WEISSMAN v. ATHENE ANNUITY AND LIFE COMPANY et al
Consolidated
Lead case: 1:23-md-03083
Lead case: 1:23-md-03083
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:23-cv-12453 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Oct 20, 2023 |
| Re-opened: | Oct 17, 2023 |
| Case in other court: | New Jersey, 1:23-cv-03999 |
| Last checked: Saturday Apr 20, 2024 7:14 AM EDT |
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Defendant
Athene Annuity and Life Company
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Represented By
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Defendant
Pension Benefit Information, LLC
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Represented By
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Plaintiff
RICHARD WEISSMAN
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Represented By
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ThirdParty Defendant
Progress Software Corporation
15 Wayside Rd. #400
Burlington, MA 01803 |
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ThirdParty Plaintiff
Pension Benefit Information, LLC
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Represented By
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GPO
Dec 12 2024
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing)Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
| Docket last updated: 02/19/2025 11:59 PM EST |
| Thursday, December 12, 2024 | ||
| 34 | 34
38
pgs
order
Order ~Util - Terminate Motions
Thu 12/12 10:52 AM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 19 (Order on Defendants Rule 12(b)(1) Motion to Dismiss for Lack of Article III Standing) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Tuesday, December 10, 2024 | ||
| 33 | 33
notice
Notice of Appearance
Tue 12/10 2:58 PM
NOTICE of Appearance by Jeffrey Tsai on behalf of Progress Software Corporation, Ipswitch, Inc. Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Wednesday, November 06, 2024 | ||
| 32 | 32
2
pgs
order
Order
Wed 11/06 6:19 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 18 (CAC and Rule 12 Scheduling and Structure Proposals) Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Wednesday, March 20, 2024 | ||
| 31 | 31
notice
Notice of Change of Address or Firm Name
Wed 03/20 1:01 PM
NOTICE of Change of Address or Firm Name by Thomas J. McKenna (McKenna, Thomas) |
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| Friday, February 02, 2024 | ||
| 30 | 30
order
Order on Motion for Leave to Appear
Fri 02/02 2:16 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting29 Motion for Leave to Appear Pro Hac Vice Added Gregory M. Egleston. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . Counsel must file an appearance on the Master MDL docket.(McManus, Caetlin) |
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| 29 | 29
motion
Appear Pro Hac Vice
Fri 02/02 1:14 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Gregory M. Egleston Filing fee: $ 125, receipt number AMADC-10251897 by RICHARD WEISSMAN.(Egleston, Gregory) |
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Att: 1
Exhibit Certification of Gregory M. Egleston
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| Wednesday, December 20, 2023 | ||
| 28 | 28
order
Order on Motion for Leave to Appear
Wed 12/20 1:01 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting27 Motion for Leave to Appear Pro Hac Vice Added Thomas J. McKenna. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . (McManus, Caetlin) |
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| 27 | 27
motion
Appear Pro Hac Vice
Wed 12/20 10:41 AM
MOTION for Leave to Appear Pro Hac Vice for admission of Thomas J. McKenna Filing fee: $ 125, receipt number AMADC-10186905 by RICHARD WEISSMAN.(McKenna, Thomas) (Main Document 27 replaced on 12/20/2023) (McManus, Caetlin). (McManus, Caetlin) |
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Att: 1
(12/20/2023) Certification of Thomas J. McKenna
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| Thursday, December 14, 2023 | ||
| 26 | 26
order
Order on Motion for Leave to Appear
Thu 12/14 1:50 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered in case 1:23-cv-12203-ADB; granting (347) Motion for Leave to Appear Pro Hac Vice Added Lee E. Bains, Jr.. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . in case 1:23-md-03083-ADB Associated Cases: 1:23-md-03083-ADB, 1:23-cv-12203-ADB, 1:23-cv-12453-ADB, 1:23-cv-12594-ADB, 1:23-cv-12710-ADB Counsel added on this and the associated dockets.(McManus, Caetlin) |
