Gasper v. EIDP, Inc. et al
| North Carolina Western District Court | |
| Judge: | Frank D Whitney |
| Referred: | Susan C Rodriguez |
| Case #: | 3:23-cv-00512 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1132 E.R.I.S.A.-Employee Benefits |
| Case Filed: | Aug 14, 2023 |
| Terminated: | Aug 28, 2024 |
| Last checked: Saturday Feb 10, 2024 3:44 AM EST |
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Defendant
Corteva, Inc.
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Represented By
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Defendant
EIDP, Inc.
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Represented By
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Defendant
The Benefit Plans Administrative Committee
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Represented By
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Defendant
The Pension and Retirement Plan
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Represented By
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Plaintiff
David Gasper
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, October 04, 2024 | ||
| 46 | 46
appeal
Case Number - Court of Appeals
Fri 10/04 1:06 PM
USCA Case Number 24-1959 for44 Notice of Appeal, USCA Case Manager: Richard H. Sewell. (nvc) |
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| Thursday, October 03, 2024 | ||
| 45 | 45
appeal
Transmission of Notice of Appeal to USCA
Thu 10/03 8:36 AM
Transmission of Notice of Appeal to US Court of Appeals re44 Notice of Appeal(ams) |
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| Wednesday, September 25, 2024 | ||
| 44 | 44
appeal
Notice of Appeal
Wed 09/25 9:24 PM
NOTICE OF APPEAL as to43 Clerk's Judgment,42 Order on Motion for Summary Judgment,, Order on Motion for Miscellaneous Relief,,, by David Gasper. Filing fee $ 605, receipt number ANCWDC-6679928. Use this link www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Tyson, Bryan) |
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| Wednesday, August 28, 2024 | ||
| 43 | 43
order
Judgment - Clerk
Wed 08/28 8:27 AM
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 8/28/24. Signed by Clerk, Katherine Hord Simon. (clc) |
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| 42 | 42
22
pgs
order
Order on Motion for Summary Judgment Order on Motion for Miscellaneous Relief
Wed 08/28 8:24 AM
ORDER granting 29 Motion for Summary Judgment ; granting 30 Motion To Exclude The Expert Report of Plaintiff's Identified Expert; denying 31 Motion for Summary Judgment. Signed by District Judge Frank D. Whitney on 8/27/24. (clc) |
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| Monday, August 19, 2024 | ||
| 41 | 41
trial
Exhibit List
Mon 08/19 9:29 PM
Exhibit List /Joint Proposed Pretrial Order by David Gasper.(Tyson, Bryan) |
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| Wednesday, May 01, 2024 | ||
| 40 | 40
respm
Reply to Response to Motion
Wed 05/01 8:23 PM
REPLY to Response to Motion re31 MOTION for Summary Judgment by David Gasper. (Tyson, Bryan) |
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| 39 | 39
respm
Reply to Response to Motion
Wed 05/01 1:01 PM
REPLY to Response to Motion re30 MOTION to Exclude Expert Report by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. (Patel, Nishma) |
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| 38 | 38
respm
Reply to Response to Motion
Wed 05/01 1:00 PM
REPLY to Response to Motion re31 MOTION for Summary Judgment by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. (Patel, Nishma) |
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| Thursday, April 25, 2024 | ||
| 37 | 37
motion
Leave to File Document
Thu 04/25 1:20 PM
MOTION for Leave to File Reply In Support of Motion to Exclude The Expert Report of Plaintiff's Identified Expert Steven B. Long, Esq. by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. Responses due by 5/9/2024 (Patel, Nishma) |
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Att: 1
Proposed Order
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order
Order on Motion for Leave to File
Thu 04/25 2:33 PM
TEXT-ONLY ORDER granting 37 Motion for Leave to File Reply. Reply due by 5/1/2024. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 4/25/2024. (DLG) |
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| Wednesday, April 24, 2024 | ||
| 36 | 36
respm
Response in Opposition to Motion
