Romano et al v. John Hancock Life Insurance Company (USA)
| ERIC ROMANO and Todd Romano |
| John Hancock Life Insurance Company (USA) |
| 1:2019cv21147 |
| March 25, 2019 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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Filing 364
Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #352 Notice of Appeal, #354 Notice of Cross Appeal, Appeal No. 22-12366-BB. The entire record on appeal is available electronically. (jes)
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Filing 363
TRANSCRIPT INFORMATION FORM by John Hancock Life Insurance Company (USA) re #352 Notice of Appeal, #354 Notice of Cross Appeal. No Transcript Requested. (Quintana, Marlene) Modified text - attorney's office clarified that no transcripts were being requested 9/8/2022 (apz).
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Filing 362
TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 8/4/2022 by Matthew P. Weinshall, Esq. have been filed by Court Reporter: Joanne Mancari, 917-270-7048 re #355 Transcript Information Form. (apz)
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Filing 361
TRANSCRIPT of Motion Hearing held on 5/31/2022 before Magistrate Judge Jonathan Goodman, 1-34 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (apz)
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Filing 360
TRANSCRIPT of Discovery Hearing held on 4/15/2021 before Magistrate Judge Jonathan Goodman, 1-25 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (apz)
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Filing 359
TRANSCRIPT of Discovery Hearing held on 7/30/2021 before Magistrate Judge Jonathan Goodman, 1-56 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (apz)
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Filing 358
TRANSCRIPT of Motion Hearing held on 2/16/2021 before Magistrate Judge Jonathan Goodman, 1-67 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (apz)
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Filing 357
COURT REPORTER ACKNOWLEDGMENT re #355 Transcript Information Form. Court Reporter: Joanne Mancari, 917-270-7048. Estimated filing date of transcript 8/8/2022. (apz)
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Filing 356
Acknowledgment of Receipt of NOA from USCA re #354 Notice of Cross Appeal, filed by John Hancock Life Insurance Company (USA). Date received by USCA: 8/2/2022. USCA Case Number: 22-12366-A. (apz)
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Filing 355
TRANSCRIPT INFORMATION FORM by Eric Romano, Todd Romano re #352 Notice of Appeal,,,. Hearing Transcripts transcript(s) ordered. Order placed by Matthew P. Weinshall. Email sent to Court Reporter Coordinator. (Weinshall, Matthew)
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Transmission of Notice of Appeal, Final Judgment and Docket Sheet to US Court of Appeals re #354 Notice of Cross Appeal, Notice has been electronically mailed. (kpe)
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Filing 354
Notice of Cross Appeal as to #351 Final Judgment by John Hancock Life Insurance Company (USA). Filing fee $ 505.00 receipt number AFLSDC-15823066. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Quintana, Marlene) Modified document link on 8/2/2022 (kpe).
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Filing 353
Acknowledgment of Receipt of NOA from USCA re #352 Notice of Appeal, filed by Eric Romano, Todd Romano. Date received by USCA: 7/18/22. USCA Case Number: 22-12366-A. (vjk)
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Transmission of Notice of Appeal, Orders/judgment and Docket Sheet to US Court of Appeals re #352 Notice of Appeal, Notice has been electronically mailed. (kpe)
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Filing 352
Notice of Appeal re 330 Sealed Order, 331 Sealed Order, #338 Order, #339 Redacted Order, #351 Final Judgment by Eric Romano, Todd Romano. Filing fee $ 505.00 receipt number AFLSDC-15794408. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit ECF No. 338 OMNIBUS ORDER ON THE PARTIES DAUBERT MOTIONS, #2 Exhibit ECF No. 339 REDACTED1 ORDER ON DEFENDANTS SUMMARY JUDGMENT MOTION, #3 Exhibit ECF No. 351 FINAL JUDGMENT)(Weinshall, Matthew) Modified to add documents link on 7/18/2022 (kpe).
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Filing 351
Final Judgment in favor of Defendant. All pending motions are denied as moot and all trial/hearing dates are canceled. The Court will reserve jurisdiction to enter an award for costs and attorney's fees (if applicable). Signed by Magistrate Judge Jonathan Goodman on 6/22/2022. See attached document for full details. (dw00)
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Filing 350
NOTICE by John Hancock Life Insurance Company (USA) re #349 Order of Mailing to Class Members (Quintana, Marlene)
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Filing 349
Order Establishing Summary Judgment Ruling Notice Procedure. Signed by Magistrate Judge Jonathan Goodman on 6/1/2022. See attached document for full details. (dw00)
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Filing 348
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Hearing held on 5/31/2022. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 00 minutes. Attorney Appearance(s): Marlene Quintana, James O. Fleckner, Gabrielle Lisa Gould, Matthew Weinshall, Peter Prieto, Other appearances: Chris Rodgers. (Digital JG_01_05-31-2022/ Zoom) (fbn)
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Filing 347
PAPERLESS ORDER setting a Zoom Hearing set for 5/31/2022 at 4:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1615480748?pwd=aTg5bFlsdHpidkZHZmZ5WXFidVkydz09. Meeting ID: 161 548 0748. Passcode: 306591. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 5/23/2022. (fbn)
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Filing 346
PAPERLESS ORDER Scheduling a Zoom Hearing for May 31, 2022, at 4:00PM. The parties should be prepared to address the issues concerning the logistics of providing notice to class members about the summary judgment ruling. Because the parties agree on the wording of the notice, the hearing will not concern the issue of notice content. A paperless Order containing the Zoom instructions will be issued separately. Signed by Magistrate Judge Jonathan Goodman on 5/20/2022. (dw00)
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Filing 345
NOTICE by John Hancock Life Insurance Company (USA) re #339 Order Defendant John Hancock Life Insurance Company (U.S.A.)'s Proposal Regarding the Logistics of Providing Notice of Summary Judgment Order to Class Members (Quintana, Marlene)
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Filing 344
MEMORANDUM of Law re #339 Order Plaintiffs' Memorandum Regarding Notice to the Class of the Court's Summary Judgment Ruling by Eric Romano, Todd Romano. (Attachments: #1 Exhibit 1 -- Proposed Notice)(Weinshall, Matthew)
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Filing 342
NOTICE by Eric Romano, Todd Romano Notice of Filing Notice Administrator's Declaration Regarding Notice Plan Implementation (Attachments: #1 Affidavit Declaration of Brian Pinkerton, Esq.) (Weinshall, Matthew)
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SYSTEM ENTRY - Docket Entry 343 [misc] restricted/sealed until further notice. (1246373)
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Filing 341
ORDER granting #340 Defendant's Motion to File Exhibit Under Seal. Signed by Magistrate Judge Jonathan Goodman on 5/16/2022. See attached document for full details. (dw00)
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Filing 340
Unopposed MOTION to Seal per Local Rule 5.4 by John Hancock Life Insurance Company (USA). (Attachments: #1 Text of Proposed Order) (Quintana, Marlene)
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Filing 339
Redacted Order on Defendant's Summary Judgment Motion. Signed by Magistrate Judge Jonathan Goodman on 5/9/2022. See attached document for full details. (dw00)
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Filing 338
Omnibus Order on the Parties' Daubert Motions. Signed by Magistrate Judge Jonathan Goodman on 5/9/2022. See attached document for full details. (dw00)
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Filing 337
Order on Defendant's Proposed Redactions. Signed by Magistrate Judge Jonathan Goodman on 5/9/2022. See attached document for full details. (dw00)
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Filing 336
NOTICE by John Hancock Life Insurance Company (USA) of Filing Redacted Courts Under-Seal Order on Defendant's Summary Judgment Motion (Attachments: #1 Exhibit Redacted Order) (Quintana, Marlene)
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Filing 335
NOTICE by John Hancock Life Insurance Company (USA) of Filing Redacted Courts Under-Seal Order on the Parties Daubert Motions (Attachments: #1 Exhibit Redacted Order) (Quintana, Marlene)
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Filing 334
PAPERLESS ORDER granting #333 Plaintiff's Motion for Extension of Time. The parties shall submit their proposals regarding notice to the Class of the Court's summary judgment ruling by May 19, 2022. Signed by Magistrate Judge Jonathan Goodman on 5/5/2022. (dw00)
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Filing 333
Plaintiff's MOTION for Extension of Time to Submit Notice Proposals Regarding the Court's Summary Judgment Ruling re 332 Order, by Eric Romano, Todd Romano. Responses due by 5/19/2022 (Weinshall, Matthew)
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Filing 332
PAPERLESS NOTICE that as-filed copies of the Undersigned's 330 Sealed Omnibus Order on the Parties' Dabuert Motions and 331 Sealed Order on Defendant's Summary Judgment Motion were emailed to Matthew Weinshall, at mweinshall@podhurst.com, and James O. Fleckner, at jfleckner@goodwinlaw.com. Signed by Magistrate Judge Jonathan Goodman on 5/2/2022. (dw00)
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SYSTEM ENTRY - Docket Entry 330 [order] restricted/sealed until further notice. (pes)
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SYSTEM ENTRY - Docket Entry 331 [order] restricted/sealed until further notice. (pes)
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Filing 328
Defendant's REPLY to #326 Statement, to Plaintiffs' Amended, Selected Statement of Additional Facts by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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SYSTEM ENTRY - Docket Entry 329 [misc] restricted/sealed until further notice. (745839)
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Filing 326
Statement of: Amended, Selected Statement of Additional Facts in opposition to Defendant's Motion for Summary Judgment (Redacted Version) by Eric Romano, Todd Romano re #266 Statement,,, 325 Order,,,,,,,,, (Weinshall, Matthew)
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SYSTEM ENTRY - Docket Entry 327 [misc] restricted/sealed until further notice. (1246373)
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Filing 325
PAPERLESS ORDER re #266 Statement,,, filed by Eric Romano, Todd Romano, 272 Sealed Document,, filed by Eric Romano, Todd Romano Plaintiffs have filed, both in redacted and under-seal format [ECF Nos. 266 and 272-1] a Statement of Material Facts which includes a Statement of Additional Facts. Several of these paragraphs of additional facts [i.e., numbered paragraphs 78, 79, 82, 84, 85, 93, 97 and 103) violate Local Rule 56.1(b)(1)(B)because they are not limited to a single material fact. Defendant John Hancock contends [ECF NO. 287, p. 2, n. 1] that it is prejudiced by this violation.Setting aside John Hancock's gripe about the format and the alleged prejudice, the Undersigned notes that Plaintiff's assertion of more than one material fact in each numbered paragraph makes it more difficult for me to clearly understand which portions of these specific additional assertions of fact are genuinely disputed.To remedy this dilemma, Plaintiffs shall by March 4, 2022 file an Amended, Selected Statement of Additional Facts. This should be submitted both in redacted form (if necessary to protect genuinely confidential information) and under-seal (but unredacted) form. If none of the restated allegations in these specific paragraphs are worthy of under-seal status, then Plaintiffs need file only one, unredacted version (on CM/ECF). Plaintiffs' filing shall address only the specific paragraphs flagged above. The filing should not be a restatement of all of their additional facts.In order to maintain the existing paragraph-numbering format, Plaintiffs Amended, Selected Statement of Additional Facts shall use the same numbers, but with letter-based sub-categories. Thus, to provide one illustration, assume that Plaintiffs are dividing paragraph 82 into 4 separate statements of a single material fact. The to-be-filed submission would use paragraph numbers 82, 82-a, 82-b and 82-c.John Hancock shall file its response by March 14, 2022. It shall follow the same protocol as outlined for Plaintiffs. Therefore, if Plaintiffs file two versions (one publicly-filed but redacted and one under-seal but unredacted), then John Hancock will file two versions of its response, as well. Signed by Magistrate Judge Jonathan Goodman on 2/24/2022. (JG)
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Filing 324
TRANSCRIPT of Motion Hearing Conducted via Zoom (Transcribed from the Audio Recording) held on January 24, 2022, before Magistrate Judge Jonathan Goodman, 1-222 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/11/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 5/19/2022. (le)
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Deadline(s)/Hearing(s) terminated ECF #48 . (fbn)
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Filing 323
AMENDED TRIAL SCHEDULING ORDER. The Jury Trial is set for 9/19/2022 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The Final Pretrial Conference set for 9/9/2022 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 2/9/2022. See attached document for full details. (dw00) #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.
