Stout v. Smith International Inc et al
| Charles Robert Stout |
| Smith International, Inc., Metropolitan Life Insurance Company, Nicole Martin, Amy O'Conner, Smith International Inc and Metropolitan Life Insurance Co |
| 6:2022cv06036 |
| November 21, 2022 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Carol B Whitehurst |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 59 MINUTES AND ORDER for proceedings held before Magistrate Judge Carol B Whitehurst: TELEPHONE SCHEDULING CONFERENCE held on 11/21/2023. Following discussion, and acknowledging that the administrative record is complete, the parties agreed to the following briefing schedule. Accordingly, IT IS ORDERED that Plaintiff shall file his brief on the merits on or before February 20, 2024. Defendants shall file an opposition within thirty (30) days of service of Plaintiffs brief. Plaintiff shall have fourteen (14) days from service of Defendants opposition to file a reply. (crt,Jordan, P) |
| Filing 58 NOTICE of Change of Address by Charles Robert Stout (aty,Jordan, J) |
| Filing 57 NOTICE of Completeness of Administrative Record by Charles Robert Stout re #56 Order,, (aty,Jordan, J) |
Filing 56
ORDER The Court having ruled upon the parties cross-motions for summary judgment regarding the applicability and scope of ERISA #54 , #55 , and MetLife having filed the administrative record #37 .IT IS ORDERED that, within fourteen (14) days of this of this order, Plaintiff shall file a statement regarding the completeness of the administrative record in accordance with the #35 , p.3 Case Management Order, B(III).IT IS FURTHER ORDERED that a telephone status conference is set for November 21, 2023 at 10:00 a.m. to discuss a briefing order for ruling on the merits. Counsel shall access the conference by dialing 877-336-1839, access code 2869540. Signed by Magistrate Judge Carol B Whitehurst on 10/25/2023. (crt,Chavis, J)
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Filing 55
ORDER granting #40 Motion for Partial Summary Judgment filed by Metropolitan Life Insurance Co, Smith International Inc; denying #49 Motion for Summary Judgment filed by Charles Robert Stout. Signed by Judge Terry A Doughty on 10/18/2023. (crt,Crawford, A)
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| Filing 54 MEMORANDUM RULING re #40 MOTION for Partial Summary Judgment filed by Metropolitan Life Insurance Co, Smith International Inc and #49 Cross MOTION for Summary Judgment filed by Charles Robert Stout. Signed by Judge Terry A Doughty on 10/18/2023. (crt,Crawford, A) |
| Filing 53 REPLY to Response to Motion re #49 Cross MOTION for Summary Judgment filed by Charles Robert Stout. (aty,Jordan, J) |
| Filing 52 MEMORANDUM in Opposition re #49 Cross MOTION for Summary Judgment filed by Metropolitan Life Insurance Co, Smith International Inc. (Attachments: #1 Exhibit Summary Plan Description, #2 Memorandum / Brief Response to Plaintiff's Statement of Undisputed Facts)(aty,Gideon, Kyle) |
| Filing 51 NOTICE of Motion Setting regarding: #49 Cross MOTION for Summary Judgment . Motions referred to Judge Terry A Doughty. Responses due by 8/23/2023 (crt,Chavis, J) |
| Filing 50 REPLY to Response to Motion re #45 Motion for Leave to File Excess Pages and Plaintiff's Opposition to Motion for Partial Summary Judgment filed by Metropolitan Life Insurance Co, Smith International Inc. (aty,Gideon, Kyle) |
| Filing 49 Cross MOTION for Summary Judgment by Charles Robert Stout. (Attachments: #1 Statement of material facts, #2 Memorandum / Brief, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(aty,Jordan, J) |
| Filing 48 RESPONSE to Motion re #40 MOTION for Partial Summary Judgment , #45 Motion for Leave to File Excess Pages granted filed by Charles Robert Stout. (Attachments: #1 Statement of material facts, #2 Appendix, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(aty,Jordan, J) |
| Filing 47 FILED IN ERROR: THIS DOCUMENT IS A DUPLICATE OF doc #48 MEMORANDUM in Opposition re #40 MOTION for Partial Summary Judgment filed by Charles Robert Stout. (crt,Chavis, J) Modified to reflect duplicate filing as pleading refiled in its entirety on 8/1/2023 (Chavis, J). |
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Filing 46
ORDER granting #45 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Carol B Whitehurst on 7/31/2023. (crt,Chavis, J)
