Barner et al v. McLane Company, Inc.

6:23-cv-00301 | Texas Western District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Waco
Judge Judge Alan D Albright
Filed April 24, 2023
Nature of Suit 791 Employee Retirement (ERISA)
Cause 29:1132 E.R.I.S.A.-Employee Benefits
Jury Demand None
The docket is incomplete. Sign up for verified information.
Upcoming Events
3 Months
  • 7/2/2025
Dispositive Motions due by 7/2/2025.
Source
Add
8 Months
  • 12/17/2025
AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/17/2025 before Judge Alan D Albright.
Source
Add
Filing Date # Docket Text
3/17/2025Order on Motion to Exclude
3/13/2025Order Setting Hearing on Motion
3/10/2025REPLY to Response to Motion, filed by McLane Company, Inc., re 57 Opposed MOTION to Exclude Portions of Expert Report filed by Defendant McLane Company, Inc. (Thorne, Rene) (Entered: 03/10/2025)
3/3/2025 Motion Hearing reset for 3/14/2025 01:00 PM before Judge Alan D Albright, per txt order dated 3/3/2025 (CORRECTION) (cav) (Entered: 03/03/2025)
3/3/2025 Motion Hearing reset for 3/14/2025 01:00 PM before Judge Alan D Albright, per txt order dated 3/3/2025 (cav) (Entered: 03/03/2025)
3/3/2025Text Order GRANTING 62 Motion to Continue entered by Judge Alan D Albright. (This is a text-only entry generated by the court. The hearing is rescheduled for 1:00pm on March 14, 2025. There is no document associated with this entry.) (rhlc) (Entered: 03/03/2025)
2/28/2025Agreed MOTION to Continue Hearing by Ashley Barner. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Heystek, Amanda) (Entered: 02/28/2025)
2/28/2025Response in Opposition to Motion, filed by Ashley Barner, re 57 Opposed MOTION to Exclude Portions of Expert Report filed by Defendant McLane Company, Inc. (Heystek, Amanda) (Entered: 02/28/2025)
2/26/2025ORDER SETTING ZOOM MOTIONS HEARING. Motion Hearing set for 3/7/2025 10:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (cav) (Entered: 02/26/2025)
2/26/2025ORDER GRANTING 57 Motion to exclude. Signed by Judge Alan D Albright. (cav) (Entered: 02/26/2025)
2/24/2025Opposed MOTION to Extend Scheduling Order Deadlines for Defendant to Designate Rebuttal Expert by McLane Company, Inc.. (Attachments: # 1 Proposed Order)(Thorne, Rene) (Entered: 02/24/2025)
2/18/2025Opposed MOTION to Exclude Portions of Expert Report by McLane Company, Inc.. (Attachments: # 1 Exhibit A - Otto Report, # 2 Exhibit B - Plas' Interr. Responses, # 3 Exhibit C - Rule 30b6 Notice (12.18.23), # 4 Exhibit D - Rule 30b6 Notice (8.15.24), # 5 Exhibit E - Rule 30b6 Notice (9.4.24), # 6 Exhibit F - Rule 30b6 Notice (12.6.24), # 7 Exhibit G - Depo Excerpts of Caroline Mann, # 8 Exhibit H - Plas' Requests for Admission, # 9 Exhibit I - Email Exchange, # 10 Proposed Order)(Thorne, Rene) (Entered: 02/18/2025)
2/18/2025DEFICIENCY NOTICE: re 56 Opposed MOTION to Exclude Portions of Expert Report Per current Local Rules, all non-dispositive motions must have a proposed order attached. Please file a proposed order as an attachment to this document. (cav) (Entered: 02/18/2025)
2/18/2025Opposed MOTION to Exclude Portions of Expert Report by McLane Company, Inc.. (Attachments: # 1 Exhibit A - Otto Report, # 2 Exhibit B - Plas' Interr. Responses, # 3 Exhibit C - Rule 30b6 Notice (12.18.23), # 4 Exhibit D - Rule 30b6 Notice (8.15.24), # 5 Exhibit E - Rule 30b6 Notice (9.4.24), # 6 Exhibit F - Rule 30b6 Notice (12.6.24), # 7 Exhibit G - Depo Excerpts of Caroline Mann, # 8 Exhibit H - Plas' Requests for Admission, # 9 Exhibit I - Email Exchange)(Thorne, Rene) **REFILED CORRECLTY AS ECF 57** (Entered: 02/18/2025)