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Filing 322
PAPERLESS ORDER regarding Jury Trial set for 9/19/2022 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The trial will be in the Covid Courtroom (Judge Middlebrooks Courtroom/ 11th Floor King). Final Pretrial Conference set for 9/9/2022 at 2:30PM in the Miami Division before Magistrate Judge Jonathan Goodman. The Final Pretrial Conference will be held in-person. Signed by Magistrate Judge Jonathan Goodman on 2/9/2022. (fbn)
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Filing 321
Clerks Notice of Docket Correction re 320 . Document Restricted Due to Error. (fbn)
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Filing 319
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Trial Scheduling Conference held on 2/7/2022. The Court orders a Special set trial date of September 19,2022 at 9:30am. A Scheduling Order with the remaining deadlines to follow. Total time in court: 25 minutes. Attorney Appearance(s): Marlene Quintana, James O. Fleckner, Gabrielle Lisa Gould, Christian D. Searcy, Matthew Weinshall, (Digital JG_01_02-07-2022/ Zoom) (fbn)
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Filing 318
NOTICE of Compliance Defendant's Notice Regarding Order ECF No. 314 by John Hancock Life Insurance Company (USA) re 314 Order,, (Quintana, Marlene)
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Filing 317
FINAL MEDIATION REPORT by Robert A. Meyer. Disposition: Case did not settle.(Weinshall, Matthew)
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Filing 316
PAPERLESS ORDER regarding Zoom Trial Scheduling Conference set for 2/7/2022 at 2:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1609109061?pwd=UThuaHN3NjFROERoajBjVHhpdVluQT09. Meeting ID: 160 910 9061. Passcode: 803950.All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 1/25/2022. (fbn)
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Filing 315
Order Establishing Class Notice Procedure and Rescheduling Trial. Signed by Magistrate Judge Jonathan Goodman on 1/25/2022. See attached document for full details. (dw00)
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Filing 314
Paperless Post-Hearing Administrative Order. By January 31, 2022, Defendant shall file a notice of cases previously cited in either its #255 Motion for Summary Judgment or its #278 Reply in which an appellate court affirmed a district court's decision to grant a motion for summary judgment or a motion to dismiss with prejudice on the basis that the defendant was not acting as a fiduciary. The notice shall contain only the pinpointed case citations. Defendant is not permitted to include any argument, rhetoric, or parentheticals. Signed by Magistrate Judge Jonathan Goodman on 1/25/2022. (dw00)
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Filing 313
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Motion Hearing held on 1/24/2022 re #257 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy, 263 Defendant's SEALED MOTION to Exclude the Expert Report and Testimony of Barry Mukamal, #264 Plaintiff's MOTION to Exclude Testimony of David W. LaRue Ph.D., #265 Plaintiff's MOTION to Exclude Testimony of Steven Gissiner, #258 Defendant's MOTION to Exclude the Expert Report and Testimony of Lisa De Simone, 261 Defendant's SEALED MOTION for Summary Judgment and Incorporated Memorandum of Law, and #260 Defendant's MOTION to Exclude the Expert Report and Testimony of Bruce D. Pingree, Esq. Post-Hearing Administrative Order to follow. Total time in court: 5 hour(s) : 10 minutes. Attorney Appearance(s): Benjamin S. Reilly, Marlene Quintana, James O. Fleckner, Gabrielle Lisa Gould, John Scarola, Boris L. Zhadanovskiy, Matthew Weinshall, Peter Prieto, (Digital JG_01_01-24-2022/ Zoom) (fbn)
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Filing 312
NOTICE by John Hancock Life Insurance Company (USA) re 311 Order,,,,,,,,, Regarding Order ECF No. 311 (Quintana, Marlene)
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Filing 311
PAPERLESS ORDER regarding Plaintiffs' supposed inconsistent positions.A "flip-flopper" is a person, often a politician, who changes his position or opinion. Defendant John Hancock has not used that specific word in this case to describe Plaintiffs. But it has repeatedly contended that Plaintiffs have changed their legal position, sometimes dramatically and sometimes in ways which John Hancock says is either inconsistent or actually contrary to earlier-stated positions.In other words, flip-flopping.To assist the Undersigned in getting a handle on John Hancock's accusation before the upcoming summary judgment hearing, John Hancock shall by noon on Monday, January 24, 2022, file a notice listing all the purported inconsistencies and/or changes in Plaintiffs' position.The notice shall not contain rhetoric or argument. Instead, it should simply be neutral and factual, pointing out what the earlier position was and how a later-stated Plaintiffs' position is different or contrary or inconsistent. Some of the positions (either the initial one or the later ones) could be in writing, such as in the Complaint, a motion or memorandum. Other positions could be oral, made in a hearing. The so-called switch in position could be written-to-oral, oral-to-written, written-to-written or oral-to-oral.Regardless of how the change manifested itself, the Notice should pinpoint and quote the precise language used by Plaintiffs in all positions being flagged and then provide the exact record reference, such as Memorandum On ______, ECF No._____, page____, or hearing transcript, class certification hearing, ECF No.____, page___, lines___. The alleged changes need not be flat-out contrary; they could also be merely different. And if John Hancock contends that Plaintiffs took different or contrary positions on a point more than once or that Plaintiffs retreated to an earlier position after urging a different point, then it shall highlight that in the Notice, as well.Given the history here, the Undersigned is particularly interested in seeing the circumstances under which Plaintiffs purportedly changed their position on the significance, or lack of significance, of John Hancock's alleged failure to disclose its intent or ability to retain the FTCs for itself. Signed by Magistrate Judge Jonathan Goodman on 1/20/2022. (JG)
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Filing 310
NOTICE by Eric Romano, Todd Romano re 299 Order,,,,,,,, 300 Order,, Joint Notice Regarding the Timing, Contents, and Logistics of Class Notice (Attachments: #1 Exhibit A -- Proposed Notice) (Weinshall, Matthew)
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SYSTEM ENTRY - Docket Entry 309 [misc] restricted/sealed until further notice. (1246373)
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SYSTEM ENTRY - Docket Entry 308 [misc] restricted/sealed until further notice. (745839)
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Filing 307
Redacted Order Granting #94 and 103 Plaintiffs' Motion for Class Certification. Signed by Magistrate Judge Jonathan Goodman on 1/14/2022. See attached document for full details. (dw00)
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Filing 306
Supplemental Order to 295 Certifying March 25, 2013 as the Class Start-Date. Signed by Magistrate Judge Jonathan Goodman on 1/13/2022. See attached document for full details. (dw00)
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Filing 305
NOTICE by John Hancock Life Insurance Company (USA) of Filing Unredacted Class Certification Order -(Per DE 295) (Attachments: #1 Supplement A) (Quintana, Marlene)
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Filing 304
PAPERLESS ORDER granting #303 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Benjamin S. Reilly. Signed by Magistrate Judge Jonathan Goodman on 1/11/2022. (dw00)
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Filing 303
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin S. Reilly. Filing Fee $ 200.00 Receipt # AFLSDC-15305695 by John Hancock Life Insurance Company (USA). Responses due by 1/24/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 302
MEMORANDUM of Law re 298 Order,,,, by Eric Romano, Todd Romano. (Weinshall, Matthew)
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Filing 301
MEMORANDUM of Law re 298 Order,,,, Defendant John Hancock Life Insurance Company (U.S.A.)'s Memorandum of Law Regarding the Applicable Class Period by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quintana, Marlene)
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Filing 300
PAPERLESS ORDER re 299 Order,,,,,,,, 295 Sealed Order on Motion, Order on Motion to Certify Class This Order supplements one entered just a few minutes ago [ECF No. 299]. The joint notice mentioned in that Order should also include the following issue: assuming that notice of the certification is provided before a ruling on the summary judgment motion is issued, whether the notice sent to class members must be resent or updated due to a ruling on the summary judgment motion. Signed by Magistrate Judge Jonathan Goodman on 12/27/2021. (JG)
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Filing 299
PAPERLESS ORDER re 298 Order,,,, 295 Sealed Order on Motion, Order on Motion to Certify Class This Order concerns Federal Rule of Civil Procedure 23(c)(2)(B), which requires the Court for any class certified under Rule 23(b)(3) to "direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort.'The Undersigned has certified a class [ECF No. 295], but there is still an issue about whether the class includes an 18.5-month gap. The Court required [ECF No. 298] the parties to brief that issue. In the meantime, there is a full-briefed and ripe case-dispositive,defense-filed summary judgment motion which is pending. The Court has scheduled that motion for a Zoom hearing on January 24, 2022. And a special set jury trial is scheduled to begin on March 7, 2022.Given this coalescence of circumstances, the related issues of when notice of the certification should be provided, what the specific contents of the notice should be and how the logistics for the notice should be arranged are important and require prompt resolution.The Parties are therefore required to confer (and that means more than just an exchange of emails; an actual conversation must occur) and then file, by January 18, 2022, a joint notice of the Parties' positions on the timing, contents and logistics of the notice. The joint notice should explain which provisions have been agreed to and which issues are in dispute. For the issues or sub-issues which are in dispute, the joint notice should spell out with specificity each side's position. The joint notice should also explain the Parties' position on whether it is feasible to keep the current special set trial date. If one or both sides believe that a new special set trial date is required, then the specific suggested new date should be included in the joint notice. Signed by Magistrate Judge Jonathan Goodman on 12/27/2021. (JG)
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Filing 298
PAPERLESS ORDER re 295 Sealed Order on Motion, Order on Motion to Certify ClassThis Order establishes a briefing deadline for the issue left open in the Order granting [ECF No. 295] Plaintiffs' class certification motion. Specifically, it concerns the issue of whether the class should be as requested by Plaintiffs (involving plans dating back to March 25, 2013) or whether it should be as of October 17, 2014, the date when Plaintiffs' contract with Defendant John Hancock became effective.Unless the parties agree on a date, they shall each submit a double-spaced memorandum of law not to exceed four pages (excluding signature block and certificate of service) by January 7, 2022.The Court anticipates that the submissions can be publicly filed on CM/ECF, as the issue appears legal and can presumably be discussed adequately without mentioning specific facts which one or both parties deem so confidential that the information must be kept secret from the public in redacted and sealed filings. Signed by Magistrate Judge Jonathan Goodman on 12/26/2021. (JG)
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Filing 297
PAPERLESS NOTICE that an as-filed copy of the Undersigned's 295 Sealed Order on Plaintiffs' Motion to Certify Class was emailed to Matthew Weinshall, at mweinshall@podhurst.com, and James O. Fleckner, at jfleckner@goodwinlaw.com. Signed by Magistrate Judge Jonathan Goodman on 12/23/2021. (dw00)
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Filing 296
PAPERLESS ORDER regarding 293 Order Setting Hearing on Motion.The parties may, by January 17, 2022 at 5:00 pm, file under seal an optional list of three (3) specific, succinct questions concerning Defendant's summary judgment motion [255; 263], which they would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, exhibits, the arguments raised in the briefing, or any other issue relevant to the Undersigned's analysis of the motion.The questions should not be multiple lines long, with large introductions containing a substantial amount of introductory or background information. For example, attorneys sometimes participate in this optional procedure and submit questions beginning with, "Given that..., and given that..., and given that..., and in light of..., what legal authority supports your proposition that...?" The entire introduction starting with the first "given" and ending immediately before "what" is likely unnecessary and undermines the goal of the procedure. In fact, I have received questions which run on for more than half a page -- and sometimes an entire page -- and contain four or five sentences of "introduction" or "context." Those types of questions are not what I have in mind here. To the extent that the questions (which should be precise and pinpoint) concern exhibits, the parties may attach relevant exhibits to the under-seal list of questions. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. It is highly unlikely that the Undersigned will be inclined to review more than an extremely modest number of pages of exhibits attached to the questions. By providing this alternative, the Undersigned is by no means suggesting that a party should attach exhibits to the questions. In fact, it might be better to simply refer to exhibits already filed (assuming the exhibits are not voluminous but, instead, are manageable and capable of being reviewed in the brief gap between the filing of the questions and the hearing).Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely.To alleviate any conceivable concern that this procedure constitutes some type of ex parte procedure, the Undersigned will read out loud on the record every optional question submitted under seal by the parties, regardless of whether I will actually ask each question.At the risk of stating the obvious (but I do so because other counsel in other cases have asked), the under-seal questions need not be served on opposing counsel and need not be publicly filed on CM/ECF. Signed by Magistrate Judge Jonathan Goodman on 12/23/2021. (dw00)
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SYSTEM ENTRY - Docket Entry 295 [order] restricted/sealed until further notice. (pes)
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Filing 294
