Gammel et al v. UNUM Life Insurance Company of America
Plaintiff: Melissa Gammel and Brad Gammel
Defendant: UNUM Life Insurance Company of America
Case Number: 5:2014cv01385
Filed: December 15, 2014
Court: US District Court for the Western District of Oklahoma
Office: Oklahoma City Office
County: Oklahoma
Presiding Judge: Joe Heaton
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 31, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2016 Opinion or Order Filing 95 USCA MANDATE Issued re #84 Notice of Appeal filed by Brad Gammel, Melissa Gammel (em)
August 31, 2016 Opinion or Order Filing 94 ORDER of USCA as to #84 Notice of Appeal filed by Brad Gammel, Melissa Gammel. Rule 33 case terminated. Frap 42; Procedural termination without judicial action. (em)
August 31, 2016 Opinion or Order Filing 93 ENTER ORDER granting #91 defendant's combined notice of satisfaction and release and unopposed motion to find costs taxed against plaintiffs satisfied...the court finds that the costs taxed against plaintiffs have been satisfied and any obligation of plaintiffs as a result of taxation has been released by defendant. Signed by Honorable Joe Heaton on 08/31/2016. (lam)
August 31, 2016 Opinion or Order Filing 92 ENTER ORDER defendant filed its #90 notice of withdrawal of its motion for attorney fees...accordingly, defendant's motion for attorney #80 is stricken. Signed by Honorable Joe Heaton on 08/31/2016. (lam)
August 30, 2016 Opinion or Order Filing 91 UNOPPOSED MOTION for Order To Find Costs Taxed Against Plaintiffs Satisfied and Notice of Satisfaction and Release by UNUM Life Insurance Company of America. (Kane, Matthew)
August 30, 2016 Opinion or Order Filing 90 NOTICE (other) by UNUM Life Insurance Company of America of Withdrawal of Motion for Attorney Fees (Kane, Matthew)
July 12, 2016 Opinion or Order Filing 89 Costs Taxed in amount of $ 2,815.60 against Melissa Gammel and Brad Gammel. (em)
June 16, 2016 Opinion or Order Filing 88 TRANSCRIPT LETTER advising no transcripts are necessary re #84 Notice of Appeal filed by Brad Gammel, Melissa Gammel. The record is ready for appeal purposes. (cla)
June 16, 2016 Opinion or Order Filing 87 TRANSCRIPT Order Form by All Plaintiffs that transcripts are not necessary. See order form for dates and proceedings. (Mansell, Steven)
June 3, 2016 Opinion or Order Filing 86 Tenth Circuit Court of Appeals USCA Case Number 16-6154 for #84 Notice of Appeal filed by Brad Gammel, Melissa Gammel. (cla)
June 2, 2016 Opinion or Order Filing 85 PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re #84 Notice of Appeal. (cla)
June 2, 2016 Opinion or Order Filing 84 NOTICE OF APPEAL by All Plaintiffs. Filing fee $ 505, receipt number 1087-2295986. (Engel, Mark)
June 1, 2016 Opinion or Order Filing 83 ORDER granting #82 the parties' joint motion to stay defendant Unum's motion for award of attorney fees...defendant's motion for attorney fees #80 is stayed pending resolution of any appeal filed in this case. Signed by Honorable Joe Heaton on 05/31/2016. (lam)
May 31, 2016 Opinion or Order Filing 82 JOINT MOTION to Stay Case re #80 MOTION for Attorney Fees by All Plaintiffs. (Engel, Mark)
May 18, 2016 Opinion or Order Filing 81 NOTICE OF BILL OF COSTS HEARING...the Bill of Costs Hearing is set for 7/12/2016 @ 11:00 AM in the Court Clerk's Office, Room 1210. (cla)
