Kevin Walker v. AT and T Benefit Plan No. 3 et al
| Kevin Walker |
| AT&T Benefit Plan No. 3, AT&T Services, Inc., AT and T Services, Inc. and AT and T Benefit Plan No. 3 |
| Margaret Levy |
| 2:2021cv00916 |
| February 1, 2021 |
| US District Court for the Central District of California |
| Steve Kim |
| Mark C Scarsi |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Filing 93 TRANSCRIPT ORDER re: Court of Appeals case number 22-55450, as to Plaintiff Kevin Walker for Court Reporter. Court will contact Leanne Capuchin at leanne@erisalg.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Busani, Raquel) |
| Filing 92 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55450 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #91 as to plaintiff Kevin Walker. (lc) |
| Filing 91 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Kevin Walker. Appeal of Judgment,, #90 , Order on Motion to Strike,,, #89 . (Appeal Fee - $505 Previously Paid on 05/02/2022, Receipt No. 33223113.) (Rosati, Robert) |
| FILING FEE PAID for Notice of Appeal to Ninth Circuit Court of Appeals. Receipt No. ACACDC-33223113 for $505 filing fee. (Busani, Raquel) |
| Filing 90 JUDGMENT by Judge Mark C. Scarsi. IT IS ADJUDGED that judgment is entered in favor of Defendants AT and T Benefit Plan No. 3 and AT and T Services, Inc. and against Plaintiff Kevin Walker on all claims in Plaintiff's Complaint. The action is dismissed with prejudice. Plaintiff shall take nothing from this action, and Defendants are entitled to their costs of suit. Related to: Order re Order re: Motion for Summary Judgment (ECF No. 61), Judgment on a Bench Trial (ECF No. 63), and Motion to Strike (ECF No. 72) #89 . (MD JS-6, Case Terminated). (jp) |
Filing 89
ORDER RE: MOTION FOR SUMMARY JUDGMENT (ECF NO. #61 ), JUDGMENT ON A BENCH TRIAL (ECF NO. #63 ), AND MOTION TO STRIKE (ECF NO. #72 ) by Judge Mark C. Scarsi. The Court GRANTS IN PART and DENIES IN PART Defendants' motion for summary judgment, ECF No. 61. The Court DENIES Plaintiff's motion for judgment following a bench trial, ECF No. 63. The Court DENIES AS MOOT Defendants' motion to strike, ECF No. 72.The Court denies as premature the request for attorney's fees and prejudgment interest. Attorney's fees can be sought under a properly noticed motion under Federal Rule of Civil Procedure 54. Prejudgment interest can be awarded at the rate prescribed for post-judgment interest under 28 USC section 1961. Grosz-Salomon v. Paul Revere Life Ins. Co, 237 F.3d 1154, 1164 (9th Cir. 2011). The Court directs the Clerk to enter judgment and close the case. (jp)
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Filing 88
ORDER GRANTING APPLICATION of Non-Resident Attorney Stacey A. Campbell to Appear Pro Hac Vice on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. and Designating Lamie E. She1wood, and Kathe1ine P. Gardiner, as local counsel #86 by Judge Mark C. Scarsi. (lc)
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| Filing 87 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Stacey A. Campbell to Appear Pro Hac Vice on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33055523) #86 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Case information is incomplete. DJ and MJ initials missing on application and proposed order. (lt) |
| Filing 86 APPLICATION of Non-Resident Attorney Stacey A. Campbell to Appear Pro Hac Vice on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33055523) filed by Defendant AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Attachments: #1 Proposed Order) (Gardiner, Katherine) |
| Filing 85 MEDIATION REPORT Filed by Mediator (ADR Panel) Margaret Levy: Mediation held on 8/11/2021. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(lst) |
| Filing 84 MINUTES OF BENCH TRIAL (NON-EVIDENTIARY) AND DEFENDANT'S MOTION TO STRIKE PLAINTIFF SSDI FILE #72 held and completed before Judge Mark C. Scarsi: The bench trial is held. Counsel address the Court. The Court takes the matterUNDER SUBMISSION and a ruling will be issued. Court Reporter: Miriam Baird. (lc) |
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Filing 83
TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING TIME OF BENCH TRIAL by Judge Mark C. Scarsi: The Court, on its own motion, continues the Bench Trial (Est. 1 day) and Defendant's Motion to Strike Plaintiff's SSDI File (ECF No. #72 ) from 9:00 a.m. to 10:00 a.m. on January 24, 2022 before Judge Mark C. Scarsi. This will be an in-person hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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Filing 82
ORDER DENYING JOINT REQUEST FOR AN ORDER GRANTING APPEARANCE VIA ZOOM AT THE BENCH TRIAL AND HEARING ON DEFENDANTS' MOTION TO STRIKE PLAINTIFFS SSDI FILE #81 by Judge Mark C. Scarsi (lc)
