Burke v. UNUM Life Insurance Company of America
| SEAN W BURKE and Sean W. Burke |
| UNUM Life Insurance Company of America |
| 1:2024cv20635 |
| February 19, 2024 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Eduardo I Sanchez |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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| Filing 27 STATUS REPORT REGARDING INFORMAL SETTLEMENT CONFERENCE (JOINT) by Sean W. Burke (Ortiz, Nick) |
Filing 26
ORDER Scheduling Mediation before Jack L. Townsend, Sr. on June 21, 2024, at 9:30 AM via videoconference. Within three days of the mediation, the parties shall file a joint mediation report. Signed by Judge Roy K. Altman on 4/8/2024. See attached document for full details. (wce) Modified text for clarity on 4/11/2024 (mf).
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| Filing 25 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Jack L. Townsend, Sr as Mediator. Mediation Hearing set for 6/21/2024 at 9:30 a.m.. (Ortiz, Nick) |
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Filing 24
ORDER TO SHOW CAUSE: re #19 Scheduling Order. Accordingly, we hereby ORDER and ADJUDGE that, by April 9, 2024, the parties shall file either a mediation report (if mediation has occurred) or a proposed order scheduling mediation. Show Cause Response due by 4/9/2024. Signed by Judge Roy K. Altman on 4/8/2024. See attached document for full details. (wce)
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| Filing 23 Notice of NO Pending, Refiled, Related or Similar Actions by UNUM Life Insurance Company of America (Tolton, William) |
| Filing 22 ANSWER and Affirmative Defenses to Complaint by UNUM Life Insurance Company of America. (Tolton, William) |
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Filing 21
ORDER FOLLOWING 20 STATUS CONFERENCE: We hereby ORDER and ADJUDGE that, by March 22, 2024, the Plaintiff shall send to the Defendant a settlement demand. The Defendant, UNUM Life Insurance Company of America, shall respond to the settlement demand by April 5, 2024. By the end of the day on April 12, 2024, the parties shall file a notice on the docket, telling us whether they've resolved their dispute in whole or in part. Signed by Judge Roy K. Altman on 3/21/2024. See attached document for full details. (wce)
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| Filing 20 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 3/20/2024. Total time in court: 5 minutes. Attorney Appearance(s): Nick Anthony Ortiz, William Jeremiah Tolton. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (lcr) |
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Filing 19
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Calendar Call set for 1/7/2025 1:45 PM in Miami Division before Judge Roy K. Altman. Jury Trial set for 1/13/2025 in Miami Division before Judge Roy K. Altman. Amended Pleadings due by 5/3/2024. Joinder of Parties due by 5/3/2024. Discovery due by 9/17/2024. Expert Discovery due by 9/17/2024. Fact Discovery due by 9/17/2024. Mediation Deadline 10/1/2024. Dispositive Motions due by 10/9/2024. Motions due by 10/9/2024. In Limine Motions due by 12/9/2024. Pretrial Stipulation due by 12/30/2024. Pursuant to 28 U.S.C. 636 and this Districts Magistrate Judge Rules, all pretrial non-dispositive and discovery matters are hereby referred to United States Magistrate Judge Eduardo Sanchez.. Signed by Judge Roy K. Altman on 3/18/2024. See attached document for full details. (wce) #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 18
PAPERLESS ORDER granting #15 , #16 the parties' Unopposed Motions to Appear Virtually. The parties shall appear via Zoom. The Meeting ID is 160 7688 8099, and the Passcode is 183310. Signed by Judge Roy K. Altman on 3/15/2024. (lcr)
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| Filing 17 Corporate Disclosure Statement by UNUM Life Insurance Company of America identifying Corporate Parent Unum Group (d/b/a Unum Group Corporation in the State of Florida for UNUM Life Insurance Company of America (Tolton, William) |
| Filing 16 Plaintiff's MOTION to Appear for Status Conference by Zoom re #13 Scheduling Order by Sean W. Burke. (Ortiz, Nick) |
| Filing 15 Unopposed MOTION to Attend Status Conference by Videoconference or Telephone re #13 Scheduling Order, by UNUM Life Insurance Company of America. (Attachments: #1 Text of Proposed Order)(Tolton, William) |
| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Sean W. Burke (Ortiz, Nick) |
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Filing 13
ORDER SCHEDULING STATUS CONFERENCES: Status Conference set for 3/20/2024 03:00 PM in Miami Division before Judge Roy K. Altman. Status Conference set for 3/20/2024 03:00 PM in Miami Division before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 3/14/2024. See attached document for full details. (wce)
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| Filing 12 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Sean W. Burke (Ortiz, Nick) |
| Filing 11 Notice of NO Pending, Refiled, Related or Similar Actions by Sean W. Burke (Ortiz, Nick) |
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Filing 10
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: The parties are directed to prepare and file a joint scheduling report, as required by S.D. Fla. L.R. 16.1(b)(2), by March 15, 2024. In addition, by March 15, 2024, the parties, including governmental parties, must file certificates of interested parties and corporate disclosure statements. Joint Scheduling Report due by 3/15/2024. Signed by Judge Roy K. Altman on 3/8/2024. See attached document for full details. (wce)
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Filing 9
PAPERLESS ORDER granting #8 the Defendant's Unopposed Motion for Extension of Time. The Defendant shall respond to the Complaint by April 3, 2024. Signed by Judge Roy K. Altman on 3/7/2024. (lcr)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, / File Responsive Pleading by UNUM Life Insurance Company of America. Attorney William Jeremiah Tolton, III added to party UNUM Life Insurance Company of America(pty:dft). (Attachments: #1 Text of Proposed Order)(Tolton, William) |
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Filing 7
ORDER REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Pursuant to Federal Rule of Civil Procedure 72, 28 U.S.C. 636, and this Districts Magistrate Judge Rules, we hereby REFER the cases listed on Exhibit A to United States Magistrate Judge Eduardo Sanchez for rulings on all pre-trial non-dispositive and discovery matters. Magistrate Judge Jacqueline Becerra no longer assigned as referral judge in case. Signed by Judge Roy K. Altman on 3/2/2024. See attached document for full details. (wce)
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| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Sean W. Burke. UNUM Life Insurance Company of America served on 2/22/2024, response/answer due 3/14/2024. (Ortiz, Nick) |
| Filing 5 Summons Issued as to UNUM Life Insurance Company of America. (scn) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by Sean W. Burke re 3 Clerk's Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s) corrected) (Ortiz, Nick) |
| Filing 3 Clerk's Notice to Filer re: Summons will not be issued. Attorney or Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summonses with the corrected summons attached. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (wce) |
| Filing 1 COMPLAINT against UNUM Life Insurance Company of America. Filing fees $ 405.00 receipt number AFLSDC-17301824, filed by SEAN W BURKE. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons for Defendant Unum)(Ortiz, Nick) |
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