McDonald v. Board of Trustees of the City of Miami General Employees' & Sanitation Employees' Retirement Trust et al
Plaintiff: Audrey McDonald
Defendant: United of Omaha Life Insurance Company, Board of Trustees of the City of Miami General Employees' & Sanitation Employees' Retirement Trust and USI Insurance Services, LLC
Case Number: 1:2018cv22866
Filed: July 16, 2018
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade (Office: Miami)
Presiding Judge: Jose E Martinez
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1132
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 11, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2018 Opinion or Order Filing 26 SCHEDULING ORDER: (Trial set for 9/30/2019 at 9:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 9/26/2019 at 1:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 8/1/2019.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Jose E. Martinez on 9/11/2018. See attached document for full details. (pes) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
September 11, 2018 Filing 25 Defendant's MOTION TO DISMISS #12 Amended Complaint, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by USI Insurance Services, LLC. Responses due by 9/25/2018 (Eichhorn, Cory)
September 11, 2018 Filing 24 MOTION TO DISMISS #12 Amended Complaint, FOR FAILURE TO STATE A CLAIM by United of Omaha Life Insurance Company. Responses due by 9/25/2018 (Attachments: #1 Exhibit A - AFSCME/Miami Agreement, #2 Exhibit B - Master Policy, #3 Exhibit C - City of Miami Code)(Furman, Wendy)
September 10, 2018 Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by Audrey McDonald (Attachments: #1 Exhibit Proposed Pretrial Deadlines and Trial Date, #2 Exhibit Completed Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motions, #3 Text of Proposed Order Joint Proposed Scheduling Order)(Johnson, Jesse)
September 6, 2018 Filing 22 Certificate of Interested Parties/Corporate Disclosure Statement by United of Omaha Life Insurance Company identifying Corporate Parent Mutual of Omaha Insurance Company for United of Omaha Life Insurance Company (Nieto, Andrea)
August 28, 2018 Opinion or Order Filing 21 PAPERLESS ORDER granting the parties' #19 Joint Motion for Extension of Deadline to File Joint Scheduling Report and Proposed Joint Scheduling Order. The parties will submit their Joint Scheduling Report and Proposed Joint Scheduling Order on or before September 10, 2018. This order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 8/28/2018. (jza)
August 27, 2018 Filing 20 Clerks Notice to Filer re #19 Joint MOTION for Extension of Deadline to File Joint Scheduling Report and Proposed Joint Scheduling Order re #4 Order Requiring Joint Scheduling Report . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
August 24, 2018 Filing 19 Joint Motion for Extension of Time/Deadline to File Joint Scheduling Report and Proposed Joint Scheduling Order by USI Insurance Services, LLC. (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory) Modified Relief on 8/27/2018 (ls).
August 23, 2018 Opinion or Order Filing 18 PAPERLESS ORDER granting Defendant USI Insurance Service, LLC's #17 Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Class Action Complaint. Defendant USI Insurance Service, LLC shall serve their response to Plaintiff's Amended Complaint #12 on or before September 11, 2018. This order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 8/23/2018. (jza)
August 23, 2018 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint, by USI Insurance Services, LLC. (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory)
August 23, 2018 Filing 16 NOTICE of Attorney Appearance by Philip E. Rothschild on behalf of USI Insurance Services, LLC. Attorney Philip E. Rothschild added to party USI Insurance Services, LLC(pty:dft). (Rothschild, Philip)
August 22, 2018 Reset Answer Due Deadline: United of Omaha Life Insurance Company response due 9/11/2018. (ls)(per DE #15)
August 22, 2018 Opinion or Order Filing 15 PAPERLESS ORDER granting United of Omaha's #14 Unopposed Motion for an Extension of Time to Respond to Plaintiff's Amended Complaint #12 . Defendant United of Omaha shall serve their response to Plaintiff's Amended Complaint #12 on or before September 11, 2018. This order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 8/22/2018. (jza)
