Turley v. Schlumberger Technology Corporation et al
| David Turley |
| Life Insurance Company of North America doing business as Cigna Insurance Group, Schlumberger Technology Corporation, Schlumberger Group Welfare Benefits Plan and Administrative Committee of the Schlumberger Group Welfare Benefits Plan |
| 2:2021cv00064 |
| May 19, 2021 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 35 STIPULATION of Dismissal by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan, Schlumberger Technology Corporation. (Parsons, Matthew) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #35 Stipulation of Dismissal, (ECO) |
Filing 34
ORDER: 1) Joint Status Report #33 is construed as a Joint Motion for Extension of Time and is granted. 2) By 3/7/2022 parties shall file a proposed agreed order of dismissal. Signed by Magistrate Judge Candace J. Smith on 1/25/2022. (TJZ)cc: COR
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| Set/Reset Deadlines: agreed order of dismissal due 3/7/2022. (TJZ) |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #33 Joint Status Report re #32 Order (ECO) |
| Filing 33 JOINT STATUS REPORT/JOINT MOTION FOR EXTENSION OF TIME by David Turley. (Thornsbury, Elizabeth) Modified text on 1/25/2022 (TJZ). |
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Filing 32
ORDER: 1) Within forty-five (45) days, the same being not later than January 21, 2022, the parties shall file a proposed agreed order of dismissal for District Judge Bertelsman's consideration or a Civil Rule 41-compliant stipulation parties shall instead file a joint status report explaining why they are unable to do so. 2) Any deadlines in this matter are hereby vacated pending finalization of the parties' processing of their settlement. Signed by Magistrate Judge Candace J. Smith on 12/7/2021.(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #31 Notice of Settlement (ECO) |
| Filing 31 NOTICE of Settlement by David Turley (Thornsbury, Elizabeth) |
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Filing 30
ORDER: That the parties shall file a proposed briefing schedule on or before December 10, 2021. Signed by Judge William O. Bertelsman on 11/29/2021.(ECO)cc: COR
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| Filing 29 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re #28 Order on Motion for Leave, by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan (Goebel, Adam) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #26 Answer to Amended Complaint (ECO) |
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Filing 28
ORDER: that Defendants. motion #25 is GRANTED. Defendants shall file the Administrative Record electronically using the ECF system but UNDER SEAL by the November 10, 2021 deadline previously established in the Courts October 27, 2021 Order #24 . Signed by Magistrate Judge Candace J. Smith on 11/9/2021. (ECO)cc: COR
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| Filing 27 NOTICE by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan re #25 MOTION for Leave by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan To File Administrative Record Electronically and Under Seal - NOTICE of Non-Opposition to Defendants' Motion for Leave (Goebel, Adam) |
| Filing 26 ANSWER to #13 Amended Complaint, by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan.(Goebel, Adam) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #25 MOTION for Leave by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan To File Administrative Record Electronically and Under Seal (ECO) |
| Filing 25 MOTION for Leave by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan To File Administrative Record Electronically and Under Seal Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Goebel, Adam) |
| Filing 24 MINUTE ENTRY ORDER FOR MOTION HEARING held on 10/26/2021 before Judge William O. Bertelsman: 1. Defendants motion to dismiss, (Doc. #18 ), be, and is hereby, GRANTED IN- PART AND DENIED IN-PART. The motion is GRANTED as to the dismissal of Schlumberger Technology Corporation as a defendant. The motion is DENIED as to determination of the standard of review and the limitation of discovery into bias and lack of due process. 2. Remaining Defendants shall file the administrative record with the Court ON OR BEFORE NOVEMBER 10, 2021. 3. Defendants shall respond to Plaintiffs settlement demand ON OR BEFORE NOVEMBER 16, 2021. (Court Reporter LISA WIESMAN.) Signed by William O. Bertelsman. (ECO)cc: COR |
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Filing 23
ORDER: That oral argument on defendants' motion for partial dismissal #18 , be, and is hereby RESET FOR TUESDAY, OCTOBER 26, 2021 at 1:00 P.M. Signed by Judge William O. Bertelsman on 10/20/2021.(ECO)cc: COR
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Filing 22
ORDER: that oral argument on this motion #18 be, and is hereby, SET FOR TUESDAY, OCTOBER 19, 2021 AT 1:00 P.M. Signed by Judge William O. Bertelsman on 9/30/2021.(ECO)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO Adam Goebel re #20 Response in Support of Motion; Error: the reply to #18 was incorrectly filed using the event "Response in Support of Motion." Entry by attorney; Clerk modified the docket text of #20 to state, "incorrectly filed." Clerk filed the reply as #21 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (ECO) |