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| Thursday, November 30, 2023 | ||
| 25 | 25
notice
Notice - Other
Thu 11/30 9:50 AM
ELECTRONIC NOTICE: Remote access to today’s hearing will be made available to the media and public for viewing purposes only . In order to gain access to the hearing, you must sign up at the following address:[LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact [LINK:media@mad.uscourts.gov] . Status Conference set for 11/30/2023 02:00 PM in Courtroom 17 (In person only with remote viewing available) before Judge Allison D. Burroughs. Associated Cases: 1:23-md-03083-ADB et al.(McManus, Caetlin) |
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| Monday, November 27, 2023 | ||
| 24 | 24
notice
Notice of Appearance
Mon 11/27 3:53 PM
NOTICE of Appearance by Starr Turner Drum on behalf of Athene Annuity and Life Company (Drum, Starr) |
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| Tuesday, November 21, 2023 | ||
| 23 | 23
notice
Notice of Appearance
Tue 11/21 4:46 PM
NOTICE of Appearance by Lee E. Bains, Jr on behalf of Athene Annuity and Life Company (Bains, Lee) |
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| Friday, November 10, 2023 | ||
| 22 | 22
notice
Notice of Appearance
Fri 11/10 2:57 PM
NOTICE of Appearance by Gregory Michael Egleston on behalf of RICHARD WEISSMAN (Egleston, Gregory) |
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| Monday, November 06, 2023 | ||
| 21 | 21
notice
Notice of Appearance
Mon 11/06 10:52 AM
NOTICE of Appearance by Thomas J. McKenna on behalf of RICHARD WEISSMAN (McKenna, Thomas) |
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| Monday, October 30, 2023 | ||
| 20 | 20
3
pgs
order
Order
Mon 10/30 3:53 PM
Judge Allison D. Burroughs: ORDER entered. MDL Order No. 1 (General Provisions) Associated Cases: 1:23-md-03083-ADB et al. (McManus, Caetlin) |
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| Friday, October 20, 2023 | ||
| 19 | 19
notice
Notice re: MDL Case Transferred
Fri 10/20 12:19 PM
NOTICE TO ALL COUNSEL: Pursuant to CTO Number 1 entered in MDL No. 3083, New Jersey case number 1:23-cv-03999-RMB-EAP has been transferred to the District of Massachusetts and assigned civil action number: 1:23-cv-12453-ADB. In Re: MOVEit Customer Data Security Breach Litigation, MDL 3083. (Belpedio, Lisa) |
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| 18 | 18
notice
Notice of Case Assignment
Fri 10/20 12:17 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. (Belpedio, Lisa) |
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| 17 | 17
transfer
Case Transferred In - District Transfer
Fri 10/20 12:13 PM
Case transferred in from District of New Jersey; Case Number 1:23-cv-03999. |
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| Tuesday, October 17, 2023 | ||
| 16 | 16
Certified Order of MDL Panel transferring case to the District of Massachusetts. (dmw)
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| Friday, October 13, 2023 | ||
| 15 | 15
ORDER Granting the Parties'14 status report request for an extension of the Court's stay in this matter, by at least thirty (30) days. Signed by Chief Judge Renee Marie Bumb on 10/13/2023. (mag)
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| Tuesday, October 10, 2023 | ||
| 14 | 14
STATUS REPORT Joint Status Report by PENSION BENEFIT INFORMATION, LLC.(MONAGLE, JAMES)
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2
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| Wednesday, September 27, 2023 | ||
| Set Deadlines as to12 MOTION for Extension of Time to File Answer re1 Complaint, . Motion set for 11/6/2023 before Magistrate Judge Elizabeth A. Pascal. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) | ||
| ***Civil Case Administratively Terminated. (amv) | ||
| Monday, September 25, 2023 | ||
| 13 | 13
ORDER Administratively terminating all proceedings and deadlines until fourteen (14) days after a ruling on the Motion for Transfer and Centralization of Related Actions; Directing parties to submit a status report and/or case schedule at the conclusion of the fourteen-day period. Signed by Chief Judge Renee Marie Bumb on 9/25/2023. (amv)
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| 12 | 12
MOTION for Extension of Time to File Answer re1 Complaint, by ATHENE ANNUITY AND LIFE COMPANY, PENSION BENEFIT INFORMATION, LLC.(MONAGLE, JAMES)
