Amy Kries-Otis v. Marmalade LLC et al
| Amy Kries-Otis |
| Marmalade LLC, The Marmalade LLC Group Life Insurance Plan and United of Omaha Life Insurance Company |
| 2:2013cv03635 |
| May 21, 2013 |
| US District Court for the Central District of California |
| Stephen J Hillman |
| John F Walter |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on December 6, 2013. A more recent docket listing may be available from PACER.
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Filing 45
ORDER by Judge John F. Walter GRANTING Stipulation for Dismissal of Entire Action With Prejudice #44 . Pursuant to the stipulation of the parties, the above entitled action is dismissed with prejudice. Each party to bear their own fees and costs. (jp)
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| Filing 44 Joint STIPULATION to Dismiss Case pursuant to Settled filed by Defendant Marmalade LLC, The Marmalade LLC Group Life Insurance Plan. (Attachments: #1 Proposed Order GRANTING STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE)(Johanson, David) |
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Filing 43
ORDER CONTINUING THE LAST DAY TO RE-OPEN CASE FOR PURPOSES OF COMPLETING SETTLEMENT by Judge John F. Walter. The Court, having read and considered the Stipulation #42 submitted by the parties and finding good cause therefor, hereby continues the last date to re-open this case to 12/24/2013. (jp)
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| Filing 42 Second STIPULATION to Continue LAST DAY TO RE-OPEN CASE FOR THE PURPOSE OF COMPLETION OF SETTLEMENT filed by Plaintiff Amy Kries-Otis. (Attachments: #1 Proposed Order)(Chandler, Corinne) |
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Filing 41
ORDER CONTINUING THE LAST DAY TO RE-OPEN CASE FOR PURPOSE OF COMPLETING SETTLEMENT by Judge John F. Walter. The Court, having read and considered the Stipulation submitted by the parties and finding good cause therefor, hereby continues the last date to re-open this case to December 3, 2013., re Stipulation to Continue #40 (bp)
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| Filing 40 STIPULATION to Continue LAST DAY TO RE-OPEN CASE FOR PURPOSES OF COMPLETING SETTLEMENT from 11/12/13 to 12/3/13 filed by Plaintiff Amy Kries-Otis. (Attachments: #1 Proposed Order)(Chandler, Corinne) |
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Filing 39
MINUTES: (IN CHAMBERS): ORDER OF DISMISSAL: In the Parties' Joint Status Report of Settlement Proceedings filed on October 10, 2013, #38 , the parties represent that they have settled this action. As a result, the Courtdismisses this action without prejudice subject to either party reopening the action on or before November 12, 2013. The Court will retain jurisdiction for the sole purpose of enforcing the settlement until November 12, 2013. Thereafter, absent further order of the Court, the Clerk is ordered to dismiss this action with prejudice. All dates in this action, including the trial date are vacated IT IS SO ORDERED by Judge John F. Walter. (Made JS-6. Case Terminated.) (ir)
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| Filing 38 STATUS REPORT [PARTIES JOINT STATUS REPORT OF SETTLEMENT PROCEEDINGS] filed by Plaintiff Amy Kries-Otis. (Chandler, Corinne) |
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Filing 37
MINUTES (IN CHAMBERS): ORDER DENYING MOTION TO DISMISS PLAINTIFF'S FIRST AND SECOND CLAIMS FOR RELIEF IN THE FIRST AMENDED COMPLAINT [filed 8/19/13; Docket No.33] by Judge John F. Walter: The Court finds that the issues raised by Omaha Life are more appropriately resolved by cross-motions for summary judgment on all claims for relief. Accordingly, Omaha Life's Motion is DENIED. (bp)
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| Filing 36 OPPOSITION in opposition to re: MOTION to Dismiss Plaintiff's First and Second Claims for Relief in the First Amended Complaint #33 [ALTERNATIVE REQUEST FOR LEAVE TO FILE SECOND AMENDED COMPLAINT SUBMITTED IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS] filed by Plaintiff Amy Kries-Otis. (Chandler, Corinne) |
| Filing 35 REPLY In Support of MOTION to Dismiss Plaintiff's First and Second Claims for Relief in the First Amended Complaint #33 filed by Defendant United of Omaha Life Insurance Company. (Murray, Misty) |
