Victor Yustman et al v. United Airlines, Inc. et al
| Illinois Northern District Court | |
| Judge: | Robert M Dow, Jr |
| Case #: | 1:22-cv-01311 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1132 E.R.I.S.A.-Employee Benefits |
| Case Filed: | Mar 11, 2022 |
| Terminated: | May 12, 2022 |
| Last checked: Wednesday Sep 07, 2022 3:42 AM CDT |
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Defendant
Inc United Airlines
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Represented By
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Defendant
United Airlines Consolidated Welfare Benefit Plan
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Represented By
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Defendant
United Airlines Frontline Voluntary Separation Leave Program
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Represented By
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Defendant
United Airlines Retiree Medical Program
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Represented By
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Plaintiff
MARIA DEGLAUVE
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Represented By
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Plaintiff
VICTORIA FELLOWS
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Represented By
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Plaintiff
Ernest Hewson
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Represented By
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Plaintiff
RON OZAKI
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Represented By
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Plaintiff
Bernhard J. Ornellas
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Represented By
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Plaintiff
VICTOR YUSTMAN
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Represented By
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| Docket last updated: 04/05/2022 5:36 PM CDT |
| Monday, December 06, 2021 | ||
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COMPLAINT Receipt No: ACACDC-32430459 - Fee: $402, filed by Plaintiffs MARIA DEGLAUVE, VICTORIA FELLOWS, RON OZAKI, VICTOR YUSTMAN, BERNHARD J ORNELLAS. (Attorney Elizabeth Hopkins added to party MARIA DEGLAUVE(pty:pla), Attorney Elizabeth Hopkins added to party VICTORIA FELLOWS(pty:pla), Attorney Elizabeth Hopkins added to party BERNHARD J ORNELLAS(pty:pla), Attorney Elizabeth Hopkins added to party RON OZAKI(pty:pla), Attorney Elizabeth Hopkins added to party VICTOR YUSTMAN(pty:pla))(Hopkins, Elizabeth) [Transferred from California Central on 3/11/2022.]
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CIVIL COVER SHEET filed by Plaintiffs MARIA DEGLAUVE, VICTORIA FELLOWS, BERNHARD J ORNELLAS, RON OZAKI, VICTOR YUSTMAN. (Hopkins, Elizabeth) [Transferred from California Central on 3/11/2022.]
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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,1 filed by Plaintiffs MARIA DEGLAUVE, VICTORIA FELLOWS, BERNHARD J ORNELLAS, RON OZAKI, VICTOR YUSTMAN. (Hopkins, Elizabeth) [Transferred from California Central on 3/11/2022.]
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NOTICE of Interested Parties filed by Plaintiffs MARIA DEGLAUVE, VICTORIA FELLOWS, BERNHARD J ORNELLAS, RON OZAKI, VICTOR YUSTMAN, (Hopkins, Elizabeth) [Transferred from California Central on 3/11/2022.]
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| Wednesday, December 08, 2021 | ||
| Judge Dale S. Fischer and Magistrate Judge John E. McDermott added. (jtil) [Transferred from California Central on 3/11/2022.] | ||
| ***Set Flag(s): (JEMx). DISCOVERY. (jtil) [Transferred from California Central on 3/11/2022.] | ||
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NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge John E. McDermott. (jtil) [Transferred from California Central on 3/11/2022.]
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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 3/11/2022.]
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Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) [Transferred from California Central on 3/11/2022.]
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| Thursday, December 09, 2021 | ||
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STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) [Transferred from California Central on 3/11/2022.]
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21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),,1 as to Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. (jtil) [Transferred from California Central on 3/11/2022.]
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| Tuesday, December 14, 2021 | ||
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WAIVER OF SERVICE Returned Executed filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ron Ozaki, Victor Yustman, Bernhard J. Ornellas, Ernest Hewson. upon United Airlines Consolidated Welfare Benefit Plan waiver sent by Plaintiff on 12/13/2021, answer due 2/11/2022; United Airlines Frontline Voluntary Separation Leave Program waiver sent by Plaintiff on 12/13/2021, answer due 2/11/2022; United Airlines Retiree Medical Program waiver sent by Plaintiff on 12/13/2021, answer due 2/11/2022; United Airlines, Inc. waiver sent by Plaintiff on 12/13/2021, answer due 2/11/2022. Waiver of Service signed by Tristan Morales, Esq. of O'Melveny & Myers, LLP. (Meter, Susan) [Transferred from California Central on 3/11/2022.]
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| Friday, February 04, 2022 | ||
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NOTICE of Appearance filed by attorney Michael Tristan Morales on behalf of Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. (Attorney Michael Tristan Morales added to party United Airlines Consolidated Welfare Benefit Plan(pty:dft), Attorney Michael Tristan Morales added to party United Airlines Frontline Voluntary Separation Leave Program(pty:dft), Attorney Michael Tristan Morales added to party United Airlines Retiree Medical Program(pty:dft), Attorney Michael Tristan Morales added to party United Airlines, Inc.(pty:dft))(Morales, Michael) [Transferred from California Central on 3/11/2022.]
