Stratton v. The Lincoln National Life Insurance Company
| Krista Stratton |
| The Lincoln National Life Insurance Company |
| 8:2022cv02191 |
| September 22, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1001 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on November 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 8
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #7), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 11/3/2022. (CKW)
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| Filing 7 NOTICE of settlement by Krista Stratton (Cavey, Nancy) |
| Filing 6 RETURN of service executed on October 3, 2022 by Krista Stratton as to The Lincoln National Life Insurance Company. (Cavey, Nancy) |
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Filing 5
ENDORSED ORDER: Defendant has filed a Motion to Dismiss (Doc. #4), but Plaintiff has not yet filed the return of service, or proof of waiver, as required under the Rules. Accordingly, Plaintiff is directed to file either the return of service or proof of waiver by October 27, 2022, so that the Court may accurately set case management deadlines. Signed by Judge Virginia M. Hernandez Covington on 10/25/2022. (CKW)
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| Filing 4 MOTION to Dismiss Complaint by The Lincoln National Life Insurance Company. (Attachments: #1 Exhibit 1 Group Policy)(Marcus, Lee) |
| Filing 3 SUMMONS issued as to The Lincoln National Life Insurance Company. (MCB) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-2191-VMC-CPT. (SJB) |
| Filing 1 COMPLAINT against The Lincoln National Life Insurance Company (Filing fee $402 receipt number AFLMDC-20024476) filed by Krista Stratton. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Cavey, Nancy) |
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| Plaintiff: Krista Stratton | |
| Represented By: | Nancy L. Cavey |
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| Defendant: The Lincoln National Life Insurance Company | |
| Represented By: | Lee W. Marcus |
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