Allen v. Life Insurance Company of North America et al
| Valena Allen |
| Fifth Third Bank, NA, Life Insurance Company of North America and Fifth Third Bank, N.A. |
| 3:2020cv00704 |
| October 17, 2020 |
| US District Court for the Western District of Kentucky |
| Benjamin Beaton |
| David J Hale |
| Colin H Lindsay |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1101 E.R.I.S.A.: Coverage |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
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Filing 108
Text Order: The Plaintiff and the last remaining Defendant in this case, Fifth Third Bank NA, have filed and signed a joint stipulation of dismissal with prejudice (DN #107 ). No other defendants remain in this case. Accordingly, this case stands dismissed with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Court strikes it from the active docket. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM)
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Filing 107
STIPULATION of Dismissal (Joint) by Valena Allen. (Grabhorn, Andrew)
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Filing 106
Text Order: The Court grants Plaintiff Valena Allen's motion for an extension of time (DN #105 ) to answer or otherwise respond to Defendant Fifth Thirds Amended Answer and Counterclaim to May 8, 2023 (DN #104 ). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 105
MOTION for Extension of Time to File Answer re #104 Amended Answer to Complaint, Counterclaim , MOTION Extend Deadlines by Counter Defendant Valena Allen, Plaintiff Valena Allen (Attachments: #1 Proposed Order) (Grabhorn, Andrew)
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Filing 104
AMENDED ANSWER to #1 Complaint, COUNTERCLAIMS against Valena Allen, by Fifth Third Bank, N.A. (SMJ)
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Filing 103
TEXT ORDER: The Court held a remote hearing on 3/15/23, and, for the reasons stated on the record, denies the Plaintiff's motion to reconsider (DN #74 ) and grants Fifth Third's motion for leave to file an amended answer and counterclaims (DN #85 ). The Court directs the Clerk to file the tendered Amended Answer and Counterclaims (DN #85 -1). The Court further orders the parties to file a joint status report no later than 45 days from the entry of this order. (TIC - :51, Court Reporter: Terri Turner) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (SMJ)
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Filing 102
TEXT ORDER: Due to a conflict in the Court's calendar, the Court reschedules the hearing set for 3/15/23 at 3:00 p.m. ET to 4:00 p.m. ET the same day. The parties my connect by audio (cameras turned off) at https://www.zoomgov.com /j/1602438739?pwd=MWdmdVhPNnRUQ3F4RFV1U0JXWU82dz09. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (SMJ)
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Filing 101
TEXT ORDER: Based on the agreed order dismissing the Plaintiff's claims against LINA (DN 92 ), the Court denies the motion to reconsider or for a certificate of appealability (DN #75 ) as moot. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 100
TEXT ORDER: The Court denies the parties' request for an extension to file a status report (DN #99 ) and sets a remote hearing on 3/15/23 at 3:00 p.m. ET. The hearing will address the pending motions for reconsideration (DNs #74 , #75 ) or interlocutory appeal (DN #75 ), the motion for leave to file an amended answer and counterclaims (DN #85 ), and any other issues ripe for the Courts review. The parties my connect by audio (cameras turned off) at https://www.zoomgov.com /j/1602438739?pwd=MWdmdVhPNnRUQ3F4RFV1U0JXWU82dz09. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (JM)
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Filing 99
STATUS REPORT by Valena Allen. (Grabhorn, Andrew)
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Proceedings held before Magistrate Judge Colin H. Lindsay: Ex parte call re settlement held on 2/16/2023. (TLB)
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Filing 98
ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Ex parte calls re settlement held on 2/10/2023. The Parties were unable to reach a resolution. Status Report due by 2/24/2023. cc: counsel (JM)
