Stansberry v. The Lincoln National Life Insurance Company
| Jeanette Stansberry |
| The Lincoln National Life Insurance Company |
| 7:2023cv00020 |
| March 13, 2023 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| None |
Docket Report
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Filing 11
SCHEDULING ORDER: 1. Dft produce Administrative Record to Pla by May 1, 2023. 2. NLT July 28, 2023, parties complete all discovery. 3. Status report due nlt July 28, 2023. 4. Parties file Stipulated Admininistrative Record by July 31, 2023. 5. Parties file cross motions for summary judgment by August 28, 2023. Responses due September 11, 2023. Replies due September 25, 2023. Shall discovery dispute arise, parties comply w/ Order #4 . 7. Courtesy copy of briefs and memoranda in support of motion be provided to Chambers w/in 48 hours of filing; emailed to Wier's Chambers. 8. Telephonic mid-discovery conference on June 5, 2023 at 2:00 P.M. ON THE RECORD from LEXINGTON. Access by calling Microsoft Teams Audioconferencing at 606-371- 5577 entering Phone Conf ID 915 896 399 #. 9. Requests to modify dates or deadlines be submitted upon motion prior to expiration, and showing of good cause beyond control of counsel. See L.R. 7.1(b). Signed by Magistrate Judge Edward B. Atkins on 4/26/2023. (TDA) cc: COR, LexCD
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| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #10 Joint Report of Rule 26(f) Planning Meeting. (TDA) |
| Filing 10 JOINT REPORT of Rule 26(f) Planning Meeting. (Rademaekers, Iwana) |
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Filing 9
ORDER FOR MEETING AND REPORT: 1) Within 21 days, parties meet to consider topics Rule 26(f)(2) mandates. 2) Within 14 days of meeting, parties file joint status report containing: (items a & d). Signed by Magistrate Judge Edward B. Atkins on 3/21/2023. (TDA) cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #8 Answer to Complaint (RCB) |
| Filing 8 ANSWER to Complaint (Notice of Removal) by The Lincoln National Life Insurance Company. (Rademaekers, Iwana) |
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Filing 7
ORDER: the motion #6 is GRANTED, and Iwana Rademaekers, Esq. be and is hereby admitted to practice pro hac vice for all purposes in above-styled action. Signed by Magistrate Judge Edward B. Atkins on 3/14/2023. (RCB) cc: COR
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| Filing 6 MOTION for Iwana Rademaekers to Appear Pro Hac Vice by The Lincoln National Life Insurance Company ( Filing fee $125; receipt number AKYEDC-5502358)Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing)(Rademaekers, Iwana) |
| Filing 5 NOTICE TO ATTORNEY Iwana Rademaekers by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 L.R. 83.1 Attorney Admission Packet, #2 L.R. 83.2)(RCB) |
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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. (RCB)cc: COR
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| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by The Lincoln National Life Insurance Company. (RCB) |
| Filing 1 NOTICE OF REMOVAL from Magoffin Circuit Court, case number 23-CI-38, filed by Jeanette Stansberry. (Filing fee $402; receipt number AKYEDC-5502140) (Attachments: #1 Exhibit A - State Court Record, #2 Civil Cover Sheet)(RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #6 MOTION for Iwana Rademaekers to Appear Pro Hac Vice by The Lincoln National Life Insurance Company (Filing fee $125; receipt number AKYEDC-5502358) (RCB) |
| Conflict Check run. (RCB) |
| BAR STATUS Check completed as to Iwana Rademaekers re #6 MOTION for Iwana Rademaekers to Appear Pro Hac Vice by The Lincoln National Life Insurance Company (Filing fee $125; receipt number AKYEDC-5502358). (RCB) |
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| Plaintiff: Jeanette Stansberry | |
| Represented By: | Elizabeth Ann Thornsbury |
| Represented By: | Philip G. Fairbanks |
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| Defendant: The Lincoln National Life Insurance Company | |
| Represented By: | Iwana Rademaekers |
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