| Filing 21 REPLY to Response to Motion re #18 MOTION to Dismiss by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan, Schlumberger Technology Corporation filed by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan, Schlumberger Technology Corporation. (ECO) |
| Filing 20 "INCORRECTLY FILED as RESPONSE in Support" re 18 MOTION to Dismiss by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan, Schlumberger Technology Corporation filed by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan, Schlumberger Technology Corporation. (Goebel, Adam) "PLEASE see docket entry #21 for the CORRECT ENTRY for this document." Modified to add Incorrectly Filed on 8/16/2021 (ECO). |
| Filing 19 RESPONSE in Opposition re #18 MOTION to Dismiss by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan, Schlumberger Technology Corporation filed by David Turley. (Attachments: #1 Proposed Order)(Thornsbury, Elizabeth) |
| Filing 18 MOTION to Partially Dismiss Plaintiff's Amended Complaint by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan, Schlumberger Technology Corporation (Attachments: #1 Memorandum in Support, #2 Exhibit A - Plan, #3 Exhibit B - SPD, #4 Proposed Order)(Goebel, Adam) Modified text to better describe document on 7/12/2021 (ECO). |
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Filing 17
AGREED ORDER: 1. The Plan and the Administrative Committee, by and through counsel, agree to waive formal service of the summonses issued to them, respectively, with the same effect as if service had been formally waived under Fed. R. Civ. P. 4(d). 2. Notwithstanding the time to file a responsive pleading after waiver specified in Fed. R.Civ. P. 4(d)(3), the Plan and the Administrative Committee shall file a responsive pleading to the Amended Complaint on or before July 9, 2021. 3. Defendants Schlumberger and LINA, which had been previously served with summonses on the original complaint, shall have an extension through and including July 9, 2021, to file a responsive pleading to the Amended Complaint. 4. The original complaint (Docket #1 ) and motion to dismiss (Docket #10 ) are rendered MOOT by the filing of the Amended Complaint, and are hereby withdrawn by the respective filing parties. This shall not be a waiver of Defendants' ability to respond to the Amended Complaint by any means available under the Federal Rules nor preclude Defendants from reasserting any argument contained in the motion to dismiss the original complaint to the extent it remains applicable to the amended complaint, except any objections based on the absence of a summons or of service on the Plan and the Administrative Committee. Signed by Magistrate Judge Candace J. Smith on 6/29/2021. (ECO)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #16 Proposed Agreed Order Waiving Service of Summons, Withdrawing Motion to Dismiss, and Extending Time for Defendants to Respond to Amended Complaint by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company (ECO) |
| Filing 16 Proposed Agreed Order Waiving Service of Summons, Withdrawing Motion to Dismiss, and Extending Time for Defendants to Respond to Amended Complaint by Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Life Insurance Company of North America, Schlumberger Group Welfare Benefits Plan, Schlumberger Technology Corporation. (Goebel, Adam) |
| Filing 15 Summons Issued as to Administrative Committee of the Schlumberger Group Welfare Benefits Plan, Schlumberger Group Welfare Benefits Plan; Summons issued and returned to counsel electronically (ECO) |
| Filing 14 RESPONSE in Opposition re #10 MOTION to Dismiss by Life Insurance Company of North America, Schlumberger Technology Corporation filed by David Turley. (Attachments: #1 Exhibit A - Amended Complaint)(Thornsbury, Elizabeth) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by David Turley. (Attachments: #1 Summons Administrative Committee of the Schlumberger Group Welfare Benefits Plan, #2 Summons Schlumberger Group Welfare Benefits Plan)(Thornsbury, Elizabeth) |
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Filing 12
VIRTUAL ORDER: granting #9 Motion for Matthew G. Sheridan to Appear Pro Hac Vice as co-counsel on behalf of Defendants Schlumberger Technology Corporation and Life Insurance Company of North America, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/7/2021. (ECO)cc: COR with copy of ECF Registration Form mailed to Atty Matthew Sheridan
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Filing 11
VIRTUAL ORDER: granting #8 Motion for Travis J. Sales to Appear Pro Hac Vice as co-counsel on behalf of Defendants Schlumberger Technology Corporation and Life Insurance Company of North America, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/7/2021. (ECO)cc: COR with copy of ECF Registration Form mailed to Atty Travis Sales.