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| NOTICE of Corrective Action to J Lomax Jordan, Jr on behalf of Charles Robert Stout regarding #45 Motion for Leave to File Excess Pages. Action taken: Modified entry to more accurately identify the pleading submitted. (crt,Chavis, J) |
| Filing 45 MOTION Exceed page limit of responsive memorandum re #40 MOTION for Partial Summary Judgment against Smith International, Inc. and Metropolitan Life Insurance Company by Charles Robert Stout. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 7/29/2023. (Attachments: #1 Proposed pleading Opposition in Response, #2 Proposed order)(aty,Jordan, J) Modified to properly capture motion event on 7/31/2023 (Chavis, J). |
| Filing 44 NOTICE of Deficiency to J Lomax Jordan, Jr on behalf of Charles Robert Stout regarding #43 Motion for Leave to File Excess Pages. Reason: A motion for leave to file must be accompanied by the proposed pleading or motion specifically indicates the proposed pleading is to be filed later. The court will not act on such a motion without reviewing the document sought to be filed. Please refer to LR 7.6 for more information. The motion cannot be referred to chambers until this deficiency is corrected. (crt,Chavis, J) |
| Filing 43 DEFICIENT MOTION for Leave to File Excess Pages of responsive memorandum re #40 MOTION for Partial Summary Judgment against Smith International, Inc., Metropolitan Life Insurance Company, Nicole Martin and Amy O'Conner by Charles Robert Stout. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 7/27/2023. (Attachments: #1 Proposed order)(aty,Jordan, J) Modified to properly capture motion event on 7/27/2023 (Chavis, J). Modified reflect deficiency on 7/27/2023 (Chavis, J). Modified to reflect as a deficient filing and pleading resubmitted as doc #45 on 7/31/2023 (Chavis, J). |
| Filing 42 ERISA related PRETRIAL Statement in Response to Case Management Order Doc.35 by Charles Robert Stout. (aty,Jordan, J) |
| Filing 41 NOTICE of Motion Setting regarding: #40 MOTION for Partial Summary Judgment. Motions referred to Judge Terry A Doughty. Responses due by 8/4/2023. (crt,Alexander, E) |
| Filing 40 MOTION for Partial Summary Judgment by Metropolitan Life Insurance Co, Smith International Inc. (Attachments: #1 Statement of material facts, #2 Memorandum / Brief, #3 Appendix A - Summary Plan Description)(aty,Gideon, Kyle) |
| Filing 39 RESPONSE Supplemental Response to Case Management Order by Metropolitan Life Insurance Co, Smith International Inc re #37 Response (NOT Motions),, . (aty,Gideon, Kyle) Modified to indicate manual attachment received on 7/11/2023 (Williams, K). |
| MANUAL ATTACHMENT received from Kyle L Gideon on behalf of Metropolitan Life Insurance Co, Smith International Inc regarding #39 Response (NOT Motions). The original manual attachments will be maintained in the division of the presiding judge, until expiration of appeal delays. Attachments sent to MONROE division. (crt,Williams, K) |
| Filing 38 Exhibit B - AR0001-AR129 filed by Metropolitan Life Insurance Co, Smith International Inc regarding #37 Response (NOT Motions). (aty,Gideon, Kyle) Modified on 6/30/2023 (Chavis, J). |
| Filing 37 RESPONSE to Case Management Order by Metropolitan Life Insurance Co, Smith International Inc re #35 Case Management Order - Judges Drell, Doughty, James . (Attachments: #1 Exhibit A - SPD, #2 Exhibit B - Bates No: AR0130-AR-0500, #3 Exhibit B - Bates No: AR0501-AR1000, #4 Exhibit B - Bates No: AR1001-AR1500, #5 Exhibit B - Bates No: AR1501-AR2000, #6 Exhibit B - Bates No: AR2001-AR2500, #7 Exhibit B - Bates No: AR2501-AR3202)(aty,Gideon, Kyle) Modified to indicate additional exhibit filed as doc #38 and to edit docket text on 6/30/2023 (Chavis, J). |
| Filing 36 CORPORATE DISCLOSURE STATEMENT by Metropolitan Life Insurance Co identifying Metlife, Inc as corporate parent for Metropolitan Life Insurance Co. (aty,Gideon, Kyle) Modified corporate parent on 6/21/2023 (Chavis, J). |
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Filing 35
CIVIL CASE MANAGEMENT ORDER for cases assigned to Judge Terry A Doughty sent to counsel of record. Rule 26 Conference between parties to take place before 6/8/2023. Signed by Judge Terry A Doughty on 5/18/2023. (crt,Crawford, A)
