Collins v. Guardian Life Insurance Company of America
| Mamie Collins |
| Guardian Life Insurance Company of America |
| 1:2021cv00467 |
| November 29, 2021 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on January 14, 2022. A more recent docket listing may be available from PACER.
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Filing 38
RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on January 14, 2022. (bbb)
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Filing 37
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ZACHARY LOGAN GOULD re: #35 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/6/2022. ZACHARY LOGAN GOULD, ESQ. (Firm: Maynard Cooper & Gale, P.C.) added as attorney Pro Hac Vice as to Defendant Guardian Life Insurance Company of America (jo)
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Filing 36
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE hearing held on January 5, 2022. Dates given. Court to prepare Scheduling Order. Non-Jury Trial is set for 01/04/2023 at 8:30 a.m. in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Telephonic Final Pretrial Conference is set for 11/22/2022 at 9:45 a.m. before CHIEF JUDGE J. MICHAEL SEABRIGHT. Settlement Conference is set for 10/03/2022 at 10:00 a.m. by Video Tele-Conference (VTC) before CHIEF JUDGE J. MICHAEL SEABRIGHT. Dispositive Motions filed by 08/03/2022. Discovery Deadline N/A.Other Matters:1. Lodging of the Administrative Record on or before April 15, 2022.2. The Parties will file cross motions on or before April 15, 2022.3. The Parties will file Response Briefs on or before May 20, 2022.4. The Parties agree to forego filing Reply Briefs.If the parties so wish to hold an Early Settlement Conference with the Court, they may do so by contacting Magistrate Judge Kenneth J. Mansfield's Courtroom Manager, Bernie Aurio at (808) 541-1298 or by email at bbb@hid.uscourts.gov at anytime.One double sided hard copy of the Settlement Conference Statements from each party shall be delivered to the Clerk's Office followed by an electronic version to be emailed to mansfield_orders@hid.uscourts.gov.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668(AT&T Service 9:00 - 9:05) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 35
MOTION for Pro Hac Vice Re: Zachary Logan Gould Filing fee $ 300, receipt number AHIDC-2626416.John S. Mackey appearing for Defendant Guardian Life Insurance Company of America (Mackey, John)
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ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document #35 MOTION for Pro Hac Vice includes a proposed order that requires the judge's signature. If the filing party has not already done so, please email the document to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo)
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Filing 34
Scheduling Conference Statement (Stipulated Rule 16 Scheduling Conference Statement). (Ota, William)
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Filing 33
ORDER GRANTING AMENDED MOTION TO APPEAR PRO HAC VICE AS TO CHRIS ROY re: #32 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/29/2021. CHRIS ROY, ESQ. (Firm: Roy Law Group) added as attorney Pro Hac Vice as to Plaintiff Mamie Collins(jo)
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Filing 32
MOTION for Pro Hac Vice (Amended Motion to Appear Pro Hac Vice; Amended Declaration of Counsel) Filing fee $ 300.William N. Ota appearing for Plaintiff Mamie Collins (Attachments: #1 Declaration of Counsel)(Ota, William) Modified on 12/28/2021 (jo)
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ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document #31 MOTION for Pro Hac Vice includes a proposed order that requires the judge's signature. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo)
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Filing 31
MOTION for Pro Hac Vice (Motion to Appear Pro Hac Vice; Declaration of Counsel; Order Granting Motion to Appear Pro Hac Vice as to Chris Roy) Filing fee $ 300, receipt number AHIDC-2623449.William N. Ota appearing for Plaintiff Mamie Collins (Attachments: #1 Declaration of Counsel, #2 Order Granting Motion to Appear Pro Hac Vice as to Chris roy)(Ota, William)
