Head v. Life Insurance Company of North America
| Donald W. Head |
| Life Insurance Company of North America |
| 6:2023cv00016 |
| January 26, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ORDER: 1. Because this is an ERISA benefits case based on admin. record, initial disclosures under Fed. R. Civ. P. 26(a) are not required. Def. will produce to Plaint. and file in record Admin. Record in this case NLT APRIL 14, 2023. 2. Motions to amend pleadings and join addition parties by Plaint. shall be filed NLT MAY 16, 2023. Def NLT MAY 30, 2023. 3. Parties have stipulated that there shall be no discovery conducted. 4. Parties shall file all dispositive motions by NOVEMBER 4, 2023, with responses thereto governed by the Joint Local Civil Rules. Any depos. cited in a motion or brief must be filed in entirety along with motion or brief. 5. Discovery disputes shall be resolved as set forth in Paragraph 5 of Judge Wier's Standing Case Management and Referral Order #4 . 6. Motion practice shall be governed by Local Rule 7.1 except as otherwise provided in this order. Failure to respond to a motion shall be grounds for the Court to conclude that any arguments in opposition thereto have been waived. 7. As the parties agree that the Court will resolve this ERISA action on cross dispositive motions, no pretrial schedule or trial date is necessary. 8. Court builds the case schedule based on party input. Modification of this schedule thus is disfavored and will only occur under the standards and mechanics of Rule 16 and/or Rule 6, as applicable. 9. Other than the agreed-upon discovery limits within the parties Rule 26(f) report, the default limits within the discovery rules apply. Signed by Magistrate Judge Hanly A. Ingram on 03/06/2023.(JCP)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #10 Joint Status Report (KJA) |
| Filing 10 JOINT STATUS REPORT by Donald W. Head. (Hickman, Andrew) |
| Filing 9 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.. (Wyrick, Mitzi) |
| Filing 8 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Mitzi Wyrick. #6 Answer to Complaint has been filed by Life Insurance Company of North 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 (KJA) |
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Filing 7
ORDER FOR MEETING AND REPORT: (1) WITHIN 21 DAYS, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates. (2) WITHIN 14 DAYS of the meeting, the parties shall file a joint status report containing: see items a-e. Rule 26 Meeting Report due by 3/29/2023. Signed by Magistrate Judge Hanly A. Ingram on 02/22/2023.(JCP)cc: COR
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| Filing 6 ANSWER to #1 Complaint by Life Insurance Company of North America.(Wyrick, Mitzi) |
| Filing 5 SUMMONS Returned Executed by Donald W. Head via Served Process Agent via Certified Mail to Life Insurance Company of North America served on 2/1/2023, answer due 2/22/2023. (Attachments: #1 Attachment Certified Mail Receipt (signed))(Allison, Karl) |
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Filing 4
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier.. Signed by Judge Robert E. Wier on 11/13/2019.(JCP)cc: COR
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| Conflict Check run. (JCP) |
| Filing 3 Summons Issued as to Life Insurance Company of North America; Summons issued and returned to counsel electronically (JCP) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5463859), filed by Donald W. Head. (Attachments: #1 Civil Cover Sheet, #2 Summons Life Insurance Company of North America)(JCP) |
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| Plaintiff: Donald W. Head | |
| Represented By: | Andrew Michael Hickman |
| Represented By: | Karl Cody Allison |
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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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