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| Filing 81 Joint REQUEST for Order for Granting Joint Request for Appearance via Zoom at January 24, 2022 Bench Trial and Hearing filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Attachments: #1 Proposed Order Granting Joint Request for an Order Granting Appearance via Zoom at Trial and Hearing) (Macneill, Alison) |
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Filing 80
TEXT ONLY ENTRY (IN CHAMBERS) ORDER ADVANCING BENCH TRIAL AND MOTION (ECF No. #72 ) by Judge Mark C. Scarsi: The Court, on its own motion, advances the Bench Trial (Est. 1 day) and Defendant's Motion to Strike Plaintiff's SSDI File (ECF No. #72 ) from January 25, 2022 to Monday, January 24, 2022 at 9:00 a.m. before Judge Mark C. Scarsi. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law #78 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. OTHER: pdf document is the Proposed findings of fact and conclusions of law. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed Findings of Fact and Conclusions of Law is submitted as Separate Attachment thereto. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 78 PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Macneill, Alison) |
| Filing 77 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Kevin Walker. (Busani, Raquel) |
| Filing 76 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. On its own motion, the Court takes off calendar the hearing on Defendants motion to strike (ECF No. #72 ). The Court will hear all pending motions at the court trial set for January 25, 2022, at 8:30 a.m., if the Court deems them appropriate for hearing. The parties' Joint Request for an Order Granting Telephonic/Zoom Appearance at Hearing re" Defendants' Motion to Strike Plaintiff's SSDI File (ECF No. #75 ) is denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) |
| Filing 75 Joint NOTICE OF MOTION AND MOTION for Leave of Raquel M. Busani, Alison Lungstrum Macneill and/or Katherine Gardiner to Appear for Telephonic or via Zoom filed by plaintiff Kevin Walker. Motion set for hearing on 12/20/2021 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order Granting Request to Appear via telephonically or by Zoom at Motion to Strike) (Busani, Raquel) |
| Filing 74 REPLY Support filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Macneill, Alison) |
| Filing 73 OPPOSITION filed by Plaintiff Kevin Walker. (Attachments: #1 Declaration Decl. of Raquel M Busani In Support of Opposition to Defendants' Motion to Strike)(Busani, Raquel) |
| Filing 72 MEMORANDUM in Support Motion to Strike filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Attachments: #1 Memorandum, #2 Proposed Order)(Attorney Stacey A. Campbell added to party AT and T Benefit Plan No. 3(pty:dft), Attorney Stacey A. Campbell added to party AT and T Services, Inc.(pty:dft))(Campbell, Stacey) |
| Filing 71 REPLY Declaration of Raquel M. Busani In Support of Plaintiff's Trial Brief, MPA in Opposition to Defendants' MSJ and in support of Plaintiff's Reply filed by Plaintiff Kevin Walker. (Busani, Raquel) |
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Filing 70
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION HEARING (ECF No. #61 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to Defendants' Motion for Summary Judgment (ECF No. #61 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on November 15, 2021, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 69 NOTICE OF ERRATA filed by Plaintiff Kevin Walker. correcting Reply (Motion related) #65 to Fact No. 5, only (Busani, Raquel) |
| Filing 68 REPLY in support of Defendants' Motion for Summary Judgment filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Macneill, Alison) |
| Filing 67 REQUEST FOR JUDICIAL NOTICE IN SUPPORT PLAINTIFF KEVIN WALKERS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Kevin Walker. (Busani, Raquel) |
| Filing 66 REPLY PLAINTIFFS CONCISE SEPARATE STATEMENT OF GENUINE DISPUTES PURSUANT TO LR 56-2 filed by Plaintiff Kevin Walker. (Busani, Raquel) |
| Filing 65 REPLY PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNCONTROVERTED FACTS AND SUPPORTING EVIDENCE; PLAINTIFFS PROPOSED CONCLUSIONS OF LAW filed by Plaintiff Kevin Walker. (Busani, Raquel) |
| Filing 64 REPLY Reply Brief in Opposition to Defendants' Motion for Summary Judgment filed by Plaintiff Kevin Walker. (Busani, Raquel) |
| Filing 63 TRIAL BRIEF / Plaintiff's Opening Brief filed by Plaintiff Kevin Walker.. (Attachments: #1 Declaration Decl. of Raquel M Busani ISO Plaintiff's Trial Brief, #2 Declaration Decl. of Kevin Walker ISO Plaintiff's Trial Brief, #3 Declaration Decl. of J. Colin Petersen ISO Plaintiff's Trial Brief, #4 Request for Judicial Notice)(Busani, Raquel) |