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Filing 97
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 1/27/2023. Judge Lindsay will conduct ex parte calls regarding settlement re #95 Status Report. Counsel shall contact Case Manager Theresa Burch via email (Theresa_Burch@kywd.uscourts.gov) no later than 2/6/23 to schedule a call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 96
REPLY re #93 Response to Motion, #85 MOTION for Leave to File Amended Answer and Counterclaims Against Plaintiff In Support of Its Motion for Leave to File Counterclaims filed by Fifth Third Bank, N.A.. (Nenni, David)
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Filing 95
Joint STATUS REPORT by Valena Allen. (Grabhorn, Andrew)
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Filing 94
SETTLEMENT CONFERENCE REPORT AND ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Settlement Conference held on 12/15/2022. Remaining parties shall file a joint status report by 1/19/2023. cc: counsel (JM)
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Filing 93
RESPONSE to Motion re #85 MOTION for Leave to File Amended Answer and Counterclaims Against Plaintiff filed by Valena Allen. (Attachments: #1 Exhibit A) (Grabhorn, Andrew)
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Filing 92
TEXT ORDER: The Plaintiff and Defendant Life Insurance Company of North America have filed and signed a proposed agreed order of dismissal that would dismiss the Plaintiff's claims against LINA only. DN #91 . The Court approves the proposed agreed order, dismisses with prejudice the Plaintiff's tortious-interference claim against LINA, and dismisses without prejudice the Plaintiff's breach-of-contract claim against LINA. See Fed. R. Civ. P. 41(a)(2) or, alternatively, Fed. R. Civ. P. 21. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KJA)
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Filing 91
STIPULATION of Dismissal with Defendant Life Insurance Company of North America by Valena Allen. (Grabhorn, Andrew)
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Filing 90
ORDER Signed by Magistrate Judge Colin H. Lindsay on 11/8/2022 re #86 Proposed Agreed Order, #88 Proposed Agreed Order. Plaintiff's deadline for responding to Defendant's motion (DN #85 ) is STAYED. To the extent a response is necessary, Plaintiff shall file a response to Defendant's motion on or before 1/5/2023. cc: Counsel (SMJ)
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Filing 89
ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Colin H. Lindsay on 11/2/2022. Settlement Conference set for 12/15/2022 at 10:00 AM via VideoConference before Magistrate Judge Colin H. Lindsay. cc: counsel (JM)
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Filing 88
Proposed Agreed Order by Valena Allen. (Grabhorn, Andrew)
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Filing 87
ORDER by Magistrate Judge Colin H. Lindsay on 10/14/22: IT IS HEREBY ORDERED that on or before 10/27/2022, the Parties shall consult with their respective decisionmakers and jointly contact the undersigneds Case Manager, Theresa Burch, via e-mail at theresa_burch@kywd.uscourts.gov to schedule a settlement conference. A settlement conference will then be set by separate order. cc:counsel (DJT)
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Filing 86
Proposed Agreed Order Extending Response Deadline by Valena Allen. (Grabhorn, Andrew)
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Filing 85
MOTION for Leave to File Amended Answer and Counterclaims Against Plaintiff by Defendant Fifth Third Bank, N.A. (Attachments: #1 Exhibit A - Amended Answer and Counterclaims Against Plaintiff, #2 Exhibit B - Proposed Order, #3 Exhibit C - Declaration of David Nenni) (Nenni, David)
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Filing 84
Joint STATUS REPORT by Valena Allen. (Grabhorn, Andrew)
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Filing 83
REPLY to Response to Motion re #75 MOTION for Reconsideration #73 Order on Motion for Leave, Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, Alternative MOTION for Certificate of Appealability filed by Valena Allen. (Grabhorn, Andrew) Modified on 9/8/2022 to correct document link (DeW).
