Nicol et al v. Lyme Computer Systems, Inc. et al
| New Hampshire District Court | |
| Judge: | Paul J Barbadoro |
| Referred: | Andrea K Johnstone |
| Case #: | 1:23-cv-00019 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 28:1132 E.R.I.S.A. |
| Case Filed: | Jan 15, 2023 |
| Terminated: | Jul 09, 2024 |
| Last checked: Friday Jul 14, 2023 5:08 AM EDT |
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Defendant
Joshua Longacre
240 Mechanic Street Suite 301
Lebanon, NH 03766 |
Represented By
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Defendant
Lyme Computer Systems, Inc.
240 Mechanic Street Suite 301
Lebanon, NH 03766 |
Represented By
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Defendant
Michael Nagy
240 Mechanic Street Suite 301
Lebanon, NH 03766 |
Represented By
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Defendant
Andrew Sullivan
240 Mechanic Street Suite 301
Lebanon, NH 03766 |
Represented By
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Defendant
Henry S. Flickinger, Jr.
240 Mechanic Street Suite 301
Lebanon, NH 03766 |
Represented By
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Plaintiff
William McCarthy
25 Town Line Drive
Cornish, NH 03745 |
Represented By
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Plaintiff
Stephen T. Micare
19 Brook Road
Orford, NH 03777 |
Represented By
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Plaintiff
Linda Neubelt
129 Philbrick Street
Farmington, ME 04938 |
Represented By
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Plaintiff
Colin Nicol
374 Bahia Avenue
Key Largo, FL 33037 |
Represented By
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Plaintiff
Teresa Orechovesky
2012 Element Circle
Garner, NC 27529 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
Lyme Computer Systems, Inc. Employee Stock Ownership Plan
Terminated: 04/17/2023
240 Mechanic Street Suite 301
Lebanon, NH 03766 |
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| Docket last updated: 05/16/2025 11:59 PM EDT |
| Tuesday, July 09, 2024 | ||
| 25 | 25
1
pgs
order
Judgment
Tue 07/09 4:20 PM
JUDGMENT is hereby entered in accordance with 24 Stipulation of Dismissal, Endorsed Order on Motion to Dismiss. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (jwb) |
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| 24 | 24
misc
Stipulation of Dismissal
Tue 07/09 2:51 PM
///STIPULATION of Dismissal as to the case by William McCarthy, Stephen T. Micare, Linda Neubelt, Colin Nicol, Teresa Orechovesky(Cole, Carolyn) |
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| Monday, July 08, 2024 | ||
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order
Order on Motion to Compel
Mon 07/08 3:49 PM
ENDORSED ORDER denying as moot 21 Motion to Compel Production of Documents and Answers to Interrogatories. Text of Order: The pending motion to compel is denied as moot in light of settlement. So Ordered by Judge Paul J. Barbadoro.(jwb) |
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| Monday, July 01, 2024 | ||
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order
Mediation Report
Mon 07/08 1:01 PM
MEDIATION REPORT: The parties successfully resolved the case following mediation sessions held on June 27, 2024, and June 28, 2024. Case Settlement Deadline 7/31/2024. So Ordered by US Magistrate Judge Andrea K Johnstone.(bf) |
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| Friday, June 28, 2024 | ||
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minutes
Settlement Conference/Mediation
Mon 07/01 9:26 AM
Minute Entry for proceedings held before US Magistrate Judge Andrea K Johnstone. MEDIATION held on 6/27/2024 & 6/28/2024. The parties successfully resolved the case. (Pltfs Atty: Carolyn Cole) (Defts Atty: Kevin Sibbernsen)(Total Hearing Time: 6/27/2024 8 hr; 6/28/2024 7 hr 42 min) (bf) |
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| Monday, June 24, 2024 | ||
| 22 | 22
15
pgs
respm
Objection to Motion
Mon 06/24 5:39 PM
OBJECTION to21 MOTION to Compel Production of Documents and Answers to Interrogatories filed by Lyme Computer Systems, Inc.. Follow up on Reply on 7/1/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Theodore, Ashley) |
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Att: 1
8 pgs