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| Filing 10 MOTION to Dismiss by Life Insurance Company of North America, Schlumberger Technology Corporation (Attachments: #1 Memorandum in Support, #2 Exhibit A - Group Welfare Benefits Plan, #3 Exhibit B - Schlumberger Disability Plan, #4 Proposed Order)(Goebel, Adam) |
| NOTICE OF DOCKET MODIFICATION TO Adam Goebel re #9 MOTION for Matthew G. Sheridan to Appear Pro Hac Vice and #8 MOTION for Travis J. Sales to Appear Pro Hac Vice; Error: attachments were insufficiently described as Exhibit Affidavit.Entry by attorney; Correction: the Clerk renamed the attachments.Attachments must be adequately described. Example: Exhibit A (incorrect);Exhibit A Affidavit of John Doe (correct). No further action required bycounsel. cc: COR (ECO) |
| BAR STATUS Check completed as to Travis J. Sales, Matthew G. Sheridan re #9 MOTION for Matthew G. Sheridan to Appear Pro Hac Vice by Life Insurance Company of North America, Schlumberger Technology Corporation ( Filing fee $125; receipt number 0643-4976921), #8 MOTION for Travis J. Sales to Appear Pro Hac Vice by Life Insurance Company of North America, Schlumberger Technology Corporation ( Filing fee $125; receipt number 0643-4976902). (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #9 MOTION for Matthew G. Sheridan to Appear Pro Hac Vice by Life Insurance Company of North America, Schlumberger Technology Corporation ( Filing fee $125; receipt number 0643-4976921), #8 MOTION for Travis J. Sales to Appear Pro Hac Vice by Life Insurance Company of North America, Schlumberger Technology Corporation ( Filing fee $125; receipt number 0643-4976902) (ECO) |
| Filing 9 MOTION for Matthew G. Sheridan to Appear Pro Hac Vice by Life Insurance Company of North America, Schlumberger Technology Corporation ( Filing fee $125; receipt number 0643-4976921)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of Matthew G. Sheridan, #2 Certificate of Good Standing, #3 Proposed Order)(Goebel, Adam) Modified text on 5/24/2021 (ECO). |
| Filing 8 MOTION for Travis J. Sales to Appear Pro Hac Vice by Life Insurance Company of North America, Schlumberger Technology Corporation ( Filing fee $125; receipt number 0643-4976902)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of Travis J. Sales, #2 Certificate of Good Standing, #3 Proposed Order)(Goebel, Adam) Modified text on 5/24/2021 (ECO). |
| Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Life Insurance Company of North America identifying Corporate Parent New York Life Insurance Company for Life Insurance Company of North America.. (Goebel, Adam) |
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Schlumberger Technology Corporation identifying Corporate Parent Schlumberger Limited, Corporate Parent Schlumberger BV, Corporate Parent Schlumberger Holdings Corporation for Schlumberger Technology Corporation.. (Goebel, Adam) |
| Filing 5 NOTICE TO ATTORNEY Travis J. Sales by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (ECO) |
| Filing 4 NOTICE TO ATTORNEY Matthew G. Sheridan by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (ECO) |
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Filing 3
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Pendleton County Circuit Court, case number 21-CI-00048. ( Filing fee $402; receipt number 0643-4974354), filed by Schlumberger Technology Corporation, Life Insurance Company of North America. (Attachments: #1 Exhibit 1-State Court Record)(ECO) |
| Conflict Check run. (ECO) |
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