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Filing 82
REPLY to Response to Motion re #74 MOTION for Reconsideration re #73 Order on Motion for Leave to,, Order on Motion for Judgment on the Pleadings,, Order on Motion for Summary Judgment, filed by Valena Allen. (Grabhorn, Andrew)
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Filing 81
REPLY to Response to Motion re #75 MOTION for Reconsideration re #74 MOTION for Reconsideration re #73 Order on Motion for Leave to,, Order on Motion for Judgment on the Pleadings,, Order on Motion for Summary Judgment, Alternative MOTION for Certificate of Appealability filed by Valena Allen. (Grabhorn, Andrew)
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Filing 80
RESPONSE to Motion re #75 MOTION for Reconsideration re #74 MOTION for Reconsideration re #73 Order on Motion for Leave to,, Order on Motion for Judgment on the Pleadings,, Order on Motion for Summary Judgment, Alternative MOTION for Certificate of Appealability , #74 MOTION for Reconsideration re #73 Order on Motion for Leave to,, Order on Motion for Judgment on the Pleadings,, Order on Motion for Summary Judgment, filed by Life Insurance Company of North America. (Wyrick, Mitzi)
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Filing 79
RESPONSE to Motion re #75 MOTION for Reconsideration re #74 MOTION for Reconsideration re #73 Order on Motion for Leave to,, Order on Motion for Judgment on the Pleadings,, Order on Motion for Summary Judgment, Alternative MOTION for Certificate of Appealability In Opposition filed by Fifth Third Bank, N.A.. (Nenni, David)
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Filing 78
RESPONSE to Motion re #74 MOTION for Reconsideration re #73 Order on Motion for Leave to,, Order on Motion for Judgment on the Pleadings,, Order on Motion for Summary Judgment, In Opposition filed by Fifth Third Bank, N.A.. (Attachments: #1 Exhibit Declaration of David A Nenni) (Nenni, David)
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Filing 77
ORDER from proceedings held before Magistrate Judge Colin H. Lindsay; Telephonic Status Conference held on 8/25/2022: On or before 9/15/2022, the Parties shall meet and confer with their respective decisionmakers and one another regarding settlement and file a joint report on the status of discussions, including their respective positions on scheduling a settlement conference and any proposed dates. The report shall not include the substance of any previous offers or demands. The pending deadlines set forth in the Court's 2/7/2022 order (DN #68 ) are HELD IN ABEYANCE pending further order of the Court. cc:counsel (DJT)
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Filing 76
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 8/11/2022. A telephonic status conference is scheduled for 8/25/2022 10:00 AM before Magistrate Judge Colin H. Lindsay. Counsels shall connect to the conference by dialing 1-888-808-6929, access code 2773744. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 75
MOTION for Reconsideration #73 Order on Motion for Leave, Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, Alternative MOTION for Certificate of Appealability by Plaintiff Valena Allen (Attachments: #1 Proposed Order, #2 Proposed Order) (Grabhorn, Andrew) Modified to correct link and docket text on 8/9/2022 (DeW).
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Filing 74
MOTION for Reconsideration re #73 Order on Motion for Leave, Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, by Plaintiff Valena Allen (Attachments: #1 Exhibit A - ASA, #2 Exhibit B - Supp Discovery, #3 Proposed Order) (Grabhorn, Andrew)
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Filing 73
OPINION & ORDER: The Court grants Fifth Third's partial motion for judgment on the pleadings (DN #24 ), denies Allen's motion for leave to amend the complaint (DN #48 ), and grants LINA's motion for summary judgment (DN #25 ). cc: Counsel (JM)
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Filing 72
REPLY to Response to Motion re #25 MOTION for Summary Judgment filed by Life Insurance Company of North America. (Wyrick, Mitzi)
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Filing 71
TEXT ORDER: In light of the parties' agreed order (DN #70 ), the Court extends the deadline for Life Insurance Company to file its reply in support of its summary-judgment motion to 3/25/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (JM)
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Filing 70
Proposed Agreed Order by Life Insurance Company of North America. (Wyrick, Mitzi)
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Filing 69
RESPONSE to Motion re #25 MOTION for Summary Judgment filed by Valena Allen. (Attachments: #1 Exhibit A - AR Excerpts, #2 Exhibit B - LTD Policy, #3 Exhibit C - Lodi Depo, #4 Exhibit D - Palmer Depo) (Grabhorn, Andrew)
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Filing 68