Exhibit Ex. A - Second Supplemental Production to 1st RPD,
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Att: 2
5 pgs
Exhibit Ex. B - Supplemental Responses to Ist Int and 2nd RPD
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| Monday, June 10, 2024 | ||
| 21 | 21
22
pgs
motion
Compel
Mon 06/10 8:46 PM
MOTION to Compel Production of Documents and Answers to Interrogatories filed by William McCarthy, Stephen T. Micare, Linda Neubelt, Colin Nicol, Teresa Orechovesky.Follow up on Objection on 6/24/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cole, Carolyn) |
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Att: 1
2 pgs
Exhibit 1. Email dated Dec. 4, 2023,
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Att: 2
Exhibit 2. Email dated Dec. 18, 2023,
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Att: 3
Exhibit 3. Email dated Feb. 5, 2024,
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Att: 4
Exhibit 4. Email dated Feb. 14, 2024,
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Att: 5
Exhibit 5. Email dated Feb. 28, 2024,
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Att: 6
Exhibit 6. Email dated March 28, 2024,
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Att: 7
Exhibit 7. Email dated Apr. 22, 2024,
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Att: 8
1 pgs
Exhibit 8. Email dated Apr. 24, 2024,
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Att: 9
9 pgs
Exhibit 9. Def. Answers to 2nd RPD and Interrogatories,
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Att: 10
4 pgs
Exhibit 10. Plaintiffs' Supplemental Request for Answers to 2nd RPD and Interrogatories,
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Att: 11
3 pgs
Exhibit (Affidavit) 11. Affidavit of Stephen Micare,
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Att: 12
4 pgs
Exhibit (Affidavit) 12. Affidavit of Robert Moody
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| Monday, May 20, 2024 | ||
| 20 | 20
notice
Mediation Notice
Tue 05/28 8:54 AM
NOTICE of Mediation. Mediation set for 6/27/2024 09:00 AM and 6/28/2024 09:00 AM before US Magistrate Judge Andrea K Johnstone.(bf) |
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| Thursday, May 16, 2024 | ||
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minutes
Scheduling Conference
Thu 05/16 12:24 PM
Minute Entry for proceedings held before US Magistrate Judge Andrea K Johnstone. PRE-MEDIATION CONFERENCE held on 5/16/2024. (Pltfs Atty: Carolyn Cole) (Defts Atty: Kevin Sibbernsen)(Total Hearing Time: 13 min) (bf) |
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| Monday, May 13, 2024 | ||
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notice
Hearing Notice
Mon 05/13 2:35 PM
NOTICE of Hearing. Pre-mediation Conference set for 5/16/2024 at 11:30 AM before US Magistrate Judge Andrea K Johnstone.(bf) |
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| Friday, May 10, 2024 | ||
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order
Order on Motion for Miscellaneous Relief
Mon 05/13 8:21 AM
ENDORSED ORDER granting 19 Motion to schedule Mediation with Magistrate Judge Johnstone. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(jwb) |
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| Wednesday, May 08, 2024 | ||
| 19 | 19
motion
Miscellaneous Relief
Wed 05/08 3:19 PM
Joint Assented to MOTION to schedule Mediation with Magistrate Judge Johnstone filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan.(Sibbernsen, Kevin) |
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| Thursday, February 29, 2024 | ||
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order
Order on Motion to Continue and Extend Deadlines
Thu 02/29 1:10 PM
ENDORSED ORDER granting 18 Motion to Continue and Extend Deadlines. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (jwb) |
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notice
Trial Notice
Thu 02/29 1:13 PM
TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 2/4/2025 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 1/21/2025 03:00 PM before Judge Paul J. Barbadoro. Pretrial Statements due 1/6/2025. JERS Statement due 1/6/2025. LR 16.2(d) Objections due 1/21/2025. (jwb) |
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| Wednesday, February 28, 2024 | ||
