Boykin v. UNUM Life Ins. Co. of America et al
| Samuel Boykin |
| UNUM Life Insurance Company of America and Valero Services, Inc. Plan |
| 2:2019cv00137 |
| January 22, 2019 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Troy L Nunley |
| 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 44 JUDGMENT signed by District Judge Troy L. Nunley on 3/15/2022 in accordance with #41 Order. CASE CLOSED. (Huang, H) |
| Filing 43 NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Samuel Boykin: Notice of Lodging [Proposed] Judgment. (Attachments: #1 [Proposed] Judgement)(Horrow, Michael) |
| Filing 42 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/15/2022: The parties shall meet and confer as soon as practicable and shall provide the Court with an accounting to determine the amounts owed to Plaintiff in a Proposed Judgment to be filed within fourteen (14) days of entry of the Court's Findings of Fact and Conclusions of Law (ECF No. #41 ). (TEXT ONLY ENTRY) (Krueger, M) |
Filing 41
ORDER signed by District Judge Troy L. Nunley on 2/15/2022 REMANDING CASE to Unum for the limited purposes of enabling Unum to determine whether Plaintiff is entitled to benefits under the "any gainful occupation" standard. (Coll, A)
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| Filing 40 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Charles Kelechi Chineduh for UNUM Life Insurance Company of America, attorney Sevana Babooian and Linda M. Lawson terminated (Chineduh, Charles) |
| Filing 39 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 9/29/2021: The Court is in receipt of Plaintiff's filing concerning the pending Cross-Motions for Judgment (ECF No. #38 ). The Court's heavy caseload has made the submission times for pending motions longer than is customary. Please be assured that the Court is cognizant of the fact that this matter is still pending, and hopes to have its decision filed as quickly as possible. (Text Only Entry) (Krueger, M) |
| Filing 38 REQUEST for RULING on #28 #29 Parties' Cross-Motions For Judgment by Samuel Boykin . (Calvert, Scott) Modified on 9/29/2021 (Benson, A.). |
| Filing 37 RESPONSE by Samuel Boykin to #36 Objections. (Petti, Russell) |
| Filing 36 OBJECTIONS and REQUEST to STRIKE Request for Judicial Notice (ECF 34-1) by Defendant UNUM Life Insurance Company of America . (Chineduh, Charles) Modified on 8/18/2020 (York, M). |
| Filing 35 REPLY by UNUM Life Insurance Company of America to RESPONSE to #29 Motion for Judgment. (Chineduh, Charles) |
| Filing 34 REPLY by Samuel Boykin to RESPONSE to #28 Motion for Judgment. (Attachments: #1 Request for Judicial Notice)(Petti, Russell) |
| Filing 33 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/4/2020: On the Court's own motion, the parties' Cross-Motions for Judgment (ECF Nos. #28 and #29 ) are hereby SUBMITTED without oral argument. Accordingly, the hearing date of 8/17/2020 is VACATED. If the Court determines that oral argument is necessary, it will be scheduled at a later date. The parties may still file their reply briefs by 8/10/2020. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 32 OPPOSITION by UNUM Life Insurance Company of America to #28 Motion for Judgment. (Chineduh, Charles) |
| Filing 31 OPPOSITION by Samuel Boykin to #29 Motion for Judgment. (Petti, Russell) |
| Filing 30 DESIGNATION of COUNSEL by UNUM Life Insurance Company of America. Attorney Blohm, Nicole Y. added, Anna Maria Martin terminated. (Blohm, Nicole) Modified on 8/4/2020 (Zignago, K.). |
| Filing 29 MOTION for JUDGMENT by UNUM Life Insurance Company of America. Motion Hearing set for 8/17/2020 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Chineduh, Charles) Modified on 7/14/2020 (Krueger, M). |
| Filing 28 OPENING TRIAL MEMORANDUM/MOTION for JUDGMENT by Samuel Boykin. Motion Hearing set for 8/17/2020 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley (Petti, Russell) Modified on 7/14/2020 (Krueger, M). |
| Filing 27 NOTICE of APPEARANCE by Russell G. Petti on behalf of Samuel Boykin. Attorney Petti, Russell G. added. (Petti, Russell) |
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Filing 26
ORDER signed by District Judge Troy L. Nunley on 6/11/2020 ORDERING Cross-Motions filed by 7/13/2020. Opposition to Motion due by 8/3/2020, Replies, if any, by 8/10/2020, and Bench Trial Reset for 8/17/2020 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.(Reader, L)
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| Filing 25 STIPULATION and PROPOSED ORDER to continue briefing dates. re #23 Order by UNUM Life Insurance Company of America. (Attachments: #1 Proposed Order)(Chineduh, Charles) Modified on 6/12/2020 (Reader, L). |
| ACKNOWLEDGEMENT OF RECEIPT of #24 disc of admin record from Charles Chineduh. Routed to chambers. (Text only entry) (Benson, A.) |
| Filing 24 NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by UNUM Life Insurance Company of America: Administrative Record. (Attachments: #1 Part 1 of Administrative Record, #2 Part 2 of Administrative Record, #3 Part 3 of Administrative Record, #4 Part 4 of Administrative Record, #5 Part 5 of Administrative Record, #6 Part 6 of Administrative Record, #7 Part 7 of Administrative Record, #8 Part 8 of Administrative Record, #9 Part 9 of Administrative Record, #10 Part 10 of Administrative Record, #11 Part 11 of Administrative Record, #12 Part 12 of Administrative Record, #13 LTD Policy)(Chineduh, Charles) |