ORDER by Magistrate Judge Colin H. Lindsay on 2/7/2022. Any joinder of additional parties or amendment of the pleadings related to Plaintiff's breach of covenant claim against Fifth Third due by 8/31/2022; Discovery related to Plaintiff's breach of covenant claim against Fifth Third due by 10/28/2022. Dispositive/Daubert Motions related to Plaintiff's breach of covenant claim against Fifth Third due by 11/30/2022. cc: counsel (JM)
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Filing 67
NOTICE of Filing: Joint Amended Schedule by Valena Allen re #66 Order on Motion for Extension of Time to Complete Discovery,, (Grabhorn, Andrew)
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Filing 66
ORDER Signed by Magistrate Judge Colin H. Lindsay on 1/5/2022 granting in part and denying in part #61 Motion for Extension of Time to Complete Discovery. On or before January 14, 2022, the Parties shall meet and confer and jointly file a proposed amended scheduling order; The stay of discovery set forth in the Court's July 12, 2021 (DN #41 ) order is AMENDED to permit discovery related to Allen's breach of the covenant of good faith and fair dealing claim. On or before January 14, 2022, the Parties shall file a report on their respective positions on scheduling a settlement conference. cc: Counsel (JM)
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Filing 65
ORDER Signed by Magistrate Judge Colin H. Lindsay on 1/3/2022 granting #62 Proposed Agreed Order. Plaintiff shall complete all depositions concerning LINA's motion for summary judgment on or before January 31, 2022. Allen shall file her response to LINA's motion for summary judgment on or before March 2, 2022. cc: Counsel (JM)
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Filing 64
Joint STATUS REPORT by Valena Allen. (Grabhorn, Andrew)
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Filing 63
RESPONSE to Motion re #61 MOTION for Extension of Time to Complete Discovery - Extension of Deadlines filed by Valena Allen. (Grabhorn, Andrew)
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Filing 62
Proposed Agreed Order on Scheduling by Valena Allen. (Grabhorn, Andrew)
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Filing 61
MOTION for Extension of Time to Complete Discovery - Extension of Deadlines by Defendant Fifth Third Bank, N.A. (Attachments: #1 Proposed Order) (Nenni, David)
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Filing 60
ORDER Signed by Magistrate Judge Colin H. Lindsay on 11/22/2021 granting in part and denying in part #55 Motion to Compel. cc: Counsel (JM)
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Filing 59
REPLY to Response to Motion re #55 MOTION to Compel filed by Valena Allen. (Grabhorn, Andrew)
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Filing 58
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 11/3/2021. The telephonic status conference scheduled for 11/4/2021 is REMANDED from the docket. Counsel may contact Case Manager Theresa Burch (theresa_burch@kywd.uscourts.gov) at any time to request a telephonic status conference. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 57
Joint STATUS REPORT of the Parties by Fifth Third Bank, N.A.. (Nenni, David)
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Filing 56
RESPONSE to Motion re #55 MOTION to Compel filed by Life Insurance Company of North America. (Attachments: #1 Exhibit A - 07/12/21 email, #2 Exhibit B - 07/14/21 email, #3 Exhibit C - 07/14/21 email, #4 Exhibit D - 08/10/21 email, #5 Exhibit E - 08/11/21 email, #6 Exhibit F - 08/12/21 email, #7 Exhibit G - 08/18/21 email, #8 Exhibit H - 08/19/21 email, #9 Exhibit I - 08/23/21 email, #10 Exhibit J - 08/23/21 email, #11 Exhibit K - highlighted table of contents to the P&Ps, #12 Exhibit L - Lodi Declaration, #13 Exhibit M - Walker v. LINA Order, #14 Exhibit N - Lodi Depo, #15 Proposed Order) (Wyrick, Mitzi)
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Filing 55
MOTION to Compel by Plaintiff Valena Allen (Attachments: #1 Exhibit A - RFI, #2 Exhibit B - RFP, #3 Exhibit C - RFI Resp, #4 Exhibit D - RFP Resp, #5 Exhibit E - Emails, #6 Proposed Order) (Grabhorn, Andrew)
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Filing 54
ORDER Proceedings held before Magistrate Judge Colin H. Lindsay Status Conference held on 9/20/2021. Motion to stay deadline #50 is GRANTED. Plaintiff's deadline to file her response to DN #25 is STAYED. Plaintiff's motion to compel production due by 10/4/2021. (Court Reporter: Dena Legg.) cc: counsel (JM)
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Filing 53
REPLY to Response to Motion re #48 MOTION for Leave to Amend Complaint filed by Valena Allen. (Grabhorn, Andrew)
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Filing 52
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 9/7/2021. Counsel having advised the Court of a discovery dispute, a telephonic conference is scheduled for 9/20/2021 10:00 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 51
Response to Motion re #48 MOTION for Leave to Amend Complaint Memo in Opposition filed by Fifth Third Bank, N.A.. (Attachments: #1 Exhibit) (Nenni, David) Modified on 9/7/2021- changed text to state this is a Response to Motion (filer selected "reply") (JM).
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RESPONSE to Motion re #48 MOTION for Leave to Amend Complaint filed by Fifth Third Bank, N.A.. (*NO PDF ATTACHED: Filer incorrectly selected the ECF event: "Reply to Response to Motion." Clerk has made this entry for reporting purposes. Please see DN #51 for viewing.) (JM)
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Filing 50
MOTION to Stay re #25 MOTION for Summary Judgment, or alternatively, to Amend the Schedule by Plaintiff Valena Allen (Attachments: #1 Proposed Order) (Grabhorn, Andrew). Added MOTION to Amend Schedule on 9/7/2021 (JM).
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Filing 49
REPLY to Response to Motion re #24 Partial MOTION for Judgment on the Pleadings in Support filed by Fifth Third Bank, N.A.. (Nenni, David)
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Filing 48
MOTION for Leave to Amend Complaint by Plaintiff Valena Allen (Attachments: #1 Proposed Order) (Grabhorn, Andrew)
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Filing 47
RESPONSE to Motion re #24 Partial MOTION for Judgment on the Pleadings filed by Valena Allen. (Attachments: #1 Proposed Order) (Grabhorn, Andrew)
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Filing 46
ORDER Signed by Magistrate Judge Colin H. Lindsay on 7/28/2021 granting #42 Motion to Amend Scheduling Order; granting #44 Proposed Agreed Order. Ms. Allen shall respond to LINA's motion for summary judgment on or before October 15, 2021, and LINA's reply, if any, shall be filed within 14 days thereafter. cc: Counsel (JM)
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Filing 45
Text Order. The Court GRANTS Plaintiff's unopposed motion (DN #43 ) for an extension of time to file her response to Defendant Fifth Third Bank's partial motion for judgment on the pleadings (DN #24 ). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 44
Proposed Agreed Order by Valena Allen. (Grabhorn, Andrew)
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Filing 43
Unopposed MOTION for Extension of Time to File Response/Reply as to #41 Order on Motion to Stay,,,,, #24 Partial MOTION for Judgment on the Pleadings by Plaintiff Valena Allen (Attachments: #1 Proposed Order) (Grabhorn, Andrew)
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Filing 42
MOTION to Amend/Correct #15 Scheduling Conference,, Amend Schedule by Plaintiff Valena Allen (Attachments: #1 Proposed Order) (Grabhorn, Andrew)
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Filing 41
MEMORANDUM OPINION AND ORDER Signed by Magistrate Judge Colin H. Lindsay on 7/9/2021. DN #26 is DENIED. DN #32 is DENIED. DN #33 is GRANTED. Discovery as to Allen's claims against Fifth Third is STAYED pending a ruling on DN #24 . On or before July 28, 2021, Allen shall file her responses to DN #24 and DN #25 . Any reply shall be governed by Local Rule 7.1 cc: Counsel(JM)
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Filing 40
NOTICE of Appearance by David A. Nenni on behalf of Fifth Third Bank, N.A. (Nenni, David)
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Filing 39
REPLY re #33 MOTION to Stay Discovery Pending Resolution of Its Motion for Judgment on the Pleadings in Support filed by Fifth Third Bank, N.A.. (Davenport, Morgan)
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Filing 38
REPLY to Response to Motion re #32 MOTION to Stay re #31 Order on Motion for Extension of Time to File Response/Reply,,,, Status Conference,, Schedules - Motion and R&R Deadlines, #26 MOTION to Stay Discovery filed by Life Insurance Company of North America. (Wyrick, Mitzi)
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Filing 37
RESPONSE to Motion re #32 MOTION to Stay re #31 Order on Motion for Extension of Time to File Response/Reply,,,, Status Conference,, Schedules - Motion and R&R Deadlines, #26 MOTION to Stay Discovery filed by Valena Allen. (Grabhorn, Andrew)
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Filing 36
RESPONSE to Motion re #33 MOTION to Stay Discovery Pending Resolution of Its Motion for Judgment on the Pleadings filed by Valena Allen. (Grabhorn, Andrew)
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Filing 35
ORDER Signed by Magistrate Judge Colin H. Lindsay on 5/10/2021 granting #34 Proposed Agreed Order. Plaintiff shall file any responses to DN #32 and DN #33 on or before June 2, 2021. cc: Counsel (JM)
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Filing 34
Proposed Agreed Order Extending Time to Respond (Dkts 32 and 33) by Valena Allen. (Grabhorn, Andrew)
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Filing 33
MOTION to Stay Discovery Pending Resolution of Its Motion for Judgment on the Pleadings by Defendant Fifth Third Bank, N.A. (Attachments: #1 Proposed Order Attachment, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit A to Exhibit 1, #4 Exhibit Exhibit B to Exhibit 1, #5 Exhibit Exhibit C to Exhibit 1) (Davenport, Morgan)
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Filing 32
MOTION to Stay re #31 Order on Motion for Extension of Time to File Response/Reply,,,, Status Conference,, Schedules - Motion and R&R Deadlines, #26 MOTION to Stay Discovery by Defendant Life Insurance Company of North America (Attachments: #1 Exhibit A - LINA's Initial Disclosures, #2 Exhibit B - Request for Production to LINA, #3 Exhibit C - Interrogatories to LINA, #4 Exhibit D - Declaration of Richard Lodi) (Wyrick, Mitzi)
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Filing 31
ORDER for Proceedings held before Magistrate Judge Colin H. Lindsay. Telephonic Status Conference held on 4/8/2021. Plaintiff's response re DN #24 and DN #25 is STAYED;. Plaintiff's motions for extensions of time (DN #28 , #29 ) are DENIED as moot. Defendant's supplemental briefs re motion to stay due by 4/21/2021. cc:counsel (JM)
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Filing 30
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 3/26/2021. The telephonic conference regarding the discovery dispute is RESCHEDULED for 4/8/2021 02:00 PM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 29
MOTION for Extension of Time to File Response/Reply as to #24 Partial MOTION for Judgment on the Pleadings by Plaintiff Valena Allen (Attachments: #1 Proposed Order) (Grabhorn, Michael)
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Filing 28
MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Stay Discovery, #25 MOTION for Summary Judgment by Plaintiff Valena Allen (Attachments: #1 Proposed Order) (Grabhorn, Michael)
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Filing 27
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 3/16/2021. Counsel having notified the Court of a discovery dispute, a telephonic conference is scheduled for 3/19/2021 10:00 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 26
MOTION to Stay Discovery by Defendant Life Insurance Company of North America (Attachments: #1 Proposed Order) (Wyrick, Mitzi)
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Filing 25
MOTION for Summary Judgment by Defendant Life Insurance Company of North America (Attachments: #1 Exhibit 1 Lodi Declaration, #2 Exhibit A to Lodi Declaration, #3 Exhibit B to Lodi Declaration, #4 Exhibit C to Lodi Declaration, #5 Exhibit D to Lodi Declaration, #6 Exhibit E to Lodi Declaration, #7 Exhibit F to Lodi Declaration, #8 Exhibit G to Lodi Declaration, #9 Exhibit H to Lodi Declaration, #10 Exhibit I to Lodi Declaration, #11 Exhibit J to Lodi Declaration, #12 Proposed Order) (Wyrick, Mitzi)
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Filing 24
Partial MOTION for Judgment on the Pleadings by Defendant Fifth Third Bank, N.A. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Davenport, Morgan)
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Filing 23
AMENDED ANSWER to #1 Complaint by Life Insurance Company of North America. (JM)
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Filing 22
AMENDED ANSWER to #1 Complaint by Fifth Third Bank, N.A.. (JM)
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Filing 21
ORDER Signed by Magistrate Judge Colin H. Lindsay on 2/24/2021 granting #17 Motion for Leave to file Amended Answer; granting #19 Motion for Leave to File Amended Answer. The Clerk shall detach and file the tendered Amended Answers. cc: Counsel(JM)
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Filing 20
RESPONSE to Motion re #19 MOTION for Leave to File Amended Answer to Complaint and Defenses, #17 MOTION for Leave to File Amended Answer to Complaint and Affirmative Defenses filed by Valena Allen. (Grabhorn, Andrew)
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Filing 19
MOTION for Leave to File Amended Answer to Complaint and Defenses by Defendant Fifth Third Bank, N.A. (Attachments: #1 Exhibit, #2 Proposed Order) (Davenport, Morgan)
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Filing 18
AMENDED Corporate Disclosure Statement identifying Corporate Parent New York Life Insurance Company for Life Insurance Company of North America. by Life Insurance Company of North America. (Wyrick, Mitzi) Modified on 2/3/2021 to state "Amended" (JM).