| Filing 62 MEMORANDUM in Support of Defendants' Motion for Summary Judgment filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Attachments: #1 Declaration of Jeremy S. Siegel, #2 Exhibit Defendants' [Proposed] Statement of Uncontroverted Facts and Conclusions of Law, #3 Proposed Order Granting Motion and Motion for Summary Judgment)(Macneill, Alison) |
| Filing 61 NOTICE of Motion and Motion for Summary Judgment filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Macneill, Alison) |
| Filing 60 NOTICE of Filing Amended Administrative Record filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Attachments: #1 Exhibit A-1 [AR 1-1257], #2 Exhibit A-2 [AR 1258-1734], #3 Exhibit A-3 [AR 1735-1970], #4 Exhibit A-4 [AR 1971-2256], #5 Exhibit A-5 [AR 2257-2481], #6 Exhibit A-6 [AR 2482-2647], #7 Exhibit A-7 [AR 2648-2867], #8 Exhibit A-8 [AR 2868-3149], #9 Exhibit A-9 [AR 3150-3396], #10 Exhibit A-10 [AR 3397-3427])(Gardiner, Katherine) |
| Filing 59 NOTICE of Filing Administrative Record filed by Defendant AT and T Benefit Plan No. 3. (Attachments: #1 Exhibit A-1 [AR 1-1257], #2 Exhibit A-2 [AR 1258-1734], #3 Exhibit A-3 [AR 1735-1970], #4 Exhibit A-4 [AR 1971-2256], #5 Exhibit A-5 [AR 2257-2481], #6 Exhibit A-6 [AR 2482-2647], #7 Exhibit A-7 [AR 2648-2867], #8 Exhibit A-8 [AR 2868-3149], #9 Exhibit A-9 [AR 3150-3396], #10 Exhibit A-10 [AR 3397-3423])(Gardiner, Katherine) |
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Filing 58
ORDER GRANTING STIPULATION TO SET DEADLINE TO RESPOND TO DISCOVERY AND CONTINUE ADMINISTRATIVE RECORD FILING DEADLINE #57 by Judge Mark C. Scarsi: 1. The deadline by which Defendants must provide verified responses to outstanding discovery is October 6, 2021; and 2. The deadline for filing the Administrative Record for this case is now: October 13, 2021. (lc)
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| Filing 57 STIPULATION for Extension of Time to File Administrative Record filed by Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Attachments: #1 Proposed Order Granting Extension to Respond to Discovery, File AR)(Macneill, Alison) |
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Filing 56
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL [ECF #52 ] by Magistrate Judge Steve Kim. Plaintiff's motion to compel further interrogatory responses and production of documents (ECF #52 ) by Defendants is granted in part and denied in part. The hearing on this motion noticed for September 22, 2021 is vacated. Both sides must bear their own costs and expenses to litigate this motion. (SEE ORDER FOR DETAILS). (clee)
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Filing 55
ORDER by Magistrate Judge Steve Kim: granting #53 Motion for Leave to Appear. The Parties' request for Raquel M. Busani, Katherine Gardiner, and Alison Lungstrum Macneill to appear by Zoom for the hearing re: Plaintiff's Motion to Compel and Request for Fees as Sanctions, scheduled for September 22, 2021, is hereby GRANTED. The Court hereby CONTINUES the time of the hearing only to September 22, 2021 at 11:30 AM. (see document for further details) (hr)
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| Filing 54 SUPPLEMENT to Amended MOTION to Compel Discovery responses and Granting Walker's Request for Attorney's Fees as Sanctions #52 SUPPLEMENTAL BRIEF IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL AND REQUEST FOR ATTORNEYS FEES filed by Plaintiff Kevin Walker. (Busani, Raquel) |
| Filing 53 Joint REQUEST for Leave of Raquel M. Busani, Katherine Gardiner, and Alison Lungstrum Macneil to Appear for Discovery Motion Hearing via Zoom filed by Plaintiff Kevin Walker. Request set for hearing on 9/22/2021 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Proposed Order Proposed Order Granting Joint Request to Appear via Zoom at hearing) (Busani, Raquel) |
| Filing 52 NOTICE OF MOTION AND Amended MOTION to Compel Discovery responses and Granting Walker's Request for Attorney's Fees as Sanctions filed by Plaintiff Kevin Walker. Motion set for hearing on 9/22/2021 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Notice of Errata)(Busani, Raquel) |
| Filing 51 JOINT STIPULATION to MOTION to Compel Discovery responses and Granting Walker's Request for Attorney's Fees as Sanctions #50 filed by Plaintiff Kevin Walker. (Attachments: #1 Declaration Decl. of Raquel M Busani Regarding Discovery Disagreement and in support of Motion to Compel & Request for Fees, #2 Declaration Decl. of Robert J Rosati in support of Plaintiff's Request for Fees, #3 Declaration Decl. of Glenn R. Kantor in support of Plaintiff's Request for Fees)(Busani, Raquel) |
