Cunningham v. Lincoln National Life Insurance Company
Plaintiff: Hazel A Cunningham
Defendant: Lincoln National Life Insurance Company
Case Number: 2:2019cv05197
Filed: September 17, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Michelle H Burns
Referring Judge: Dominic W Lanza
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2019 Opinion or Order Filing 25 SCHEDULING ORDER: Discovery due by 10/6/2020. Dispositive motions due by 4/1/2021 [see attached Order for details]. Signed by Judge Dominic W Lanza on 11/6/19. (MAW)
November 6, 2019 Opinion or Order Filing 24 ORDER: The Court, having reviewed the parties' joint Rule 26(f) report (Doc. #23 ), concludes it is unnecessary to hold a Rule 16 Case Management Conference. Accordingly, the Rule 16 Case Management Conference set on November 8, 2019, is vacated. The Court will separately issue the Case Management Order. Counsel are to note at Item 11 of the Case Management Order that the deadlines are real, and the Court will enforce the deadlines set forth in the Order. The parties should plan their litigation activities accordingly. Ordered by Judge Dominic W Lanza on 11/6/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
November 1, 2019 Filing 23 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Hazel A Cunningham. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Dillenburg, Richard)
October 24, 2019 Filing 22 NOTICE TO FILER OF DEFICIENCY re: #21 Notice of Service of Responses to Mandatory Initial Discovery filed by Lincoln National Life Insurance Company. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
October 24, 2019 Filing 21 *NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Lincoln National Life Insurance Company. (Tucker, Stacy) *Document not in compliance with LRCiv 7.1(a)(3). Attorney noticed on 10/25/2019 (RMV).
October 16, 2019 Filing 20 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Hazel A Cunningham. (Dillenburg, Richard)
October 2, 2019 Opinion or Order Filing 19 ORDER: Defense counsel Stacy M. Tucker may appear telephonically for the Rule 16 Case Management Conference set on 11/8/2019 at 10:00 a.m. Counsel is directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel is advised that speaker phones and cell phones are not permitted. Ordered by Judge Dominic W Lanza on 10/2/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
October 2, 2019 Opinion or Order Filing 18 ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for November 8, 2019, at 10:00 a.m. in Courtroom 601, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151 [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/2/19. (MAW)
October 1, 2019 Opinion or Order Filing 17 ORDER that this matter be reassigned to the Honorable Dominic W. Lanza, United States District Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-05197-PHX-DWL. IT IS FURTHER ORDERED that the Rule 16 conference set for October 11, 2019 is vacated to be reset by Judge Lanza. Thus, the motion to continue #16 is denied as moot. Signed by Senior Judge James A Teilborg on 10/01/2019. (REK)
September 27, 2019 Filing 16 Joint MOTION to Continue Rule 16 Scheduling Conference by Hazel A Cunningham. (Attachments: #1 Text of Proposed Order Proposed Order)(Dillenburg, Richard)
September 27, 2019 Opinion or Order Filing 15 ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for Friday, 10/11/2019 at 01:00 PM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge James A. Teilborg. Proposed Case Management Plan due not less than ten (10) days before the Scheduling Conference. (See attached order for additional information.) Signed by Senior Judge James A. Teilborg on 9/27/2019. (RMW)
September 27, 2019 Opinion or Order Filing 14 STANDARD CIVIL TRACK INITIAL ORDER: IT IS ORDERED that that the parties must comply with Gen. Ord. No. 17-08 (D. Ariz. Apr. 14, 2017) regarding the mandatory initial discovery responses. IT IS FURTHER ORDERED that full compliance with Federal Rule of Civil Procedure 7.1 (filing of a Corporate Disclosure Statement) is required by plaintiff(s) and defendant(s), if applicable. A Corporate Disclosure Statement form is available under Operations and Filings, Forms on the district court website at www.azd.uscourts.gov. (See attached order for additional information.) Signed by Senior Judge James A. Teilborg on 9/27/2019. (RMW)
September 27, 2019 Filing 13 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge James A Teilborg. All further pleadings/papers should now list the following COMPLETE case number: CV-19-5197-PHX-JAT. IT IS FURTHER ORDERED That the Scheduling Conference date is affirmed unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
September 26, 2019 Filing 12 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
September 25, 2019 Opinion or Order Filing 10 ORDER SETTING RULE 16 CASE MANAGMENT CONFERENCE: Case Management Conference set for 10/21/2019 at 11:00 AM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. Signed by Magistrate Judge Michelle H Burns on 9/25/2019. (REK)
September 25, 2019 Filing 9 NOTICE TO FILER OF DEFICIENCY re: #8 Corporate Disclosure Statement filed by Lincoln National Life Insurance Company, #7 Answer to Complaint filed by Lincoln National Life Insurance Company. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK)
September 24, 2019 Filing 8 Corporate Disclosure Statement by Lincoln National Life Insurance Company identifying Corporate Parent Lincoln National Corporation for Lincoln National Life Insurance Company. (Tucker, Stacy)
September 24, 2019 Filing 7 ANSWER to Complaint with Jury Demand by Lincoln National Life Insurance Company.(Tucker, Stacy)
September 19, 2019 Filing 6 Additional Attachments to Main Document re: #1 Notice of Removal Supplemental Civil Cover Sheet by Defendant Lincoln National Life Insurance Company. (Tucker, Stacy)
September 18, 2019 Filing 5 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Lincoln National Life Insurance Company. (KEP)
September 18, 2019 Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Lincoln National Life Insurance Company. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the Supplemental Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile with correct PDF document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KEP)
September 18, 2019 Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (KEP)
September 17, 2019 Filing 2 Filing fee paid, receipt number 0970-17410037. This case has been assigned to the Honorable Michelle H. Burns. All future pleadings or documents should bear the correct case number: CV-19-5197-PHX-MHB. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (KEP)
September 17, 2019 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2019-095548. Filing fee received: $ 400.00, receipt number 0970-17410037 filed by Lincoln National Life Insurance Company. (Tucker, Stacy) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Declaration)(KEP)

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Defendant: Lincoln National Life Insurance Company
Represented By: Stacy Monahan Tucker
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Plaintiff: Hazel A Cunningham
Represented By: Scott Edward Davis
Represented By: Richard Anthony Dillenburg
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