VANCEL v. UNICARE LIFE INSURANCE COMPANY
| JANIE VANCEL |
| UNICARE LIFE INSURANCE COMPANY and FORD MOTOR COMPANY |
| 1:2015cv01910 |
| December 3, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Denise K laRue |
| Insurance |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Filing 56 ENTRY OF FINAL JUDGMENT - Pursuant to the Court's ruling simultaneously entered on this date, final judgment is hereby entered in favor of Defendants and against Plaintiff. Signed by Judge Sarah Evans Barker on 3/1/2017.(CKM) |
Filing 55
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT; We conclude that the Appeal Committee's denial of benefits to Ms. Vancel was neither arbitrary nor capricious and that the Appeal Committee's decision was well-reasoned and supported by the evidence. Ms. Vancel is not entitled to benefits under the Policy. We GRANT Defendants' Motion for Summary Judgment Dkt. No. #44 and DENY Plaintiff's Motion for Summary Judgment Dkt. No. #36 . Judgment shall enter accordingly. Signed by Judge Sarah Evans Barker on 3/1/2017. (CKM)
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Filing 54
ORDER granting Plaintiff's #38 Motion to Seal. This matter is before the Court on the Plaintiff's Motion to Seal. The Court, being duly advised in the premises, hereby finds that the Plaintiff's Exhibits B and C shall be filed under seal with redacted versions filed with the Court. IT IS ORDERED that the Plaintiff may file Exhibit B and Exhibit C under seal. Signed by Magistrate Judge Denise K. LaRue on 3/1/2017. (SWM)
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Filing 53
ORDER granting #47 Motion to Maintain Document Under Seal #46 SEALED Document (Case Participants - doc)-Plaintiff may file Exhibit B and Exhibit C under seal. Signed by Magistrate Judge Denise K. LaRue on 2/24/2017. (CBU)
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| Filing 52 Submission of Signature Requirement re #50 MOTION to Withdraw Attorney Appearance of Thomas M. Johnson, Jr. by FORD MOTOR COMPANY. (Farrell, Naima) |
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Filing 51
ORDER granting #50 Motion to Withdraw Attorney Appearance. Attorney Thomas M. Johnson, Jr withdrawn as counsel for Ford Motor Company. Signed by Magistrate Judge Denise K. LaRue on 9/27/2016. (CBU)
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| Filing 50 MOTION to Withdraw Attorney Appearance of Thomas M. Johnson, Jr., filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Text of Proposed Order)(Farrell, Naima) |
| Filing 49 ENTRY - On December 30, 2015, Plaintiff filed an amended complaint [Dkt. No. 9], which was answered by Defendant on January 13, 2016. [Dkt. No. 12]. Consequently, Defendant's December 10, 2015 Motion to Dismiss Dkt. No. #6 is DENIED as moot. Signed by Judge Sarah Evans Barker on 9/1/2016. (CKM) |
| Filing 48 BRIEF/MEMORANDUM in Support re #47 Unopposed MOTION to Maintain Document Under Seal #46 SEALED Document (Case Participants - doc) , filed by Defendants FORD MOTOR COMPANY, UNICARE LIFE INSURANCE COMPANY. (Johnson, Blaire) |
| Filing 47 Unopposed MOTION to Maintain Document Under Seal #46 SEALED Document (Case Participants - doc) , filed by Defendants FORD MOTOR COMPANY, UNICARE LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Johnson, Blaire) |
| Filing 46 SEALED Brief in Support of Defendants' Cross Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment, re #44 Motion for Summary Judgment, filed by Defendants FORD MOTOR COMPANY, UNICARE LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - ARI, #2 Exhibit 2 - ARII (Part 1 of 4), #3 Exhibit 2 - ARII (Part 2 of 4), #4 Exhibit 2 - ARII (Part 3 of 4), #5 Exhibit 2 - ARII (Part 4 of 4))(Johnson, Blaire) |
| Filing 45 BRIEF/MEMORANDUM in Support re #44 Cross MOTION for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment, filed by Defendants FORD MOTOR COMPANY, UNICARE LIFE INSURANCE COMPANY. (Johnson, Blaire) |
| Filing 44 Cross MOTION for Summary Judgment , filed by Defendants FORD MOTOR COMPANY, UNICARE LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Johnson, Blaire) |
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Filing 43
ORDER granting #42 Motion for Extension of Time to File Response to #36 MOTION for Summary Judgment . Defendants are given an additional fourteen (14) days in which file their response to Plaintiff's Motion for Summary Judgment and Cross-Motion(s) for Summary Judgment, or until July 19, 2016. Signed by Magistrate Judge Denise K. LaRue on 7/5/2016. (REO)