May 18, 2016 Opinion or Order Filing 80 MOTION for Attorney Fees by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit 1- Affidavit of Phillip Whaley)(Kane, Matthew)
May 18, 2016 Opinion or Order Filing 79 BRIEF IN SUPPORT Of Bill Of Costs by UNUM Life Insurance Company of America. (Kane, Matthew)
May 18, 2016 Opinion or Order Filing 78 BILL OF COSTS by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit 1- Itemization of Costs, #2 Exhibit 2- Invoices, #3 Exhibit 3- Affidavit of Phillip Whaley)(Kane, Matthew)
May 4, 2016 Opinion or Order Filing 77 JUDGMENT in accordance with order #76 final judgment is entered in favor of defendant as to plaintiffs' claims. Signed by Honorable Joe Heaton on 05/04/2016. (lam)
May 4, 2016 Opinion or Order Filing 76 ORDER granting #46 defendant's motion for summary judgment...see order for specifics. Signed by Honorable Joe Heaton on 05/04/2016. (lam)
May 3, 2016 Opinion or Order Filing 75 ORDER the court has tentatively concluded that summary judgment #46 should be entered in favor of defendant; the case is stricken from the court's 05/2016 trial docket...a written order and final determination will follow in due course. Signed by Honorable Joe Heaton on 05/03/2016. (lam)
April 29, 2016 Opinion or Order Filing 74 RESPONSE to Motion re #66 MOTION in Limine and Brief In Support filed by Brad Gammel, Melissa Gammel. (Engel, Mark)
April 22, 2016 Opinion or Order Filing 73 OBJECTIONS re #63 Proposed Jury Instructions filed by UNUM Life Insurance Company of America. (Kane, Matthew)
April 22, 2016 Opinion or Order Filing 72 OBJECTIONS re #67 Proposed Jury Instructions filed by Brad Gammel, Melissa Gammel. (Engel, Mark)
April 19, 2016 Opinion or Order Filing 71 RESPONSE re #69 Trial Brief filed by Brad Gammel, Melissa Gammel. (Engel, Mark)
April 15, 2016 Opinion or Order Filing 70 COUNTER DESIGNATION OF DEPOSITION TESTIMONY by UNUM Life Insurance Company of America and Objections. (Kane, Matthew)
April 15, 2016 Opinion or Order Filing 69 TRIAL BRIEF by Defendant UNUM Life Insurance Company of America. (Kane, Matthew)
April 15, 2016 Opinion or Order Filing 68 Proposed Voir Dire by Defendant UNUM Life Insurance Company of America. (Kane, Matthew)
April 15, 2016 Opinion or Order Filing 67 Proposed Jury Instructions by Defendant UNUM Life Insurance Company of America. (Kane, Matthew)
April 15, 2016 Opinion or Order Filing 66 MOTION in Limine and Brief In Support by UNUM Life Insurance Company of America. (Kane, Matthew)
April 15, 2016 Opinion or Order Filing 65 FINAL PRETRIAL REPORT. (Engel, Mark)
April 15, 2016 Opinion or Order Filing 64 TRIAL BRIEF by Plaintiffs Brad Gammel, Melissa Gammel. (Engel, Mark)
April 15, 2016 Opinion or Order Filing 63 Proposed Jury Instructions by Plaintiffs Brad Gammel, Melissa Gammel. (Engel, Mark)
April 15, 2016 Opinion or Order Filing 62 Proposed Voir Dire by Plaintiffs Brad Gammel, Melissa Gammel. (Engel, Mark)
April 12, 2016 Opinion or Order Filing 61 CIVIL TRIAL DOCKET: Docket Call set for 05/2016 trial docket is set for 05/04/2016 @ 02:00 PM in Courtroom 301 before Honorable Joe Heaton. Sequence of trials for both criminal and civil cases will be determined at docket call. (Attachments: #1 Attachment 1 - General Rules of Court) (cla)
April 1, 2016 Opinion or Order Filing 60 DESIGNATION OF DEPOSITION TESTIMONY by Brad Gammel, Melissa Gammel . (Engel, Mark)
