Kelly v. Life Insurance Company of North America et al
| Melissa Kelly |
| Life Insurance Company of North America, New York Life Insurance Company and Community Rehab Associates, Inc. |
| 2:2023cv14229 |
| August 1, 2023 |
| US District Court for the Southern District of Florida |
| Shaniek Mills Maynard |
| Donald M Middlebrooks |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER Closing Case. (With Prejudice) Signed by Judge Donald M. Middlebrooks on 9/25/2023. See attached document for full details. (nwn)
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| Filing 28 STIPULATION of Dismissal by Melissa Kelly (Santi, Maria) |
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Filing 27
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. Plaintiff notified the Court that the Parties have settled this matter (DE #26 ), and the Court congratulates them on reaching an amicable resolution of this case. Appropriate closing documents shall be filed within 10 days, or no later than September 25, 2023. The Parties are advised that the Notice of Settlement does not stay ongoing litigation, and until the appropriate closing documents are filed, the Court will expect compliance with all pretrial deadlines. However, I note that the deadline for Defendants Life Insurance Company of North America and New York Life Insurance Company to file a response to the Complaint is currently September 20, 2023, and the deadline for Defendant Community Rehab Associates, Inc. to file a response to the Complaint is currently September 22, 2023. In view of the pending settlement, and so as to avoid unnecessary expenditure of litigation costs, I will extend all Defendants' response deadlines until September 25, 2023 . I caution the Parties that failure to finalize the settlement as expected shall not constitute good cause to further extend that filing deadline. Signed by Judge Donald M. Middlebrooks on 9/18/2023. (kal)
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| Filing 26 NOTICE of Settlement by Melissa Kelly (Santi, Maria) |
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Filing 25
PAPERLESS ORDER granting #23 Motion for Extension of Time. Defendants Life Insurance Company of North America and New York Life Insurance Company seek a one-week extension of time to respond to the Complaint from September 13, 2023, to September 20, 2023. The motion sufficiently sets forth good cause for the brief extension requested. Therefore, the Motion is granted, and Defendants Life Insurance Company of North America and New York Life Insurance Company have until September 20, 2023 to respond to Plaintiff's Complaint. Signed by Judge Donald M. Middlebrooks on 9/13/2023. (kal)
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Filing 24
PAPERLESS ORDER granting #22 Defendant Community Rehab Associates, Inc.'s Motion for Extension of Time. Defendant seeks an extension of time to respond to the Complaint from September 5, 2023, to September 22, 2023. Motions for extension of time must set forth good cause supported by specific facts. Defendant's motion is lacking in details and does not provide me with sufficient information to determine whether the good cause standard is met. Notwithstanding, because the Motion is unopposed, and the extension sought is relatively brief, I will grant the requested relief. Accordingly, Defendant shall respond to the Complaint by September 22, 2023. This deadline extension only applies to Defendant Community Rehab, Inc., and not any other Defendant in this case. I caution the Parties that failure to lay out good cause in future motions and failure to request a filing extension before the filing deadline will warrant denial. Signed by Judge Donald M. Middlebrooks on 9/12/2023. (kal)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Life Insurance Company of North America, New York Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Gerson, Shari) |
| Filing 22 MOTION for Extension of Time to File Response/Reply/Answer to complaint by Community Rehab Associates, Inc.. (Attachments: #1 Text of Proposed Order Text of proposed order on motion for extension of time to respond to complaint)(Chamberlin, Pamela) |
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Filing 21
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 11/6/2023., Discovery due by 1/30/2024., Joinder of Parties due by 11/6/2023., In Limine Motions due by 3/11/2024., Dispositive Motions due by 2/26/2024., Pretrial Stipulation due by 4/8/2024., Jury Trial set for 5/6/2024 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/1/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Shaniek Mills Maynard on 8/31/2023. See attached document for full details. (nwn) #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 20 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Shaniek Mills Maynard: Telephonic Scheduling Conference held on 8/31/2023. Attorney Appearances Juan-Carlos Andaluz, Esq. for Plaintiff || Shari Lyn Gerson, Esq. and Pamela A. Chamberlin, Esq. for Defendants. Pretrial scheduling matters discussed. Scheduling Order to follow. (AT&T Digital Recording: SMM_8-31-2023_12:30pm_23cv14149; 23cv14229 || Total Time in Court: 15 mins.) (cg01) |
| Filing 19 NOTICE of Attorney Appearance by Juan-Carlos Andaluz on behalf of Melissa Kelly. Attorney Juan-Carlos Andaluz added to party Melissa Kelly(pty:pla). (Andaluz, Juan-Carlos) |
