Khesin v. Aetna Life Insurance Company et al
| Daniel Khesin |
| Aetna Life Insurance Company and Hartford Life & Accident Insurance Company |
| 3:2020cv01580 |
| October 20, 2020 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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Filing 40
TRANSCRIPT of Proceedings: Type of Hearing: Telephonic Status Conference. Held on 10/13/2021 before Judge Stefan R. Underhill. Court Reporter: Melissa J. Cianciullo. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 12/7/2021. Redacted Transcript Deadline set for 12/17/2021. Release of Transcript Restriction set for 2/14/2022. (Cianciullo, Melissa)
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Filing 39
ORDER OF TRANSFER. Case reassigned to Judge Sarah A. L. Merriam for all further proceedings. Signed by Judge Stefan R. Underhill on 11/3/2021. (Oliver, T.)
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Filing 38
ORDER granting #37 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 10/29/2021. (Guerrier, C.)
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Set Deadlines/Hearings: Dispositive Motions due by 12/13/2021. (Guerrier, C.)
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Filing 37
Consent MOTION for Extension of Time until December 13, 2021 to File Dispositive Motions by Aetna Life Insurance Company, Hartford Life & Accident Insurance Company. (Bennici, Gregory)
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Filing 36
ORDER granting in part and denying in part #32 Motion to Compel for the reasons set forth on the record in the October 13, 2021 conference in this matter. See Conf. Mem. and Order, Doc. No. 35. Signed by Judge Stefan R. Underhill on 10/21/2021. (Guerrier, C.)
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Filing 35
MEMORANDUM of Status Conference and ORDER. Signed by Judge Stefan R. Underhill on 10/21/2021.(Guerrier, C.)
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Filing 34
Minute Entry for proceedings held before Judge Stefan R. Underhill: Status Conference held on 10/13/2021. Total Time: 00 hours and 31 minutes (Court Reporter Melissa Cianciullo.) (Guerrier, C.)
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Filing 33
Memorandum in Opposition re #32 MOTION to Compel filed by Aetna Life Insurance Company, Hartford Life & Accident Insurance Company. (Bennici, Gregory)
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Filing 32
MOTION to Compel by Daniel Khesin.Responses due by 10/8/2021 (Attachments: #1 Exhibit 1 - December 21, 2020 email exchange between Atty Ellis and Atty Bennici regarding producing record, #2 Exhibit 2 - December 22, 2020 email from Atty Bennici regarding producing record, #3 Exhibit 3 - February 17, 2021 email from Atty Bennici regarding discovering decision, #4 Exhibit 4 - October 5, 2020 Decision Letter, #5 Exhibit 5 - May 26, 2021 email from Atty Bennici regarding replacing claim notes, #6 Exhibit 6 - Original Claim Notes, #7 Exhibit 7 - New Claim Notes, #8 Exhibit 8 - Khesin's Discovery Requests, #9 Exhibit 9 - Defendants' Initial Discovery Responses, #10 Exhibit 10 - Defendants' Supplemental Discovery Responses, #11 Exhibit 11 - 30(b)(6) notice)(Ellis, Hudson)
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Filing 31
ORDER granting #30 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 09/17/21. (Guerrier, C.)
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Filing 30
Consent MOTION for Extension of Time until September 17, 2021 for Plaintiff to File his Motion to Compel by Daniel Khesin. (Ellis, Hudson)
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Set Deadlines/Hearings: Discovery due by 9/29/2021 and Dispositive Motions due by 11/3/2021 (Guerrier, C.)
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Filing 29
ORDER: Plaintiff will have 14 days from today to file a motion to compel discovery. Defendant will have 14 days to file an opposition to Plaintiff's motion. Signed by Judge Stefan R. Underhill on 9/1/2021.(Guerrier, C.)
