Sizemore v. MetLife FEGLI
| Estate of Lloyd Donald Sizemore |
| MetLife FEGLI |
| 6:2023cv00151 |
| August 17, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| NOTICE OF DEFICIENCY and NOTICE OF DOCKET MODIFICATION TO Johnnie L. Turner re #15 RESPONSE: Error 1: the reply to #9 , #11 was incorrectly filed using the event "Response." Entry by attorney; Clerk modified the docket text of #15 to state, incorrectly filed. Clerk filed the reply as #16 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. Error 2: a link was not created to the related document. Entry by attorney; Clerk modified the entry to create the link; In the future, create a link to the related document. No further action required by counsel. Error 3: exhibits were filed together with the main document instead of as separate attachments. Entry by attorney; Clerk added the exhibits as separate attachments. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel. Error 4: the main document was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY when you cannot electronically prepare your documents with word processing software and convert them to PDF format. No further action required by counsel. cc: COR (APR) |
| ***MOTIONS SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #11 AMENDED MOTION to Remand to State Court by Estate of Lloyd Donald Sizemore , #9 FIRST MOTION to Remand to State Court by Estate of Lloyd Donald Sizemore (APR) |
| Filing 16 REPLY to Response (styled as "Plaintiff's Sur-Response to Defendant's Objection to Plaintiff's Motion to Remand") to Motion re #11 AMENDED MOTION to Remand to State Court by Estate of Lloyd Donald Sizemore , #9 FIRST MOTION to Remand to State Court by Estate of Lloyd Donald Sizemore filed by Estate of Lloyd Donald Sizemore. Filed pursuant to QC re: #15 . (Attachments: #1 Exhibit 1 - Harlan District Court Order, #2 Exhibit 2 - Designation of Beneficiary, #3 Exhibit 3 - Plaintiff's Letters to Defendant, #4 Exhibit 4 - Explanation of Claim Benefits & Check)(APR) |
| Filing 15 INCORRECTLY FILED RESPONSE to Defendant's Objection to Plaintiff's Motion to Remand filed by Estate of Lloyd Donald Sizemore. (Turner, Johnnie). Modified text on 10/11/2023 (APR). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Robert E. Wier for review: re #7 MOTION to Dismiss by MetLife FEGLI (APR) |
| Filing 14 RESPONSE in Opposition re #9 FIRST MOTION to Remand to State Court by Estate of Lloyd Donald Sizemore, #11 AMENDED MOTION to Remand to State Court by Estate of Lloyd Donald Sizemore filed by MetLife FEGLI. (Thrash, Braxton) Modified text and linked to amended motion on 9/28/2023 (APR). |
| Filing 13 REPLY BRIEF to #7 Defendant's Reply in Support of Its Motion to Dismiss filed by MetLife FEGLI. (Thrash, Braxton) |
Filing 12
ORDER re #10 JOINT MOTION to Continue by MetLife FEGLI Rule 26 Deadlines: Good cause having been shown, IT IS HEREBY ORDERED THAT the motion (D.E. #10 ) is GRANTED. The Court's Order for Meeting & Report (D.E. #6 ) is VACATED and the deadlines therein are CANCELED. Signed by Magistrate Judge Hanly A. Ingram on 9/14/2023. (APR) cc: COR
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| Filing 11 AMENDED MOTION to Remand to State Court by Estate of Lloyd Donald Sizemore (Attachments: #1 Proposed Order Proposed Order Remanding)(Turner, Johnnie) |
| Filing 10 JOINT MOTION to Continue by MetLife FEGLI Rule 26 Deadlines Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Thrash, Braxton). Modified text on 9/13/2023 (APR). |
| ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: re #10 JOINT MOTION to Continue by MetLife FEGLI Rule 26 Deadlines (APR) |
| Filing 9 FIRST MOTION to Remand to State Court by Estate of Lloyd Donald Sizemore (Attachments: #1 Proposed Order)(Turner, Johnnie) |
| Filing 8 NOTICE OF FILING by MetLife FEGLI re #7 MOTION to Dismiss by MetLife FEGLI Substitution of Exhibit A (Attachments: #1 Exhibit A FEGLI Contract)(Thrash, Braxton) |
| Filing 7 MOTION to Dismiss by MetLife FEGLI (Attachments: #1 Memorandum in Support, #2 INCORRECT Exhibit A , #3 Proposed Order)(Thrash, Braxton). (Additional attachment(s) added on 8/25/2023: #4 CORRECT Exhibit A FEGLI Contract) (APR). Modified Attachment #2 and Attachment #4 names on 8/25/2023 (APR). |
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Filing 6
**VACATED BY ORDER AT DE #12 ** ORDER FOR MEETING & REPORT: (1) W/in 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f)(2) mandates; (2) W/in 14 days of the meeting, the parties shall file a joint status report containing: a-e. Signed by Magistrate Judge Hanly A. Ingram on 8/21/2023. (Attachments: #1 Consent Form) (APR) cc: COR. Modified text on 9/14/2023 to reflect that order had been vacated (APR).
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| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by MetLife FEGLI identifying Corporate Parent MetLife, Inc. for MetLife FEGLI. (Thrash, Braxton) Modified text and added Corporate Parent on 8/18/2023 (APR). |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Braxton S. Thrash has been filed by MetLife FEGLI 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 (JCP) |
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Filing 3
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 on 11/13/2019.(JCP)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Harlan Circuit Court, case number 23-CI-00194. ( Filing fee $402; receipt number AKYEDC-5627643), filed by MetLife FEGLI. (Attachments: #1 Exhibit A. State Court Record, #2 Civil Cover Sheet)(JCP) |
| Conflict Check run. (JCP) |
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| Plaintiff: Estate of Lloyd Donald Sizemore | |
| Represented By: | Johnnie L. Turner |
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| Defendant: MetLife FEGLI | |
| Represented By: | Braxton S. Thrash |
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