6:20-CV-00935
05/29/2020
Pending - Other Pending
Contract - Other Contract
Florida Middle District
Daniel C. Irick
Paul G. Byron
Melissia Hendricks
Amanda Balderas
Kathryn Birdou
TIAA-CREF Individual & Instututional Services, LLC
Embry-Riddle Aeronautical University, Inc.
TIAA-CREF Individual & Institutional Services, LLC
Frederick Oliver Hendricks, III
Frederick O. Hendricks
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
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
(#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) NOTICE of Appearance by Michael Gray Moore on behalf of Amanda Balderas, Melissia Hendricks (Moore, Michael) (Entered: 07/21/2020)
(#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)
Exhibit C - Recordkeeping Agreement
Exhibit B - ERAU Plan Document
Exhibit A - Summary Plan
Exhibit A
(#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)
(#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)
Exhibit E - Notice of Filing Notice of Removal
Exhibit D - Summary Plan Description
Exhibit C - Employer-Sponsored Retirement Plan
Exhibit B - Volusia Filings (4 of 4)
Exhibit A - Summons & Complaint (1 of 3)
State Court ANSWER Answer of Respondent Birdou
State Court COMPLAINT Complaint (3 of 3)
State Court COMPLAINT Complaint (1 of 3)
(#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)
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)
Docket(#36) NOTICE of Appearance by Michael Gray Moore on behalf of Amanda Balderas, Melissia Hendricks (Moore, Michael) (Entered: 07/21/2020)
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)
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)
DocketSet/reset deadlines/hearings: Defendant's Reply due by 7/13/2020. (MEJ) (Entered: 07/07/2020)
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)
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)
DocketSet/reset deadlines/hearings: Replies due by 7/8/2020. (MEJ) (Entered: 07/02/2020)
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)
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)
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)
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)
Docket(#8) MOTION for Miscellaneous Relief, specifically Motion and Order To Appoint Process Server by Amanda Balderas, Melissia Hendricks. (MEJ) (Entered: 06/01/2020)
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)
Docket(#6) ANSWER and affirmative defenses to Complaint by Kathryn Birdou.(MEJ) (Entered: 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)
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)
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)
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)
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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