (Entered: 03/21/2011)
SUPPLEMENT to 103 Memorandum in Support of 102 MOTION For Class Certification by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lolli, Don) (Entered: 03/16/2011)
CERTIFICATE OF SERVICE of ERISA Plaintiffs' Second Set of Requests for Production of Documents to Defendants by Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna. (Lolli, Don) (Entered: 03/14/2011)
REPLY to Response to Motion by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna re: 145 MOTION to Strike Affirmative Defenses. (Attachments: # 1 Declaration Mark K. Gyandoh, # 2 Exhibit A)(Lolli, Don) (Entered: 03/11/2011)
REPLY to Response to Motion by Plaintiffs Eva L. Hanna, Shelley F. Whitson re: 102 MOTION For Class Certification. (Attachments: # 1 Declaration Mark K. Gyandoh, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Lolli, Don) (Entered: 03/04/2011)
MEMORANDUM IN OPPOSITION by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re 145 MOTION to Strike Affirmative Defenses. (Attachments: # 1 Exhibit Declaration of S. Bradley Perkins)(Buffo, David) (Entered: 02/25/2011)
RESPONSE by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re 145 MOTION to Strike Affirmative Defenses. (Buffo, David) (Entered: 02/25/2011)
ORDER granting 151 Joint Motion for Extension of Time to File Reply re 102 MOTION For Class Certification and the Reply deadline is extended to 3/4/2011. Signed by District Judge John W. Lungstrum on 2/10/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 02/10/2011)
Joint MOTION for Extension of Time to File Reply as to 102 MOTION For Class Certification by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 02/10/2011)
ORDER granting 149 Joint Stipulatin for Extension of Time for Defendants to File Response re 145 Plaintiffs' MOTION to Strike Affirmative Defenses and the Response deadline is extended to 2/25/2011. Signed by District Judge John W. Lungstrum on 2/9/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 02/09/2011)
Joint (STIPULATION) MOTION for Extension of Time to File Response as to 145 MOTION to Strike Affirmative Defenses by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Buffo, David) (Entered: 02/08/2011)
ORDER granting 147 motion for extension of time until March 2, 2011, for plaintiffs to file a motion to compel production of documents responsive to plaintiffs' Document Request No. 82. Signed by Magistrate Judge James P. O'Hara on 2/1/2011. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ah) (Entered: 02/01/2011)
Second Joint MOTION for Extension of Time for Plaintiffs to File Motion to Compel by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 01/31/2011)
MEMORANDUM IN SUPPORT of 145 MOTION to Strike Affirmative Defenses by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 01/28/2011)
MOTION to Strike Affirmative Defenses by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 01/28/2011)
REPLY to Response to Motion by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re: 130 MOTION to Compel Production of Documents Responsive to Defendants' Requests Relating to Plaintiffs' Investments Outside of the Plan. (Buffo, David) (Entered: 01/13/2011)
NOTICE of Declaration of Lassaad Turki by Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re 140 Response to Motion, for Class Certification (Attachments: # 1 Appendix A - Curriculum Vitae of Lassaad Turki, # 2 Exhibit 1 - Aggregate Holdings in YRC Company Stock Funds for All Plan Participants, # 3 Exhibit 2 - Aggregate Holdings for Each Fund Across All Plan Participants on October 25, 2007, # 4 Exhibit 3 - Number of Plan Participants That Fall Into Various Ranges of YRC Company Stock Fund Holdings as of October 25, 2007, # 5 Exhibit 4 - Aggregate Percentage of Participants' Total Plan Holdings Held in YRC Company Stock Funds)(Buffo, David) (Entered: 01/10/2011)
NOTICE of Declaration of S. Bradley Perkins by Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re 140 Response to Motion, for Class Certification (Attachments: # 1 Exhibit A - Excertps from Deposition of Eva Hanna, taken 11/8/10, # 2 Exhibit B - Excerpts from Deposition of Patrick Couch, taken 11/9/10, # 3 Exhibit C - Excerpts from Deposition of Daniel Cambra, taken 11/22/10)(Buffo, David) (Entered: 01/10/2011)