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| Filing 34 JUDGMENT adopting #33 Report and Recommendation of the Magistrate Judge, granting #12 Motion to Dismiss for Failure to State a Claim filed by Smith International Inc; granting #13 Motion to Dismiss for Failure to State a Claim, filed by Nicole Martin, Amy O'Conner. Plaintiff's claims against Nicole Martin and Amy O'Conner are dismissed with prejudice. Signed by Judge Terry A Doughty on 4/13/2023. (crt,Crawford, A) |
| Filing 33 REPORT AND RECOMMENDATIONS re #13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor filed by Nicole Martin, Amy O'Conner, #12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc filed by Smith International Inc Objections to R&R due by 4/12/2023. Signed by Magistrate Judge Carol B Whitehurst on 3/29/2023. (crt,Jordan, P) |
| Filing 32 REPLY to Response to Motion re #13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor filed by Nicole Martin, Amy O'Conner. (Attachments: #1 Exhibit)(crt,Alexander, E) |
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Filing 31
ORDER granting #28 Motion for Leave to File Reply Brief in Support of Motion to Dismiss. Signed by Magistrate Judge Carol B Whitehurst on 3/21/2023. (crt,Alexander, E)
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| Filing 30 REPLY to Response to Motion re #12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc filed by Smith International Inc. (Attachments: #1 Exhibit)(crt,Alexander, E) |
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Filing 29
ORDER granting #27 Motion for Leave to File Reply Brief in Support of Motion to Dismiss. Signed by Magistrate Judge Carol B Whitehurst on 3/21/2023. (crt,Alexander, E)
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| Filing 28 MOTION for Leave to File Reply Brief in Support of Motion to Dismiss with opposition by Nicole Martin, Amy O'Conner. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/20/2023. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed Exhibit)(aty,Gideon, Kyle) Modified to remove excess text on 3/20/2023. (Alexander, E) |
| Filing 27 MOTION for Leave to File Reply Brief in Support of Motion to Dismiss with opposition by Smith International Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 3/20/2023. (Attachments: #1 Proposed order, #2 Proposed pleading, #3 Proposed Exhibit)(aty,Gideon, Kyle) Modified text on 3/20/2023. (Alexander, E) |
| Filing 26 RESPONSE to Motion re #13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor filed by Charles Robert Stout. (aty,Jordan, J) |
| Filing 25 RESPONSE to Motion re #12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc filed by Charles Robert Stout. (aty,Jordan, J) |
| Filing 24 FILED IN ERROR NOTICE of Deficiency to J Lomax Jordan, Jr on behalf of Charles Robert Stout regarding #22 Reply to Response to Motion. Reason: Leave of court must be obtained before filing a reply brief. (crt,Whitener, M) Modified to reflect filed in error; Doc #22 was actually a Response to Motion on 3/2/2023 (Whitener, M). |
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Filing 23
ORDER granting #21 Motion for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc, #13 MOTION to Dismiss For Failure to State a Claim All Claim. Signed by Magistrate Judge Carol B Whitehurst on 3/1/2023. (crt,Crick, S)
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| Filing 22 FILED IN ERROR- RESUBMITTED AT DOC #26 REPLY to Response to Motion re #13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor filed by Charles Robert Stout. (aty,Jordan, J) Modified to remove deficient status and to reflect filed in error on 3/2/2023 (Whitener, M). |
| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc, #13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor with consent by Nicole Martin, Amy O'Conner, Smith International Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 2/28/2023. (Attachments: #1 Proposed order)(aty,Gideon, Kyle) |
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Filing 20
ORDER granting #18 Motion for Extension of Time to File Response/Reply re #18 First MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor with consent Responses due by 3/3/2023. Signed by Magistrate Judge Carol B Whitehurst on 2/6/2023. (crt,Chavis, J)
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Filing 19