| Filing 50 [SEE AMENDED DOCUMENT #52 ] NOTICE OF MOTION AND MOTION to Compel Discovery responses and Granting Walker's Request for Attorney's Fees as Sanctions filed by Plaintiff Kevin Walker. Motion set for hearing on 9/15/2021 at 10:00 AM before Magistrate Judge Steve Kim. (Busani, Raquel) Modified on 9/1/2021 (clee). |
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Filing 49
ORDER GRANTING STIPULATION TO CONTINUE NON-EXPERT DISCOVERY CUT-OFF DATE FROM SEPTEMBER 17,2021 TO OCTOBER 13, 2021 #48 by Judge Mark C. Scarsi. (lc)
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| Filing 48 Joint STIPULATION to Extend Discovery Cut-Off Date to October 13, 2021 filed by Plaintiff Kevin Walker. (Attachments: #1 Proposed Order Proposed Order Granting Stipulation to Continue Non-Expert Discovery Cut-Off Date)(Busani, Raquel) |
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Filing 47
PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order #45 . (see document for details) (hr)
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| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order #45 . The following error(s) was/were found: Judge Kim requires a redline version in Microsoft Word format to be emailed to Chambers. Please refer to Judge Kim's Procedures and Schedules page (link below) for detailed instructions regarding Protective Orders. http://www.cacd.uscourts.gov/honorable-steve-kim. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) |
| Filing 45 Joint STIPULATION for Protective Order filed by Plaintiff Kevin Walker.(Busani, Raquel) |
| Filing 44 PROOF OF SERVICE filed by Plaintiff Kevin Walker, served on Summons; Complaint upon the USDOL and USDOT. (Rosati, Robert) |
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Filing 43
MINUTES (ORDER IN CHAMBERS) ORDER DENYING DEFENDANTS' MOTION FOR PROTECTIVE ORDER (ECF #36 ) by Magistrate Judge Steve Kim. For all these reasons, Defendants motion for a protective order is denied. Still, even when denying a protective order, the Court may, on just terms, order that any party or person provide or permit discovery. Fed. R. Civ. P. 26(c)(2). To that end, Defendants are ordered to provide written responses consistent with the analysis in this order to Plaintiffs outstanding discovery requests by no later than July 23, 2021. Defendants are also reminded to respond to Plaintiffs requests for production of documents in compliance with the 2015 amendments to Rule 34. See Adv. Comm. Notes to 2015 amendments, Fed. R. Civ. P. 34. [T]hese established amendmentsnow [more than] five years oldprohibit general and boilerplate objections, require targeted objections to be stated with specificity, and compel an explanation of what documents are being withheld based on specific objections. Infanzon v. Allstate Ins. Co., 335 F.R.D. 305, 308-09 (C.D. Cal. 2020). And Defendants must produce all responsive documents, as well as a privilege log for responsive documents being withheld because of an asserted evidentiary privilege, by no later than July 23, 2021. For any remaining disputed issues, the parties must meet-and-confer in good faith as required by Local Rule 37-1. After they have narrowed any unresolvable disputes, the parties may seek an informal discovery conference with the Court in accordance with its posted procedures. (SEE ORDER FOR DETAILS). (clee)
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Filing 42
MINUTES OF HEARING ON DEFENDANTS' MOTION FOR PROTECTIVE ORDER (ECF #36 ) by Magistrate Judge Steve Kim. Case called. Counsel state their appearances for the record. The Court hears oral argument from counsel. Defendants' Motion for Protective Order (ECF 26) is DENIED. Court issues other related discovery orders for efficient case management. A separate minute order will issue with those discovery orders. Defendants must file responses to Plaintiff's requests for production and produce responsive documents (and any applicable privilege log) by no later than July 23, 2021. Court Recorder: Zoom 06/23/21. (clee)
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| Filing 41 SUPPLEMENT to MOTION for Protective Order for From Plaintiff's First Set of Discovery Requests #36 Plaintiff's Supplemental Memorandum of law, Pursuant to L.R. 37-2.3, in Opposition to Defendants Motion for Protective Order filed by Plaintiff Kevin Walker. (Busani, Raquel) |