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Filing 17
MOTION for Leave to File Amended Answer to Complaint and Affirmative Defenses by Defendant Life Insurance Company of North America (Attachments: #1 Amended Answer to Complaint and Affirmative Defenses, #2 Proposed Order) (Wyrick, Mitzi)
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Filing 16
NOTICE of Appearance by Morgan A. Davenport on behalf of Fifth Third Bank, N.A. (Davenport, Morgan)
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Filing 15
SCHEDULING ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Scheduling Conference held on 1/13/2021. Rule 26(a)(1) Disclosure due by 1/29/2021. Amended Pleadings/Joinder of Parties due by 8/31/2021. Fact Discovery due by 10/29/2021. Expert Witness (Plaintiff) due by 6/30/2021. Expert Witness (Defendant) due by 7/30/2021. Expert Discovery due by 10/29/2021. Telephonic Status Conference set for 11/4/2021 at 9:30 AM before Magistrate Judge Colin H. Lindsay. Joint Status Report due by 10/29/2021. Dispositive/Daubert Motions due by 11/30/2021. (*See order for pretrial filing deadlines.) cc: counsel, Jury Clerk (JM)
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Filing 14
Joint REPORT of Rule 26(f) Planning Meeting by Valena Allen. (Grabhorn, Michael)
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Filing 13
ORDER Signed by Magistrate Judge Colin H. Lindsay on 1/4/2021 granting #12 Proposed Agreed Order. The Parties shall jointly file a report of their Rule 26(f) planning meeting on or before 1/8/2021. cc: Counsel(JM)
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TEXT ORDER by Judge Benjamin Beaton on 12/28/2020. Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Colin H. Lindsay for hearing and determining all pretrial matters, including non-dispositive motions. Judge Lindsay may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 12
Proposed Agreed Order for Extension of Time to File Joint Report of Parties' Planning Meeting by Life Insurance Company of North America. (Wyrick, Mitzi)
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Filing 11
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 20-26, this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 10
ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Colin H. Lindsay on 12/2/2020. Telephonic Rule 16 Scheduling Conference set for 1/13/2021 at 11:00 a.m. before Magistrate Judge Colin H. Lindsay. Counsel for the parties shall connect to the telephonic status conference by dialing the toll-free number 1-888-808-6929, access code 2773744. (KD)
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Filing 9
ANSWER to #1 Complaint by Life Insurance Company of North America. (Wyrick, Mitzi)
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Filing 8
TEXT ORDER Signed by Judge David J. Hale on 11/13/2020 granting #5 Motion for Stephanie O. Zorn to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
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Filing 7
Corporate Disclosure Statement identifying other affiliate Fifth Third Financial Corporation; other affiliate Fifth Third Bancorp by Fifth Third Bank, NA. (Davenport, Morgan) Modified on 11/17/2020, to add affiliates. (KD)
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Filing 6
ANSWER to #1 Complaint by Fifth Third Bank, NA. (Davenport, Morgan)
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Filing 5
MOTION for Stephanie O. Zorn to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3224218. by Defendant Fifth Third Bank, NA (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Davenport, Morgan)
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Filing 4
TEXT ORDER by Judge David J. Hale on 10/20/2020; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT)
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Filing 3
Summons Issued as to Fifth Third Bank, NA, Life Insurance Company of North America. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons as to Fifth Third Bank, NA) (DJT)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (DJT)
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Filing 1
COMPLAINT against Fifth Third Bank, NA, Life Insurance Company of North America Filing fee $ 400, receipt number 0644-3207368., filed by Valena Allen. (Attachments: #1 Cover Sheet) (DJT)
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