Lincoln National Life Insurance Company v. Musket et al
| Lincoln National Life Insurance Company |
| PORNTHIP DONKLANG, BENJAMIN MUSKET, PI. D. and PH. D. |
| PORNTHIP DONKLANG, BENJAMIN MUSKET, PI. D. and PH. D. |
| PORNTHIP DONKLANG, PI. D. and PH. D. |
| 3:2024cv01189 |
| July 11, 2024 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Sarala V Nagala |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Filing 44 NOTICE by PI. D. No Objection to Motion for Deposit of Funds and Dismissal (Calistro, Roger) |
| Filing 43 NOTICE by PH. D.(a minor) No Objection to Motion for Deposit of Funds and Dismissal (Calistro, Roger) |
| Filing 42 NOTICE by Pornthip Donklang(individually) No Objection to Motion for Deposit of Funds and Dismissal (Calistro, Roger) |
| Filing 41 RESPONSE re #30 MOTION to Deposit Funds and be Dismissed filed by Benjamin Musket. (Weiss, David) |
| Filing 40 ANSWER to #35 Answer to Crossclaim,,, & Reply to Special Defenses by Benjamin Musket.(Weiss, David) |
| Filing 39 First NOTICE by PI. D. Waiver of the Service of Summons (Calistro, Roger) |
| Filing 38 First NOTICE by PH. D.(a minor) Waiver of the Service of Summons (Calistro, Roger) |
| Filing 37 First NOTICE by Pornthip Donklang(individually) Waiver of the Service of Summons (Calistro, Roger) |
Filing 36
ORDER. Defendant/Cross-Defendant Benjamin Musket shall answer or otherwise respond to Defendants/Cross-Plaintiffs Pornthip Donklang, PH. D., and PI. D.'s cross-claim by September 20, 2024. Signed by Judge Sarala V. Nagala on 9/3/2024. (Vo, C)
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| Filing 35 D. Pornthip, PH.D and PI.D ANSWER to #26 Answer to Complaint,, Crossclaim, , CROSSCLAIM OF BENJAMIN MUSKET against Pornthip Donklang, PH. D., PI. D. by Pornthip Donklang, PH. D., PI. D.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Calistro, Roger) |
| Set Deadlines as to #30 MOTION to Deposit Funds and be Dismissed. Responses due by 9/11/2024 (Bergeson, S) |
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Filing 34
ORDER. Defendant/Cross-Plaintiff Benjamin Musket and Defendants/Cross-Defendants Pornthip Donklang, PH. D., and PI. D. shall respond to Plaintiff's #30 Motion to Deposit Funds and to be Dismissed by September 11, 2024. Signed by Judge Sarala V. Nagala on 8/26/2024. (Vo, C)
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Filing 33
ORDER granting #29 Motion to Continue Rule 26 Meeting Report Deadline. For good cause shown, the Court will temporarily suspend the parties' Rule 26(f) report deadline pending the Court's ruling on Plaintiff's motion to interplead and for dismissal with prejudice. Signed by Judge Sarala V. Nagala on 8/22/2024. (Vo, C)
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| Filing 32 PROPOSED ORDER re #29 MOTION to Continue Rule 26 Meeting Report Deadline Conference by Lincoln National Life Insurance Company. (Johnson, Benjamin) |
| Filing 31 PROPOSED ORDER re #30 MOTION to Deposit Funds and be Dismissed by Lincoln National Life Insurance Company. (Johnson, Benjamin) |
| Filing 30 MOTION to Deposit Funds and be Dismissed by Lincoln National Life Insurance Company. (Johnson, Benjamin) |
| Filing 29 MOTION to Continue Rule 26 Meeting Report Deadline Conference by Lincoln National Life Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Johnson, Benjamin) |
| Filing 28 NOTICE of Appearance by Benjamin Allred Johnson on behalf of Lincoln National Life Insurance Company (Johnson, Benjamin) |
| Deadline set to answer or otherwise respond to Defendant/Cross-Plaintiff Benjamin Musket's cross-claim for PH. D. to 9/3/2024; PI. D. to 9/3/2024; Pornthip Donklang to 9/3/2024. (Bergeson, S) |
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Filing 27
ORDER. Defendants/Cross-Defendants Pornthip Donklang, PH. D., and PI. D. shall answer or otherwise respond to Defendant/Cross-Plaintiff Benjamin Musket's cross-claim by September 3, 2024. Signed by Judge Sarala V. Nagala on 8/14/2024. (Vo, C)
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| Filing 26 ANSWER to #1 Complaint, with Affirmative Defenses and Special Defenses , CROSSCLAIM against PH. D., PI. D., Pornthip Donklang by Benjamin Musket. (Attachments: #1 Exhibit A-Policy-Part 1 of 2, #2 Exhibit A-Policy-Part 2 of 2, #3 Exhibit B-Certificate of Death, #4 Exhibit C-Benefits Statement, #5 Exhibit D-6/12/24 Letter, #6 Exhibit E-Beneficiary Statement/Claim)(Weiss, David) |
| Filing 25 Preliminary Statement of Claim for Funds, by ROGER B.CALISTRO on behalf of PH. D., PI. D., Pornthip Donklang. (Mendez, D) |
| Filing 24 ANSWER to #1 Complaint, by ROGER B.CALISTRO on behalf of PH. D., PI. D., Pornthip Donklang. (Mendez, D) |
| Filing 23 NOTICE of Appearance by Charles Bailey King, Jr on behalf of Lincoln National Life Insurance Company (King, Charles) |
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Filing 22
ORDER granting #20 Motion for Attorney Benjamin A. Johnson to Appear Pro Hac Vice. Signed by Clerk on 8/1/24. (Velez, F)
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Filing 21
ORDER granting #19 Motion for Attorney C. Bailey King to Appear Pro Hac Vice. Signed by Clerk on 8/1/24. (Velez, F)