| Filing 34 MEMORANDUM in Opposition to MOTION to Dismiss Plaintiff's First and Second Claims for Relief in the First Amended Complaint #33 filed by Plaintiff Amy Kries-Otis. (Attachments: #1 Declaration of Corinne Chandler, #2 Request for Judicial Notice)(Chandler, Corinne) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First and Second Claims for Relief in the First Amended Complaint filed by Defendant United of Omaha Life Insurance Company. Motion set for hearing on 9/23/2013 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Sandy Valeika in Support of Motion to Dismiss, #2 Exhibits A-C to Sandy Valeika Declaration)(Murray, Misty) |
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Filing 32
ORDER CONTINUING THE LAST DAY TO CONDUCT SETTLEMENT CONFERENCE by Judge John F. Walter. The Court, having read and considered the Stipulation #31 and finding good cause, hereby continues the last date to conduct a settlement conference from 9/10/2013 to 10/3/2013 at 8:30 AM. The last date to submit a joint status report regarding the results of the mediation is hereby continued from 9/17/2013 to 10/10/2013. (jp)
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| Filing 31 STIPULATION to Continue Last Day to Conduct Settlement Conference from 9/10/13 to 10/3/13 filed by Plaintiff Amy Kries-Otis. (Attachments: #1 Proposed Order)(Chandler, Corinne) |
| Filing 30 ANSWER filed by Defendants Marmalade LLC, The Marmalade LLC Group Life Insurance Plan.(Johanson, David) |
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Filing 29
ORDER on Stipulation for Extension of Time for Defendant to Respond to Plaintiff's First Amended Complaint (By Not More Than 30 Days) #27 by Judge John F. Walter Defendant United of Omaha Life Insurance Company shall have up to and including 8/19/2013 to answer or otherwise respond to the First Amended Complaint. (jp)
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| Filing 27 STIPULATION for Extension of Time to File Answer to 8/19/2013 re Amended Complaint, #23 filed by Defendant United of Omaha Life Insurance Company. (Attachments: #1 Proposed Order)(Murray, Misty) |
| Filing 28 AMENDED COMPLAINT against defendants Marmalade LLC, The Marmalade LLC Group Life Insurance Plan, United of Omaha Life Insurance Company amending Amended Complaint #23 , filed by plaintiff Amy Kries-Otis. (jp) |
| Filing 26 EXHIBIT Filed filed by Plaintiff Amy Kries-Otis. as to Amended Complaint, #23 . (Davis, Beth) |
| Filing 25 DECLARATION of David R. Johanson Lead Counsel re: Compliance with General Order Authorizing Electronic Filing filed by Defendants Marmalade LLC, The Marmalade LLC Group Life Insurance Plan. (Johanson, David) |
| Filing 24 Notice of Interested Parties filed by Defendant Marmalade LLC, The Marmalade LLC Group Life Insurance Plan, (Johanson, David) |
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Filing 22
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (jp)
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| Filing 21 MINUTE IN CHAMBERS by Judge John F. Walter: The Court has reviewed the parties' Joint Rule 26(f) Report #18 and finds that a Scheduling Conference is not necessary. The Scheduling Conference currently on calendar for 7/29/2013 at 8:30 AM., is hereby vacated and the matter taken off calendar. The Court has filed its Scheduling and Case Management Order and the Order/Referral to ADR. Any unserved DOE defendants are dismissed at this time. Court hereby waives the ordinary pretrial requirements and instead establishes the following pretrial procedures and dates: File Administrative Record: November 4, 2013. Last day for hearing Motion for Summary Judgment: December 16, 2013. File Opening Trial Briefs and Joint Glossary of Medical Terms January 21, 2014. File Responsive Trial Briefs: January 28, 2014. File and Exchange Proposed Findings of Fact and Conclusions of Law: January 21, 2014. File and serve Underlined Findings of Fact and Conclusions of Law: January 28, 2014. Trial: February 4, 2014. Trial will begin at 8:30 AM. (jp) |
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Filing 20
ORDER/REFERRAL TO ADR:The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to ADR PROCEDURE NO. 3: Private mediation. The ADR proceeding is to be completed no later than: September 10, 2013 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sr) TEXT ONLY ENTRY
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Filing 19
ORDER VACATING SCHEDULING CONFERENCE:The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on July 29, 2013 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sr) TEXT ONLY ENTRY
