Shemms v. North Atlantic States Carpenters Annuity Fund
| Lillian Shemms |
| Southern New England Carpenters Annuity Fund, Connecticut Carpenters Annuity Fund and North Atlantic States Carpenters Annuity Fund |
| 3:2021cv00056 |
| January 15, 2021 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 42 ANSWER to #41 Amended Complaint with Affirmative Defenses. by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund.(Downing, Ryan) |
| Filing 41 AMENDED COMPLAINT Second against All Defendants, filed by Lillian Shemms.(Henry, Ryan) |
Filing 40
ELECTRONIC ORDER. Plaintiff's #39 Second Motion for Leave to File Amended Complaint ("Pl.'s Mot.") is GRANTED, with the consent of Defendant. Plaintiff has requested leave to add an allegation that Defendant "failed to comply with the requirements of 29 U.S.C. 1055(c)(2)(A) in that the Plaintiff did not consent in writing to said waiver because her signature was not witnessed by a plan representative or a notary public." Pl.'s Mot. at 2. Plaintiff adds that this "allegation can be inferred from the prior allegations, [but] the Plaintiff... seeks to amplify her complaint" through its addition. In circumstances such as the present, where more than 21 days have elapsed since Defendant filed its responsive pleading, Plaintiff's Complaint may be amended "only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). The Supreme Court has instructed that "[i]n the absence of any apparent or declared reason--such as undue delay, bad faith or dilatory motive...repeated failure to cure deficiencies...undue prejudice to the opposing party...futility of amendment, etc.--the leave sought should, as the rules require, be 'freely given.'" Foman v. Davis, 371 U.S. 178, 182 (1962). The Court finds Plaintiff's proposed amendment to be permissible in light of these considerations, as it is made with the opposing party's consent and, because it merely clarifies an allegation made in the operative complaint, will not cause undue delay or prejudice. Plaintiff shall file her Second Amended Complaint on the case docket forthwith, assigning it a separate number. To avoid further delaying the matter, by September 16, 2022, the Parties shall inform the Court whether any additional time is needed to answer the Second Amended Complaint and to file any dispositive motions that would supersede the pending Motion for Summary Judgment, Doc. #29 , Memorandum in Opposition, Doc. #35 , and Reply, Doc. #38 . If so, the Parties shall propose an expedited schedule for such filings. If not, the Parties shall docket such updated filings as soon as practicable. Signed by Judge Charles S. Haight, Jr. on September 1, 2022. (Eubank, J.)
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| Filing 39 Second MOTION for Leave to File amended complaint by Lillian Shemms. (Attachments: #1 Exhibit Proposed Amended Complaint)(Henry, Ryan) |
| Filing 38 First RESPONSE /REPLY to Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund. (Downing, Ryan) |
| Filing 37 First NOTICE by North Atlantic States Carpenters Annuity Fund Re: Expert Disclosure (Downing, Ryan) |
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Filing 36
ELECTRONIC ORDER. Defendants' #34 Second Motion for Extension of Time to Disclose Expert is GRANTED, nunc pro tunc, absent objection from Plaintiff and for good cause shown. Defendants must retain their expert and file their expert report on or before June 7, 2022. As this Court has noted previously, Local Rule 7 provides, in relevant part, that "[a]ll motions for extensions of time... will not be granted except for good cause. The good cause standard requires a particularized showing that the time limitation in question cannot reasonably be met despite the diligence of the party seeking the extension." D. Conn. L. Civ. R. 7(b)(1). In addition, "[a]ll motions for extension of time shall be filed at least three (3) business days before the deadline sought to be extended, except in cases in which compelling circumstances warranting an extension arise during the three days before the deadline. Any motion for extension of time filed fewer than three business days before the deadline sought to be extended shall, in addition to satisfying all other requirements of this Rule, set forth reasons why the motion was not filed at least three business days before the deadline in question." D. Conn. L. Civ. R. 7(b)(3). Defendants filed the Second Motion on May 31, 2022, on the day their disclosure was due. This marks the second time in two months that Defendants have requested an extension of time less than three days before the deadline sought to be extended. See 23 Electronic Order. In this instance, Defendants have again satisfied the high compelling-circumstances bar of Local Rule 7, pointing to a Covid case affecting one of Defendants counsel as well as multiple trials that prevented counsel from meeting the previously extended deadline of May 31, 2022. Defendants also appear to be making substantial progress toward having an expert report prepared by next week. For these reasons, the extension of time is granted. However, the Court reminds Defendants that same-day requests for extensions are strongly disfavored, and urges them to take whatever steps necessary to ensure that future requests are made more than three days in advance, particularly where the need for an extension of time is foreseeable. Signed by Judge Charles S. Haight, Jr. on June 1, 2022. (Eubank, J.)