PAPERLESS ORDER re 293 Order Setting Hearing on Motion,,,,,,,, The Undersigned has scheduled [ECF No. 293] a Zoom hearing on seven motions for January 24, 2022. One of the motions is a summary judgment motion. The other six are either Daubert motions or similar motions seeking to exclude expert witness testimony. To help the Undersigned (and the law clerk working with me on this case), the parties will, by January 10, 2022, deliver to my chambers two master sets of binders (one set for me and one for my law clerk), as described below:1. Each Movant is responsible for the binders linked to motions filed by that Movant.2. One motion per binder.3. Each binder shall contain the motion, the response, the reply, notices of supplemental authority (if any) and the primary exhibits relied upon in the motion. Defendant's summary judgment motion shall also include its own statement of material facts and Plaintiffs' Statement of Material Facts.4. The binders should include only the unredacted versions of the motion, memoranda and exhibits.5. Each binder shall have a table of contents and divider tabs, separating each item.6. Each motion (with supporting and related material) shall be placed in only one binder. In other words, no spillover to a second binder. If the materials are voluminous, then the parties should use a larger binder and exercise discretion when deciding which exhibits are core and need to be included in the binder.7. If not all the exhibits are included in the binder, then the table of contents should reflect which exhibits are in the binder. Otherwise, the default assumption is that all exhibits are included.8. A label identifying the name and ECF number of the motion should be placed on the front cover of each binder.************For purposes of assisting counsel in preparing their presentations at the hearing, the Undersigned intends to allocate half an hour for each of the six motions concerning expert witness testimony (for a total of three hours) and two hours for the summary judgment motion. Signed by Magistrate Judge Jonathan Goodman on 12/22/2021. (JG)
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Filing 293
PAPERLESS ORDER Setting Hearing on Motion #257 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy , 261 Defendant's SEALED MOTION for Summary Judgment and Incorporated Memorandum of Law, #265 Plaintiff's MOTION to Exclude Testimony of Steven Gissiner , #264 Plaintiff's MOTION to Exclude Testimony of David W. LaRue Ph.D. , #258 Defendant's MOTION to Exclude the Expert Report and Testimony of Lisa De Simone , 263 Defendant's SEALED MOTION to Exclude the Expert Report and Testimony of Barry Mukamal, #260 Defendant's MOTION to Exclude the Expert Report and Testimony of Bruce D. Pingree, Esq. : A Zoom Motion Hearing set for 1/24/2022 at 12:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. T hen enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1605500771?pwd=SytZQWhudGwwZkpESklOVWhwOE03dz09. Meeting ID: 160 550 0771. Passcode: 739895. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 12/22/2021. (fbn)
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SYSTEM ENTRY - Docket Entry 288 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 287 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 289 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 290 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 292 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 291 [misc] restricted/sealed until further notice. (745839)
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Filing 285
Plaintiff's REPLY to Response to Motion re #265 Plaintiff's MOTION to Exclude Testimony of Steven Gissiner filed by Eric Romano, Todd Romano. (Weinshall, Matthew)
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Filing 284
Plaintiff's REPLY to Response to Motion re #264 Plaintiff's MOTION to Exclude Testimony of David W. LaRue Ph.D. filed by Eric Romano, Todd Romano. (Weinshall, Matthew)
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Filing 283
Defendant's REPLY to #260 Defendant's MOTION to Exclude the Expert Report and Testimony of Bruce D. Pingree, Esq. by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Quintana, Marlene)
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Filing 282
Defendant's REPLY to #259 Defendant's MOTION to Exclude the Expert Report and Testimony of Barry Mukamal by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Quintana, Marlene)
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Filing 281
Defendant's REPLY to #258 Defendant's MOTION to Exclude the Expert Report and Testimony of Lisa De Simone by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Quintana, Marlene)
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Filing 280
Defendant's REPLY to #257 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Quintana, Marlene)
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Filing 279
Defendant's REPLY to #256 Statement,,, by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Quintana, Marlene)
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Filing 278
Defendant's REPLY to Response to Motion re #255 Defendant's MOTION for Summary Judgment Reply in Support of Motion for Summary Judgment filed by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quintana, Marlene)
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Filing 277
RESPONSE in Opposition re #265 Plaintiff's MOTION to Exclude Testimony of Steven Gissiner filed by John Hancock Life Insurance Company (USA). Replies due by 12/21/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Quintana, Marlene)
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Filing 276
RESPONSE in Opposition re #264 Plaintiff's MOTION to Exclude Testimony of David W. LaRue Ph.D. filed by John Hancock Life Insurance Company (USA). Replies due by 12/21/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Quintana, Marlene)
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Filing 271
RESPONSE in Opposition re #257 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy filed by Eric Romano, Todd Romano. Replies due by 12/21/2021. (Attachments: #1 Affidavit Declaration of Matthew Weinshall, #2 Exhibit A -- Levy Report, #3 Exhibit B -- Levy Transcript)(Weinshall, Matthew)
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Filing 270
RESPONSE in Opposition re #260 Defendant's MOTION to Exclude the Expert Report and Testimony of Bruce D. Pingree, Esq. filed by Eric Romano, Todd Romano. Replies due by 12/21/2021. (Attachments: #1 Affidavit Declaration of Matthew Weinshall, #2 Exhibit A -- Pingree Report)(Weinshall, Matthew)
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Filing 269
RESPONSE in Opposition re #258 Defendant's MOTION to Exclude the Expert Report and Testimony of Lisa De Simone filed by Eric Romano, Todd Romano. Replies due by 12/21/2021. (Attachments: #1 Affidavit Declaration of Matthew Weinshall, #2 Exhibit A -- De Simone Report, #3 Exhibit B -- LaRue Report, #4 Exhibit C -- De Simone Deposition, #5 Exhibit D -- LaRue Deposition)(Weinshall, Matthew)
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Filing 268
RESPONSE in Opposition re #259 Defendant's MOTION to Exclude the Expert Report and Testimony of Barry Mukamal filed by Eric Romano, Todd Romano. Replies due by 12/21/2021. (Attachments: #1 Affidavit Declaration of Matthew Weinshall, #2 Exhibit A -- Mukamal Report, #3 Exhibit B -- Carlson Deposition, #4 Exhibit C - Alvino Deposition, #5 Exhibit D -- Subbaraman Deposition, #6 Exhibit E -- Financial Statements, #7 Exhibit F -- Discovery Responses, #8 Exhibit G -- Mukamal Deposition)(Weinshall, Matthew)
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Filing 267
RESPONSE in Opposition re #255 Defendant's MOTION for Summary Judgment filed by Eric Romano, Todd Romano. Replies due by 12/21/2021. (Weinshall, Matthew)
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Filing 266
Statement of: Plaintiffs in response to Statement of Material Facts of Defendant Regarding Summary Judgment by Eric Romano, Todd Romano re #256 Statement,,, (Attachments: #1 Affidavit Declaration of Matthew Weinshall, #2 Exhibit A -- Cobey Deposition Transcript, #3 Exhibit B -- Hamilton Deposition Transcript, #4 Exhibit C -- Gissiner Deposition Transcript, #5 Exhibit D -- Holden Deposition Transcript, #6 Exhibit E -- De Simone Rebuttal Report, #7 Exhibit F -- Levy Report, #8 Exhibit G -- Mukamal Deposition Excerpts, #9 Exhibit H -- Carlson Deposition Excerpts, #10 Exhibit I -- Wang Deposition Excerpts, #11 Exhibit J -- Alvino Deposition Excerpts, #12 Exhibit K, #13 Exhibit L -- Subbaraman Deposition Excerpts, #14 Exhibit P, #15 Exhibit Q, #16 Exhibit R, #17 Exhibit S, #18 Exhibit T, #19 Exhibit U, #20 Exhibit V, #21 Exhibit W, #22 Exhibit X, #23 Exhibit Y -- Mukamal Report)(Weinshall, Matthew)
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Filing 265
Plaintiff's MOTION to Exclude Testimony of Steven Gissiner by Eric Romano, Todd Romano. (Attachments: #1 Affidavit Declaration of Matthew Weinshall, #2 Exhibit A -- Gissiner Initial Report, #3 Exhibit B -- Gissiner Rebuttal Report, #4 Exhibit C -- Gissiner Deposition Transcript)(Weinshall, Matthew)
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Filing 264
Plaintiff's MOTION to Exclude Testimony of David W. LaRue Ph.D. by Eric Romano, Todd Romano. (Attachments: #1 Affidavit Declaration of Matthew Weinshall, #2 Exhibit A -- LaRue Report, #3 Exhibit B -- LaRue Rebuttal, #4 Exhibit C -- LaRue Deposition Transcript)(Weinshall, Matthew)
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Filing 260
Defendant's MOTION to Exclude the Expert Report and Testimony of Bruce D. Pingree, Esq. by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Errata 3)(Quintana, Marlene)
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Filing 259
Defendant's MOTION to Exclude the Expert Report and Testimony of Barry Mukamal by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Quintana, Marlene)
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Filing 258
Defendant's MOTION to Exclude the Expert Report and Testimony of Lisa De Simone by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Quintana, Marlene)
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Filing 257
Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Quintana, Marlene)
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Filing 256
Statement of: of Material Facts in Support of Motion for Summary Judgment by John Hancock Life Insurance Company (USA) re #255 Defendant's MOTION for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Quintana, Marlene)
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Filing 255
Defendant's MOTION for Summary Judgment by John Hancock Life Insurance Company (USA). Responses due by 12/28/2021 (Quintana, Marlene)
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Filing 254
NOTICE by John Hancock Life Insurance Company (USA) re #214 Statement, #170 Memorandum, #240 Notice (Other),,,, #234 Reply to Response to Motion, #235 Response/Reply (Other), #169 Notice (Other),,,, #200 Affidavit,, #236 Reply to Response to Motion, #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone re #48 Scheduling Order,, , #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. re #48 Scheduling Order,, , #172 Memorandum, #197 Affidavit,, #173 Memorandum, #233 Reply to Response to Motion, #213 Amended MOTION for Summary Judgment and Memorandum of Law, #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Scheduling Order,, , #177 Statement, #196 Response in Opposition to Motion, #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy re #48 Scheduling Order,, , #195 Response in Opposition to Motion, #232 Reply to Response to Motion, #179 Notice (Other),,, #171 Memorandum, #215 Notice (Other), #237 Reply to Response to Motion, #199 Memorandum, Defendant's Notice of Withdrawal of Motions in Accordance with the Court's Order Dated December 7, 2021 (ECF No. 247) (Quintana, Marlene)
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Filing 253
NOTICE OF WITHDRAWAL OF MOTION by Eric Romano, Todd Romano re #178 Plaintiff's MOTION to Exclude Proffered Testimony of Steven K. Gissiner filed by Eric Romano, Todd Romano (Weinshall, Matthew)
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Filing 252
NOTICE OF WITHDRAWAL OF MOTION by Eric Romano, Todd Romano re #176 Plaintiff's MOTION to Exclude Proffered Testimony of David W. LaRue, Ph.D. filed by Eric Romano, Todd Romano (Weinshall, Matthew)
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SYSTEM ENTRY - Docket Entry 263 [motion] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 286 [misc] restricted/sealed until further notice. (1246373)
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SYSTEM ENTRY - Docket Entry 275 [misc] restricted/sealed until further notice. (1246373)
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SYSTEM ENTRY - Docket Entry 262 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 261 [motion] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 272 [misc] restricted/sealed until further notice. (1246373)
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SYSTEM ENTRY - Docket Entry 273 [misc] restricted/sealed until further notice. (1246373)
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SYSTEM ENTRY - Docket Entry 274 [misc] restricted/sealed until further notice. (1246373)
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Filing 251
Order Scheduling Mediation before Robert Meyer. Mediation Hearing set for January 20, 2022. Signed by Magistrate Judge Jonathan Goodman on 12/8/2021. See attached document for full details. (dw00)
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Filing 250
NOTICE of Mediator Selection and Hearing. Selected/Added Robert Meyer as Mediator. Mediation Hearing set for 1/20/2022. (Attachments: #1 Text of Proposed Order)(Weinshall, Matthew)
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Filing 249
NOTICE of Striking #246 Notice of Mediator Selection and/or Hearing filed by Robert Meyer by Eric Romano, Todd Romano (Weinshall, Matthew)
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Deadline(s)/Hearing(s) terminated regarding Zoom Hearing on Motion #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal,, #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy, #176 Plaintiff's MOTION to Exclude Proffered Testimony of David W. LaRue, Ph.D., #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone, #178 Plaintiff's MOTION to Exclude Proffered Testimony of Steven K. Gissiner, #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. per DE# 247. (fbn)
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Filing 248
Clerks Notice to Filer re #246 Notice of Mediator Selection and/or Hearing. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (mee)
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Filing 247
Order Cancelling Hearing and Requiring Organized Submissions. Signed by Magistrate Judge Jonathan Goodman on 12/7/2021. See attached document for full details. (dw00)
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Filing 246
(STRICKEN PER DE#249 ) NOTICE of Mediator Selection and Hearing. Selected/Added Robert Meyer as Mediator. Mediation Hearing set for 1/20/2022 at 9:30 a.m.. (Attachments: #1 Text of Proposed Order)(Prieto, Peter) Modified Text on 12/8/2021 (cds).