| 18 | 18
motion
Continue and Extend Deadlines
Wed 02/28 2:39 PM
Joint Assented to MOTION to Continue and Extend Deadlines established in the Court's July 13, 2023 Scheduling Order filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan.(Sibbernsen, Kevin) |
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Att: 1
Attachment to Exhibit Civil Form 3
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| Friday, January 26, 2024 | ||
| 17 | 17
1
pgs
order
Order
Fri 01/26 11:45 AM
RULE 502(d) ORDER. So Ordered by Judge Paul J. Barbadoro.(jwb) |
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order
Protective Order
Fri 01/26 11:44 AM
PROTECTIVE ORDER. So Ordered by Judge Paul J. Barbadoro.(jwb) |
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order
Order on Motion for Protective Order
Fri 01/26 11:43 AM
ENDORSED ORDER granting 15 Motion for Protective Order. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(jwb) |
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| Wednesday, January 24, 2024 | ||
| 15 | 15
motion
Protective Order
Wed 01/24 3:08 PM
Assented to MOTION for Protective Order filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan.(Sibbernsen, Kevin) |
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Att: 1
Proposed Order Ex A Stipulated Draft of Protective Order,
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Att: 2
Proposed Order Ex B Rule 502(d) Order
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| Friday, August 25, 2023 | ||
| 14 | 14
misc
Status Report
Fri 08/25 1:36 PM
STATUS REPORT by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan : Joint Status Report: At this time, there are no known disagreements regarding the disputed systems that require the Courts involvement.(Sibbernsen, Kevin) |
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| Thursday, July 13, 2023 | ||
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minutes
Pretrial Conference
Thu 07/13 3:15 PM
Minute Entry for proceedings held before Judge Paul J. Barbadoro. PRETRIAL CONFERENCE held on 7/13/2023. Order to issue. (Court Reporter: Jan-Marie Glaze) (Pltfs Atty: Carolyn Cole) (Defts Atty: Kevin Sibbernsen)(Total Hearing Time: 40 minutes) (jwb) |
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order
Order on Discovery Plan
Thu 07/13 3:20 PM
ENDORSED ORDER approving in part 13 Discovery Plan. Length of Trial 4-7 days. Case Track: Standard. Text of Order: The proposed discovery plan, doc. no. 13, is approved with the following modifications: The parties disagree as to which systems should be prioritized for discovery. Counsel shall meet, confer, and agree on a list of deponents with knowledge of the disputed systems within 14 days. The parties shall then have 30 days to complete any depositions of the deponents and file a joint status report describing any remaining disagreements regarding the disputed systems. The defendants shall preserve all historic information in the disputed systems until further order of the court. So Ordered by Judge Paul J. Barbadoro.(jwb) |
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notice
Trial Notice
Thu 07/13 3:26 PM
TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 10/1/2024 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set VIA VIDEO CONFERENCE for 9/16/2024 02:00 PM before Judge Paul J. Barbadoro. Pretrial Statements due 9/3/2024. JERS Statement due 9/3/2024. LR 16.2(d) Objections due 9/17/2024.(jwb) |
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| Wednesday, July 12, 2023 | ||
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minutes
Pretrial Conference
Wed 07/12 4:31 PM
Minute Entry for proceedings held before Judge Paul J. Barbadoro. PRETRIAL CONFERENCE held on 7/12/2023. Hearing continued to 10:00 AM on 7/13/2023. (Court Reporter: Susan Bateman) (Pltfs Atty: Carolyn Cole) (Defts Atty: Kevin Sibbernsen)(Total Hearing Time: 30 minutes) (jwb) |
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notice
Pretrial Conference
Wed 07/12 4:35 PM
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set VIA VIDEO CONFERENCE for 7/13/2023 10:00 AM before Judge Paul J. Barbadoro. (jwb) |
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| Wednesday, July 05, 2023 | ||
| 13 | 13
motion
Discovery Plan