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| Filing 35 Memorandum in Opposition to Defendants' re #29 First MOTION for Summary Judgment filed by Lillian Shemms. (Attachments: #1 Statement of Material Facts, #2 Exhibit 1 and 2)(Henry, Ryan) |
| Filing 34 Second MOTION for Extension of Time until 06/07/2022Regarding Expert Disclosure by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund. (Downing, Ryan) |
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Filing 33
ELECTRONIC ORDER. Defendants' #32 Consent Motion for Extension of Time to Disclose Expert is GRANTED, with the consent of Plaintiff and for good cause shown, particularly, the constrained timeline Defendants faced after Plaintiff disclosed her expert witness on February 25, 2022. Defendants must file their expert disclosure on or before May 31, 2022. Signed by Judge Charles S. Haight, Jr. on May 19, 2022. (Eubank, J.)
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| Filing 32 First MOTION for Extension of Time until May 31, 2022Regarding Defendants' Expert Disclosure by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund. (Downing, Ryan) |
| Filing 31 First Statement of Material Facts re #29 First MOTION for Summary Judgment filed by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund. (Downing, Ryan) |
| Filing 30 First Memorandum in Support re #29 First MOTION for Summary Judgment filed by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund. (Downing, Ryan) |
| Filing 29 First MOTION for Summary Judgment by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund.Responses due by 5/23/2022 (Downing, Ryan) |
| Filing 28 First RESPONSE re #26 Objection filed by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund. (Downing, Ryan) |
| Filing 27 ANSWER to #13 Amended Complaint with Affirmative Defenses. by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund.(O'Donnell, Brian) |
| Filing 26 OBJECTION re #20 First MOTION to Preclude RE: Plaintiff's Expert Report filed by Lillian Shemms. (Henry, Ryan) |
| Filing 25 First EXHIBIT by North Atlantic States Carpenters Annuity Fund re #20 First MOTION to Preclude RE: Plaintiff's Expert Report. (Downing, Ryan) |
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Filing 24
ELECTRONIC ORDER. Defendants' #22 Consent Motion for Extension of Time Regarding Expert Depositions ("Consent Motion") is GRANTED, nunc pro tunc, absent objection from Plaintiff and for good cause shown. Local Rule 7 provides, in relevant part, that "[a]ll motions for extensions of time... will not be granted except for good cause. The good cause standard requires a particularized showing that the time limitation in question cannot reasonably be met despite the diligence of the party seeking the extension." D. Conn. L. Civ. R. 7(b)(1). In addition, "[a]ll motions for extension of time shall be filed at least three (3) business days before the deadline sought to be extended, except in cases in which compelling circumstances warranting an extension arise during the three days before the deadline. Any motion for extension of time filed fewer than three business days before the deadline sought to be extended shall, in addition to satisfying all other requirements of this Rule, set forth reasons why the motion was not filed at least three business days before the deadline in question." D. Conn. L. Civ. R. 7(b)(3). While Defendants filed the Consent Motion on March 31, 2022, only one day before the deadline sought to be extended of April 1, 2022, Defendants have made a particularized showing (including a nearly two-month delay in Plaintiff's filing of her expert disclosure and a firm-wide shut-down of defense counsel's computer network) that satisfies the requirements of Local Rule 7. For this reason, and with the consent of Plaintiff, the extension of time is granted. The deadline to take the deposition of Plaintiff's expert, Kenneth E. Taylor, is extended to June 3, 2022. Signed by Judge Charles S. Haight, Jr. on April 4, 2022. (Eubank, J.)
