Ensley v. North Georgia Mountain Crisis Network, Inc. et al
| Shawna Ensley |
| North Georgia Mountain Crisis Network, Inc., The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan, Howard Slaughter, Steven Miracle and Jodi Spiegel |
| 2:2012cv00254 |
| October 26, 2012 |
| US District Court for the Northern District of Georgia |
| Fannin |
| Richard W Story |
| 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 November 7, 2014. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (rsg) |
| Clerk's Entry of Dismissal APPROVING #65 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(ii). (rsg) Modified on 11/7/2014 to correct file date (rsg). |
| Filing 65 STIPULATION of Dismissal Jointly Filed on Behalf of All Parties by Shawna Ensley. (Sharman, Paul) |
Filing 64
ORDER: The Magistrate Judge having given notice #63 that the case did not settle in mediation, the Court hereby sets the briefing schedule for Plaintiffs pending #60 Motion for Reconsideration. Defendants shall file a response brief within fourteen (14) days of the entry of this Order, and Plaintiff may file a reply brief within fourteen (14) days thereafter. Signed by Judge Richard W. Story on 11/06/14. (sk)
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| Filing 63 Minute Entry for proceedings held before Magistrate Judge J. Clay Fuller: Settlement Conference held on 9/23/2014. Case did NOT settle. (Tape #JCF-Gaines-FTR)(clk) |
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Filing 62
ORDER scheduling Mediation. Mediation Hearing set for 9/23/2014 at 10:00 AM in GAIN Courtroom 103 before Magistrate Judge J. Clay Fuller. Signed by Magistrate Judge J. Clay Fuller on 09/02/14. (sk)
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ORDER REFERRING CASE to Settlement Judge, Magistrate Judge J. Clay Fuller. Signed by Judge Richard W. Story on 8/25/2014. (vld)
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Filing 61
ORDER: This case is hereby REFERRED to Chief Magistrate Judge Janet F. King for assignment to a magistrate judge for mediation. Pending the mediation, Defendants are not required to respond to Plaintiffs pending #60 Motion. In the event the case is not resolved through mediation, the Court will set the briefing schedule on the motions at that time. Also, at that time, theCourt will address the issues submitted by the parties concerning damages inthe case. Signed by Judge Richard W. Story on 8/25/2014. (vld)
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| Filing 60 MOTION for Reconsideration re #59 Order on Motion for Reconsideration, or in the alternative, MOTION to Amend #1 Complaint, by Shawna Ensley. (Sharman, Paul) |
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Filing 59
ORDER DENYING North Georgia Mountain Crisis Center's #54 Motion for Reconsideration. Plaintiffs #37 Motion for Summary Judgment on Count I is DENIED, and Defendants #38 Motion for Summary Judgment on Count I is GRANTED. Signed by Judge Richard W. Story on 8/20/2014. (vld)
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| Filing 58 Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 8/14/2014. #54 Motion for Reconsideration was Taken Under Advisement, #55 Motion for Oral Argument was Granted. Written order to follow.(Court Reporter Amanda Lohnaas) (vld) |
| NOTICE of Hearing on Motion re: #54 MOTION for Reconsideration Motion Hearing set for 8/14/2014 at 09:30 AM in ATLA Courtroom 2105 before Judge Richard W. Story. (rag) |
| NOTICE OF CANCELLATION of Hearing re: NOTICE of Hearing on Motion re: #54 MOTION for Reconsideration , #55 MOTION for Oral Argument Motion Hearing set for 8/6/2014 at 02:00 PM in GAIN Courtroom 303 before Judge Richard W. Story. (rag) (rag) |
| NOTICE of Hearing on Motion re: #54 MOTION for Reconsideration , #55 MOTION for Oral Argument Motion Hearing set for 8/6/2014 at 02:00 PM in GAIN Courtroom 303 before Judge Richard W. Story. (rag) |
| NOTICE of Hearing on Motion re: #54 MOTION for Reconsideration Motion Hearing set for 7/18/2014 at 09:30 AM in GAIN Courtroom 103 before Judge Richard W. Story. (rag) |
| NOTICE OF CANCELLATION of Hearing re: NOTICE of Hearing on Motion re: #54 MOTION for Reconsideration Motion Hearing set for 7/18/2014 at 09:30 AM in GAIN Courtroom 103 before Judge Richard W. Story. (rag) (rag) |