| Filing 18 NOTICE of Attorney Appearance by Steven Roger Adamsky on behalf of Community Rehab Associates, Inc.. Attorney Steven Roger Adamsky added to party Community Rehab Associates, Inc.(pty:dft). (Adamsky, Steven) |
| Filing 17 NOTICE of Attorney Appearance by Pamela A. Chamberlin on behalf of Community Rehab Associates, Inc.. Attorney Pamela A. Chamberlin added to party Community Rehab Associates, Inc.(pty:dft). (Chamberlin, Pamela) |
| Filing 16 Joint SCHEDULING REPORT - Rule 16.1 by Melissa Kelly (Santi, Maria) |
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Filing 15
PAPERLESS ORDER granting #14 Unopposed Motion for Extension of Time filed by Defendants Life Insurance Company of North America and New York Life Insurance Company. These Defendants seek a two-week extension of time from August 30, 2023 to September 13, 2023 to respond to the Complaint. In support, Defendants represent that counsel has "not yet received the claim file" and needs additional time to "review and investigate the allegations." Defendants' motion sufficiently sets forth good cause for the brief extension requested. Accordingly, the motion is granted. Defendants Life Insurance Company of North America and New York Life Insurance Company shall respond to the Complaint on or before September 13, 2023. Signed by Judge Donald M. Middlebrooks on 8/29/2023. (kal)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Life Insurance Company of North America, New York Life Insurance Company. Attorney Shari Lyn Gerson added to party Life Insurance Company of North America(pty:dft), Attorney Shari Lyn Gerson added to party New York Life Insurance Company(pty:dft). (Attachments: #1 Text of Proposed Order)(Gerson, Shari) |
| Filing 13 PAPERLESS ORDER RESETTING TELEPHONIC SCHEDULING CONFERENCE: To accommodate a change in my hearing schedule, the telephonic scheduling conference in this matter is reset to THURSDAY, AUGUST 31, 2023, at 11:00 A.M. The parties shall appear at this new scheduled time by dialing (888) 684-8852 and entering access code 5312437. The parties' Joint Scheduling Report shall be due by MONDAY, AUGUST 28, 2023. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 8/18/2023. (cg01) |
| Reset Deadlines/Hearings per DE 13 Order. Scheduling Conference set for 8/31/2023 11:00 AM before Magistrate Judge Shaniek Mills Maynard. Joint Scheduling Report due by 8/28/2023. (kpe) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Melissa Kelly. Community Rehab Associates, Inc. served on 8/15/2023, response/answer due 9/5/2023. (Santi, Maria) |
| Set Deadlines/Hearings per DE#11: Joint Scheduling Report due by 8/24/2023. Telephonic Scheduling Conference set for 8/29/2023 11:00 AM before Magistrate Judge Shaniek Mills Maynard. (scn) |
| Filing 11 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for TUESDAY, AUGUST 29, 2023 at 11:00 AM in Fort Pierce Division before U.S. Magistrate Judge Shaniek Mills Maynard. To participate, counsel shall call the Court's telephone conference line number at (888) 684-8852 and use Access Code 5312437. Counsel for the parties shall confer and file, by THURSDAY, AUGUST 24, 2023, a Joint Scheduling Report pursuant to Local Rule 16.1.B. To the extent a Joint Scheduling Report has previously been filed, the parties shall file an amended version based on the existing trial date. The parties shall also begin pre-trial tasks now, in advance of the Conference. This includes the exchange of initial disclosures and the start of discovery coordination. This is necessary so that the parties can complete all pre-trial tasks within the time allotted and have the case ready for trial by the existing trial date. The parties must be prepared for the Conference at their assigned time but may have to wait 10-20 minutes before their Conference begins, as the Court sets multiple cases for the same time slot. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 8/14/2023. (cg01) |
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Filing 10
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 5/6/2024 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/1/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Shaniek Mills Maynard for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 8/14/2023. See attached document for full details. (nwn) #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 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Melissa Kelly. New York Life Insurance Company served on 8/7/2023, response/answer due 8/28/2023. (Santi, Maria) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Melissa Kelly. Life Insurance Company of North America served on 8/7/2023, response/answer due 8/28/2023. (Santi, Maria) |
| Filing 7 Summons Re Issued as to Life Insurance Company of North America, New York Life Insurance Company. (cds) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by Melissa Kelly (Santi, Maria) |
| Filing 5 NOTICE by Melissa Kelly re 4 Clerk's Notice to Filer re: Electronic Case Notice of Filing Civil Cover Sheet (Santi, Maria) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (nwn) |
| Filing 3 Summons Issued as to Community Rehab Associates, Inc., Life Insurance Company of North America, New York Life Insurance Company. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (nwn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16808172, filed by Melissa Kelly. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Summon(s), #7 Summon(s), #8 Summon(s))(Santi, Maria) |
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