Case: Oliver v. Navy Federal Credit Union

Legal Defense Fund

Complaint Oliver et al v Navy Federal Credit Union ( Filing fee $ 405, receipt number AVAEDC-9270755.), filed by Laquita Oliver. (Attachments: # 1 Civil Cover Sheet)(Pierce, John) (Entered: 12/17/2023)

1 Civil Cover Sheet

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Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (Dest)

No service issued at this time. (Dest)

WAIVER OF SERVICE Returned Executed by Laquita Oliver. Navy Federal Credit Unioin waiver sent on 12/27/2023, answer due 2/26/2024. (Pierce, John) (Main Document 2 replaced on 12/29/2023) (wgar, ). (Entered: 12/27/2023)

Motion to appear Pro Hac Vice by Adam Levitt and Certification of Local Counsel John Pierce Filing fee $ 75, receipt number AVAEDC-9285032. by Laquita Oliver. (Attachments: # 1 Appendix Court Admissions)(Pierce, John) (Entered: 12/28/2023)

Motion to appear Pro Hac Vice by Daniel Schwartz and Certification of Local Counsel John Pierce Filing fee $ 75, receipt number AVAEDC-9285804. by Laquita Oliver. (Attachments: # 1 Appendix Court Admissions)(Pierce, John) (Entered: 12/28/2023)

Motion to appear Pro Hac Vice by Eli Hare and Certification of Local Counsel John Pierce Filing fee $ 75, receipt number AVAEDC-9285846. by Laquita Oliver. (Attachments: # 1 Appendix Court Admissions)(Pierce, John) (Entered: 12/28/2023)

ORDER granting 4 Motion for Pro hac vice Appointed Daniel R. Schwartz for Cherelle Jacob and Daniel R. Schwartz for Laquita Oliver. Signed by District Judge Leonie M. Brinkema on 12/28/2023. (jlan) (Entered: 12/29/2023)

ORDER granting 3 Motion for Pro hac vice Appointed Adam J. Levitt for Cherelle Jacob,Adam J. Levitt for Laquita Oliver. Signed by District Judge Leonie M. Brinkema on 12/28/2023. (nneb) (Entered: 12/29/2023)

ORDER granting 5 Motion for Pro hac vice Appointed Eli Hare for Cherelle Jacob,Eli Hare for Laquita Oliver. Signed by District Judge Leonie M. Brinkema on 12/28/2023. (nneb) (Entered: 12/29/2023)

COMPLAINT against Does 1-20, Navy Federal Credit Union ( Filing fee $ 405, receipt number AVAEDC-9286056.), filed by Masheeha Hopper, Kristoffer Hicks. (Attachments: # 1 Exhibit A - CNN Article, # 2 Civil Cover Sheet)(Sbro) (Entered: 01/19/2024)

Proposed Summons by Kristoffer Hicks, Masheeha Hopper. (Sbro) (Entered: 01/19/2024)

NOTICE by Kristoffer Hicks, masheeha hopper - Notice of Related Case (Sbro) (Entered: 01/19/2024)

Notice of Correction: The filing user has been notified that the document attached was an incorrectly saved PDF fillable form which has been replaced in re 2 Waiver of Service Executed. No further action is required at this time. (wgar, )

MOTION to Consolidate Cases and Appt Interim Counsel by Laquita Oliver. (Attachments: # 1 Proposed Order on Mot to Consol & Appt Counsel, # 2 Affidavit Decl of Levitt, # 3 Affidavit Decl of Crump, # 4 Affidavit Decl of Zavareei)(Pierce, John) (Entered: 12/29/2023)

Memorandum in Support re 9 MOTION to Consolidate Cases and Appt Interim Counsel filed by Laquita Oliver. (Pierce, John) (Entered: 12/29/2023)

Summons Issued as to Navy Federal Credit Union, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Notice to Attorney) (Sbro) (Entered: 01/19/2024)

NOTICE by Kristoffer Hicks, Masheeha Hopper OF FILING IN RELATED ACTION (Sbro) (Entered: 01/19/2024)

ORDER granting Motion for Pro hac vice Appointed Hassan Ali Zavareei for Kristoffer Hicks, Masheeha Hopper.. Signed by District Judge Leonie M. Brinkema on 1/3/2024. (Sbro) (Entered: 01/19/2024)

ORDER granting Motion for Pro hac vice Appointed Andrea Rifka Gold for Kristoffer Hicks, Andrea Rifka Gold for Masheeha Hopper. Signed by District Judge Leonie M. Brinkema on 1/3/2024. (Sbro) (Entered: 01/19/2024)

ORDER granting Motion for Pro hac vice Appointed Wesley Michael Griffith for Kristoffer Hicks, Wesley Michael Griffith for Masheeha Hopper. Signed by District Judge Leonie M. Brinkema on 1/3/2024. (Sbro) (Entered: 01/19/2024)

ORDER granting Motion for Pro hac vice Appointed Cort Thomas Carlson for Kristoffer Hicks, Cort Thomas Carlson for Masheeha Hopper. Signed by District Judge Leonie M. Brinkema on 1/3/2024. (Sbro) (Entered: 01/19/2024)

WAIVER OF SERVICE Returned Executed by Masheeha Hopper, Kristoffer Hicks. Navy Federal Credit Union waiver sent on 1/3/2024, answer due 3/4/2024. (Sbro) (Entered: 01/19/2024)

Notice of Correction re 9 MOTION to Consolidate Cases and Appt Interim Counsel. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (nneb)

NOTICE by Laquita Oliver re 9 MOTION to Consolidate Cases and Appt Interim Counsel of Waiver of Oral Argument (Pierce, John) (Entered: 01/10/2024)

COMPLAINT against Navy Federal Credit Union ( Filing fee $ 405, receipt number AVAEDC-9303333.), filed by Elise Simone Williams, Andre Robinson. (Attachments: # 1 Civil Cover Sheet)(Sbro) (Entered: 01/19/2024)

WAIVER OF SERVICE Returned Executed by Elise Simone Williams, Andre Robinson. Navy Federal Credit Union waiver sent on 1/11/2024, answer due 3/11/2024. (Sbro) (Entered: 01/19/2024)

Motion to appear Pro Hac Vice by Diandra Sima Debrosse Zimmermann and Certification of Local Counsel John Pierce Filing fee $ 75, receipt number AVAEDC-9307571. by Laquita Oliver. (Attachments: # 1 Appendix Court Admissions)(Pierce, John) (Entered: 01/12/2024)

Motion to appear Pro Hac Vice by Eviealle Jeinere Dawkins and Certification of Local Counsel John Pierce Filing fee $ 75, receipt number AVAEDC-9307605. by Laquita Oliver. (Attachments: # 1 Appendix Court Admissions)(Pierce, John) (Entered: 01/12/2024)

Motion to appear Pro Hac Vice by Julia Veeser and Certification of Local Counsel John Pierce Filing fee $ 75, receipt number AVAEDC-9307625. by Laquita Oliver. (Pierce, John) (Entered: 01/12/2024)

NOTICE of Appearance by Michaela Sarah Wilkes Klein on behalf of Navy Federal Credit Unioin (Wilkes Klein, Michaela) (Entered: 01/12/2024)

Motion to appear Pro Hac Vice by Karin Dryhurst and Certification of Local Counsel Michaela Wilkes Klein Filing fee $ 75, receipt number AVAEDC-9307892. by Navy Federal Credit Unioin. (Attachments: # 1 Appendix Court Admissions)(Wilkes Klein, Michaela) (Entered: 01/12/2024)

Motion to appear Pro Hac Vice by Ronald Machen and Certification of Local Counsel Michaela Wilkes Klein Filing fee $ 75, receipt number AVAEDC-9307963. by Navy Federal Credit Unioin. (Attachments: # 1 Appendix Court Admissions)(Wilkes Klein, Michaela) (Entered: 01/12/2024)

Motion to appear Pro Hac Vice by Jonathan Paikin and Certification of Local Counsel Michaela Wilkes Klein Filing fee $ 75, receipt number AVAEDC-9308000. by Navy Federal Credit Union. (Attachments: # 1 Appendix Court Admissions)(Wilkes Klein, Michaela) (Entered: 01/12/2024)

Motion to appear Pro Hac Vice by Thais Ridgeway and Certification of Local Counsel Michaela Wilkes Klein Filing fee $ 75, receipt number AVAEDC-9308022. by Navy Federal Credit Union. (Attachments: # 1 Appendix Court Admissions)(Wilkes Klein, Michaela) (Entered: 01/12/2024)

Motion to appear Pro Hac Vice by Andre Manuel and Certification of Local Counsel Michaela Wilkes Klein Filing fee $ 75, receipt number AVAEDC-9308047. by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 01/12/2024)

RESPONSE to Motion re 9 MOTION to Consolidate Cases and Appt Interim Counsel filed by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 01/12/2024)

Corporate Disclosure Statement by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 01/12/2024)

ORDER granting 12 Motion for Pro hac vice Appointed Diandra Sima Debrosse Zimmerman for Cherelle Jacob,Diandra Sima Debrosse Zimmerman for Laquita Oliver. Signed by District Judge Leonie M. Brinkema on 1/12/2024. (swil) (Entered: 01/16/2024)

ORDER granting 13 Motion for Pro hac vice Appointed Eviealle Jeinere Dawkins for Cherelle Jacob,Eviealle Jeinere Dawkins for Laquita Oliver. Signed by District Judge Leonie M. Brinkema on 1/12/2024. (swil) (Entered: 01/17/2024)

ORDER denying 14 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/12/12024. (swil) (Entered: 01/17/2024)

ORDER granting 16 Motion for Pro hac vice Appointed Karin Dryhurst for Navy Federal Credit Union. Signed by District Judge Leonie M. Brinkema on 1/12/2024. (swil) (Entered: 01/17/2024)

ORDER granting 17 Motion for Pro hac vice Appointed Ronald Clement Machen for Navy Federal Credit Union. Signed by District Judge Leonie M. Brinkema on 1/12/2024. (swil) (Entered: 01/17/2024)

ORDER granting 18 Motion for Pro hac vice Appointed Jonathan Edward Paikin for Navy Federal Credit Union. Signed by District Judge Leonie M. Brinkema on 1/12/2024. (swil) (Entered: 01/17/2024)

ORDER granting 19 Motion for Pro hac vice Appointed Thais Raja Ridgeway for Navy Federal Credit Union. Signed by District Judge Leonie M. Brinkema on 1/12/2024. (swil) (Entered: 01/17/2024)

ORDER granting 20 Motion for Pro hac vice Appointed Andre Richard Manuel for Navy Federal Credit Union. Signed by District Judge Leonie M. Brinkema on 1/12/2024. (swil) (Entered: 01/17/2024)

NOTICE of Appearance by Christopher Poole Yakubisin on behalf of Andre Robinson, Elise Simone Williams (Sbro) (Entered: 01/19/2024)

NOTICE by Laquita Oliver of Addl Related Action for Consolidation (Pierce, John) (Entered: 01/17/2024)

ORDER granting Motion for Pro hac vice Appointed Scott C. Harris for Andre Robinson,Scott C. Harris for Elise Simone Williams.. Signed by District Judge Leonie M. Brinkema on 1/17/2024. (Sbro) (Entered: 01/19/2024)

ORDER granting Motion for Pro hac vice Appointed Glen L. Abramson for Andre Robinson,Glen L. Abramson for Elise Simone Williams.. Signed by District Judge Leonie M. Brinkema on 1/17/2024. (Sbro) (Entered: 01/19/2024)

ORDER granting Motion for Pro hac vice Appointed Stephen Michael Dunn for Andre Robinson,Stephen Michael Dunn for Elise Simone Williams. Signed by District Judge Leonie M. Brinkema on 1/17/2024. (Sbro) (Entered: 01/19/2024)

ORDER granting 9 Motion to Consolidate Cases (see Order for further details). Signed by District Judge Leonie M. Brinkema on 1/18/2024. (Sbro) (Entered: 01/19/2024)

Motion to appear Pro Hac Vice by Sue-Ann Robinson and Certification of Local Counsel John Pierce Filing fee $ 75, receipt number AVAEDC-9321095. by Laquita Oliver. (Pierce, John) (Entered: 01/22/2024)

Motion to appear Pro Hac Vice by Benjamin Crump and Certification of Local Counsel John Pierce Filing fee $ 75, receipt number AVAEDC-9321279. by Laquita Oliver. (Pierce, John) (Entered: 01/22/2024)

ORDER granting 49 Motion for Pro hac vice Appointed Sue-Ann Robinson for Cherelle Jacob,Sue-Ann Robinson for Laquita Oliver. Signed by District Judge Leonie M. Brinkema on 1/22/2024. (swil) (Entered: 01/23/2024)

ORDER granting 50 Motion for Pro hac vice Appointed Benjamin Crump for Cherelle Jacob,Benjamin Crump for Laquita Oliver. Signed by District Judge Leonie M. Brinkema on 1/22/2024. (swil) (Entered: 01/23/2024)

MOTION to Intervene filed by M. Eugene Gibbs. (Attachments: # 1 Letter, # 2 Envelope)(Sbro) (Entered: 02/07/2024)

1 Letter

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2 Envelope

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ORDERED that movant M. Eugene Gibbs' Motion to Intervene, [Dkt. No. 53], be and is DENIED. Signed by District Judge Leonie M. Brinkema on 2/7/2024. (Sbro) (Entered: 02/07/2024)

Joint MOTION for Entry of an Order Scheduling a Rule 16 Pretrial Conference by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 02/20/2024)

AMENDED COMPLAINT (Consolidated Class Action Complaint) against Navy Federal Credit Union, filed by Laquita Oliver, Marie Pereda, John Jackson, Dennis Walker, Carl Carr, Bob Otondi, Christina Hill, Charles Gardner, Constantina Batchelor.(Silva, Fernando) (Entered: 02/20/2024)

ORDER granting in part 55 JOINT MOTION for Entry of an Order Scheduling a Rule 16 Pretrial Conference; ORDERED that the Clerk schedule a pretrial conference pursuant to Fed. R. Civ. P. 16 in this civil action for Wednesday, April 24, 2024 at 11 :00 a.m. before the assigned magistrate judge. The Court will enter a scheduling order at a future date. Signed by District Judge Leonie M. Brinkema on 02/21/2024. (jlan) (Entered: 02/21/2024)

Set Hearings: Initial Pretrial Conference set for 4/24/2024 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (jlan)

MOTION for Reconsideration re 54 Order on Motion to Intervene filed by M. Eugene Gibbs. (Attachments: # 1 Exhibit, # 2 Envelope)(Sbro) (Entered: 02/27/2024)

Motion to appear Pro Hac Vice by Shana Khader and Certification of Local Counsel Peter Silva Filing fee $ 75, receipt number AVAEDC-9384757. by Constantina Batchelor, Carl Carr, Charles Gardner, Kristoffer Hicks, Christina Hill, Masheeha Hopper, John Jackson, Bob Otondi, Marie Pereda, Dennis Walker. (Silva, Fernando) (Entered: 02/27/2024)

ORDER granting 59 Motion for Pro hac vice Appointed Shana Khader for Kristoffer Hicks,Shana Khader for Masheeha Hopper,Shana Khader for Cherelle Jacob,Shana Khader for Laquita Oliver,Shana Khader for Andre Robinson,Shana Khader for Elise Simone Williams. Signed by District Judge Leonie M. Brinkema on 2/27/2024. (swil) (Entered: 02/27/2024)

ORDERED that movant M. Eugene Gibbs' Motion for Reconsideration, [Dkt. No. 58], be and is DENIED (see Order for further details). Signed by District Judge Leonie M. Brinkema on 2/27/2024. (swil) (Entered: 02/28/2024)

NOTICE OF APPEAL as to 54 Order on Motion to Intervene, 61 Order on Motion for Reconsideration filed by M. Eugene Gibbs (Attachments: # 1 Transcript Order Form, # 2 Envelope)(Sbro) (Entered: 03/21/2024)

MOTION to Dismiss Plaintiff's Amended Complaint by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 03/21/2024)

Memorandum in Support re 64 MOTION to Dismiss Plaintiff's Amended Complaint filed by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 03/21/2024)

Declaration re 64 MOTION to Dismiss Plaintiff's Amended Complaint by Navy Federal Credit Union. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Wilkes Klein, Michaela) (Entered: 03/21/2024)

Notice of Hearing Date set for April 12, 2024 re 64 MOTION to Dismiss Plaintiff's Amended Complaint (Wilkes Klein, Michaela) (Entered: 03/21/2024)

MOTION to Dismiss Plaintiff's Amended Complaint (Corrected) by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 03/21/2024)

Memorandum in Support re 68 MOTION to Dismiss Plaintiff's Amended Complaint (Corrected) filed by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 03/21/2024)

Set Deadline as to 68 MOTION to Dismiss Plaintiff's Amended Complaint (Corrected). Motion Hearing set for 4/12/2024 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )

Transmission of Notice of Appeal to US Court of Appeals re 62 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Sbro, ) (Entered: 03/22/2024)

Joint MOTION to Amend/Correct Briefing Schedule and Hearing Date on Navy Federal's Motion to Dismiss and Strike by Constantina Batchelor, Carl Carr, Charles Gardner, Christina Hill, John Jackson, Laquita Oliver, Bob Otondi, Marie Pereda, Dennis Walker. (Attachments: # 1 Proposed Order Amending Briefing Schedule and Hearing Date on Navy Federal's Motion to Dismiss and Strike)(Silva, Fernando) (Entered: 03/26/2024)

ORDER granting 71 MOTION to Amend/Correct Briefing Schedule and Hearing Date. The deadline for Plaintiffs' opposition to Navy Federal's Motion to Dismiss and to Strike (ECF No. 68) is April 11, 2024 and Navy Federal's reply is April 22, 2024. Hearing on the Motion is set for Friday, May 3, 2024 at 10:00AM. Signed by District Judge Leonie M. Brinkema on 03/27/2024. (wgar, ) (Entered: 03/27/2024)

Set Deadline as to 68 MOTION to Dismiss Plaintiff's Amended Complaint (Corrected). Motion Hearing set for 5/3/2024 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )

USCA Case Number 24-1262 Fourth Circuit, Case Manager Taylor Barton for 62 Notice of Appeal. (Sbro, ) (Entered: 03/29/2024)

Letter to the Court. Please transmit the record re 62 Notice of Appeal : (Sbro, ) (Entered: 03/29/2024)

Memorandum in Opposition re 68 MOTION to Dismiss Plaintiff's Amended Complaint (Corrected) filed by Constantina Batchelor, Carl Carr, Charles Gardner, Christina Hill, John Jackson, Laquita Oliver, Bob Otondi, Marie Pereda, Dennis Walker. (Silva, Fernando) (Entered: 04/11/2024)

Joint Discovery Plan by Navy Federal Credit Union.(Wilkes Klein, Michaela) (Entered: 04/16/2024)

REPLY to Response to Motion re 68 MOTION to Dismiss Plaintiff's Amended Complaint (Corrected) filed by Navy Federal Credit Union. (Wilkes Klein, Michaela) (Entered: 04/22/2024)

Consent MOTION for Extension of Hearing Date on Navy Federal's Motion to Dismiss and to Strike by Constantina Batchelor, Carl Carr, Charles Gardner, Christina Hill, John Jackson, Laquita Oliver, Bob Otondi, Marie Pereda, Dennis Walker. (Attachments: # 1 Proposed Order)(Silva, Fernando) (Entered: 04/24/2024)

ORDER granting 78 Motion to Extend the Hearing Date on Navy Federal's Motion to Dismiss and to Strike. The Hearing on the Motion is set for Friday, May 24, 2024 at 10:00 AM. Signed by District Judge Leonie M. Brinkema on 4/24/2024. (Entered: 04/25/2024)

Reset Deadlines as to 68 MOTION to Dismiss Plaintiff's Amended Complaint (Corrected). Motion Hearing set for 5/24/2024 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (kgall)

ORDERED that the parties are to file an amended proposed joint discovery plan in accordance with the Scheduling Order once it is entered by the District Judge. Signed by Magistrate Judge William E. Fitzpatrick on 4/26/24. (tfitz, ) (Entered: 04/29/2024)

Motion to appear Pro Hac Vice by John Gordon Bergstresser and Certification of Local Counsel F. Peter Silva II Filing fee $ 75, receipt number AVAEDC-9506813. by Constantina Batchelor, Carl Carr, Charles Gardner, Christina Hill, John Jackson, Laquita Oliver, Bob Otondi, Marie Pereda, Dennis Walker. (Silva, Fernando) (Entered: 05/02/2024)

ORDER granting 81 Motion for Pro hac vice Appointed John Gordon Bergstresser for Kristoffer Hicks,John Gordon Bergstresser for Masheeha Hopper,John Gordon Bergstresser for Cherelle Jacob,John Gordon Bergstresser for Laquita Oliver,John Gordon Bergstresser for Andre Robinson,John Gordon Bergstresser for Elise Simone Williams. Signed by District Judge Leonie M. Brinkema on 5/3/2024. (swil) (Entered: 05/03/2024)

MOTION for Discovery (Entry of Negotiated ESI Protocol and Resolution of Disputed Issues Therein) by Constantina Batchelor, Carl Carr, Charles Gardner, Christina Hill, John Jackson, Laquita Oliver, Bob Otondi, Marie Pereda, Dennis Walker. (Attachments: # 1 Proposed Order)(Silva, Fernando) (Entered: 05/10/2024)

Memorandum in Support re 83 MOTION for Discovery (Entry of Negotiated ESI Protocol and Resolution of Disputed Issues Therein) filed by Constantina Batchelor, Carl Carr, Charles Gardner, Christina Hill, John Jackson, Laquita Oliver, Bob Otondi, Marie Pereda, Dennis Walker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Silva, Fernando) (Entered: 05/10/2024)

Notice of Hearing Date re 83 MOTION for Discovery (Entry of Negotiated ESI Protocol and Resolution of Disputed Issues Therein) (Silva, Fernando) (Entered: 05/10/2024)

Set Deadline as to 83 MOTION for Discovery (Entry of Negotiated ESI Protocol and Resolution of Disputed Issues Therein). Motion Hearing set for 5/31/2024 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (triv)

NOTICE of Appearance by Brittany R. Warren on behalf of Navy Federal Credit Union (Warren, Brittany) (Entered: 05/13/2024)

Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 5/24/2024 in re 68 MOTION to Dismiss Plaintiff's Amended Complaint. Hassan Zavareei, Adam Levitt, Shana Khader, Fernando Silva, Sue- Ann Robinson and Daniel Schwartz appeared on behalf of plaintiffs. Ronald Manchen and Brittany Warren appeared on behalf of defendant. Motion 68 - GRANTED. Order to Follow. Plaintiffs to file amended complaint 14 days after order is entered. (Court Reporter S. Austin)(kgall) (Entered: 05/24/2024)

Consent MOTION for Extension of Time to File Response/Reply as to 83 MOTION for Discovery (Entry of Negotiated ESI Protocol and Resolution of Disputed Issues Therein) and to Vacate Hearing Noticed at 85 by Navy Federal Credit Union. (Attachments: # 1 Proposed Order)(Wilkes Klein, Michaela) (Entered: 05/24/2024)

TRANSCRIPT of motions hearing held on 5-24-24, before Judge Leonie M. Brinkema, Court Reporter/Transcriber Stephanie Austin, Telephone number 571-298-1649. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/27/2024. Redacted Transcript Deadline set for 7/29/2024. Release of Transcript Restriction set for 8/26/2024.(Austin, Stephanie) (Main Document 89 replaced on 5/28/2024) (jlan, ). (Entered: 05/28/2024)

ORDER granting 88 Motion for Extension of Time to File Response/Reply as to 83 MOTION for Discovery and to Vacate the Hearing on Plaintiffs' ESI Motion. ORDERED that Defendant's Opposition to Plaintiffs' ESI Motion (ECF No. 83) will be due seven (7) days after the filing of Plaintiffs' Amended Complaint. Plaintiffs' Reply, is any, will be due as set forth in the Local Rules. The Hearing on Plaintiffs' ESI Motion, currently set for Friday, May 31, 2024, at 10:00 a.m. (ECF No. 85), will be rescheduled at a later date. The parties shall notice the motion for a hearing once briefing is complete. Signed by Magistrate Judge William E. Fitzpatrick on 05/28/2024. (wgar, ) (Entered: 05/28/2024)

MEMORANDUM OPINION in re 68 MOTION to Dismiss Plaintiff's Amended Complaint. Signed by District Judge Leonie M. Brinkema on 5/30/2024. (kgall) (Entered: 05/30/2024)

ORDER granting in part and denying in part 68 Motion to Dismiss Amended Complaint. ORDERED that the disparate treatment theory contained in Counts I and II of the Consolidated Class Action Complaint ("Complaint") be and is DISMISSED, leaving Counts I and II to proceed under only a disparate impact theory. ORDERED that Counts III, V, VI, and VII of the Complaint be and are DISMISSED in their entirety. ORDERED that the putative class allegations and definition in the Complaint be and are STRICKEN. ORDERED that plaintiffs' request for leave to amend be and is GRANTED IN PART, such that within fourteen (14) days plaintiffs file an amended complaint only as to the claims that are permitted to proceed according to this Order and Memorandum Opinion. ORDERED that within twenty-one (21) days from the filing of plaintiffs' amended complaint defendant file an answer or other responsive pleading (see Order for details). Signed by District Judge Leonie M. Brinkema on 5/30/2024. (kgall) (Entered: 05/30/2024)