August 22, 2018 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint, by United of Omaha Life Insurance Company. Attorney Wendy Lynn Furman added to party United of Omaha Life Insurance Company(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order)(Furman, Wendy)
August 14, 2018 Filing 13 Certificate of Interested Parties/Corporate Disclosure Statement by Audrey McDonald (Johnson, Jesse)
August 14, 2018 Filing 12 AMENDED COMPLAINT against USI Insurance Services, LLC, United of Omaha Life Insurance Company, filed by Audrey McDonald. (Attachments: #1 Exhibit A - Basic Life Policy, #2 Exhibit B - Voluntary Life Policy, #3 Exhibit C - Enrollment Form)(Johnson, Jesse)
August 14, 2018 Filing 11 NOTICE of Voluntary Dismissal of claims against the Board of Trustees of the City of Miami General Employees' & Sanitation Employees' Retirement Trust by Audrey McDonald (Johnson, Jesse)
August 9, 2018 Reset Answer Due Deadline: USI Insurance Services, LLC response due 8/22/2018. (ls)(per DE #10)
August 9, 2018 Opinion or Order Filing 10 PAPERLESS ORDER granting #7 Defendant USI Insurance Services, LLC's Unopposed Motion for Brief Extension of Time to Respond to Plaintiff's Class Action Complaint. Defendant, USI Insurance, LLC, shall serve their response to Plaintiff's Complaint #1 on or before August 22, 2018. This order shall affect no other deadlines. Signed by Judge Jose E. Martinez on 8/9/2018. (jza)
August 8, 2018 Filing 9 NOTICE of Attorney Appearance by Lauren Vanessa Lopez on behalf of USI Insurance Services, LLC. Attorney Lauren Vanessa Lopez added to party USI Insurance Services, LLC(pty:dft). (Lopez, Lauren)
August 8, 2018 Filing 8 Corporate Disclosure Statement by USI Insurance Services, LLC identifying Corporate Parent USI, Inc., Other Affiliate KKR & Co. L.P., Other Affiliate USI Guarantor, Inc., Other Affiliate USI Advantage Corp. for USI Insurance Services, LLC (Eichhorn, Cory)
August 7, 2018 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by USI Insurance Services, LLC. Attorney Cory William Eichhorn added to party USI Insurance Services, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Eichhorn, Cory)
August 1, 2018 Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Audrey McDonald. USI Insurance Services, LLC served on 7/18/2018, answer due 8/8/2018. (Johnson, Jesse)
August 1, 2018 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Audrey McDonald. Board of Trustees of the City of Miami General Employees' & Sanitation Employees' Retirement Trust served on 7/24/2018, answer due 8/14/2018. (Johnson, Jesse)
July 25, 2018 Opinion or Order Filing 4 Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 7/25/2018. See attached document for full details. (dq)
July 17, 2018 Filing 3 Summons Issued as to All Defendants. (cbr)
July 16, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (cbr)
July 16, 2018 Filing 1 COMPLAINT against Board of Trustees of the City of Miami General Employees' & Sanitation Employees' Retirement Trust, USI Insurance Services, LLC, United of Omaha Life Insurance Company. Filing fees $ 400.00 receipt number 113C-10821651, filed by Audrey McDonald. (Attachments: #1 Exhibit A - Basic Life Policy, #2 Exhibit B - Voluntary Life Policy, #3 Exhibit C - Enrollment Form, #4 Civil Cover Sheet, #5 Summon(s) Board of Trustees, #6 Summon(s) USI Insurance Services, LLC, #7 Summon(s) United of Omaha Life Insurance Company)(Johnson, Jesse)

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Defendant: United of Omaha Life Insurance Company
Represented By: Andrea E Nieto
Represented By: Wendy Lynn Furman
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Defendant: Board of Trustees of the City of Miami General Employees' & Sanitation Employees' Retirement Trust
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Defendant: USI Insurance Services, LLC
Represented By: Cory William Eichhorn
Represented By: Philip E. Rothschild
Represented By: Lauren Vanessa Lopez
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Plaintiff: Audrey McDonald
Represented By: Aaron D. Radbil
Represented By: Michael Lewis Greenwald
Represented By: James Lee Davidson
Represented By: Jesse S Johnson
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