Texas Western District Court
Judge:David A Ezra
Case #: 1:25-cv-00085
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:1132 E.R.I.S.A.-Employee Benefits
Case Filed:Jan 17, 2025
Last checked: Monday Mar 03, 2025 3:22 AM CST
Defendant
Whole Food Market, Inc.
Represented By
Lauren Hope Whiting
Jackson Lewis P.C.
contact info
Defendant
Whole Foods Market Inc., Benefits Administrative Committee
Represented By
Lauren Hope Whiting
Jackson Lewis P.C.
contact info
Plaintiff
James Besterfield
Represented By
Scott M. Haskins
Siri & Glimstad LLP
contact info
Oren Faircloth
Siri & Glimstad LLP
contact info
Walker D. Moller
Siri & Glimstad, LLP
contact info
Plaintiff
Tyler Houston
Represented By
Scott M. Haskins
Siri & Glimstad LLP
contact info
Oren Faircloth
Siri & Glimstad LLP
contact info
Walker D. Moller
Siri & Glimstad, LLP
contact info
Plaintiff
Paul Wilson
Represented By
Scott M. Haskins
Siri & Glimstad LLP
contact info
Oren Faircloth
Siri & Glimstad LLP
contact info
Walker D. Moller
Siri & Glimstad, LLP
contact info


Docket last updated: 1 hours ago
Thursday, May 01, 2025
26 26 26 pgs respm Memorandum in Opposition to Motion Thu 05/01 7:44 PM
Memorandum in Opposition to Motion, filed by James Besterfield, Tyler Houston, Paul Wilson, re23 MOTION to Dismiss filed by Defendant Whole Foods Market Inc., Benefits Administrative Committee, Defendant Whole Food Market, Inc. (Faircloth, Oren)
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Wednesday, April 23, 2025
25 25 2 pgs order Order on Motion to Continue Wed 04/23 4:09 PM
ORDER GRANTING24 Motion to Continue Deadlines For Submission And Entry of Scheduling Order. Signed by Judge David A. Ezra. (dm)
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Tuesday, April 22, 2025
24 24 motion Continue Tue 04/22 2:07 PM
Joint MOTION to Continue Deadlines for Submission and Entry of Scheduling Order by Whole Food Market, Inc., Whole Foods Market Inc., Benefits Administrative Committee.(Cerrone, Stacey)
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Att: 1 Proposed Order
Monday, March 31, 2025
23 23 motion Dismiss Tue 04/01 1:46 PM
MOTION to Dismiss by Whole Food Market, Inc., Whole Foods Market Inc., Benefits Administrative Committee. (dm)
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order Order on Motion for Leave to File Excess Pages Mon 03/31 11:37 AM
Text Order GRANTING22 Motion for Leave to File Excess Pages. Defendants Motion to Dismiss may exceed the page limit set forth in Local Rule CV-7(c) by three (3) additional pages, exclusive of the caption, the signature block, any certificates, and any accompanying documents. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)
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Thursday, March 27, 2025
22 22 motion Leave to Exceed Page Limitation Thu 03/27 2:15 PM
Unopposed MOTION for Leave to Exceed Page Limitation for Motion to Dismiss by Whole Food Market, Inc., Whole Foods Market Inc., Benefits Administrative Committee.(Cerrone, Stacey)
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Att: 1 Proposed Pleading - Motion to Dismiss,
Att: 2 Affidavit Declaration of Stacey Cerrone in Support of MTD,
Att: 3 Exhibit Cerrone Decl. Ex. A - 2022 SPD,
Att: 4 Exhibit Cerrone Decl. Ex. B - 2024 Benefits Enrollment Guide,
Att: 5 Proposed Order - MTD,
Att: 6 Proposed Order Exceed Page Limitation
Tuesday, March 25, 2025
21 21 misc Disclosure Statement (Rule 7) Tue 03/25 12:48 PM
RULE 7 DISCLOSURE STATEMENT filed by Whole Food Market, Inc. identifying Corporate Parent Amazon.com, Inc. for Whole Food Market, Inc.. (Cerrone, Stacey)
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Wednesday, March 12, 2025
20 20 1 pgs order Order on Motion to Appear Pro Hac Vice Thu 03/13 3:43 PM
ORDER GRANTING18 Motion to Appear Pro Hac Vice as to Stacey C.S. Cerrone. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge David A. Ezra. (dm)
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19 19 1 pgs order Order on Motion to Appear Pro Hac Vice Thu 03/13 3:41 PM
ORDER GRANTING17 Motion to Appear Pro Hac Vice as to Alex E. Hotard. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge David A. Ezra. (dm)
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Tuesday, March 11, 2025
18 18 motion Appear Pro Hac Vice Tue 03/11 4:22 PM
MOTION to Appear Pro Hac Vice by Lauren Hope Whiting Motion for Admission Pro Hac Vice for Attorney Stacey C. S. Cerrone ( Filing fee $ 100 receipt number ATXWDC-19900143) by on behalf of Whole Food Market, Inc., Whole Foods Market Inc., Benefits Administrative Committee.(Whiting, Lauren)
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Att: 1 Proposed Order
17 17 motion Appear Pro Hac Vice Tue 03/11 4:17 PM
MOTION to Appear Pro Hac Vice by Lauren Hope Whiting Motion for Admission Pro Hac Vice for Attorney Alex E. Hotard ( Filing fee $ 100 receipt number ATXWDC-19899721) by on behalf of Whole Food Market, Inc., Whole Foods Market Inc., Benefits Administrative Committee.(Whiting, Lauren)
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Att: 1 Proposed Order
Friday, February 21, 2025
16 16 1 pgs order Order on Motion for Miscellaneous Relief Fri 02/21 2:11 PM
ORDER GRANTING15 Motion for Entry of Briefing Schedule. Signed by Judge David A. Ezra. (dm)