1/30/2025NOTICE Plaintiff's Notice of Filing Supplemental Authority by Ashley Barner re 30 Response to Motion (Attachments: # 1 Exhibit)(Edelman, Marc) (Entered: 01/30/2025)
12/20/2024Text Order GRANTING 54 Motion to Quash entered by Judge Alan D Albright. The Court grants defendant's motion as unopposed per Local Rule CV-7. The parties are ordered to meet and confer regarding Defendant's objections to the deposition notice. (There is no document associated with this entry.) (rhlc) (Entered: 12/20/2024)
12/12/2024Opposed MOTION to Quash 30(b)(6) Deposition by McLane Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Thorne, Rene) (Entered: 12/12/2024)
12/10/2024RESPONSE in Support, filed by McLane Company, Inc., re 51 Opposed MOTION to Quash Depositions filed by Defendant McLane Company, Inc. (Attachments: # 1 Exhibit X - Service Email, 12.9.24, # 2 Exhibit Y - Service Email)(Thorne, Rene) (Entered: 12/10/2024)
12/3/2024Response in Opposition to Motion, filed by Ashley Barner, Shawn Roebuck, re 51 Opposed MOTION to Quash Depositions filed by Defendant McLane Company, Inc. (Attachments: # 1 Declaration of Marc Edelman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q)(Edelman, Marc) (Entered: 12/03/2024)
11/26/2024Opposed MOTION to Quash Depositions by McLane Company, Inc.. (Attachments: # 1 Exhibit A - Service Email for Rule 30(b)(6) Deposition, # 2 Exhibit B - Service Email, # 3 Exhibit C - Email dated Aug. 16, 2024, # 4 Exhibit D - Email dated Aug. 19, 2024 at 7:57 AM, # 5 Exhibit E - Service Email, # 6 Exhibit F - Email dated Aug. 19, 2024 at 8:26 AM, # 7 Exhibit G - Service Email, # 8 Exhibit H - Email dated Aug. 23, 2024, # 9 Exhibit I - Email dated Aug. 28, 2024, # 10 Exhibit J - Service Email, # 11 Exhibit K - Email dated Sept. 4, 2024, # 12 Exhibit L - Email chain dated Sept. 26, 2024, # 13 Exhibit M - Service Email, # 14 Exhibit N - Service Email, # 15 Exhibit O - Email dated Sept. 27, 2024, # 16 Exhibit P - Email exchange dated Oct. 10, 2024, # 17 Exhibit Q - Email chain dated Oct. 15, 2024, # 18 Exhibit R - Mann Transcript, # 19 Exhibit S - Parsons Transcript, # 20 Exhibit T - Email dated Oct. 25, 2024, # 21 Exhibit U - Email dated Nov. 11, 2024, # 22 Exhibit V - Service Email, # 23 Exhibit W - Email dated Nov. 21, 2024)(Thorne, Rene) (Entered: 11/26/2024)
10/1/2024STIPULATION Stipulation Regarding Class Certification by Ashley Barner. (Edelman, Marc) (Entered: 10/01/2024)
9/11/2024ORDER GRANTING 48 Motion to Appear Pro Hac Vice for Attorney Phillip C. Thompson for McLane Company, Inc.. 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 Alan D Albright. (cav) (Entered: 09/11/2024)
9/10/2024 MOTION to Appear Pro Hac Vice by Dan N. MacLemore, IV ( Filing fee $ 100 receipt number ATXWDC-19206629) by on behalf of McLane Company, Inc.. (Attachments: # 1 Proposed Order)(MacLemore, Dan) (Entered: 09/10/2024)
9/4/2024Unopposed MOTION for Extension of Time to File Response/Reply as to 46 MOTION to Certify Class by McLane Company, Inc.. (Attachments: # 1 Proposed Order Order)(Thorne, Rene) (Entered: 09/04/2024)
9/3/2024 MOTION to Certify Class by Ashley Barner. (Attachments: # 1 Appendix, # 2 Exhibit Declaration of Michael C. McKay, # 3 Exhibit Declaration of Ashley Barner, # 4 Exhibit Declaration of Shawn Roebuck, # 5 Proposed Order Proposed Order)(Edelman, Marc) (Entered: 09/03/2024)