NOTICE of Declaration of Harold Marshall by Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re 140 Response to Motion, for Class Certification (Attachments: # 1 Exhibit A - YRC Worldwide Inc. 401(k) Planas Amended and Restated Effective January 1, 2009, # 2 Exhibit B - Summary Plan Description and Prospectus for YRC Regional Transportation, Inc. 401(k) Retirement Plan dated March 5, 2007, # 3 Exhibit C - Yellow Roadway Corporation Retirement Savings Plan as Amended and Restated Effective January 1, 2005, # 4 Exhibit D - Summary Plan Description and Prospectus for the New Penn Motor Express, Inc. 401(k) Retirement Plan dated March 5, 2007, # 5 Exhibit E - Summary Plan Description and Prospectus for the Yellow Roadway Corporation Retirement Savings Plan dated March 5, 2007, # 6 Exhibit F - YRC Regional Transportion, Inc. 401(K) Retirement Plan as Amended and Restated Effective January 1, 2006, # 7 Exhibit G - YRC Worldwide 401K Plan "Your Guide to Getting Started" for the year 2010, # 8 Exhibit H - Patrick Couch's YRC Worldwide, Inc. 401(k) Plan Retirement Savings Statement for Period of July 1, 2007 - September 30, 2007, # 9 Exhibit I - Daniel Cambra's YRC Worldwide, Inc. 401(k) Plan Retirement Savings Statement for Period of October 1, 2007 - December 31, 2007, # 10 Exhibit J - Eva Hanna's YRC Worldwide, Inc. 401(k) Plan Retirement Savings Statement for Period of July 1, 2007 - September 30, 2007)(Buffo, David) (Entered: 01/10/2011)
RESPONSE by Defendants Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re 102 MOTION For Class Certification.(Buffo, David) (Entered: 01/10/2011)
MEMORANDUM IN OPPOSITION by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna re 130 MOTION to Compel Production of Documents Responsive to Defendants' Requests Relating to Plaintiffs' Investments Outside of the Plan. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Lolli, Don) (Entered: 12/30/2010)
ORDER granting 137 joint stipulation for extension of time until January 28, 2011, for plaintiff to move to strike affirmative defenses. Signed by Magistrate Judge James P. O'Hara on 12/22/2010. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ah) (Entered: 12/22/2010)
Join STIPULATION/MOTION for extension of time For Plaintiffs to Move to Strike Affirmative Defenses by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 12/21/2010)
ORDER granting 135 joint motion for extension of time until 1/31/2011 for plaintiffs to file a motion to compel. Signed by Magistrate Judge James P. O'Hara on 12/13/2010. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (RA) (Entered: 12/13/2010)
Joint MOTION for extension of time to Extend Plaintiffs' Time to File Motion to Compel by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 12/10/2010)
ORDER granting 133 joint motion for extension of certain briefing deadlines. With regard to plaintiffs' class-certification motion (doc. 102 ), defendants' response is due 1/10/2011; plaintiffs' reply is due 2/18/2011. With regard to defendants' motion to compel (doc. 130 ), plaintiffs' response is due 12/30/2010; defendants' reply is due 1/13/2011. Signed by Magistrate Judge James P. O'Hara on 12/8/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (RA) (Entered: 12/08/2010)
Joint MOTION for extension of time of Class Certification and MOTION to Compel Briefing Schedules by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Buffo, David) (Entered: 12/08/2010)
NOTICE of Declaration of Ellen L. Perlioni by The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re 131 Memorandum in Support of 130 MOTION to Compel Production of Documents Responsive to Defendants' Requests Relating to Plaintiffs' Investments Outside of the Plan. (Attachments: # 1 Exhibit A - Defendants' First Request for Production of Documents to Eva L. Hanna, # 2 Exhibit B - Responses/Objections to First Request for Production of Documents to Plaintiff Eva L. Hanna, # 3 Exhibit C - Excerpts from Eva L. Hanna Deposition, # 4 Exhibit D - Excerpts from Patrick M. Couch Deposition)(Buffo, David) (Entered: 12/02/2010)
MEMORANDUM IN SUPPORT of 130 MOTION to Compel Production of Documents Responsive to Defendants' Requests Relating to Plaintiffs' Investments Outside of the Plan by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Buffo, David) (Entered: 12/02/2010)
MOTION to Compel Production of Documents Responsive to Defendants' Requests Relating to Plaintiffs' Investments Outside of the Plan by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Buffo, David) (Entered: 12/02/2010)
MEMORANDUM AND ORDER granting 72 Motion to Strike plaintiffs' jury demand. Signed by District Judge John W. Lungstrum on 11/29/2010. (ses) (Entered: 11/29/2010)
