Ayers v. UNUM Life Insurance Company of America
| Munsey L. Ayers, Jr. |
| UNUM Life Insurance Company of America |
| 1:2025cv02334 |
| July 29, 2025 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Charlotte N Sweeney |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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Filing 31
MINUTE ORDER re: #15 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). A one-hour Oral Argument is set for 2/18/2026 at 1:30 PM in Courtroom A 702 before Judge Charlotte N. Sweeney. By Judge Charlotte N. Sweeney on 12/31/2025. Text Only Entry (cnsja, )
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| Filing 30 MINUTE ENTRY for Motion Hearing held on 11/6/2025 before Magistrate Judge Cyrus Y. Chung. Defendants Motion to Stay Discovery and All Case Deadlines Pending Resolution of Defendants Motion to Dismiss [ECF No. 16] is GRANTED IN PART for the reasons stated on the record. FTR: C205. (spric) |
| Filing 29 REPLY to Response to #16 MOTION to Stay Discovery and All Case Deadlines Pending Resolution of Defendant's Motion to Dismiss filed by Defendant UNUM Life Insurance Company of America. (Santucci, Nicholas) |
| Filing 28 REPLY to Response to #15 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Defendant UNUM Life Insurance Company of America. (Santucci, Nicholas) |
| Filing 27 RESPONSE to #16 MOTION to Stay Discovery and All Case Deadlines Pending Resolution of Defendant's Motion to Dismiss filed by Plaintiff Munsey L. Ayers, Jr. (Irving, Gideon) |
| Filing 26 RESPONSE to #15 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Plaintiff Munsey L. Ayers, Jr. (Attachments: #1 Exhibit 1)(Irving, Gideon) |
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Filing 25
ORDER by Magistrate Judge Cyrus Y. Chung on 9/16/2025. Plaintiff's Unopposed Motion For Extension of Time to Respond to Defendant's Motion to Dismiss (DOC. #15 ) and Defendant's Motion to Stay (DOC. #16 ) [ECF No. #22 ] is GRANTED for good cause shown. It is further ORDERED that the plaintiff shall file a response on or before September 30, 2025. Text Only Entry (tlove, ) Modified on 12/11/2025 to remove linkage to ECF #15 and ECF #16 as this was linked incorrectly (dgumb, ).
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| Filing 24 MEMORANDUM regarding #22 Unopposed Motion for Extension of Time to File Response/Reply as to #16 Motion to Stay Discovery and All Case Deadlines Pending Resolution of Defendant's Motion to Dismiss, #15 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Motion #22 is referred to Magistrate Judge Cyrus Y. Chung, by Judge Charlotte N. Sweeney on 9/16/2025. Text Only Entry (cnsja, ) |
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Filing 23
MINUTE ORDER: Upon review of the filings in this case, the parties are ordered to review this Court's Uniform Civil Practice Standards. Specifically, CNS Civ. Practice Standard 10.1(a) which can be found #here. The parties' future filings shall be made in Arial 12-point font. The Court may summarily strike future filings that do not comply. By Judge Charlotte N. Sweeney on 9/16/2025. Text Only Entry (cnsja, )
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Stay Discovery and All Case Deadlines Pending Resolution of Defendant's Motion to Dismiss, #15 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Plaintiff Munsey L. Ayers, Jr. (Irving, Gideon) |
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Filing 21
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here. Defendant's Motion to Stay Discovery and All Case Deadlines Pending Resolution of Defendant's Motion to Dismiss (ECF No. #16 ) is referred to Magistrate Judge Cyrus Y. Chung By Judge Charlotte N. Sweeney on 9/15/2025. Text Only Entry (cnsja, )
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| Filing 20 CASE REASSIGNED. Pursuant to #19 Consent to Jurisdiction of Magistrate Judge. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Cyrus Y. Chung. All parties do not consent. All future pleadings should be designated as 25-cv-2334-CNS. (Text Only Entry) (tlove, ) |
| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Defendant UNUM Life Insurance Company of America All parties do not consent.. (Santucci, Nicholas) |
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Filing 18
MINUTE ORDER by Magistrate Judge Cyrus Y. Chung on 09/12/2025. This matter is before the Court on email correspondence from counsel for the parties. It is here by ORDERED that the Scheduling Conference set for 10/29/2025 at 10:00 AM is reset to 12/2/25 at 10:00 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. The Proposed Scheduling Order is due 11/18/2025. Text Only Entry (spric)