| Filing 40 AMENDED SCHEDULING NOTICE by Magistrate Judge Steve Kim re: Joint Stipulation Regarding Discovery Disagreement (ECF 35 ) and Motion for Protective Order from Plaintiff's First Set of Discovery Requests (ECF 36 ). Please be advised that the hearing on these matters scheduled for June 23, 2021 at 10:00 AM is CONTINUED AS TO TIME ONLY, to June 23, 2021 at 11:00 AM and will be held REMOTELY via ZOOM VIDEOCONFERENCE. Judge Kim's Zoom Webinar information, including the link to the webinar, can be found on his page on the Court's website. Link provided here: http://www.cacd.uscourts.gov/honorable-steve-kim. Please login 15 minutes prior to the scheduled hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY |
| Filing 39 SCHEDULING NOTICE by Magistrate Judge Steve Kim re: Joint Stipulation Regarding Discovery Disagreement (ECF #35 ) and Motion for Protective Order from Plaintiff's First Set of Discovery Requests (ECF #36 ). Please be advised that the hearing on these matters, scheduled for June 23, 2021 at 10:00 AM will be held REMOTELY via ZOOM VIDEOCONFERENCE. Judge Kim's Zoom Webinar information, including the link to the webinar, can be found on his page on the Court's website. Link provided here: http://www.cacd.uscourts.gov/honorable-steve-kim. Please login 15 minutes prior to the scheduled hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY |
| Filing 38 SCHEDULING NOTICE by Magistrate Judge Steve Kim re: Joint Stipulation Regarding Discovery Disagreement (ECF #35 ) and Motion for Protective Order from Plaintiff's First Set of Discovery Requests (ECF #36 ). On the Court's own motion, the hearing on these matters, previously scheduled for July 14, 2021 at 10:00 AM is hereby ADVANCED to June 23, 2021 at 10:00 AM. The parties shall file any optional supplemental memoranda under L.R. 37-2.3 by no later than June 16, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY |
| Filing 37 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Margaret Levy has been assigned to serve as Panel Mediator. (lst) |
| Filing 36 NOTICE OF MOTION AND MOTION for Protective Order for From Plaintiff's First Set of Discovery Requests filed by defendant AT and T Benefit Plan No. 3. Motion set for hearing on 7/14/2021 at 10:00 AM before Magistrate Judge Steve Kim. (Gardiner, Katherine) |
| Filing 35 Joint STIPULATION for Discovery as to Discovery Disagreement filed by defendant AT and T Benefit Plan No. 3. (Attachments: #1 Declaration with exhibits, #2 Declaration with exhibits)(Gardiner, Katherine) |
| Filing 34 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Margaret Levy may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 8/11/2021 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Kevin Walker(Busani, Raquel) |
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Filing 33
ORDER GRANTING STIPULATION RE: ERISA STREAMLINED PROCEEDINGS, AND SETTING DATES #27 by Judge Mark C. Scarsi: The Pretrial Conference and related filing dates and procedures are waived. Court Trial: January 25, 2022 8:30 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 32
ORDER DENYING JOINT REQUEST FOR LEAVE FOR TELEPHONIC APPEARANCE AT SCHEDULING CONFERENCE #25 by Judge Mark C. Scarsi: The Court has reviewed the Joint Rule 26(f) Report and accompanying stipulation and has determined a hearing is unnecessary. The Court DENIES this request as moot. (lc)
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Filing 31
ORDER/REFERRAL to ADR Procedure No 2 by Judge Mark C. Scarsi. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than August 31, 2021. (smo)
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Filing 30
ORDER RE: COURT TRIAL by Judge Mark C. Scarsi. Bench Trial set for 1/25/2022 at 8:30 AM before Judge Mark C. Scarsi. See document for additional pretrial dates and deadlines. (smo)
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Filing 29
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the parties' Stipulation re: ERISA Streamlined Scheduling with respect to the Scheduling Conference and has concluded that the hearing on May 24, 2021 is not necessary. Accordingly, the Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 28 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties request that the ADR Program assign a Panel Mediator from the following area of law: ERISA LTD benefits. Filed by Plaintiff Kevin Walker(Busani, Raquel) |
| Filing 27 Joint STIPULATION to Clarify ERISA Streamlined Scheduling Dates filed by Plaintiff Kevin Walker. (Attachments: #1 Proposed Order Order Granting Stipulation re ERISA Scheduling Dates)(Busani, Raquel) |
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Filing 26
ORDER GRANTING APPLICATION of Non-Resident Attorney Alison Lungstrum Macneill to Appear Pro Hac Vice on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc and designating Laurie E. Sherwood; Katherine P. Gardiner as local counsel #23 by Judge Mark C. Scarsi (lc)