ANSWER to 37 Amended Complaint, Affirmative Defenses by The Benefits Administrative Committee, Michael T. Byrnes, Cassandra C. Carr, Daniel J. Churay, Dennis E. Foster, Phil Gaines, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, Phillip J. Meek, James Staley, Sheila Taylor, Timothy A. Wicks, William D. Zollars.(Griffin, James) (Entered: 11/29/2010)
ORDER granting 126 unopposed motion for extension of time until 12/2/2010 for defendants to file a motion to compel. Signed by Magistrate Judge James P. O'Hara on 11/17/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (RA) (Entered: 11/17/2010)
Unopposed MOTION for extension of time for Defendants to File Motion to Compel by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Buffo, David) (Entered: 11/17/2010)
CERTIFICATE OF SERVICE of Defendants' Answers and Objections to the ERISA Plaintiffs' First Set of Requests for Production of Documents by The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Buffo, David) (Entered: 11/15/2010)
ORDER granting 121 Motion for Extension of Brifing Schedule re 102 MOTION For Class Certification. Defendants' Response deadline is extended to 12/21/2010 and Plaintiffs' Reply deadline is extended to 1/28/2011. Signed by District Judge John W. Lungstrum on 11/12/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 11/12/2010)
Joint MOTION for Extension of Time to File Response/Reply as to 102 MOTION For Class Certification by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Tawana Franklin, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Entered: 11/12/2010)
ORDER granting 119 joint motion to set date for defendants to file a responsive pleading to the consolidated complaint or any amended complaint. Defendants shall file their responsive pleading by 11/29/2010. Signed by Magistrate Judge James P. O'Hara on 11/10/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (RA) (Entered: 11/10/2010)
Joint MOTION for Extension of Time to File Response as to 37 Amended Complaint, or Consolidated Complaint by Defendants Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars(Buffo, David) (Entered: 11/10/2010)
NOTICE by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars of taking deposition of Daniel J. Cambra on 11/22/2010. (Buffo, David) (Entered: 11/05/2010)
MEMORANDUM AND ORDER granting in part and denying in part 75 Motion to Dismiss or, Alternatively, for Summary Judgment. The motion is granted with respect to plaintiffs claim in Count I that defendants breached their fiduciary duty by failing to disclose information to plan participants; plaintiffs may amend their complaint as it relates to that claim on or before 11/12/2010. The motion is denied in all other respects. Signed by District Judge John W. Lungstrum on 10/29/2010. (mg) (Entered: 10/29/2010)
NOTICE OF SERVICE by Daniel J. Cambra of Responses and Objections to Defendants' First Request for Production of Documents to Plaintiff Daniel J. Cambra. (Lolli, Don) (Entered: 10/20/2010)
NOTICE OF SERVICE by Patrick M. Couch of Responses and Objections to Defendants' First Request for Production of Documents to Plaintiff Patrick Couch. (Lolli, Don) (Entered: 10/20/2010)
NOTICE OF SERVICE by Eva L. Hanna of Responses and Objections to Defendants' First Request for Production of Documents to Plaintiff Eva L. Hanna. (Lolli, Don) (Entered: 10/20/2010)
NOTICE OF SERVICE by The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars of First Set of Requests for Production of Documents to Eva L. Hanna. (Griffin, James) (Entered: 10/13/2010)
NOTICE OF SERVICE by The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars of FIrst Set of Requests for Production of Documents to Shirley F. Whitson. (Griffin, James) (Entered: 10/13/2010)
NOTICE OF SERVICE by The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars of First Set of Requests for Production of Documents to Patrick Couch. (Griffin, James) (Entered: 10/13/2010)
NOTICE OF SERVICE by The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars of First Set of Requests for Production of Documents to Tawana Franklin. (Griffin, James) (Entered: 10/13/2010)
NOTICE OF SERVICE by The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars of Defendants' First Set of Requests for Production to Daniel J. Cambra. (Griffin, James) (Entered: 10/13/2010)
AFFIDAVIT of Mark K. Gyandoh re 102 MOTION For Class Certification by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit Exhibit E)(Lolli, Don) (Duplicate text removed on 10/04/2010. (mg)) (Entered: 10/01/2010)
MEMORANDUM IN SUPPORT of 102 MOTION For Class Certification by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Entered: 10/01/2010)