5/7/2024AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/17/2025 before Judge Alan D Albright. Amended Pleadings due by 5/31/2024. Joinder of Parties due by 5/31/2024. Dispositive Motions due by 7/2/2025. Motions terminated: 36 MOTION for Entry of Scheduling Order Deadlines filed by Ashley Barner. Signed by Judge Alan D Albright. (cav) (Entered: 05/07/2024)
5/6/2024Proposed Order Proposed Amended Scheduling Order to 36 MOTION for Entry of Scheduling Order Deadlines by Ashley Barner. (Edelman, Marc) (Entered: 05/06/2024)
5/1/2024ORDER VACATING REFERRAL ORDER. CASE NO LONGER REFERRED to Magistrate Judge Derek T. Gilliland. Signed by Judge Alan D Albright. (cav) (Entered: 05/01/2024)
4/29/2024 MOTION for Leave to File To File Reply to Defendant's Response to Plaintiffs' Notice of Supplemental Authority by Ashley Barner. (Attachments: # 1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Edelman, Marc) (Entered: 04/29/2024)
4/23/2024RESPONSE to 38 Notice of Filing by McLane Company, Inc. (cav) (Entered: 04/23/2024)
4/23/2024ORDER GRANTING 39 Motion for Leave to File. Signed by Judge Derek T. Gilliland. (cav) (Entered: 04/23/2024)
4/22/2024 MOTION for Leave to File Motion for Leave to Respond to Plaintiff's Notice of Supplemental Authority by Defendant McLane Company by McLane Company, Inc.. (Attachments: # 1 Proposed Order Order, # 2 Exhibit Response to Plaintiffs Notice of Supplemental Authority by Defendant McLane Company). Motions referred to Judge Derek T. Gilliland. (MacLemore, Dan) (Entered: 04/22/2024)
4/15/2024NOTICE of Filing Notice of Filing Supplemental Authority by Ashley Barner (Attachments: # 1 Exhibit 5th Cir. Opinion)(Botros, Paul) (Entered: 04/15/2024)
2/12/2024 MOTION for Entry of Confidentiality and Protective Order by McLane Company, Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Thorne, Rene) (Entered: 02/12/2024)
11/10/2023Proposed Scheduling Order by Ashley Barner. (Edelman, Marc) (Entered: 11/10/2023)
11/7/2023SUPPLEMENT to 34 Notice (Other) by Ashley Barner. (Edelman, Marc) (Entered: 11/07/2023)
10/9/2023NOTICE OF SUPPLEMENTAL AUTHORITY by Ashley Barner re 30 Response to Motion (Edelman, Marc) (Entered: 10/09/2023)
9/21/2023NOTICE of Supplemental Authority in Support of Its Motion to Dismiss by McLane Company, Inc. re 29 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit A - Matney v. Barrick Gold of N. Am.)(Thorne, Rene) (Entered: 09/21/2023)
8/16/2023Text Order GRANTING 31 Motion for Extension of Time to File entered by Judge Derek T. Gilliland. The deadline for Plaintiffs to file their response to McLane Company, Inc.s Motion to Dismiss [Dkt. 29] is extended to August 3, 2023; and the deadline for Defendant to file any reply in support of its Motion to Dismiss [Dkt 29] is extended to August 15, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DTG) (Entered: 08/16/2023)
8/15/2023RESPONSE in Support, filed by McLane Company, Inc., re 29 Motion to Dismiss for Failure to State a Claim filed by Defendant McLane Company, Inc. (Thorne, Rene) (Entered: 08/15/2023)
8/4/2023Joint MOTION for Extension of Time to File by McLane Company, Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (MacLemore, Dan) (Entered: 08/04/2023)
8/3/2023RESPONSE to Motion, filed by Ashley Barner, re 29 Motion to Dismiss for Failure to State a Claim filed by Defendant McLane Company, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Edelman, Marc) (Entered: 08/03/2023)
