Vaccaro v. Liberty Life Assurance Company of Boston
Plaintiff: Vaccaro and Melissa Vaccaro
Defendant: Liberty Life Assurance Company of Boston
Case Number: 5:2016cv03220
Filed: June 10, 2016
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Santa Clara
Presiding Judge: Beth Labson Freeman
Referring Judge: Howard R Lloyd
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 28, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2017 Filing 40 JUDGMENT IN A CIVIL CASE. Signed by Judge Beth Labson Freeman on 12/28/2017. (blflc1S, COURT STAFF) (Filed on 12/28/2017)
December 27, 2017 Filing 39 [PROPOSED] JUDGMENT IN A CIVIL CASE re #38 by Melissa Vaccaro. (Keenley, James) (Filed on 12/27/2017) Modified on 12/28/2017 (bwS, COURT STAFF).
November 20, 2017 Opinion or Order Filing 38 ORDER GRANTING #32 PLAINTIFF'S MOTION FOR JUDGMENT UNDER RULE 52 AND DENYING #31 DEFENDANT'S MOTION FOR JUDGMENT UNDER RULE 52; FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Beth Labson Freeman on 11/20/2017. (blflc1S, COURT STAFF) (Filed on 11/20/2017)
July 27, 2017 Filing 37 Minute Entry for proceedings held before Hon. Beth Labson Freeman: Motion Hearing held on 7/27/2017 re #32 MOTION for Summary Judgment under Rule 52 filed by Melissa Vaccaro, #31 MOTION for Summary Judgment Under F.R.C.P. 52 filed by Liberty Life Assurance Company of Boston. The Court takes the matters under submission. Written order to be issued. Total Time in Court: 57 Minutes. Court Reporter Name: Gina Collen. Plaintiff Attorney: James Keenley. Defendant Attorney: Stacy Tucker. This is a text-only Minute Entry (tshS, COURT STAFF)(Date Filed: 7/27/2017)
July 17, 2017 Filing 36 REPLY (re #32 MOTION for Summary Judgment under Rule 52 ) filed byMelissa Vaccaro. (Keenley, James) (Filed on 7/17/2017)
July 17, 2017 Filing 35 REPLY (re #31 MOTION for Summary Judgment Under F.R.C.P. 52 ) filed byLiberty Life Assurance Company of Boston. (Tucker, Stacy) (Filed on 7/17/2017)
July 7, 2017 Filing 34 OPPOSITION/RESPONSE (re #31 MOTION for Summary Judgment Under F.R.C.P. 52 ) filed byMelissa Vaccaro. (Attachments: #1 Declaration of James P Keenley in Opposition to Defendant's Motion)(Keenley, James) (Filed on 7/7/2017)
July 7, 2017 Filing 33 OPPOSITION/RESPONSE (re #32 MOTION for Summary Judgment under Rule 52 ) filed byLiberty Life Assurance Company of Boston. (Attachments: #1 Declaration of Stacy Tucker in Support of Opposition to Motion, #2 Declaration of Paula McGee in Support of Opposition to Motion, #3 Exhibit 1 to Dec of Paula McGee, #4 Exhibit 2 to Dec of Paula McGee, #5 Exhibit 3 to Dec of Paula McGee, #6 Exhibit 4 to Dec of Paula McGee, #7 Exhibit 5 to Dec of Paula McGee, #8 Exhibit 6 to Dec of Paula McGee, #9 Exhibit 7 to Dec of Paula McGee, #10 Exhibit 8 to Dec of Paula McGee, #11 Exhibit 9 to Dec of Paula McGee, #12 Declaration of Cynthia Madrigal in Support of Opposition to Motion, #13 Exhibit 1 to Dec of Cynthia Madrigal, #14 Exhibit 2 to Dec of Cynthia Madrigal, #15 Exhibit 3 to Dec of Cynthia Madrigal, #16 Exhibit 4 to Dec of Cynthia Madrigal, #17 Exhibit 5 to Dec of Cynthia Madrigal, #18 Exhibit 6 to Dec of Cynthia Madrigal, #19 Exhibit 7 to Dec of Cynthia Madrigal, #20 Exhibit 8 to Dec of Cynthia Madrigal)(Cogan, Pamela) (Filed on 7/7/2017)