MOTION For Class Certification by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Motion title modified on 10/4/2010. (mg)) (Entered: 10/01/2010)
CERTIFICATE OF SERVICE of ERISA Plaintiffs' First Set of Requests for Production of Documents by Daniel J. Cambra, Patrick M. Couch, Tawana Franklin, Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Entered: 09/28/2010)
NOTICE by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Tawana Franklin, Plaintiffs Eva L. Hanna, Shelley F. Whitson of taking deposition of YRCW Benefits Administrative Committee on October 28, 2010. (Lolli, Don) (Entered: 09/28/2010)
NOTICE by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Tawana Franklin, Plaintiffs Eva L. Hanna, Shelley F. Whitson of taking deposition of YRCW Worldwide, Inc. on October 27, 2010. (Lolli, Don) (Entered: 09/28/2010)
REPLY to Response to Motion by Defendants Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re: 75 MOTION to Dismiss or, in the Alternative, for Summary Judgment. (Buffo, David) (Entered: 09/15/2010)
REPLY to Response to Motion by Defendants Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re: 72 MOTION to Strike Jury Demand. (Buffo, David) (Entered: 09/15/2010)
ORDER granting 95 Motion for Extension of Class Certification Briefing Schedule. The Court extends the current deadline such that Plaintiffs Motion for Class Certification shall be due October 1, 2010, Defendants Response to the Motion for Class Certification shall be due November 30, 2010, and Plaintiffs Reply in support of the Motion for Class Certification shall be due January 15, 2011. Signed by District Judge John W. Lungstrum on 08/24/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 08/24/2010)
Unopposed MOTION for extension of Class Certification Briefing Schedule by Plaintiffs. (Lolli, Don) (Motion title modified on 8/25/2010. (mg)) (Entered: 08/24/2010)
ORDER granting 93 Motion to Appear Pro Hac Vice. Peter A. Muhic is granted leave to appear pro hac vice on behalf of Daniel J. Cambra, Patrick M. Couch, Tawana Franklin, Eva L. Hanna, and Shelley F. Whitson. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge James P. O'Hara on 08/11/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg) (Entered: 08/16/2010)
MOTION for attorney Peter A. Muhic to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number 1083-1822513.) by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Tawana Franklin, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Lolli, Don) (Entered: 08/11/2010)
RESPONSE by Plaintiffs Eva L. Hanna, Shelley F. Whitson re 75 MOTION to Dismiss or, in the Alternative, for Summary Judgment.(Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit Exhibit D)(Lolli, Don) (Entered: 08/06/2010)
MEDIATION MINUTE ORDER - The undersigned magistrate judge has reviewed the confidential settlement reports submitted by counsel in accordance with the consolidated scheduling order (doc. 41). Unfortunately, the parties' views about the merits, risks, and attendant settlement value of these cases are so markedly divergent that mediation at this early juncture probably would be complete waste of a great deal of time and money. Therefore, no mediation is ordered now. But the court intends to revisit the issue of ADR later, most likely soon after the pending dispositive motion (doc. 75) has been decided by the presiding U.S. District Judge, Hon. John W. Lungstrum. Signed by Magistrate Judge James P. O'Hara on 7/7/10.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(O'Hara, James) (Entered: 07/07/2010)
ORDER granting 88 Motion for Extension of Time to File Response/Reply re 75 MOTION to Dismiss or, in the Alternative, for Summary Judgment, and 72 MOTION to Strike Jury Demand. The Plaintiffs' Response deadline is extended to 8/6/2010 and Defendants' Reply deadline is extended to 9/15/2010. Signed by District Judge John W. Lungstrum on 07/02/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 07/02/2010)
Unopposed MOTION for Extension of Briefing Schedule as to 72 MOTION to Strike Jury Demand, and 75 MOTION to Dismiss or, in the Alternative, for Summary Judgment, by Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Modified on 7/2/2010. (mg)) (Entered: 07/01/2010)
ORDER granting 86 Motion to Appear Pro Hac Vice. Attorney Gregory M. Egleston for Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna, Shelley F. Whitson. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge James P. O'Hara on 06/24/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg) (Entered: 06/25/2010)
