Costello v. Sun Life Assurance Company of Canada
Plaintiff: Vickie D. Costello
Defendant: Sun Life Assurance Company of Canada
Case Number: 1:2008cv00157
Filed: October 29, 2008
Court: US District Court for the Western District of Kentucky
Office: Bowling Green Office
County: Logan
Presiding Judge: E Robert Goebel
Referring Judge: Joseph H McKinley
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1132 E.R.I.S.A.
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 5, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2012 Opinion or Order Filing 32 JUDGMENT by Chief Judge Joseph H. McKinley, Jr. IT IS HEREBY ORDERED that judgment be entered in favor of the Defendant consistent with the Court's Memorandum Opinion and Order #31 and the Plaintiff's Complaint be dismissed with prejudice. cc: Counsel (CDF)
April 5, 2012 Opinion or Order Filing 31 MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr. on 4/4/2012, re #21 MOTION for Review. Sun Life has provided a "reasonable explanation" based upon the medical evidence for its decision to credit the opinions of the independent medical examiners and file reviewers over that of Dr. Sims and the SSA's medical examiners. For the foregoing reasons, the Court will enter Judgment consistent with this Opinion. cc: Counsel (CDF)
December 12, 2011 Opinion or Order Filing 30 PLAINTIFF'S REPLY re #29 Brief re #24 Order filed by Vickie D. Costello. (Johns, Harold) Modified text and added link to #24 on 12/13/2011 (CDF).
November 29, 2011 Opinion or Order Filing 29 BRIEF Post-Remand Brief re #24 Order, by Sun Life Assurance Company of Canada. (Mando, Jeffrey) Modified to add link on 11/30/2011 (CDF).
November 1, 2011 Opinion or Order Filing 28 NOTICE of Filing by Vickie D. Costello re #27 Brief (Attachments: #1 Exhibit A. Social Security Administration Benefit Amount) (Johns, Harold)
November 1, 2011 Opinion or Order Filing 27 BRIEF of Plaintiff re #24 Order, by Vickie D. Costello. (Johns, Harold) Modified to add link on 11/30/2011 (CDF).
September 30, 2011 Opinion or Order Filing 26 SEALED ADMINISTRATIVE RECORD re #25 Notice of conventional filing of Administrative Record (Parts 1 and 2) by Sun Life Assurance Company of Canada. (CDF)
September 29, 2011 Opinion or Order Filing 25 NOTICE OF CONVENTIONALLY FILING THE ADMINISTRATIVE RECORD by Sun Life Assurance Company of Canada (Mando, Jeffrey)
September 23, 2011 Opinion or Order Filing 24 ORDER granting #21 Motion for Review by Judge Joseph H. McKinley, Jr. on 9/22/2011. Defendant shall file a supplemental administrative record on or before 10/1/2011. Plaintiff's Brief due by 11/1/2011. Defendant's Brief due by 12/1/2011. Plaintiff's Reply Brief, if desired, due by 12/15/2011. cc: Counsel (CDF)
August 22, 2011 Opinion or Order Filing 23 Proposed Order re #22 Response to Motion by Sun Life Assurance Company of Canada. (Langen, Jennifer)
August 19, 2011 Opinion or Order Filing 22 RESPONSE to Motion re #21 MOTION Review 10/14/2009 Memorandum, Opinion and Order Response to Motion for Review filed by Sun Life Assurance Company of Canada. Replies due by 9/6/2011. (Mando, Jeffrey) (Additional attachment(s) added on 8/23/2011: #1 Proposed Order) (CDF).
August 1, 2011 Opinion or Order Filing 21 MOTION for Review re #20 10/14/2009 Memorandum, Opinion and Order by Plaintiff Vickie D. Costello Responses due by 8/25/2011 (Attachments: #1 Exhibit Letter from Sun-Life dated April 26, 2011, #2 Proposed Order) (Johns, Harold) Modified to add text and link on 8/2/2011 (CDF).
October 14, 2009 Opinion or Order Filing 20 MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr on 10/14/2009. Parties' cross-motions for judgment on the administrative record are DENIED and case REMANDED to Sun Life for full and fair review. Case Terminated. cc: Counsel (LMW)
July 24, 2009 Opinion or Order Filing 19 BRIEF Summary of Facts re #18 Response filed by Sun Life Assurance Company of Canada by Vickie D. Costello. (Johns, Harold)
July 1, 2009 Opinion or Order Filing 18 RESPONSE to re #17 Brief filed by Sun Life Assurance Company of Canada. (Mando, Jeffrey)
June 1, 2009 Opinion or Order Filing 17 BRIEF of Plaintiff re #16 Order on Motion to Amend/Correct, by Vickie D. Costello. (Johns, Harold)
May 11, 2009 Opinion or Order Filing 16 AGREED ORDER REVISING SCHEDULING ORDER by Magistrate Judge E. Robert Goebel on 5/11/2009 granting #15 Motion to Amend. Plaintiff shall file her response Brief by 6/1/2009. Defendant's Response is due 7/1/2009. Plaintiff's Reply is due 7/15/2009. cc: Counsel, PH (CDF)
May 1, 2009 Opinion or Order Filing 15 MOTION to Enter Agreed Order Revising the Scheduling Order re #10 Scheduling Conference by Plaintiff Vickie D. Costello. Responses due by 5/19/2009 (Attachments: #1 Proposed Agreed Order) (Johns, Harold) Modified text on 5/4/2009 (CDF).
