This case was last updated from U.S. District Courts on 07/28/2020 at 13:41:09 (UTC).

Balderas et al v. Birdou et al

Case Summary

On 05/29/2020 Balderas filed a Contract - Other Contract lawsuit against Birdou. This case was filed in U.S. District Courts, Florida Middle District. The Judges overseeing this case are Daniel C. Irick and Paul G. Byron. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:20-CV-00935

  • Filing Date:

    05/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Florida Middle District

Judge Details

Referral Judge

Daniel C. Irick

Presiding Judge

Paul G. Byron

 

Party Details

Plaintiffs

Melissia Hendricks

Amanda Balderas

Defendants

Kathryn Birdou

TIAA-CREF Individual & Instututional Services, LLC

Embry-Riddle Aeronautical University, Inc.

TIAA-CREF Individual & Institutional Services, LLC

In Re

Frederick Oliver Hendricks, III

Frederick O. Hendricks

Attorney/Law Firm Details

Plaintiff Attorneys

Stanley Townsend

Attorney at Stanley Townsend, Esq.

Po Box 530383

Debary, FL 32753-0383

Michael Gray Moore

Attorney at Moore Lex P.A.

206 Wellisford Way

Deland, FL 32724

Defendant Attorneys

Thomas J. Upchurch

Attorney at Upchurch Law

1616 Concierge Blvd, Suite 101

Daytona Beach, FL 32117

Keith A. Graham

Attorney at Marchena & Graham, PA

Suite 101, 976 Lake Baldwin Ln

Orlando, FL 32814

Scott Sherman

Attorney at Nelson, Mullins, Riley & Scarborough, LLP

Suite 1700, 201 17Th St Nw

Atlanta, GA 30363

Kristina B. Pett

Attorney at McDowell Hetherington LLP

2385 N.W. Executive Center Drive, Suite 400

Boca Raton, FL 33431

Andrea Elizabeth Nieto

Attorney at McDowell Hetherington LLP

2385 Nw Executive Center Dr., Ste. 400

Boca Raton, FL 33431

 

Court Documents

#37

(#37) Amended CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Amanda Balderas, Melissia Hendricks. (Moore, Michael) Modified on 7/21/2020 (MEJ). (Entered: 07/21/2020)

#36

(#36) NOTICE of Appearance by Michael Gray Moore on behalf of Amanda Balderas, Melissia Hendricks (Moore, Michael) (Entered: 07/21/2020)

#35

(#35) REPLY to RESPONSE to #14 MOTION to Dismiss Count III and Count IV of Petition/Complaint for Declaratory Judgment and Incorporated Memorandum of Law filed by Embry-Riddle Aeronautical University, Inc.. (Pett, Kristina) Modified on 7/14/2020 (RDO). (Entered: 07/13/2020)

22 #3

Exhibit C - Recordkeeping Agreement

22 #2

Exhibit B - ERAU Plan Document

22 #1

Exhibit A - Summary Plan

14 #1

Exhibit A

#14

(#32) MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of #14 Motion to Dismiss by Embry-Riddle Aeronautical University, Inc.. (Nieto, Andrea) Modified on 7/6/2020 (MEJ). (Entered: 07/02/2020)

#11

(#37) Amended CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Amanda Balderas, Melissia Hendricks. (Moore, Michael) Modified on 7/21/2020 (MEJ). (Entered: 07/21/2020)

1 #18

Exhibit E - Notice of Filing Notice of Removal

1 #17

Exhibit D - Summary Plan Description

1 #16

Exhibit C - Employer-Sponsored Retirement Plan

1 #15

Exhibit B - Volusia Filings (4 of 4)

1 #9

Exhibit A - Summons & Complaint (1 of 3)

1 #4

State Court ANSWER Answer of Respondent Birdou

1 #3

State Court COMPLAINT Complaint (3 of 3)

1 #1

State Court COMPLAINT Complaint (1 of 3)

#1

(#1) COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida, case number 2020-30527-CICI filed in State Court on 4/18/2020. Filing fee $ 400, receipt number 113A-16862439 filed by TIAA-CREF Individual & Instututional Services, LLC. (Attachments: #1 State Court COMPLAINT Complaint (1 of 3), #2 State Court COMPLAINT Complaint (2 of 3), #3 State Court COMPLAINT Complaint (3 of 3), #4 State Court ANSWER Answer of Respondent Birdou, #5 State Court Pending Motions Pending Motion, #6 State Court Docket Sheet Volusia County Docket, #7 State Court Other Documents Remaining State Court Documents, #8 Civil Cover Sheet Civil Cover Sheet, #9 Exhibit A - Summons & Complaint (1 of 3), #10 Exhibit A - Summons & Complaint (2 of 3), #11 Exhibit A - A - Summons & Complaint (3 of 3), #12 Exhibit B - Volusia Filings (1 of 4), #13 Exhibit B - Volusia Filings (2 of 4), #14 Exhibit B - Volusia Filings (3 of 4), #15 Exhibit B - Volusia Filings (4 of 4), #16 Exhibit C - Employer-Sponsored Retirement Plan, #17 Exhibit D - Summary Plan Description, #18 Exhibit E - Notice of Filing Notice of Removal)(Sherman, Scott) (Entered: 05/29/2020)

50 More Documents Available

 

Docket Entries

  • 07/21/2020
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  • Docket(#37) Amended CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Amanda Balderas, Melissia Hendricks. (Moore, Michael) Modified on 7/21/2020 (MEJ). (Entered: 07/21/2020)

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  • 07/21/2020
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  • Docket(#36) NOTICE of Appearance by Michael Gray Moore on behalf of Amanda Balderas, Melissia Hendricks (Moore, Michael) (Entered: 07/21/2020)

