Celedonia Yue v. Conseco Life Insurance Company Featured Case

Plaintiff - Appellant,: CELEDONIA X. YUE, M.D., on behalf of the class of others similarly situated and on behalf of the General Public
Defendant - Appellee,: CONSECO LIFE INSURANCE COMPANY, Successor: Philadelphia Life Insurance Company, FKA Massachusetts General Life Insurance Company
Case Number: 11-55359
Filed: March 4, 2011
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Insurance

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
January 26, 2012 33 Filed (ECF) Appellee Celedonia X. Yue in 11-55275, Appellant Celedonia X. Yue in 11-55359 citation of supplemental authorities. Date of service: 01/26/2012. [8047032] [11-55275, 11-55359] (TPD)
January 20, 2012 32 Received 7 paper copies of Cross-Appeal Reply Brief brief [29] filed by Celedonia X. Yue. [8039606] [11-55275, 11-55359] (SD)
January 19, 2012 31 Filed (ECF) Appellant Conseco Life Insurance Company in 11-55275, Appellee Conseco Life Insurance Company in 11-55359 citation of supplemental authorities. Date of service: 01/19/2012. [8037425] [11-55275, 11-55359] (MMW)
January 18, 2012 30 Filed clerk order: The cross-appeal reply brief [29] submitted by Celedonia X. Yue is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. [8034932] [11-55275, 11-55359] (RH)
January 17, 2012 29 Submitted (ECF) Cross-Appeal Reply Brief brief for review. Submitted by Appellee Celedonia X. Yue in 11-55275, Appellant Celedonia X. Yue in 11-55359. Date of service: 01/17/2012. [8034387] [11-55275, 11-55359] (TPD)
January 10, 2012 28 Filed clerk order (Deputy Clerk: AMT): Plaintiff’s motion to seal plaintiff’s response to defendant’s motion for judicial notice and the related declaration of Timothy P. Dillon is granted. The response to defendant’s motion for judicial notice and the related declaration of Timothy P. Dillon shall be maintained under seal. See 9th Cir. R. 27-13. [8026247] [11-55275, 11-55359] (SM)
January 3, 2012 27 Filed UNDER SEAL Appellee Celedonia X. Yue response to request for judicial notice declaration of Timothy P. Dillon. Served on 12/30/2011. [8018799] [11-55275, 11-55359] (RL)
January 3, 2012 26 Filed Appellee Celedonia X. Yue in 11-55275 notification of filing under seal and motion to file under seal. Served on 12/30/2011. [8018791] [11-55275, 11-55359] (RL)
December 28, 2011 25 Filed (ECF) Appellee Celedonia X. Yue in 11-55275, Appellant Celedonia X. Yue in 11-55359 Correspondence: Extension of time to file its Fourth Brief on Cross-Appeal (Reply on Cross-Appeal). Date of service: 12/28/2011 [8013758] [11-55275, 11-55359] (ASF)
December 27, 2011 24 14 day oral extenstion by phone to file cross-appeal brief. Optional cross appeal reply brief due 01/17/2012 for Celedonia X. Yue. The optional reply cross-appeal brief is due 14 days after service of the third cross-appeal brief [8012830] [11-55275, 11-55359] (LN)
December 19, 2011 23 Filed UNDER SEAL original and 7 copies of Conseco Life Insurance Company third brief on cross-appeal. (Informal: No). 50 pages. Served on: 12/16/2011. [8010666] [11-55275, 11-55359] (RH)
December 19, 2011 22 Received Appellant Conseco Life Insurance Company notification of filing third brief on cross-appeal, motion to take judicial notice, and Aerni declaration in support of motion Under Seal, with DC protective order attached. [8010635] [11-55275, 11-55359] (RH)
December 19, 2011 21 Filed UNDER SEAL Appellant Conseco Life Insurance Company motion to take judicial notice; declaration of John M. Aerni in support. Served on 12/16/2011. [8009097] [11-55275, 11-55359] (RL)
October 26, 2011 19 Filed clerk order (Deputy Clerk: AMT): Defendant Conseco Life Insurance Company’s motion for a 30-day extension of time is granted. The third brief on cross-appeal is due December 16, 2011. The optional reply brief is due within 14 days after service of the third brief on cross-appeal. [7942621] [11-55275, 11-55359] (SM)
October 25, 2011 18 Filed (ECF) Appellant Conseco Life Insurance Company in 11-55275, Appellee Conseco Life Insurance Company in 11-55359 Unopposed Motion to extend time to file Third Brief on Cross-Appeal brief until 12/16/2011 at 05:00 pm. Date of service: 10/25/2011. [7941207] [11-55275, 11-55359] (MMW)
October 21, 2011 20 Filed UNDER SEAL original and 7 copies Celedonia X. Yue second brief on cross-appeal (Informal: No) of 66 pages. Four copies of excerpts of record in 2 volumes (Vol. 2 UNDER SEAL). Served on 10/17/2011. [7942717] [11-55275, 11-55359]--[Edited: Sealed entry. NDA sent. 10/26/2011 by RY] (LA)
October 21, 2011 17 Filed clerk order (Deputy Clerk: AMT): Plaintiff Celedonia X. Yue, M.D.’s motion to seal is granted. The second brief on cross-appeal and Volume II of the Supplemental Excerpts of Record shall be maintained under seal. The third brief on cross-appeal remains due November 16, 2011. [7937754] [11-55275, 11-55359] (SM)
October 19, 2011 16 Received UNDER SEAL amended proof of service to second brief on cross-appeal from Appellee/Cross-Appellant Celedonia X. Yue served on 10/17/2011. [7937367] [11-55275, 11-55359] --[Edited 10/21/2011 by DB: Sealed filing and sent NDA.] (LA)
October 18, 2011 15 Received UNDER SEAL original and 7 copies of Celedonia X. Yue second brief on cross-appeal (Informal: No) of 66 pages. Four copies of excerpts of record in 2 volumes (Vol. 2 UNDER SEAL). Served on 10/17/2011. Major deficiencies: motion to seal pending. [7935929] [11-55275, 11-55359] --[Edited 10/20/2011 by DB: Sealed filing and sent NDA.] (LA)