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Filing 245
PAPERLESS ORDER regarding the December 10, 2021, 1:30PM hearing on #165 , #166 , #167 , #168 , #176 , and #178 . The Undersigned has set aside thirty minutes for each of the six motions, for a total of three hours. Counsel should prepare their presentations with these time limitations in mind. Signed by Magistrate Judge Jonathan Goodman on 12/6/2021. (dw00)
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Filing 244
PAPERLESS ORDER granting #238 Defendant's Motion to File Daubert Replies Under Seal. Signed by Magistrate Judge Jonathan Goodman on 12/6/2021. (dw00)
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Filing 243
Clerks Notice to Filer re 239 SEALED MOTION. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was corrected by the Clerk. It is not necessary to refile this document. (nc)
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Filing 240
NOTICE by John Hancock Life Insurance Company (USA) re #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone re #48 Scheduling Order,, , #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. re #48 Scheduling Order,, , #213 Amended MOTION for Summary Judgment and Memorandum of Law, #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Scheduling Order,, , #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy re #48 Scheduling Order,, (Attachments: #1 Affidavit Omnibus Declaration of DeMario M. Carswell in Support of Defendant John Hancock Life Insurance Company (U.S.A.)'s Replies in Support of its Motion for Summary Judgment and Motions to Exclude the Expert Report and Testimony of Roger Levy, Esquire, Bruce Pingree, Esquire, Barry Mukamal and Lisa DeSimone, Ph.D, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Quintana, Marlene)
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Filing 238
Defendant's MOTION to Seal to File Reply Material Under Seal per Local Rule 5.4 by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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SYSTEM ENTRY - Docket Entry 239 [motion] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 242 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 241 [misc] restricted/sealed until further notice. (745839)
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Filing 237
Defendant's REPLY to Response to Motion re #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone re #48 Scheduling Order,, Defendant John Hancock Life Insurance Company (U.S.A.)'s Reply in Support of its Motion to Exclude the Expert Report and Testimony of Lisa DeSimone, Ph.D filed by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 236
Defendant's REPLY to Response to Motion re #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Scheduling Order,, Defendant John Hancock Life Insurance Company (U.S.A.)'s Reply in Support of its Motion to Exclude the Expert Report and Testimony of Barry Mukamal filed by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 235
Defendant's REPLY to #204 Statement, #193 Corrected MOTION for Summary Judgment and Incorporated Memorandum of Law Defendant John Hancock Life Insurance Company (U.S.A.)'s Reply Statement of Facts in Support of its Corrected Motion for Summary Judgment (Redacted) by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 234
Defendant's REPLY to Response to Motion re #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy re #48 Scheduling Order,, Defendant John Hancock Life Insurance Company (U.S.A.)'s Reply in Support of its Motion to Exclude the Expert Reports and Testimony of Roger Levy filed by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 233
Defendant's REPLY to Response to Motion re #193 Corrected MOTION for Summary Judgment and Incorporated Memorandum of Law Defendant John Hancock Life Insurance Company (U.S.A.)'s Reply in Support of Motion for Summary Judgment filed by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 232
REPLY to Response to Motion re #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. re #48 Scheduling Order,, Defendant John Hancock Life Insurance Company (U.S.A.)'s Reply in Support of its Motion to Exclude the Expert Reports and Testimony of Bruce D. Pingree, Esq. filed by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 231
NOTICE by John Hancock Life Insurance Company (USA) of Withdrawal of the First Under Seal Version of Amended Corrected Motion for Summary Judgment (DE 216) and Supporting Documents (DE 217) and (DE 218) (Quintana, Marlene)
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Filing 230
NOTICE OF WITHDRAWAL OF MOTION by John Hancock Life Insurance Company (USA) re #193 Corrected MOTION for Summary Judgment and Incorporated Memorandum of Law filed by John Hancock Life Insurance Company (USA) (Quintana, Marlene)
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Filing 229
PAPERLESS ORDER regarding 227 Paperless Order Setting Hearing on #165 , #166 , #167 , #168 , #176 , and #178 . Chambers received a telephone call inquiring whether the December 10, 2021, 1:30PM hearing will be an evidentiary hearing.It will not be an evidentiary hearing. Neither Plaintiffs nor Defendant requested an evidentiary hearing in any of their respective motions. Defendant requested only oral argument for its four motions, representing in each motion that thirty minutes of oral argument would suffice. Signed by Magistrate Judge Jonathan Goodman on 12/1/2021. (dw00)
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Filing 228
PAPERLESS ORDER regarding Hearing on Motion #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal, , #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy, #176 Plaintiff's MOTION to Exclude Proffered Testimony of David W. LaRue, Ph.D. , #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone, #178 Plaintiff's MOTION to Exclude Proffered Testimony of Steven K. Gissiner, #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. : A Zoom Hearing is set for 12/10/2021 at 1:30PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1600909601?pwd=S0ZFaFUzZ1FBM2lWcmFTblIrSTJodz09. Meeting ID: 160 090 9601. Passcode: 088813.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 12/1/2021. (fbn)
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Filing 227
PAPERLESS ORDER re 219 Defendant's SEALED MOTION Amended Corrected Motion for Summary Judgment and Memorandum of Law filed by John Hancock Life Insurance Company (USA), 216 Amended SEALED MOTION for Summary Judgment filed by John Hancock Life Insurance Company (USA), #213 Amended MOTION for Summary Judgment and Memorandum of Law filed by John Hancock Life Insurance Company (USA), #193 Corrected MOTION for Summary Judgment and Incorporated Memorandum of Law filed by John Hancock Life Insurance Company (USA) According to Benjamin Franklin (1706-1790), "for every minute spent organizing, an hour is earned."Franklin knew John Hancock (1737-1793), of course, but it's time for Franklin's advice about organization to be passed along to Defendant John Hancock Life Insurance Company. Specifically, it's time for Defendant to clean up the docket sheet by organizing and streamlining its summary judgment motions.On November 17, 2021, Hancock filed its Corrected Summary Judgment Motion [ECF No. 193]. On November 23, 2013, it filed its Amended Corrected Summary Judgment Motion. [ECF No. 213]. But it did not withdraw the earlier version of the summary judgment motion. So Hancock shall by December 3, 2021 file a formal withdrawal of its earlier motion.Later, on November 23, 2021, Hancock filed under seal its Amended Corrected Summary Judgment motion. [ECF No. 216]. But this submission, though made under seal, still contained redactions. It should not have. Hancock apparently realized its mistake, and on November 29, 2021 filed under seal an unredacted version of the same motion. But the earlier, under-seal version of the same motion is still on the docket. So Hancock shall by December 3, 2021 file a formal withdrawal of the first under-seal version of its Amended Corrected Summary Judgment Motion [ECF No. 216]. Signed by Magistrate Judge Jonathan Goodman on 11/30/2021. (JG)
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Filing 225
NOTICE by Eric Romano, Todd Romano re #207 Response in Opposition to Motion, #212 Order on Motion to Seal, #208 Response in Opposition to Motion, #209 Affidavit, #206 Response in Opposition to Motion, #203 Response in Opposition to Motion, #204 Statement, #205 Response in Opposition to Motion, Plaintiffs' Notice of Filing Unredacted Materials Regarding Plaintiffs' Responses to Defendant's Daubert and Summary Judgment Motions (Attachments: #1 Unredacted Response to Defendant's Motion for Summary Judgment, #2 Public Version of Plaintiffs' Statement in Response to Defendant's Statement of Material Facts and Additional Facts, #3 Public Version of of Plaintiffs' Response in Opposition to Defendant's Motion to Exclude the Testimony of Barry Mukamal, #4 Affidavit Omnibus Declaration of Matthew P. Weinshall in Support of Plaintiffs' Responses to Defendant's Summary Judgment and Daubert Motions, #5 Exhibit A -- Deposition of Bruce Cobey Excerpts, #6 Exhibit B -- Deposition of Bonnie Hamilton Excerpts, #7 Exhibit C -- Deposition of Steven Gissiner Excerpts, #8 Exhibit D -- Deposition of Keith Holden Excerpts, #9 Exhibit E -- Rebuttal Report of Lisa De Simone, Ph.D., #10 Exhibit F -- Report of Roger Levy, #11 Exhibit G -- Deposition of Barry Mukamal Excerpts, #12 Exhibit H -- Deposition of Rick Carlson Excerpts, #13 Exhibit I -- Deposition of Xin Wang Excerpts, #14 Exhibit J -- Deposition of Jaqueline Alvino Excerpts, #15 Exhibit K, #16 Exhibit L -- Deposition of Paddy Subbaraman Excerpts, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y -- Report of Barry Mukamal, #27 Exhibit Z -- Rebuttal Report of Roger Levy, #28 Exhibit AA -- Deposition of Roger Levy Excerpts, #29 Exhibit BB -- Deposition of Lisa De Simone Excerpts, #30 Exhibit CC -- Bruce Pingree Report, #31 Exhibit DD -- Bruce Pingree Rebuttal Report, #32 Exhibit EE -- Bruce Pingree Deposition, #33 Exhibit FF -- JHUSA Financial Statements, #34 Exhibit GG -- Defendant's Discovery Responses, #35 Exhibit HH -- Report of David LaRue, Ph.D., #36 Exhibit II -- Deposition of David LaRue Excerpts) (Weinshall, Matthew)
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SYSTEM ENTRY - Docket Entry 226 [misc] restricted/sealed until further notice. (1246373)
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Filing 224
Plaintiff's REPLY to Response to Motion re #178 Plaintiff's MOTION to Exclude Proffered Testimony of Steven K. Gissiner filed by Eric Romano, Todd Romano. (Weinshall, Matthew)
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Filing 223
Plaintiff's REPLY to Response to Motion re #176 Plaintiff's MOTION to Exclude Proffered Testimony of David W. LaRue, Ph.D. filed by Eric Romano, Todd Romano. (Weinshall, Matthew)
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Filing 222
NOTICE of Striking by John Hancock Life Insurance Company (USA) (Quintana, Marlene)
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SYSTEM ENTRY - Docket Entry 220 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 219 [motion] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 221 [misc] restricted/sealed until further notice. (745839)
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Filing 215
NOTICE by John Hancock Life Insurance Company (USA) re 198 Order,,,,, of Public Filing of Exhibits in Support of Motion for Summary Judgment (Attachments: #1 Exhibit 7, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 15, #7 Exhibit 16, #8 Exhibit 24, #9 Exhibit 28, #10 Exhibit 29, #11 Exhibit 33, #12 Exhibit 37) (Quintana, Marlene)
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Filing 214
Statement of: Amended Statement of Material Facts in Support of Motion for Summary Judgment by John Hancock Life Insurance Company (USA) re #213 Amended MOTION for Summary Judgment and Memorandum of Law (Quintana, Marlene)
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Filing 213
Amended MOTION for Summary Judgment and Memorandum of Law by John Hancock Life Insurance Company (USA). Responses due by 12/7/2021 (Quintana, Marlene)
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Filing 212
ORDER granting #210 Plaintiffs' Motion to Seal Unredacted Summary Judgment and Daubert Responses. Signed by Magistrate Judge Jonathan Goodman on 11/23/2021. See attached document for full details. (dw00)
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Filing 211
Clerks Notice to Filer re 201 Sealed Document, 202 Sealed Document,. Document Not Captioned; In the future when filing a Sealed Document the Filer must file a Notice of Filing with the attached Exhibit with the proper caption pursuant to Local Rules. It is not necessary to refile these documents. (nc)
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Filing 210
Plaintiff's MOTION to Seal Unredacted Summary Judgment and Daubert Responses and Exhibits thereto per Local Rule 5.4 by Eric Romano, Todd Romano. (Weinshall, Matthew)
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Filing 209
AFFIDAVIT in support signed by: Matthew P. Weinshall re #207 Response in Opposition to Motion, #208 Response in Opposition to Motion, #206 Response in Opposition to Motion, #204 Statement, #205 Response in Opposition to Motion, by Eric Romano, Todd Romano (Attachments: #1 Exhibit CC -- Pingree Report, #2 Exhibit DD -- Pingree Rebuttal, #3 Exhibit GG -- Discovery responses)(Weinshall, Matthew)
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Filing 208
RESPONSE in Opposition re #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy re #48 Scheduling Order,, filed by Eric Romano, Todd Romano. Replies due by 11/30/2021. (Weinshall, Matthew)
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Filing 207
RESPONSE in Opposition re #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. re #48 Scheduling Order,, filed by Eric Romano, Todd Romano. Replies due by 11/30/2021. (Weinshall, Matthew)
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Filing 206
RESPONSE in Opposition re #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone re #48 Scheduling Order,, filed by Eric Romano, Todd Romano. Replies due by 11/30/2021. (Weinshall, Matthew)
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SYSTEM ENTRY - Docket Entry 218 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 217 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 216 [motion] restricted/sealed until further notice. (745839)
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Filing 205
RESPONSE in Opposition re #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Scheduling Order,, REDACTED VERSION filed by Eric Romano, Todd Romano. Replies due by 11/29/2021. (Weinshall, Matthew)
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Filing 204
Statement of: in Response to Defendant's Statement of Material Facts and of Additional Facts REDACTED VERSION by Eric Romano, Todd Romano re #177 Statement (Weinshall, Matthew)
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Filing 203
RESPONSE in Opposition re #193 Corrected MOTION for Summary Judgment and Incorporated Memorandum of Law REDACTED VERSION filed by Eric Romano, Todd Romano. Replies due by 11/29/2021. (Weinshall, Matthew)
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Filing 200
AFFIDAVIT in Support re 198 Order,,,,, 183 Order on Motion to Seal,,,,,,,,,,,,,,,,,,,,,,, Amended Omnibus Declaration of DeMario M. Carswell in Support of Defendant's Motions to Exclude the Expert Reports and Testimony of Roger Levy, Esq., Bruce Pingree, Esq., Barry Mukamal and Lisa De Simone by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 3, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 14, #9 Exhibit 15)(Quintana, Marlene)
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Filing 199
MEMORANDUM in Support re 198 Order,,,,, 183 Order on Motion to Seal,,,,,,,,,,,,,,,,,,,,,,, Defendant's Memorandum in Support of its Motion to Exclude the Expert Reports and Testimony of Roger Levy, Esquire by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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SYSTEM ENTRY - Docket Entry 202 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 201 [misc] restricted/sealed until further notice. (745839)
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Filing 198
PAPERLESS ORDER re #181 Plaintiff's MOTION to Seal Documents in Support of Plaintiffs' Daubert Motions per Local Rule 5.4 filed by Eric Romano, Todd Romano In an earlier Order, the Court required (assuming that redactions are involved) the parties to file two versions of materials filed in connection with summary judgment and Daubert material: a redacted, publicly-filed one and an unredacted, under-seal version, which should be highlighted in a way to clearly show which motions of the motions, memoranda, exhibits and deposition transcripts are redacted in the publicly-filed versions.The Order did not, however, impose a deadline for when the under-seal versions needed to be filed.Meanwhile, the Undersigned has noticed a rash of redacted filings in the past two weeks concerning summary judgment motions and Daubert challenges. As of yet, the parties have not submitted the corresponding under-seal filings.In order to promote efficiency while simultaneously avoiding confusion and perhaps angst, the Court is now providing a deadline:The under-seal filings for the materials already filed publicly shall be made within 10 days of today, and the under-seal filings for any summary judgment or Daubert submission to be made in the future shall be made within one week of the public filing of the redacted version. Signed by Magistrate Judge Jonathan Goodman on 11/18/2021. (JG)
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Filing 197
AFFIDAVIT in Support re #196 Response in Opposition to Motion, #195 Response in Opposition to Motion, Omnibus Declaration of DeMario M. Carswell in Support of Defendant John Hancock Life Insurance Company (U.S.A.)'s Oppositions to Exclude the Testimony of David W. LaRue, Ph.D. and Steven K. Gissener by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Quintana, Marlene)
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Filing 196
RESPONSE in Opposition re #178 Plaintiff's MOTION to Exclude Proffered Testimony of Steven K. Gissiner Defendant John Hancock Life Insurance Company (U.S.A.)'s Opposition to Plaintiffs' Daubert Motion to Exclude Proffered Testimony of Steven K. Gissiner filed by John Hancock Life Insurance Company (USA). Replies due by 11/24/2021. (Quintana, Marlene)