Wed 07/05 8:02 PM
Proposed Discovery Plan filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan. (Sibbernsen, Kevin) |
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| Monday, June 05, 2023 | ||
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notice
Pretrial Conference
Mon 06/05 12:03 PM
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set VIA VIDEO CONFERENCE for 7/12/2023 04:00 AM before Judge Paul J. Barbadoro. Follow up on Discovery Plan 7/5/2023. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(js) |
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notice
Pretrial Conference
Mon 06/05 3:11 PM
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set VIA VIDEO CONFERENCE for 7/12/2023 04:00 PM before Judge Paul J. Barbadoro. Follow up on Discovery Plan 7/5/2023. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(js) |
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| Wednesday, May 31, 2023 | ||
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order
Order on Motion for Miscellaneous Relief
Wed 05/31 3:15 PM
ENDORSED ORDER granting 12 Joint Assented to Motion To Waive Compliance With Local Rule 9.4. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(lw) |
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| Friday, May 26, 2023 | ||
| 12 | 12
motion
Miscellaneous Relief
Fri 05/26 4:05 PM
Joint Assented to MOTION To Waive Compliance With Local Rule 9.4 filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan.(Sibbernsen, Kevin) |
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| Wednesday, May 24, 2023 | ||
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order
Endorsed Order - not on motion
Wed 05/24 2:19 PM
ENDORSED ORDER. Text of Order: The defendants shall comply with local rule 9.4 within 14 days. So Ordered by Judge Paul J. Barbadoro.(js) |
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| Friday, May 12, 2023 | ||
| 11 | 11
answer
Answer to Complaint
Fri 05/12 12:19 PM
Defendants' ANSWER to1 Complaint - New Case,, filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan.(Sibbernsen, Kevin) |
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| Wednesday, May 03, 2023 | ||
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order
Order on Motion to Extend Time to Answer
Wed 05/03 12:28 PM
ENDORSED ORDER granting 9 Motion to Extend Time to Answer to May 12, 2023. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro.(js) |
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| Sunday, April 23, 2023 | ||
| 10 | 10
misc
Disclosure Statement
Sun 04/23 8:34 AM
Disclosure Statement by Lyme Computer Systems, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Sibbernsen, Kevin) |
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| Tuesday, April 18, 2023 | ||
| 9 | 9
motion
Extend Time to Answer
Tue 04/18 9:06 AM
MOTION to Extend Time to Answer to May 12, 2023 filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan.Follow up on Objection on 5/2/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Sibbernsen, Kevin) |
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notice
Clerk's Notice - Filing Due
Tue 04/18 9:48 AM
Clerk's Notice - No Disclosure Statement Filed by Lyme Computer Systems, Inc. The party is directed to file a disclosure statement within 7 days of this notice. (js) |
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| Monday, April 17, 2023 | ||
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order
Order on Motion to Dismiss
Mon 04/17 12:36 PM
///ENDORSED ORDER granting 8 Motion to Dismiss Defendant ESOP without Prejudice. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js) |
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| Friday, April 14, 2023 | ||
| 8 | 8
motion
Dismiss
Fri 04/14 5:13 PM
Joint MOTION to Dismiss Defendant ESOP without Prejudice filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan.Follow up on Objection on 4/28/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Sibbernsen, Kevin) |
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| Monday, April 03, 2023 | ||
| 7 | 7
notice
Attorney Appearance
Mon 04/03 12:14 PM