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| Filing 42 Unopposed MOTION for Extension of Time to File Response to 07/19/2016 re #36 MOTION for Summary Judgment and Cross-Motion(s) for Summary Judgment, filed by Defendants FORD MOTOR COMPANY, UNICARE LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Johnson, Blaire) |
| Filing 41 REDACTION of Exhibit B3 and C to Motion For Summary Judgment filed by JANIE VANCEL. (Christie, Kyle) |
| Filing 40 REDACTION of Exhibit B2 to Motion For Summary Judgment filed by JANIE VANCEL. (Christie, Kyle) |
| Filing 39 REDACTION of Exhibit B1 to Motion For Summary Judgment filed by JANIE VANCEL. (Christie, Kyle) |
| Filing 38 MOTION to Seal Document #37 Brief/Memorandum in Support of Motion only seal Exhbiit B and C, filed by Plaintiff JANIE VANCEL. (Attachments: #1 Proposed Order On Motion To Seal)(Christie, Kyle) |
| Filing 37 BRIEF/MEMORANDUM in Support re #36 MOTION for Summary Judgment , filed by Plaintiff JANIE VANCEL. *** EXHIBITS B AND C SEALED PER ORDER DATED 3/1/2017 *** (Attachments: #1 Designation of Evidence, #2 Exhibit A - Policy, #3 Exhibit B1 of 3-Community Health records, #4 Exhibit B2 of 3-Community Health records, #5 Exhibit B3 of 3-Community Health records, #6 Exhibit C-Death Certificate, #7 Exhibit D-Complaint for Decl. Judgment, #8 Exhibit E-Notice of Tender of Admin. Record, #9 Exhibit F-Notice of Filing of Removal, #10 Exhibit G-Notice of Claim, #11 Exhibit H-Unicare Denial Ltr, #12 Exhibit I-Appeal Letter, #13 Exhibit J-Ford Appeal Denial, #14 Exhibit K-Email to Wright, #15 Exhibit L-Email from Wright)(Christie, Kyle) Modified on 3/2/2017 (SWM). |
| Filing 36 MOTION for Summary Judgment , filed by Plaintiff JANIE VANCEL. (Attachments: #1 Text of Proposed Order)(Christie, Kyle) |
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Filing 35
MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 4/28/2016 - Parties discussed case status. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO)
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Filing 34
ORDER granting #33 Motion for Extension of Time by an additional 30 days in which to file her motion for summary judgment and all subsequent deadlines are extended by an additional 30 days. Signed by Magistrate Judge Denise K. LaRue on 5/9/2016. (CBU)
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| Filing 33 MOTION for Extension of Time to June 2, 2016 To File Motion For Summary Judgment, filed by Plaintiff JANIE VANCEL. (Attachments: #1 Text of Proposed Order)(Christie, Kyle) |
| Filing 31 NOTICE OF TENDER OF ADMINISTRATIVE RECORD IN COMPLIANCE WITH CASE MANAGEMENT PLAN, filed by Defendant UNICARE LIFE INSURANCE COMPANY (Zweig, Sally) |
| Filing 30 NOTICE of Compliance with Case Management Plan, filed by Defendant FORD MOTOR COMPANY (Schiferl, Kevin) |
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Filing 29
ORDER granting #28 Motion to Appear pro hac vice. Attorney Eugene Scalia for FORD MOTOR COMPANY added. Signed by Magistrate Judge Denise K. LaRue on 3/22/2016. (CBU)
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| Filing 28 MOTION for Attorney(s) Kevin C. Schiferl to Appear pro hac vice (Filing fee $100, receipt number 0756-3819206), filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Exhibit A, Certification of Eugene Scalia, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Schiferl, Kevin) |
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Filing 27
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/3/2016. Signed by Magistrate Judge Denise K. LaRue on 3/7/2016.(CBU)
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Filing 26
MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Initial Pretrial Conference held on 2/22/2016 - A discussion was held regarding discovery, settlement, case management plan ("CMP") and related matters. The CMP is approved as amended. This matter is set for a telephonic status conference on THURSDAY, APRIL 28, 2016, AT 4:00 P.M., EASTERN. Counsel will receive call-in instructions for the conference via separate email notification. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO)
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| Filing 25 ANSWER to #9 Amended Complaint and Affirmative Defenses, filed by FORD MOTOR COMPANY.(Schiferl, Kevin) |
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Filing 24
ORDER granting #19 Motion to Appear pro hac vice. Attorney Naima L. Farrell for FORD MOTOR COMPANY added. Copy to Naima L. Farrell via US Mail. Signed by Magistrate Judge Denise K. LaRue on 2/19/2016. (SWM)