October 18, 2011 14 Filed Appellee Celedonia X. Yue/Cross-Appellant Celedonia X. Yue notification of filing Vol. 2 of SER under seal and motion to file 2nd brief on cross-appeal UNDER SEAL. Served on 10/17/2011. [7935908] [11-55275, 11-55359] (LA)
August 15, 2011 13 Filed clerk order (Deputy Clerk: AMT): Plaintiff’s unopposed motion for a 45-day extension of time to file the brief is granted. The second brief on cross-appeal is due October 17, 2011. The third brief on cross-appeal is due November 16, 2011. The optional reply brief is due within 14 days after service of the third brief on cross-appeal. [7858190] [11-55275, 11-55359] (SM)
August 15, 2011 12 Filed (ECF) Appellee Celedonia X. Yue in 11-55275, Appellant Celedonia X. Yue in 11-55359 Unopposed Motion to extend time to file Second Brief on Cross-Appeal brief until 10/17/2011. Date of service: 08/15/2011. [7857504] [11-55275, 11-55359] (TPD)
August 3, 2011 11 Filed UNDER SEAL original and 7 copies of Conseco Life Insurance Company first brief on cross-appeal. (Informal: No). 50 pages. Four copies Excerpts of record in 4 volumes (Vols. 3 and 4 UNDER SEAL). Served on: 08/01/2011. [7843963] [11-55275, 11-55359]--[Edited: Sealed document. Sent NDA. 08/04/2011 by RY] (SLH)
August 3, 2011 9 Filed clerk order (Deputy Clerk: GSS): Appellant Conseco Life Insurance Company’s motion to file the opening brief and the opening brief’s excerpts of record under seal is granted. The opening brief and the opening brief’s excerpts of record shall be maintained under seal. See 9th Cir. R. 27-13(a). The parties are reminded that sealed documents are to be clearly identified as being submitted under seal. 9th Cir. R. 27-13(a). [7842648] [11-55275, 11-55359] (SM)
August 2, 2011 10 Received UNDER SEAL original and 7 copies of Conseco Life Insurance Company first brief on on cross-appeal of 50 pages. Four copies Excerpts of record in 4 volumes (Vols. 3 and 4 UNDER SEAL). Served on 8/1/11. Major deficiencies: motion to seal pending. [7843951] [11-55275, 11-55359]--[Edited: Sealed document. Sent NDA. 08/04/2011 by RY] (SLH)
August 2, 2011 8 Filed Appellant Conseco Life Insurance Company notification of filing under seal and motion to file under seal. Served on 08/01/2011. [7841554] [11-55275, 11-55359] (RL)
July 25, 2011 7 Added attorney Harvey Kurzweil for Conseco Life Insurance Company. [7831816] [11-55275, 11-55359] (RL)
July 25, 2011 6 Filed (ECF) notice of appearance of Harvey, Kurzweil for Appellant Conseco Life Insurance Company. Date of service: 07/25/2011. [7831630] --[COURT UPDATE: Filing spread to case number 11-55359. Resent NDA. 07/25/2011 by DB] (HK)
April 14, 2011 5 Filed order MEDIATION (SL): The court has determined that these appeals will not be selected for inclusion in the Mediation Program. [7717817] [11-55275, 11-55359] (SM)
March 25, 2011 4 Filed order MEDIATION (VLS): These cases are under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Stephen Liacouras, Circuit Mediator, in writing, by email at stephen_liacouars@ca9.uscourts.gov or fax at (415) 355- 8566, of their clients’ views on whether: the case is appropriate for settlement discussions or mediation; the court can accommodate ongoing settlement discussions or otherwise facilitate settlement of the dispute; and/or the court should schedule a telephonic conference to discuss settlement. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be served on the opposing party and shall not be filed with the court. For more detailed information about the Mediation Program and its procedures generally, please see Mediation Program web site: www.ca9.uscourts.gov/mediation. The existing briefing schedule remains in effect pending the determination whether the case will be selected for inclusion in the Mediation Program. [7695455] [11-55275, 11-55359] (SM)
March 11, 2011 3 Filed (ECF) Appellant Celedonia X. Yue Mediation Questionnaire. Date of service: 03/11/2011. [7677123]--[COURT UPDATE: Filing spread to case number: 10-55275. Resent NDA. 03/11/2011 by TT] (TPD)
March 4, 2011 2 Filed representation notice Timothy P. Dillon for Appellant. of Served on 03/03/2011. [7668801] (BG)
March 4, 2011 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL ON CROSS APPEAL.. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Mediation Questionnaire due on 03/11/2011. First cross appeal brief due 08/01/2011 for Conseco Life Insurance Company. Second brief on cross appeal due 08/31/2011 for Celedonia X. Yue. Third brief on cross appeal due 09/30/2011 for Conseco Life Insurance Company . Optional reply brief due 14 days from service of third brief on cross appeal. [7668792] [11-55359, 11-55275] (BG)

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Plaintiff - appellant,: CELEDONIA X. YUE, M.D., on behalf of the class of others similarly situated and on behalf of the General Public
Represented By: Francis Joseph Balint
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Defendant - appellee,: CONSECO LIFE INSURANCE COMPANY, Successor: Philadelphia Life Insurance Company, FKA Massachusetts General Life Insurance Company
Represented By: John M. Aerni
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