Wed 04/24 11:25 PM
RESPONSE in Opposition re29 MOTION for Summary Judgment by David Gasper. Replies due by 5/1/2024(Tyson, Bryan) |
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Att: 1
Exhibit Ex. A--Declaration of Steven B. Long
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| 35 | 35
respm
Response to Motion
Wed 04/24 7:58 PM
RESPONSE to Motion re30 MOTION To Exclude the Expert Report of Steven B. Long, Esq. by David Gasper. Replies due by 5/1/2024 (Auckland, Hannah) |
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| 34 | 34
respm
Response in Opposition to Motion
Wed 04/24 12:22 PM
RESPONSE in Opposition re31 MOTION for Summary Judgment by Plaintiff by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. Replies due by 5/1/2024 (Patel, Nishma) |
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| Friday, April 05, 2024 | ||
| 33 | 33
motion
Extension of Time
Fri 04/05 10:52 AM
Consent MOTION for Extension of Time to File Response/Reply re:29 MOTION for Summary Judgment and 30 Motion to Exclude Expert Report by David Gasper. Responses due by 4/19/2024 (Tyson, Bryan) |
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order
Order on Motion for Extension of Time
Fri 04/05 11:30 AM
TEXT-ONLY ORDER granting 33 Consent MOTION for Extension of Time to File Response re: 29 MOTION for Summary Judgment, 30 Motion to Exclude Expert Report, 31 MOTION for Summary Judgment. Responses due by 4/24/2024. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 4/5/2024. (DLG) |
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| Wednesday, April 03, 2024 | ||
| 32 | 32
7
pgs
order
Order on Motion for Judgment on the Pleadings
Wed 04/03 4:22 PM
ORDER granting 7 Motion for Judgment on the Pleadings. Plaintiffs Second Claim for Relief under ERISA§ 502(a)(3) is DISMISSED. Signed by District Judge Frank D. Whitney on 4/3/24. (clc) |
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| Wednesday, March 27, 2024 | ||
| 31 | 31
motion
Summary Judgment
Wed 03/27 11:32 PM
MOTION for Summary Judgment by David Gasper. Responses due by 4/10/2024 (Tyson, Bryan) |
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Att: 1
Memorandum Brief in Support of Motion for Summary Judgment,
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Att: 2
Affidavit Declaration of Plaintiff,
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Att: 3
Exhibit Defendants' Responses to Interrogatories
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| 30 | 30
misc
Miscellaneous Filing
Wed 03/27 11:56 AM
Miscellaneous Filing by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. Motion To Exclude The Expert Report of Plaintiff's Identified Expert, Steven B. Long, Esq.(Patel, Nishma) |
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Att: 1
Memorandum In Support of Motion To Exclude The Expert Report of Plaintiff's Identified Expert, Steven B. Long, Esq.,
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Att: 2
Exhibit to Motion to Exclude The Expert Report of Plaintiff's Identified Expert, Steven B. Long, Esq.,
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Att: 3
Proposed Order
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| 29 | 29
motion
Summary Judgment
Wed 03/27 11:31 AM
MOTION for Summary Judgment by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. Responses due by 4/10/2024 (Patel, Nishma) |
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Att: 1
Memorandum Memorandum in Support of Motion for Summary Judgment
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| Thursday, March 14, 2024 | ||
| 28 | 28
adr
Report of Mediation
Thu 03/14 1:47 PM
REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse.(tlj) |
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Att: 1
Envelope
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| Wednesday, March 13, 2024 | ||
| 27 | 27
misc
Status Report
Wed 03/13 4:12 PM
STATUS REPORT on Mediation by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan (Patel, Nishma) |
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| Friday, March 01, 2024 | ||
| 26 | 26
adr
Designation of Mediator
Fri 03/01 4:10 PM
DESIGNATION of Calvin B. Bennett as Mediator by all the parties. (Auckland, Hannah) |
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| 25 | 25
notice
Notice of Appearance
Fri 03/01 4:08 PM
NOTICE of Appearance by Hannah Auckland on behalf of David Gasper (Auckland, Hannah) |
