Hayes v. Cigna Health and Life Insurance Co et al
| Christopher Hayes |
| Life Insurance Company of North America, Cigna Health and Life Insurance Company, Life Insurance Co of North America and Cigna Health & Life Insurance Co |
| 6:2018cv00542 |
| April 19, 2018 |
| US District Court for the Western District of Louisiana |
| Lafayette Office |
| Lafayette |
| Patrick J Hanna |
| Robert R Summerhays |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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| Filing 39 USCA JUDGMENT/MANDATE (certified copy) as to #38 Notice of Appeal filed by Christopher Hayes that under 5TH CIR. R. 42.3, the appeal is DISMISSED as of March 2, 2020, for want of prosecution. The appellant failed to timely file a brief and record excerpts. (USCA #19-31038) (crt,WalkerSld, B) |
| ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re #38 Notice of Appeal is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking #here. (19-31038) If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. After obtaining permission from COA for sealed/restricted filings, please request access via the District Courts CM/ECF system. (crt,WalkerSld, B) |
| Set Deadline for Clerk re #38 Notice of Appeal: Certify Appeal Record (19-31038) by Clerk to COA 1/17/2020. (crt,WalkerSld, B) |
| USCA Case Number 19-31038 for #38 Notice of Appeal filed by Christopher Hayes. (crt,WalkerSld, B) |
| Filing 38 NOTICE OF APPEAL as to #37 Judgment re Report and Recommendations, Order on Report and Recommendations, by Christopher Hayes. (Filing fee $505, receipt number ALAWDC-4136621) (aty,Bass, Michael) |
Filing 37
JUDGMENT adopting #34 Report and Recommendations: IT IS ORDERED, ADJUDGED AND DECREED that the plaintiff's claim is dismissed with prejudice, consistent with the report and recommendation. Signed by Judge Robert R Summerhays on 11/18/2019. (crt,Williams, L)
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| Filing 36 RESPONSE to Objection to #34 Report and Recommendations by Life Insurance Co of North America. (aty,Gonsoulin, Benjamin) Modified on 10/16/2019 to correctly identify document (Dauterive, C). |
| Filing 35 OBJECTION to #34 Report and Recommendations by Christopher Hayes. Response to Objection to R&R due by 10/15/2019 (aty,Bass, Michael) |
| Filing 34 REPORT AND RECOMMENDATIONS. Considering the arguments submitted in the parties' briefs, the administrative record, and the applicable law, and for the reasons fully explained herein, it is recommended that Life Insurance Company of North America's denial of Christopher Hayes's claim for short-term disability benefits should be affirmed and Mr. Hayes's claim should be dismissed with prejudice. Objections to R&R due by 10/1/2019. Signed by Magistrate Judge Patrick J Hanna on 9/17/2019. (crt,Alexander, E) |
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Filing 33
ORDER granting #32 Motion to Substitute Attorney. Attorney Michael B Bennett terminated. Signed by Magistrate Judge Patrick J Hanna on 1/29/2019. (crt,Alexander, E)
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| Filing 32 MOTION to Substitute Attorney Travis J. Sales in place of Michael B. Bennett with consent by Life Insurance Co of North America. Motions referred to Patrick J Hanna. (Attachments: #1 Text of proposed order)(aty,Gonsoulin, Benjamin) |
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Filing 31
ORDER granting #30 Motion to Appear Pro Hac Vice for appearance of Travis J Sales for Cigna Health & Life Insurance Co and Life Insurance Co of North America. Signed by Magistrate Judge Patrick J Hanna on 1/23/2019. (crt,Chicola, C)
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| Filing 30 MOTION for Travis J. Sales to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-3855821) by Cigna Health & Life Insurance Co, Life Insurance Co of North America. Motions referred to Patrick J Hanna. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Gonsoulin, Benjamin) |
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Filing 29
ORDER The above-captioned matter is hereby REFERRED to Magistrate Judge Patrick J. Hanna for issuance of a Report and Recommendation on the parties briefs on the merits. See Doc. Nos. #21 , #22 and #26 . Signed by Judge Robert R Summerhays on 1/17/2019. (crt,Dauterive, C)
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Filing 28
MINUTE ENTRY: The undersigned has reviewed the record in this matter and concludes that the parties have complied with the deadlines set forth in the agreed scheduling order, as adopted by this Court (Rec. Doc. #14 ). Signed by Magistrate Judge Patrick J Hanna on 1/10/2019. (crt,Alexander, E) Modified on 1/28/2019 to edit text (Dauterive, C).