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Filing 30
NOTICE of Appearance by William N. Ota on behalf of Mamie Collins on behalf of Mamie Collins. (Attachments: #1 Certificate of Service)(Ota, William)
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Filing 29
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA AND ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/20/2021. Attorneys Gabriel T Baker and Steven Douglas Jensen terminated.(jo)
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Filing 28
NOTICE of Appearance by Ashley C. Chinen on behalf of Guardian Life Insurance Company of America on behalf of Guardian Life Insurance Company of America. (Chinen, Ashley)
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Filing 27
NOTICE of Appearance by John S. Mackey on behalf of Guardian Life Insurance Company of America on behalf of Guardian Life Insurance Company of America. (Mackey, John)
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ADVISORY ENTRY-Re: The entry docket number #27 Notice of Appearance filed by John S. Mackey ~ Please be advised that the Notice of Appearance reflects that Attorneys John S. Mackey and Ashley C. Chinen are appearing as counsel for Defendant. The Notice is e-filed by John S. Mackey. It is recommended that a Notice of Appearance be submitted by each attorney, using their respective CM/ECF accounts. The filing system will prompt the specific attorney, whose login is used, to associate to the case. For information concerning CM/ECF registration, the filing party may refer to the Court's website, www.hid.uscourts.gov., see "CM/ECF Resources". (jni)
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Filing 26
EO: The Status Conference previously set for 02/28/2022 IS ADVANCED TO 01/05/2022, at 9:00 a.m. HST, before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through the court's AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm2)
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COURT'S CERTIFICATE OF SERVICE - a copy of ECF No. 26 Entering Order will be served by First Class Mail to Chris Roy, Esq., Gabriel T. Baker, Esq., Jesse Cowell, Esq., Richard Darrin Class, Esq., and Steven Douglas Jensen, Esq. to the addresses of record on November 30, 2021. (jo)
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Filing 25
ORDER SETTING STATUS CONFERENCE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/29/2021. Status Conference - MJ is set for 2/28/2022 09:30 AM in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD.(jni)
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Filing 24
NOTICE TO PARTIES:The Clerk of Court for the U.S. District Court, District of Hawaii, gives notice of its receipt of the electronic case record for 2:21-cv-00206; Collins v. Guardian Life Insurance Company of America, transferred from the Eastern District of Washington.Please be advised that U.S. District Chief Judge J. Michael Seabright and U.S. Magistrate Judge Kenneth J. Mansfield have been assigned to this case. Accordingly, please reflect new civil number CV 21-00467 JMS-KJM on all further filings.Submission of Pro Hac Vice Applications:The parties may refer to LR83.1 of the Local Rules for the District of Hawaii with respect to the submission of applications for pro hac vice admittance and the designation of local counsel (a member in good standing of the bar of this court who maintains an office within this district). The Local Rules for the District of Hawaii and the "Motion to Appear Pro Hac Vice and Declaration of Counsel Package" (form HID007-007a) are available on the Court's website at www.hid.uscourts.gov.(jni)
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Filing 23
NOTICE of Case Assignment: Please reflect Civil case number CV 21-00467 JMS-KJM on all further pleadings. (jni)
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Filing 22
Case transferred in from District of Washington Eastern; Case Number 2:21-cv-00206. Original file certified copy of transfer order and docket sheet received.
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Filing 21
ORDER GRANTING #8 MOTION TO TRANSFER VENUE. File is CLOSED. Case transferred to District of Hawaii Signed by Judge Salvador Mendoza, Jr. (SG, Case Administrator) [Transferred from Washington Eastern on 11/29/2021.]