June 9, 2017 Filing 32 MOTION for Summary Judgment under Rule 52 filed by Melissa Vaccaro. Motion Hearing set for 7/27/2017 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 6/30/2017. Replies due by 7/7/2017. (Attachments: #1 Declaration of James P. Keenley in Support of Plaintiff's Motion for Judgment)(Keenley, James) (Filed on 6/9/2017)
June 9, 2017 Filing 31 MOTION for Summary Judgment Under F.R.C.P. 52 filed by Liberty Life Assurance Company of Boston. Motion Hearing set for 7/27/2017 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 6/23/2017. Replies due by 6/30/2017. (Attachments: #1 Declaration Paula McGee, #2 Exhibit 1 to Decl. of Paula McGee, #3 Exhibit 2 to Decl. of Paula McGee, #4 Exhibit 3 to Decl. of Paula McGee, #5 Declaration Cynthia Madrigal, #6 Exhibit 1 to Decl. of Madrigal, #7 Exhibit 2 to Decl. of Madrigal, #8 Exhibit 3 to Decl. of Madrigal, #9 Exhibit 4 to Decl. of Madrigal, #10 Exhibit 5 to Decl. of Madrigal, #11 Exhibit 6 to Decl. of Madrigal, #12 Exhibit 7 to Decl. of Madrigal, #13 Exhibit 8 to Decl. of Madrigal, #14 Proposed Order)(Tucker, Stacy) (Filed on 6/9/2017)
June 7, 2017 Opinion or Order Filing 30 ORDER APPROVING #29 STIPULATION TO EXTEND BRIEFING DEADLINES FOR MOTION FOR JUDGMENT. Signed by Judge Beth Labson Freeman on 6/7/2017.(blflc1S, COURT STAFF) (Filed on 6/7/2017)
June 6, 2017 Filing 29 STIPULATION WITH PROPOSED ORDER To Extend Brief Deadlines For Motion For Judgment filed by Liberty Life Assurance Company of Boston and Melissa Vaccaro. (Tucker, Stacy) (Filed on 6/6/2017) Modified on 6/8/2017 (sfbS, COURT STAFF).
June 5, 2017 Opinion or Order Filing 28 ORDER DENYING #24 DEFENDANT'S MOTION TO QUASH SUBPOENA DIRECTED AT NETAPP INC. AND VACATING HEARING DATE. Signed by Judge Beth Labson Freeman on 6/5/2017. (blflc1S, COURT STAFF) (Filed on 6/5/2017)
April 19, 2017 Filing 27 L.R. 6.3 JOINT MOTION TO SHORTEN TIME TO HEAR DEFENDANT'S MOTION TO QUASH SUBPOENA DIRECTED AT NETAPP INC. filed by Liberty Life Assurance Company of Boston. (Attachments: #1 Declaration Stacy M. Tucker, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 (Proposed) Order)(Tucker, Stacy) (Filed on 4/19/2017) Modified on 4/20/2017 (bwS, COURT STAFF).
April 12, 2017 Filing 26 REPLY IN SUPPORT OF ITS MOTION TO QUASH SUBPOENA DIRECTED AT NETAPP INC. (re #24 filed by Liberty Life Assurance Company of Boston. (Tucker, Stacy) (Filed on 4/12/2017) Text modified on 4/12/2017 conforming to posted document caption (bwS, COURT STAFF).
April 5, 2017 Filing 25 PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION AND MOTION TO QUASH SUBPOENA DIRECTED AT NETAPP INC. (re #24 MOTION to Quash filed by Melissa Vaccaro. (Keenley, James) (Filed on 4/5/2017) Modified on 4/6/2017 (bwS, COURT STAFF).