April 1, 2016 Opinion or Order Filing 59 DESIGNATION OF DEPOSITION TESTIMONY by UNUM Life Insurance Company of America Of Kailin Phillips. (Kane, Matthew)
April 1, 2016 Opinion or Order Filing 58 DESIGNATION OF DEPOSITION TESTIMONY by UNUM Life Insurance Company of America Of Marnie Webb. (Kane, Matthew)
April 1, 2016 Opinion or Order Filing 57 DESIGNATION OF DEPOSITION TESTIMONY by UNUM Life Insurance Company of America Of Matthew Libby. (Kane, Matthew)
April 1, 2016 Opinion or Order Filing 56 DESIGNATION OF DEPOSITION TESTIMONY by UNUM Life Insurance Company of America Of Denise Legendre. (Kane, Matthew)
April 1, 2016 Opinion or Order Filing 55 DESIGNATION OF DEPOSITION TESTIMONY by UNUM Life Insurance Company of America Of Joseph McKeon. (Kane, Matthew)
March 30, 2016 Opinion or Order Filing 54 ORDER denying plaintiffs' #43 motion to compel discovery...see order for specifics. Signed by Honorable Joe Heaton on 3/30/2016. (cla)
March 22, 2016 Opinion or Order Filing 53 REPLY by Defendant UNUM Life Insurance Company of America In Support Of Its Motion for Summary Judgment filed by UNUM Life Insurance Company of America. (Kane, Matthew)
March 15, 2016 Opinion or Order Filing 52 RESPONSE to Motion re #46 MOTION for Summary Judgment Plaintiff's Response and Objection to Defendant's Motion for Summary Judgment and Brief Support filed by All Plaintiffs. (Attachments: #1 Exhibit 1 Denial Letters, #2 Exhibit 2 Appeal of Denial Letters, #3 Exhibit 3 Kailin Phillips Depo, #4 Exhibit 4 Denise Legendre Depo, #5 Exhibit 5 Commuted Benefit Worksheet, #6 Exhibit 6 Johnson v. Forethought Life Ins. Order)(Engel, Mark)
March 9, 2016 Opinion or Order Filing 51 ORDER granting #50 plaintiffs' unopposed motion for extension of deadline...plaintiffs shall file their response to defendant's motion for summary judgment #46 not later than 03/15/2016. Signed by Honorable Joe Heaton on 03/09/2016. (lam)
March 7, 2016 Opinion or Order Filing 50 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #46 MOTION for Summary Judgment by Brad Gammel, Melissa Gammel. (Engel, Mark)
February 19, 2016 Opinion or Order Filing 49 SEALED EXHIBIT by Defendant UNUM Life Insurance Company of America Re: #46 MOTION for Summary Judgment (Kane, Matthew)
February 19, 2016 Opinion or Order Filing 48 ORDER granting #45 defendant's motion for leave to file exhibit under seal...defendant may file Exhibit 9 to its motion for summary judgment #46 under seal. Signed by Honorable Joe Heaton on 02/19/2016. (lam)
February 17, 2016 Opinion or Order Filing 47 RESPONSE to Motion re #43 MOTION to Compel Discovery filed by UNUM Life Insurance Company of America. (Kane, Matthew)
February 16, 2016 Opinion or Order Filing 46 MOTION for Summary Judgment by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit 1- Policy, #2 Exhibit 2- Joseph McKeon Affidavit, #3 Exhibit 3- Form Submission, #4 Exhibit 4- Rate Submission, #5 Exhibit 5- Portability File, #6 Exhibit 6- Matthew Libby Deposition Exhibit 1, #7 Exhibit 7- Portability Election Form, #8 Exhibit 8- Employer Letter, #9 Exhibit 9- To Be Filed Under Seal Upon Court Approval, #10 Exhibit 10- National Institutes of Health, Coronary Artery Disease, #11 Exhibit 11- WebMD Coronary Artery Disease, #12 Exhibit 12- Human Aging and Disease, #13 Exhibit 13- National Cancer Institute, SEER Cancer Statistics Review, 1975-2012, #14 Exhibit 14- Impact of Atrial Fibrillation on the Risk of Death, #15 