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Filing 23
ORDER granting #18 Motion to Appear pro hac vice. Attorney Thomas M. Johnson, Jr. for FORD MOTOR COMPANY added. Copy to Thomas M. Johnson, Jr. via US Mail. Signed by Magistrate Judge Denise K. LaRue on 2/19/2016. (SWM)
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Filing 22
ORDER granting #17 Motion to Appear pro hac vice. Attorney Blaire Bruns Johnson for UNICARE LIFE INSURANCE COMPANY added. Signed by Magistrate Judge Denise K. LaRue on 2/18/2016 (dist made) (CBU)
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Filing 21
ORDER granting #16 Motion to Appear pro hac vice. Attorney Thomas F.A. Hetherington for UNICARE LIFE INSURANCE COMPANY added. Signed by Magistrate Judge Denise K. LaRue on 2/18/2016 (dist made) (CBU)
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| Filing 20 Joint CASE MANAGEMENT PLAN TENDERED, filed by Defendant FORD MOTOR COMPANY . (Schiferl, Kevin) |
| Filing 19 MOTION for Attorney(s) Naima L. Farrell to Appear pro hac vice (Filing fee $100, receipt number 0756-3780685), filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Exhibit A Certification for Naima Farrell, #2 Text of Proposed Order Granting Motion to Appear)(Schiferl, Kevin) |
| Filing 18 MOTION for Attorney(s) Thomas M. Johnson, Jr. to Appear pro hac vice (Filing fee $100, receipt number 0756-3780684), filed by Defendant FORD MOTOR COMPANY. (Attachments: #1 Exhibit A Certification for Thomas Johnson, #2 Text of Proposed Order Granting Motion to Appear)(Schiferl, Kevin) |
| Filing 17 MOTION for Attorney(s) Blaire Bruns Johnson to Appear pro hac vice (Filing fee $100, receipt number 0756-3778926), filed by Defendant UNICARE LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A-Certification of Blaire Bruns Johnson, #2 Text of Proposed Order)(Zweig, Sally) |
| Filing 16 MOTION for Attorney(s) Thomas F.A. Hetherington to Appear pro hac vice (Filing fee $100, receipt number 0756-3778918), filed by Defendant UNICARE LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A-Certification of Thomas F.A. Hetherington, #2 Text of Proposed Order)(Zweig, Sally) |
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Filing 15
SCHEDULING ORDER- Initial Pretrial Conference set for 2/22/2016 at 9:00 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Denise K. LaRue. If a proposed CMP has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. Signed by Magistrate Judge Debra McVicker Lynch on 1/22/2016.(CBU)
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| Filing 14 NOTICE of Parties' First Extension of Time, filed by Defendant FORD MOTOR COMPANY. (Schiferl, Kevin) |
| Filing 13 NOTICE of Appearance by Kevin C. Schiferl on behalf of Defendant FORD MOTOR COMPANY. (Schiferl, Kevin) |
| Filing 12 ANSWER to #9 Amended Complaint [DEFENDANT UNICARE LIFE & HEALTH INSURANCE COMPANY'S ANSWER AND AFFIRMATIVE DEFENSES], filed by UNICARE LIFE INSURANCE COMPANY.(Kazmierczak, Kristopher) |
| Filing 11 Summons Issued as to FORD MOTOR COMPANY. (MAC) |
| Filing 10 Proposed Summons submitted for issuance by the clerk as to FORD MOTOR COMPANY. (Christie, Kyle) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by JANIE VANCEL.(Christie, Kyle) |
| Filing 8 NOTICE of Filing of Amended Complaint by JANIE VANCEL (Christie, Kyle) |
| Filing 7 BRIEF/MEMORANDUM in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant UNICARE LIFE INSURANCE COMPANY. (Kazmierczak, Kristopher) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant UNICARE LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Kazmierczak, Kristopher) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MEH) |
| Filing 4 Corporate Disclosure Statement by UNICARE LIFE INSURANCE COMPANY identifying Corporate Parent ANTHEM, INC. for UNICARE LIFE INSURANCE COMPANY.. (Kazmierczak, Kristopher) |
| Filing 3 NOTICE of Appearance by Sally F. Zweig on behalf of Defendant UNICARE LIFE INSURANCE COMPANY. (Zweig, Sally) |
| Filing 2 NOTICE of Appearance by Kristopher N. Kazmierczak on behalf of Defendant UNICARE LIFE INSURANCE COMPANY. (Kazmierczak, Kristopher) |
| Filing 1 NOTICE OF REMOVAL filed by UNICARE LIFE INSURANCE COMPANY. (Filing fee $400, receipt number 0756-3694793) (Attachments: #1 State Court Record (CCS, Complaint, Summons, Appearance-Plaintiff, Appearance-Defendant, Notice of Automatic Enlargement of Time), #2 Civil Cover Sheet)(Kazmierczak, Kristopher) |
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