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| Filing 27 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Judge Robert Summerhays. Unassigned District Judge no longer assigned to case. All deadlines and hearings remain as set pending further review by the court. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 9/25/2018. (crt,Benoit, T) |
| Filing 26 REPLY BRIEF by Christopher Hayes re #14 Order on Motion for Entry of Agreed Scheduling Order. (crt,Alexander, E) |
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Filing 25
ORDER granting #23 Motion for Leave to File Reply Brief. Signed by Magistrate Judge Patrick J Hanna on 8/24/2018. (crt,Alexander, E)
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| Filing 24 CORRECTIVE DOCUMENT entitled Proposed Reply Brief filed by Christopher Hayes regarding #23 Unopposed MOTION for Leave to File Reply Brief with consent . (aty,Bass, Michael) Modified on 8/23/2018 to reflect submission as Proposed (Williams, L). |
| Filing 23 Unopposed MOTION for Leave to File Reply Brief with consent by Christopher Hayes. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Bass, Michael) |
| Filing 22 RESPONSE - Defendant Life Insurance Company of North America's Response Brief by Life Insurance Co of North America re #21 Response regarding #14 Order . (aty,Gonsoulin, Benjamin) Modified to add docket entry relationship and to edit docket text on 8/13/2018 (ThomasSld, T). |
| Filing 21 RESPONSE Plaintiff's Brief on the Merits by Christopher Hayes re #14 Order on Motion for Entry of Agreed Scheduling Order. (aty,Bass, Michael) Modified on 7/24/2018 to edit text (Dauterive, C). |
| Filing 20 SEALED DOCUMENT: LINA's Notice of Filing the Administrative Record Under Seal by Life Insurance Co of North America. (Attachments: #1 Exhibit A - Administrative Record (Part 1), #2 Exhibit A - Administrative Record (Part 2))(aty,Gonsoulin, Benjamin) |
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Filing 19
ORDER granting #18 Motion to File Administrative Record Under Seal. Signed by Magistrate Judge Patrick J Hanna on 6/21/2018. (crt,Alexander, E)
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| Filing 18 Joint MOTION to File Administrative Record Under Seal by Life Insurance Co of North America and Christopher Hayes. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: #1 Proposed order)(aty,Gonsoulin, Benjamin) Modified on 6/20/2018 to add filer (Dauterive, C). |
| Filing 17 ANSWER to #16 Amended Complaint by Life Insurance Co of North America.(aty,Gonsoulin, Benjamin) |
| Filing 16 AMENDED COMPLAINT against Life Insurance Co of North America filed by Christopher Hayes.(aty,Bass, Michael) |
| Filing 15 RESPONSE TO REMOVAL ORDER by Cigna Health & Life Insurance Co, Life Insurance Co of North America . (Attachments: #1 Exhibit A)(aty,Gonsoulin, Benjamin) |
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Filing 14
ORDER granting #13 Motion for Entry of Agreed Scheduling Order. Amended Complaint deadline 5/24/2018. Answer Amended Complaint deadline 5/31/2018. Administrative Record deadline 6/22/2018. Plaintiff's brief on the merits deadline 7/23/2018. Defendant's Response Brief deadline 8/13/2018. Plaintiff's Reply Brief deadline 8/20/2018. Signed by Magistrate Judge Patrick J Hanna on 5/22/2018. (crt,Chicola, C)
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| Filing 13 Joint MOTION for Entry of Agreed Scheduling Order by Cigna Health & Life Insurance Co, Life Insurance Co of North America and Christopher Hayes. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: #1 Exhibit A - Proposed Agreed Scheduling Order)(aty,Gonsoulin, Benjamin) Modified on 5/21/2018 to edit text and add filer (Dauterive, C). |