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Filing 23
ORDER signed by District Judge Troy L. Nunley on 1/22/2020 GRANTING #22 Stipulation and ORDERING the briefing schedule as follows: Cross-Motions for Judgment due 6/22/2020, Oppositions due 7/13/2020, and Replies due 7/20/2020. All other dates and deadlines in this matter shall remain the same. (Huang, H)
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| Filing 22 STIPULATION and PROPOSED ORDER for Setting a Trial Briefing Schedule by UNUM Life Insurance Company of America. (Attachments: #1 Proposed Order)(Chineduh, Charles) |
| Filing 21 NOTICE of APPEARANCE by Charles Kelechi Chineduh on behalf of UNUM Life Insurance Company of America. Attorney Chineduh, Charles Kelechi added. (Chineduh, Charles) |
| Filing 20 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 11/22/2019: The Court has reviewed the parties' Stipulation to Advance the Bench Trial date to June 2020 (ECF No. #19 ). Due to the Court's trial calendar, the Bench Trial is hereby RESET for 7/27/2020 at 9:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. All other dates in the Amended Pretrial Scheduling Order (ECF No. #15 ) shall remain the same. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 19 STIPULATION and PROPOSED ORDER Advancing Case Deadlines by UNUM Life Insurance Company of America. (Attachments: #1 Proposed Order)(Martin, Anna) Modified on 11/21/2019 (Huang, H). |
| Filing 18 NOTICE of APPEARANCE by Anna M. Martin on behalf of UNUM Life Insurance Company of America. Attorney Martin, Anna M. added. (Martin, Anna) |
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Filing 17
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/28/2019. Pursuant to the parties' Joint Stipulation Re Standard of Review and applicable law, the Court hereby orders that the de novo standard of review shall be applied in this matter.(Becknal, R)
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| Filing 16 STIPULATION and PROPOSED ORDER for Standard of Review by Samuel Boykin. (Attachments: #1 Proposed Order)(Horrow, Michael) |
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Filing 15
AMENDED PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 3/26/2019: Discovery due by 11/25/2019. Defendants shall provide Plaintiff a copy of the entire administrative record 60 days of the date of this Pretrial Scheduling Order. The filing of the written administrative record shall be filed not later than 1/27/2020. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 5/28/2020. The Court GRANTS the parties request to waive the Pretrial Conference. Bench Trial for consideration of the parties cross-motions for judgment under Federal Rule of Civil Procedure 52 SET for 9/28/2020, at 09:00 AM, in Courtroom 2 (TLN), before District Judge Troy L. Nunley. The parties estimate a court trial length of approximately 2 hours. objections due within 14 calendar days of service of this Order. (York, M)
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| Filing 14 ANSWER by UNUM Life Insurance Company of America. Attorney Lawson, Linda M. added.(Lawson, Linda) |
| Filing 13 JOINT STATEMENT re Case Subject to ERISA by Defendant UNUM Life Insurance Company of America re #5 Civil New Case Documents for TLN. (Babooian, Sevana) |
| Filing 12 STIPULATION to Extend Time to Respond to #1 Complaint by UNUM Life Insurance Company of America. (Babooian, Sevana) Modified on 2/14/2019 (Coll, A). |
| Filing 11 NOTICE OF INTERESTED PARTIES by UNUM Life Insurance Company of America. (Babooian, Sevana) |
| Filing 10 SUMMONS RETURNED EXECUTED: Valero Services, Inc. Plan served on 2/4/2019, answer due 2/25/2019. (Horrow, Michael) |
| Filing 9 SUMMONS RETURNED EXECUTED: UNUM Life Insurance Company of America served on 2/4/2019, answer due 2/25/2019. (Horrow, Michael) |
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Filing 8
ORDER signed by District Judge Troy L. Nunley on 2/7/2019 DISMISSING Valero Services, Inc. Plan from this action without prejudice. Unum Life shall remain the only named defendant in this case. (Huang, H)
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| Filing 7 STIPULATION and PROPOSED ORDER for Dismissal of Valero Services, Inc. Plan by UNUM Life Insurance Company of America. Attorney Babooian, Sevana added. (Attachments: #1 Proposed Order)(Babooian, Sevana) |
| Filing 6 NOTICE of APPEARANCE by Scott E Calvert on behalf of Samuel Boykin. Attorney Calvert, Scott E added. (Calvert, Scott) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Coll, A) |
| Filing 4 SUMMONS ISSUED as to *UNUM Life Insurance Company of America, Valero Services, Inc. Plan* with answer to complaint due within *21* days. Attorney *Michael Brian Horrow* *Donahue & Horrow LLP* *1960 E. Grand Avenue Suite 1215* *El Segundo, CA 90245*. (Coll, A) |
| Filing 3 NOTICE OF INTERESTED PARTIES by Samuel Boykin. (Horrow, Michael) |
| Filing 2 CIVIL COVER SHEET by Samuel Boykin (Horrow, Michael) |
| Filing 1 COMPLAINT against All Defendants by Samuel Boykin. Attorney Horrow, Michael Brian added. (Filing fee $ 400, receipt number 0972-8072334) (Horrow, Michael) |
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