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Filing 195
RESPONSE in Opposition re #176 Plaintiff's MOTION to Exclude Proffered Testimony of David W. LaRue, Ph.D. Defendant John Hancock Life Insurance Company (U.S.A.)'s Opposition to Plaintiffs' Daubert Motion to Exclude Proffered Testimony of David W. LaRue, Ph.D. filed by John Hancock Life Insurance Company (USA). Replies due by 11/24/2021. (Quintana, Marlene)
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Filing 194
NOTICE OF WITHDRAWAL OF MOTION by John Hancock Life Insurance Company (USA) re #175 Defendant's MOTION for Summary Judgment filed by John Hancock Life Insurance Company (USA) and (DE 180) Memorandum in Support of its Motion for Summary Judgment (Quintana, Marlene)
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Filing 193
Corrected MOTION for Summary Judgment and Incorporated Memorandum of Law by John Hancock Life Insurance Company (USA). Responses due by 12/1/2021 (Quintana, Marlene)
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Filing 192
PAPERLESS ORDER granting #191 Defendant's Unopposed Motion for Leave to File Corrected Motion for Summary Judgment. After filing the corrected motion, Defendant shall file a notice withdrawing #175 Defendant's Motion for Summary Judgment and #180 Defendant's Memorandum in Support of its Motion for Summary Judgment. Signed by Magistrate Judge Jonathan Goodman on 11/17/2021. (dw00)
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Filing 191
Unopposed MOTION for Leave to File Corrected Motion for Summary Judgment and Incorporated Memorandum of Law by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quintana, Marlene)
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Filing 190
NOTICE of Compliance Plaintiffs' Notice of Compliance with Order Regarding Class Certification and Summary Judgment Motions by Eric Romano, Todd Romano re 182 Order,,,,, (Weinshall, Matthew)
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Filing 189
NOTICE by John Hancock Life Insurance Company (USA) re 182 Order,,,,, (Quintana, Marlene)
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Filing 188
PAPERLESS ORDER granting #184 Motion for Extension of Time to File. Plaintiffs shall have until November 22, 2021 to file responses to Defendant's summary judgment motion and 4 Daubert motions.In fairness to Defendant, John Hancock will have a similar enlargement, through December 2, 2021, to file replies to the five motions listed above. Defense counsel will still be able to visit his father in Arizona.Concerning the Order [ECF No. 182] requiring the Parties' positions on the timing of rulings on the class certification and summary judgment motions, the Order seeks positions, not extensive briefing. If the parties want to succinctly explain their position, then they may do so -- but only in a Notice incorporating their position of no more than one double-spaced page, excluding signature block and certificate of service. Less is more here. Signed by Magistrate Judge Jonathan Goodman on 11/13/2021. (JG)
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Filing 187
Plaintiff's REPLY to Response to Motion re #184 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #170 Memorandum, #173 Memorandum, #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Sche filed by Eric Romano, Todd Romano. (Weinshall, Matthew)
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Filing 186
AFFIDAVIT in Support re #185 Response in Opposition to Motion,, Declaration of James O. Fleckner in Support of John Hancock's Opposition to Plaintiffs' Motion to Extend Time Limits for Daubert and Summary Judgment Motions by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit A, #2 Exhibit B)(Quintana, Marlene)
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Filing 185
RESPONSE in Opposition re #184 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #170 Memorandum, #173 Memorandum, #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Sche Defendant's Opposition to Plaintiffs' Motion to Extend Time Limits for Daubert and Summary Judgment Motions filed by John Hancock Life Insurance Company (USA). Replies due by 11/19/2021. (Quintana, Marlene)
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Filing 184
Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #170 Memorandum, #173 Memorandum, #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Scheduling Order,, , #177 Statement, #180 Memorandum, #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy re #48 Scheduling Order,, , #175 Defendant's MOTION for Summary Judgment , #179 Notice (Other),,, #169 Notice (Other),,,, #171 Memorandum, #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone re #48 Scheduling Order,, , #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. re #48 Scheduling Order,, , #172 Memorandum, by Eric Romano, Todd Romano. (Weinshall, Matthew)
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Filing 183
PAPERLESS ORDER granting in part and denying in part #164 Defendant's Motion to Seal Daubert material; granting in part and denying in part #174 Defendant's Motion to Seal Summary Judgment Material; and granting in part and denying in part #181 Plaintiff's Motion to Seal Daubert Material.The parties are required to confer about the public filing of redacted motions, memoranda and exhibits, with an eye toward promoting the broadest amount of public filing (and the least amount of under-seal filing) concerning Defendant's summary judgment motion and the Daubert motions filed by both sides. The wholesale designation of entire deposition transcripts as confidential and worthy of under-seal filing is inconsistent with the presumptively public nature of our Courts and the case filings.Once the parties confer and (hopefully) reach agreements on how certain materials can be publicly filed, they shall file under seal, in unredacted format, the exhibits, transcripts, and memoranda which contain material legitimately worthy of under-seal status. These unredacted, under-seal filings shall highlight (in a manner which makes it easy for a reader to discern which portions are so sensitive that they must be kept secret from the public) all portions which are being redacted, and that party shall also publicly file the redacted versions of all submissions filed under seal. Therefore, concerning the summary judgment motion and Daubert motions, any under-seal filing must have a publicly-filed, redacted version and the under-seal submission must clearly show what portions of the motion, memoranda, exhibits and deposition transcripts are redacted in the publicly-filed version. Signed by Magistrate Judge Jonathan Goodman on 11/9/2021. (dw00)
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Filing 182
PAPERLESS ORDER re #94 Plaintiff's MOTION to Certify Class REDACTED VERSION filed by ERIC ROMANO, Todd Romano, 103 Sealed Document,,,,,, filed by ERIC ROMANO, Todd Romano, #175 Defendant's MOTION for Summary Judgment filed by John Hancock Life Insurance Company (USA) This Order requires notice concerning the Parties' views about the pendency of two motions: Plaintiffs' motion for class certification [ECF Nos. 94 and 103, both redacted and unredacted versions] and Defendant's summary judgment motion, filed yesterday [ECF No. 175].The Court would like to know each side's position on whether a ruling on the class certification motion is required to be entered before the issuance of a ruling on the summary judgment motion, whether a ruling on the class certification motion is advisable or preferred (but not required) before the issuance of a ruling on the summary judgment motion or whether the timing of any future substantive rulings on the two motions is unimportant (and that either ruling can be issued before the other without substantive or procedural consequences in this case). Each side shall file the notice by Monday, November 15, 2021. Signed by Magistrate Judge Jonathan Goodman on 11/9/2021. (JG)
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Filing 181
Plaintiff's MOTION to Seal Documents in Support of Plaintiffs' Daubert Motions per Local Rule 5.4 by ERIC ROMANO, Todd Romano. (Weinshall, Matthew)
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Filing 180
MEMORANDUM in Support re #175 Defendant's MOTION for Summary Judgment by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 179
NOTICE by John Hancock Life Insurance Company (USA) re #175 Defendant's MOTION for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37) (Quintana, Marlene)
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Filing 178
Plaintiff's MOTION to Exclude Proffered Testimony of Steven K. Gissiner by ERIC ROMANO, Todd Romano. (Weinshall, Matthew)
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Filing 177
Statement of: Material Facts in Support of by John Hancock Life Insurance Company (USA) re #175 Defendant's MOTION for Summary Judgment (Quintana, Marlene)
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Filing 176
Plaintiff's MOTION to Exclude Proffered Testimony of David W. LaRue, Ph.D. by ERIC ROMANO, Todd Romano. (Weinshall, Matthew)
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Filing 175
Defendant's MOTION for Summary Judgment by John Hancock Life Insurance Company (USA). Responses due by 11/22/2021 (Quintana, Marlene)
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Filing 174
Defendant's MOTION to Seal Summary Judgment Materials per Local Rule 5.4 by John Hancock Life Insurance Company (USA). (Attachments: #1 Text of Proposed Order) (Quintana, Marlene)
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Filing 173
MEMORANDUM in Support re #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 172
MEMORANDUM in Support re #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 171
MEMORANDUM in Support re #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 170
MEMORANDUM in Support re #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 169
NOTICE by John Hancock Life Insurance Company (USA) re #166 Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone re #48 Scheduling Order,, , #167 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. re #48 Scheduling Order,, , #168 Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Scheduling Order,, , #165 Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy re #48 Scheduling Order,, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Supplement 15) (Quintana, Marlene)
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Filing 168
Defendant's MOTION to Exclude the Expert Report and Testimony of Plaintiff's Expert Barry Mukamal re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 167
Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Bruce D. Pingree, Esq. re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 166
Defendant's MOTION to Exclude the Rebuttal Expert Report and Testimony of Plaintiff's Rebuttal Expert Lisa De Simone re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 165
Defendant's MOTION to Exclude the Expert Reports and Testimony of Plaintiff's Expert Roger Levy re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 164
Defendant's MOTION to Seal Daubert Material per Local Rule 5.4 by John Hancock Life Insurance Company (USA). (Attachments: #1 Text of Proposed Order) (Quintana, Marlene)
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Filing 163
PAPERLESS ORDER granting #162 Plaintiffs' Motion for Extension of Time to Take Expert Depositions. The deadline to take expert depositions is extended to October 29, 2021. Signed by Magistrate Judge Jonathan Goodman on 10/26/2021. (dw00)
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Filing 162
Unopposed MOTION for Extension of Time One-Day Extension of Time to Take Expert Depositions re 121 Order on Motion for Extension of Time by ERIC ROMANO, Todd Romano. Responses due by 11/9/2021 (Attachments: #1 Text of Proposed Order)(Weinshall, Matthew)
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Filing 161
MEMORANDUM of Law re 160 Order on Motion to Strike,,, #159 Plaintiff's MOTION to Strike #157 Memorandum Plaintiffs' Motion to Strike Defendant's Improper Brief, or in the alternative, for Leave to File a Response, #157 Memorandum Plaintiffs' Court-Approved Supplemental Memorandum Regarding Burden of Proof Standard for Class Certification by ERIC ROMANO, Todd Romano. (Weinshall, Matthew)
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Filing 160
PAPERLESS ORDER granting in part #159 Motion to Strike #159 Plaintiff's MOTION to Strike #157 Memorandum Plaintiffs' Motion to Strike Defendant's Improper Brief, or in the alternative, for Leave to File a Response. The Court will not strike John Hancock's Memorandum, but Plaintiff may by October 19, 2021 file the proposed memorandum it attached as an exhibit to its motion to strike by separately filing it as a new document entitled "Court-Approved Supplemental Memorandum Re: Burden of Proof Standard for Class Certification." There will be no further briefing on any issue or sub-issue related to the pending class certification motion unless expressly authorized by the Undersigned. Signed by Magistrate Judge Jonathan Goodman on 10/16/2021. (JG)
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Filing 159
Plaintiff's MOTION to Strike #157 Memorandum Plaintiffs' Motion to Strike Defendant's Improper Brief, or in the alternative, for Leave to File a Response by ERIC ROMANO, Todd Romano. Responses due by 11/1/2021 (Attachments: #1 Plaintiffs' Response to Defendant's New Arguments Regarding Class Certification)(Weinshall, Matthew)
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Filing 158
NOTICE by John Hancock Life Insurance Company (USA) re 153 Order,,,,,,,,, Defendant John Hancock Life Insurance Company (U.S.A.)'s Notice Regarding Withdrawal of Redaction Request (Quintana, Marlene)
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Filing 157
MEMORANDUM of Law re #150 Order Defendant John Hancock's Post Class Certification Submission by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 156
MEMORANDUM of Law re #94 Plaintiff's MOTION to Certify Class REDACTED VERSION, #150 Order Plaintiffs' Supplemental Brief Regarding Burden of Proof for Class Certification by ERIC ROMANO, Todd Romano. (Weinshall, Matthew)
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SYSTEM ENTRY - Docket Entry 155 [misc] restricted/sealed until further notice. (nc)
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Filing 154
TRANSCRIPT of REDACTED Motion Hearing Conducted via Zoom (Transcribed from the Audio Recording) held on October 6, 2021, before Magistrate Judge Jonathan Goodman, 1-129 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022. (le)
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Filing 153
PAPERLESS ORDER re #32 Order On December 23, 2019, the Court entered [ECF No. 32] a Stipulated Confidentiality and Protective Order. Paragraph 9 of the Order provides that "The Parties' determination that any documents are to be sealed is not binding on the Court."During a recent hearing on Plaintiffs' Class Certification motion, counsel for Defendant John Hancock told the Court that references in the hearing to the dollar amount of foreign tax credits which John Hancock retained (allegedly improperly) during the years in question should be sealed in the hearing transcript. That comment then led to a discussion of the Court's ruling on the motion. If Defendant's position were to control, then the Court would either be prohibited from mentioning that dollar amount in the Order or would need to file two different versions of the Order (one redacted, blocking out the dollar amount and filed on the CM/ECF publicly-accessible docket, and one unredacted, with the dollar amount, but filed under seal so that the information is secret from the public).The mere fact that John Hancock may prefer to keep the dollar amount secret from the public does not dictate the form in which the Order will be drafted. Court orders are presumptively open to the public, especially when involving a substantive ruling on a matter which could impact thousands of potential class members (regardless of whether the class certification motion were to be granted or denied).The parties shall by October 20, 2021 filed a memorandum of no more than five double-spaced pages (excluding signature block and certificate of service), explaining whether the to-be-issued Order needs to either not mention the dollar amount of the foreign tax credits or be filed under seal in a version which mentions it. If Defendant John Hancock were to posit that the information is Confidential and cannot be mentioned or must be filed in both a redacted and sealed format, then it must disclose whether information about the amount of foreign tax credits it has retained has been publicly mentioned in any memoranda, motion, submission, or Court filing or Order in any lawsuit within the past five years. Signed by Magistrate Judge Jonathan Goodman on 10/11/2021. (JG)
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Filing 152
NOTICE by ERIC ROMANO, Todd Romano re #1 Complaint, Notice of Withdrawal of Requests for Injunctive and Declaratory Relief (Weinshall, Matthew)
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Filing 151
TRANSCRIPT of Motion Hearing held on 9/21/2021 before Magistrate Judge Jonathan Goodman, 1-83 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (apz)
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Filing 150
Post-Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 10/7/2021. See attached document for full details. (dw00)
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Filing 149
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Motion Hearing held on 10/6/2021 re #94 Plaintiff's MOTION to Certify Class REDACTED VERSION filed by ERIC ROMANO, Todd Romano. Post-Hearing Administrative Order to follow. Total time in court: 3 hour(s) : 10 minutes. Attorney Appearance(s): Katherine M. Fahey, Marlene Quintana, James O. Fleckner, Boris L. Zhadanovskiy, Matthew Weinshall, (Digital JG_01_10-06-2021/ Zoom) (fbn)
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SYSTEM ENTRY - Docket Entry 148 [misc] restricted/sealed until further notice. (1246373)
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Filing 146