NOTICE of Attorney Appearance by Ashley Rae Theodore on behalf of Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan Attorney Ashley Rae Theodore added to party Henry S. Flickinger, Jr(pty:dft), Attorney Ashley Rae Theodore added to party Joshua Longacre(pty:dft), Attorney Ashley Rae Theodore added to party Lyme Computer Systems, Inc.(pty:dft), Attorney Ashley Rae Theodore added to party Michael Nagy(pty:dft), Attorney Ashley Rae Theodore added to party Andrew Sullivan(pty:dft).(Theodore, Ashley) Modified on 4/3/2023 to remove "Attorney Ashley Rae Theodore added to party Lyme Computer Systems, Inc. Employee Stock Ownership Plan(pty:dft)"(js) |
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notice
ECF - Filing Error - Info Only
Mon 04/03 2:40 PM
NOTICE of ECF Filing Error re:7 Notice of Attorney Appearance, filed by Joshua Longacre, Lyme Computer Systems, Inc., Andrew Sullivan, Henry S. Flickinger, Jr., Lyme Computer Systems, Inc. Employee Stock Ownership Plan, Michael Nagy. Incorrect filer chosen. Attorney Ashley Theodore does not represent Lyme Computer Systems, Inc. Employee Stock Ownership Plan and shall be removed from such party. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. (js) |
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| Friday, March 31, 2023 | ||
| 6 | 6
motion
Extend Time to Answer
Fri 03/31 10:25 AM
Assented to MOTION to Extend Time to Answer to April 21, 2023 on behalf of all Defendants filed by Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan.(Sibbernsen, Kevin) |
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| 5 | 5
notice
Attorney Appearance
Fri 03/31 10:21 AM
NOTICE of Attorney Appearance by Kevin M. Sibbernsen on behalf of Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Michael Nagy, Andrew Sullivan Attorney Kevin M. Sibbernsen added to party Henry S. Flickinger, Jr(pty:dft), Attorney Kevin M. Sibbernsen added to party Joshua Longacre(pty:dft), Attorney Kevin M. Sibbernsen added to party Lyme Computer Systems, Inc.(pty:dft), Attorney Kevin M. Sibbernsen added to party Michael Nagy(pty:dft), Attorney Kevin M. Sibbernsen added to party Andrew Sullivan(pty:dft).(Sibbernsen, Kevin) |
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order
Order on Motion to Extend Time to Answer
Fri 03/31 2:14 PM
ENDORSED ORDER granting 6 Assented to MOTION to Extend Time to Answer to April 21, 2023 on behalf of all Defendants. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro.(js) |
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| Monday, January 30, 2023 | ||
| 4 | 4
service
Waiver of Service Executed
Mon 01/30 2:51 PM
WAIVER OF SERVICE Returned Executed as to All Defendants by All Plaintiffs. Served/Mailed on 1/30/2023. Answer Follow Up on 4/3/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cole, Carolyn) |
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| Wednesday, January 18, 2023 | ||
| 3 | 3
service
Summons - Waiver Issued
Wed 01/18 3:11 PM
Summonses issued electronically as to Henry S. Flickinger, Jr, Joshua Longacre, Lyme Computer Systems, Inc., Lyme Computer Systems, Inc. Employee Stock Ownership Plan, Michael Nagy, Andrew Sullivan. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4.(ed) |
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Att: 1
Notice ECF,
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Att: 2
ERISA Notice
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| Tuesday, January 17, 2023 | ||
| 2 | 2
notice
ERISA Notice
Tue 01/17 1:17 PM
ERISA Notice sent to plaintiffs for service on all parties.(ed) |
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notice
Notice - ECF
Tue 01/17 1:17 PM
NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click [LINK:HERE] . (ed) |
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| Sunday, January 15, 2023 | ||
| 1 | 1
36
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cmp
Complaint - New Case
Sun 01/15 7:41 PM
NEW CASE/ERISA COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2333580 filed by Linda Neubelt, Colin Nicol, Teresa Orechovesky.(Cole, Carolyn) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Summons - Waiver Summons
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utility
Case Assigned
Tue 01/17 1:16 PM
Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:23-cv-19-PB. Please show this number with the judge designation on all future pleadings. (ed) |
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