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Att: 1
Text of Proposed Order
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| Friday, September 22, 2023 | ||
| Set Deadlines as to11 Joint MOTION to Stay Proceedings Pending JPML Ruling . Motion set for 10/16/2023 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv) | ||
| Thursday, September 21, 2023 | ||
| 11 | 11
Joint MOTION to Stay Proceedings Pending JPML Ruling by PENSION BENEFIT INFORMATION, LLC.(MONAGLE, JAMES)
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Att: 1
Text of Proposed Order,
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Att: 2
Declaration
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| Tuesday, September 19, 2023 | ||
| CLERK'S QUALITY CONTROL MESSAGE - The Waiver of Service Executed10 filed by JAMES MONAGLE on 9/18/23 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our[LINK:website] under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (amv) | ||
| Monday, September 18, 2023 | ||
| 10 | 10
WAIVER OF SERVICE Returned Executed by PENSION BENEFIT INFORMATION, LLC. PROGRESS SOFTWARE CORPORATION waiver sent on 9/15/2023, answer due 11/14/2023. (MONAGLE, JAMES) (Main Document 10 replaced on 9/19/2023) (amv).
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| Thursday, September 14, 2023 | ||
| 9 | 9
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THIRD PARTY COMPLAINT against PROGRESS SOFTWARE CORPORATION, filed by PENSION BENEFIT INFORMATION, LLC.(MONAGLE, JAMES)
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| Wednesday, August 30, 2023 | ||
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LETTER ORDER Granting6 Defendant's request for an extension of time until September 25, 2023, to submit its response to Plaintiff's Class Action Complaint. Signed by Chief Judge Renee Marie Bumb on 8/30/2023. (amv)
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| Tuesday, August 29, 2023 | ||
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NOTICE of Appearance by RICHARD JON DAVIS on behalf of ATHENE ANNUITY AND LIFE COMPANY (DAVIS, RICHARD)
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| Monday, August 28, 2023 | ||
| 6 | 6
Letter from Richard J. Davis, Esq.. (DAVIS, RICHARD)
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| Wednesday, August 23, 2023 | ||
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NOTICE of Appearance by JAMES MONAGLE on behalf of PENSION BENEFIT INFORMATION, LLC (MONAGLE, JAMES)
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| Tuesday, August 22, 2023 | ||
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SUMMONS Returned Executed by RICHARD WEISSMAN. ATHENE ANNUITY AND LIFE COMPANY served on 8/15/2023, answer due 9/5/2023. (GAINEY, BARRY)
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| Monday, August 21, 2023 | ||
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WAIVER OF SERVICE Returned Executed by RICHARD WEISSMAN. PENSION BENEFIT INFORMATION, LLC waiver sent on 7/27/2023, answer due 9/25/2023. (GAINEY, BARRY)
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| Friday, July 28, 2023 | ||
| 2 | 2
SUMMONS ISSUED as to ATHENE ANNUITY AND LIFE COMPANY, PENSION BENEFIT INFORMATION, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jab)
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| CLERK'S QUALITY CONTROL MESSAGE - The Civil Cover Sheet1 -1 filed by BARRY J. GAINEY on 7/26/2023 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our[LINK:website] under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (jab) | ||
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court.[LINK:Click here] to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (jab) | ||
| Notice of Judicial Preferences.[LINK:Click here] for the Judge's Individual Procedure Requirements. (jab) | ||
| Wednesday, July 26, 2023 | ||
| 1 | 1
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COMPLAINT against ATHENE ANNUITY AND LIFE COMPANY, PENSION BENEFIT INFORMATION, LLC ( Filing and Admin fee $ 402 receipt number ANJDC-14484368) with JURY DEMAND, filed by RICHARD WEISSMAN.(GAINEY, BARRY) (Attachment 1 replaced on 7/28/2023) (jab, ).
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Att: 1
Civil Cover Sheet
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| Chief Judge Renee Marie Bumb and Magistrate Judge Elizabeth A. Pascal added. (dmw, ) | ||