Ashcraft-Boettcher v. Life Insurance Company of North America et al
Plaintiff: Darla S. Ashcraft-Boettcher
Defendant: Life Insurance Company of North America, Toyota Motor Manufacturing Kentucky Group Long-Term Disability Plan and Cigna Group Insurance
Case Number: 2:2019cv00101
Filed: July 31, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: David L Bunning
Referring Judge: Candace J Smith
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2019 Filing 16 NOTICE OF FILING by Cigna Group Insurance, Life Insurance Company of North America re #14 Notice of Deficiency re: Rule 7.1 Disclosures, (Wyrick, Mitzi)
September 24, 2019 Opinion or Order Filing 15 ORDER FOR MEETING AND REPORT: (1) Within twenty-one (21) days from the date of the entry of this Order, counselfor the parties shall conduct the meeting of parties required by Rule 26(f) to discuss the possibilities for a prompt settlement or resolution of the case 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 frame required by the Rules and, in the future, shall make supplemental disclosures when required by Rule 26(e). (3) Within ten (10) days after the meeting, the parties shall file a joint status report (4) Should the parties find that a joint report is not possible, the parties shall each file individual reports which the Court shall entertain for the purposes of setting out its Scheduling Order or other appropriate Order. Signed by Judge David L. Bunning on 09/24/2019. (Attachments: #1 MJ Consent form)(KRB)cc: COR
September 20, 2019 ***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #13 Answer to Complaint (TJZ)
September 20, 2019 Filing 14 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Mitzi Wyrick. #13 Answer to Complaint has been filed by Cigna Group Ins., Life Ins. Co. of N America without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TJZ)
September 19, 2019 Filing 13 ANSWER to #1 Complaint,,,,,, by Cigna Group Insurance, Life Insurance Company of North America.(Wyrick, Mitzi)
September 3, 2019 Filing 12 STIPULATION BY COUNSEL TO DISMISS TOYOTA MOTOR MANUFACTURING KENTUCKY GROUP LONG TERM DISABILITY PLAN ONLY WITHOUT PREJUDICE. Signed by Judge David L. Bunning on 09/03/2019.(KRB)cc: COR
August 30, 2019 Opinion or Order Filing 11 ORDER: That Defendant, Life Insurance Company of North America d/b/a Cigna Group Insurance, shall have until and including, September 19, 2019 to answer or otherwise respond to the Complaint. Signed by Magistrate Judge Candace J. Smith on 8/30/2019.(ECO)cc: COR
August 27, 2019 Filing 10 Proposed Agreed Order/Stipulation to extend time to answer or otherwise respond to Complaint by Life Insurance Company of North America. (Calhoun, David)
August 27, 2019 ***FILE SUBMITTED TO CHAMBERS of District Judge David L. Bunning for review: #9 Stipulation of Dismissal (KRB)
August 26, 2019 Filing 9 STIPULATION of Dismissal of Toyota Motor Manufacturing Kentucky Group Long Term Disability Plan Only Without Prejudice by Life Insurance Company of North America. (Calhoun, David)
August 13, 2019 Filing 8 SUMMONS Returned Executed by Darla S. Ashcraft-Boettcher via Certified Mail to Toyota Motor Manufacturing Kentucky Group Long-Term Disability Plan served on 8/8/2019, answer due 8/29/2019. (Perez, Robert)
August 13, 2019 Filing 7 SUMMONS Returned Executed by Darla S. Ashcraft-Boettcher via Certified Mail to Cigna Group Insurance served on 8/8/2019, answer due 8/29/2019; Life Insurance Company of North America served on 8/8/2019, answer due 8/29/2019. (Perez, Robert)
August 2, 2019 Opinion or Order Filing 6 VIRTUAL ORDER:granting #5 MOTION to Appear Pro Hac Vice on behalf of Plaintiff Darla S. Ashcraft-Boettcher, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 08/02/2019. (KRB)cc: COR
August 2, 2019 BAR STATUS Check completed as to Robert Armand Perez, Sr re #5 MOTION to Appear Pro Hac Vice by Darla S. Ashcraft-Boettcher to Admit Robert Armand Perez ( Filing fee $125; receipt number 0643-4426621). (KRB)
August 1, 2019 Filing 5 MOTION to Appear Pro Hac Vice by Darla S. Ashcraft-Boettcher to Admit Robert Armand Perez ( Filing fee $125; receipt number 0643-4426621)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit Affidavit of counsel, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order Granting)(Perez, Robert)
August 1, 2019 Conflict Check run. (ECO)
August 1, 2019 Opinion or Order Filing 4 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
July 31, 2019 Filing 3 Summons Issued as to Cigna Group Insurance, Life Insurance Company of North America, Toyota Motor Manufacturing Kentucky Group Long-Term Disability Plan; Summons issued and returned to counsel electronically (ECO)
July 31, 2019 Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4425728), filed by Darla S. Ashcraft-Boettcher. (Attachments: #1 Table of Contents of Exhibits, #2 Exhibit 1-Group Long-Term Disability (LTD) policy/plan, #3 Exhibit 2-Cigna letter to Plaintiff dated 8/24/2012, #4 Exhibit 3-Social Security Admin. Notice of Award Letter, #5 Exhibit 4-Cigna letter to Plaintiff dated 9/12/2017, #6 Exhibit 5-Plaintiff letter to CIGNA dated 1/14/2018, #7 Exhibit 6-Cigna Letter to Plaintiff dated 3/12/2018, #8 Exhibit 7-Plf Ltr to Cigna dated 8/1/18 w/attached Williamstown Chiropractic Ctr. Ltr and office visit note, #9 Exhibit Cigna Letter dated 8/8/2018, #10 Exhibit 9-Cigna letter to Plaintiff dated 9/12/2018, #11 Exhibit 10-Cigna letter to Plaintiff dated 10/10/2018, #12 Exhibit 11-Cigna letter to Plaintiff dated 11/8/2018, #13 Exhibit 12-Plf ltr to Cigna dated 11/19/2018 w/attached Williamtown Chiropractic Center ltr and physical ability assessment by Dr. Sterneberg, #14 Exhibit 13-Cigna Letter to Plaintiff dated 12/7/2018, #15 Exhibit 14-Cigna letter to Plaintiff dated 2/19/2019, #16 Exhibit 15-Plaintiff's counsel's letter to Cigna dated 5/30/2019, #17 Exhibit 16-Postal records for 5/30/2019 Plf's counsel's ltr to Cigna, #18 Exhibit 17-Cigna letter to Plf's counsel dated 6/14/2019, #19 Civil Cover Sheet, #20 Summons to Life Ins. Co. of North America, #21 Summons Toyota Motor Mfg Ky Group-Term Dis. Plan)(ECO)

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Defendant: Life Insurance Company of North America
Represented By: David A. Calhoun
Represented By: Mitzi Denise Wyrick
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Defendant: Toyota Motor Manufacturing Kentucky Group Long-Term Disability Plan
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Defendant: Cigna Group Insurance
Represented By: Mitzi Denise Wyrick
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Plaintiff: Darla S. Ashcraft-Boettcher
Represented By: Robert Armand Perez, Sr.
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