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COURT'S CERTIFICATE of Service - a copy of 23 Notice of Case Assignment, 24 Notice to Parties, #25 Order Setting Status Conference, have been served by First Class Mail to Chris Roy, Esq., Gabriel T. Baker, Esq., Jesse Cowell, Esq., Richard Darrin Class, Esq., and Steven Douglas Jensen, Esq. to the addresses of record on November 30, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)
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Filing 20
ORDER GRANTING #19 STIPULATED MOTION TO REVISE CASE SCHEDULE DATES re: Court's Scheduling Order, ECF No. #18 . Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 19
Stipulated MOTION to Amend/Correct #18 Scheduling Order, by Guardian Life Insurance Company of America. Motion Hearing set for 11/5/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Proposed Order)(Jensen, Steven) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 18
SCHEDULING ORDER: Pretrial Conference set for 8/9/2022 at 10:00 AM in Spokane Courtroom 755. Bench Trial set for 9/12/2022 at 9:00 AM in Spokane Courtroom 755, with a Final Pretrial Conference at 8:30 AM. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 17
Minute Entry for TELEPHONIC proceedings held before Judge Salvador Mendoza, Jr: Scheduling Conference held on 10/28/2021. (Reported/Recorded by: Kimberly Allen) (TNC, Courtroom Deputy) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 16
TEXT ORDER: Before the Court is Plaintiff's Stipulated Motion to File the Administrative Record Under Seal, ECF No. #15 . The Court finds good cause exists for the record to be filed under seal and GRANTS the motion. The Clerk's Office is directed to file the administrative record in this matter as a sealed document. TEXT-ONLY ENTRY; NO PDF DOCUMENT WILL ISSUE. THIS TEXT-ONLY ENTRY CONSTITUTES THE COURT'S ORDER OR NOTICE ON THE MATTER. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 15
Motion for leave to file Administrative Record under Seal by Mamie Collins. (Cowell, Jesse) Modified on 10/12/2021 per attorney, to correct event type, which was inadvertently filed as a sealed motion. (CLP, Case Administrator). [Transferred from Washington Eastern on 11/29/2021.]
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Filing 14
STATUS REPORT by Mamie Collins. (Cowell, Jesse) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 13
REPLY MEMORANDUM re #8 MOTION to Change Venue filed by Guardian Life Insurance Company of America. (Jensen, Steven) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 12
DECLARATION by Jesse Cowell in Opposition re #8 MOTION to Change Venue Declaration of Jesse Cowell in Support of Plaintiff's Response in Opposition to Defendant's Motion to Transfer Venue filed by Mamie Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cowell, Jesse) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 11
RESPONSE to Motion re #8 MOTION to Change Venue Plaintiff's Response in Opposition to Defendant's Motion to Transfer Venue filed by Mamie Collins. (Cowell, Jesse) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 10
DECLARATION by Melanie Wiltrout in Support re #8 MOTION to Change Venue filed by Guardian Life Insurance Company of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Baker, Gabriel) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 9
MEMORANDUM of Points and Authorities in Support re #8 MOTION to Change Venue filed by Guardian Life Insurance Company of America. (Baker, Gabriel) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 8
MOTION to Change Venue by Guardian Life Insurance Company of America. Motion Hearing set for 10/18/2021 Without Oral Argument before Judge Salvador Mendoza Jr. (Attachments: #1 Text of Proposed Order)(Baker, Gabriel) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 7
SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference set for 10/28/2021 at 08:30 AM via Teleconference before Judge Salvador Mendoza Jr. (Attachments: #1 Consent to MJ Form)(TNC, Courtroom Deputy) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Guardian Life Insurance Company of America. (Jensen, Steven) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 5
ANSWER to Complaint by Guardian Life Insurance Company of America.(Jensen, Steven) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 4
NOTICE of Appearance by Gabriel T Baker on behalf of Guardian Life Insurance Company of America (Attorney Gabriel T Baker added to party Guardian Life Insurance Company of America(pty:dft))(Baker, Gabriel) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 3
NOTICE of Appearance by Steven Douglas Jensen on behalf of Guardian Life Insurance Company of America (Attorney Steven Douglas Jensen added to party Guardian Life Insurance Company of America(pty:dft))(Jensen, Steven) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 2
WAIVER OF SERVICE Returned Executed by Mamie Collins re Guardian Life Insurance Company of America. (Cowell, Jesse) [Transferred from Washington Eastern on 11/29/2021.]
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Filing 1
COMPLAINT against Guardian Life Insurance Company of America ( Filing fee $ 402; Receipt # AWAEDC-3829180) Filed by Mamie Collins. (Attachments: #1 Civil Cover Sheet)(Cowell, Jesse) [Transferred from Washington Eastern on 11/29/2021.]
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Notice of Judge Assignment. Judge Salvador Mendoza, Jr assigned to case. (CLP, Case Administrator) [Transferred from Washington Eastern on 11/29/2021.]
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