ORDER granting #17 Motion for Extension of Time to File Response/Reply re #17 First MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc with consent Responses due by 3/3/2023. Signed by Magistrate Judge Carol B Whitehurst on 2/6/2023. (crt,Chavis, J)
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| Filing 18 First MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor with consent by Charles Robert Stout. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 2/3/2023. (Attachments: #1 Proposed order)(aty,Jordan, J) |
| Filing 17 First MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc with consent by Charles Robert Stout. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 2/3/2023. (Attachments: #1 Proposed order)(aty,Jordan, J) |
| Filing 16 NOTICE of Motion Setting regarding: #13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor. Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Chavis, J) |
| Filing 15 NOTICE of Motion Setting regarding: #12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc. Motions referred to Magistrate Judge Carol B Whitehurst. (crt,Chavis, J) |
| Filing 14 ANSWER to #1 Complaint, by Metropolitan Life Insurance Co, Smith International Inc.(aty,Gideon, Kyle) |
| Filing 13 MOTION to Dismiss For Failure to State a Claim All Claims as against Nicole Martin and Amy O'Connor by Nicole Martin, Amy O'Conner. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief, #2 Exhibit)(aty,Gideon, Kyle) |
| Filing 12 MOTION to Dismiss For Failure to State a Claim Breach of Fiduciary Duty Claims against Smith International, Inc by Smith International Inc. Motions referred to Carol B Whitehurst. (Attachments: #1 Memorandum / Brief)(aty,Gideon, Kyle) |
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Filing 11
ORDER granting #8 Motion for Extension of Time to Answer #1 Complaint. Smith International Inc answer due 1/20/2023. Signed by Magistrate Judge Carol B Whitehurst on 1/4/2023. (crt,Thomas, T)
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| Filing 10 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Schlumberger Holdings Corp, Corporate Parent Schlumberger B V, Corporate Parent Schlumberger Ltd by Smith International Inc. (aty,Gideon, Kyle) Modified on 1/5/2023 (Thomas, T). |
| Filing 9 NOTICE of Corporate Disclosure Statement Requirement re: #8 Motion for Extension of Time to File Answer, sent to Kyle L Gideon on behalf of Smith International Inc. Corporate Disclosure Statement due by 1/17/2023. (crt,Thomas, T) |
| Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, with consent by Smith International Inc. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 12/29/2022. (Attachments: #1 Proposed order, #2 Exhibit Certificate Pursuant to Rules 7.4.1 and 7.9)(Attorney Kyle L Gideon added to party Smith International Inc(pty:dft))(aty,Gideon, Kyle) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Nicole Martin. Nicole Martin waiver sent on 11/21/2022, answer due 1/20/2023. (Attorney Kyle L Gideon added to party Nicole Martin(pty:dft)) (aty,Gideon, Kyle) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Metropolitan Life Insurance Co. Metropolitan Life Insurance Co waiver sent on 11/21/2022, answer due 1/20/2023. (Attorney Kyle L Gideon added to party Metropolitan Life Insurance Co(pty:dft)) (aty,Gideon, Kyle) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Amy O'Conner. Amy O'Conner waiver sent on 11/21/2022, answer due 1/20/2023. (Attorney Kyle L Gideon added to party Amy O'Conner(pty:dft)) (aty,Gideon, Kyle) |
| Filing 4 SUMMONS ISSUED as to Nicole Martin, Metropolitan Life Insurance Co, Amy O'Conner, Smith International Inc. (crt,Chavis, J) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Carol B Whitehurst. (crt,Chavis, J) |
| Filing 3 PROPOSED SUMMONS to be issued as to Metropolitan Life Insurance Company, submitted by Charles Robert Stout. (aty,Jordan, J) |
| Filing 2 PROPOSED SUMMONS to be issued as to Smith International, Inc., submitted by Charles Robert Stout. (aty,Jordan, J) |
| Filing 1 COMPLAINT against Smith International, Inc., Metropolitan Life Insurance Company, Nicole Martin and Amy O'Conner against All Plaintiffs (Filing fee $402, receipt number ALAWDC-5374064) filed by Charles Robert Stout. (Attachments: #1 Civil cover sheet)(Attorney J Lomax Jordan, Jr added to party Charles Robert Stout(pty:pla))(aty,Jordan, J) |
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