SENIOR LIFESTYLE CORPORATION v. KEY BENEFITS ADMINISTRATORS, INC.
| SENIOR LIFESTYLE CORPORATION |
| KEY BENEFIT ADMINISTRATORS, INC. |
| 1:2017cv02457 |
| July 20, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
399
ORDER Defendant KBA's granting 322 Motion for Attorney Fees in the amount of $54,499.00 ($68,756.50 minus the $14,257.50 disallowed by the Court), plus the reasonable fees expended by KBA on its reply brief in support of the instant motion.12 The parties are directed to confer and attempt to agree upon that additional amount; if they cannot agree, KBA may file a motion seeking those fees within 21 days of the date of this Order. (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 7/6/2020. (MAC)
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Filing
382
ORDER - The court has identified numerous genuine issues of material fact, which preclude the entry of summary judgment. Accordingly: 1. SLC's Motion for Partial Summary Judgment, 283 , is DENIED. 2. KBA's Cross-Motion for Summary Judgmen t, 304 , is GRANTED IN PART AND DENIED IN PART. 3. SLC's Motion for Leave to File Limited, Four-Page Surreply, 345 , is GRANTED. The Court requests that the Magistrate Judge confer with the parties as soon as practicable to discuss the resolution of this matter short of trial. (See Order). Signed by Judge Jane Magnus-Stinson on 4/28/2020. (JDH)
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Filing
379
AMENDED ORDER - The Court finds that: (1) Ms. Smith's knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (2) her testimony is based on sufficient facts or data; (3) her opinion is based on reliable principles and methods; and (4) she has reliably applied the principles and methods to the facts of the case. See Fed R. Evid. 702. Accordingly, the Court DENIES SLC's Motion to Exclude the Testimony of Rebekah A. Smith, 357 . (See Order). Signed by Judge Jane Magnus-Stinson on 4/17/2020.(JDH) Modified on 4/17/2020 (JDH).
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Filing
377
ORDER - The Court finds that: (1) Ms. Smith's knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (2) her testimony is based on sufficient facts or data; (3) her opinion is based on reliable principl es and methods; and (4) she has reliably applied the principles and methods to the facts of the case. See Fed R. Evid. 702. Accordingly, the Court DENIES SLC's Motion to Exclude the Testimony of Rebekah A. Smit, 357 . (See Order). Signed by Judge Jane Magnus-Stinson on 4/15/2020. (JDH)
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Filing
282
ORDER denying 258 Plaintiff's Motion to Compel Production or Identification of Documents and for Leave to Take Limited Testimony on Same. Signed by Magistrate Judge Mark J. Dinsmore on 9/20/2019. (CBU)
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Filing
241
ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court, having considered the Magistrate Judge's R&R, finds it to be well-reasoned and therefore ADOPTS theR&R 237 as an Order of the Court and GRANTS Defendant's Motion 133 as set forth th erein. Defendant may, within fourteen days of this Order, file a motion for fees with supporting documentation as set forth in the R&R. The Court further REFERS any such motion for fees to the Magistrate Judge to conduct any necessary hearings and to issue a report and recommendation regarding its proper disposition. (See Order). Signed by Judge Jane Magnus-Stinson on 7/19/2019.(JDH)
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Filing
55
ORDER - Plaintiff Senior Lifestyle Corporation ("SLC") alleges that Defendant Key Benefit Administrators, Inc. ("KBA") breached its fiduciary duty under the Employee Retirement Income Security Act of 1974, as amended, ("ERISA "). KBA now moves the Court to dismiss part of SLC's Complaint for failure to establish that KBA had a fiduciary duty under ERISA. [Filing No. 35 .] For the reasons in this Order, the Court DENIES KBA's Motion. SLC's Complaint plausibly pleads a breach of fiduciary duty under ERISA. Accordingly, the Court DENIES KBA's Partial Motion to Dismiss. Filing No. 35 . (See Order). Signed by Judge Jane Magnus-Stinson on 11/15/2017. (APD)
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