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Filing 17
MINUTE ORDER by Magistrate Judge Cyrus Y. Chung on 09/04/2025. A Motion Hearing is set for 11/6/2025 at 10:00 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung re: #16 . Text Only Entry (spric)
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| Filing 16 MOTION to Stay Discovery and All Case Deadlines Pending Resolution of Defendant's Motion to Dismiss by Defendant UNUM Life Insurance Company of America. (Hobbs, Emily) Modified on 9/16/2025 to add a gavel (tlove, ). |
| Filing 15 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Defendant UNUM Life Insurance Company of America. (Attachments: #1 Exhibit A - LTD Policy, #2 Exhibit B - Declaration of Stephanie Dover, #3 Exhibit C - Group Insurance Application, #4 Exhibit D - Excerpt of Claim Decision Letter, #5 Exhibit E - Excerpt of Appeal Decision Letter)(Hobbs, Emily) |
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Filing 14
MINUTE ORDER by Magistrate Judge Cyrus Y. Chung on 08/19/2025. This matter is before the Court on email correspondence from counsel for the parties. It is here by ORDERED that the Scheduling Conference set for 10/1/2025 at 11:15 AM is reset to 10/29/25 at 10:00 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. The Proposed Scheduling Order is due 10/15/2025. Text Only Entry (spric)
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| Filing 13 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant UNUM Life Insurance Company of America. UNUM Life Insurance Company of America answer due 8/26/2025. (Santucci, Nicholas) |
| Filing 12 STATEMENT Disclosure by Plaintiff Munsey L. Ayers, Jr. (Irving, Gideon) |
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Filing 11
MINUTE ORDER, by Magistrate Judge Cyrus Y. Chung on 7/30/2025. The Parties shall complete and file the Magistrate Judge Consent Form, ECF No. 8, on or before September 17, 2025. The Fed. R. Civ. P. 16(b) Scheduling Conference will be held before this Court on October 1, 2025 at 11:15 a.m. in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. The Parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than seven days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at #[email protected] (angar, )
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| Filing 10 NOTICE of Entry of Appearance for Gideon S. Irving by Gideon S. Irving on behalf of Munsey L. Ayers, JrAttorney Gideon S. Irving added to party Munsey L. Ayers, Jr(pty:pla) (Irving, Gideon) |
| Filing 9 NOTICE of Entry of Appearance for Bradley A. Levin by Bradley Aaron Levin on behalf of Munsey L. Ayers, JrAttorney Bradley Aaron Levin added to party Munsey L. Ayers, Jr(pty:pla) (Levin, Bradley) |
| Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) |
| Filing 7 Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry (eguth, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons, Complaint and Jury Demand, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third Party Complaint, Delay Reduction order, and Pre-Trial Order upon Unum Life Insurance Company of America on 7/8/2025. (eguth, ) |
| Filing 5 COMPLAINT and Jury Demand against UNUM Life Insurance Company of America, filed by Munsey L. Ayers, Jr.(eguth, ) |
| Filing 4 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (eguth, ) |
| Filing 3 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (eguth, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Unum Group for UNUM Life Insurance Company of America. (Santucci, Nicholas) |
| Filing 1 NOTICE OF REMOVAL by UNUM Life Insurance Company of America from District Court, City and County of Denver, Case Number 2025CV32295. (Filing fee $ 405, Receipt Number ACODC-10464888), filed by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Summons, #3 Exhibit State Court Return of Service, #4 Exhibit State Court Civil Cover Sheet, #5 Docket Sheet State Court Docket Sheet, #6 Civil Cover Sheet)(Hobbs, Emily) |
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| Plaintiff: Munsey L. Ayers, Jr. | |
| Represented By: | Gideon S. Irving |
| Represented By: | Bradley Aaron Levin |
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| Defendant: UNUM Life Insurance Company of America | |
| Represented By: | Emily M. Hobbs |
| Represented By: | Nicholas Robert Santucci |
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