PAPERLESS ORDER re 144 Sealed Document filed by ERIC ROMANO, Todd Romano Plaintiff's' third under-seal question is procedurally improper. It is actually four questions rolled up into one. Therefore, I will not ask it of Defendant at the hearing on the motion for class certification.If Plaintiffs wish to substitute another question, then they may do so by filing an amended list of under-seal questions by today. The newer version should be all-inclusive, and include the first two questions (or two other questions which Plaintiffs wish to substitute), as well as the question substituted for the unauthorized third question. Signed by Magistrate Judge Jonathan Goodman on 10/4/2021. (JG)
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SYSTEM ENTRY - Docket Entry 144 [misc] restricted/sealed until further notice. (1246373)
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SYSTEM ENTRY - Docket Entry 145 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 147 [misc] restricted/sealed until further notice. (1246373)
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Filing 143
PAPERLESS ORDER re 141 Order,,,,,, Set/Reset Deadlines/Hearings,,,,, Tomorrow morning's Zoom hearing will be canceled because it is no longer necessary. Within the past two hours, the Clerk's Office issued a revised criminal duty calendar for 2022 -- and I am no longer on duty for the two weeks of our special set trial calendar beginning March 7, 2022. Signed by Magistrate Judge Jonathan Goodman on 9/30/2021. (JG)
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Filing 142
Notice of Supplemental Authority re #107 Response in Opposition to Motion, by John Hancock Life Insurance Company (USA) (Attachments: #1 Exhibit A, #2 Exhibit B) (Quintana, Marlene)
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Deadline(s)/Hearing(s)ECF 141 terminated per ECF 143 . (fbn)
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Filing 141
PAPERLESS ORDER regarding Zoom Trial Scheduling Conference set for 10/01/2021 at 11:30AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1606867278?pwd=MlV5Y3JBRllIUEVGL1FLbmFYTWhSUT09. Meeting ID: 160 686 7278. Passcode: 607448.Counsel should have their calendars handy and be familiar with the schedules of their witnesses and experts.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 9/29/2021. (fbn)
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Filing 140
PAPERLESS ORDER re #48 Scheduling Order,,Approximately one hour ago, the Undersigned (and all other Miami-based magistrate judges) received our 2022 criminal duty calendar. I am scheduled for criminal duty during the week of March 14, which is the second week of the special set trial in the instant case.Given this development, we will need to reschedule the trial. The new starting date can either be earlier or later than the current March 7 trial start date.The Undersigned will be scheduling a Zoom hearing to discuss scheduling with counsel and to select a new special set trial date which is workable to all. Signed by Magistrate Judge Jonathan Goodman on 9/29/2021. (JG)
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Filing 139
ORDER denying #89 Defendant's Motion for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim. Signed by Magistrate Judge Jonathan Goodman on 9/28/2021. See attached document for full details. (dw00)
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Filing 137
Clerks Notice of Docket Correction re 135 Order Setting Hearing on Motion. Document Restricted Due to Error. (fbn)
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Filing 136
PAPERLESS ORDER Setting Hearing on Motion #94 Plaintiff's MOTION to Certify Class REDACTED VERSION : A Zoom Motion Hearing set for 10/6/2021 at 03:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman.All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1603340918?pwd=QzJRVkMxZ2lXMTFCR3hiUUpGMnN4QT09. Meeting ID: 160 334 0918. Passcode: 190317.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 9/27/2021. (fbn)
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Filing 134
PAPERLESS ORDER re: Zoom Motion Hearing on #94 Plaintiff's Motion for Class Certification scheduled for October 6, 2021 at 3:00PM in the Miami Division before Magistrate Judge Jonathan Goodman.The parties may, by October 4, 2021 at 5:00PM, file under seal an optional list of three (3) specific, succinct questions which they would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, exhibits, the arguments raised in the briefing, or any other issue relevant to the Undersigned's analysis of the motion.The questions should not be multiple lines long, with large introductions containing a substantial amount of introductory or background information. For example, attorneys sometimes participate in this optional procedure and submit questions beginning with, "Given that..., and given that..., and given that..., and in light of..., what legal authority supports your proposition that...?" The entire introduction starting with the first "given" and ending immediately before "what" is likely unnecessary and undermines the goal of the procedure. In fact, I have received questions which run on for more than half a page -- and sometimes an entire page -- and contain four or five sentences of "introduction" or "context." Those types of questions are not what I have in mind here.To the extent that the questions (which should be precise and pinpoint) concern exhibits, the parties may attach relevant exhibits to the under-seal list of questions. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. It is highly unlikely that the Undersigned will be inclined to review more than an extremely modest number of pages of exhibits attached to the questions. By providing this alternative, the Undersigned is by no means suggesting that a party should attach exhibits to the questions. In fact, it might be better to simply refer to exhibits already filed (assuming the exhibits are not voluminous but, instead, are manageable and capable of being reviewed in the brief gap between the filing of the questions and the hearing).Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely.To alleviate any conceivable concern that this procedure constitutes some type of ex parte procedure, the Undersigned will read out loud on the record every optional question submitted under seal by the parties, regardless of whether I will actually ask each question.At the risk of stating the obvious (but I do so because other counsel in other cases have asked), the under-seal questions need not be served on opposing counsel and need not be publicly filed on CM/ECF. Signed by Magistrate Judge Jonathan Goodman on 9/27/2021. (fbn)
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SYSTEM ENTRY - Docket Entry 138 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 133 [motion] restricted/sealed until further notice. (745839)
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Filing 132
PAPERLESS ORDER re #109 Response in Opposition to Motion, filed by John Hancock Life Insurance Company (USA) On August 9, 2021, Defendant John Hancock Life Insurance Company filed on CM/ECF its redacted Memorandum in Opposition to Plaintiffs' Motion for Class Certification. It did not, however, file under seal an unredacted version of the memorandum. In contrast, Plaintiffs filed publicly on CM/ECF their redacted motion and redacted reply and then also filed under seal their unredacted motion and reply.Under the current posture, the Undersigned is left to guess at certain information in John Hancock's opposition because only a redacted version has been made available to me.John Hancock shall by September 27, 2021 file under seal its unredacted memorandum opposing the class action certification motion. Signed by Magistrate Judge Jonathan Goodman on 9/24/2021. (JG)
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Filing 131
NOTICE of Compliance Defendant's Response to Post-Hearing Administrative Order Request by John Hancock Life Insurance Company (USA) re #129 Order (Quintana, Marlene)
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Filing 130
NOTICE of Compliance with Post-Hearing Administrative Order by ERIC ROMANO, Todd Romano re #129 Order (Weinshall, Matthew)
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Filing 129
Post-Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 9/22/2021. See attached document for full details. (dw00)
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Filing 128
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Motion Hearing held on 9/21/2021 re #89 Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim filed by John Hancock Life Insurance Company (USA). Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 30 minutes. Attorney Appearance(s): DeMario M. Carswell, Marlene Quintana, James O. Fleckner, John Scarola, Boris L. Zhadanovskiy, Matthew Weinshall, (Digital JG_01_09-21-2021-Zoom) (fbn)
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SYSTEM ENTRY - Docket Entry 127 [misc] restricted/sealed until further notice. (745839)
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SYSTEM ENTRY - Docket Entry 126 [misc] restricted/sealed until further notice. (1246373)
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SYSTEM ENTRY - Docket Entry 125 [misc] restricted/sealed until further notice. (745839)
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Filing 124
ORDER granting #92 Defendant's Motion for Leave to File Documents Under Seal. Signed by Magistrate Judge Jonathan Goodman on 9/10/2021. See attached document for full details. (dw00)
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Filing 123
PAPERLESS ORDER re: Zoom Motion Hearing on #89 Defendant's Motion for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim scheduled for September 21, 2021 at 3:00PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties may, by September 17,2021 at 5:00PM, file under seal an optional list of three (3) specific, succinct questions which they would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, exhibits, the arguments raised in the briefing, or any other issue relevant to the Undersigned's analysis of the motion.The questions should not be multiple lines long, with large introductions containing a substantial amount of introductory or background information. For example, attorneys sometimes participate in this optional procedure and submit questions beginning with, "Given that..., and given that..., and given that..., and in light of..., what legal authority supports your proposition that...?" The entire introduction starting with the first "given" and ending immediately before "what" is likely unnecessary and undermines the goal of the procedure. In fact, I have received questions which run on for more than half a page -- and sometimes an entire page -- and contain four or five sentences of "introduction" or "context." Those types of questions are not what I have in mind here.To the extent that the questions (which should be precise and pinpoint) concern exhibits, the parties may attach relevant exhibits to the under-seal list of questions. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. It is highly unlikely that the Undersigned will be inclined to review more than an extremely modest number of pages of exhibits attached to the questions. By providing this alternative, the Undersigned is by no means suggesting that a party should attach exhibits to the questions. In fact, it might be better to simply refer to exhibits already filed (assuming the exhibits are not voluminous but, instead, are manageable and capable of being reviewed in the brief gap between the filing of the questions and the hearing).Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely.To alleviate any conceivable concern that this procedure constitutes some type of ex parte procedure, the Undersigned will read out loud on the record every optional question submitted under seal by the parties, regardless of whether I will actually ask each question.At the risk of stating the obvious (but I do so because other counsel in other cases have asked), the under-seal questions need not be served on opposing counsel and need not be publicly filed on CM/ECF. Signed by Magistrate Judge Jonathan Goodman on 9/10/2021. (dw00) Modified text on 9/21/2021 (fbn).
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Filing 122
PAPERLESS ORDER Setting Hearing on Motion #89 Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim : A Zoom Motion Hearing set for 9/21/2021 at 03:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1618878465?pwd=bGdzb0xUTUhKY2tvUzZaOFNhcUxuQT09. Meeting ID: 161 887 8465. Passcode: 351016. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 9/10/2021. (fbn)
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Filing 121
PAPERLESS ORDER granting #119 Joint Motion for Extension of Time to Conduct Expert Depositions. The parties shall conduct their expert depositions by October 28, 2021. Signed by Magistrate Judge Jonathan Goodman on 9/2/2021. (dw00)
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Filing 119
Joint MOTION for Extension of Time to Take Expert Depositions re #48 Scheduling Order,, by John Hancock Life Insurance Company (USA). Responses due by 9/15/2021 (Attachments: #1 Text of Proposed Order)(Quintana, Marlene)
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SYSTEM ENTRY - Docket Entry 120 [misc] restricted/sealed until further notice. (1246373)
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Filing 118
ORDER granting #116 Plaintiffs' Motion to File Documents Under Seal. Signed by Magistrate Judge Jonathan Goodman on 8/31/2021. See attached document for full details. (dw00)
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Filing 117
ORDER granting #108 Defendant's Motion to File Proposed Materials Under Seal. Signed by Magistrate Judge Jonathan Goodman on 8/31/2021. See attached document for full details. (dw00)
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Filing 116
Unopposed MOTION to Seal Unredacted Reply in Support of Motion for Class Certification and Exhibits Thereto per Local Rule 5.4 by ERIC ROMANO, Todd Romano. (Attachments: #1 Text of Proposed Order) (Weinshall, Matthew)
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Filing 115
Plaintiff's REPLY to Response to Motion re #94 Plaintiff's MOTION to Certify Class REDACTED VERSION (REDACTED REPLY) filed by ERIC ROMANO, Todd Romano. (Attachments: #1 Affidavit Declaration of Matthew P. Weinshall (Exhibits filed under seal))(Weinshall, Matthew)
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Reset Deadlines Per DE#114. Replies due by 8/20/2021. (cqs)
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Filing 114
ORDER granting #111 Plaintiffs' Motion for Extension of Time to File Reply. Signed by Magistrate Judge Jonathan Goodman on 8/11/2021. See attached document for full details. (dw00)
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Filing 113
AFFIDAVIT in Support re #89 Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim filed by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 112
Defendant's REPLY to Response to Motion re #89 Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim in Support of its Motion for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim filed by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 111
Unopposed MOTION for Extension of Time to File Response/Reply/Answer REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION by ERIC ROMANO, Todd Romano. (Attachments: #1 Text of Proposed Order)(Prieto, Peter)
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Filing 110
AFFIDAVIT in Opposition re #94 Plaintiff's MOTION to Certify Class REDACTED VERSION Declaration of Katherine M. Fahey in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification filed by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36)(Quintana, Marlene)
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Filing 109
RESPONSE in Opposition re #94 Plaintiff's MOTION to Certify Class REDACTED VERSION Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification REDACTED VERSION filed by John Hancock Life Insurance Company (USA). Replies due by 8/16/2021. (Quintana, Marlene)
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Filing 108
Defendant's MOTION to Seal Motion to File Under Seal per Local Rule 5.4 by John Hancock Life Insurance Company (USA). (Attachments: #1 Text of Proposed Order) (Quintana, Marlene)
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Filing 107
RESPONSE in Opposition re #89 Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim filed by ERIC ROMANO, Todd Romano. Replies due by 8/11/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Weinshall, Matthew)
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Filing 106
POST-HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 7/30/2021. See attached document for full details. (dw00)
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Filing 105
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 7/30/2021. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): DeMario M. Carswell, Marlene Quintana, James O. Fleckner, Matthew Weinshall, (Digital JG_01_07-30-2021/ Zoom) (fbn)
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Filing 104
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 7/30/2021 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1612741700?pwd=ajBxT3NTNXI0TDkyY2trMjZQc3ZTdz09. Meeting ID: 161 274 1700. Passcode: 651750.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 7/29/2021. (fbn)
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Filing 102
NOTICE by John Hancock Life Insurance Company (USA) re #89 Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim Notice of Filing Declaration of DeMario M. Carswell in Support of Defendant's Motion for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim (Attachments: #1 Exhibit A) (Quintana, Marlene)
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Filing 101
NOTICE of Striking #91 Affidavit in Support of Motion, filed by John Hancock Life Insurance Company (USA) by John Hancock Life Insurance Company (USA) (Quintana, Marlene)
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Filing 100
Clerks Notice of Docket Correction re 98 . Document Restricted Due to Error. (fbn)
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Filing 99
PAPERLESS ORDER setting a Zoom Discovery Hearing #93 set for 7/30/2021 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1612741700?pwd=ajBxT3NTNXI0TDkyY2trMjZQc3ZTdz09. Meeting ID: 161 274 1700. Passcode: 651750.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 7/27/2021. (fbn) Modified text on 7/27/2021 (fbn).
