Helton v. Liberty Life Assurance Company of Boston
| Steven Helton |
| Liberty Life Assurance Company of Boston |
| 2:2019cv00003 |
| January 15, 2019 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 |
| Plaintiff |
Docket Report
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Filing 14
ORDER FOR MEETING AND REPORT: 1) Within 21 days, counsel shall conduct the meeting of parties required by Rule 26(f) to discuss the possibilities for a prompt settlement and to develop a proposed case management plan. 2) At the time of the meeting, counsel for the parties shall determine whether this action is exempt from the Rule 26(a)(1) disclosures pursuant to Rule 26(a)(1)(B)(i). If the action is not exempt, the parties shall make the required disclosures within the time required by the Rules and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3) Within 10 days after the meeting, the parties shall file a joint status report containing: (a) the identity of each participant and the party each participant represents; (b) the parties views and proposals required by Rule 26(f); (c) whether settlement is a possibility; (d) whether the parties agree as to the exact nature of this action under the ERISA, 29 U.S.C. 1001; (e) the length of time counsel reasonably believe will be necessary to file the administrative record and other relevant plan documents; (f) the length of time counsel reasonably believe will be necessary to join other parties and to amend the pleadings; (g) whether the parties agree concerning discovery beyond that contained in the administrative record or information submitted during the administrative appeals process. If the parties do not agree, each party shall submit a memorandum of points and authorities on whether discovery is needed or permissible concurrently with the parties report of planning meeting. These memoranda shall not exceed 5 pages and should address the holding of the 6CCA in Wilkins v. Baptist Healthcare Sys., Inc., 150 F.3d 609, 618 (6th Cir. 1998) as well as any other relevant authority; (h) the length of time counsel reasonably believe will be necessary to file dispositive motions; (i) whether the parties agree as to the applicable standard of review they believe should be applied by this Court. If the parties do not agree, each party shall submit a memorandum of points and authorities regarding the standard of review applicable to this action concurrently with the parties report of planning meeting. These memoranda shall not 5 pages;(j) whether the parties desire a scheduling conference before entry of a scheduling order; (k) identify any other additional issues the parties believe are unique to this action; (l) whether the parties will consent to the jurisdiction of the presiding Magistrate Judge (Smith) for all further proceedings pursuant to 28 U.S.C. 636(c). Consent forms are attached to this order. Signed by Judge David L. Bunning on 3/12/2019. (Attachments: #1 MJ Consent Form)(TJZ)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #13 Answer to Complaint (TJZ) |
| Filing 13 ANSWER to #1 Complaint, by Liberty Life Assurance Company of Boston.(Mathisen, Eric) |
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Filing 12
VIRTUAL ORDER: granting #9 MOTION for Eric P. Mathisen to Appear Pro Hac Vice on behalf of Defendant Liberty Life Assurance Company of Boston, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 2/15/2019. (TJZ)cc: COR
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Filing 11
ORDER: Defendant's Agreed Motion for Extension of Time #8 is granted. Defendant shall have until 3/12/2019 to answer plaintiff's complaint. Signed by Magistrate Judge Candace J. Smith on 2/15/2019.(TJZ)cc: COR
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| BAR STATUS Check completed re #9 MOTION for Eric P. Mathisen to Appear Pro Hac Vice by Liberty Life Assurance Company of Boston ( Filing fee $125; receipt number 0643-4285859). (TJZ) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #9 MOTION for Eric P. Mathisen to Appear Pro Hac Vice by Liberty Life Assurance Company of Boston ( Filing fee $125; receipt number 0643-4285859), #8 CONSENT MOTION for Extension of Time to File Answer re #1 Complaint, by Liberty Life Assurance Company of Boston (TJZ) |
| Filing 10 SUMMONS RETURNED SERVICE BY SECRETARY OF STATE to Liberty Life Assurance Company of Boston COMPLETED on 2/14/2019. Secretary of State return states summons and documents served via certified mail, return receipt requested. (Attachments: #1 certified mail receipt)(TJZ) |
| Filing 9 MOTION for Eric P. Mathisen to Appear Pro Hac Vice by Liberty Life Assurance Company of Boston ( Filing fee $125; receipt number 0643-4285859)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of Eric P. Mathisen, #2 Certificate of Good Standing, #3 Proposed Order)(Roberts, Kevin) |
| Filing 8 CONSENT MOTION for Extension of Time to File Answer re #1 Complaint, by Liberty Life Assurance Company of Boston Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Roberts, Kevin) |
| Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Liberty Life Assurance Company of Boston identifying Corporate Parent Lincoln National Corporation, Corporate Parent The Lincoln National Life Insurance Company for Liberty Life Assurance Company of Boston.. (Roberts, Kevin) |
| Filing 6 NOTICE of Appearance by Kevin Edward Roberts on behalf of Liberty Life Assurance Company of Boston (Roberts, Kevin) |
| Filing 5 CERTIFIED MAIL RETURN RECEIPT to Secretary of State re #4 Summons Issued. (ECO) |
| Filing 4 Summons Issued as to Liberty Life Assurance Company of Boston; Summons issued and returned to counsel by U.S. Mail for service by Secretary of State Packet (2 attested copies of Complaint and certified mail receipt). (ECO) |
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Filing 3
STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this Court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011.(ECO)cc: COR
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| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4260607), filed by Steven Helton. (Attachments: #1 Civil Cover Sheet, #2 Summons -Libert Life Assurance Co of Boston, #3 Exhibit A-Liberty Mutual Letter dated 1/29/18, #4 Exhibit B-Knoebel Letter dated 6/1/2018, #5 Exhibit C-Liberty Mutual Letter dated 10/5/18)(ECO) |
| Conflict Check run. (ECO) |
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| Defendant: Liberty Life Assurance Company of Boston | |
| Represented By: | Eric P. Mathisen |
| Represented By: | Kevin Edward Roberts |
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| Plaintiff: Steven Helton | |
| Represented By: | Steven D. Jaeger |
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