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| Filing 23 AMENDED COMPLAINT against defendants Marmalade LLC, The Marmalade LLC Group Life Insurance Plan, United of Omaha Life Insurance Company amending Complaint #1 , filed by plaintiff Amy Kries-Otis. (jp) (jp). |
| Filing 18 STATUS REPORT JOINT filed by Defendant Marmalade LLC. (Johanson, David) |
| Filing 17 JOINT STIPULATION REGARDING EXTENSION OF TIME FOR DEFENDANTS MARMALADE, LLC AND THE MARMALADE, LLC GROUP LIFE INSURANCE PLAN TO RESPOND TO THE COMPLAINT (Johanson, David) |
| Filing 16 SCHEDULING NOTICE by Judge John F. Walter re: Stipulation to Continue, #15 . Request is denied. Lead counsel is excused from appearing at Scheduling Conference. Co-counsel may appear. Also, please note that future requests that do not comply fully with the Court's Standing Order and the local rules will be rejected/denied. In addition to delvering courtesy copies by 10am to chambers, a proposed order must be emailed to the chambers email address immediately upon filing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sr) TEXT ONLY ENTRY |
| Filing 15 STIPULATION to Continue Scheduling Conference from 7/29/2013 to 8/26/2013 Re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,, #13 filed by Defendant United of Omaha Life Insurance Company. (Attachments: #1 Proposed Order)(Murray, Misty) |
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Filing 14
STANDING ORDER by Judge John F. Walter (see attached Order for further details). (jp)
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Filing 13
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for Scheduling Conference set for 7/29/2013 at 8:30 AM. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before 7/22/2013. (jp)
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| Filing 12 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Suzanne H. Segal to Judge John F. Walter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Stephen J. Hillman. The case number will now reflect the initials of the transferee Judges CV13-03635 JFW (SHx). (at) |
| Filing 11 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant United of Omaha Life Insurance Company. (Murray, Misty) |
| Filing 10 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge (Chandler, Corinne) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Amy Kries-Otis, upon Defendant United of Omaha Life Insurance Company served on 5/30/2013, answer due 7/22/2013. Service of the Summons and Complaint were executed upon Becky DeGeorge, Person Authorized to Accept in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Chandler, Corinne) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Amy Kries-Otis, upon Defendant The Marmalade LLC Group Life Insurance Plan served on 5/28/2013, answer due 6/18/2013. Service of the Summons and Complaint were executed upon Gary Morrow, Registered Agent in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Chandler, Corinne) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Amy Kries-Otis, upon Defendant Marmalade LLC served on 5/30/2012, answer due 6/20/2012. Service of the Summons and Complaint were executed upon Gary Morrow, Registered Agent in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Chandler, Corinne) |
| Filing 6 STIPULATION Extending Time to Answer the complaint as to United of Omaha Life Insurance Company answer now due 7/22/2013, re Complaint - (Discovery) #1 filed by Defendant United of Omaha Life Insurance Company.(Murray, Misty) |
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Filing 5
MINUTE ORDER IN CHAMBERS by Magistrate Judge Suzanne H. Segal: This action has been assigned for all purposes to the calendar of Magistrate Judge Suzanne H. Segal under the Civil Consent Pilot Project. (Attachments: #1 STATEMENT OF CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE) (mr)
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| Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Suzanne H. Segal. (car) |
| Filing 3 21 DAY Summons Issued re Complaint #1 as to Defendants Marmalade LLC, The Marmalade LLC Group Life Insurance Plan, United of Omaha Life Insurance Company. (car) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Amy Kries-Otis (car) (mg). |
| Filing 1 COMPLAINT against Defendants Marmalade LLC, The Marmalade LLC Group Life Insurance Plan, United of Omaha Life Insurance Company.(Filing fee $ 400 PAID), filed by plaintiff Amy Kries-Otis.(car) (mg). |
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