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| Thursday, February 29, 2024 | ||
| 24 | 24
1
pgs
order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 02/29 8:20 AM
ORDER granting 23 Motion for Leave to Appear Pro Hac Vice added Monica I. Perkowski for EIDP, Inc., Corteva, Inc., The Pension and Retirement Plan, and The Benefit Plans Administrative Committee (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge Susan C. Rodriguez on 2/28/2024. (brl) |
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notice
Notice - Out of State Counsel
Thu 02/29 8:21 AM
Notice to Monica I. Perkowski: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account[LINK:Link] . (Attorney served via NEF) Deadline by 3/7/2024. (brl) |
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| Wednesday, February 28, 2024 | ||
| 23 | 23
motion
Appear Pro Hac Vice - one motion per atty
Wed 02/28 5:17 PM
MOTION for Leave to Appear Pro Hac Vice as to Nishma Patel Filing fee $ 300, receipt number ANCWDC-6421407. by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. (Patel, Nishma) |
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| Tuesday, January 23, 2024 | ||
| 22 | 22
motion
Extension of Time
Tue 01/23 11:18 AM
Joint MOTION for Extension of Time of Scheduling Order Deadlines for Dispositive Motions by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. Responses due by 2/6/2024 (Patel, Nishma) |
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order
Order on Motion for Extension of Time
Tue 01/23 2:34 PM
TEXT-ONLY ORDER granting 22 Joint MOTION for Extension of Time of Scheduling Order Deadlines for Dispositive Motions and Mediation. Motions due by 3/27/2024. Mediation deadline set for 3/13/2024. Motions hearing to be held between June 3-7, 2024. Pretrial submissions due by 8/19/2024. Bench Trial set for 9/9/2024 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 1/23/2024. (DLG) |
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| Monday, January 22, 2024 | ||
| 21 | 21
misc
Status Report
Mon 01/22 4:47 PM
STATUS REPORT on ADR by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan (Patel, Nishma) |
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| Wednesday, January 17, 2024 | ||
| 20 | 20
notice
Notice of Appearance
Wed 01/17 5:12 PM
NOTICE of Appearance by Nishma Patel on behalf of All Defendants (Patel, Nishma) |
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| Monday, January 08, 2024 | ||
| 19 | 19
notice
Notice (Other)
Mon 01/08 2:29 PM
NOTICE of Filing of Administrative Record by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan re17 Administrative Record - ERISA Proceedings,18 Administrative Record - ERISA Proceedings (Woodrow, Thomas) |
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| 18 | 18
misc
Administrative Record - ERISA Proceedings
Mon 01/08 2:27 PM
Administrative Record - ERISA Proceedings (Sealed - Participants) (Woodrow, Thomas) |
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| 17 | 17
misc
Administrative Record - ERISA Proceedings
Mon 01/08 2:26 PM
Administrative Record - ERISA Proceedings (Sealed - Participants) (Woodrow, Thomas) |
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| Wednesday, December 06, 2023 | ||
| 16 | 16
misc
Status Report
Wed 12/06 5:46 PM
STATUS REPORT Regarding Administrative Record by David Gasper (Tyson, Bryan) |
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| Tuesday, November 07, 2023 | ||
| 15 | 15
notice
Notice (Other)
Tue 11/07 1:02 PM
NOTICE of Compliance by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan re10 Scheduling Order, (Woodrow, Thomas) |
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| Friday, November 03, 2023 | ||
| 14 | 14
1
pgs
order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 11/03 8:11 AM
ORDER granting 13 Motion for Leave to Appear Pro Hac Vice added Todd D. Wozniak for EIDP, Inc., Corteva, Inc., The Pension and Retirement Plan, and The Benefit Plans Administrative Committee. Signed by US Magistrate Judge Susan C. Rodriguez on 11/3/2023. (brl) |
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| Thursday, November 02, 2023 | ||
| 13 | 13
motion
Appear Pro Hac Vice - one motion per atty
Thu 11/02 4:23 PM
MOTION for Leave to Appear Pro Hac Vice as to Todd D. Wozniak Filing fee $ 288, receipt number ANCWDC6219532. by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. (clc) |
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| Thursday, October 26, 2023 | ||