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| Friday, February 11, 2022 | ||
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NOTICE of Appearance filed by attorney Brian David Boyle on behalf of Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. (Attorney Brian David Boyle added to party United Airlines Consolidated Welfare Benefit Plan(pty:dft), Attorney Brian David Boyle added to party United Airlines Frontline Voluntary Separation Leave Program(pty:dft), Attorney Brian David Boyle added to party United Airlines Retiree Medical Program(pty:dft), Attorney Brian David Boyle added to party United Airlines, Inc.(pty:dft))(Boyle, Brian) [Transferred from California Central on 3/11/2022.]
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NOTICE of Appearance filed by attorney Jason Matthew Zarrow on behalf of Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. (Attorney Jason Matthew Zarrow added to party United Airlines Consolidated Welfare Benefit Plan(pty:dft), Attorney Jason Matthew Zarrow added to party United Airlines Frontline Voluntary Separation Leave Program(pty:dft), Attorney Jason Matthew Zarrow added to party United Airlines Retiree Medical Program(pty:dft), Attorney Jason Matthew Zarrow added to party United Airlines, Inc.(pty:dft))(Zarrow, Jason) [Transferred from California Central on 3/11/2022.]
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Certification and NOTICE of Interested Parties filed by Defendants All Defendants, identifying United Airlines Holdings, Inc. and Zurich American Insurance Company. (Morales, Michael) [Transferred from California Central on 3/11/2022.]
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CORPORATE DISCLOSURE STATEMENT filed by Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. identifying United Airlines Holdings, Inc. as Corporate Parent. (Morales, Michael) [Transferred from California Central on 3/11/2022.]
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NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof filed by Defendant United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc.. Motion set for hearing on 3/14/2022 at 01:30 PM before Judge Dale S. Fischer. (Boyle, Brian) [Transferred from California Central on 3/11/2022.]
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Att: 1
Declaration of Lincoln Lounsbury,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F
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NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Northern District of Illinois filed by Defendant United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc.. Motion set for hearing on 3/14/2022 at 01:30 PM before Judge Dale S. Fischer. (Boyle, Brian) [Transferred from California Central on 3/11/2022.]
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Att: 1
Declaration of Lincoln Lounsbury,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F
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| Monday, February 14, 2022 | ||
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ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 3/28/2022 at 11:00 AM before Judge Dale S. Fischer. (rfi) [Transferred from California Central on 3/11/2022.]
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| Tuesday, February 15, 2022 | ||
| ***Attorney Scott M. Lempert for Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki and Victor Yustman added. (lt) [Transferred from California Central on 3/11/2022.] | ||
| ***Terminate Motion - clean up utility only as to APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid)19 . Pursuant to Order23 STRICKEN item no 19. (jp) [Transferred from California Central on 3/11/2022.] | ||
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[DOCUMENT STRICKEN PER ORDER DATED ON 2/15/2022, SEE DOCKET ENTRY NO.23 ] - APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid on 2/15/2022, Receipt No. 32792791) filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Attorney Elizabeth Hopkins added to party Ernest Hewson(pty:pla)) (Hopkins, Elizabeth) Modified on 2/15/2022 (jp). [Transferred from California Central on 3/11/2022.]
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Att: 1
Proposed Order
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Notice of Appearance or Withdrawal of Counsel: for attorney Susan L Meter counsel for Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. Adding Susan L. Meter as counsel of record for Plaintiffs Victor Yustman, Victoria Fellows, Maria Deglauve, Ron Ozaki, Bernhard J. Ornellas, and Ernest Hewson, individually and on behalf of all others similarly situated for the reason indicated in the G-123 Notice. Filed by Plaintiffs Victor Yustman, Victoria Fellows, Maia Deglauve, Ron Ozaki, Bernhard J. Ornellas, and Ernest Hewson, individually and on behalf of all others similarly situated. (Attorney Susan L Meter added to party Maria Deglauve(pty:pla), Attorney Susan L Meter added to party Victoria Fellows(pty:pla), Attorney Susan L Meter added to party Ernest Hewson(pty:pla), Attorney Susan L Meter added to party Bernhard J. Ornellas(pty:pla), Attorney Susan L Meter added to party Ron Ozaki(pty:pla), Attorney Susan L Meter added to party Victor Yustman(pty:pla))(Meter, Susan) [Transferred from California Central on 3/11/2022.]