March 4, 2009 Opinion or Order Filing 14 AGREED ORDER by Judge Joseph H. McKinley, Jr on 3/4/2009; Plaintiff's state law claims for breach of contract and violation of Kentucky's Unfair Claims Settlement Practices Act asserted in the complaint are dismissed without prejudice, each party to bear its own costs. cc: Counsel (LMW)
March 2, 2009 Opinion or Order Filing 13 Proposed Agreed Order/Stipulation by Vickie D. Costello, Sun Life Assurance Company of Canada. (Mando, Jeffrey)
February 27, 2009 Opinion or Order Filing 12 Sealed Document (Administrative Record) (CDF)
February 25, 2009 Opinion or Order Filing 11 NOTICE OF CONVENTIONALLY FILING THE ADMINISTRATIVE RECORD by Sun Life Assurance Company of Canada (Mando, Jeffrey)
February 18, 2009 Opinion or Order Filing 10 Order for proceedings held before Magistrate Judge E. Robert Goebel: Telephonic Scheduling Conference held on 2/17/2009. Plaintiff shall file her brief no later than 5/1/2009. Defendant shall file it's response no later than 6/1/2009 and Plaintiff's reply shall be filed no later than 6/15/2009. Defendant shall file the Administrative Record under seal no later than 3/2/2009. Any administrative documents not yet provided to Plaintiff shall be provided no later than 3/2/2009. cc: Counsel, Secretary to USMJ Goebel (LMW)
January 29, 2009 Opinion or Order Filing 9 ORDER by Magistrate Judge E. Robert Goebel (EBOC) on 1/29/2009; Due to the power outages in Owensboro, Kentucky; IT IS HEREBY ORDERED that the Telephonic Rule 16 Scheduling Conference scheduled for 1/30/2009 is REMANDED and RESCHEDULED for 2/17/2009 at 09:30 AM, CST before Magistrate Judge E. Robert Goebel. The call will be initiated by the Court. All provisions of the Court's Order setting Rule 16 Sceduling Conference shall remain in full force and effect.cc:counsel, Secretary to ERG (PHB)
January 19, 2009 Opinion or Order Filing 8 REPORT of Rule 26(f) Planning Meeting by Vickie D. Costello, Sun Life Assurance Company of Canada. (Mando, Jeffrey)
December 12, 2008 Opinion or Order Filing 7 ORDER FOR MEETING AND REPORT by Judge Joseph H. McKinley, Jr. (EBOC) on 12/12/2008; Telephonic Rule 16 Scheduling Conference set for 1/30/2009 09:30 AM CST before Magistrate Judge E. Robert Goebel. No later than 1/5/2009, parties shall conduct meeting required by Rule 26(f). Rule 26 Meeting Report due by 1/20/2009.cc: Counsel, KL, PH (CDF)
October 30, 2008 Opinion or Order Filing 6 ANSWER to Complaint #1 (Notice of Removal) (Second Amended Complaint) by Sun Life Assurance Company of Canada. (Mando, Jeffrey) Modified to add link and edit text on 10/30/2008 (CDF).
October 29, 2008 Opinion or Order Filing 5 ORDER by Judge Joseph H. McKinley, Jr (EBOC) on 10/29/2008 Referring Case to Magistrate Judge E. Robert Goebel. cc: Counsel, Case Manager & Secretary to USMJ Goebel (LMW)
October 29, 2008 Opinion or Order Filing 4 CLERK'S NOTICE OF REMOVAL of action from Logan Circuit Court cc: Counsel, Logan Circuit Court Clerk (LMW)
October 29, 2008 Opinion or Order Filing 3 Corporate Rule 7.1 Disclosure Statement identifying Corporate Parent Sun Life FInancial, Inc. for Sun Life Assurance Company of Canada. (LMW)
October 29, 2008 Opinion or Order Filing 2 Case Assignment (Random Selection): Case Assigned to Joseph H. McKinley, Jr., U. S. District Judge. (LMW)
October 29, 2008 Opinion or Order Filing 1 NOTICE OF REMOVAL by Sun Life Assurance Company of Canada from Logan Circuit Court, case number 08-CI-261. (Filing fee $ 350, Rec No 06440000000000790564 issued) (Attachments: #1 State Court Records, #2 Cover Sheet) (LMW)

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Plaintiff: Vickie D. Costello
Represented By: Harold Mac Johns
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Defendant: Sun Life Assurance Company of Canada
Represented By: Jeffrey C. Mando
Represented By: Jennifer H. Langen
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