Roberts v. Life Insurance Company of North America et al
| Patricia Roberts |
| Life Insurance Company of North America, Madonna Manor, Inc. and Chi Living Communities, Inc. |
| 2:2024cv00027 |
| February 26, 2024 |
| 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. § 1132 E.R.I.S.A.-Employee Benefits |
| Defendant |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 21
AGREED ORDER that Defendants' deadline to reply in support of their motions to dismiss #10 and #11 is extended to May 6, 2024.Signed by Magistrate Judge Candace J. Smith on 04/19/2024.(TBB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #20 Proposed Agreed Order Extending Reply Deadline by Life Insurance Company of North America. (SLG) |
| Filing 20 Proposed Agreed Order Extending Reply Deadline by Life Insurance Company of North America. (Thrash, Braxton) |
| Filing 19 RESPONSE in Opposition re #11 MOTION to Dismiss by Chi Living Communities, Inc., Madonna Manor, Inc. MOTION to Strike, #10 MOTION to Dismiss by Life Insurance Company of North America MOTION to Strike filed by Patricia Roberts. (Attachments: #1 Exhibit A - CHI Motion Dismiss, #2 Exhibit B - Cruz Order, #3 Exhibit C - IRS PL, #4 Exhibit D - DOL Advisory Opinion, #5 Exhibit E - Madonna Articles, #6 Exhibit F - CHI Articles, #7 Exhibit G - Dignity Mot Dismiss)(Grabhorn, Andrew) |
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Filing 18
AGREED ORDER: Plaintiffs deadline to respond to Defendants motions todismiss (Doc. #10 and #11 ) is extended to, and including, April 8, 2024. Signed by Magistrate Judge Candace J. Smith on 03/20/2024.(SLG)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #17 Proposed Agreed Order Extending Response Deadline by Patricia Roberts. (SLG) |
| Filing 17 Proposed Agreed Order Extending Response Deadline by Patricia Roberts. (Grabhorn, Andrew) |
| Filing 16 NOTICE OF FILING by Chi Living Communities, Inc., Madonna Manor, Inc. re #11 MOTION to Dismiss by Chi Living Communities, Inc., Madonna Manor, Inc. MOTION to Strike (Attachments: #1 Proposed Order)(Mitchell, Jennifer) |
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Filing 15
ORDER: Defendant Life Ins. Co. of North America's motion for attorney William B. Wahlheim to appear pro hac vice #9 is GRANTED. Signed by Magistrate Judge Candace J. Smith on 3/5/2024. (TJG)cc: COR
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| Filing 14 NOTICE OF FILING by Life Insurance Company of North America re #9 MOTION for William B. Wahlheim, Jr. to Appear Pro Hac Vice by Life Insurance Company of North America ( Filing fee $125; receipt number AKYEDC-5782423) (Attachments: #1 Proposed Order Proposed Order)(Thrash, Braxton) |
| NOTICE OF DEFICIENCY TO Jennifer Mitchell re #11 MOTION to Dismiss by Chi Living Communities, Inc., Madonna Manor, Inc.;attorney failed to submit a proposed order as an electronic attachment to themotion. Entry by attorney; within 7 calendar days, prepare adocument entitled Notice of Filing, file the Notice using the event Notice ofFiling, attach the proposed order, and create a link to the related docket entry.cc: COR (TJG) |
| BAR STATUS Check completed re #9 MOTION for William B. Wahlheim, Jr. to Appear Pro Hac Vice by Life Insurance Company of North America ( Filing fee $125; receipt number AKYEDC-5782423). (TJG) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #9 MOTION for William B. Wahlheim, Jr. to Appear Pro Hac Vice by Life Insurance Company of North America ( Filing fee $125; receipt number AKYEDC-5782423) (TJG) |
| Filing 13 ANSWER to Complaint by Life Insurance Company of North America.(Thrash, Braxton) |
| Filing 12 ANSWER to Complaint by Chi Living Communities, Inc., Madonna Manor, Inc..(Mitchell, Jennifer) |
| Filing 11 MOTION to Dismiss and Motion to Strike Jury Demand by Chi Living Communities, Inc., Madonna Manor, Inc. (Mitchell, Jennifer). Added MOTION to Strike on 3/5/2024 (TJG). (Additional attachment(s) added on 3/13/2024: #1 Proposed Order) (SLG). |
| Filing 10 MOTION to Dismiss and Motion to Strike Jury Demand by Life Insurance Company of North America (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Thrash, Braxton) Modified text on 3/5/2024 (TJG). Added MOTION to Strike on 3/5/2024 (TJG). |
| NOTICE OF DEFICIENCY TO William B. Wahlheim, Jr. re #9 MOTION for William B. Wahlheim, Jr. to Appear Pro Hac Vice by Life Insurance Company of North America ( Filing fee $125; receipt number AKYEDC-5782423);attorney failed to submit a proposed order as an electronic attachment to themotion. Entry by attorney; within 7 calendar days, prepare adocument entitled Notice of Filing, file the Notice using the event Notice ofFiling, attach the proposed order, and create a link to the related docket entry.cc: COR(TJG) |
| Filing 9 MOTION for William B. Wahlheim, Jr. to Appear Pro Hac Vice by Life Insurance Company of North America ( Filing fee $125; receipt number AKYEDC-5782423)Motions referred to Candace J. Smith. (Wahlheim, William) (Additional attachment(s) added on 3/5/2024: #1 proposed order) (TJG). |
| Filing 8 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Chi Living Communities, Inc., Madonna Manor, Inc.. (Mitchell, Jennifer) |
| Filing 7 REQUEST FOR FEE REFUND TO CREDIT CARD by Life Insurance Company of North America . (Thrash, Braxton) |
| NOTICE OF FEE REFUND APPROVED re #7 Request for Fee Refund ; the fee transaction involving Receipt No. AKYEDC-5778193 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 405.00 was successfully completed on 02/27/2024 at 02:09:44 PM cc: COR (SLG) |
| Filing 6 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.. (Thrash, Braxton) |
| Filing 5 NOTICE TO ATTORNEY William B. Wahlheim, Jr. by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 83.1, #2 83.2)(SLG) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Alice A. Jones and Jennifer Orr Mitchell. #1 Notice of Removal, has been filed by Madonna Manor, Inc. and Chi Living Communities, Inc. 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 (SLG) |
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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 01/13/2011.(SLG)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Boone County Circuit Court, case number 24-CI-00161. Filing fee $405; receipt number BKYEDC-5778193, filed by Chi Living Communities, Inc., Life Insurance Company of North America, Madonna Manor, Inc. (Attachments: #1 Exhibit A-State Court Record, #2 Exhibit B-Life Policy, #3 Exhibit C-Declaration, #4 Civil Cover Sheet)(SLG) |
| Conflict Check run. (SLG) |
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