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NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid19 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.2(a) Applicant resides in California. Other error(s) with document(s): There is a question as to which state Mr. Lempert works. Application has attorney in PA. PA and NJ bars have him in DC; and DC bar has him in CA. (lt) [Transferred from California Central on 3/11/2022.] (Entered: 02/15/2022)
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Joint STIPULATION to Continue hearing and briefing on Defendants' Motion to Dismiss complaint and Motion to Transfer from Hearing Date of March 14, 2022; Plaintiffs' response date of February 18, 2022; Defendants' reply date of February 28, 2022 to Hearing Date of March 28, 2022; Plaintiffs' response date of March 7, 2022; Defendants' reply date of March 14, 2022 Re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof 16 , NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Northern District of Illinois 17 filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman.(Hopkins, Elizabeth) [Transferred from California Central on 3/11/2022.]
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Att: 1
Proposed Order
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RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid)19 by Clerk of Court to Judge Dale S. Fischer. The document is stricken and counsel is ordered to file an amended or corrected document by 2/25/2022. (jp) [Transferred from California Central on 3/11/2022.]
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| Thursday, February 17, 2022 | ||
| ***Attorney Scott M. Lempert for Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki and for Victor Yustman added. (lt) [Transferred from California Central on 3/11/2022.] | ||
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ORDER by Judge Dale S. Fischer GRANTING Joint Stipulation to Continue Hearing and Briefing22 on Defendants' Motion to Dismiss Complaint16 and Motion to Transfer17 to 3/28/2022 at 01:30 PM. See Order for specifics. (jp) [Transferred from California Central on 3/11/2022.]
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[DOCUMENT STRICKEN PER ORDER DATED ON 2/24/2022, SEE DOCKET ENTRY N.27 ] - Amended APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously Paid on 2/15/2022, Receipt No. 32792791) filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Hopkins, Elizabeth). Modified on 2/24/2022 (jp). [Transferred from California Central on 3/11/2022.]
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Att: 1
Proposed Order
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| Wednesday, February 23, 2022 | ||
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NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Amended APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previousl25 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): NJ and PA missing. (lt) [Transferred from California Central on 3/11/2022.] (Entered: 02/23/2022)
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| Thursday, February 24, 2022 | ||
| ***Terminate Motion - clean up utility only as to Amended APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously)25 . Pursuant to Order27 STRICKEN item no 25. (jp) [Transferred from California Central on 3/11/2022.] | ||
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RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Amended APPLICATION of Non-Resident Attorney Scott Michael Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500 Previously)25 by Clerk of Court to Judge Dale S. Fischer. The document is stricken and counsel is ordered to file an amended or corrected document by 3/7/2022. (jp) [Transferred from California Central on 3/11/2022.]
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| Tuesday, March 01, 2022 | ||
| ***Attorney Scott M. Lempert for Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki and for Victor Yustman added. (lt) [Transferred from California Central on 3/11/2022.] | ||
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Amended APPLICATION of Non-Resident Attorney Scott M. Lempert to Appear Pro Hac Vice on behalf of Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman (Pro Hac Vice Fee - $500.00 Previously Paid on 2/15/2022, Receipt No. 32792791) filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Hopkins, Elizabeth) [Transferred from California Central on 3/11/2022.]
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Att: 1
Proposed Order
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| Wednesday, March 02, 2022 | ||
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FIRST AMENDED COMPLAINT against Defendants United Airlines Consolidated Welfare Benefit Plan, United Airlines Frontline Voluntary Separation Leave Program, United Airlines Retiree Medical Program, United Airlines, Inc. amending Complaint (Attorney Civil Case Opening),,1 JURY DEMAND, filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Ron Ozaki, Victor Yustman, Bernhard J. Ornellas(Meter, Susan) [Transferred from California Central on 3/11/2022.]
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AMENDED CIVIL COVER SHEET filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Meter, Susan) [Transferred from California Central on 3/11/2022.]
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| Monday, March 07, 2022 | ||
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NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Northern District of Illinois 17 filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman. (Hopkins, Elizabeth) [Transferred from California Central on 3/11/2022.]
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| Thursday, March 10, 2022 | ||
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Joint STIPULATION to Vacate March 28, 2022 Hearing and Other Deadlines Pending Decision on Defendants' Unopposed Motion to Transfer filed by Plaintiffs Maria Deglauve, Victoria Fellows, Ernest Hewson, Bernhard J. Ornellas, Ron Ozaki, Victor Yustman.(Meter, Susan) [Transferred from California Central on 3/11/2022.]
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Att: 1
Proposed Order
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| Friday, March 11, 2022 | ||
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ORDER by Judge Dale S. Fischer GRANTING MOTION to Transfer17 this action to the Northern District of Ilinois Pursuant to 28 USC section 1040. Case transferred electronically. (MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 3/11/2022.]
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RECEIVED from California Central; Case Number 2:21-cv-09432 (nsf)
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MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Telephone status hearing is set for 3/25/2022 at 9:15 AM. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 business days prior to the status. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, )
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