| Filing 12 ANSWER to Complaint by Life Insurance Co of North America.(aty,Gonsoulin, Benjamin) Modified on 5/11/2018 to edit text (Williams, L). |
| Filing 11 ANSWER to Complaint by Cigna Health & Life Insurance Co.(aty,Gonsoulin, Benjamin) Modified on 5/11/2018 to edit text(Williams, L). |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by Life Insurance Co of North America identifying Corporate Parent Cigna Corp, Corporate Parent Cigna Holdings, Inc, Corporate Parent Connecticut General Corp for Life Insurance Co of North America. (aty,Gonsoulin, Benjamin) Modified on 5/7/2018 to edit text (Williams, L). |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Cigna Health & Life Insurance Co identifying Corporate Parent Cigna Corp, Corporate Parent Connecticut General Life Insurance Co, Corporate Parent Connecticut General Corp, Corporate Parent Cigna Holdings, Inc. for Cigna Health & Life Insurance Co. (aty,Gonsoulin, Benjamin) Modified on 5/7/2018 to edit text(Williams, L). |
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Filing 8
ORDER granting #6 Motion to Appear Pro Hac Vice for appearance of Matthew G Sheridan for Cigna Health & Life Insurance Co and Life Insurance Co of North America. Signed by Magistrate Judge Patrick J Hanna on 4/24/2018. (crt,Alexander, E)
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Filing 7
ORDER granting #5 Motion to Appear Pro Hac Vice for appearance of Michael B Bennett for Cigna Health & Life Insurance Co and Life Insurance Co of North America. Signed by Magistrate Judge Patrick J Hanna on 4/24/2018. (crt,Alexander, E)
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| Filing 6 MOTION for Matthew Gerald Sheridan to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-3636856) by Cigna Health & Life Insurance Co, Life Insurance Co of North America. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Gonsoulin, Benjamin) |
| Filing 5 MOTION for Michael Byron Bennett to Appear Pro Hac Vice ( Admission fee: $105, receipt number 0536-3636848) by Cigna Health & Life Insurance Co, Life Insurance Co of North America. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Gonsoulin, Benjamin) |
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Filing 4
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Patrick J Hanna on 4/23/2018. (crt,Alexander, E)
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| Filing 3 PROPOSED REMOVAL ORDER referred to Magistrate Judge Patrick J Hanna. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| Filing 2 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Benjamin Eric Gonsoulin on behalf of Cigna Health & Life Insurance Co, Life Insurance Co of North America. Corporate Disclosure Statement due by 5/4/2018. (crt,Thigpen, M) |
| STATE COURT Service Returned Executed. Cigna Health & Life Insurance Co answer due 4/26/2018. ADMINISTRATIVE ENTRY: (THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #1 OF DOCUMENT #1 NOTICE OF REMOVAL). (crt,Thigpen, M) |
| CASE Assigned to Unassigned District Judge and Magistrate Judge Patrick J Hanna. (crt,Thigpen, M) |
| Filing 1 NOTICE of Removal from 15th JDC Lafayette Parish, Case Number C-20181455 D (Filing fee $400, receipt number 0536-3634858) filed by Life Insurance Company of North America, Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit A, #2 Civil cover sheet)(Attorney Benjamin Eric Gonsoulin added to party Cigna Health and Life Insurance Company(pty:dft), Attorney Benjamin Eric Gonsoulin added to party Life Insurance Company of North America(pty:dft))(aty,Gonsoulin, Benjamin) |
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