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Filing 23
ELECTRONIC ORDER. Plaintiff's #21 Consent Motion for Extension of Time to Respond to Defendants' Motion to Preclude Expert Report ("Consent Motion") is GRANTED, nunc pro tunc, absent objection from Defendants and for good cause shown. Local Rule 7 provides, in relevant part, that "[a]ll motions for extensions of time... will not be granted except for good cause. The good cause standard requires a particularized showing that the time limitation in question cannot reasonably be met despite the diligence of the party seeking the extension." D. Conn. L. Civ. R. 7(b)(1). In addition, "[a]ll motions for extension of time shall be filed at least three (3) business days before the deadline sought to be extended, except in cases in which compelling circumstances warranting an extension arise during the three days before the deadline. Any motion for extension of time filed fewer than three business days before the deadline sought to be extended shall, in addition to satisfying all other requirements of this Rule, set forth reasons why the motion was not filed at least three business days before the deadline in question." D. Conn. L. Civ. R. 7(b)(3). While Plaintiff filed the Consent Motion on March 30, 2022, only two days before the deadline sought to be extended of April 1, 2022, Plaintiff has made a particularized showing (including other recent deadlines for substantive motions and a one-day trial) that satisfies the requirements of Local Rule 7. For this reason, and with the consent of Defendants, the extension of time is granted. Plaintiff's response to #20 Defendants' Motion to Preclude Expert Report must be filed on or before April 8, 2022. Any further requests for extension of time must be made on or before April 5, 2022. Signed by Judge Charles S. Haight, Jr. on April 4, 2022. (Eubank, J.)
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| Filing 22 Consent MOTION for Extension of Time until June 3, 2022 to take the Plaintiff's expert's deposition by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund. (O'Donnell, Brian) |
| Filing 21 MOTION for Extension of Time to File Response/Reply with consent as to #20 First MOTION to Preclude RE: Plaintiff's Expert Report until Friday, April 8, 2022 by Lillian Shemms. (Henry, Ryan) |
| Filing 20 First MOTION to Preclude RE: Plaintiff's Expert Report by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund.Responses due by 4/1/2022 (Downing, Ryan) |
| Filing 19 NOTICE by Lillian Shemms expert disclosure (Henry, Ryan) |
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Filing 18
ELECTRONIC ORDER. Defendant's #17 Motion for Extension of Time is GRANTED, absent objection and for good cause shown. Defendant's responses to Plaintiff's interrogatories and requests for production shall be due on or before October 12, 2021. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on September 27, 2021. (Mattison, N.)
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| Filing 17 First MOTION for Extension of Time until October 11, 2021with respect to Responses to Plaintiff's Interrogatories and Requests for Production by Connecticut Carpenters Annuity Fund, North Atlantic States Carpenters Annuity Fund. (Downing, Ryan) |
| Filing 16 NOTICE of Appearance by Ryan Downing on behalf of North Atlantic States Carpenters Annuity Fund (Downing, Ryan) |
| Filing 15 NOTICE by Lillian Shemms discovery (Henry, Ryan) |
| Filing 14 NOTICE by Lillian Shemms discovery (Henry, Ryan) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Lillian Shemms.(Henry, Ryan) |
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Filing 12
ELECTRONIC ORDER. Plaintiff's #11 Motion for Leave to File An Amend Complaint is GRANTED. Plaintiff seeks to amend her Complaint to reflect that, on or about January 1, 2021, named Defendants "were amended to create the 'North Atlantic States Carpenters Annuity Fund.'... [I]t appears that the 'North Atlantic States Carpenters Annuity Fund' is a continuation/successor of the original named Defendants." Doc. #11 at 1-2. Consistent with Plaintiff's current motion, Defendants' #7 Answer states that "The Defendants Southern New England Carpenters Annuity Fund and Connecticut Carpenters Annuity Fund are no longer in existence, and this filing is by their successor known as the North Atlantic States Carpenters Annuity Fund...." Doc. #7 at 1. In circumstances such as the present, where more than 21 days have elapsed since Defendants filed their responsive pleading, Plaintiff's Complaint may be amended "only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). The Supreme Court has instructed that "[i]n the absence of any apparent or declared reason - such as undue delay, bad faith or dilatory motive... repeated failure to cure deficiencies... undue prejudice to the opposing party... futility of amendment, etc. - the leave sought should, as the rules require, be 'freely given.'" Foman v. Davis, 371 U.S. 178, 182 (1962). Furthermore, "[o]n motion or on its own, the court may at any time, on just terms, add or drop a party." Fed. R. Civ. P. 21. The Court finds Plaintiff's proposed amendment to be permissible in light of these considerations, correcting (as it does) the proper parties to this action. Accordingly, Plaintiff is directed to file her Amended Complaint not later than July 23, 2021. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on July 7, 2021. (Mattison, N.)
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| Filing 11 First MOTION for Leave to File amended complaint by Lillian Shemms. (Attachments: #1 Exhibit Proposed Amended Complaint)(Henry, Ryan) |
| Set Deadlines: Discovery due by 4/1/2022, Dispositive Motions due by 5/2/2022, Trial Brief due by 6/1/2022, Trial Ready Date 8/1/2022 (Barry, Donna) |
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Filing 10
ELECTRONIC SCHEDULING ORDER. The Court has reviewed and hereby APPROVES AS MODIFIED the deadlines specified in the Parties' #9 Rule 26(f) Report of Parties' Planning Meeting. Accordingly, the Court establishes the schedule for this case as follows: Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be served not later than May 7, 2021. The Parties shall have until July 1, 2021 to file any motions to join additional parties or to amend their pleadings. All discovery, including depositions of fact witnesses and any expert witnesses pursuant to Fed. R. Civ. P. 26(b)(4), shall be completed not later than April 1, 2022. Plaintiff shall designate any trial experts and provide Defendants with the reports from any such retained experts pursuant to Fed. R. Civ. P. 26(a)(2) not later than January 3, 2022; depositions of any such experts shall be completed not later than April 1, 2022. Defendants shall designate any trial experts and provide Plaintiff with the reports from any such retained experts pursuant to Fed. R. Civ. P. 26(a)(2) not later than February 15, 2022; depositions of any such experts shall be completed not later than April 1, 2022. Dispositive motions, if any, shall be filed on or before May 2, 2022. The joint trial memorandum required by the Standing Order on Trial Memoranda in Civil Cases shall be filed not later than June 1, 2022, or sixty (60) days after the Court's decision on all pending dispositive motions, whichever is later. This case will be ready for trial by August 1, 2022, or sixty (60) days after the filing of the joint trial memorandum, whichever is later. Signed by Judge Charles S. Haight, Jr. on May 3, 2021. (Mattison, N.)
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| Filing 9 REPORT of Rule 26(f) Planning Meeting. (O'Donnell, Brian) |
| Filing 8 CERTIFICATE OF SERVICE by Lillian Shemms (Henry, Ryan) |
| Filing 7 ANSWER to Complaint with Affirmative Defenses by Connecticut Carpenters Annuity Fund, Southern New England Carpenters Annuity Fund.(O'Donnell, Brian) |
| Filing 6 NOTICE of Appearance by Brian O'Donnell on behalf of Connecticut Carpenters Annuity Fund, Southern New England Carpenters Annuity Fund (O'Donnell, Brian) |
| Filing 5 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Connecticut Carpenters Annuity Fund, Southern New England Carpenters Annuity Fund* with answer to complaint due within *21* days. Attorney *Ryan M. Henry* *Allingham, Readyoff & Henry, LLC* *54 Bridge Street* *New Milford, CT 06776*. (Nuzzi, Tiffany) |
| Filing 4 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 #1 Complaint filed by Lillian Shemms, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order Signed by Clerk on 1/19/2021.(Nuzzi, Tiffany) |
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 1/15/2021.(Nuzzi, Tiffany)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 3/16/2021 Discovery due by 7/17/2021 Dispositive Motions due by 8/21/2021 Signed by Clerk on 1/15/2021.(Nuzzi, Tiffany)
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6330034.), filed by Lillian Shemms.(Henry, Ryan) |
| Request for Clerk to issue summons as to All Defendants. (Henry, Ryan) |
| Judge Charles S. Haight, Jr added. (Oliver, T.) |
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