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| Filing 25 Joint REQUEST for Leave of Raquel M. Busani, Katherine Gardiner, and Alison Lungstrum Macneil to Appear for Telephonic Appearance at Scheduling Conference filed by Plaintiff Kevin Walker. Request set for hearing on 5/24/2021 at 10:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Proposed Order Proposed Order Granting Telephonic Appearance at Scheduling Conference) (Busani, Raquel) |
| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 day, filed by Plaintiff Kevin Walker.. (Busani, Raquel) |
| Filing 23 Corrected APPLICATION of Non-Resident Attorney Alison Lungstrum Macneill to Appear Pro Hac Vice on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 5/6/2021, Receipt No. ACACDC-31249539) filed by Defendant AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Attachments: #1 Proposed Order (PROPOSED) ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Gardiner, Katherine) |
| Filing 22 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Alison Lungstrum Macneill to Appear Pro Hac Vice on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31249539) #20 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by May 12, 2021. (smo) |
| Filing 21 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Alison Lungstrum Macneill to Appear Pro Hac Vice on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31249539) #20 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Case information is incomplete. DJ and MJ initials missing on application and proposed order. (lt) |
| Filing 20 APPLICATION of Non-Resident Attorney Alison Lungstrum Macneill to Appear Pro Hac Vice on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31249539) filed by Defendant AT and T Benefit Plan No. 3, AT and T Services, Inc.. (Attachments: #1 Proposed Order (PROPOSED) ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Gardiner, Katherine) |
| Filing 19 NOTICE of Appearance filed by attorney Laurie E Sherwood on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. (Attorney Laurie E Sherwood added to party AT and T Benefit Plan No. 3(pty:dft), Attorney Laurie E Sherwood added to party AT and T Services, Inc.(pty:dft))(Sherwood, Laurie) |
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Filing 18
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 5/24/2021 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 17 Defendants AT&T Benefit Plan No. 3 and AT&T Services, Inc.'s NOTICE of Interested Parties filed by Defendant All Defendants, identifying AT&T Inc., Sedgwick Claims Management Services, Inc.. (Gardiner, Katherine) |
| Filing 16 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant AT and T Services, Inc..(Gardiner, Katherine) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant AT and T Benefit Plan No. 3.(Gardiner, Katherine) |
| Filing 14 NOTICE of Appearance filed by attorney Katherine Paige Gardiner on behalf of Defendants AT and T Benefit Plan No. 3, AT and T Services, Inc. (Attorney Katherine Paige Gardiner added to party AT and T Services, Inc.(pty:dft))(Gardiner, Katherine) |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by defendant AT and T Benefit Plan No. 3.(Attorney Katherine Paige Gardiner added to party AT and T Benefit Plan No. 3(pty:dft))(Gardiner, Katherine) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Kevin Walker, upon Defendant AT and T Services, Inc. served on 2/5/2021, answer due 2/26/2021. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Rosati, Robert) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Kevin Walker, upon Defendant AT and T Benefit Plan No. 3 served on 2/4/2021, answer due 2/25/2021. Service of the Summons and Complaint were executed upon Agent of Service of Process-cannot read name in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Rosati, Robert) |
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Filing 10
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant AT and T Services, Inc. (car) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant AT and T Benefit Plan No. 3. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Steve Kim. (car) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Kevin Walker. (Rosati, Robert) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Kevin Walker. (Rosati, Robert) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Kevin Walker (Rosati, Robert) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Kevin Walker. (Rosati, Robert) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30343818 - Fee: $402, filed by plaintiff Kevin Walker. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Attorney Robert J Rosati added to party Kevin Walker(pty:pla))(Rosati, Robert) |
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