Elaine Lewis v. Hartford Life & Accident Insurance Co
| MICHAEL M. BAYLSON |
| ELAINE LEWIS |
| HARTFORD LIFE & ACCIDENT INSURANCE CO |
| 23-2431 |
| August 10, 2023 |
| U.S. Court of Appeals, Third Circuit |
| ERISA Employ Retire Income Sec Act |
Docket Report
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| Filing 19 ECF FILER: Response filed by Appellee Elaine Lewis to court order. Certificate of Service dated 09/27/2023. [23-2431] (ZL) [Entered: 09/27/2023 09:53 AM] |
| Filing 18 RESPONSE Memorandum regarding Defedant Appellant's Brief in Support of Appellate's Jurisdiction or in the alternative, Petition for Writ of Mandamus by District Court Judge Michael M. Baylson to court order. Certificate of Service dated 09/22/2023. Service made by Email. (SB) [Entered: 09/22/2023 02:42 PM] |
Filing 17
ORDER (KRAUSE, PORTER and CHUNG, Circuit Judges) Hartford Life & Accident Insurance Co. has filed an appeal that it requests be construed, in the alternative, as a petition for mandamus challenging certain rulings of the District Court. Among other things, it takes issue with the District Courts appointment of an Independent Medical Expert (IME) to examine the Appellee-Plaintiff and to provide a report and recommendations to the Court outside the administrative record; the Courts redesignation of that IME as a Special Master after Hartford pointed out that the Court was required to limit itself to the administrative record; the Courts appointment of that Special Master without explaining what exceptional condition here warrants such appointment under Fed. R. Civ. P. 53(a) and without complying with the procedural requirements of Fed. R. Civ. P. 53(b); the Courts order that Hartford pay the Special Masters $3,000 retainer; and, most recently, the Courts order that the Special Master be provided with Plaintiffs medical records including but not limited to all medical records contained in the Administrative Record. Scheduling Order at 1, Lewis v. Hartford Life & Accident Ins. Co., No. 21-cv-01438 (E.D. Pa. Aug. 31, 2023), ECF No. 57 (emphasis added). The thrust of Hartfords argument is that the District Court is impermissibly compel[ling] [the plan] to participate in supplementing the record in favor of Plaintiff, constitut[ing] an extraordinary usurpation of power. Br. in Support of Appellate Jurisdiction or, in the Alternative, Petition for Writ of Mandamus 17, ECF No. 13. This Court may construe an appeal as a request for a writ of mandamus, see Nascone v. Spudnuts, Inc., 735 F.2d 763, 773 (3d Cir. 1984), and we will do so here. Although mandamus is an extraordinary remedy and we are chary in exercising that power, we have discretion to issue a writ where a petitioner has a clear and indisputable right to relief and no other adequate means to obtain [that] relief. In re Kensington Intl Ltd., 353 F.3d 211, 219 (3d Cir. 2003) (citations omitted). To assist us in determining whether to exercise that discretion in this case, the plaintiff is hereby ORDERED to answer this request for a writ of mandamus within fourteen days of this order. See Fed. R. App. P. 21(b)(1). The District Judge is INVITED to address the mandamus request by the same deadline. See Fed. R. App. P. 21(b)(4). Hartfords motion to stay the District Courts orders is GRANTED pending further ruling of this Court.Panel No. BCO-113-E. Krause, Authoring Judge. --[Edited 09/13/2023 by AWI] (SB) [Entered: 09/13/2023 10:11 AM]
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| Filing 16 ECF FILER: Concise Summary of the Case filed by Appellant Hartford Life & Accident Insurance Co. [23-2431] (ARM) [Entered: 08/31/2023 04:33 PM] |
| Filing 15 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Hartford Life & Accident Insurance Co advising this court that transcripts are already on file in the District Court. Requested date(s) are: Oral Argument dated 4/27/23, to be filed by [23-2431] (ARM) [Entered: 08/31/2023 04:30 PM] |
| Filing 14 ECF FILER: LETTER from Attorney Adam R. Martin, Esq. for Appellant Hartford Life & Accident Insurance Co to update the Court on an Order, issued by the District Court earlier today, that is relevant to Hartford's Motion for a Stay Pending Appeal. Certificate of Service dated 08/31/2023. Service made by ECF. [23-2431] (ARM) [Entered: 08/31/2023 04:26 PM] |
| Filing 13 ECF FILER: Response on behalf of Appellant Hartford Life & Accident Insurance Co. in support of appellate jurisdiction or in the alternative, petition for writ of mandamus. Certificate of Service dated 08/18/2023 by ECF. [23-2431]--[Edited 08/18/2023 by KR] (BPD) [Entered: 08/18/2023 09:39 AM] |
| Filing 12 ECF FILER: Response filed by Appellee Elaine Lewis to clerk order dated 08/10/23. Certificate of Service dated 08/17/2023. [23-2431] (ZL) [Entered: 08/17/2023 05:10 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Zachary Lipschutz on behalf of Appellee(s) Elaine Lewis. [23-2431] (ZL) [Entered: 08/17/2023 03:16 PM] |
| Filing 10 TEXT ONLY ORDER (Clerk): All responses to the Clerk's 8/10/23 order regarding appellate jurisdiction and to the appellant's stay motion must be filed by 10:00 a.m. on Friday, August 18, 2023. (RFH) [Entered: 08/11/2023 05:43 PM] |
| Filing 9 ECF FILER: Exhibits to Hartford's Motion to Stay (District Court Orders, ECF Nos. 50 and 57) filed by Appellant Hartford Life & Accident Insurance Co. Certificate of Service dated 08/11/2023. Service made by ECF. [23-2431] (BPD) [Entered: 08/11/2023 04:53 PM] |
| Filing 8 ECF FILER: Motion filed by Appellant Hartford Life & Accident Insurance Co to stay Enforcement of the District Court's Orders pending resolution of Hartford's appeal. Certificate of Service dated 08/11/2023. Service made by ECF. [23-2431] (BPD) [Entered: 08/11/2023 04:51 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Adam R. Martin on behalf of Appellant(s) Hartford Life and Accident Insurance Company. [23-2431] (ARM) [Entered: 08/11/2023 02:58 PM] |
| Filing 6 ECF FILER: DISCLOSURE STATEMENT on behalf of Hartford Life and Accident Insurance Company. on behalf of Appellant Hartford Life & Accident Insurance Co. [23-2431] (BPD) [Entered: 08/11/2023 02:56 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Brian P. Downey on behalf of Appellant(s) Hartford Life and Accident Insurance Company. [23-2431] (BPD) [Entered: 08/11/2023 02:54 PM] |
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Filing 4
ORDER (Clerk)Appellant seeks review of the District Courts orders entered July 6, 2023 and August 7, 2023. The orders appealed are not final within the meaning of 28 U.S.C. 1291 and are not otherwise appealable at this time. All parties must file written responses addressing this issue, with a certificate of service attached, within fourteen (14) days from the date of this order. (SB) [Entered: 08/10/2023 03:43 PM]
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| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 08/10/2023 03:38 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 08/10/2023 03:37 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Hartford Life & Accident Insurance Co in District Court No. 2-21-cv-01438. (SB) [Entered: 08/10/2023 03:33 PM] |
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