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Filing 28
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Status Conference Call set for 10/13/2021 11:00 AM before Judge Stefan R. Underhill. The call-in for the conference is 888.636.3807; when prompted for the access code, dial 650.8043 followed by #. (If asked whether to join the conference as the host, bypass that option by dialing #.) Status Conference set for 10/13/2021 11:00 AM before Judge Stefan R. Underhill. (Guerrier, C.)
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Set Deadlines: Discovery due by 9/13/2021 Dispositive Motions due by 10/28/2021 (Torres, K.)
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Filing 27
ORDER granting #26 the parties' joint motion for a 45-day extension of the discovery deadline. Now, discovery will close on September 13, 2021. And dispositive motions are due by October 28, 2021. Signed by Judge Stefan R. Underhill on 08/04/2021. (Rosenberg, J.)
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Filing 26
Joint MOTION for Extension of Time until September 13, 2021 to Complete Discovery by Daniel Khesin. (Ellis, Hudson)
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Filing 25
NOTICE by Daniel Khesin Plaintiff's Served Damage Analysis to Defendants (Ellis, Hudson)
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Filing 24
ANSWER to #1 Complaint with Affirmative Defenses and Special Defenses by Aetna Life Insurance Company, Hartford Life & Accident Insurance Company.(Bennici, Gregory)
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Filing 23
ORDER denying as moot #11 the Defendants' motion to dismiss, in light of the Defendants' notice at doc. no. #22 . The motion to dismiss hearing that was scheduled for March 30, 2021, doc. no. #17 , is now cancelled. The Defendants' answer is due by March 19, 2021. Signed by Judge Stefan R. Underhill on 02/18/2021. (Rosenberg, J.)
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Filing 22
NOTICE by Aetna Life Insurance Company, Hartford Life & Accident Insurance Company of Withdrawal of Motion to Dismiss (Doc. 11) (Bennici, Gregory)
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Reset Deadlines as to #11 MOTION to Dismiss . Reply to Opposition due by 3/1/2021. (Imbriani, Susan)
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Filing 21
ORDER granting #18 Defendants' consent motion for an extension of time, as set forth in my conference memorandum and order, doc. no. #20 . The Defendants' reply to Plaintiff's opposition to the Defendants' motion to dismiss is now due by March 1, 2021. Signed by Judge Stefan R. Underhill on 02/08/2021. (Rosenberg, J.)
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Filing 20
MEMORANDUM of Rule 16 Pretrial Conference and ORDER. Signed by Judge Stefan R. Underhill on 02/08/2021. (Rosenberg, J.)
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Filing 19
Minute Entry for proceedings held before Judge Stefan R. Underhill: Rule 16 Pretrial Conference held on 2/8/2021. Total Time: 0 hours and 25 minutes (Court Reporter S. Masse.) (Rosenberg, J.)
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Filing 18
Consent MOTION for Extension of Time until March 1, 2021 to File Reply to #16 Response,, by Aetna Life Insurance Company, Hartford Life & Accident Insurance Company. (Bennici, Gregory)
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Filing 17
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Motion to Dismiss Hearing set for 3/30/2021 03:00 PM before Judge Stefan R. Underhill.The hearing will take place via Zoom. The Zoom access information will be posted on the docket shortly. (Rosenberg, J.)
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NOTICE regarding hearing via Zoom: The hearing regarding the Defendants' pending motion to dismiss -- doc. no. #11 -- scheduled for March 30, 2021 at 3:00 PM will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1608696427?pwd=T3hTNGFIRVVPNlF6TTRjeXFvSGtUUT09 and the call in number is +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 669 216 1590 US (San Jose) +1 551 285 1373 US.Meeting ID: 160 869 6427 Meeting Password: 096385Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Rosenberg, J.)