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  • 07/13/2020
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  • Docket(#35) REPLY to RESPONSE to #14 MOTION to Dismiss Count III and Count IV of Petition/Complaint for Declaratory Judgment and Incorporated Memorandum of Law filed by Embry-Riddle Aeronautical University, Inc.. (Pett, Kristina) Modified on 7/14/2020 (RDO). (Entered: 07/13/2020)

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  • 07/08/2020
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  • Docket(#34) REPLY to Response to Motion re #22 MOTION to Dismiss Complaint and Incorporated Memorandum of Law filed by TIAA-CREF Individual & Institutional Services, LLC. (Attachments: #1 Adoption Agreement)(Sherman, Scott) (Entered: 07/08/2020)

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  • 07/07/2020
  • DocketSet/reset deadlines/hearings: Defendant's Reply due by 7/13/2020. (MEJ) (Entered: 07/07/2020)

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  • 07/06/2020
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  • Docket(#33) ENDORSED ORDER granting in part and denying in part #32 Motion for Leave to File Reply. On or before 7/13/2020, Defendant Embry-Riddle Aeronautical University, Inc. may file a five-page reply. Signed by Magistrate Judge Daniel C. Irick on 7/6/2020. (Irick, Daniel) (Entered: 07/06/2020)

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  • 07/02/2020
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  • Docket(#32) MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of #14 Motion to Dismiss by Embry-Riddle Aeronautical University, Inc.. (Nieto, Andrea) Modified on 7/6/2020 (MEJ). (Entered: 07/02/2020)

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  • 07/02/2020
  • DocketSet/reset deadlines/hearings: Replies due by 7/8/2020. (MEJ) (Entered: 07/02/2020)

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  • 07/01/2020
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  • Docket(#31) ENDORSED ORDER granting #30 Motion for Leave to File Reply. On or before 7/8/2020, Defendant TIAA may file the five-page reply requested. Signed by Magistrate Judge Daniel C. Irick on 7/1/2020. (Irick, Daniel) (Entered: 07/01/2020)

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  • 06/30/2020
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  • Docket(#30) MOTION for Miscellaneous Relief, specifically for Leave to File a Reply Brief by TIAA-CREF Individual & Institutional Services, LLC. (Sherman, Scott) (Entered: 06/30/2020)

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19 More Docket Entries
  • 06/02/2020
  • Docket(#10) RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 6/2/2020. (GNB) copies e-mailed (Entered: 06/02/2020)

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  • 06/01/2020
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  • Docket(#9) ENDORSED ORDER denying as moot #8 Motion to Appoint Process Server. This motion was filed pursuant to the Florida Rules of Civil Procedure, which do not apply to a removed case. Signed by Judge Paul G. Byron on 6/1/2020. (SCM) (Entered: 06/01/2020)

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  • 06/01/2020
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  • Docket(#8) MOTION for Miscellaneous Relief, specifically Motion and Order To Appoint Process Server by Amanda Balderas, Melissia Hendricks. (MEJ) (Entered: 06/01/2020)

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  • 06/01/2020
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  • Docket(#7) ENDORSED ORDER striking #6 Answer. Defendant is directed to file the Answer and the Motion to Dismiss as two separate filings. Signed by Judge Paul G. Byron on 6/1/2020. (SCM) (Entered: 06/01/2020)

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  • 06/01/2020
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  • Docket(#6) ANSWER and affirmative defenses to Complaint by Kathryn Birdou.(MEJ) (Entered: 06/01/2020)

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  • 06/01/2020
  • Docket(#5) NOTICE to counsel Thomas J. Upchurch of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (MEJ) (Entered: 06/01/2020)

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  • 06/01/2020
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  • Docket(#4) ENDORSED ORDER granting #3 Unopposed Motion for Extension of Time. On or before 6/11/2020, TIAA-CREF Individual & Instututional Services, LLC shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 6/1/2020. (Irick, Daniel) (Entered: 06/01/2020)

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  • 05/29/2020
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  • Docket(#3) Unopposed MOTION for Extension of Time to File Answer or Respond to Complaint by TIAA-CREF Individual & Instututional Services, LLC. (Sherman, Scott) (Entered: 05/29/2020)

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  • 05/29/2020
  • Docket(#2) NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-935-Orl-40DCI. (SJB) (Entered: 05/29/2020)

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  • 05/29/2020
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  • Docket(#1) COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida, case number 2020-30527-CICI filed in State Court on 4/18/2020. Filing fee $ 400, receipt number 113A-16862439 filed by TIAA-CREF Individual & Instututional Services, LLC. (Attachments: #1 State Court COMPLAINT Complaint (1 of 3), #2 State Court COMPLAINT Complaint (2 of 3), #3 State Court COMPLAINT Complaint (3 of 3), #4 State Court ANSWER Answer of Respondent Birdou, #5 State Court Pending Motions Pending Motion, #6 State Court Docket Sheet Volusia County Docket, #7 State Court Other Documents Remaining State Court Documents, #8 Civil Cover Sheet Civil Cover Sheet, #9 Exhibit A - Summons & Complaint (1 of 3), #10 Exhibit A - Summons & Complaint (2 of 3), #11 Exhibit A - A - Summons & Complaint (3 of 3), #12 Exhibit B - Volusia Filings (1 of 4), #13 Exhibit B - Volusia Filings (2 of 4), #14 Exhibit B - Volusia Filings (3 of 4), #15 Exhibit B - Volusia Filings (4 of 4), #16 Exhibit C - Employer-Sponsored Retirement Plan, #17 Exhibit D - Summary Plan Description, #18 Exhibit E - Notice of Filing Notice of Removal)(Sherman, Scott) (Entered: 05/29/2020)

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