| Submission of #55 MOTION for Oral Argument , submitted to District Judge Richard W. Story. (sk) |
| Filing 57 REPLY BRIEF re #54 MOTION for Reconsideration filed by North Georgia Mountain Crisis Network, Inc.. (Nations, Lauren) |
| Submission of #54 MOTION for Reconsideration , submitted to District Judge Richard W. Story. (sk) |
| Filing 56 RESPONSE in Opposition re #54 MOTION for Reconsideration filed by Shawna Ensley. (Sharman, Paul) |
| Filing 55 MOTION for Oral Argument re #54 Motion for Reconsideration of #52 Order by North Georgia Mountain Crisis Network, Inc. (Nations, Lauren) Modified on 4/9/2014 to add proper document link (sk). |
| Filing 54 MOTION for Reconsideration of #52 Order with Brief In Support by North Georgia Mountain Crisis Network, Inc.. (Nations, Lauren) Modified on 4/9/2014 to add proper document link (sk). |
| Filing 53 REPLY BRIEF re #38 MOTION for Summary Judgment filed by Shawna Ensley. (Sharman, Paul) |
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Filing 52
ORDER granting in part and denying in part #37 Motion for Summary Judgment; granting in part and denying in part #38 Motion for Summary Judgment; denying #48 Motion to Disqualify Attorney. The Court reserves ruling on Count I (breach of fiduciary duties), pending further briefing on applicability of ERISAs 3-year limitations period to Plaintiffs claim.Defendants Motion for Summary Judgment is GRANTED as to Plaintiffs claims in Counts II and IV based on Defendants failure to provide her with an SPD any time prior to her termination. Defendants Motion for Summary Judgment is DENIED and Plaintiffs Motion for Summary Judgment is GRANTED as to the claim in Counts II and IV based on Defendants failure to timely provide an SPD inresponse to her attorneys request after her termination. The Court reserves ruling on the issue of statutory penalties under Counts II and V until overall damages in this matter are addressed. Defendants Motion for Summary Judgment is GRANTED as to Count III (interference with Plan benefits/ERISA wrongful termination). Summary Judgment is DENIED as to Count IV (breach of contract).Defendants Motion for Summary Judgment is GRANTED as to Count VI (failure to provide COBRA notice and coverage). Plaintiffs Motion for Summary Judgment is DENIED as to Count VII (attorney fees and costs). Plaintiff may file a surreply on the statute of limitations issue related to the breach of fiduciary claim within 14 days of the entry of this Order. Signed by Judge Richard W. Story on 03/19/14. (sk)
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| Filing 51 REPLY BRIEF re #48 MOTION to Disqualify Attorney filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Nations, Lauren) |
| Submission of #48 MOTION to Disqualify Attorney , submitted to District Judge Richard W. Story. (sk) |
| Filing 50 RESPONSE re #47 Response (Non-Motion), #44 Notice (Other), #46 Notice (Other), Defendant's Reply Brief in Support of Their Notice of Objections to Portions of Declarations of Paul Sharman filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Nations, Lauren) |
| Filing 49 RESPONSE in Opposition re #48 MOTION to Disqualify Attorney filed by Shawna Ensley. (Sharman, Paul) |
| Filing 48 MOTION to Disqualify Attorney with Brief In Support by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Attachments: #1 Exhibit Emails)(Bachman, Charles) |
| Filing 47 RESPONSE re #46 Notice (Other), in Opposition to Defendants' Objections to Portions of Affidavits of Paul Sharman filed by Shawna Ensley. (Sharman, Paul) |
| Filing 46 NOTICE by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan of Objection to Portions of Declarations of Paul Sharman - Corrected Filing (Nations, Lauren) |
| Submission of #38 MOTION for Summary Judgment , submitted to District Judge Richard W. Story. (sk) |
| Filing 45 REPLY to Response to Motion re #38 MOTION for Summary Judgment filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Nations, Lauren) |
| Filing 44 NOTICE by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan of Objections to Portions of Declarations of Paul Sharman (Nations, Lauren) |
| Submission of #37 MOTION for Summary Judgment , submitted to District Judge Richard W. Story. (sk) |