MOTION for attorney Gregory M. Egleston to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number 1083-1785747.) by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Lolli, Don) (Entered: 06/24/2010)
CERTIFICATE OF SERVICE of Supplemental Disclosures to their Initial Disclosures Pursuant to Federal Rules of Civil Procedure 26(a)(1) by Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Entered: 06/21/2010)
ORDER granting 83 Motion to Appear Pro Hac Vice. Julie Siebert-Johnson is granted leave to appear pro hac vice on behalf of Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna, and Shelley F. Whitson. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge James P. O'Hara on 06/11/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg) (Entered: 06/15/2010)
MOTION for attorney Julie Siebert-Johnson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number 1083-1774661.) by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Lolli, Don) (Entered: 06/11/2010)
ORDER granting 81 Unopposed Motion to Coordinate Motion to Strike Briefing Schedule with Motion to Dismiss briefing schedule. Signed by District Judge John W. Lungstrum on 06/09/2010. (ses) (Entered: 06/09/2010)
Unopposed MOTION to Coordinate Motion to Strike Briefing Schedule with Motion to Dismiss Briefing Schedule by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Entered: 06/09/2010)
ENTRY OF APPEARANCE by David Michael Buffo on behalf of Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Buffo, David) (Entered: 06/09/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Christina Wise waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 06/08/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Steve Yamasaki waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 06/07/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Steve Bruffett waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 06/07/2010)
MEMORANDUM IN SUPPORT of 75 MOTION to Dismiss or, in the Alternative, for Summary Judgment by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Attachments: # 1 Exhibit A - Couch Separation Agreement, # 2 Exhibit B - Whitson Separation Agreement, # 3 Exhibit C - Cambra Separation Agreement, # 4 Exhibit D - Hanna Separation Agreement, # 5 Exhibit E - Declaration of Harold Marshall)(Griffin, James) (Entered: 06/01/2010)
MOTION to Dismiss or, in the Alternative, for Summary Judgment by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Griffin, James) (Entered: 06/01/2010)
MEMORANDUM IN SUPPORT of 72 MOTION to Strike Jury Demand by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Griffin, James) (Entered: 06/01/2010)
MOTION to Strike Jury Demand by Defendants The Benefits Administrative Committee, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Griffin, James) (Entered: 06/01/2010)
REPLY Regarding ESI Issues by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson re 50 Order. (Lolli, Don) (Modified on 5/26/2010. (mg)) (Entered: 05/25/2010)
REPLY Regarding ESI Issues by Defendants Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars re 50 Order. (Griffin, James) (Modified on 5/26/2010 (mg)) (Entered: 05/25/2010)
(BRIEF) Submission Regarding ESI Issues by Defendants Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Griffin, James) (Entered: 05/21/2010)
(BRIEF) Memorandum of Law Regarding the Relevant Time Period for Discovery of ESI by Plaintiffs Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Entered: 05/21/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. William D. Zollars waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. YRC Worldwide, Inc. waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Timothy A. Wicks waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Sheila Taylor waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. James Staley waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Phillip J. Meek waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Harold D. Marshall waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Paul F. Liljegren waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. James G. Kissinger waiver sent on 4/26/2010, answer due 6/25/2010. (Lolli, Don) (Entered: 05/20/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Dennis E. Foster waiver sent on 04/26/2010, answer due 06/25/2010. (Lolli, Don) (Waiver sent and answer due dates corrected on 5/20/2010. (mg)) (Entered: 05/18/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Daniel J. Churay waiver sent on 04/26/2010, answer due 06/25/2010. (Lolli, Don) (Waiver sent and answer due dates corrected on 5/20/2010. (mg)) (Entered: 05/18/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Cassandra C. Carr waiver sent on 04/26/2010, answer due 06/25/2010. (Lolli, Don) (Waiver sent and answer due dates corrected on 5/20/2010. (mg)) (Entered: 05/18/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. Michael T. Byrnes waiver sent on 04/26/2010, answer due 06/25/2010. (Lolli, Don) (Waiver sent and answer due dates corrected on 5/20/2010. (mg)) (Entered: 05/18/2010)
