John Hancock Retirement Plan Services, LLC v. Cole
| John Hancock Life Insurance Company (USA) and John Hancock Retirement Plan Services, LLC |
| Bonnie Kay Cole |
| 5:2022cv00169 |
| December 1, 2022 |
| US District Court for the Western District of Kentucky |
| Benjamin Beaton |
| Lanny King |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 Mail Returned as Undeliverable re 23 . Mail sent to Dylan Rudolph (JM) |
| Filing 29 Notice of Filing Official Transcript re #28 Transcript - Court Official,,. Please review the complete Notice for instructions. (RB) |
| Filing 28 FILING OF OFFICIAL TRANSCRIPT of Telephonic Hearing held on December 23, 2022, before Judge Benjamin J. Beaton. Court Reporter Rebecca S. Boyd, Telephone number (502) 625-3777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/7/2023. Redacted Transcript Deadline set for 2/17/2023. Release of Transcript Restriction set for 4/17/2023. (RB) |
Filing 27
ORDER Signed by Magistrate Judge Lanny King on 12/27/2022 granting #21 Motion for Attorney Dylan D. Rudolph to Appear Pro Hac Vice. cc: Counsel(JM)
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Filing 26
ORDER Signed by Magistrate Judge Lanny King on 12/27/2022 granting #20 Motion for Attorney R. Bradford Huss to Appear Pro Hac Vice. cc: Counsel(JM)
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| Filing 24 TEXT ORDER: Judge Beaton held a telephonic hearing on 12/23/22 regarding the Plaintiff's renewed motion for a Temporary Restraining Order and Preliminary Injunction (DN #18 ). Attorney Jeff Edwards entered an appearance for the Defendant. Based on the parties' representations during the hearing regarding developments in the case since the Plaintiff's filing, the Court denies the motion for emergency relief without prejudice. TIC 0/14 (Becky Boyd). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KJA) |
| Filing 25 SUMMONS Returned Executed by John Hancock Retirement Plan Services, LLC. Bonnie Kay Cole served on 12/20/2022, answer due 1/10/2023. Docket entry refiled by Clerk for reporting purposes original filed at DN #22 . (Attachments: #1 Exhibit A - Summons Proof of Service) (DeW) |
| Filing 23 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, CM-King (KJA) |
| Filing 22 SUMMONS Returned Executed by John Hancock Retirement Plan Services, LLC. All Plaintiffs. (Attachments: #1 Summons Proof of Service) (Mann, Kelly) |
| Filing 21 MOTION for Dylan D. Rudolph to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3717665. by Plaintiff John Hancock Retirement Plan Services, LLC (Mann, Kelly) (Additional attachment(s) added on 12/21/2022: #1 Attachment, #2 Certificate of Good Standing, #3 Proposed Order) (DeW). |
| Filing 20 MOTION for R. Bradford Huss to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3717656. by Plaintiff John Hancock Retirement Plan Services, LLC (Mann, Kelly) (Additional attachment(s) added on 12/21/2022: #1 Attachment, #2 Certificate of Good Standing, #3 Proposed Order) (DeW). |
| Filing 19 TEXT ORDER: The Court sets a telephonic hearing on the motion for a temporary restraining order and preliminary injunction (DN #18 ) on 12/23/22 at 10:00 a.m. ET. The parties may connect by dialing 888-363-4734 and entering access code 4268238. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM) |
| MOTION for Preliminary Injunction by Plaintiff John Hancock Retirement Plan Services, LLC. (NO PDF ATTACHED. This Motion was incorporated within DN #18 and has been re-filed by the Clerk for reporting purposes. Please see DN #18 for viewing of motion.) (DeW) |
| Filing 18 MOTION for Temporary Restraining Order by Plaintiff John Hancock Retirement Plan Services, LLC (Attachments: #1 Memorandum in Support, #2 Affidavit R. Bradford Huss, #3 Affidavit Ketty Saez, #4 Proposed Order) (Mann, Kelly) |
| Filing 17 NOTICE of Deficiency as to R. Bradford Huss re #1 Complaint;Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 1/3/2023. (MLG) |
| Filing 16 NOTICE of Deficiency as to Dylan D. Rudolph re #1 Complaint;Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 1/3/2023. (MLG) |
| Filing 15 Summons Reissued as to Bonnie Kay Cole. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (SMJ) |