7/17/2023 Motion to Dismiss for Failure to State a Claim by McLane Company, Inc.. (Attachments: # 1 Exhibit Declaration of Rene Thorne, # 2 Exhibit A - Plan Form 5500 for 2017, # 3 Exhibit B - Plan Form 5500 for 2018, # 4 Exhibit C - Plan Form 5500 for 2019, # 5 Exhibit D - Plan Form 5500 for 2020, # 6 Exhibit E - Plan Form 5500 for 2021, # 7 Exhibit F - The Wegmans Retirement Plans' Form 5500 for 2021, # 8 Exhibit G - Quanta Servs. 401(k) Savings Plan Form 5500 for 2021, # 9 Exhibit H - Rock Holdings & Assoc. Comp. Savings Plan Form 5500 for 2021, # 10 Exhibit I - Moitoso Stipulation). Motions referred to Judge Derek T. Gilliland. (Thorne, Rene) (Entered: 07/17/2023)
7/17/2023RULE 7 DISCLOSURE STATEMENT filed by McLane Company, Inc.. (Thorne, Rene) (Entered: 07/17/2023)
6/16/2023ORDER GRANTING 11 Motion for Extension of Time to Answer. McLane Company, Inc. answer due 7/17/2023. Signed by Judge Derek T. Gilliland. (bw) (Entered: 06/16/2023)
5/30/2023ORDER GRANTING 25 Motion to Appear Pro Hac Vice for Attorney Dorothy D. Mcdermott for McLane Company, Inc.. 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 Derek T. Gilliland. (ad3) (Entered: 05/30/2023)
5/26/2023 MOTION to Appear Pro Hac Vice by Dan N. MacLemore, IV ( Filing fee $ 100 receipt number ATXWDC-17488371) by on behalf of McLane Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order on Motion for Admission Pro Hac Vice). Motions referred to Judge Derek T. Gilliland. (MacLemore, Dan) (Entered: 05/26/2023)
5/26/2023ORDER GRANTING 23 Motion to Appear Pro Hac Vice for Attorney Alex E. Hotard for McLane Company, Inc.. 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 Derek T. Gilliland. (ad3) (Entered: 05/26/2023)
5/23/2023Parties shall comply with Judge Albright's updated Standing Orders: Order Regarding Court Docket Management and Amended Standing Order for Pretrial Procedure. Both orders are available by clicking the hyperlink.

(bot2) (Entered: 05/24/2023)

5/23/2023 MOTION to Appear Pro Hac Vice by Dan N. MacLemore, IV ( Filing fee $ 100 receipt number ATXWDC-17471766) by on behalf of McLane Company, Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (MacLemore, Dan) (Entered: 05/23/2023)
5/23/2023ORDER GRANTING 14 Motion to Appear Pro Hac Vice for Attorney Brandon J. Hill for Ashley Barner,Brandon J. Hill for Shawn Roebuck. 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 Derek T. Gilliland. (ad3) (Entered: 05/23/2023)
5/23/2023ORDER GRANTING 17 Motion to Appear Pro Hac Vice for Attorney Rene E. Thorne for McLane Company, Inc.. 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 Derek T. Gilliland. (ad3) (Entered: 05/23/2023)
5/23/2023ORDER GRANTING 13 Motion to Appear Pro Hac Vice for Attorney Amanda E. Heystek for Ashley Barner,Amanda E. Heystek for Shawn Roebuck. 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 Derek T. Gilliland. (ad3) (Entered: 05/23/2023)
5/23/2023ORDER GRANTING 15 Motion to Appear Pro Hac Vice for Attorney Luis A. Cabassa for Ashley Barner,Luis A. Cabassa for Shawn Roebuck. 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 Derek T. Gilliland. (ad3) (Entered: 05/23/2023)
5/23/2023ORDER GRANTING 16 Motion to Appear Pro Hac Vice for Attorney Michael C. McKay for Ashley Barner,Michael C. McKay for Shawn Roebuck. 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 Derek T. Gilliland. (ad3) (Entered: 05/23/2023)