March 22, 2017 Filing 24 MOTION to Quash filed by Liberty Life Assurance Company of Boston. Motion Hearing set for 9/28/2017 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Beth Labson Freeman. Responses due by 4/5/2017. Replies due by 4/12/2017. (Attachments: #1 Declaration Cynthia Madrigal, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Declaration Stacy M. Tucker, #11 Exhibit 1, #12 Exhibit 2, #13 Proposed Order)(Tucker, Stacy) (Filed on 3/22/2017)
December 15, 2016 Opinion or Order Filing 23 CASE MANAGEMENT ORDER re 22 Case Management Conference - Initial, Motion Hearing set for 7/27/2017 09:00 AM before Hon. Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 12/15/2016. (tshS, COURT STAFF) (Filed on 12/15/2016)
December 15, 2016 Filing 22 Minute Entry for proceedings held before Hon. Beth Labson Freeman: Initial Case Management Conference held on 12/15/2016.FTR Time: 11:02 - 11:08. Plaintiff Attorney: Jim Keenley. Defendant Attorney: Stacy Tucker. This is a text only Minute Entry (tshS, COURT STAFF)(Date Filed: 12/15/2016)
December 9, 2016 Opinion or Order Filing 21 ORDER GRANTING #19 DEFENDANT'S REQUEST TO APPEAR BY TELEPHONE AT CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 12/9/2016.(blflc1S, COURT STAFF) (Filed on 12/9/2016)
December 8, 2016 Filing 20 REPORT of Rule 26(f) Planning Meeting . (Tucker, Stacy) (Filed on 12/8/2016)
December 8, 2016 Filing 19 MOTION to Appear by Telephone at Case Management Conference filed by Liberty Life Assurance Company of Boston. (Tucker, Stacy) (Filed on 12/8/2016)
December 5, 2016 Opinion or Order Filing 18 STIPULATION AND ORDER SELECTING ADR PROCESS (granting #16 ). Signed by Judge Beth Labson Freeman on 12/5/2016.(blflc1S, COURT STAFF) (Filed on 12/5/2016)
December 5, 2016 Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cogan, Pamela) (Filed on 12/5/2016)
December 1, 2016 Filing 16 STIPULATION and Proposed Order selecting Private ADR by Liberty Life Assurance Company of Boston filed by Liberty Life Assurance Company of Boston. (Tucker, Stacy) (Filed on 12/1/2016)
November 29, 2016 Filing 15 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 11/29/2016)
August 19, 2016 Filing 14 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 12/08/2016. Case Management Conference set for 12/15/2016 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. All other deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/blf This is a text only docket entry, there is no document associated with this notice. (tshS, COURT STAFF) (Filed on 8/19/2016)
August 18, 2016 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. Magistrate Judge Howard R. Lloyd remains as referral Judge assigned to the case. Reassignment Order signed by Executive Committee on 8/19/2016. (bwS, COURT STAFF) (Filed on 8/18/2016)
August 18, 2016 Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmc, COURT STAFF) (Filed on 8/18/2016)
August 16, 2016 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Melissa Vaccaro.. (Keenley, James) (Filed on 8/16/2016)
August 16, 2016 Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Consent/Declination due by 8/30/2016. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (pmc, COURT STAFF) (Filed on 8/16/2016)
August 15, 2016 Filing 9 Certificate of Interested Entities by Liberty Life Assurance Company of Boston (Tucker, Stacy) (Filed on 8/15/2016)
August 15, 2016 Filing 8 ANSWER to Complaint byLiberty Life Assurance Company of Boston. (Tucker, Stacy) (Filed on 8/15/2016)
July 22, 2016 Filing 7 STIPULATION EXTENDING DEFENDANTS TIME TO RESPOND TO COMPLAINT re #1 Complaint filed by Liberty Life Assurance Company of Boston. (Tucker, Stacy) (Filed on 7/22/2016) Modified on 7/25/2016 (bwS, COURT STAFF).
July 14, 2016 Filing 6 STIPULATION re #1 Complaint filed by Liberty Life Assurance Company of Boston. (Cogan, Pamela) (Filed on 7/14/2016)
June 13, 2016 Filing 5 Summons Issued as to Liberty Life Assurance Company of Boston. (dhmS, COURT STAFF) (Filed on 6/13/2016)
June 13, 2016 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/6/2016. Case Management Conference set for 9/13/2016 01:30 PM in Courtroom 2, 5th Floor, San Jose. (dhmS, COURT STAFF) (Filed on 6/13/2016)
June 13, 2016 Filing 3 Case assigned to Magistrate Judge Howard R. Lloyd. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 6/13/2016)
June 10, 2016 Filing 2 Proposed Summons. (Keenley, James) (Filed on 6/10/2016)
June 10, 2016 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-10521633.). Filed byMelissa Vaccaro. (Attachments: #1 Civil Cover Sheet)(Keenley, James) (Filed on 6/10/2016)

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Defendant: Liberty Life Assurance Company of Boston
Represented By: Pamela E. Cogan
Represented By: Stacy Monahan Tucker
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Plaintiff: Vaccaro
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Plaintiff: Melissa Vaccaro
Represented By: James Pieper Keenley
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