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Filing 97
PAPERLESS ORDER re #92 Defendant's MOTION for Leave to File Under Seal filed by John Hancock Life Insurance Company (USA) This Order requests clarification of Defendant John Hancock's motion for leave to file under seal [ECF No. 95]. In the motion, defendant says it wants to file under seal (1) certain exhibits which will accompany its Motion for Leave to File a Third-Party Amended Answer and Counterclaim, and (2) the declaration of Demario M. Carswell. However, it seems as though Defendant has already filed these materials -- but not under seal. [SeeECF No. 91]. More specifically, Defendant has already filed its motion for leave to file a third-party amended answer and counterclaim and it also separately filed Carswell's declaration and other exhibits (which relate to the motion for leave).Given this procedural history, Defendant shall by July 29, 2021 file a notice explaining whether it inadvertently publicly filed on CM/ECF the declaration and exhibits it wanted to file under seal or whether intends to file under seal another declaration from Carswell and different exhibits. Signed by Magistrate Judge Jonathan Goodman on 7/27/2021. (JG)
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Filing 96
PAPERLESS ORDER granting #95 Motion to Seal. Matters unsealed upon case closing {US0YT}. Plaintiff may file under seal the unredacted motion for class certification. However, the unredacted version must highlight (e.g., in yellow or grey) those sections which were redacted in the redacted version filed on CM/ECF. This is needed so that I can easily and quickly discern which sections of the unredacted version were redacted. The highlighting, however, should not be so dark that it makes it difficult to read the redactions. Signed by Magistrate Judge Jonathan Goodman on 7/27/2021. (JG)
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SYSTEM ENTRY - Docket Entry 103 [misc] restricted/sealed until further notice. (1246373)
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Filing 95
Unopposed MOTION to Seal Unredacted Motion for Class Certification and Exhibits Thereto per Local Rule 5.4 by ERIC ROMANO, Todd Romano. (Attachments: #1 Text of Proposed Order) (Weinshall, Matthew)
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Filing 94
Plaintiff's MOTION to Certify Class REDACTED VERSION by ERIC ROMANO, Todd Romano. Responses due by 8/9/2021 (Attachments: #1 Affidavit Declaration of Matthew P. Weinshall, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit H, #7 Exhibit GGG)(Weinshall, Matthew)
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Filing 93
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/30/2021 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Weinshall, Matthew)
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Filing 92
Defendant's MOTION for Leave to File Under Seal by John Hancock Life Insurance Company (USA). (Attachments: #1 Text of Proposed Order)(Quintana, Marlene)
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Filing 91
AFFIDAVIT in Support re #89 Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim filed by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Quintana, Marlene)
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Filing 90
MEMORANDUM in Support re #89 Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 89
Defendant's MOTION for Leave to File a Third-Party Complaint and Amended Answer and Counterclaim by John Hancock Life Insurance Company (USA). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 88
Clerks Notice of Docket Correction re 87 Paperless Order/Error in Docketing. Filed in Wrong Case; Docket text modified. Order refiled in correct case # 20cv24681. (sk)
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Filing 87
Error in Docketing per Chambers (krk) Modified on 7/21/2021 (sk).
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Filing 86
PAPERLESS Order Cancelling Final Pretrial Conference set for 7/12/2021 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 7/6/2021. (fbn)
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Filing 85
TRANSCRIPT of Discovery Hearing held on 6/11/21 before Magistrate Judge Jonathan Goodman, 1-14 pages, Court Reporter: Diane Miller, 772-467-2337/ Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/22/2021. (dmr)
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Filing 84
ORDER on Redacted Documents Dispute. Signed by Magistrate Judge Jonathan Goodman on 6/22/2021. See attached document for full details. (dw00)
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Filing 83
MEMORANDUM of Law re #81 Order Defendant's Memorandum of Law in Support Concerning Relevance Redactions by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 82
MEMORANDUM of Law re #81 Order Plaintiffs' Post-Discovery Hearing Memorandum on Unilateral Relevance Redactions by ERIC ROMANO, Todd Romano. (Weinshall, Matthew)
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Filing 81
POST-HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 6/14/2021. See attached document for full details. (dw00)
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Filing 80
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 6/14/2021. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 00 minutes. Attorney Appearance(s): DeMario M. Carswell, Katherine M. Fahey, Marlene Quintana, James O. Fleckner, Matthew Weinshall, (Digital JG_02_06-14-2021/ Zoom) (fbn)
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Filing 79
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 6/14/2021 at 4:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1605970927?pwd=eDdKdllFcTdXcDViei9XTlhWM2grQT09 Meeting ID: 160 597 0927. Passcode: 382418. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 6/11/2021. (fbn)
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Filing 78
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 6/11/2021. Total time in court: 26 minutes. Attorney Appearance(s): DeMario M. Carswell, Katherine M. Fahey, Marlene Quintana, James O. Fleckner, Matthew Weinshall, (Digital JG_02_06-11-2021/ Zoom) (fbn)
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Filing 77
**HEARING CHANGE FROM A TELEPHONIC PROCEEDING TO A ZOOM PROCEEDING** PAPERLESS ORDER regarding Zoom Discovery Hearing set for 6/11/2021 at 2:30PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1611983355?pwd=M01BVlJveWRxM0Z4ZnZyRU5tTXNydz09. Meeting ID: 161 198 3355. Passcode: 125339. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 6/10/2021. (fbn)
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Filing 76
PAPERLESS ORDER granting #75 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Katherine M. Fahey. Signed by Magistrate Judge Jonathan Goodman on 6/10/2021. (krk)
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Filing 75
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katherine M. Fahey. Filing Fee $ 200.00 Receipt # AFLSDC-14757704 by John Hancock Life Insurance Company (USA). Responses due by 6/24/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 74
NOTICE of Hearing by ATTORNEY: Telephonic Motion Hearing set for 6/11/2021 02:30 PM before Magistrate Judge Jonathan Goodman. (Weinshall, Matthew)
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Filing 73
PAPERLESS ORDER re 71 Sealed Document filed by ERIC ROMANO, Todd Romano I have reviewed every page of the 395 pages which Witness Christian Searcy Jr. filed under seal in connections with documents listed on the privilege log prepared after he was served with a duces tecum subpoena by Plaintiff.Perhaps I incorrectly heard counsel at the hearing where I directed the materials to be filed under seal, but I thought there were only 30 pages of documents at issue. But, regardless of whether the confusion was self-created or the result of an incorrect guesstimate of the number of pages which are at issue in the privilege log, I have now reviewed the under-seal materials.Based on that review and the representations in the privilege log about the individuals who sent and received the documents and the nature of the privilege or exception claimed, I uphold the assertions of attorney-client privilege and the work product exception. Mr. Searcy need not turn over to Plaintiff in this case any of the documents listed on his privilege log. Signed by Magistrate Judge Jonathan Goodman on 4/22/2021. (JG)
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Filing 72
NOTICE by ERIC ROMANO, Todd Romano of Filing Duces Tecum Subpoena Served on Christian Searcy Jr. (Attachments: #1 Subpoena to Produce Documents, Information or Objects to Christian Searcy Jr.) (Scarola, John)
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SYSTEM ENTRY - Docket Entry 71 [misc] restricted/sealed until further notice. (515378)
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Filing 70
Supplemental List of Characters/Privilege Log for Christian Searcy, Jr.'s Response to Subpoena to Produce Documents by ERIC ROMANO, Todd Romano. (Scarola, John)
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Filing 69
Post-Discovery Hearing Administrative Order Signed by Magistrate Judge Jonathan Goodman on 4/20/2021. See attached document for full details. (krk)
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Filing 68
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Discovery Hearing held on 4/15/2021. Post-Hearing Administrative Order to follow. Total time in court: 40 minutes. Attorney Appearance(s): DeMario M. Carswell, Marlene Quintana, Gabrielle Lisa Gould, John Scarola, Matthew Weinshall, (Digital JG_01_04-15-2021) (fbn)
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Filing 67
ORDER ON REMOTE DEPOSITION PROTOCOL. Signed by Magistrate Judge Jonathan Goodman on 4/13/2021. See attached document for full details. (fbn)
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Filing 66
MOTION JOINT MOTION FOR ENTRY OF ORDER ON REMOTE DEPOSITION PROTOCOL by ERIC ROMANO, Todd Romano. (Attachments: #1 Text of Proposed Order Exhibit A)(Prieto, Peter)
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Filing 65
PAPERLESS ORDER re #64 Telephonic Discovery Hearing set for April 15, 2021 at 2:30 p.m. Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack landline access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 4/7/2021. (jzn)
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Filing 64
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/15/2021 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Quintana, Marlene)
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Filing 63
ORDER ON #51 DEFENDANT'S MOTION TO STRIKE JURY TRIAL DEMAND. Signed by Magistrate Judge Jonathan Goodman on 3/12/2021. See attached document for full details. (jzn)
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Filing 62
SUPPLEMENT to #60 Order Defendant's Supplemental Brief in Support of Motion to Dismiss by John Hancock Life Insurance Company (USA) (Quintana, Marlene)
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Filing 61
SUPPLEMENT to #60 Order Plaintiffs' Supplemental Brief In Opposition to Defendant's Motion to Strike Jury Demand by ERIC ROMANO, Todd Romano (Weinshall, Matthew)
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Filing 60
POST-HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/17/2021. See attached document for full details. (jzn)
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Filing 59
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Motion Hearing held on 2/16/2021 re #51 Defendant's MOTION to Strike Plaintiff's Demand for a Jury Trial filed by John Hancock Life Insurance Company (USA). Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 00 minutes. Attorney Appearance(s): DeMario M. Carswell, Marlene Quintana, James O. Fleckner, John Scarola, Boris L. Zhadanovskiy, Matthew Weinshall, (Digital JG_01_02-16-2021/Zoom) (fbn)
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SYSTEM ENTRY - Docket Entry 57 [misc] restricted/sealed until further notice. (1246373)
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SYSTEM ENTRY - Docket Entry 58 [misc] restricted/sealed until further notice. (745839)
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Filing 56
PAPERLESS ORDER setting Zoom Motion Hearing on #51 Defendant's Motion to Strike Plaintiff's Demand for a Jury Trial for 2/16/2021 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1617869178?pwd=czNCN2szM1hFQXlSQTdoQzBwWXAvQT09. Meeting ID: 161 786 9178. Passcode: 399143.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 1/26/2021. (fbn)
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Filing 55
PAPERLESS ORDER scheduling Zoom Motion Hearing on #51 Defendant's Motion to Strike Plaintiff's Demand for a Jury Trial for February 16, 2021 at 10:00 am in the Miami Division before Magistrate Judge Jonathan Goodman. The Court will make its own Zoom arrangements and will post the link information and instructions in a separate order before the Zoom hearing. The hearing is a digital version of an actual in-person hearing, so counsel(s) should dress as though they are appearing in court. The parties may, by February 10, 2021 at 5:00 pm, file under seal an optional list of four (4) specific, succinct questions which they would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, exhibits, the arguments raised in the briefing, or any other issue relevant to the Undersigned's analysis of the motion. The questions should not be multiple lines long, with large introductions containing a substantial amount of introductory or background information. For example, attorneys sometimes participate in this optional procedure and submit questions beginning with, "Given that..., and given that..., and given that..., and in light of..., what legal authority supports your proposition that...?" The entire introduction starting with the first "given" and ending immediately before "what" is likely unnecessary and undermines the goal of the procedure. In fact, I have received questions which run on for more than half a page -- and sometimes an entire page -- and contain four or five sentences of "introduction" or "context." Those types of questions are not what I have in mind here. To the extent that the questions (which should be precise and pinpoint) concern exhibits, the parties may attach relevant exhibits to the under-seal list of questions. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. It is highly unlikely that the Undersigned will be inclined to review more than an extremely modest number of pages of exhibits attached to the questions. By providing this alternative, the Undersigned is by no means suggesting that a party should attach exhibits to the questions. In fact, it might be better to simply refer to exhibits already filed (assuming the exhibits are not voluminous but, instead, are manageable and capable of being reviewed in the brief gap between the filing of the questions and the hearing). Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely. To alleviate any conceivable concern that this procedure constitutes some type of ex parte procedure, the Undersigned will read out loud on the record every optional question submitted under seal by the parties, regardless of whether I will actually ask each question. At the risk of stating the obvious (but I do so because other counsel in other cases have asked), the under-seal questions need not be served on opposing counsel and need not be publicly filed on CM/ECF. Signed by Magistrate Judge Jonathan Goodman on 1/26/2021. (jzn)
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Filing 54
REPLY to Response to Motion re #51 Defendant's MOTION to Strike Plaintiff's Demand for a Jury Trial Defendant's Reply Memorandum in Further Support of its Motion to Strike Plaintiffs' Demand for a Jury Trial filed by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 53
RESPONSE in Opposition re #51 Defendant's MOTION to Strike Plaintiff's Demand for a Jury Trial filed by ERIC ROMANO, Todd Romano. Replies due by 1/6/2021. (Weinshall, Matthew)
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Filing 52
MEMORANDUM in Support re #51 Defendant's MOTION to Strike Plaintiff's Demand for a Jury Trial by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 51
Defendant's MOTION to Strike Plaintiff's Demand for a Jury Trial by John Hancock Life Insurance Company (USA). Responses due by 12/30/2020 (Quintana, Marlene)
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Filing 50
NOTICE OF WITHDRAWAL OF MOTION by ERIC ROMANO, Todd Romano re #49 Plaintiff's MOTION for Protective Order Quashing or Modifying Non-Party Subpoenas with Incorporated Memorandum of Law filed by ERIC ROMANO, Todd Romano (Zhadanovskiy, Boris)
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Filing 49
Plaintiff's MOTION for Protective Order Quashing or Modifying Non-Party Subpoenas with Incorporated Memorandum of Law by ERIC ROMANO, Todd Romano. (Zhadanovskiy, Boris)
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Filing 48
AMENDED ORDER SPECIALLY SETTING CIVIL JURY TRIAL AND PRETRIAL SCHEDULE. The Jury Trial is set for 3/7/2022 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The Pretrial Conference is set for 2/28/2022 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 11/2/2020. See attached document for full details. (jzn) #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.