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Filing 16
RESPONSE re #11 MOTION to Dismiss filed by Daniel Khesin. (Attachments: #1 Exhibit 1-Appeal Fax confirmation sheet, #2 Exhibit 2-Defendants' July 2020 Proffer, #3 Exhibit 3-Affidavit of K. Molina Haynes, #4 Exhibit 4-Plaintiff's request for Ext. to Respond to proffer, #5 Exhibit 5-Plaintiff's request for 2d extension, #6 Exhibit 6-Plaintiff's response to Proffer, #7 Exhibit 7-Defendants' request for extension, #8 Exhibit 8-Defendants' second proffer letter, #9 Exhibit 9-Plaintiff's Deadline reminder letter)(Ellis, Hudson)
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Reset Deadlines as to #11 MOTION to Dismiss . Responses due by 2/1/2021. (Imbriani, Susan)
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Filing 15
ORDER granting #14 plaintiff's consent motion for an extension of time. The plaintiff's opposition to the defendants' motion to dismiss, doc. no. #11 , is now due by February 1, 2021. Signed by Judge Stefan R. Underhill on 01/08/2021. (Rosenberg, J.)
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Filing 14
Consent MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss until February 1, 2021 by Daniel Khesin. (Ellis, Hudson)
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Filing 13
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Rule 16 Pretrial Conference set for 2/8/2021 03:00 PM before Judge Stefan R. Underhill. The call-in for the conference is 888.636.3807; when prompted for the access code, dial 650.8043 followed by #. (If asked whether to join the conference as the host, bypass that option by dialing #.) (Rosenberg, J.)
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Filing 12
REPORT of Rule 26(f) Planning Meeting. (Bennici, Gregory)
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Filing 11
MOTION to Dismiss by Aetna Life Insurance Company, Hartford Life & Accident Insurance Company.Responses due by 1/11/2021 (Attachments: #1 Memorandum in Support, #2 Declaration of Carole Roy, #3 Exhibit A to Roy Declaration, #4 Exhibit B to Roy Declaration, #5 Exhibit C to Roy Declaration, #6 Exhibit D to Roy Declaration, #7 Exhibit E to Roy Declaration, #8 Exhibit F to Roy Declaration, #9 Exhibit G to Roy Declaration, #10 Exhibit H to Roy Declaration, #11 Exhibit I to Roy Declaration)(Bennici, Gregory)
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Filing 10
ORDER granting #9 the parties' consent motion for an extension of time. The parties' Rule 26(f) Report is now due by January 5, 2021. Signed by Judge Stefan R. Underhill on 11/16/2020. (Rosenberg, J.)
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Filing 9
Consent MOTION for Extension of Time until January 5, 2021 to file Report of Parties' Planning Meeting by Aetna Life Insurance Company, Hartford Life & Accident Insurance Company. (Bennici, Gregory)
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Filing 8
WAIVER OF SERVICE Returned Executed as to Aetna Life Insurance Company waiver sent on 10/22/2020, answer due 12/21/2020; Hartford Life & Accident Insurance Company waiver sent on 10/22/2020, answer due 12/21/2020 filed by Aetna Life Insurance Company; Hartford Life & Accident Insurance Company. (Begos, Patrick)
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Filing 7
NOTICE of Appearance by Gregory J. Bennici on behalf of Aetna Life Insurance Company, Hartford Life & Accident Insurance Company (Bennici, Gregory)
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Filing 6
NOTICE of Appearance by Patrick Walter Begos on behalf of Aetna Life Insurance Company, Hartford Life & Accident Insurance Company (Begos, Patrick)
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Filing 5
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Standing Protective Order, #1 Complaint filed by Daniel Khesin, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 10/21/2020.(Fazekas, J.)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 10/20/2020.(Fazekas, J.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 10/20/2020.(Fazekas, J.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 12/19/2020. Discovery due by 4/21/2021. Dispositive Motions due by 5/26/2021. Signed by Clerk on 10/20/2020.(Fazekas, J.)
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Judge Stefan R. Underhill added. (Oliver, T.)
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Filing 1
COMPLAINT against Aetna Life Insurance Company, Hartford Life & Accident Insurance Company ( Filing fee $400 receipt number ACTDC-6169166.), filed by Daniel Khesin. (Attachments: #1 Civil Coversheet)(Ellis, Hudson)
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