| 12 | 12
respm
Reply to Response to Motion
Thu 10/26 4:33 PM
REPLY to Response to Motion re7 MOTION for Judgment on the Pleadings by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. (Woodrow, Thomas) |
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| Friday, October 20, 2023 | ||
| 11 | 11
respm
Response in Opposition to Motion
Fri 10/20 10:32 PM
RESPONSE in Opposition re7 MOTION for Judgment on the Pleadings by David Gasper. Replies due by 10/27/2023 (Tyson, Bryan) |
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| Tuesday, October 10, 2023 | ||
| 10 | 10
order
Scheduling Order
Tue 10/10 4:06 PM
Pretrial Order and Case Management Plan: Estimated Trial Time: Two (2) to Three (3) Days. Discovery due by 2/28/2024. Motions due by 2/5/2024. Mediation deadline set for 1/22/2024. Bench Trial set for 7/8/2024 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Signed by District Judge Frank D. Whitney on 10/10/2023. (ams) |
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| Friday, October 06, 2023 | ||
| 9 | 9
discov
Certification of Initial Attorneys Conference and Discovery Plan
Fri 10/06 4:57 PM
CERTIFICATION of initial attorney conference and discovery plan (Woodrow, Thomas) |
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| 8 | 8
7
pgs
respm
Memorandum in Support of Motion
Fri 10/06 1:57 PM
MEMORANDUM in Support re7 MOTION for Judgment on the Pleadings by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. (Woodrow, Thomas) |
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| 7 | 7
motion
Judgment on the Pleadings
Fri 10/06 1:56 PM
MOTION for Judgment on the Pleadings by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. Responses due by 10/20/2023 (Woodrow, Thomas) |
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| Tuesday, September 19, 2023 | ||
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notice
Notice to Conduct Initial Attorneys Conference
Tue 09/19 1:39 PM
NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The[LINK:Certificate of Initial Attorneys Conference] , and if applicable, the[LINK:Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge] , should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 10/10/2023. (clc) |
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| Monday, September 18, 2023 | ||
| 6 | 6
misc
Corporate Disclosure Statement
Mon 09/18 12:50 PM
Corporate Disclosure Statement by Corteva, Inc.. (Woodrow, Thomas) |
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| 5 | 5
misc
Corporate Disclosure Statement
Mon 09/18 12:49 PM
Corporate Disclosure Statement by EIDP, Inc.. (Woodrow, Thomas) |
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| 4 | 4
answer
Answer to Complaint
Mon 09/18 12:46 PM
ANSWER to1 Complaint by Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan.(Woodrow, Thomas) |
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| Friday, September 08, 2023 | ||
| 3 | 3
notice
Notice of Appearance
Fri 09/08 11:45 AM
NOTICE of Appearance by Thomas R. Woodrow on behalf of All Defendants (Woodrow, Thomas) |
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| Tuesday, August 15, 2023 | ||
| 2 | 2
service
Summons Issued
Tue 08/15 7:54 AM
Summons Issued Electronically as to Corteva, Inc., EIDP, Inc., The Benefit Plans Administrative Committee, The Pension and Retirement Plan. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 .(jm) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons
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| Monday, August 14, 2023 | ||
| 1 | 1
14
pgs
cmp
Complaint
Mon 08/14 6:14 PM
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCWDC-6181992), filed by David Gasper.(Tyson, Bryan) |
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utility
Case Assigned/Reassigned
Tue 08/15 7:43 AM
Case assigned to District Judge Frank D. Whitney and US Magistrate Judge Susan C. Rodriguez. Notice: You must click this link to retrieve the[LINK:Case Assignment Packet] . This is your only notice - you will not receive a separate document. (jm) |
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utility
Initial Scheduling Order Entry - Judge Whitney
Tue 08/15 7:43 AM
Clerk's Entry and Service of[LINK:Initial Scheduling Order] and[LINK:Certificate of Initial Attorney FRCP 26(f) Conference Form] pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (jm) |
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