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utility Set/Reset Answer Deadline Fri 02/21 2:13 PM
Set Deadlines: Whole Food Market, Inc. answer due 3/27/2025; Whole Foods Market Inc., Benefits Administrative Committee answer due 3/27/2025. (dm)
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Thursday, February 13, 2025
15 15 motion Miscellaneous Relief Thu 02/13 3:53 PM
Joint MOTION For Entry of Briefing Schedule by Whole Food Market, Inc., Whole Foods Market Inc., Benefits Administrative Committee.(Whiting, Lauren)
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Att: 1 Proposed Order
14 14 notice Notice of Attorney Appearance Thu 02/13 3:41 PM
NOTICE of Attorney Appearance by Lauren Hope Whiting on behalf of Whole Food Market, Inc., Whole Foods Market Inc., Benefits Administrative Committee. Attorney Lauren Hope Whiting added to party Whole Food Market, Inc.(pty:dft), Attorney Lauren Hope Whiting added to party Whole Foods Market Inc., Benefits Administrative Committee(pty:dft) (Whiting, Lauren)
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Tuesday, February 11, 2025
13 13 1 pgs order Order on Motion to Appear Pro Hac Vice Tue 02/11 4:12 PM
ORDER GRANTING10 Motion to Appear Pro Hac Vice as to Scott Haskins. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge David A. Ezra. (dm)
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12 12 1 pgs order Order on Motion to Appear Pro Hac Vice Tue 02/11 4:10 PM
ORDER GRANTING9 Motion to Appear Pro Hac Vice as to Oren Faircloth. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge David A. Ezra. (dm)
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Monday, February 03, 2025
11 11 1 pgs order Order Reassigning Case Wed 02/05 3:19 PM
ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (bot1)
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10 10 motion Appear Pro Hac Vice Mon 02/03 1:58 PM
MOTION to Appear Pro Hac Vice by Walker D. Moller for Scott Haskins, Esq. with Proposed Order ( Filing fee $ 100 receipt number ATXWDC-19741227) by on behalf of Paul Wilson, Tyler Houston, James Besterfield. (Moller, Walker)
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9 9 motion Appear Pro Hac Vice Mon 02/03 1:53 PM
MOTION to Appear Pro Hac Vice by Walker D. Moller for Oren Faircloth, Esq. with Propose Order ( Filing fee $ 100 receipt number ATXWDC-19741202) by on behalf of Paul Wilson, Tyler Houston, James Besterfield. (Moller, Walker)
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Thursday, January 30, 2025
8 8 service Summons Returned Executed Thu 01/30 2:49 PM
SUMMONS Returned Executed by Paul Wilson, James Besterfield, Tyler Houston. Whole Food Market, Inc. served on 1/24/2025, answer due 2/14/2025. (Moller, Walker)
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7 7 service Summons Returned Executed Thu 01/30 2:48 PM
SUMMONS Returned Executed by Paul Wilson, James Besterfield, Tyler Houston. Whole Foods Market Inc., Benefits Administrative Committee served on 1/24/2025, answer due 2/14/2025. (Moller, Walker)
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Friday, January 24, 2025
6 6 service Summons Issued Fri 01/24 12:28 PM
Summons Issued as to Whole Food Market, Inc., Whole Foods Market Inc., Benefits Administrative Committee. (dm)
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5 5 service Request for Issuance of Summons Fri 01/24 8:46 AM
REQUEST FOR ISSUANCE OF SUMMONS by Paul Wilson, Tyler Houston, James Besterfield. (Moller, Walker)
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4 4 service Request for Issuance of Summons Fri 01/24 8:45 AM
REQUEST FOR ISSUANCE OF SUMMONS by Paul Wilson, Tyler Houston, James Besterfield. (Moller, Walker)
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Tuesday, January 21, 2025
3 3 notice Deficiency Notice Tue 01/21 9:03 AM
DEFICIENCY NOTICE: re 2 Request for Issuance of Summons: FRCP 4(a)(1)(B) Summons are to be directed to the defendant. A summons may only be issued if the partys name appears identically to how it appears on the complaint. The requested summons cannot be issued because you listed multiple defendants on the same summons. Each defendant is issued a separate summons. Please resubmit your request with one summons per defendant. You may include multiple summonses within a single PDF document/request. (kp)
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Friday, January 17, 2025
2 2 service Request for Issuance of Summons Fri 01/17 12:21 PM
REQUEST FOR ISSUANCE OF SUMMONS by Paul Wilson, Tyler Houston, James Besterfield. (Moller, Walker)
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1 1 22 pgs cmp Complaint Fri 01/17 12:16 PM
COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-19682851), filed by Paul Wilson, James Besterfield, Tyler Houston.(Moller, Walker)
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Att: 1 Civil Cover Sheet
utility Case Assigned/Reassigned Tue 01/21 9:01 AM
Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kp)
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misc To be Referred to AU Mag Judge Tue 01/21 9:01 AM
If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Susan Hightower. (kp)
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