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| Filing 20 MOTION for Attorney(s) Benjamin A. Johnson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7849212) by Lincoln National Life Insurance Company. (Attachments: #1 Exhibit A)(Green, Lauren) |
| Filing 19 MOTION for Attorney(s) C. Bailey King, Jr. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7849205) by Lincoln National Life Insurance Company. (Attachments: #1 Exhibit A)(Green, Lauren) |
| Filing 18 Disclosure Statement by Benjamin Musket. (Weiss, David) |
| Filing 17 NOTICE of Appearance by David Lee Weiss on behalf of Benjamin Musket (Weiss, David) |
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Filing 16
ORDER. Counsel for Defendants Donklang, PH. D., and PI. D. has filed a waiver of service purportedly executed on behalf of all three of those Defendants. The waiver form itself, however, does not specify which of the Defendants have waived service. If all three of these Defendants have indeed waived service, counsel for Plaintiff or these Defendants must docket separate waivers of service for each of these Defendants by August 1, 2024. Signed by Judge Sarala V. Nagala on 7/25/2024. (Parfenoff, I)
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| Filing 15 WAIVER OF SERVICE Returned Executed as to PH. D. waiver sent on 7/24/2024, answer due 9/22/2024; Pornthip Donklang waiver sent on 7/24/2024, answer due 9/22/2024; PI. D. waiver sent on 7/24/2024, answer due 9/22/2024 filed by PH. D.; Pornthip Donklang; PI. D.. (Calistro, Roger) |
| Filing 14 Docket Entry Correction re #12 Notice of Appearance modified to correct parties represented. (Lewis, D) |
| Set Deadlines: Rule 26 Meeting Report due by 8/30/2024 (Bergeson, S) |
| Filing 13 First Disclosure Statement Rule 7.1 by PH. D., PI. D., Pornthip Donklang. (Calistro, Roger) Modified on 7/25/2024 to correct parties. (Bergeson, S). |
| Filing 12 NOTICE of Appearance by Roger Butler Calistro on behalf of PH. D., PI. D., Pornthip Donklang (Calistro, Roger) Modified on 7/18/2024 (Lewis, D). |
| Filing 11 Docket Entry Correction re Deadlines. Text amended to reflect "Status Report due by 10/10/2024" (Sichanh, C) |
| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Pornthip Donklang, Benjamin Musket* with answer to complaint due within *21* days. Attorney *Lauren Green* *Bradley Arant Boult Cummings* *1445 Ross Ave. Suite# 3600* *Dallas, TX 75202*. (Mendez, D) |
| Filing 9 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 #7 Standing Protective Order, #8 Notice of Option to Consent to Magistrate Judge Jurisdiction, #6 Electronic Filing Order, #5 Order on Pretrial Deadlines, 3 Notice re: Disclosure Statement, #1 Complaint, filed by Lincoln National Life Insurance Company. Signed by Clerk on 7/16/2024. (Mendez, D) |
| Set Deadlines: Status Report due by 10/10/2024 (Sichanh, C) |
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Filing 4
ORDER. Defendant Benjamin Musket and Defendant Pornthip Donklang must be served by October 10, 2024. Fed. R. Civ. P. 4(m). Because Defendants Ph. D. and Pi. D. appear to be minors residing in a foreign country, see Compl. paras. 4-5, the 90-day time limit for service of process does not apply to them, see Fed. R. Civ. P. 4(g) (explaining that a "minor who is not within any judicial district of the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3)"); Fed. R. Civ. P. 4(m) (noting that the 90-day time limit for service does not apply if service is being made in a foreign country pursuant to Rule 4(f)). Although the complaint represents that these Defendants can be served through their attorney, in order to keep service of process from unduly stalling this case, if these Defendants have not been served by October 10, 2024, Plaintiff shall submit a status report on that date informing the Court of its efforts to serve them. Signed by Judge Sarala V. Nagala on 7/15/2024. (Parfenoff, I)
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| Request for Clerk to issue summons as to Pornthip Donklang, Benjamin Musket. (Green, Lauren) |
| Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Mendez, D) |
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Filing 7
Standing Protective Order. Signed by Judge Sarala V. Nagala on 7/11/2024. (Mendez, D)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 7/11/2024. (Mendez, D)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 9/9/2024. Discovery due by 1/10/2025. Dispositive Motions due by 2/14/2025. Signed by Clerk on 7/11/2024. (Mendez, D)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 7/11/2024.(Maturo, F.) |
| Judge Sarala V. Nagala and Judge Maria E. Garcia added. (Oliver, T.) |
| Filing 2 Disclosure Statement by The Lincoln National Life Insurance Company identifying Corporate Parent The Lincoln National Life Insurance Company for The Lincoln National Life Insurance Company. (Green, Lauren) |
| Filing 1 COMPLAINT For Interpleader against All Defendants ( Filing fee $405 receipt number ACTDC-7831684.), filed by The Lincoln National Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Disclosure Statement, #10 Civil Cover Sheet)(Green, Lauren) |
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