| Filing 14 TEXT ORDER: Judge Beaton held a telephonic hearing regarding the Plaintiff's various requests for temporary relief on 12/8/22. The Court grants the Plaintiff's motion (DN #11 ) to file the amended complaint (DN #7 ) and orders the Clerk to amend the case caption and reissue the corrected summons (DN #7 -2). For the reasons stated on the record, the Court denies without prejudice the Motions for a Temporary Restraining Order (DNs #10 & #12 ) and reserves judgment on the preliminary-injunction requests set forth in the same motions (DNs #10 & #12 ). To the extent the Court did not already deny the initial Motion for a TRO and Preliminary Injunction (DN #3 ) in its prior text order (DN 8 ), the Court now denies that motion as moot in light of this order granting the motion to amend the complaint. TIC: 0/23 (Terri Turner) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (SMJ) |
| Filing 13 TEXT ORDER: The Court sets a telephonic hearing in this case on 12/8/22 at 2:00 p.m. ET. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (SMJ) |
| MOTION for Preliminary Injunction by Plaintiff John Hancock Retirement Plan Services, LLC. NO PDF ATTACHED. This Motion was incorporated within DN #12 and has been re-filed by the Clerk for reporting purposes. Please see DN #12 for viewing of this motion. (DeW) |
| Filing 12 MOTION for Temporary Restraining Order by Plaintiff John Hancock Retirement Plan Services, LLC (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Proposed Order) (Mann, Kelly) |
| Filing 11 MOTION to Amend/Correct #7 Amended Complaint, by Plaintiff John Hancock Retirement Plan Services, LLC (Attachments: #1 Proposed Order Directing Clerk to Amend Docket and Reissue Summons) (Mann, Kelly) |
| Filing 8 TEXT ORDER: The court denies the plaintiff's motion for a Temporary Restraining Order (DN #3 ) without prejudice. If the plaintiff refiles, it should support its motion with factual allegations provided by affidavit or verified complaint as required by Fed. R. Civ. P. 65(b). This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (SMJ) |
| Filing 10 MOTION for Temporary Restraining Order, MOTION for Permanent Injunction by Plaintiff John Hancock Retirement Plan Services, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (DeW) |
| Filing 9 Rule 7.1 Disclosure Statement identifying Corporate Parent Manulife Financial Corporation, Corporate Parent The Manufacturers Investment Corporation, Corporate Parent Manulife Holdings (Alberta) Limited for John Hancock Retirement Plan Services, LLC. by John Hancock Retirement Plan Services, LLC. (DeW) |
| Filing 7 AMENDED COMPLAINT against Bonnie Kay Cole, filed by John Hancock Retirement Plan Services, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Addendum Corporate Disclosure Statement, #4 Addendum Motion for TRO and Preliminary Injunction, #5 Memorandum in Support of Motion for TRO and Preliminary Injunction, #6 Proposed Order granting Motion for TRO and Preliminary Injunction) (Mann, Kelly) |
| Filing 6 NOTICE of Errata by John Hancock Life Insurance Company (USA) re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #2 Rule 7.1 Disclosure Statement, #1 Complaint, (Mann, Kelly) |
| Filing 5 Summons Issued as to Bonnie Kay Cole. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (CDL) |
| Filing 4 Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (CDL) |
| Filing 3 MOTION for Temporary Restraining Order; MOTION for Preliminary Injunction by Plaintiff John Hancock Life Insurance Company (USA). (Attachments: #1 Memorandum in Support, #2 Proposed Order) (CDL). Added MOTION for Preliminary Injunction on 12/2/2022 (JM). |
| Filing 2 Rule 7.1 Disclosure Statement identifying Corporate Parent The Manufacturers Investment Corporation, Other Affiliate Manulife Financial Corporation, Other Affiliate Manulife Holdings (Alberta) Limited for John Hancock Life Insurance Company (USA). (CDL) |
| Filing 1 COMPLAINT FOR EQUITABLE RESTITUTION, DECLARATORY RELIEF, PRELIMINARY AND PERMANENT INJUNCTION, AND IMPOSITION OF A CONSTRUCTIVE TRUST against Bonnie Kay Cole, (Filing fee $402, receipt number AKYWDC-3706922), filed by John Hancock Life Insurance Company (USA). (Attachments: #1 Cover Sheet, #2 Summons Tendered) (CDL) |
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