Exhibit 15- Blood Pressure in Adulthood and Life Expectancy, #16 Exhibit 16- UK Department of Health, National Service Framework for Diabetes Standards, #17 Exhibit 17- Diabetes Mellitus, Fasting Glucose, and Risk of Cause-Specific Death, #18 Exhibit 18- Body-mass Index and Cause-Specific Mortality, #19 Exhibit 19- Obesity in Adulthood and Its Consequences for Life Expectancy, #20 Exhibit 20- Life Expectancy and Years of Potential Life Lost, #21 Exhibit 21- Deposition of Matthew LIbby, #22 Exhibit 22- Claims Manual, Portability, #23 Exhibit 23- Death Certificate, #24 Exhibit 24- Medical Review I, #25 Exhibit 25- Denial, #26 Exhibit 26- Conversion Commutation Calculation, #27 Exhibit 27- Application for Benefits, #28 Exhibit 28- Appeal, #29 Exhibit 29- Medical Review II, #30 Exhibit 30- Denial of Appeal)(Kane, Matthew) (Attachment 7 replaced on 2/17/2016) (cla). (Attachment 25 replaced on 2/17/2016) (cla). (Attachment 26 replaced on 2/17/2016) (cla). (Attachment 27 replaced on 2/17/2016) (cla). (Attachment 30 replaced on 2/17/2016) (cla). Documents replaced on 2/17/2016 for redaction purposes (cla).
February 16, 2016 Opinion or Order Filing 45 UNOPPOSED MOTION to Seal Document by UNUM Life Insurance Company of America. (Kane, Matthew)
February 10, 2016 Opinion or Order Filing 44 ORDER defendant's response to plaintiffs' motion to compel discovery #43 shall be filed on or before 02/17/2016. Signed by Honorable Joe Heaton on 02/10/2016. (lam)
February 9, 2016 Opinion or Order Filing 43 MOTION to Compel Discovery by All Plaintiffs. (Attachments: #1 Exhibit Policy Form, #2 Exhibit Application Form, #3 Exhibit Commuted Benefit Worksheet, #4 Exhibit 11.04.2004 Order Hays v. Conseco)(Engel, Mark)
February 9, 2016 Opinion or Order Filing 42 ENTRY of Appearance by Mark Adam Engel on behalf of Brad Gammel, Melissa Gammel (Engel, Mark)
February 1, 2016 Opinion or Order Filing 41 ORDER granting #40 plaintiffs' unopposed motion for extension of time...plaintiffs may file their motion to compel not later than 02/09/2016. Signed by Honorable Joe Heaton on 02/01/2016. (lam)
January 29, 2016 Opinion or Order Filing 40 UNOPPOSED MOTION for Extension of Time to File Motion to Compel by All Plaintiffs. (Engel, Mark)
January 29, 2016 Opinion or Order Filing 39 ORDER granting #38 the parties' joint motion for leave to take 2 depositions after the 02/01/2016 discovery cutoff. Signed by Honorable Joe Heaton on 01/29/2016. (lam)
January 28, 2016 Opinion or Order Filing 38 JOINT MOTION for Order To Conduct Limited Discovery After the Discovery Deadline by UNUM Life Insurance Company of America. (Kane, Matthew)
January 13, 2016 Opinion or Order Filing 37 NOTICE to Take Deposition of Joe McKeon by All Plaintiffs. (Engel, Mark)
January 13, 2016 Opinion or Order Filing 36 NOTICE to Take Deposition of Marnie Webb by All Plaintiffs. (Engel, Mark)
January 13, 2016 Opinion or Order Filing 35 NOTICE to Take Deposition of Matthew Libby by All Plaintiffs. (Engel, Mark)
January 13, 2016 Opinion or Order Filing 34 NOTICE to Take Deposition of Denise Legendre by All Plaintiffs. (Engel, Mark)
January 13, 2016 Opinion or Order Filing 33 NOTICE to Take Deposition of Kailin Phillips by All Plaintiffs. (Engel, Mark)
January 8, 2016 Opinion or Order Filing 32 NOTICE of Subpoena by UNUM Life Insurance Company of America (Attachments: #1 Exhibit 1- Proposed Subpoena)(Kane, Matthew)