5/18/2023 MOTION to Appear Pro Hac Vice by Dan N. MacLemore, IV Rene E. Thorne ( Filing fee $ 100 receipt number BTXWDC-17455623) by on behalf of McLane Company, Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (MacLemore, Dan) (Entered: 05/18/2023)
5/18/2023 MOTION to Appear Pro Hac Vice by Paul M Botros on behalf of Michael McKay ( Filing fee $ 100 receipt number ATXWDC-17453319) by on behalf of Ashley Barner, Shawn Roebuck.. Motions referred to Judge Derek T. Gilliland. (Botros, Paul) (Entered: 05/18/2023)
5/18/2023 MOTION to Appear Pro Hac Vice by Paul M Botros on behalf of Luis A. Cabassa ( Filing fee $ 100 receipt number ATXWDC-17453299) by on behalf of Ashley Barner, Shawn Roebuck.. Motions referred to Judge Derek T. Gilliland. (Botros, Paul) (Entered: 05/18/2023)
5/18/2023 MOTION to Appear Pro Hac Vice by Paul M Botros on behalf of Brandon J. Hill ( Filing fee $ 100 receipt number ATXWDC-17453256) by on behalf of Ashley Barner, Shawn Roebuck.. Motions referred to Judge Derek T. Gilliland. (Botros, Paul) (Entered: 05/18/2023)
5/18/2023 MOTION to Appear Pro Hac Vice by Paul M Botros on behalf of Amanda E. Heystek ( Filing fee $ 100 receipt number ATXWDC-17453178) by on behalf of Ashley Barner, Shawn Roebuck.. Motions referred to Judge Derek T. Gilliland. (Botros, Paul) (Entered: 05/18/2023)
5/17/2023ORDER GRANTING 9 Motion for Extension of Time to Answer: McLane Company, Inc. answer due 7/1/2023. Signed by Judge Derek T. Gilliland. (ad3) (Entered: 05/17/2023)
5/17/2023Amended MOTION for Extension of Time to File Answer re 1 Complaint by McLane Company, Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (MacLemore, Dan) (Entered: 05/17/2023)
5/17/2023Pro Hac Vice Letter as to Seemann III. (Attachments: # 1 Thorne)(ad3) (Entered: 05/17/2023)
5/16/2023Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by McLane Company, Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (MacLemore, Dan) (Entered: 05/16/2023)
5/15/2023DEFICIENCY NOTICE: re 7 Notice (Other) (ad3) (Entered: 05/15/2023)
5/15/2023NOTICE of Unopposed Extension of Time to Answer or Otherwise Response to Plaintiffs' Class Action Complaint by McLane Company, Inc. (MacLemore, Dan) (Entered: 05/15/2023)
5/1/2023SUMMONS Returned Executed by Ashley Barner. McLane Company, Inc. served on 4/26/2023, answer due 5/17/2023. (Edelman, Marc) (Entered: 05/01/2023)
4/25/2023ORDER GRANTING 4 Motion to Appear Pro Hac Vice for Attorney Marc R. Edelman for Ashley Barner,Marc R. Edelman for Shawn Roebuck. 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 Derek T. Gilliland. (ad3) (Entered: 04/25/2023)
4/24/2023 MOTION to Appear Pro Hac Vice by Paul M Botros Motion by Marc R. Edelman to Appear Pro Hac Vice ( Filing fee $ 100 receipt number ATXWDC-17350814) by on behalf of Shawn Roebuck. (Attachments: # 1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Botros, Paul) (Entered: 04/24/2023)
4/24/2023Pro Hac Vice Letters. Main Document- Cabassa (Attachments: # 1 Edelman, # 2 Heystek, # 3 Hill, # 4 McKay)(ad3) (Entered: 04/24/2023)
4/24/2023Summons Issued as to McLane Company, Inc.. (ad3) (Entered: 04/24/2023)
4/24/2023Case assigned to Judge Alan D Albright and CASE REFERRED to Magistrate Judge Derek T. Gilliland. 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. (ad3) (Entered: 04/24/2023)
4/24/2023COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17349876), filed by Ashley Barner. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Proposed Summons)(Botros, Paul) (Entered: 04/24/2023)