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Filing 47
PAPERLESS ORDER re 46 Telephonic Scheduling Conference. By Friday, October 30, 2020, Plaintiff's counsel shall submit to the Undersigned's e-file inbox a proposed trial scheduling order in Word format with the March 7, 2022 special-set trial date and all the other dates backed out from the trial date. Signed by Magistrate Judge Jonathan Goodman on 10/27/2020. (jzn)
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Filing 46
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Scheduling Conference held on 10/27/2020. The Court orders a Special set trial date of March 8, 2021 at 9:30am. Total time in court: 15 minutes. Attorney Appearance(s): DeMario M. Carswell, Marlene Quintana, James O. Fleckner, Boris L. Zhadanovskiy, Matthew Weinshall, (Digital JG_01_10-27-2020) (fbn) Modified on 10/27/2020 (fbn).
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Filing 45
PAPERLESS ORDER granting #44 Motion to Continue. The 41 Telephonic Scheduling Conference and telephonic hearing on the parties' #42 Joint Motion to Amend Order Specially Setting Civil Jury Trial and Pretrial Schedule is rescheduled for 10/27/2020 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall follow the instructions set forth in ECF Nos. 41 and 43. Signed by Magistrate Judge Jonathan Goodman on 10/21/2020. (jzn)
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Filing 44
Joint MOTION to Continue Scheduling Conference re 41 Order,,,,,, Set/Reset Deadlines/Hearings,,,,, 43 Order Setting Hearing on Motion,, by John Hancock Life Insurance Company (USA). Responses due by 11/4/2020 (Attachments: #1 Text of Proposed Order)(Quintana, Marlene)
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Filing 43
PAPERLESS ORDER Setting Telephonic Hearing on the parties' #42 Joint Motion to Amend Order Specially Setting Civil Jury Trial and Pretrial Schedule for 10/23/2020 at 11:00 AM using the dial-in instructions outlined in ECF No. 41 . The parties' proposed new trial date of January 19, 2022 conflicts with another special-set trial, so the parties and their counsel shall review their calendars before the hearing and be prepared to suggest at least three other suggested special-set trial dates in either later 2021 or the first three months of 2022. Signed by Magistrate Judge Jonathan Goodman on 10/20/2020. (jzn)
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Filing 42
Joint MOTION to Amend/Correct #30 Scheduling Order,, by John Hancock Life Insurance Company (USA). Responses due by 11/2/2020 (Attachments: #1 Text of Proposed Order)(Quintana, Marlene)
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Filing 41
PAPERLESS ORDER setting a Telephonic Scheduling Conference for 10/23/2020 at 11:00AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack land line access, so those attorneys may use cell phones without placing them on mute. All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 10/14/2020. (fbn)
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Filing 40
PAPERLESS ORDER granting #39 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney DeMario M. Carswell. Signed by Magistrate Judge Jonathan Goodman on 9/24/2020. (jzn)
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Filing 39
Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for DeMario M. Carswell. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #37 Motion to Appear Pro Hac Vice, by John Hancock Life Insurance Company (USA). Responses due by 10/8/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 38
PAPERLESS ORDER denying #37 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney DeMario M. Carswell. The Clerk of Court entered the following Notice of Noncompliance: "Clerk's Notice of Noncompliance with LR 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys as follows: Although Local counsel consented to electronically serving on most of her consent, she failed consent to serving documents in compliance with the CM/ECF Administrative Procedures. (sample motion can be found on the Court's website)." Signed by Magistrate Judge Jonathan Goodman on 9/24/2020. (jzn)
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Filing 37
Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for DeMario M. Carswell. Filing Fee $ 200.00 Receipt # AFLSDC-13572321 by John Hancock Life Insurance Company (USA). Responses due by 10/7/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 36
PAPERLESS Order Cancelling Discovery Hearing set for 9/3/2020 at 4:30 PM before Magistrate Judge Jonathan Goodman in light of the #35 Notice of Cancellation. Signed by Magistrate Judge Jonathan Goodman on 8/28/2020. (jzn)
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Filing 35
NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #33 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 9/3/2020 04:30 PM before Magistrate Judge Jonathan Goodman. (Weinshall, Matthew) (Weinshall, Matthew)
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Filing 34
PAPERLESS ORDER re #33 Telephonic Discovery Hearing set for 9/3/2020 at 4:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be speaking at the hearing should dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack landline access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Signed by Magistrate Judge Jonathan Goodman on 8/26/2020. (jzn)
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Filing 33
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 9/3/2020 04:30 PM before Magistrate Judge Jonathan Goodman. (Weinshall, Matthew)
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Filing 32
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 12/23/2019. See attached document for full details. (jzn)
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Filing 31
STIPULATION and Proposed Protective Order by John Hancock Life Insurance Company (USA) (Attachments: #1 Exhibit A)(Quintana, Marlene)
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***Calendar Call Hearing set before prior presiding judge (Altonaga) terminated. (wc)
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Filing 30
ORDER SPECIALLY SETTING CIVIL JURY TRIAL AND PRETRIAL SCHEDULE AND REQUIRING MEDIATION. Jury Trial set for 7/19/2021 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Final Pretrial Conference set for 7/12/2021 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 5/24/2019. See attached document for full details. (jdo) #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.
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Filing 29
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Scheduling Conference held on 5/23/2019. Total time in court: 35 minutes. Attorney Appearance(s): Marlene Quintana, James O. Fleckner, Gabrielle Lisa Gould, Alissa Del Riego, Christian D. Searcy, John Scarola, Matthew Weinshall (Digital 15:30:14) (tb)
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Filing 28
PAPERLESS ORDER setting Telephonic Scheduling Conference for 5/23/2019 at 03:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use is permitted. All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court. Signed by Magistrate Judge Jonathan Goodman on 5/17/2019. (jdo)
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Filing 27
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. section 636(c) and Federal Rule of Civil Procedure 73.. Judge Cecilia M. Altonaga no longer assigned as presider judge in case. Signed by Judge Cecilia M. Altonaga on 5/17/2019. See attached document for full details. (ps1)
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Filing 26
Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by ERIC ROMANO, Todd Romano (Weinshall, Matthew)
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Filing 25
Defendant's ANSWER and Affirmative Defenses to Complaint by John Hancock Life Insurance Company (USA). (Quintana, Marlene)
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Filing 24
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER Signed by Magistrate Judge Jonathan Goodman on 4/30/2019. See attached document for full details. (tb)
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Filing 23
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 1/22/2020 before Judge Cecilia M. Altonaga., Calendar Call set for 1/15/2020 09:00 AM before Judge Cecilia M. Altonaga.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 7/8/2019.), ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 4/29/2019. See attached document for full details. (mc) #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.
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Filing 22
Joint SCHEDULING REPORT - Rule 16.1 by ERIC ROMANO, Todd Romano (Attachments: #1 Case Management Deadline Worksheet)(Weinshall, Matthew)
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Filing 21
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ERIC ROMANO, Todd Romano (Weinshall, Matthew)
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Filing 20
Certificate of Other Affiliates/Corporate Disclosure Statement by John Hancock Life Insurance Company (USA) identifying Corporate Parent Manulife Financial Corporation for John Hancock Life Insurance Company (USA) (Quintana, Marlene)
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Filing 19
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ERIC ROMANO, Todd Romano. John Hancock Life Insurance Company (USA) served on 3/29/2019, answer due 5/3/2019. (Weinshall, Matthew)
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Filing 18
ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Ashley Moore Drake. Signed by Judge Cecilia M. Altonaga on 4/23/2019. See attached document for full details. (ps1)
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Filing 17
ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Gabrielle Lisa Gould. Signed by Judge Cecilia M. Altonaga on 4/23/2019. See attached document for full details. (ps1)
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Filing 16
ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) James O. Fleckner. Signed by Judge Cecilia M. Altonaga on 4/23/2019. See attached document for full details. (ps1)
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Filing 15
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ashley Moore Drake. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #9 Motion to Appear Pro Hac Vice, by John Hancock Life Insurance Company (USA). Responses due by 5/7/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 14
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gabrielle Gould. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #8 Motion to Appear Pro Hac Vice, by John Hancock Life Insurance Company (USA). Responses due by 5/7/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 13
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James Fleckner. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #7 Motion to Appear Pro Hac Vice, by John Hancock Life Insurance Company (USA). Responses due by 5/7/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 12
ORDER denying #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Ashley Moore Drake. Signed by Judge Cecilia M. Altonaga on 4/19/2019. See attached document for full details. (ps1)
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Filing 11
ORDER denying #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Gabrielle Lisa Gould. Signed by Judge Cecilia M. Altonaga on 4/19/2019. See attached document for full details. (ps1)
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Filing 10
ORDER denying #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) James O. Fleckner. Signed by Judge Cecilia M. Altonaga on 4/19/2019. See attached document for full details. (ps1)
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Filing 9
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ashley M. Drake. Filing Fee $ 75.00 Receipt # 113C-11573384 by John Hancock Life Insurance Company (USA). Responses due by 5/3/2019 (Attachments: #1 Exhibit A, #2 Errata B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 8
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gabrielle L. Gould. Filing Fee $ 75.00 Receipt # 113C-11573374 by John Hancock Life Insurance Company (USA). Responses due by 5/3/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 7
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James O. Fleckner. Filing Fee $ 225.00 Receipt # 113C-11573331 by John Hancock Life Insurance Company (USA). Responses due by 5/3/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 6
Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 4/26/2019. Signed by Judge Cecilia M. Altonaga on 4/12/2019. See attached document for full details. (ps1)
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Filing 5
ORDER granting in part #4 Motion for Extension of Time to File Response/Answer to a Complaint; John Hancock Life Insurance Company (USA). Answer due 5/3/2019. Re: #1 Complaint, filed by ERIC ROMANO, Todd Romano. Signed by Judge Cecilia M. Altonaga on 4/12/2019. See attached document for full details. (ps1)
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Filing 4
Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by John Hancock Life Insurance Company (USA). Attorney Marlene Quintana added to party John Hancock Life Insurance Company (USA)(pty:dft). (Attachments: #1 Text of Proposed Order)(Quintana, Marlene)
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Filing 3
Summons Issued as to John Hancock Life Insurance Company (USA). (mee)
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Filing 2
Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee)
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Filing 1
COMPLAINT CLASS ACTION COMPLAINT against John Hancock Life Insurance Company (USA). Filing fees $ 400.00 receipt number 113C-11503046, filed by ERIC ROMANO, Todd Romano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Docket Sheet)(Weinshall, Matthew)
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