January 8, 2016 Opinion or Order Filing 31 NOTICE of Subpoena by UNUM Life Insurance Company of America (Attachments: #1 Exhibit 1- Proposed Subpoena)(Kane, Matthew)
January 8, 2016 Opinion or Order Filing 30 NOTICE of Subpoena by UNUM Life Insurance Company of America (Attachments: #1 Exhibit 1- Proposed Subpoena)(Kane, Matthew)
December 1, 2015 Opinion or Order Filing 29 REVISED SCHEDULING ORDER: Motions in limine due 04/15/2016; Jury instructions due 04/15/2016; Voir dire requests due 04/15/2016; Trial briefs due 04/15/2016; Discovery due by 2/1/2016. Jury Trial set on the court's 05/2016 trial docket in Courtroom 301 before Honorable Joe Heaton. Motions due by 2/15/2016. Pretrial Report due by 4/15/2016. Signed by Honorable Joe Heaton on 12/01/2015. (lam)
December 1, 2015 Opinion or Order Filing 28 ORDER granting #27 the parties' joint motion for extension of deadlines...see separate revised scheduling order for specifics; the parties should not anticipate further extensions. Signed by Honorable Joe Heaton on 12/01/2015. (lam)
November 30, 2015 Opinion or Order Filing 27 JOINT MOTION for Extension of Time Of All Remaining Deadlines by UNUM Life Insurance Company of America. (Kane, Matthew)
November 16, 2015 Opinion or Order Filing 26 OBJECTIONS re #22 Exhibit List filed by UNUM Life Insurance Company of America. (Kane, Matthew)
November 16, 2015 Opinion or Order Filing 25 Exhibit List by Defendant UNUM Life Insurance Company of America. (Kane, Matthew)
November 16, 2015 Opinion or Order Filing 24 Witness List by Defendant UNUM Life Insurance Company of America. (Kane, Matthew)
November 12, 2015 Opinion or Order Filing 23 NOTICE of Subpoena by UNUM Life Insurance Company of America (Attachments: #1 Exhibit 1- Proposed Subpoena)(Kane, Matthew)
November 2, 2015 Opinion or Order Filing 22 Exhibit List by Plaintiffs Brad Gammel, Melissa Gammel. (Engel, Mark)
November 2, 2015 Opinion or Order Filing 21 Witness List by Plaintiffs Brad Gammel, Melissa Gammel. (Engel, Mark)
July 14, 2015 Opinion or Order Filing 20 REVISED SCHEDULING ORDER: Motions in limine due 02/15/2016; Jury instructions due 02/15/2016; Voir dire requests due 02/15/2016; Trial briefs due 02/15/2016; Discovery due by 12/1/2015. Jury Trial set on the court's 03/2016 trial docket in Courtroom 304 before Honorable Joe Heaton. Motions due by 12/15/2015. Pretrial Report due by 2/15/2016. Signed by Honorable Joe Heaton on 07/14/2015. (lam)
July 14, 2015 Opinion or Order Filing 19 ORDER granting #18 the parties' joint motion for extension of deadlines...see separate revised scheduling order for specifics. Signed by Honorable Joe Heaton on 07/14/2015. (lam)
July 13, 2015 Opinion or Order Filing 18 JOINT MOTION for Extension of Time Of All Remaining Deadlines by UNUM Life Insurance Company of America. (Kane, Matthew)
March 2, 2015 Opinion or Order Filing 17 SCHEDULING ORDER: Motions in limine due 11/15/2015; Jury instructions due 11/15/2015; Voir dire requests due 11/15/2015; Trial briefs due 11/15/2015; Discovery due by 9/1/2015. Jury Trial set on the court's 12/2015 trial docket in Courtroom 304 before Honorable Joe Heaton. Motions due by 9/15/2015. Pretrial Report due by 11/15/2015. Signed by Honorable Joe Heaton on 03/02/2015. (lam)
March 2, 2015 Opinion or Order Filing 16 ORDER striking the 03/03/2015 status conference...see separate scheduling order for specific deadlines and trial setting. Signed by Honorable Joe Heaton on 03/02/2015. (lam)
February 23, 2015 Opinion or Order Filing 15 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs Brad Gammel, Melissa Gammel. (Engel, Mark)
February 6, 2015 Opinion or Order Filing 14 CIVIL STATUS CONFERENCE DOCKET: Scheduling Conference set for 03/03/2015 @ 10:50 AM in Chambers before Honorable Joe Heaton. Status Report due by 02/24/2015. (lam)
January 23, 2015 Opinion or Order Filing 13 ANSWER to Complaint and Affirmative Defenses by UNUM Life Insurance Company of America.(Kane, Matthew)
January 8, 2015 Opinion or Order Filing 12 ORDER granting #10 defendant's unopposed motion for extension of deadline...defendant shall file its answer or other responsive pleading to plaintiffs' complaint not later than 01/23/2015. Signed by Honorable Joe Heaton on 01/08/2015. (lam)
January 7, 2015 Opinion or Order Filing 11 DISCLOSURE STATEMENT - CORPORATE by UNUM Life Insurance Company of America . (Attachments: #1 Exhibit 1-Corporate Structure)(Whaley, Phillip)
January 7, 2015 Opinion or Order Filing 10 UNOPPOSED MOTION for Extension of Time to File Answer , Move Against or Otherwise Respond to Plaintiff's Complaint by UNUM Life Insurance Company of America. (Whaley, Phillip)
January 7, 2015 Opinion or Order Filing 9 ENTRY of Appearance by Phillip G Whaley on behalf of UNUM Life Insurance Company of America (Whaley, Phillip)
January 7, 2015 Opinion or Order Filing 8 ENTRY of Appearance by Matthew C Kane on behalf of UNUM Life Insurance Company of America (Kane, Matthew)
December 29, 2014 Opinion or Order Filing 7 ENTRY of Appearance by Kenneth G Cole on behalf of All Plaintiffs (Cole, Kenneth)
December 29, 2014 Opinion or Order Filing 6 ENTRY of Appearance by Mark A Engel on behalf of All Plaintiffs (Engel, Mark)
December 29, 2014 Opinion or Order Filing 5 ENTRY of Appearance by Steven S Mansell on behalf of All Plaintiffs (Mansell, Steven)
December 24, 2014 Opinion or Order Filing 4 ENTER ORDER directing counsel for plaintiffs to file an entry of appearance not later than 12/29/2014. Signed by Honorable Joe Heaton on 12/24/2014. (lam)
December 23, 2014 Opinion or Order Filing 3 SUMMONS Returned Executed by Melissa Gammel, Brad Gammel. UNUM Life Insurance Company of America served on 12/18/2014. (Attachments: #1 Appendix Green Card)(Engel, Mark)
December 17, 2014 Opinion or Order PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-1982998. (Engel, Mark)
December 16, 2014 Opinion or Order Filing 2 Summons Issued Electronically as to UNUM Life Insurance Company of America. (pw)
December 15, 2014 Opinion or Order Filing 1 COMPLAINT against UNUM Life Insurance Company of America filed by Melissa Gammel, Brad Gammel. (Attachments: #1 Civil Cover Sheet)(pw)

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Plaintiff: Melissa Gammel
Represented By: Kenneth G Cole
Represented By: Mark A Engel
Represented By: Steven S Mansell
Represented By: Adam Engel
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Plaintiff: Brad Gammel
Represented By: Kenneth G Cole
Represented By: Mark A Engel
Represented By: Steven S Mansell
Represented By: Adam Engel
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Defendant: UNUM Life Insurance Company of America
Represented By: Matthew C Kane
Represented By: Phillip G Whaley
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