WAIVER OF SERVICE Returned Executed by Tawana Franklin. The Benefits Administrative Committee, waiver sent on 04/26/2010, answer due 06/25/2010. (Lolli, Don) (Waiver sent and answer due dates corrected on 5/20/2010. (mg)) (Entered: 05/18/2010)
ORDER granting 48 Motion to Consolidate Newly Filed Case. Civil Case #10-2232-EFM/DWB is hereby consolidated with the Consolidated ERISA Actions, Master Docket In re: YRCW Worldwide, Inc. ERISA Litigation, Case #09-02593-JWL/JPO, for all further proceedings. Signed by District Judge John W. Lungstrum on 05/12/2010. (mg) (Entered: 05/12/2010)
MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: STATUS CONFERENCE held on 5/11/2010. (TEXT ENTRY FOR STATISTICAL PURPOSES ONLY. There is no.pdf document associated with this entry.) (kg) (Entered: 05/11/2010)
ORDER regarding parties' joint motion to govern protocol for discovery of electronically stored information (ESI) (doc. 46). As discussed during the telephone status conference with counsel on 5/11/10, the court believes briefs would be very helpful in deciding the issues presented by this motion, i.e., (1) whether the relevant time period for discovery of ESI extends to the present and continues until at least the fact discovery cutoff (4/1/11); and (2) whether likewise there should be a continuing duty to provide privilege logs for such ESI post-dating the filing of plaintiffs' consolidated complaint (doc. 37) on 4/1/10. The parties shall simultaneously file their briefs addressing these issues, limited to 7 double-spaced pages, by 4:00 PM (CDST) on 5/21/10. The parties shall simultaneously file any reply briefs, limited to 2 double-spaced pages, by 4:00 PM (CDST) on 5/25/10. The court will then endeavor to decide the motion promptly even though it expects to be in jury trial most if not all of the week of 5/24/10. Signed by Magistrate Judge James P. O'Hara on 5/11/10.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (O'Hara, James) (Fact discovery cutoff date corrected to reflect 04/01/11. (mg)) (Entered: 05/11/2010)
NOTICE OF HEARING: Status Conference set for 5/11/2010 at 1:00 PM CDST by telephone before Magistrate Judge James P. O'Hara. All counsel participating in this phone conference are directed to call the conference operator at 1-866-207-5448 no later than 1:00 PM on 5/11/2010. The conference access code is 74959335. (kg) (Entered: 05/10/2010)
MOTION to Consolidate Cases -- Newly Filed Case by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Entered: 05/10/2010)
CERTIFICATE OF SERVICE of Defendants' Initial Disclosures by Benefits Administrative Committee, The, Steve Bruffett, Daniel J. Churay, Phil Gaines, John Does 1-20, James G. Kissinger, Paul F. Liljegren, Harold D. Marshall, James Staley, Sheila Taylor, Christina Wise, YRC Worldwide, Inc., Steve Yamasaki, William D. Zollars. (Griffin, James) (Entered: 05/03/2010)
Joint MOTION for Conference Call with the Court Regarding Entry of a Proposed Protocol to Govern Discovery of Electronically Stored Information by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Exhibit A)(Lolli, Don) (Entered: 04/30/2010)
CERTIFICATE OF SERVICE of Plaintiffs' Initial Disclosures Pursuant to Federal Rules of Civil Procedure 26(a)(1) by Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna, Shelley F. Whitson. (Lolli, Don) (Entered: 04/30/2010)
PROTECTIVE ORDER. The court finds good cause to enter the parties' agreed protective order. Signed by Magistrate Judge James P. O'Hara on 4/27/2010.(RA) (Entered: 04/27/2010)
ORDER granting 42 Motion to Appear Pro Hac Vice. Robert A. Izard, Jr. is granted leave to appear pro hac vice on behalf of Daniel J. Cambra, Patrick M. Couch, Eva L. Hanna, and Shelley F. Whitson. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge James P. O'Hara on 04/16/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg) (Entered: 04/16/2010)