| Filing 43 REPLY to Response to Motion re #37 MOTION for Summary Judgment filed by Shawna Ensley. (Sharman, Paul) |
| Filing 42 RESPONSE in Opposition re #38 MOTION for Summary Judgment filed by Shawna Ensley. (Attachments: #1 Statement of Material Facts Response to Defendants' Statement of Material Facts, #2 Exhibit Exh 1 - Declaration of Paul Sharman, #3 Exhibit Exh 2 - Supplemental Declaration of Shawna Ensley)(Sharman, Paul) |
| Filing 41 NOTICE Of Filing by Shawna Ensley re #37 MOTION for Summary Judgment Withdrawal of Paragraph 5 of Exhibit 10 - Declaration of Paul Sharman (Sharman, Paul) |
| Filing 40 Response to Statement of Material Facts re #37 MOTION for Summary Judgment filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Attachments: #1 Affidavit of Steven Miracle, #2 Exhibit Acknowledge of Receipt of Handbook)(Bachman, Charles) |
| Filing 39 RESPONSE in Opposition re #37 MOTION for Summary Judgment filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Bachman, Charles) |
| Filing 38 MOTION for Summary Judgment with Brief In Support by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Attachments: #1 Brief in Support of Their Motion for Summary Judgment, #2 Statement of Material Facts, #3 Exhibit Slaughter Declaration, #4 Exhibit Excerpts from Miracle Deposition, #5 Exhibit Excerpts from Spiegel Deposition, #6 Exhibit Excerpts from Plaintiff Deposition, #7 Exhibit Excerpts from Hill Deposition, #8 Exhibit Excerpts from Slaughter Deposition)(Nations, Lauren) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 37 MOTION for Summary Judgment with Brief In Support by Shawna Ensley. (Attachments: #1 Statement of Material Facts, #2 Brief, #3 Exhibit Exh 1 - Ensley Deposition Extracts, #4 Exhibit Exh 2 - Holler Deposition Extracts, #5 Exhibit Exh 3 - Spiegel Deposition Extracts, #6 Exhibit Exh 4 - Slaughter Deposition Extracts, #7 Exhibit Exh 5 - Miracle Deposition Extracts, #8 Exhibit Exh 6 - Hill Deposition Extracts, #9 Exhibit Exh 7 - Defendants' Responses to Plaintiffs Requests for Production of Documents, #10 Exhibit Exh 8 - Declaration of Shawna Ensley, #11 Exhibit Exh 9 - Declaration of Johnny Ensley, #12 Exhibit Exh 10 - Declaration of Paul Sharman)(Sharman, Paul) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 36 NOTICE Of Filing Original Discovery by Shawna Ensley in Support of Plaintiff's Motion for Summary Judgment (Attachments: #1 Exhibit Ensley Deposition, #2 Exhibit Slaughter Deposition, #3 Exhibit Miracle Deposition, #4 Exhibit Spiegel Deposition, #5 Exhibit Holler Deposition, #6 Exhibit Hill Deposition)(Sharman, Paul) |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Defendants' Motion for Summary Judgment. Defendant' Motion for Summary Judgment shall be filed on or before July 15, 2013. Signed by Judge Richard W. Story on 6/19/2013. (vld)
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| Filing 34 MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Attachments: #1 Text of Proposed Order)(Nations, Lauren) |
| Filing 33 NOTICE to Take Deposition of Non-Party Linda Holler filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan (Nations, Lauren) |
| Filing 32 Amended NOTICE to Take Deposition of Gerald Hill filed by Shawna Ensley (Sharman, Paul) |
| Filing 31 CERTIFICATE OF SERVICE 5.4 by North Georgia Mountain Crisis Network, Inc..(Nations, Lauren) |
| Filing 30 NOTICE to Take Deposition of Steven Miracle filed by Shawna Ensley (Sharman, Paul) |
| Filing 29 NOTICE to Take Deposition of Jodi Spiegel filed by Shawna Ensley (Sharman, Paul) |
| Filing 28 NOTICE to Take Deposition of Howard Slaughter filed by Shawna Ensley (Sharman, Paul) Modified on 4/25/2013 to correct name (vld). |
| Filing 27 NOTICE to Take Deposition of Howard Slaughter filed by Shawna Ensley (Sharman, Paul) |
| Filing 26 NOTICE to Take Deposition of Gerald Hill filed by Shawna Ensley (Sharman, Paul) |
| Filing 25 CERTIFICATE OF SERVICE for Plaintiff's Responses to Defendants' First Requests for Production of Documents by Shawna Ensley.(Sharman, Paul) |
| Filing 24 CERTIFICATE OF SERVICE for Plaintiff's Responses to Defendants' First Interrogatories by Shawna Ensley.(Sharman, Paul) |
