Higgins v. The Lincoln Electric Company et al
Plaintiff: Jerry Higgins
Defendant: The Lincoln Electric Company and Metropolitan Life Insurance Company
Case Number: 5:2022cv00088
Filed: July 11, 2022
Court: US District Court for the Western District of Kentucky
Presiding Judge: Benjamin Beaton
Referring Judge: Lanny King
Nature of Suit: Insurance
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 27, 2023 Opinion or Order Filing 21 MEMORANDUM OPINION AND ORDER: For the reasons explained in the accompanying opinion, the Court grants MetLife's motion to dismiss (DN #6 ). cc: Counsel (JM)
October 24, 2022 Opinion or Order Filing 20 REPLY to Response to Motion re #12 MOTION to Dismiss In Support of filed by The Lincoln Electric Company. (Mack, Cristin)
October 13, 2022 Opinion or Order Filing 19 ORDER Signed by Magistrate Judge Lanny King on 10/13/2022 granting #14 Motion for Attorney Cristin J. Mack to Appear Pro Hac Vice. cc: Counsel (JM)
October 6, 2022 Opinion or Order Filing 18 TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court refers this matter to Magistrate Judge King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King 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 (JM)
October 6, 2022 Opinion or Order Filing 17 TEXT ORDER: The Court grants the parties' proposed Agreed Motion for an Extension of Time (DN #16 ) for the Defendant to file a reply to the Plaintiff's response to its motion to dismiss through October 24, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
October 3, 2022 Opinion or Order Filing 16 Agreed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss by Defendant The Lincoln Electric Company (Attachments: #1 Proposed Order) (Ehlermann, Rachel)
September 29, 2022 Opinion or Order Filing 15 RESPONSE to Motion re #12 MOTION to Dismiss filed by Jerry Higgins. (Wallingford, William)
September 26, 2022 Opinion or Order Filing 14 MOTION for Cristin J. Mack to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3666520. by Defendant The Lincoln Electric Company (Attachments: #1 Exhibit A. Certificate of Good Standing, #2 Exhibit B. Declaration of Cristin Mack, #3 Exhibit C. Proposed Order) (Ehlermann, Rachel)
September 12, 2022 Opinion or Order Filing 13 NOTICE of filing proposed Order by The Lincoln Electric Company re #12 MOTION to Dismiss (Attachments: #1 Proposed Order) (Ehlermann, Rachel)
September 9, 2022 Opinion or Order Filing 12 MOTION to Dismiss by Defendant The Lincoln Electric Company (Attachments: #1 Memorandum in Support) (Ehlermann, Rachel) (Additional attachment(s) added on 9/13/2022: #2 Proposed Order) (DeW).
September 9, 2022 Opinion or Order Filing 11 Corporate Disclosure Statement by The Lincoln Electric Company. Identifying Lincoln Electric Holdings, Inc. as corporate parent and The Vanguard Group, Inc. as other affiliate (Ehlermann, Rachel) Modified on 9/12/2022 adding corporate parent/other affiliate (DeW).
September 9, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Rachel Elise Ehlermann on behalf of The Lincoln Electric Company (Ehlermann, Rachel)
September 8, 2022 Opinion or Order Filing 9 REPLY to Response to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Jury Demand filed by Metropolitan Life Insurance Company. (Thrash, Braxton)
August 25, 2022 Opinion or Order Filing 8 RESPONSE to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Jury Demand filed by Jerry Higgins. (Wallingford, William)
August 4, 2022 Opinion or Order Filing 7 Corporate Disclosure Statement identifying Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company. by Metropolitan Life Insurance Company. (Thrash, Braxton)
August 4, 2022 Opinion or Order Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Strike Jury Demand by Defendant Metropolitan Life Insurance Company (Attachments: #1 Memorandum in Support, #2 Exhibit A - Plan Booklet, #3 Proposed Order) (Thrash, Braxton)
July 12, 2022 Opinion or Order Filing 5 Summonses Issued as to Metropolitan Life Insurance Company, The Lincoln Electric Company. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (DeW)
July 12, 2022 Opinion or Order Filing 4 NOTICE by Jerry Higgins (Attachments: #1 Summons Summons for Lincoln, #2 Summons Summons for MetLife) (Wallingford, William)
July 11, 2022 Opinion or Order Filing 3 NOTICE ON SUMMONS re: DN #1 Complaint to filing attorney, William Wallingford re: missing summons. (CDL)
July 11, 2022 Opinion or Order Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (CDL)
July 11, 2022 Opinion or Order Filing 1 COMPLAINT against Metropolitan Life Insurance Company and The Lincoln Electric Company, (Filing fee $402; Receipt No. AKYWDC-3614721), filed by Jerry Higgins. (Attachments: #1 Exhibit A - Benefit Summary, #2 Cover Sheet) (CDL) (Main Document 1 replaced on 7/11/2022) (CDL). (Attachment 2 replaced on 7/11/2022) (CDL). (Additional attachment(s) added on 7/12/2022: #3 Summons TENDERED The Lincoln Electric Co, #4 Summons TENDERED Met Life) (DeW).

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Plaintiff: Jerry Higgins
Represented By: William N. Wallingford
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Defendant: The Lincoln Electric Company
Represented By: Cristin J. Mack
Represented By: Rachel Roney
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Defendant: Metropolitan Life Insurance Company
Represented By: Braxton S. Thrash
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