MOTION for attorney Robert A. Izard to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number 1083-1729979.) by Consol Plaintiffs Daniel J. Cambra, Patrick M. Couch, Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Affidavit, # 2 ECF Registration Form)(Lolli, Don) (Entered: 04/16/2010)
CONSOLIDATED SCHEDULING ORDER: Dispositive motion deadline 10/31/2011. Proposed Pretrial Order due by 9/6/2011. Final Pretrial Conference set for 9/16/2011 at 9:00 AM in Courtroom 236 before Magistrate Judge James P. O'Hara. Trial set for 3/6/2012 at 9:30 AM in Courtroom 427 before District Judge John W. Lungstrum; estimated trial time 10-15 days. SEE ORDER FOR ANY ADDTIIONAL SCHEDULED DEADLINES AND HEARINGS. Signed by Magistrate Judge James P. O'Hara on 4/14/2010.(kg) (Entered: 04/14/2010)
MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 4/14/2010. (TEXT ENTRY FOR STATISTICAL PURPOSES ONLY. There is no.pdf document associated with this entry.) (kg) (Entered: 04/14/2010)
MINUTE ORDER. Scheduling conference set for 4/14/2010 at 9:00 AM by telephone before Magistrate Judge James P. O'Hara. All counsel participating in this phone conference are directed to call the conference operator at 1-866-207-5448 no later than 9:00 AM on 4/14/2010. The conference access code is 69220319. Signed by deputy clerk on 4/13/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kg) (Entered: 04/13/2010)
NOTICE OF HEARING: Please note the scheduling conference is set for 4/14/2010 at 9:00 AM by telephone before Magistrate Judge James P. O'Hara. The court will initiate the conference call. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kg) (Entered: 04/12/2010)
AMENDED COMPLAINT (Consolidated Complaint) against The Benefits Administrative Committee, John Does 1-20, Harold D. Marshall, YRC Worldwide, Inc., William D. Zollars, filed by Eva L. Hanna, Daniel J. Cambra, Shelley F. Whitson, Patrick M. Couch. (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)(Lolli, Don) (Entered: 04/01/2010)
MINUTE ORDER. The Report of Parties Planning Meeting deadline is extended to 4/5/2010. Signed by deputy clerk on 3/17/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kg) (Entered: 03/17/2010)
MINUTE ORDER. Upon the informal request of counsel, the scheduling conference is continued to 4/14/2010 at 10:30 AM, by telephone, before Magistrate Judge James P. O'Hara. The court will initiate the call. The parties' completed report of planning conference remains due March 26, 2010. Signed by deputy clerk on 3/17/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(kg) (Entered: 03/17/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. William D. Zollars waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. YRC Worldwide, Inc. waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Timothy A. Wicks waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Carl W. Vogt waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. William L. Trubeck waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Mark A. Schulz waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Phillip J. Meek waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Harold D. Marshall waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Dennis E. Foster waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Howard M. Dean waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Cassandra C. Carr waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Michael T. Byrnes waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
WAIVER OF SERVICE Returned Executed by Patrick M. Couch. Benefits Administrative Committee, The waiver sent on 2/18/2010, answer due 4/19/2010. (Lolli, Don) (Entered: 03/15/2010)
ORDER granting 20 motion to withdraw as attorney. Counsel should take note of D. Kan. R. 83.5.5(b), which permits withdrawal without court order if the client continues to be represented by other counsel of record. Signed by Magistrate Judge James P. O'Hara on 3/9/2010.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ah) (Entered: 03/09/2010)
ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/2/2010 at 1:30 PM by telephone before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 3/26/2010. Signed by Magistrate Judge James P. O'Hara on 3/3/2010.(kg) (Entered: 03/03/2010)
RENEWED PRETRIAL ORDER NO. 1 CONSOLIDATING CASES, APPOINTING INTERIM CLASS COUNSEL, AND ESTABLISHING PRETRIAL PROCEDURES: Civil Cases #09-2593-JWL/JPO, #09-2617-JWL/JPO, and #10-2023-JWL/JPO are consolidated for all further proceedings. Case #09-2593-JWL/JPO has been designated as the lead case. All future e-filings are to be made in the LEAD CASE ONLY unless directed otherwise by this court. Plaintiffs will file a Consolidated Complaint within thirty (30) days of the entry of this Order. Signed by District Judge John W. Lungstrum on 02/26/2010.(mg) (Entered: 03/02/2010)
DOCKET ANNOTATION: For clarification, the referral of this case to Magistrate Judge O'Hara, referenced in the 16 Minute Sheet from 2/4/2010 motion hearing, is for pretrial proceedings only. (ses) (Entered: 02/18/2010)
MINUTE ENTRY for proceedings held before District Judge John W. Lungstrum: MOTION HEARING held on 2/4/2010 re 3 MOTION to Consolidate Cases and Appoint Interim Lead Counsel filed by Eva L. Hanna, Shelley F. Whitson - The Court grants this motion and the parties are to prepare a proposed order for the court's approval. All three cases are referred to Magistrate Judge James P. O'Hara for all further proceedings. Plaintiffs shall file a consolidated amended complaint on or before 02/24/2010.(Court Reporter Becky Ryder.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) (Entered: 02/05/2010)
ORDER granting 14 Motion to Appear Pro Hac Vice. Attorneys Charles C. Jackson, Christopher A. Weals, and Ellen L. Perlioni are granted leave to appear pro hac vice on behalf of Defendants The Benefits Administrative Committee, Harold D. Marshall, YRC Worldwide, Inc., William D. Zollars. If pro hac vice counsel has not already done so, counsel is directed to immediately register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/forms/index.php. Signed by Magistrate Judge Gerald L. Rushfelt on 2/4/10.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mm) (Attorneys names added on 2/4/2010. (mg)) (Entered: 02/04/2010)
MOTION for attorney Charles C. Jackson, Christopher A. Weals, Ellen L. Perlioni to appear pro hac vice (Pro hac vice fee $150, Internet Payment Receipt Number 1083-1674224.) by Defendants The Benefits Administrative Committee, Harold D. Marshall, YRC Worldwide, Inc., William D. Zollars. (Attachments: # 1 Affidavit of Charles C. Jackson, # 2 Affidavit of Ellen L. Perlioni, # 3 Affidavit of Christopher A. Weals, # 4 ECF Registration Form of Charles C. Jackson, # 5 ECF Registration Form of Ellen L. Perlioni, # 6 ECF Registration Form of Christopher A. Weals)(Griffin, James) (Entered: 02/03/2010)
ENTRY OF APPEARANCE by James D. Griffin on behalf of The Benefits Administrative Committee, Harold D. Marshall, YRC Worldwide, Inc., William D. Zollars. (Griffin, James) (Entered: 02/03/2010)
NOTICE OF TELEPHONE CONFERENCE: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Status Conference set for 2/4/2010 at 03:30 PM before District Judge John W. Lungstrum. All counsel who wish to participate in this conference call are directed to call the conference operator at 1-866-207-0261 no later than 3:30 PM on 2/4/2010. The conference access code is #55222454.(ses) (Entered: 02/03/2010)
WAIVER OF SERVICE Returned Executed by Eva L. Hanna, Shelley F. Whitson. William D. Zollars waiver sent on 1/4/2010, answer due 3/5/2010. (Nygaard, Diane) (Entered: 01/08/2010)
WAIVER OF SERVICE Returned Executed by Eva L. Hanna, Shelley F. Whitson. Harold D. Marshall waiver sent on 1/4/2010, answer due 3/5/2010. (Nygaard, Diane) (Entered: 01/08/2010)
WAIVER OF SERVICE Returned Executed by Eva L. Hanna, Shelley F. Whitson. Benefits Administrative Committee, The waiver sent on 1/4/2010, answer due 3/5/2010. (Nygaard, Diane) (Entered: 01/08/2010)
WAIVER OF SERVICE Returned Executed by Eva L. Hanna, Shelley F. Whitson. YRC Worldwide, Inc. waiver sent on 1/4/2010, answer due 3/5/2010. (Nygaard, Diane) (Entered: 01/08/2010)
AFFIDAVIT of Edward W. Ciolko re 3 MOTION to Consolidate Cases and Appoint Interim Lead Counsel by Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Nygaard, Diane) (Entered: 12/23/2009)
AFFIDAVIT of Diane A. Nygaard re 3 MOTION to Consolidate Cases and Appoint Interim Lead Counsel by Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Exhibit A)(Nygaard, Diane) (Entered: 12/23/2009)
AFFIDAVIT of Robert A. Izard re 3 MOTION to Consolidate Cases and Appoint Interim Lead Counsel by Plaintiffs Eva L. Hanna, Shelley F. Whitson. (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)(Nygaard, Diane) (Entered: 12/23/2009)
MEMORANDUM IN SUPPORT of 3 MOTION to Consolidate Cases and Appoint Interim Lead Counsel by Plaintiffs Eva L. Hanna, Shelley F. Whitson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Nygaard, Diane) (Entered: 12/23/2009)
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