Mogel et al v. UNUM Life Insurance Company of America
Plaintiff: Roy Mogel, Todd D. Lindsay and Joseph R. Thorley
Defendant: UNUM Life Insurance Company of America
Case Number: 1:2007cv10955
Filed: May 18, 2007
Court: US District Court for the District of Massachusetts
Office: Labor: E.R.I.S.A. Office
County: Franklin
Presiding Judge: Nathaniel M Gorton
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 14, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2012 Filing 104 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
December 14, 2012 Filing 103 Transcript of Hearing on Motion to Certify the Class held on August 11, 2009, before Judge Nathaniel M. Gorton. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at 617-951-4555 Redaction Request due 1/4/2013. Redacted Transcript Deadline set for 1/14/2013. Release of Transcript Restriction set for 3/14/2013. (Scalfani, Deborah)
January 5, 2011 Filing 102 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah)
January 5, 2011 Filing 101 Transcript of Settlement Conference held on September 8, 2010, before Judge Nathaniel M. Gorton. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at 617-951-4555 Redaction Request due 1/26/2011. Redacted Transcript Deadline set for 2/7/2011. Release of Transcript Restriction set for 4/5/2011. (Scalfani, Deborah)
September 22, 2010 Filing 100 Judge Nathaniel M. Gorton: ORDER entered. FINAL JUDGMENT and ORDER OF DISMISSAL.(Nicewicz, Craig)
September 22, 2010 Civil Case Terminated. (Nicewicz, Craig)
September 21, 2010 Filing 99 Proposed Document(s) submitted by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. Document received: Proposed Final Judgment. (Rossman, Stuart)
September 8, 2010 ELECTRONIC Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: granting #90 Motion for Settlement; granting #95 Motion for Attorney Fees; granting #98 Motion ; Settlement Conference held on 9/8/2010. Exp. period 9/17/10. (Court Reporter: Cheryl Dahlstrom at 617-951-4555.)(Attorneys present: Delbaum, Casurella, Bell, Brigham, Barrett, Rossman,McCarthy, Kayatta) (Nicewicz, Craig)
August 24, 2010 Filing 98 Joint MOTION Approval of Proposed Cy Pres Recipients by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley, UNUM Life Insurance Company of America.(Rossman, Stuart)
August 24, 2010 Filing 97 DECLARATION re #95 MOTION for Attorney Fees Costs and Service Payments to Class Representatives of Stuart T. Rossman by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. (Attachments: #1 Declaration of M Scott Barrett, #2 Declaration of Jeffrey G. Casurella, #3 Declaration of John C. Bell, Jr., #4 Declaration of Helen N. Cleveland, #5 Declaration of Lori N. Craig, #6 Declaration of Marie T. Jenkins, #7 Expense Summary for National Consumer Law Center)(Rossman, Stuart)
August 24, 2010 Filing 96 MEMORANDUM in Support re #95 MOTION for Attorney Fees Costs and Service Payments to Class Representatives filed by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. (Rossman, Stuart)
August 24, 2010 Filing 95 MOTION for Attorney Fees Costs and Service Payments to Class Representatives by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley.(Rossman, Stuart)
August 24, 2010 Filing 94 DECLARATION re #90 MOTION for Settlement Final Approval of Class Action Settlement , Declaration of Justin Parks by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. (Rossman, Stuart)
August 24, 2010 Filing 93 AFFIDAVIT in Support re #90 MOTION for Settlement Final Approval of Class Action Settlement , Affidavit of Kimberly K. Ness. (Rossman, Stuart)
August 24, 2010 Filing 92 DECLARATION re #90 MOTION for Settlement Final Approval of Class Action Settlement , Declaration of Plaintiffs' Counsel in Support by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. (Rossman, Stuart)
August 24, 2010 Filing 91 MEMORANDUM in Support re #90 MOTION for Settlement Final Approval of Class Action Settlement filed by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. (Rossman, Stuart)
August 24, 2010 Filing 90 MOTION for Settlement Final Approval of Class Action Settlement by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley.(Rossman, Stuart)
July 2, 2010 Filing 89 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah)
July 2, 2010 Filing 88 Transcript of Hearing on Motion to Grant Preliminary Approval of Settlement Agreement held on June 18, 2010, before Judge Nathaniel M. Gorton. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Cheryl Dahlstrom at 617-951-4555 Redaction Request due 7/23/2010. Redacted Transcript Deadline set for 8/2/2010. Release of Transcript Restriction set for 9/30/2010. (Scalfani, Deborah)
July 1, 2010 Set/Reset Hearings: Settlement Conference set for 9/8/2010 12:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig)
June 18, 2010 ELECTRONIC Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: granting #86 Motion to Unseal Document ; Settlement Conference held on 6/18/2010. Court approves preliminary approval. Final hearing 9/8/10 12noon. (Court Reporter: Cheryl Dahlstrom at 617-951-4555.)(Attorneys present: Casurella, Barrett, Rossman, Kayatta) (Nicewicz, Craig)
June 18, 2010 Filing 87 Judge Nathaniel M. Gorton: ORDER entered. Order Certifying Settlement Class, Preliminarily Approving Settlement, And Providing for Notice. (Abaid, Kimberly)
June 17, 2010 Filing 86 Assented to MOTION to Unseal Document #43 Sealed document by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley.(Rossman, Stuart)
June 9, 2010 Filing 85 MEMORANDUM in Support re #83 MOTION for Order to Grant Preliminary Approval of Settlement, Certify Settlement Class and Approve Notice filed by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. (RE-DOCKETED as Memorandum should be filed as a separate entry) (Duong, Diep)
June 9, 2010 Filing 84 DECLARATION re #83 MOTION for Order to Grant Preliminary Approval of Settlement, Certify Settlement Class and Approve Notice of Stuart T. Rossman by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. (Attachments: #1 Exhibit Stipulation of Settlement, #2 Stipulation of Settlement Exhibit A -- Allocation, #3 Text of Proposed Order Stipulation of Settlement Exhibit B -- Preliminary Approval, #4 Stipulation of Settlement Exhibit C -- Notice, #5 Text of Proposed Order Stipulation of Settlement Exhibit D -- Final Judgment and Dismissal)(Rossman, Stuart)
June 9, 2010 Filing 83 MOTION for Order to Grant Preliminary Approval of Settlement, Certify Settlement Class and Approve Notice by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Rossman, Stuart)
June 7, 2010 ELECTRONIC NOTICE OF RESCHEDULING Settlement Conference set for 6/18/2010 02:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig)
May 20, 2010 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #82 Motion for Extension of Time Settlement Conference set for 6/11/2010 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig)
May 13, 2010 Filing 82 Joint MOTION for Extension of Time to 06/07/2010 to reschedule hearing currently scheduled for May 25, 2010 and file motion seeking approval of a settlement one week prior to rescheduled hearing by Todd D. Lindsay, Roy Mogel, Joseph R. Thorley, UNUM Life Insurance Company of America.(Rossman, Stuart)
March 22, 2010 ELECTRONIC NOTICE of Hearing : Settlement Approval Conference set for 5/25/2010 02:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig)
March 22, 2010 Judge Nathaniel M. Gorton: Electronic ORDER entered granting #81 Motion to Stay. Schedule set forth in motion adopted. (Nicewicz, Craig)
March 19, 2010 Filing 81 Joint MOTION to Stay All Proceedings Pending Filing of a Rule 23(e) Motion for Settlement Approval by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley, UNUM Life Insurance Company of America.(Rossman, Stuart)
December 21, 2009 Filing 80 Statement of Material Facts L.R. 56.1 re #59 MOTION for Partial Summary Judgment Response filed by UNUM Life Insurance Company of America. (McCarthy, Gavin)
December 21, 2009 Filing 79 Opposition re #66 MOTION for Summary Judgment as to Plaintiff Lindsay, #64 MOTION for Summary Judgment as to all claims filed by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley. (Rossman, Stuart)
December 21, 2009 Filing 78 MEMORANDUM in Opposition re #59 MOTION for Partial Summary Judgment filed by UNUM Life Insurance Company of America. (McCarthy, Gavin)
December 21, 2009 Filing 77 Response by Todd D. Lindsay to #67 Statement of facts Filed By Defendant As To Which There Exists Genuine Issues To Be Tried-Plaintiff Lindsay. (Rossman, Stuart)
December 21, 2009 Filing 76 Plaintiffs' Response by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley to #65 Statement of facts Filed by Defendant As To Which There Exists Genuine Issues To Be Tried-All Claims. (Rossman, Stuart)
December 16, 2009 Filing 75 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "In accordance with the foregoing, plaintiffs' motion for leave to amend complaint and file a renewed motion for class certification under Fed. R. Civ. P. 23(b)(3) (Docket No. ( #55 ) is DENIED." (Duong, Diep)
November 25, 2009 Filing 74 Withdrawal of motion: #63 MOTION to Seal Document #62 Declaration,,, Exhibits Nos. 12, 13 and 14 filed by Todd D. Lindsay, Joseph R. Thorley, Roy Mogel.. (Attachments: #1 Exhibit Redacted Exhibit 12 to the Declaration of Stuart T. Rossman, #2 Exhibit Redacted Exhibit 13 to the Declaration of Stuart T. Rossman, #3 Exhibit Redacted Exhibit 14 to the Declaration of Stuart T. Rossman)(Rossman, Stuart)
November 20, 2009 Filing 73 Joint MOTION for Extension of Time to 12/21/2009 to File Response/Reply as to #64 MOTION for Summary Judgment as to all claims, #59 MOTION for Partial Summary Judgment by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley, UNUM Life Insurance Company of America.(Rossman, Stuart)
November 16, 2009 Filing 72 DECLARATION re #65 Statement of facts by UNUM Life Insurance Company of America. (McCarthy, Gavin)
November 16, 2009 Filing 71 DECLARATION re #65 Statement of facts by UNUM Life Insurance Company of America. (McCarthy, Gavin)
November 16, 2009 Filing 70 DECLARATION re #67 Statement of facts by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit A - letter)(McCarthy, Gavin)
November 16, 2009 Filing 69 DECLARATION re #65 Statement of facts, #67 Statement of facts by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit A - policy excerpts)(McCarthy, Gavin)
November 16, 2009 Filing 68 DECLARATION re #65 Statement of facts, #67 Statement of facts by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit A - Lindsay Deposition Excerpts, #2 Exhibit B - Thorley Deposition Excerpts, #3 Exhibit C - Mogel Deposition Excerpts, #4 Exhibit D - Interrogatory Responses)(McCarthy, Gavin)
November 16, 2009 Filing 67 STATEMENT of facts re #66 MOTION for Summary Judgment as to Plaintiff Lindsay. (McCarthy, Gavin)
November 16, 2009 Filing 66 MOTION for Summary Judgment as to Plaintiff Lindsay by UNUM Life Insurance Company of America.(McCarthy, Gavin)
November 16, 2009 Filing 65 STATEMENT of facts re #64 MOTION for Summary Judgment as to all claims. (McCarthy, Gavin)
November 16, 2009 Filing 64 MOTION for Summary Judgment as to all claims by UNUM Life Insurance Company of America.(McCarthy, Gavin)
November 16, 2009 Filing 63 MOTION to Seal Document #62 Declaration,,, Exhibits Nos. 12, 13 and 14 by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley.(Rossman, Stuart)
November 16, 2009 Filing 62 DECLARATION re #59 MOTION for Partial Summary Judgment by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32 Part 1, #33 Exhibit 32 Part 2, #34 Exhibit 32 Part 3, #35 Exhibit 33 Part 1, #36 Exhibit 33 Part 2, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37)(Rossman, Stuart)
November 16, 2009 Filing 61 STATEMENT of facts re #59 MOTION for Partial Summary Judgment. (Rossman, Stuart)
November 16, 2009 Filing 60 MEMORANDUM in Support re #59 MOTION for Partial Summary Judgment filed by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley. (Rossman, Stuart)
November 16, 2009 Filing 59 MOTION for Partial Summary Judgment by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley.(Rossman, Stuart)
October 1, 2009 Filing 58 Joint MOTION for Protective Order by UNUM Life Insurance Company of America. (Attachments: #1 Text of Proposed Order)(McCarthy, Gavin)
October 1, 2009 Filing 57 MEMORANDUM in Opposition re #55 MOTION for Leave to File to amend complaint and file a renewed motion for class certification under Fed.R.Civ.P. 23(b)(3) MOTION for Leave to File to amend complaint and file a renewed motion for class certification under Fed.R.Civ.P. 23(b)(3) filed by UNUM Life Insurance Company of America. (McCarthy, Gavin)
September 17, 2009 Filing 56 MEMORANDUM in Support re #55 MOTION for Leave to File to amend complaint and file a renewed motion for class certification under Fed.R.Civ.P. 23(b)(3) MOTION for Leave to File to amend complaint and file a renewed motion for class certification under Fed.R.Civ.P. 23(b)(3) filed by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley. (Bell, John)
September 17, 2009 Filing 55 MOTION for Leave to File to amend complaint and file a renewed motion for class certification under Fed.R.Civ.P. 23(b)(3) by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley. (Attachments: #1 Exhibit A - Affidavit of Counsel, #2 Exhibit B - proposed second amended complaint, #3 Exhibit C - proposed renewed motion for class cert, #4 Exhibit D - proposed brief in support of renewed motion for class cert)(Bell, John)
August 19, 2009 Filing 54 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER "In accordance with the foregoing, Plaintiffs' motion to certify a class (Docket No. #40 ) is DENIED."(Duong, Diep)
August 11, 2009 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: granting #41 Motion to Amend; Motion Hearing held on 8/11/2009 re #41 MOTION to Amend #1 Complaint, filed by Roy Mogel. Court hears argument on Motion to Certify, takes matter under advisement. (Court Reporter: Dahlstrom.)(Attorneys present: Rossman, Bell, Brigham, Barrett, Kayatta) (Nicewicz, Craig)
August 10, 2009 ELECTRONIC NOTICE OF RESCHEDULING Case Management Conference/hearing on motion to certify reset for 8/11/2009 02:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (change is as to time only)(Nicewicz, Craig)
August 5, 2009 Filing 53 SUR-REPLY to Motion re #40 MOTION to Certify Class filed by UNUM Life Insurance Company of America. (McCarthy, Gavin)
July 28, 2009 Filing 52 REPLY to Response to #40 MOTION to Certify Class filed by Todd D. Lindsay. (Attachments: #1 Exhibit)(Delbaum, Charles)
July 28, 2009 Judge Nathaniel M. Gorton: Electronic ORDER entered granting #51 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Nicewicz, Craig)
July 21, 2009 Filing 51 Joint MOTION for Leave to File a Reply Brief and a Surreply Brief Regarding Plaintiff's Motion for Class Certification by Roy Mogel.(Rossman, Stuart)
July 15, 2009 Filing 50 AFFIDAVIT of Laura Burnett in Opposition re #40 MOTION to Certify Class filed by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit A - Policy)(McCarthy, Gavin)
July 15, 2009 Filing 49 AFFIDAVIT of Sally Logan in Opposition re #40 MOTION to Certify Class filed by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit A - Communication)(McCarthy, