Prudential Insurance Company of America v. Kowalski
| The Prudential Insurance Company of America and Prudential Insurance Company of America |
| Jennifer Kowalski |
| Marianne Walsh |
| 3:2021cv00541 |
| April 19, 2021 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Robert N Chatigny |
| Robert M Spector |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 326 CLERK'S UPDATED CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #311 Notice of Interlocutory Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: None (Imbriani, Susan) |
Filing 325
ORDER granting #324 JOINT CONSENT MOTION FOR UPDATED CERTIFIED INDEX AND RECORD. Signed by Judge Victor A. Bolden on 8/10/23. (Rafla-Yuan, Deanna)
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| Filing 324 MOTION JOINT CONSENT MOTION for UPDATED CERTIFIED INDEX AND RECORD TO APPELLATE COURT re #312 Clerk's Certificate re: Notice of Appeal, #319 MOTION Request to Send Updated Certified Copy of Index to the Court of Appeals , #311 Notice of Interlocutory Appeal by Jennifer Kowalski.Responses due by 8/29/2023 (Attachments: #1 Exhibit A)(Kowalski, Jennifer) |
| Filing 323 Memorandum in Support re #315 MOTION for Sanctions filed by Prudential Insurance Company of America. (Wolfson, Joseph) |
| Filing 322 Memorandum in Opposition and Request for Evidentiary Hearing re #315 MOTION for Sanctions filed by Jennifer Kowalski. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kowalski, Jennifer) |
| Filing 321 REPLY to Response to #316 MOTION for Disclosure of Designated Documents and Defendant's Privilege Log, #315 MOTION for Sanctions filed by Prudential Insurance Company of America. (Attachments: #1 Exhibit Exhibit 1)(Wolfson, Joseph) |
| Filing 320 AFFIDAVIT re #316 MOTION for Disclosure of Designated Documents and Defendant's Privilege Log Signed By Jennifer Kowalski filed by Jennifer Kowalski. (Kowalski, Jennifer) |
| Filing 319 MOTION Request to Send Updated Certified Copy of Index to the Court of Appeals by Jennifer Kowalski.Responses due by 7/4/2023 (Kowalski, Jennifer) |
| Filing 318 RESPONSE re #317 Response Sur-Reply Defendant's Motion 314 filed by Jennifer Kowalski. (Attachments: #1 Exhibit A)(Kowalski, Jennifer) |
| Filing 317 RESPONSE re #314 MOTION to Amend/Correct #301 Objection Removing Permission to Appeal Request as Moot by Prudential Insurance Company of America. (Wolfson, Joseph) |
| Filing 316 MOTION for Disclosure of Designated Documents and Defendant's Privilege Log by Jennifer Kowalski. (Attachments: #1 defendant Privilege Log)(Kowalski, Jennifer) |
| Filing 315 MOTION for Sanctions by Prudential Insurance Company of America.Responses due by 6/28/2023 (Wolfson, Joseph) |
| Filing 314 MOTION to Amend/Correct #301 Objection Removing Permission to Appeal Request as Moot by Jennifer Kowalski.Responses due by 6/24/2023 (Kowalski, Jennifer) |
| Filing 313 First OBJECTION to Orders 303, 307 and 309 filed by Jennifer Kowalski. (Kowalski, Jennifer) |
| Filing 312 CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #311 Notice of Interlocutory Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none (Fanelle, N.) |
| Filing 311 AMENDED NOTICE OF INTERLOCUTORY APPEAL as to 296 Order on Motion to Vacate, 298 Order on Motion to Vacate, 303 Order, 309 Order, by Jennifer Kowalski. (Fanelle, N.) |
| Filing 310 ENTERED IN ERROR: NOTICE of Appearance by Jonathan B. Orleans on behalf of Prudential Insurance Company of America (Orleans, Jonathan) Modified on 6/1/2023 to add Entered in Error as Attorney did not mean to file with our Court. He did file this directly with Appeals Court (Chartier, AnnMarie). |
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Filing 309
ORDER. In light of Plaintiff's most recent filing, ECF No. #308 , and consistent with this Court's previous Order, see ECF No. 303 (authorizing, in the absence of compliance with the Court's Orders, Plaintiff to "move for further orders from the Court," including "reasonable expenses incurred" after May 5, 2023 as well as any other appropriate sanctions."), Plaintiff may file such a motion, specifying the specific relief sought in a proper motion, accompanied by a memorandum of law. See Bolden Pre-Trial Pref., at "Letter Briefs and Supplemental Authorities" ("Unless requested by Judge Bolden, letter briefs should not be filed. A formal motion instead should be filed, if necessary."); see also D. Conn. L. Civ. R. 10. Signed by Judge Victor A. Bolden on 05/31/2023.(Jean-Jacques, Walter)
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| Filing 308 RESPONSE re 307 Order,,,,,,,, by Prudential Insurance Company of America. (Wolfson, Joseph) |
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Filing 307
ORDER. To the extent that through filing a notice of appeal of this Court's discovery order, ECF No. 306, Defendant, Jennifer Kowalski, seeks to stay the enforcement of that order pending her appeal, that motion is DENIED. Under the relevant factors to be considered for entering a stay, see SEC v. Citigroup Glob., 673 F.3d 158, 162 (2d Cir. 2012) (identifying four factors, including "whether the stay applicant has made a strong showing that [she] is likely to succeed on the merits," "whether the applicant will be irreparably injured absent a stay," "whether issuance of the stay will substantially injure the other parties interested in the proceeding," and "where the public interest lies."), none of them favors entering a stay here. At best, complying with the outstanding discovery order may affect her rights, but given the prospect of the entering of a protective order to preserve any such rights, pending any appeal, this factor does not weigh in favor of further delaying further enforcement of this Courts discovery order, especially since this case involves serious allegations that Defendant should not have possessed the information at issue in the first place. See Complaint, ECF No. #1 (Apr. 19, 2021). And Defendant's efforts at delay may be an attempt to avoid the return of information improperly in the Defendant's possession. In other words, further delay may unduly prejudice the rights of the Plaintiff. See Kelleher v. ADVO, Inc., No. 3:06 CV 01422 AVC, 2007 WL 1232177, at *3 (D. Conn. Apr. 24, 2007) ("the court may lift the stay only when particularized discovery is necessary to either: 1) preserve evidence; or 2) prevent undue prejudice" (citation and quotation marks omitted)). Accordingly, no stay of this Court's discovery order will issue, and Defendant shall provide the information requested in this Court's order, ECF No. 303, immediately, while her current appeal is pending. Signed by Judge Victor A. Bolden on 05/25/2023.(Jean-Jacques, Walter)
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| Filing 306 NOTICE OF INTERLOCUTORY APPEAL as to 296 Order on Motion to Vacate, 298 Order on Motion to Vacate, by Jennifer Kowalski. Filing fee $ 505, receipt number 373920. (Imbriani, Susan) |
| Filing 305 RESPONSE re 303 Order,,,,,,,,,, by Prudential Insurance Company of America. (Attachments: #1 Exhibit A)(Wolfson, Joseph) |
| Filing 304 TRANSCRIPT of Proceedings: Type of Hearing: Discovery Hearing. Held on 5/3/2023 before Judge Victor A. Bolden. Court Reporter: Sharon Montini. 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 5/27/2023. Redacted Transcript Deadline set for 6/6/2023. Release of Transcript Restriction set for 8/4/2023. (Montini, S.) |
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Filing 303
ORDER. As discussed at today's conference, ECF No. 302, Ms. Kowalski must comply with this Court's previous order, ECF No. 298. See ECF No. 298 ("The Court DENIES the motion to vacate interlocutory non-dispositive magistrate order 282. See Thomas v. Arn, 474 U.S. 140 (1985) [(citations omitted)]. Moreover, Defendant must comply with Judge Spector's Order, ECF No. 282, which this Court has now adopted as well. Id."). Consistent with these previous Orders, Ms. Kowalski specifically must "provide Epiq access to her Dropbox, OneDrive, and Google Drive accounts," ECF No. 282, by May 5, 2023 at 5:00 p.m. Even more specifically, as previously ordered, Ms. Kowalski must "provide credentials to access the computer and all other sources, including but not limited to email accounts, where the inadvertently produced data may reside," ECF No. 229, and "must arrange for and provide EPIQ with any information it reasonably needs to access the sources in her possession, control, and/or control where the inadvertently produced data resides." Id. (citation omitted). As a result, if she has not complied as specifically stated in previous Orders and as reiterated here, by May 5, 2023 at 5:00 p.m. Plaintiff may move for further order from this Court, and Ms. Kowalski shall be sanctioned for the monetary costs associated with her failure to comply until she does finally comply. See.e.g., Fed. R. Civ. P. 37(a)(5) (providing for the awarding of "the movant's reasonable expenses incurred in making the motion including the attorney's fees."). As stated at today's hearing, the Court will not impose such costs for any noncompliance before May 5, 2023 at 5:00 p.m. But if the failure to comply does not cease by May 5, 2023 at 5:00 p.m., any such "reasonable expenses incurred" by Plaintiff from that point forward until compliance may be sought and recovered by the Plaintiff. Moreover, if compliance continues to be an issue, the Court will not hesitate to consider the imposition of "other appropriate sanctions," id. at (c)(1)(C), as provided by the Federal Rules of Civil Procedure, in addition to any monetary sanctions. While Ms. Kowalski as recently as todays hearing has continued to raise objections as to the nature of this and previous Orders, these arguments have been heard and rejected. At this point, compliance is required, and any further delay will not be tolerated, at least without the imposition of sanctions, as noted by this Court herein. Signed by Judge Victor A. Bolden on 05/03/2023.(Jean-Jacques, Walter)
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| Filing 302 Minute Entry for proceedings held before Judge Victor A. Bolden: Discovery Hearing held on 5/3/2023. Total Time: 15 minutes(Court Reporter Sharon Montini.) (Jean-Jacques, Walter) |
| Filing 301 First OBJECTION re 296 Order on Motion to Vacate,,,,,,,,, 298 Order on Motion to Vacate,,, filed by Jennifer Kowalski. (Kowalski, Jennifer) |
| Filing 300 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Discovery Hearing re Order on Motion to Compel, ECF No. #282 , set for 5/3/2023 at 10:00 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (Jean-Jacques, Walter) |
| Filing 299 RESPONSE re #282 Order on Motion to Compel,, by Prudential Insurance Company of America. (Wolfson, Joseph) |
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Filing 298
ORDER denying #297 First MOTION to Vacate Interlocutory Non-Dispositive Magistrate Order 282 (Stated Objections in Support of Notice of Objection Form DE 288). The Court DENIES the motion to vacate interlocutory non-dispositive magistrate order #282 . See Thomas v. Arn, 474 U.S. 140 (1985) ("[A] district court may refer dispositive motions to a magistrate for a recommendation so long as 'the entire process takes place under the district court's total control and jurisdiction,' and the judge 'exercises the ultimate authority to issue an appropriate order.'" (quoting U.S. v. Raddatz, 447 U.S. 667 (1980))). Moreover, Defendant must comply with Judge Spector's Order, ECF No. #282 , which this Court has now adopted as well. Id. Signed by Judge Victor A. Bolden on 04/24/2023. (Jean-Jacques, Walter)
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| Filing 297 First MOTION to Vacate Interlocutory Non-Dispositive Magistrate Order 282 (Stated Objections in Support of Notice of Objection Form DE 288) by Jennifer Kowalski. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Kowalski, Jennifer) |
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Filing 296
ORDER denying #292 First MOTION to Vacate Non-Dispositive Magistrate Order 278 (Memo in Support of Notice of Relief DE 287), #293 Amended MOTION to Vacate Non-Dispositive Magistrate Order 278 (memo in Support of Notice of Relief DE 287). The Court DENIES the motions for reconsideration of the Court's previous Order, ECF No. 291 . See Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995)("The standard for granting [a motion for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked--matters, in other words, that might reasonably be expected to alter the conclusion reached by the court."). Moreover, the Court notes that there is no reason under this standard to reconsider the Court's previous Order. Defendant must comply with Judge Spector's Order, ECF No. 286 , which this Court has now adopted as well.Signed by Judge Victor A. Bolden on 04/21/2023. (Jean-Jacques, Walter)
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| Filing 295 Memorandum in Support re #293 Amended MOTION to Vacate Non-Dispositive Magistrate Order 278 (memo in Support of Notice of Relief DE 287) (Transcript Support as Required) filed by Jennifer Kowalski. (Attachments: #1 Exhibit Transcripts w USMJ March 30 2023, #2 Exhibit Transcripts w USMJ March 31 2023, #3 Exhibit Transcripts w USMJ April 5 2023)(Kowalski, Jennifer) |
| Filing 294 RESPONSE re #282 Order on Motion to Compel,, filed by Prudential Insurance Company of America. (Attachments: #1 Exhibit)(Wolfson, Joseph) |
| Filing 293 Amended MOTION to Vacate Non-Dispositive Magistrate Order 278 (memo in Support of Notice of Relief DE 287) by Jennifer Kowalski. (Attachments: #1 Exhibit Notice of Appeal for Relief)(Kowalski, Jennifer) |
| Filing 292 First MOTION to Vacate Non-Dispositive Magistrate Order 278 (Memo in Support of Notice of Relief DE 287) by Jennifer Kowalski. (Kowalski, Jennifer) |
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Filing 291
AMENDED ORDER denying #289 Motion to Stay. The Court DENIES the motion for a stay and DENIES any relief from the Orders of U.S. Magistrate Judge Robert M. Spector, ECF Nos. 278 and #282 . Moreover, the Court considers the requests for relief as yet another motion for reconsideration, and under the strict standard for reconsideration, Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995), the Court finds the Defendant's filing insufficient.To the extent that these filings, ECF Nos. #287 and #288 , can be construed as an objection to the report and recommendation of a U.S. Magistrate Judge to a District Court judge, the Court adopts the report and recommendation of Judge Spector, and denies these objections. See ECF No. 286 .Having determined that there is no reason for the Orders of Judge Spector not to be complied with by the Defendant, however they are construed, no stay of these Orders are warranted. Accordingly, the motion for a stay is denied. Signed by Judge Victor A. Bolden on 04/18/2023.(Jean-Jacques, Walter)
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Filing 290
ORDER denying #289 Motion to Stay. The Court DENIES the motion for a stay and DENIES any relief from the Orders of U.S. Magistrate Judge Robert M. Spector, ECF Nos. 278 and #282 . Moreover, the Court considers the requests for relief as yet another motion for reconsideration, and under the strict standard for reconsideration, Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995), the Court finds the Defendant's filing insufficient.To the extent that these filings, ECF Nos. #287 and #288 , can be construed as an objection to the report and recommendation of a U.S. Magistrate Judge to a District Court judge, the Court adopts the report and recommendation of Judge Spector, and denies these objections. See ECF No. 286 . Having determined that there is no reason for the Orders of Judge Spector to be complied with by the Defendant, however they are construed, no stay of these Orders are warranted. Accordingly, the motion for a stay is denied.Signed by Judge Victor A. Bolden on 04/18/2023. (Jean-Jacques, Walter)
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| Filing 289 MOTION to Stay re 278 and #282 of Non-Dispositive Magistrate Discovery Order Pending Determination of Relief from Such Orders by Jennifer Kowalski.Responses due by 5/8/2023 (Imbriani, Susan) |
| Filing 288 NOTICE for Relief From Magistrate Order #282 to Presiding District Judge by Jennifer Kowalski (Imbriani, Susan) |
| Filing 287 NOTICE For Relief From Magistrate Order 278 to Presiding District Judge by Jennifer Kowalski (Imbriani, Susan) |
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Filing 286
ORDER denying the defendant's Motion Request for Findings of Fact and Conclusions of Law (Doc. No. #285 ): In her motion, the defendant requests that the Court supplement its Orders of April 4, 2023, and April 10, 2023 (Doc. Nos. 278 , #282 ) with findings of fact and conclusions of law.Although not explicitly stated, the Court construes the defendant to have filed her motion pursuant to Rule 52 of the Federal Rules of Civil Procedure. A motion filed pursuant to Rule 52 is inappropriate here. "Rule 52 applies only to cases in which a court issues factual findings following a trial on the merits." Walsh v. Law Offices of Howard Lee Schiff, P.C., No. 3:11 CV 1111(SRU), 2013 WL 74967, at *1 (D. Conn. Jan. 7, 2013) (citing Fed. R. Civ. P. 52(a)(1)). "Indeed, Rule 52 makes explicit that 'the court is not required to state findings or conclusions when ruling on a motion under Rule 12 or 56 or, unless these rules provide otherwise, on any other motion.'" Id. (quoting Fed. R. Civ. P. 52(a)(3) (emphasis added)). The Court's rulings on the plaintiff's Motion to Compel (Doc. No. #254 ) and the defendant's Motion for Order to Show Cause (Doc. No. #255 ), respectively, were not based on findings of fact. Accordingly, the plaintiff's instant motion is improper and is therefore DENIED.Courts faced with a defective Rule 52(b) motion have nevertheless construed the motion as one for reconsideration in order to reach its merits. See id. at *2 (citation omitted); see also Pellechia v. OneWest Bank, FSB, 3:11 CV 1587(JCH), 2013 WL 1131609, at *2 (D. Conn. Mar. 18, 2013). Even if the Court were to construe the defendant's motion as one for reconsideration, however, it would still fail. The Second Circuit has held that "[t]he standard for granting [a motion for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked--matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995) (citations omitted). There are three grounds upon which a court may grant a motion for reconsideration: (1) an intervening change in controlling law; (2) the availability of newly discovered evidence; and (3) the need to correct clear error or prevent manifest injustice. See Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992). That the Court overlooked controlling law or material facts may also entitle a party to succeed on a motion to reconsider. Eisemann v. Greene, 204 F.3d 393, 395 n. 2 (2d Cir. 2000) (per curiam) ("To be entitled to reargument, a party must demonstrate that the Court overlooked controlling decisions or factual matters that were put before it on the underlying motion.") (internal quotation marks omitted). The defendant has failed to satisfy the strict standard required to succeed on a motion to reconsider, and her motion is therefore DENIED. Signed by Judge Robert M. Spector on April 13, 2023. (Briskin, Corey)
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| Filing 285 MOTION for More Definite Statement on Rulings 278 and 282 Finds of Fact and Law (Responses due by 5/2/2023, ), MOTION for Clarification by Jennifer Kowalski. (Kowalski, Jennifer) |
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Filing 284
ORDER denying as moot #226 Motion to Suspend Dismissal. In light of the case remaining open while the parties work to resolve their discovery dispute, the Court DENIES as moot the motion to suspend dismissal.Signed by Judge Victor A. Bolden on 04/11/2023. (Jean-Jacques, Walter)
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| Filing 283 TRANSCRIPT of Proceedings: Type of Hearing: Motion Hearing. Held on 04/05/23 before Judge Robert M. Spector. Court Reporter: eScribers, LLC. 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 5/1/2023. Redacted Transcript Deadline set for 5/11/2023. Release of Transcript Restriction set for 7/9/2023. (Gottlieb, J) |
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Filing 282
ORDER granting in part and denying in part the plaintiff's Motion to Compel (Doc. No. #254 ): For the reasons stated in the attached Ruling on the Plaintiff's Motion to Compel the Defendant to Comply with the Court's Orders and for Sanctions (Doc. No. #254 ), the motion to compel is GRANTED. The defendant shall provide Epiq access to her Dropbox, OneDrive, and Google Drive accounts by April 17, 2023. The motion for sanctions is DENIED without prejudice. The defendant is cautioned that any future failure to comply with this Order would likely result in the issuance of sanctions. Signed by Judge Robert M. Spector on April 10, 2023. (Briskin, Corey)
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| Filing 281 TRANSCRIPT of Proceedings: Type of Hearing: Motions Hearing. Held on March 31, 2023 before Judge Robert M. Spector. Court Reporter: Martha Marshall (Transcriber). 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 5/1/2023. Redacted Transcript Deadline set for 5/11/2023. Release of Transcript Restriction set for 7/9/2023. (Marshall, Martha) |
| Filing 280 TRANSCRIPT of Proceedings: Type of Hearing: Motions Hearing. Held on March 30, 2023 before Judge Robert M. Spector. Court Reporter: Martha Marshall (Transcriber). 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 5/1/2023. Redacted Transcript Deadline set for 5/11/2023. Release of Transcript Restriction set for 7/9/2023. (Marshall, Martha) |
| Filing 279 Minute Entry for proceedings held before Judge Robert M. Spector: Motion Hearing held on 4/5/2023 re #254 MOTION to Compel Defendant to Comply with the Court's Orders and for Sanctions, with Exhibits filed by Prudential Insurance Company of America, Discovery Hearing held on 4/5/2023. 11 minutes (Court Reporter CourtSmart.) (Langello, Nicholas) |
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Filing 278
ORDER denying the defendant's Motion for Order to Show Cause (Doc. No. #255 ): On February 13, 2023, the defendant filed a Motion for Order to Show Cause (Doc. No. #255 ). In her motion, the defendant requests that the Court issue an Order requiring the plaintiff to: (i) produce the forensic report prepared by Epiq; (ii) produce discovery related to the plaintiff's ESI collection, search, and validation methodologies; and (iii) file the parties' executed settlement agreement on the docket. (See Doc. No. #255 at 2). The defendant further requests that the Court order the de-designation of documents marked "Confidential-Attorney's Eyes Only." (See id.). Finally, the defendant requests that the Court sanction the plaintiff for its alleged non-compliance with the Court's discovery orders. (See Doc. No. #255 at 3-4). On March 30, 2023, the Court held oral argument on the defendant's motion. (Doc. No. #275 ). As an initial matter, the defendant seeks an Order compelling the plaintiff to produce various discovery items long after the discovery deadline passed in July 2022. (See Doc. No. #175 ). Moreover, this case was reported settled in the parties' July 14, 2022 Joint Motion to Stay Proceedings. (See Doc. No. #203 ). The Court (Chatigny, J.) granted the parties motion, staying all proceedings in this action and suspending all deadlines for 90 days so that the parties could work together to complete the actions required under the agreement before the case could be dismissed. (See Doc. Nos. #203 , 204 ). Although the executed settlement agreement is confidential and thus has not been filed on the docket, the defendant acknowledged in her Memorandum of Law in support of her Motion for Order to Show Cause that [t]he parties entered a confidential settlement. (Doc. No. 255-1 at 26). The Court DENIES the defendants motion to reopen discovery because (i) the discovery deadline has passed; (ii) the parties jointly executed a settlement agreement in which they agreed to suspend all litigation-related deadlines while they complied with the Courts July 11, 2022 stipulated Order (Doc. No. #201 ); (iii) the parties reported the case settled on the docket; and (iv) the Court stayed all proceedings. Furthermore, the Court DENIES the defendants motion to de-designate the documents marked Attorneys Eyes Only or Privileged since those documents were so designated in accordance with the procedure set forth in a stipulated Order signed by the Court (Chatigny, J.) on July 23, 2021. (Doc. No. #52 ). Finally, insofar as the Court does not agree with the defendants assertion that the plaintiff is out of compliance with the Courts discovery orders, the Court DENIES the defendants motion for sanctions. Signed by Judge Robert M. Spector on April 4, 2023. (Briskin, Corey)
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| Filing 277 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A follow-up conference via Zoom regarding the plaintiff's Motion to Compel (Doc. No. #254 ) is scheduled for 4/5/2023 at 12:00pm before Judge Robert M. Spector. (Briskin, Corey) |
| NOTICE regarding hearing via Zoom: The discovery hearing scheduled for 04/05/2023 at 12:00pm will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1606059577?pwd=NnVUVUpyampUd2NzSWo1Y2FuNFZUZz09 and call in number is (551) 285-1373.Meeting ID: 160 605 9577 Meeting Password: 093798Please 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. (Briskin, Corey) |
| Filing 276 Minute Entry for proceedings held before Judge Robert M. Spector: Continued oral argument on Doc. Nos. #254 and #255 was held on 3/31/2023. Total time: 22 minutes. (Briskin, Corey) Modified file date on 4/6/2023 (Langello, Nicholas). |
| Filing 275 Minute Entry for proceedings held before Judge Robert M. Spector: Oral argument held on 3/30/2023 re #254 MOTION to Compel Defendant to Comply with the Court's Orders and for Sanctions, with Exhibits filed by Prudential Insurance Company of America, #255 MOTION for Order to Show Cause filed by Jennifer Kowalski. Total Time: 1 hour and 54 minutes (Court Reporter CourtSmart.) (Langello, Nicholas) |
| Filing 274 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Continued on-the-record oral argument via Zoom is scheduled for 3/31/2023 at 04:30pm before Judge Robert M. Spector. A separate entry containing Zoom access instructions will be docketed. (Briskin, Corey) |
| NOTICE regarding hearing via Zoom: The Discovery scheduled for 03/31/2023 at 04:30pm will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1601044127?pwd=VmJhUi9pZExIZFRYVHRkbFh3Vjg0Zz09 and call in number is (551) 285-1373.Meeting ID: 160 104 4127 Meeting Password: 838199Please 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. (Briskin, Corey) |
| Filing 273 Memorandum in Support re #255 MOTION for Order to Show Cause Application for Pre-Judgement Remedy filed by Jennifer Kowalski. (Attachments: #1 Exhibit Declaration of Vincent Fitzgerald III)(Kowalski, Jennifer) |
| Filing 272 Memorandum in Support re #254 MOTION to Compel Defendant to Comply with the Court's Orders and for Sanctions, with Exhibits and re #271 Memorandum in Opposition to the Motion to Compel filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 271 Memorandum in Opposition and Motion for Protective Order re #254 MOTION to Compel Defendant to Comply with the Court's Orders and for Sanctions, with Exhibits filed by Jennifer Kowalski. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Affidavit Declaration of Attorney Wise, #14 Affidavit Declaration of Vincent Fitzgerald III, #15 Text of Proposed Order Protective Order)(Kowalski, Jennifer) |
| Filing 270 RESPONSE TO #255 MOTION for Order to Show Cause by Prudential Insurance Company of America filed by Prudential Insurance Company of America. (Wolfson, Joseph) |
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Filing 269
ORDER denying #265 Motion for Hearing. The Court DENIES the motion for hearing on separate pre-judgment relief, ECF No. #265 . Consistent with this Court's inherent authority to manage its docket with a "view toward the efficient and expedient resolution of cases," Dietz v. Bouldin, 136 S. Ct. 1885, 1892 (2016), the Court will deny this motion for relief, which raises issues sufficiently similar to, if not identical to, issues now pending before the Honorable Judge Robert M. Spector, see ECF Nos. 254 and 255, Motion to Compel Defendant to Comply with the Court's Orders and for Sanctions with Exhibits and Application for Pre-Judgement Relief; Order to Show Cause; see also ECF Nos. 256 and 257 (referring for adjudication these motions to the Judge Spector). Signed by Judge Victor A. Bolden on 03/07/2023. (Jean-Jacques, Walter)
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Filing 268
ORDER OF TRANSFER. Case reassigned to Judge Victor A. Bolden for all further proceedings. Signed by Judge Robert N. Chatigny on 3/1/2023.(Samson, Jessalyn)
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| Filing 267 REPLY to Response to #265 MOTION for Hearing on Separate Pre-Judgement Relief Hearing reply to Plaintiff's Objection filed by Jennifer Kowalski. (Kowalski, Jennifer) |
| Filing 266 Memorandum in Opposition re #265 MOTION for Hearing on Separate Pre-Judgement Relief Hearing filed by Prudential Insurance Company of America. (Wolfson, Joseph) |
| Filing 265 MOTION for Hearing on Separate Pre-Judgement Relief Hearing by Jennifer Kowalski. (Kowalski, Jennifer) |
| Filing 264 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 03/14/2023 at 10:00am. On-the-record oral argument via Zoom is scheduled for 3/30/2023 at 10:00am before Judge Robert M. Spector. A separate calendar entry will be docketed for the Zoom hearing. (Briskin, Corey) |
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Filing 263
ORDER granting the defendant's Motion for Extension of Time (Doc. No. #260 ): For the reasons stated in the defendant's Motion for Extension of Time (Doc. No. #260 ) and the plaintiff's response (Doc. No. #261 ), the Court GRANTS the plaintiff's request for an extension of the deadlines set in the Court's February 14, 2023 Order (Doc. No. 258 ) such that each party's memorandum in opposition to the other's motion is due on or before March 16, 2023, and any reply by either party is due on or before March 23, 2023. The Court is unlikely to grant any further extensions of these deadlines, barring extraordinary circumstances. Signed by Judge Robert M. Spector on February 23, 2023. (Briskin, Corey)
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Filing 262
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on #260 MOTION for Extension of Time until 30 days to submit Response Memorandum and Replies 258 Order. Signed by Judge Robert N. Chatigny on 2/23/2023.(Samson, Jessalyn)
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| Filing 261 RESPONSE re #260 MOTION for Extension of Time until 30 daysto submit Response Memorandum and Replies 258 Order,, filed by Prudential Insurance Company of America. (Attachments: #1 Exhibit Exhibit 1)(Wolfson, Joseph) |
| NOTICE regarding hearing via Zoom: The oral argument scheduled for 03/30/2023 at 10:00am will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1618634707?pwd=dmVHYi9aaVBJUmxqMUlOeHNnczFPZz09 and call in number is (551) 285-1373.Meeting ID: 161 863 4707 Meeting Password: 184727Please 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. (Briskin, Corey) |
| Filing 260 MOTION for Extension of Time until 30 daysto submit Response Memorandum and Replies 258 Order,, by Jennifer Kowalski. (Attachments: #1 Exhibit, #2 Exhibit)(Kowalski, Jennifer) |
| Filing 259 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. On-the-record oral argument via Zoom is scheduled for 3/14/2023 at 10:00am before Judge Robert M. Spector. A separate calendar entry will be docketed for the Zoom hearing. (Briskin, Corey) |
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Filing 258
ORDER: The plaintiff has filed a Motion to Compel Defendant to Comply with the Court's Orders and for Sanctions (Doc. No. #254 ), and the defendant has filed a Motion for Order to Show Cause (Doc. No. #255 ). Each party's memorandum in response to the other's motion is due on or before February 28, 2023, and any reply by either party is due on or before March 7, 2023. The Court will hold oral argument on both motions on the record via Zoom on March 14, 2023 at 10:00am. Signed by Judge Robert M. Spector on February 14, 2023. (Briskin, Corey)
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Filing 257
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on #255 MOTION for Order to Show Cause. Signed by Judge Robert N. Chatigny on 2/14/2023.(Samson, Jessalyn)
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Filing 256
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on #254 MOTION to Compel Defendant to Comply with the Court's Orders and for Sanctions, with Exhibits. Signed by Judge Robert N. Chatigny on 2/14/2023.(Samson, Jessalyn)
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| Filing 254 MOTION to Compel Defendant to Comply with the Court's Orders and for Sanctions, with Exhibits by Prudential Insurance Company of America.Responses due by 3/7/2023 (Attachments: #1 Memorandum in Support)(Wolfson, Joseph) |
| NOTICE regarding hearing via Zoom: The oral argument scheduled for 03/14/2023 at 10:00am will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1618634707?pwd=dmVHYi9aaVBJUmxqMUlOeHNnczFPZz09 and call in number is (551) 285-1373.Meeting ID: 161 863 4707 Meeting Password: 184727Please 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. (Briskin, Corey) |
| Filing 255 Application for Pre-Judgement Relief; Order to Show Cause by Jennifer Kowalski. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Verification in Support of Application, #6 Text of Proposed Order)(Samson, Jessalyn) Modified on 2/14/2023 to correct filing date. (Samson, Jessalyn). Modified on 2/15/2023 to correct case caption. (Samson, Jessalyn). |
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Filing 253
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Robert N. Chatigny on 1/19/2023.(Samson, Jessalyn)
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Filing 252
ORDER granting #251 Motion for Order. Signed by Judge Robert N. Chatigny on 1/19/2023. (Rickevicius, L.)
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| Filing 251 MOTION for Self-Represented Party to Participate in Electronic Filing by Jennifer Kowalski. (Samson, Jessalyn) |
| Filing 250 Consent to Electronic Notice by Jennifer Kowalski (Samson, Jessalyn) |
| Filing 249 Appearance Self Represented Party by Jennifer Kowalski (Samson, Jessalyn) |
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Filing 248
ORDER granting Motion to Withdraw as Counsel for the Defendant (Doc. No. #241 ): Local Rule 7(e) provides: "Withdrawals of appearances may be accomplished only upon motion, which normally will not be granted except upon a showing that other counsel has appeared or that the party whose counsel seeks to withdraw may and has elected to proceed without counsel, and that the party has received actual notice of the motion to withdraw. In cases where the party has failed to engage other counsel or file a personal appearance, where good cause exists for permitting the withdrawal by the appearing counsel, the Court may grant the motion to withdraw the appearance after notice to the party that failure to either engage successor counsel or file a personal appearance will result in the granting of the motion to withdraw and may result in a dismissal or default being entered against the party." D. Conn. L. Civ. R. 7(e).Generally, the court "has a great deal of discretion in deciding a motion for withdrawal of counsel." Vachula v. General Electric Capital Corp., 199 F.R.D. 453, 457 (D. Conn. 2000). In evaluating a motion for withdrawal of counsel, the court first looks to the Rules of Professional Conduct to determine whether withdrawal is permissive or mandatory in light of the facts presented. Id. Rule 1.16(a) of the Rules of Professional Conduct provides that withdrawal is mandatory where "(1) [t]he representation will result in violation of the Rules of Professional Conduct or other law; (2) [t]he lawyers physical or mental condition materially impairs the lawyers ability to represent the client; or (3) [t]he lawyer is discharged." Conn. R. Prof'l Conduct 1.16(a). Rule 1.16(b) of the Rules of Professional Conduct provides that a lawyer may withdraw where, inter alia, good cause for withdrawal exists. Conn. R. Prof'l Conduct 1.16(b)(7).The Court finds that good cause exists for permissive withdrawal pursuant to Local Rule 7(e) in light of the fact that the defendant has terminated both Attorney Bechtel and Attorney Brosnihan, instructed them not to communicate with the Court or opposing counsel on her behalf, and filed grievances against them, thereby causing their relationship to become adversarial. Furthermore, the Court is satisfied that the notice requirements set forth in Local Rule 7(e) have been met.Attorney Jonathan M. Bechtel and Attorney David Andrew Brosnihan terminated. The defendant is directed to file a pro se appearance or direct successor counsel to file a notice of appearance on or before January 16, 2022. The plaintiff's failure to file a pro se appearance or appear through new counsel could result in the entry of a default judgment against her. The movants are directed to provide a copy of this Order to the defendant. Signed by Judge Robert M. Spector on December 15, 2022. (Briskin, Corey)
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| Filing 247 Minute Entry for proceedings held before Judge Robert M. Spector: Motion Hearing held on 12/15/2022 re #241 Emergency MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski filed by Jennifer Kowalski. 27 minutes (Court Reporter CourtSmart.) (Langello, Nicholas) |
| Filing 246 RESPONSE re #241 Emergency MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski filed by Prudential Insurance Company of America. (Wolfson, Joseph) |
| Filing 245 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. An on-the-record Zoom conference regarding the Emergency Motion to Withdraw as Counsel (Doc. No. #241 ) is scheduled for 12/15/2022 at 10:00am before Judge Robert M. Spector. (Briskin, Corey) |
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Filing 244
ORDER: The Court directs the plaintiff to file its response to the defense attorneys' Emergency Motion to Withdraw as Counsel (Doc. No. #241 ) on or before December 7, 2022. Any reply must be filed on or before December 12, 2022. The Court will hold an on-the-record conference via Zoom on December 15, 2022 at 10:00am. Signed by Judge Robert M. Spector on November 28, 2022. (Briskin, Corey)
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Filing 243
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for ruling on #241 Emergency MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski Signed by Judge Robert N. Chatigny on 11/28/2022.(Sichanh, Christina)
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| Filing 242 TRANSCRIPT of Proceedings: Type of Hearing: MOTION HEARING. Held on 10/14/22 before Judge Robert M. Spector. Court Reporter: eScribers, LLC. 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 12/19/2022. Redacted Transcript Deadline set for 12/29/2022. Release of Transcript Restriction set for 2/26/2023. (Gottlieb, J) Modified text to correct Judge on 11/28/2022 (Langello, Nicholas). |
| Filing 241 Emergency MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski by Jennifer Kowalski. (Bechtel, Jonathan) |
| NOTICE regarding hearing via Zoom: The Motion to Withdraw as Counsel scheduled for 12/15/2022 at 10:00am will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1615595226?pwd=R2NsanhFL1FuVHl4azEzQk5LalhHQT09 and call in number is (551) 285-1373.Meeting ID: 161 559 5226 Meeting Password: 524902Please 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. (Briskin, Corey) |
| Filing 240 Joint STATUS REPORT by Prudential Insurance Company of America. (Wikler, Jeremiah) |
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Filing 239
ORDER denying Motion for Reconsideration (Doc. No. #236 ): The Emergency Letter Motion (Doc. No. #236 ) filed by the defendant's mother purports to be a motion to vacate the Court's Order (Doc. No. #201 ), for a protective order, and for sanctions. Insofar as the motion raises arguments identical to those that have already been raised, however, this Court construes it to be a motion for reconsideration of its Order (Doc. No. 231 ) denying the Letter Motion for Protective Order (Doc. No. #222 ), which the defendant's mother filed on September 29, 2022. "The standard for granting a motion for reconsideration is strict." Roman v. Leibert, No. 3:16-cv-1988 (JCH), 2017 WL 4286302, at *1 (D. Conn. Sept. 27, 2017); accord Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995); see also D. Conn. R. Civ. P. 7(c)(1) ("Motions for reconsideration shall not be routinely filed and shall satisfy the strict standard applicable to such motions."). "The primary function of a motion for reconsideration is to present the court with an opportunity to correct manifest errors of law or fact or to consider newly discovered evidence." Alexander v. Gen. Ins. Co. of Am., No. 3:16-cv-00059 (SRU), 2017 WL 188134, at *2 (D. Conn. Jan. 17, 2017). A motion for reconsideration "is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a second bite at the apple." Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012) (internal quotation marks omitted). Accordingly, "[a] motion for reconsideration should be granted only when the [moving party] identifies an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Trust, 729 F.3d 99, 104 (2d Cir. 2013) (internal quotation marks omitted). As the Court explained during the hearing on October 14, 2022, the Court entered its Order (Doc. No. #201 ) after the plaintiff raised a live discovery dispute in its Motion to Compel Forensic Exam (Doc. No. #189 ), which was addressed at oral argument on at least one occasion in court. Moreover, the Order was issued by agreement of both parties to resolve that discovery dispute. Here, the Motion for Reconsideration (Doc. No. #236 ) does not meet this strict standard because it fails to identify any error of law or fact made by this Court. Accordingly, the Court DENIES the Motion for Reconsideration. Signed by Judge Robert M. Spector on October 26, 2022. (Briskin, Corey)
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Filing 238
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for ruling on #236 EMERGENCY MOTION to Vacate #201 Order on Motion for Miscellaneous Relief Signed by Judge Robert N. Chatigny on 10/26/2022.(Sichanh, Christina)
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Filing 237
ORDER denying with leave to re-file defense counsels' Renewed Joint Motion to Withdraw as Counsel (Doc. No. #219 ) and Supplement to Defense Counsels' Renewed Joint Motion to Withdraw as Counsel (Doc. No. #233 ): After having reviewed the Supplement to Defense Counsels' Renewed Joint Motion to Withdraw as Counsel (Doc. No. #233 ), the Court remains unwilling to permit defense counsel to withdraw before the parties have complied fully with the Court's discovery Order (Doc. No. #201 ). Accordingly, the Court DENIES defense counsel's Renewed Joint Motion to Withdraw as Counsel (Doc. No. #219 ) and Supplement to Defense Counsels' Renewed Joint Motion to Withdraw as Counsel (Doc. No. #233 ) with leave to re-file. As discussed during the discovery conference on October 14, 2022, the Court's Order (Doc. No. #201 ), which was drafted by the parties and adopted by the Court, explicitly contemplates that the defendant will be represented by counsel during the forensic collection and analysis of the third-party computer. (See Doc. No. #201 at 2) ("In the event that EPIQ requires direction or clarification from the Parties about the scope of the work, EPIQ will direct said inquiry to counsel for both Parties who will cooperate, in good faith, to provide EPIQ with all necessary information and/or direction to complete the scope of the work." (emphasis added)). The parties represented during the October 14, 2022 discovery conference that that they have not yet fully complied with the Order, and the plaintiff has accurately pointed out that, if the Court grants the Renewed Joint Motion to Withdraw as Counsel prior to full compliance with the Order, it will effectively render compliance with the Order impossible, as the Order clearly contemplates the active involvement of counsel, and not of self-represented parties. In support of their position, defense counsel relies on Casper v. Lew Lieberbaum & Co., No. 97cv3016(JGK)(RLE), 1999 WL 335334, at 4 (S.D.N.Y. May 26, 1999). The holding in that case does not apply here, however, since it is premised upon an interpretation of Local Rule 1.4 in the Southern District of New York, which requires withdrawal of counsel where counsel has been discharged and agreed to the termination, "except under the most compelling circumstances." Id. The Local Rule in this District concerning withdrawal of counsel has not been interpreted as such. See Loc. R. Civ. P. 7(e). Even if this Court were to adopt that Court's interpretation, however, it finds that the parties' ability to comply with the Order (Doc. No. #201 ) is a compelling circumstance that warrants denial of defense counsels' Motion to Withdraw as Counsel. Once the parties have complied with the Court's Order (Doc. No. #201 ) in its entirety, the Court will permit defendant counsel to withdraw at that time. Alternatively, in the event that the defendant retains new counsel before the parties have fully complied with the Court's Order, the Court will permit defense counsel to withdraw once new counsel has entered a notice of appearance on behalf of the defendant. Counsel for both parties are ordered to file a joint status report on or before November 16, 2022, reporting the status of the forensic examination by EPIQ and whether compliance with the Court's discovery Order (Doc. No. #201 ) is complete. Signed by Judge Robert M. Spector on October 26, 2022. (Briskin, Corey)
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| Filing 236 Emergency MOTION to Vacate #201 Order on Motion for Miscellaneous Relief, Protective Order and Sanctions by Marianne Walsh. (Sichanh, Christina) Modified text on 10/26/2022 (Sichanh, Christina). |
| Filing 235 RESPONSE re #233 Memorandum in Support of Motion, filed by Prudential Insurance Company of America. (Wolfson, Joseph) |
| Filing 234 Supplemental SEALED MOTION By Attorney Bechtel & Attorney Brosnihan Sealed Supplemental Memorandum by Jennifer Kowalski. (Bechtel, Jonathan) |
| Filing 233 Supplemental Memorandum in Support re #219 Joint MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski Regarding Termination By Attorney Jonathan Bechtel and Attorney Brosnihan filed by Jennifer Kowalski. (Bechtel, Jonathan) |
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Filing 232
ORDER Returning Submission as Deficient: Motions and Pro Se Appearance returned to Jennifer Kowalski. Signed by Judge Robert M. Spector on 10/17/2022. (Velez, F.)
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Filing 231
ORDER denying the Motion for Protective Order (Doc. No. #222 ) without prejudice to re-file: For the reasons discussed during today's Zoom conference, the Court DENIES the Motion for Protective Order filed by non-party Marianne Walsh (Doc. No. #222 ) without prejudice to re-file after the parties have complied fully and entirely with the Court's July 11, 2022 Discovery Order (Doc. No. #201 ). Signed by Judge Robert M. Spector on October 14, 2022. (Briskin, Corey)
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Filing 230
ORDER taking under advisement defense counsel's Motion to Withdraw as Attorney (Doc. No. #219 ): For the reasons discussed during today's Zoom conference, the Court takes under advisement defense counsel's Motion to Withdraw as Attorney (Doc. No. #219 ). Should defense counsel wish to supplement their motion further, they may do so by filing a supplemental memorandum on the docket on or before October 21, 2022. Signed by Judge Robert M. Spector on October 14, 2022. (Briskin, Corey)
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Filing 229
MEMORANDUM of Discovery Conference: As discussed during today's Zoom conference, the parties are ORDERED to comply with the Court's July 11, 2022 Discovery Order (Doc. No. #201 ), the contents of which were agreed upon by the parties. Indeed, as the Court stated, and the parties agreed during today's conference, the Court's July 11, 2022 Order was issued in response to a joint request by the parties to resolve an ongoing discovery dispute that was the subject of multiple hearings and filings on the docket. The parties asked the Court to issue the July 11, 2022 Order and represented that the issuance of the Order would resolve the ongoing discovery dispute. The ORDER contemplated immediate compliance. For example, paragraph 2 of the Order instructed the defendant to provide her credentials and other necessary information to the forensic examiner within two business days of the issuance of the Order. The Court orders the defendant to comply with paragraph 2 of the July 11, 2022 Order. In particular, on or before October 17, 2022, the defendant is directed to "provide credentials to access the computer and all other sources, including but not limited to email accounts, where the inadvertently produced data may reside" and must "arrange for and provide EPIQ with any information it reasonably needs to access the sources in her possession, custody, and/or control where the inadvertently produced data resides." (Doc. No. 201 at 4). The July 11, 2022 Order remains in full effect, and the parties are directed to comply with it without delay. Signed by Judge Robert M. Spector on October 14, 2022. (Briskin, Corey)
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| Filing 228 Minute Entry for proceedings held before Judge Robert M. Spector: Motion Hearing held on 10/14/2022 re #222 MOTION for Protective Order filed by Marianne Walsh, #219 Joint MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski Regarding Termination filed by Jennifer Kowalski. Total Time: 1 hour and 36 minutes (Court Reporter CourtSmart.) (Langello, Nicholas) |
| Filing 227 RESPONSE re #222 MOTION for Protective Order, #219 Joint MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski Regarding Termination filed by Prudential Insurance Company of America. (Wolfson, Joseph) |
| Filing 226 MOTION Suspend Dismissal by Prudential Insurance Company of America.Responses due by 11/1/2022 (Wolfson, Joseph) |
| Filing 225 REPLY to Response to #222 MOTION for Protective Order By Attorney Jonathan Bechtel and Attorney David Rich filed by Jennifer Kowalski. (Bechtel, Jonathan) |
| NOTICE regarding hearing via Zoom: The Motion to Withdraw as Counsel scheduled for 10/14/2022 at 10:00am will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1612747675?pwd=cWtPdE40WGRPNzl4bGxCKzMxUk9Vdz09 and call in number is (551) 285-1373.Meeting ID: 161 274 7675 Meeting Password: 846017Please 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. (Briskin, Corey) |
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Filing 224
ORDER: The Court will hold a hearing via Zoom on the Joint Motion to Withdraw as Attorney for the defendant (Doc. No. #219 ) on October 14, 2022 at 10:00am. The Court intends to resolve the Motion to Withdraw before addressing any remaining disputes regarding the forensic examination. Therefore, the Court suspends until further notice the September 30, 2022 deadline for the parties to file either a Joint Proposed Order on Process for Epiq's Forensic Examination or a motion seeking further relief. (See Doc. No. 218 ). The Court intends to address the non-party letter Motion for a Protective Order (Doc. No. #222 ) at the hearing on October 14, 2022. If the non-party movant intends to proceed pro se, then she must be present at the hearing. If, however, the non-party movant will be represented by counsel, then her attorney must enter an appearance on or before October 12, 2022, and be present at the hearing. Any response to the letter Motion for a Protective Order must be filed on or before October 12, 2022. Signed by Judge Robert M. Spector on September 30, 2022. (Briskin, Corey)
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Filing 223
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for ruling on #222 MOTION for Protective Order. Signed by Judge Robert M. Spector on 9/30/22. (Velez, F.)
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| Filing 222 Letter/MOTION for Protective Order, by Marianne Walsh. Responses due by 10/20/2022. (Attachments: #1 Exhibits) (Velez, F.) Modified to terminate pending motion 10/25/2022 (Langello, Nicholas). |
| Filing 221 RESPONSE re #219 Joint MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski Regarding Termination filed by Prudential Insurance Company of America. (Wolfson, Joseph) |
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Filing 220
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for ruling on #219 Joint MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski Regarding Termination. Signed by Judge Robert N. Chatigny on 9/28/22.(Velez, F.)
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| Filing 219 Joint MOTION for Attorney Jonathan Bechtel and Attorney David A. Brosnihan to Withdraw as Attorney For Jennifer Kowalski Regarding Termination by Jennifer Kowalski. (Bechtel, Jonathan) |
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Filing 218
ORDER: Based on the parties' representations in the Joint Status Report (Doc. No. 217), it appears that they have resolved most of their outstanding discovery disputes. To the extent that the parties are able to resolve the remainder of their disputes, the Court directs the parties to file a Joint Proposed Order on Process for Epiq's Forensic Examination on or before September 30, 2022. Should the parties fail to resolve all remaining disputes, however, the parties should seek further relief by filing a motion with the District Court on or before September 30, 2022. Signed by Judge Robert M. Spector on September 21, 2022. (Briskin, Corey)
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| Filing 217 Joint STATUS REPORT by Prudential Insurance Company of America. (Attachments: #1 Exhibit A)(Wikler, Jeremiah) |
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Filing 216
ORDER denying defense counsel's Motion to Withdraw as Attorney (Doc. No. #205 ) without prejudice to re-file: Based on the representations of counsel during an on-the-record Zoom conference, the Court DENIES defense counsel's Motion to Withdraw as Attorney (Doc. No. #205 ) without prejudice to re-file and directs the parties to file on the docket either a Joint Status Report or a joint proposed Order similar to the one attached to the plaintiff's Response to the Motion to Withdraw as Attorney (Doc. No. [211-1]) on or before September 20, 2022. Signed by Judge Robert M. Spector on September 15, 2022. (Briskin, Corey)
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| Filing 215 Minute Entry for proceedings held before Judge Robert M. Spector: Motion Hearing held on 9/15/2022 re #205 Joint MOTION for Attorney Jonathan Bechtel to Withdraw as Attorney For Jennifer Kowalski filed by Jennifer Kowalski, Zoom Conference held on 9/15/2022. 59 minutes (Court Reporter CourtSmart.) (Langello, Nicholas) |
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Filing 214
ORDER finding as moot #164 Motion for Extension of Time #164 MOTION for Extension of Time extend deadlines for discovery and dispositive motions 162 Order on Motion to Continue,,,. Signed by Judge Robert M. Spector on 09/15/2022. (Spector, Robert)
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Filing 213
ORDER finding as moot #114 Motion for Preliminary Injunction. Signed by Judge Robert M. Spector on 09/15/2022. (Spector, Robert)
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Filing 212
ORDER finding as moot #189 Motion to Compel. Signed by Judge Robert M. Spector on 09/15/2022. (Spector, Robert)
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| Filing 211 RESPONSE re #205 Joint MOTION for Attorney Jonathan Bechtel to Withdraw as Attorney For Jennifer Kowalski filed by Prudential Insurance Company of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wolfson, Joseph) |
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Filing 210
ORDER granting #208 Motion to Continue; granting #208 Motion for Hearing. The Court granted this motion by rescheduling the hearing to September 15, 2022, See Doc. No. 209. Signed by Judge Robert M. Spector on 09/09/2022. (Spector, Robert)
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| Filing 209 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 09/13/2022 at 10:00am As requested by the parties in the Joint Motion to Continue Remote Hearing Scheduled for 9/13/2022 (Doc. No. #208 ), the Zoom conference before Judge Robert M. Spector regarding the Motion to Withdraw as Counsel (Doc. No. #205 ) is extended to 9/15/2022 at 03:00pm. The Zoom information remains the same and can be found in the Notice regarding hearing via Zoom, which was docketed on 09/02/2022. (Briskin, Corey) |
| Filing 208 Joint MOTION to Continue Remote Hearing Scheduled for 9/13/2022, MOTION for Hearing re Notice Regarding Hearing Via Zoom,,, by Jennifer Kowalski. (Bechtel, Jonathan) |
| Filing 207 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Zoom conference regarding the Motion to Withdraw as Counsel (Doc. No. #205 ) is scheduled for 9/13/2022 at 10:00am before Judge Robert M. Spector. Any response by the plaintiff is due on or before September 9, 2022.(Briskin, Corey) |
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Filing 206
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on #205 Joint MOTION for Attorney Jonathan Bechtel to Withdraw as Attorney For Jennifer Kowalski. Signed by Judge Robert N. Chatigny on 9/2/2022.Motion referred to Robert M. Spector(Bozek, M.)
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| NOTICE regarding hearing via Zoom: The Motion to Withdraw as Counsel scheduled for 09/13/2022 at 10:00am will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1617884559?pwd=SncrTWFqa0pDWDYxMm9WaEE5dGZjZz09 and call in number is (551) 285-1373.Meeting ID: 161 788 4559 Meeting Password: 654393Please 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. (Briskin, Corey) |
| Filing 205 Joint MOTION for Attorney Jonathan Bechtel to Withdraw as Attorney For Jennifer Kowalski by Jennifer Kowalski. (Bechtel, Jonathan) |
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Filing 204
ORDER granting #203 Consent Motion to Stay. Signed by Judge Robert N. Chatigny on 7/14/2022. (Rickevicius, L.)
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| Filing 203 MOTION to Stay Proceedings by Prudential Insurance Company of America.Responses due by 8/4/2022 (Orleans, Jonathan) |
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Filing 202
ORDER: In light of the Court's Order granting the parties' Joint Motion for Approval of Stipulated Order (Doc. No. #199 ) and denying as moot the plaintiff's Motion to Compel Forensic Exam (Doc. No. #189 ), the hearing on the Motion to Compel scheduled for July 19, 2022 at 03:00pm is canceled. Signed by Judge Robert M. Spector on July 11, 2022. (Briskin, Corey)
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Filing 201
ORDER granting the parties' Joint Motion for Approval of Stipulated Order (Doc. No. #199 ) and denying as moot the plaintiff's Motion to Compel Forensic Exam (Doc. No. #189 ): Based on the parties' representations in the Joint Motion for Approval of Stipulated Order (Doc. No. #199 ), the Court GRANTS the motion and approves the attached Order, which reflects the terms stipulated by the parties. Accordingly, the Court DENIES as moot the plaintiff's Motion to Compel Forensic Exam (Doc. No. #189 ). Signed by Judge Robert M. Spector on July 11, 2022. (Briskin, Corey) (Langello, Nicholas).
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Filing 200
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #199 MOTION Joint Consent for Approval of Stipulated Order. Signed by Judge Robert N. Chatigny on 7/11/22. Motion referred to Robert M. Spector(LaLone, L.)
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| Filing 199 MOTION Joint Consent for Approval of Stipulated Order by Prudential Insurance Company of America.Responses due by 7/27/2022 (Wolfson, Joseph) |
| Filing 198 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM July 12, 2022 at 12:00pm. An in-person on-the-record discovery hearing regarding the pending Motion to Compel Forensic Examination (Doc. No. #189 ) is scheduled for July 19, 2022 at 03:00pm before Judge Robert M. Spector. (Briskin, Corey) Modified text on 7/6/2022 (Langello, Nicholas). |
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Filing 197
ORDER granting the plaintiff's Motion to Modify Scheduling Order (Doc. No. #195 ): Based on the plaintiff's representations in its Motion to Modify Scheduling Order (Doc. No. #195 ), and with the consent of the defendant, the Court GRANTS the parties' request to modify the scheduling order to reflect the proposed deadlines. If the plaintiff wishes to file a reply to the defendant's opposition to the Motion to Compel Forensic Exam (Doc. No. #189 ), then it must do so on or before July 13, 2022. The Court will hold a hearing on the Motion to Compel Forensic Exam on July 19, 2022. Finally, all expert reports must be disclosed on or before July 8, 2022 and all expert depositions must be completed on or before July 22, 2022. Signed by Judge Robert M. Spector on July 5, 2022. (Briskin, Corey)
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Filing 196
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #195 MOTION for Extension of Time - Motion to Modify Scheduling Order 193 Order Signed by Judge Robert N. Chatigny on 7/5/2022. Motion referred to Robert M. Spector (LaLone, L.)
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| Filing 195 MOTION for Extension of Time - Motion to Modify Scheduling Order 193 Order,,,, by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 194 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. An in-person on-the-record discovery hearing regarding the the pending Motion to Compel Forensic Examination (Doc. No. #189 ) is scheduled for 7/12/2022 at 12:00pm before Judge Robert M. Spector. (Briskin, Corey) |
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Filing 193
ORDER: In light of the filing of the defendants Memorandum in Opposition (Doc. No. #192 ), the Court cancels the June 30, 2022 conference call, which had been scheduled simply to discuss the briefing schedule for the pending Motion to Compel Forensic Examination (Doc. No. #189 ). The plaintiff is requested to file any Reply memorandum on or before July 6, 2022. The Court will schedule an in-court oral argument to address the motion for July 12, 2022 at 12:00pm. A separate calendar order will issue. The Court encourages the parties to continue to meet and confer in an attempt to resolve the lingering dispute regarding the anticipated forensic examination, as it appears to the Court that the parties are in substantial agreement as to the need for a forensic examination but disagree as to the procedure to use for such examination. To the extent that the parties are able to resolve the dispute, they should file a Notice on the docket in advance of the scheduled hearing, and the Court will cancel the proceeding. Signed by Judge Robert M. Spector on June 29, 2022. (Briskin, Corey)
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| Filing 192 Memorandum in Opposition re #189 MOTION to Compel Forensic Exam filed by Jennifer Kowalski. (Brosnihan, David) |
| Filing 191 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A telephonic discovery conference is scheduled for 6/30/2022 at 09:30am with Judge Robert M. Spector. Please use the following dial-in for this call: (877) 873-8017; Access Code: 7040261. (Briskin, Corey) |
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Filing 190
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion including #189 MOTION to Compel Forensic Exam. Signed by Judge Robert N. Chatigny on 6/22/2022. Motion referred to Robert M. Spector(LaLone, L.)
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| Filing 189 MOTION to Compel Forensic Exam by Prudential Insurance Company of America.Responses due by 7/12/2022 (Attachments: #1 Memorandum in Support of Plaintiff's Motion to Compel Forensic Exam, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Text of Proposed Order)(Wolfson, Joseph) |
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Filing 188
ORDER granting in part and denying in part the defendant's Motion for Extension of Time until July 1, 2022 to Complete Fact Witness Depositions (Doc. No. #183 ): As discussed during this morning's telephonic discovery conference with the parties, the Court grants the defendant's Motion for Extension of Time (Doc. No. #183 ) to the extent that the deadline for fact witness discovery is extended until June 23, 2022. All fact witness depositions shall be completed on or before that date. The defendant's deposition shall occur on June 23, 2022, which date the parties agreed upon during the conference. All other scheduling deadlines remain unchanged. Signed by Judge Robert M. Spector on June 10, 2022. (Briskin, Corey)
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| Filing 187 Minute Entry for proceedings held before Judge Robert M. Spector: A telephonic discovery conference regarding the defendant's Motion for Extension of Time (Doc. No. #183 ) was held on 6/10/2022. 24 minutes. (Briskin, Corey) |
| Filing 186 RESPONSE re #183 MOTION for Extension of Time until July 1, 2022 Fact Discovery Depositions Opposing Extension filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 185 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A telephonic discovery conference regarding the defendant's Motion for Extension of Time (Doc. No. #183 ) is scheduled for 6/10/2022 at 09:00am with Judge Robert M. Spector. Please use the following dial-in for this call: (877) 873-8017; Access Code: 7040261. (Briskin, Corey) |
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Filing 184
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #183 MOTION for Extension of Time until July 1, 2022 Fact Discovery Depositions. Signed by Judge Robert N. Chatigny on 6/9/2022. Motion referred to Robert M. Spector (LaLone, L.)
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| Filing 183 MOTION for Extension of Time until July 1, 2022 Fact Discovery Depositions by Jennifer Kowalski. (Attachments: #1 Exhibit)(Brosnihan, David) |
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Filing 182
ORDER: The Court construes the plaintiff's Notice (Doc. No. #181 ) as a Joint Motion requesting that the discovery conference scheduled for June 7, 2022 at 12:00pm be cancelled. In light of the parties' representation that they have resolved the discovery dispute which formed the basis for the defendant's Motion for Discovery Dispute Conference (Doc. No. #178 ), the Court grants the parties' request and cancels the discovery conference. Signed by Judge Robert M. Spector on June 6, 2022. (Briskin, Corey)
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| Filing 181 NOTICE by Prudential Insurance Company of America Request of Removal of Discovery Conference (Wolfson, Joseph) |
| Filing 180 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A discovery conference via Zoom to address the defendant's Motion for Conference (Doc. No. #178 ) is scheduled for 6/7/2022 at 12:00pm with Judge Robert M. Spector. (Briskin, Corey) |
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Filing 179
ORDER granting #178 the defendant's Motion for Conference: Based on the representations contained in the defendant's Motion for Conference (Doc. No. #178 ), the Court GRANTS the defendant's request for a conference regarding the discovery dispute that the parties have been unable to resolve on their own. The Court will hold the discovery conference via Zoom on June 7, 2022 at 12:00pm. Signed by Judge Robert M. Spector on May 31, 2022. (Briskin, Corey)
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| Filing 178 MOTION for Discovery Dispute Conference by Jennifer Kowalski. (Attachments: #1 Exhibit)(Brosnihan, David) |
| NOTICE regarding hearing via Zoom: The Discovery Conference scheduled for 06/07/2022 at 12:00pm will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1600873360?pwd=cnJabmVtZGpJdW8xeGF5SGlMaUFwUT09 and call in number is (551) 285-1373.Meeting ID: 160 087 3360 Meeting Password: 961869Please 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. (Briskin, Corey) |
| Filing 177 TRANSCRIPT of Proceedings: Type of Hearing: MOTION TO CONTINUE. Held on 04/08/22 before Judge Robert M. Spector. Court Reporter: eScribers, LLC. 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 6/6/2022. Redacted Transcript Deadline set for 6/16/2022. Release of Transcript Restriction set for 8/14/2022. (Gottlieb, J) |
| Filing 176 NOTICE of Appearance by David Andrew Brosnihan on behalf of Jennifer Kowalski (Brosnihan, David) |
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Filing 175
ORDER: The Court has considered the proposed scheduling orders attached as exhibits to the parties' Joint Status Report filed on May 2, 2022 (Doc. No. #174 ). In the attached Scheduling Order, the Court sets the following deadlines: the plaintiff shall identify the files/data constituting its trade secrets/confidential information by May 15, 2022; the parties shall resolve written discovery issues or file motions relating to such issues by June 1, 2022; the parties shall conduct fact/party depositions (up to three (3) each) by June 15, 2022; the parties shall exchange expert disclosures by July 1, 2022; the parties shall conduct expert depositions by July 15, 2022; and the parties shall submit dispositive motions by August 15, 2022. Signed by Judge Robert M. Spector on May 3, 2022.(Briskin, Corey)
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| Filing 174 Joint STATUS REPORT by Prudential Insurance Company of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Orleans, Jonathan) |
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Filing 173
ORDER denying #169 the defendant's Motion for Reconsideration of 167 the Court's Order on the defendant's #164 Motion for Extension of Time: Based on the representations made by the parties at today's discovery scheduling conference, the Court denies the defendant's Motion for Reconsideration (Doc. No. #169 ) of the Court's Order (Doc. No. 167 ) of the defendant's Motion for Extension of Time (Doc. No. #164 ). As stated by the Court during todays conference call, discovery should proceed with due diligence and under the current schedule. The Court continues to take the defendant's Motion for Extension of Time (Doc. No. #164 ) under advisement and orders the parties to file a Joint Proposed Discovery Scheduling Order on or before 4/30/2022. The parties are directed to meet and confer in an attempt to propose a discovery schedule which satisfies the concerns of both sides.Signed by Judge Robert M. Spector on April 22, 2022. (Briskin, Corey)
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| Filing 172 Minute Entry for proceedings held before Judge Robert M. Spector: An off-the-record telephonic discovery scheduling conference was held on 4/22/2022. 21 minutes. (Briskin, Corey) |
| Filing 171 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 4/29/2022 at 02:00pm. An off-the-record telephonic discovery scheduling conference with counsel for both parties is scheduled for 4/22/2022 at 08:30am with Judge Robert M. Spector. Please use the following dial-in for this call: (877) 873-8017; Access Code: 7040261. (Briskin, Corey) |
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Filing 170
ORDER: The discovery conference via Zoom scheduled for 4/29/2022 at 02:00pm is canceled. Instead, the Court will hold an off-the-record telephonic discovery scheduling conference with counsel for both parties on 4/22/2022 at 08:30am. Signed by Judge Robert M. Spector on April 21, 2022. (Briskin, Corey)
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| Filing 169 MOTION for Reconsideration re 167 Order on Motion for Extension of Time,, by Jennifer Kowalski. (Attachments: #1 Memorandum in Support)(Bechtel, Jonathan) |
| Filing 168 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A discovery conference via Zoom to address the defendant's Motion to Extend Deadlines for Discovery and Dispositive Motions (Doc. No. #164 ) is scheduled for 4/29/2022 at 02:00pm with Judge Robert M. Spector. (Briskin, Corey) |
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Filing 167
ORDER taking under advisement #164 the defendant's Motion to Extend Deadlines for Discovery and Dispositive Motions: The Court takes the defendant's Motion to Extend Deadlines for Discovery and Dispositive Motions (Doc. No. #164 ) under advisement. The Court directs that until the motion is resolved, discovery should proceed without delay according to the current scheduling order (Doc. No. 162 ). The Court will address the motion during a discovery conference via Zoom scheduled for 4/29/2022 at 2:00pm. Signed by Judge Robert M. Spector on April 19, 2022. (Briskin, Corey)
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| NOTICE regarding hearing via Zoom: The discovery conference scheduled for 4/29/2022 at 02:00pm will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1613819764?pwd=L2UzNGlqclhRZWxRM0YxTldFT0RoUT09 and call in number is (551) 285-1373.Meeting ID: 161 381 9764 Meeting Password: 258945Please 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. (Briskin, Corey) |
| Filing 166 OBJECTION re #164 MOTION for Extension of Time extend deadlines for discovery and dispositive motions 162 Order on Motion to Continue,,, filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
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Filing 165
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #164 MOTION for Extension of Time extend deadlines for discovery and dispositive motions 162 Order on Motion to Continue. Signed by Judge Robert N. Chatigny on 4/18/2022. Motion referred to Robert M. Spector (LaLone, L.)
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| Filing 164 MOTION for Extension of Time extend deadlines for discovery and dispositive motions 162 Order on Motion to Continue,,, by Jennifer Kowalski. (Bechtel, Jonathan) |
| Filing 163 NOTICE of Appearance by Jonathan M. Bechtel on behalf of Jennifer Kowalski (Bechtel, Jonathan) |
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Filing 162
ORDER granting #146 the defendant's Motion to Continue: Based on the information provided in the defendant's Motion to Continue (Doc. No. #146 ) and the representations made by the parties during the hearings on February 18, 2022, February 25, 2022, March 14, 2022, and April 8, 2022, the Court extends the discovery deadline to April 30, 2022. The defendant may conduct up to three depositions on or before April 30, 2022. The parties have agreed to submit their initial disclosures on or before April 18, 2022. The deadline for expert disclosures is May 15, 2022. All expert depositions must be completed on or before May 31, 2022. The Court also extends the deadline for dispositive motions from April 30, 2022 to June 15, 2022. Signed by Judge Robert M. Spector on April 8, 2022. (Briskin, Corey)
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| Filing 161 Minute Entry for proceedings held before Judge Robert M. Spector: Discovery Conference via Zoom held on 4/8/2022. 47 minutes(Court Reporter CourtSmart.) (Langello, Nicholas) |
| Filing 160 Sealed Document: Unredacted Exhibit A [Doc. No. #141 -1] by Jennifer Kowalski. (LaLone, L.) |
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Filing 159
ORDER denying without prejudice #2 Motion for Preliminary Injunction. The motion is denied without prejudice to renewal following completion of discovery. Signed by Judge Robert N. Chatigny on 3/31/2022. (Chatigny, Robert)
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Filing 158
ORDER denying #3 Motion. The emergency motion is denied as moot. The litigation is proceeding pursuant to a case management schedule that can be revised for good cause. So ordered. Signed by Judge Robert N. Chatigny on 3/31/2022. (Chatigny, Robert)
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| Filing 157 TRANSCRIPT of Proceedings: Type of Hearing: Motions Hearing. Held on March 14, 2022 before Judge Robert M. Spector. Court Reporter: Martha Marshall (Transcriber). 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 4/21/2022. Redacted Transcript Deadline set for 5/1/2022. Release of Transcript Restriction set for 6/29/2022. (Marshall, Martha) |
| Filing 156 TRANSCRIPT of Proceedings: Type of Hearing: Motions Hearing. Held on February 25, 2022 before Judge Robert M. Spector. Court Reporter: Martha Marshall (Transcriber). 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 4/21/2022. Redacted Transcript Deadline set for 5/1/2022. Release of Transcript Restriction set for 6/29/2022. (Marshall, Martha) |
| Filing 155 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 4/8/2022 at 12:30pm A discovery conference via Zoom is scheduled for 4/8/2022 at 01:00pm with Judge Robert M. Spector. Please refer to the notice regarding hearing via Zoom (Doc. No. 151 ) for access instructions.(Briskin, Corey) |
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Filing 154
ORDER taking under advisement #146 the defendant's Emergency Motion to Continue: The Court will address the defendant's request for a six-month continuance of all discovery deadlines (Doc. No. #146 ) at the discovery conference scheduled for April 8, 2022. Signed by Judge Robert M. Spector on March 30, 2022. (Briskin, Corey)
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Filing 153
ORDER granting #142 the defendant's Motion to Seal Unredacted Version of DE #141-1: The Court grants the defendant's request to seal Exhibit A (Doc. No. [141-1]) and directs that the defendant attach an unredacted copy of Exhibit A to her motion under seal, with a copy provided to plaintiff's counsel. Based upon a review of the redacted version of Exhibit A (Doc. No. [141-1]) that has been filed publicly, the Court finds that there is good cause for sealing because the unredacted version would appear to contain medical information that should not be disclosed on the public docket.Signed by Judge Robert M. Spector on March 30, 2022. (Briskin, Corey)
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Filing 152
ORDER denying #141 the defendant's Emergency Motion for Protective Order: The defendant's motion for a protective order (Doc. No. #141 ) is denied in light of the Court's March 28, 2022 Order (Doc. No. 145 ) advising that the parties should plan to proceed with the defendant's deposition scheduled for March 30, 2022. The defendant will have the opportunity to raise any and all ongoing discovery disputes and objections at the discovery conference scheduled for April 8, 2022.Signed by Judge Robert M. Spector on March 30, 2022. (Briskin, Corey)
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| Filing 151 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A discovery conference via Zoom is scheduled for 4/8/2022 at 12:30pm with Judge Robert M. Spector. (Briskin, Corey) |
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Filing 150
ORDER granting #139 the defendant's Second Motion for Case Management Conference: The Court grants the defendant's request for a case management conference (Doc. No. #139 ) and schedules a discovery conference to address all outstanding discovery issues on April 8, 2022 at 12:30pm via Zoom.Signed by Judge Robert M. Spector on March 30, 2022. (Briskin, Corey)
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Filing 149
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #146 Emergency MOTION to Continue Signed by Judge Robert N. Chatigny on 3/30/2022. Motion referred to Robert M. Spector (LaLone, L.)
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| NOTICE regarding hearing via Zoom: The discovery conference scheduled for 04/08/2022 at 12:30pm will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1605062389?pwd=c2xqYUtqemlUWWVoT1lpYXpPSlhlUT09 and call in number is (551) 285-1373.Meeting ID: 160 506 2389 Meeting Password: 937837Please 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. (Briskin, Corey) |
| Filing 148 RESPONSE re #146 Emergency MOTION to Continue filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
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Filing 147
ORDER denying #137 the defendant's Motion to Stay (Letter Request) up to 60 Days: The Court issued a detailed discovery order on March 15, 2022 which resolved several disputed discovery issues after having conducted multiple court hearings and engaged each side in detailed argument on the discovery schedule. The defendant filed this Motion to Stay immediately following that hearing and indicated that her difficulties in finding new counsel warrant the granting of a stay. The Court (Chatigny, J.) has referred the motion to the undersigned, and it appears to be a request for reconsideration of the March 15, 2022 Order. The defendant, however, raised these same arguments during the March 14, 2022 conference. As a result, and because the defendant does not raise any issues beyond those that the Court has already addressed at prior discovery conferences with the parties, the Court must deny the defendants request to stay the scheduling deadlines for up to 60 days (Doc. No. #137 ). Signed by Judge Robert M. Spector on March 29, 2022. (Briskin, Corey)
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| Filing 146 Emergency MOTION to Continue by Jennifer Kowalski. (Kowalski, Jennifer) |
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Filing 145
ORDER: In light of today's referral of the pending discovery motions (see Doc. No. 144), the Court advises that the parties should plan to go forward with the defendant's deposition scheduled for March 30, 2022. The Court will review and resolve the pending motions in due course, but will not enter an order that directs or otherwise delays this previously-scheduled deposition. Signed by Judge Robert M. Spector on 03/28/2022.(Kim, Jiwon)
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Filing 144
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motions #137 MOTION to Stay (Letter Request) up to 60 Days, #142 MOTION to Seal (Not yet Submitted) Unredacted Version of DE #141-1, #139 Second MOTION for Case Management Conference, #141 Emergency MOTION for Protective Order Signed by Judge Robert N. Chatigny on 3/28/2022. Motions referred to Robert M. Spector (LaLone, L.)
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| Filing 143 RESPONSE to Defendant's Emergency Motion for Protective Order filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 142 MOTION to Seal (Not yet Submitted) Unredacted Version of DE #141-1 by Jennifer Kowalski. (Kowalski, Jennifer) |
| Filing 141 Emergency MOTION for Protective Order by Jennifer Kowalski.Responses due by 4/18/2022 (Attachments: #1 Memorandum in Support Redacted Memo)(Kowalski, Jennifer) |
| Filing 140 RESPONSE re #139 Second MOTION for Case Management Conference filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 139 Second MOTION for Case Management Conference by Jennifer Kowalski. (Kowalski, Jennifer) |
| Filing 138 OBJECTION re #137 MOTION to Stay (Letter Request) up to 60 Days filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 137 MOTION to Stay (Letter Request) up to 60 Days by Jennifer Kowalski.Responses due by 4/6/2022 (Kowalski, Jennifer) |
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Filing 136
ORDER taking under advisement the defendants Motion for a Preliminary Injunction Hearing and Amendment to the Case Management Plan (Doc. No. #114 ); granting in part and denying in part the defendants Motion for a 90-day Extension of Discovery and Dispositive Motion Deadlines (Doc. No. #120 ); granting the plaintiffs Motion for a Discovery Conference (Doc. No. #126 ); and denying the defendants Motion to Stay Discovery and Scheduling Order Deadlines (Doc. No. #128 ): Based on the information provided in the defendant's Motion for a 90-day Extension of Discovery and Dispositive Motion Deadlines (Doc. No. #120 ) and the representations made during the hearings on February 18, 2022, February 25, 2022, and March 14, 2022, the Court extends the discovery deadline for an additional 30-day period to April 15, 2022. On February 17, 2022, the defendant sought a 90-day extension of the discovery deadline to conduct up to five depositions. The defendant then modified that request to seek only a 30-day extension. At the discovery hearing on February 25, 2022, the Court decided, over objection from both sides, to extend the discovery deadline to March 31, 2022, and to permit each side to conduct up to three depositions. The defendant now represents that, since she is representing herself, she requires additional time to complete discovery. The Court modifies its previous discovery order and extends the discovery deadline for an additional 30 days to April 15, 2022. The defendant shall make herself available for a deposition on or before March 31, 2022. The Court also extends the deadline for dispositive motions from April 30, 2022 to May 15, 2022. Signed by Judge Robert M. Spector on March 15, 2022. (Briskin, Corey)
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| Filing 135 Minute Entry for proceedings held before Judge Robert M. Spector: A Zoom discovery hearing addressing (1) the defendant's Emergency Motion for a Preliminary Injunction Hearing and Amendment to the Case Management Plan (Doc. No. #114 ); (2) the defendant's Amended Motion for a 90-day Extension of Discovery and Dispositive Motion Deadlines (Doc. No. #120 ); (3) the plaintiff's Motion for a Discovery Conference (Doc. No. #126 ); and the defendant's Motion to Stay Discovery and Scheduling Order Deadlines (Doc. No. #128 ) was held on 3/14/2022. Total Time: 1 hour and 40 minutes.(Court Reporter: FTR) (Briskin, Corey) |
| Filing 134 Defendant's RESPONSE to #126 Letter MOTION for Discovery Conference filed by Jennifer Kowalski. (Shafer, J.) |
| Filing 133 OBJECTION re #120 MOTION for Extension of Time until 90-day of Discovery and Dispositive Motion Deadlines filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 132 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. In addition to the pending motions listed in Doc. No. 127 , the Court will also address the defendant's Motion to Stay Discovery and Scheduling Order Deadlines (Doc. No. #128 ) at the Zoom discovery hearing scheduled for March 14, 2022 at 2:00pm. (Briskin, Corey) |
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Filing 131
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #128 MOTION to Stay Discovery and Scheduling Order Deadlines. Signed by Judge Robert N. Chatigny on 3/9/2022.Motion referred to Robert M. Spector(LaLone, L.)
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Filing 130
ORDER re #124 Status Report filed by Prudential Insurance Company of America. After review of the parties' joint status report, the Court reminds the parties that a status report is not the appropriate mechanism for seeking modifications to the protective order. Any request should be submitted via cm/ecf in motion format and should comply with the Local Rules. So ordered. Signed by Judge Robert N. Chatigny on 3/9/2022. (Rickevicius, L.)
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| Filing 129 OBJECTION re #128 MOTION to Stay Discovery and Scheduling Order Deadlines filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 128 MOTION to Stay Discovery and Scheduling Order Deadlines by Jennifer Kowalski. Responses due by 3/28/2022 (LaLone, L.) |
| Filing 127 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. The Court CANCELS the previously scheduled March 25, 2022 discovery hearing. Instead, and in response to several more recent filings, the Court schedules a Zoom hearing before Judge Robert M. Spector on March 14, 2022 at 2:00pm to address all pending motions, to wit: (1) the defendants Emergency Motion for a Preliminary Injunction Hearing and Amendment to the Case Management Plan (Doc. No. #114 ); (2) the defendants Amended Motion for a 90-day Extension of Discovery and Dispositive Motion Deadlines (Doc. No. #120 ); and (3) the plaintiffs Motion for a Discovery Conference (Doc. No. #126 ). The Court acknowledges the plaintiffs request that it order the defendants former counsel to appear at this hearing. But the Court, with the plaintiffs express consent, just granted this attorneys motion to withdraw after having held the motion in abeyance so that the parties could work through their ongoing discover dispute. Since the Court granted defense counsels motion to withdraw, several additional discovery disputes have arisen. Though the Court is not willing, at this time, to order the defendants former counsel to appear at this hearing, the plaintiffs counsel can certainly ask the attorney if she is willing to attend the hearing since the parties motions raise some factual issues relating to that attorneys conduct while serving as defense counsel. (Briskin, Corey) |
| Filing 126 MOTION for Discovery Conference (Letter Request) by Prudential Insurance Company of America. (Orleans, Jonathan) |
| NOTICE regarding hearing via Zoom: The Discovery Conference scheduled for 03/14/2022 at 02:00pm will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1618216281?pwd=WlZjdGFKZHFSaWFvcVNvTThiTHdPUT09 and call in number is (551) 285-1373.Meeting ID: 161 821 6281 Meeting Password: 237960Please 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. (Briskin, Corey) |
| Filing 124 Joint STATUS REPORT by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 123 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A discovery hearing via Zoom regarding the defendant's Amended Motion for 90-day Extension of Discovery and Dispositive Motion Deadlines (Doc. No. #120 ) is scheduled for 3/25/2022 at 10:00am before Judge Robert M. Spector. Please refer to the Notice Regarding Hearing via Zoom for access instructions. Responses to the defendant's Amended Motion for 90-day Extension of Discovery and Dispositive Motion Deadlines (Doc. No. #120 ) are due on or before 3/23/2022. (Briskin, Corey) |
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Filing 122
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #120 Amended MOTION for Extension of Time until 90-day of Discovery and Dispositive Motion Deadlines. Signed by Judge Robert N. Chatigny on 3/4/2022.Motion referred to Robert M. Spector (LaLone, L.)
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Filing 121
ORDER denying as moot #118 Motion for Extension of Time until 90-day Discovery and Dispositive Motion in light of ECF No. 20 Amended Motion. Signed by Judge Robert N. Chatigny on 3/3/2022. (Rickevicius, L.)
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| Filing 120 AMENDED MOTION for 90-day Extenstion of Discovery and Dispositive Motion Deadlines by Jennifer Kowalski. (LaLone, L.) |
| Filing 119 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A discovery hearing via Zoom regarding the defendant's Emergency Motion for Preliminary Injunction Hearing and Amendment to Case Management Plan (Doc. No. #114 ) is scheduled for 3/25/2022 at 10:00am before Judge Robert M. Spector. The parties are reminded that responses are due on or before 3/22/2022. (Briskin, Corey) |
| Filing 118 MOTION for 90-day Extension of Discovery and Dispositive Motion Deadlines by Jennifer Kowalski. (LaLone, L.) |
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Filing 117
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Robert N. Chatigny on 3/3/2022.(LaLone, L.)
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| NOTICE regarding hearing via Zoom: The discovery hearing scheduled for 03/25/2022 at 10:00am will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1607165374?pwd=WUFhZHliOWlGaWxreDdldWUwc0h6dz09 and call in number is (551) 285-1373.Meeting ID: 160 716 5374 Meeting Password: 339735Please 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. (Briskin, Corey) |
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Filing 116
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #114 Defendant's Emergency MOTION for Preliminary Injunction Hearing and Amendment to Case Management Plan. Signed by Judge Robert N. Chatigny on 3/2/2022. Motion referred to Robert M. Spector(LaLone, L.)
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Filing 115
ORDER granting #110 Motion for Order. Signed by Judge Robert N. Chatigny on 3/2/2022. (Rickevicius, L.)
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| Filing 114 Defendant's Emergency MOTION for Preliminary Injunction Hearing and Amendment to Case Management Plan by Jennifer Kowalski.Responses due by 3/23/2022 (LaLone, L.) |
| Filing 113 MEMORANDUM of Discovery Conference. As discussed during the hearing on 2/25/2022, the Court set the following discovery schedule: joint status report by 3/4/2022; discovery complete by 3/31/2022; dispositive motions by 4/30/2022. Signed by Judge Robert M. Spector on March 1, 2022.(Briskin, Corey) |
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Filing 112
ORDER granting #80 Motion to Withdraw as Attorney. In light of the fact that the defendant has filed a pro se appearance in this case and in the absence of any objection from the plaintiff, the Court grants defense counsel's motion to withdraw. Attorneys Alexa Talin Millinger and Lisa A. Zaccardelli terminated. Signed by Judge Robert M. Spector on March 1, 2022. (Briskin, Corey)
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| Filing 111 Consent to Electronic Notice by Jennifer Kowalski (LaLone, L.) |
| Filing 110 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Jennifer Kowalski. (LaLone, L.) |
| Filing 109 Appearance Self Represented Party by Jennifer Kowalski (LaLone, L.) |
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Filing 108
ORDER granting in part and denying in part #100 defense counsel's motion seeking a 90-day extension of the discovery deadline for both parties to conduct up to five depositions. The defendant has modified her request in the initial motion and now seeks only a 30-day extension of the discovery deadline. The plaintiff does not object to the extension provided that the Court limits both sides to two depositions during the 30-day period. The defendant continues to request permission to conduct up to five depositions. At the conclusion of todays discovery hearing, the parties agreed to extend the discovery period to March 31, 2022. During this extended discovery period, the Court will permit each side to conduct up to three depositions. The Court will also extend the deadline for dispositive motions from March 28, 2022 to April 30, 2022. The parties shall file a joint status report by March 4, 2022, proposing a way to disclose documents to the defendant that would previously have been designated as Attorneys Eyes Only since the defendant has indicated that she will be representing herself in this case going forward.Signed by Judge Robert M. Spector on February 25, 2022. (Briskin, Corey)
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Filing 107
ORDER taking under advisement #80 Motion to Withdraw as Attorney. The Court will take under advisement defense counsel's Motion to Withdraw (Doc. No. #80 ) and will hold it in abeyance for two (2) weeks until March 11, 2022 for the defendant to either engage other counsel or file a personal appearance. Based on the information provided in the Motion to Withdraw, and the representations during the hearings on February 18, 2022 and February 25, 2022, the Court concludes that good cause exists to permit defense counsel to withdraw and that defense counsel has provided the defendant with the proper notice required under L. R. Civ. P. 7(e). The defendant has advised the Court that she plans to file a pro se appearance to represent herself in this case. The Court issues this notice to remind the defendant again that if she fails to engage other counsel or file a personal appearance, the Court will still grant defense counsels Motion to Withdraw as Attorney (Doc. No. #80 ), and the defendant could be subject to the entry of a default against her. See L. R. Civ. P. 7(e).Signed by Judge Robert M. Spector on February 25, 2022. (Briskin, Corey)
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| Filing 106 Minute Entry for proceedings held before Judge Robert M. Spector: A hearing was held on 2/25/2022 regarding defense counsel's Motion to Withdraw as Attorney (Doc. No. #80 ) and defense counsel's Motion for Permission to Conduct Up to Five Depositions Within 90 Days Beyond the February 23, 2022 Discovery Deadline (Doc. No. #100 ). 50 minutes.(Court Reporter FTR.) (Briskin, Corey) |
| Filing 105 Supplemental NOTICE by Jennifer Kowalski re #100 MOTION Permission to Conduct Up to Five Depositions Within 90 Days Beyond the February 23, 2022 Discovery Deadline (Millinger, Alexa) |
| Filing 104 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Zoom hearing regarding the defendant's Motion for Permission to Conduct Up to Five Depositions Within 90 Days Beyond the February 23, 2022 Discovery Deadline (Doc. No. #100 ) is scheduled for 2/25/2022 at 02:00 PM before Judge Robert M. Spector. (Briskin, Corey) |
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Filing 103
ORDER taking under advisement #80 Motion to Withdraw as Attorney. The Court will take under advisement defense counsel's Motion to Withdraw (Doc. No. #80 ) pending resolution of the defendants Motion for Permission to Conduct up to Five Depositions Within 90 Days Beyond the February 23, 2022 Discovery Deadline. (Doc. No. #100 ). Signed by Judge Robert M. Spector on February 18, 2022.(Briskin, Corey)
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Filing 102
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on motion #100 MOTION Permission to Conduct Up to Five Depositions Within 90 Days Beyond the February 23, 2022 Discovery Deadline. Signed by Judge Robert N. Chatigny on 2/18/2022.Motion referred to Robert M. Spector(LaLone, L.)
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| Filing 101 Minute Entry for proceedings held before Judge Robert M. Spector: A haring on defense counsel's motion to withdraw as counsel was held on 2/18/2022. 30 minutes. (Briskin, Corey) |
| NOTICE regarding hearing via Zoom: A discovery conference scheduled for 02/25/2022 at 02:00 PM will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1611669320?pwd=ei9ZZStEMEs4M0c4dUtsbUR3bDFldz09 and call in number is (551) 285-1373.Meeting ID: 161 166 9320 Meeting Password: 540791Please 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. (Briskin, Corey) |
| Filing 100 MOTION Permission to Conduct Up to Five Depositions Within 90 Days Beyond the February 23, 2022 Discovery Deadline by Jennifer Kowalski.Responses due by 3/10/2022 (Millinger, Alexa) |
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Filing 99
ORDER granting #95 Motion to Continue. This hearing has been moved from February 14, 2022 to February 18, 2022. Signed by Judge Robert M. Spector on 02/12/2022. (Spector, Robert)
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| Filing 98 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 02/14/2022 at 11:00 AM. The hearing on defense counsel's Motion to Withdraw (Doc. No. #80 ) is set for 2/18/2022 at 12:30 PM before Judge Robert M. Spector. Please see the Notice of Hearing Regarding Zoom for the connection information.(Briskin, Corey) |
| Filing 97 Minute Entry for proceedings held before Judge Robert M. Spector: A Scheduling Conference was held on 2/11/2022. 5 minutes. (Briskin, Corey) |
| Filing 96 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A telephonic scheduling conference is scheduled for 2/11/2022 at 04:30 PM with Judge Robert M. Spector. Please use the following dial-in for this call: (877) 873-8017; Access Code: 7040261. (Briskin, Corey) |
| Filing 95 MOTION to Continue Hearing on Motion to Withdraw as Counsel by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 94 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 02/01/2022 at 10:00 AM The hearing on defense counsel's Motion to Withdraw (Doc. No. #80 ) is set for 2/14/2022 at 11:00 AM before Judge Robert M. Spector. Please see the Notice of Hearing Regarding Zoom for the connection information. (Briskin, Corey) |
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Filing 93
ORDER granting #92 Motion to Continue. In light of the parties' continued efforts to settle the case, the Court grants the motion for a continuance of the hearing on defense counsel's motion to withdraw as counsel to February 14, 2022 at 11:00am. Signed by Judge Robert M. Spector on 01/31/2022. (Briskin, Corey)
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| Filing 92 MOTION to Continue Hearing on Motion to Withdraw by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 91 Minute Entry for proceedings held before Judge Robert A. Richardson: Settlement Conference held on 01/27/2022. This case did not settle, but the parties have made significant progress. The Court will reach out to the parties to have ex parte follow up conversations. Total Time: 7 hours and 45 minutes. (Barrett, Caitlin) |
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Filing 90
ORDER granting #89 Consent Motion for Extension of Time to 2/23/2022 to complete discovery. Signed by Judge Robert N. Chatigny on 1/20/2022. (Rickevicius, L.)
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| Set Deadlines: Discovery due by 2/23/2022. (Rickevicius, L.) |
| Filing 89 MOTION for Extension of Time until February 23, 2022 of the Discovery Deadline by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 88 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. The hearing on defense counsel's Motion to Withdraw (Doc. No. #80 ) is set for 2/1/2022 at 10:00 AM before Judge Robert M. Spector. Please see the Notice of Hearing Regarding Zoom for the connection information. (Kim, Jiwon) |
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Filing 87
ORDER granting in part #85 Motion for Extension of Time to Complete Discovery, to File Dispositive Motion and to Respond to Discovery Requests. In order to ensure the settlement conference proceeds as planned on 1/27/2022, Plaintiff will respond to the written discovery requests served by Defendant Jennifer Kowalski on December 17, 2021 by close of business on 1/18/2022. Discovery will be completed by 1/24/2022. Dispositive motions will be due no later than 3/28/2022. Further extensions of these deadlines are not likely to be granted. So ordered. Signed by Judge Robert N. Chatigny on 1/10/2022. (Rickevicius, L.)
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| Filing 86 RESPONSE re #85 MOTION for Extension of Time to Complete Discovery, to File Dispositive Motion and to Respond to Discovery Requests filed by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 85 MOTION for Extension of Time to Complete Discovery, to File Dispositive Motion and to Respond to Discovery Requests by Prudential Insurance Company of America. (Orleans, Jonathan) |
| ENTERED IN ERROR...Set Deadlines as to #80 MOTION for Alexa T. Millinger and Lisa A. Zaccardelli to Withdraw as Attorney. Motion Hearing set for 2/1/2022 at 10:00 AM via Zoom before Judge Robert N. Chatigny. See order 84 (LaLone, L.) Modified on 1/10/2022 - this hearing is before Judge Spector (LaLone, L.). |
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Filing 84
ORDER taking under advisement 83 Motion to Withdraw as Attorney. On December 2, 2021, the Court (Chatigny, J.) referred this case to settlement with Magistrate Judge Robert A. Richardson (Doc. No. 74 ), which was scheduled for January 27, 2022 (Doc. No. #75 ). On December 21, 2021, Attorneys Alexa T. Millinger and Lisa A. Zaccardelli for the defendant filed their second Motion to Withdraw as Attorney (Doc. No. #80 ), the first of which was filed on July 16, 2021 (Doc. No. #47 ) and withdrawn on July 21, 2021 (Doc. No. #48 ). In the latest Motion to Withdraw as Attorney, defense counsel cites a "fundamental disagreement between counsel and [the defendant] as to how this matter should be litigated." (Doc. No 83 at 1). Per defense counsel's statements, Attorneys Millinger and Zaccardelli have given notice to the defendant of their intent to withdraw and have offered to work with her to the extent necessary to transition to new counsel or self-representation, have filed a responsive pleading and opposition (Doc. No. #77 ) to the plaintiff's Motion for Temporary Injunction (Doc. No. #2 ), and have served discovery requests on the plaintiff with no outstanding discovery requests from the plaintiff to the defendant.In its Response to defense counsel's Motion to Withdraw (Doc. No. #82 ), the plaintiff stated its concern over the potential impact of defense counsel's withdrawal on settlement discussions prior to the settlement conference scheduled for January 27, 2022. Moreover, the plaintiff suggested in that response that the Court consider holding the Motion to Withdraw in abeyance until after the scheduled settlement conference. The Court finds the plaintiff's argument compelling, and therefore will take under advisement defense counsel's Motion to Withdraw (Doc. No. #80 ) until after the settlement conference before Magistrate Judge Robert A. Richardson at 10:30AM on January 27, 2022. A Zoom hearing will be held on February 1, 2022 at 10:00AM regarding defense counsel's Motion to Withdraw. To the extent that defense counsel no longer wishes to move forward with this motion after the conclusion of the settlement conference, defense counsel is directed to update Chambers by or on January 28, 2022. Signed by Judge Robert M. Spector on 12/29/2021.(Kim, Jiwon)
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| NOTICE regarding hearing via Zoom: The hearing on defense counsel's Motion to Withdraw (Doc. No. #80 ) scheduled for 10:00AM at 02/01/2022 will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1610940560?pwd=Rmp6YmhKYlQ4ZmxIdHBiQkhjN0FoQT09 and call in number is +1 646 828 7666.Meeting ID: 161 094 0560 Meeting Password: 447812Please 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. Any member of the public can joint this Zoom using the Zoom link or the Zoom Meeting ID and Passcode. (Kim, Jiwon) |
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Filing 83
ORDER REFERRING CASE to Magistrate Judge Robert M. Spector for a ruling on #80 MOTION for Alexa T. Millinger and Lisa A. Zaccardelli to Withdraw as Attorney. Signed by Judge Robert N. Chatigny on 12/27/2021.Motion referred to Robert M. Spector(Bozek, M.)
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| Filing 82 RESPONSE re #80 MOTION for Alexa T. Millinger and Lisa A. Zaccardelli to Withdraw as Attorney filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 81 REPLY to Response to #2 MOTION for Preliminary Injunction filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 80 MOTION for Alexa T. Millinger and Lisa A. Zaccardelli to Withdraw as Attorney by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 79 TRANSCRIPT of Proceedings: Hearing on Motions held on 04.26.21 before Judge Robert N. Chatigny. Court Reporter: Darlene Warner. 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 12/31/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (Warner, Darlene) |
| Filing 78 TRANSCRIPT of Proceedings: Hearing on Motions held on 04.21.21 before Judge Robert N. Chatigny. Court Reporter: Darlene Warner. 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 12/31/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (Warner, Darlene) |
| Filing 77 Memorandum in Opposition re #2 MOTION for Preliminary Injunction filed by Jennifer Kowalski. (Attachments: #1 Affidavit in Support of Opposition to Motion for Temporary Injunction, #2 Exhibit A to Affidavit of Jennifer Kowalski, #3 Exhibit B to Affidavit of Jennifer Kowalski, #4 Exhibit C to Affidavit of Jennifer Kowalski)(Millinger, Alexa) |
| Filing 76 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. A video settlement conference is set for 01/27/2022 at 10:30 AM before Judge Robert A. Richardson. (Barrett, Caitlin) |
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Filing 75
ORDER A video settlement conference is scheduled for January 27, 2022 at 10:30 AM. The parties have been provided the Zoom link via email. Please see attached order for important instructions. Signed by Judge Robert A. Richardson on 12/06/2022. (Barrett, Caitlin)
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Filing 74
ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson to conduct a settlement conference. Signed by Judge Robert N. Chatigny on 12/2/2021.(Bozek, M.)
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| Filing 73 NOTICE. Counsel for the parties shall confer and contact the chambers of Judge S. Dave Vatti at 203-579-5593 within three business days, and propose dates/times for which all counsel are available for a telephonic pre-settlement conference during the week of December 6, 2021. (Ellis, Bernadette) |
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Filing 72
ORDER REFERRING CASE to Magistrate Judge S. Dave Vatti to conduct a settlement conference. Signed by Judge Robert N. Chatigny on 11/22/2021.(Bozek, M.)
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Filing 71
ORDER granting #70 Consent Motion for Extension of Time until February 18, 2022 to file Dispositive Motions. Signed by Judge Robert N. Chatigny on 11/18/2021. (Rickevicius, L.)
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| Filing 70 Consent MOTION for Extension of Time until February 18, 2022 of Dispositive Motion Deadline by Jennifer Kowalski. (Millinger, Alexa) |
| Set Deadlines: Dispositive Motions due by 2/18/2022. (Rickevicius, L.) |
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Filing 69
ORDER granting #66 Motion for Extension of Time to 12/9/2021 within which to respond to Plaintiff, The Prudential Company of America's motion for preliminary injunctive relief dated April 19, 2021. Further, the Discovery deadline is extended to 1/17/2022. So ordered. Signed by Judge Robert N. Chatigny on 11/9/2021. (Rickevicius, L.)
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| Set Deadlines: Discovery due by 1/17/2022. (Rickevicius, L.) |
| Filing 68 RESPONSE to Motion for Extension of Time filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 67 ANSWER to #1 Complaint, with Affirmative Defenses by Jennifer Kowalski.(Millinger, Alexa) |
| Filing 66 MOTION for Extension of Time until December 9, 2021 to File Opposition #2 MOTION for Preliminary Injunction by Jennifer Kowalski. (Millinger, Alexa) |
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Filing 65
ORDER granting #64 Consent Motion for Extension of Time to 12/17/2021 to complete discovery. Signed by Judge Robert N. Chatigny on 10/25/2021. (Rickevicius, L.)
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| Filing 64 MOTION for Extension of Time until December 17, 2021 of the Parties' Discovery Deadline by Jennifer Kowalski. (Millinger, Alexa) |
| Set Deadlines: Discovery due by 12/17/2021. (Rickevicius, L.) |
| Answer deadline updated for Jennifer Kowalski to 11/8/2021. (Wood, R.) |
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Filing 63
ORDER granting #62 Consent Motion for Extension of Time to 11/8/2021 within which to respond to Plaintiff's complaint dated April 19, 2021 and to respond to Plaintiff's motion for preliminary injunctive relief. Signed by Judge Robert N. Chatigny on 9/23/2021. (Rickevicius, L.)
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| Filing 62 Consent MOTION for Extension of Time until November 8, 2021 To Respond to Complaint and Motion for Preliminary Injunctive Relief by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 61 CERTIFICATE OF GOOD STANDING re #35 MOTION for Attorney(s) Patrick L. Oot to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6542617) by Prudential Insurance Company of America. (Oot, Patrick) |
| Filing 60 CERTIFICATE OF GOOD STANDING re #36 MOTION for Attorney(s) Jeremiah S. Wikler to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6542638) by Prudential Insurance Company of America. (Wikler, Jeremiah) |
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Filing 59
ORDER granting #58 Consent Motion for Extension of Time to 10/8/2021 within which to respond to Plaintiff's complaint dated April 19, 2021 and to respond to Plaintiff's motion for preliminary injunctive relief. Signed by Judge Robert N. Chatigny on 9/3/2021. (Rickevicius, L.)
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| Filing 58 MOTION for Extension of Time until October 8, 2021 To File Response to Complaint and Motion for Preliminary Injunction by Jennifer Kowalski. (Millinger, Alexa) |
| Answer deadline updated for Jennifer Kowalski to 10/8/2021. (Rickevicius, L.) |
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Filing 57
ORDER denying #26 Motion for Order. Defendant's motion seeks an order (1) requiring plaintiff to strictly comply with the discovery order or be subject to sanctions, and (2) reimbursing her for attorney's fees incurred in connection with the discovery process that has taken place pursuant to the order. As clarified by defendant's reply to plaintiff's oppposition, defendant's primary concern is that plaintiff and its consultant, Epiq, have behaved in a manner that has caused defendant's counsel to spend more time engaged in the discovery process than she and her counsel anticipated and more time than her counsel considers reasonably necessary. Based on my review of the record, this concern is not entirely unfounded. However, the record does not support a finding that plaintiff has failed to comply with the discovery order and, in the absence of such a finding, there is no basis for an order compelling compliance or an award of expenses. Accordingly, the motion is hereby denied. So ordered. Signed by Judge Robert N. Chatigny on 8/25/21. (Chatigny, Robert)
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Filing 56
ORDER granting #53 Motion for Extension of Time to 9/8/2021 for Defendant to file an Answer or Responsive Pleading. Signed by Judge Robert N. Chatigny on 8/17/2021. (Rickevicius, L.)
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| Answer deadline updated for Jennifer Kowalski to 9/8/2021. (Rickevicius, L.) |
| Filing 55 REPLY to Response to #53 Fourth MOTION for Extension of Time until September 8, 2021 Extension for Defendant to file an Answer or Responsive Pleading filed by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 54 RESPONSE re #53 Fourth MOTION for Extension of Time until September 8, 2021 Extension for Defendant to file an Answer or Responsive Pleading filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 53 Fourth MOTION for Extension of Time until September 8, 2021 Extension for Defendant to file an Answer or Responsive Pleading by Jennifer Kowalski. (Millinger, Alexa) |
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Filing 52
ORDER re #51 Stipulation filed by Prudential Insurance Company of America. Signed by Judge Robert N. Chatigny on 8/2/2021.(Bozek, M.)
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| Filing 51 STIPULATION - Joint Motion for Approval of Stipulated Order by Prudential Insurance Company of America. (Goldman, Irve) |
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Filing 50
ORDER denying as moot #47 Motion to Withdraw as Attorney in light of ECF No. 49. Signed by Judge Robert N. Chatigny on 7/21/2021. (Rickevicius, L.)
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Filing 49
ORDER granting #48 Motion to Withdraw. Signed by Judge Robert N. Chatigny on 7/21/2021. (Rickevicius, L.)
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| Filing 48 MOTION to Withdraw #47 MOTION for Alexa T. Millinger and Lisa A. Zaccardelli to Withdraw as Attorney by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 47 WITHDRAWN - MOTION for Alexa T. Millinger and Lisa A. Zaccardelli to Withdraw as Attorney by Jennifer Kowalski. (Millinger, Alexa) Modified on 7/22/2021 to mark as withdrawn. See 49 Order (Bozek, M.). |
| Filing 46 NOTICE of Appearance by Jeremiah Wikler on behalf of Prudential Insurance Company of America (Wikler, Jeremiah) |
| Filing 45 NOTICE of Appearance by Patrick Oot on behalf of Prudential Insurance Company of America (Oot, Patrick) |
| Filing 44 Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction. Responses due by 8/9/2021. (Rickevicius, L.) |
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Filing 43
ORDER granting #42 Consent Motion for Extension of Time to 8/9/2021 to respond to #1 Complaint and #2 Motion for preliminary Injunction. Signed by Judge Robert N. Chatigny on 7/12/2021. (Rickevicius, L.)
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| Answer deadline updated for Jennifer Kowalski to 8/9/2021. (Rickevicius, L.) |
| Filing 42 MOTION for Extension of Time until August 9, 2021to Respond to Complaint and Motion for Temporary Injunction #2 MOTION for Preliminary Injunction , #1 Complaint, by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 41 STIPULATION re 32 Order on Motion for Extension of Time, to Respond to Complaint and Motion for Temporary Injunction up to and including August 9, 2021 by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 40 REPLY to Response to #26 MOTION for Compliance with Discovery Order Order filed by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 39 Memorandum in Opposition PLAINTIFF PRUDENTIAL INSURANCE COMPANY'S OPPOSITION TO DEFENDANT JENNIFER KOWALSKI'S MOTION FOR COMPLIANCE WITH DISCOVERY ORDER AND SANCTIONS re #26 MOTION for Compliance with Discovery Order Order filed by Prudential Insurance Company of America. (Attachments: #1 Affidavit AFFIDAVIT OF MEGAN M. CHRISTENSEN WTITH EXHIBITS A & B, #2 Text of Proposed Order PROPOSED ORDER)(Wolfson, Joseph) |
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Filing 38
ORDER granting #36 Motion to Appear for Attorney Jeremiah S. Wikler to be Admitted Pro Hac Vice. Certificate of Good Standing due by 8/13/2021. Signed by Clerk on 6/14/2021. (Agati, Kathryn)
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Filing 37
ORDER granting #35 Motion to Appear for Attorney Patrick L. Oot to be Admitted Pro Hac Vice. Certificate of Good Standing due by 8/13/2021. Signed by Clerk on 6/14/2021. (Agati, Kathryn)
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| Filing 36 MOTION for Attorney(s) Jeremiah S. Wikler to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6542638) by Prudential Insurance Company of America. (Attachments: #1 Exhibit Wikler Declaration)(Orleans, Jonathan) |
| Filing 35 MOTION for Attorney(s) Patrick L. Oot to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6542617) by Prudential Insurance Company of America. (Attachments: #1 Exhibit Oot Declaration)(Orleans, Jonathan) |
| Filing 34 Set Deadlines as to #2 MOTION for Preliminary Injunction. Responses due by 7/9/2021. (Rickevicius, L.) |
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Filing 33
Approved. So ORDERED re #31 Stipulation, filed by Jennifer Kowalski. Signed by Judge Robert N. Chatigny on 6/3/2021. (Rickevicius, L.)
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Filing 32
ORDER granting #28 Motion for Extension of Time. In accordance with #31 Stipulation, the motion is granted to 7/9/2021 to File a Responsive Pleading and to Respond to Application for Temporary Injunction #2 MOTION for Preliminary Injunction, #1 Complaint. Signed by Judge Robert N. Chatigny on 6/3/2021. (Rickevicius, L.)
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| Answer deadline updated for Jennifer Kowalski to 7/9/2021. (Rickevicius, L.) |
| Filing 31 STIPULATION re #28 MOTION for Extension of Time until July 9, 2021To File Responsive Pleading and to Respond to Application for Temporary Injunction #2 MOTION for Preliminary Injunction , #1 Complaint, by Jennifer Kowalski. (Millinger, Alexa) |
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Filing 30
ORDER granting #29 Motion to Strike. Signed by Judge Robert N. Chatigny on 6/2/2021. (Rickevicius, L.)
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| Filing 29 MOTION to Strike Incorrect Exhibit D (Doc. 26-5) from Docket by Jennifer Kowalski.Responses due by 6/18/2021 (Millinger, Alexa) |
| Filing 28 MOTION for Extension of Time until July 9, 2021To File Responsive Pleading and to Respond to Application for Temporary Injunction #2 MOTION for Preliminary Injunction , #1 Complaint, by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 27 Amended EXHIBIT D by Jennifer Kowalski re #26 MOTION for Compliance with Discovery Order Order. (Millinger, Alexa) |
| Filing 26 MOTION for Compliance with Discovery Order Order by Jennifer Kowalski. (Attachments: #1 Affidavit in Support of Motion for Order, #2 Exhibit A to Affidavit of Alexa Millinger, #3 Exhibit B to Affidavit of Alexa Millinger, #4 Exhibit C to Affidavit of Alexa Millinger, #5 STRICKEN - Exhibit D to Affidavit of Alexa Millinger)(Millinger, Alexa) Modified on 6/8/2021 to mark exhibit D as stricken. See 30 Order (Bozek, M.). |
| Filing 25 Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction . Responses due by 6/9/2021. (Rickevicius, L.) |
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Filing 24
ORDER granting over objection #22 Motion for Extension of Time to 6/9/2021 to respond to plaintiff's complaint and motion for Preliminary Injunction. Further extensions of this deadline are unlikely to be granted. So ordered. Signed by Judge Robert N. Chatigny on 5/7/2021. (Rickevicius, L.)
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| Answer deadline updated for Jennifer Kowalski to 6/9/2021. (Rickevicius, L.) |
| Filing 23 REPLY to Response to #22 MOTION for Extension of Time until June 9, 2021 Extension for Defendant to file an Answer or Responsive Pleading #1 Complaint, filed by Prudential Insurance Company of America. (Orleans, Jonathan) |
| Filing 22 MOTION for Extension of Time until June 9, 2021 Extension for Defendant to file an Answer or Responsive Pleading #1 Complaint, by Jennifer Kowalski. (Millinger, Alexa) |
| Filing 21 NOTICE of Appearance by Joseph Wolfson on behalf of Prudential Insurance Company of America (Wolfson, Joseph) |
| Filing 20 CERTIFICATE OF GOOD STANDING re #16 MOTION for Attorney(s) Joseph E. Wolfson to be Admitted Pro Hac Vice by Prudential Insurance Company of America. (Orleans, Jonathan) |
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Filing 18
ORDER denying as moot #14 Motion to Appear Pro hac vice in light of ECF No. 17. Signed by Judge Robert N. Chatigny on 4/30/2021. (Rickevicius, L.)
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Filing 17
ORDER granting #16 Motion to Appear Pro hac vice Certificate of Good Standing due by 6/29/2021. Signed by Judge Robert N. Chatigny on 4/30/2021. (Rickevicius, L.)
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| Filing 16 MOTION for Attorney(s) Joseph E. Wolfson to be Admitted Pro Hac Vice by Prudential Insurance Company of America. (Attachments: #1 Declaration of Joseph E. Wolfson)(Orleans, Jonathan) |
| Filing 15 STIPULATION re #3 Emergency MOTION Expedited Discovery re #2 MOTION for Preliminary Injunction by Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Orleans, Jonathan) |
| Filing 19 Minute Entry for proceedings held before Judge Robert N. Chatigny: Follow-up Telephone Motion Hearing held on 4/26/2021 re #2 MOTION for Preliminary Injunction filed by Prudential Insurance Company of America, and #3 Emergency MOTION Expedited Discovery re #2 MOTION for Preliminary Injunction filed by Prudential Insurance Company of America. 15 minutes (Court Reporter Darlene Warner.) (Bozek, M.) |
| Filing 14 MOTION for Attorney(s) Joseph E. Wolfson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6483396) by Prudential Insurance Company of America. (Attachments: #1 Exhibit Certification of Joseph E. Wolfson)(Orleans, Jonathan) |
| Filing 13 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Follow-up Telephone Conference set for 4/26/2021 at 2:00 PM before Judge Robert N. Chatigny. Counsel should dial in using 866-434-5269, Access Code 8189198#. (Rickevicius, L.) |
| Filing 12 Minute Entry for proceedings held before Judge Robert N. Chatigny: Telephonic Motion Hearing held on 4/21/2021 re #2 MOTION for Preliminary Injunction filed by Prudential Insurance Company of America, #3 Emergency MOTION Expedited Discovery re #2 MOTION for Preliminary Injunction filed by Prudential Insurance Company of America. 16 minutes (Court Reporter Darlene Warner.) (Bozek, M.) |
| Filing 11 NOTICE of Appearance by Lisa A. Zaccardelli on behalf of Jennifer Kowalski (Zaccardelli, Lisa) |
| Filing 10 NOTICE of Appearance by Alexa Talin Millinger on behalf of Jennifer Kowalski (Millinger, Alexa) |
| Filing 9 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Conference Re: #2 Motion for Preliminary Injunction and #3 Emergency Motion for Expedited Discovery set for 4/21/2021 at 2:30 PM before Judge Robert N. Chatigny. All parties should use the following dial in information for the call. Dial in 866-434-5269, Access Code 8189198#. (Rickevicius, L.) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Jennifer Kowalski* with answer to complaint due within *21* days. Attorney *Jonathan B. Orleans* *Pullman & Comley - Bpt* *850 Main St., PO Box 7006* *Bridgeport, CT 06601-7006*. (Agati, Kathryn) |
| Filing 7 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 #2 MOTION for Preliminary Injunction filed by Prudential Insurance Company of America, #6 Standing Protective Order, #4 Order on Pretrial Deadlines, #5 Electronic Filing Order, #1 Complaint, filed by Prudential Insurance Company of America, #3 Emergency MOTION Expedited Discovery re #2 MOTION for Preliminary Injunction filed by Prudential Insurance Company of America. Signed by Clerk on 4/20/2021. (Agati, Kathryn) |
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Filing 6
STANDING PROTECTIVE ORDER. Signed by Judge Robert N. Chatigny on 4/19/2021. (Agati, Kathryn)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Robert N. Chatigny on 4/19/2021. (Agati, Kathryn)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 6/18/2021, Discovery due by 10/19/2021, Dispositive Motions due by 11/23/2021. Signed by Clerk on 4/19/2021. (Agati, Kathryn)
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| Judge Robert N. Chatigny added. (Nuzzi, Tiffany) |
| Filing 3 Emergency MOTION Expedited Discovery re #2 MOTION for Preliminary Injunction by The Prudential Insurance Company of America.Responses due by 5/10/2021 (Attachments: #1 Memorandum in Support Emergency Motion for Expedited Discovery, #2 Exhibit A, #3 Proposed Order for Expedited Discovery)(Orleans, Jonathan) |
| Filing 2 MOTION for Preliminary Injunction by The Prudential Insurance Company of America.Responses due by 5/10/2021 (Attachments: #1 Memorandum in Support of Application for Preliminary Injunction, #2 Proposed Order for Preliminary Injunction, #3 Proposed Order to Show Cause)(Orleans, Jonathan) |
| Filing 1 COMPLAINT (VERIFIED COMPLAINT) against Jennifer Kowalski ( Filing fee $402 receipt number ACTDC-6476227.), filed by The Prudential Insurance Company of America. (Attachments: #1 Verification of Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Orleans, Jonathan) |
| Request for Clerk to issue summons as to Jennifer Kowalski. (Orleans, Jonathan) |
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