| Filing 23 NOTICE to Take Deposition of Shawna Ensley filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan (Nations, Lauren) |
| Filing 22 First NOTICE to Take Deposition of THE NORTH GEORGIA MOUNTAIN CRISIS NETWORK, INC. GROUP HEALTH AND DENTAL INSURANCE PLAN filed by Shawna Ensley (Sharman, Paul) |
| Filing 21 First NOTICE to Take Deposition of North Georgia Mountain Crisis Network, Inc. filed by Shawna Ensley (Sharman, Paul) |
| Filing 20 CERTIFICATE OF SERVICE filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan (Nations, Lauren) |
| Filing 19 CERTIFICATE OF SERVICE filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan (Nations, Lauren) |
| Filing 18 CERTIFICATE OF SERVICE by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan.(Bachman, Charles) |
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Filing 17
Court Notice Of Filing: Standing Order by Judge Richard W. Story. (rag)
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| Filing 16 Amended Initial Disclosures by Shawna Ensley.(Sharman, Paul) |
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Filing 15
SCHEDULING ORDER approving #11 Joint Preliminary Report and Discovery Plan. Signed by Judge Richard W. Story on 1/31/2013. (vld)
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| Filing 14 CERTIFICATE OF SERVICE for Plaintiff's First Requests for Production of Documents and Things to Defendants by Shawna Ensley.(Sharman, Paul) |
| Filing 13 CERTIFICATE OF SERVICE for Plaintiff's First Interrogatories to Defendants by Shawna Ensley.(Sharman, Paul) |
| Filing 12 Initial Disclosures by Shawna Ensley.(Sharman, Paul) |
| Filing 11 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Attachments: #1 Text of Proposed Order)(Nations, Lauren) |
| Filing 10 Initial Disclosures by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit E)(Nations, Lauren) |
| Filing 9 Certificate of Interested Persons by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Nations, Lauren) |
| Filing 8 NOTICE of Appearance by Lauren Alane Nations on behalf of Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan (Nations, Lauren) |
| Filing 7 ANSWER to #1 COMPLAINT by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. Discovery ends on 5/28/2013.(Bachman, Charles) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer. The deadline for Defendants to Answer Plaintiff's Complaint is EXTENDED through and including December 27, 2012. Signed by Judge Richard W. Story on 12/18/2012. (vld)
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| Filing 5 Consent MOTION for Extension of Time to File Answer by Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Attachments: #1 Exhibit Exhibit A)(Bachman, Charles) |
| Filing 4 Return of Service Executed by Shawna Ensley. Steven Miracle served on 11/26/2012, answer due 12/17/2012; North Georgia Mountain Crisis Network, Inc. served on 11/26/2012, answer due 12/17/2012; Howard Slaughter served on 11/26/2012, answer due 12/17/2012; Jodi Spiegel served on 11/27/2012, answer due 12/18/2012; The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan served on 11/26/2012, answer due 12/17/2012. (Sharman, Paul) |
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Filing 3
ORDER REASSIGNING CASE. Case reassigned to Judge Richard W. Story for all further proceedings. Judge William C. O'Kelley no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 2:12-cv-00254-RWS. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge William C. O'Kelley on 10/30/2012. (dcs)
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| Filing 2 Electronic Summons Issued as to Steven Miracle, North Georgia Mountain Crisis Network, Inc., Howard Slaughter, Jodi Spiegel, The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan. (Attachments: #1 Summons - The North Georgia Mountain Crisis Network, Inc. Group Health and Dental Insurance Plan, #2 Summons - Howard Slaughter, #3 Summons - Steven Miracle, #4 Summons - Jodi Spiegel)(sk) |
| Filing 1 COMPLAINT with Jury Demand filed by Shawn Ensley and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 113E4229517.) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(sk) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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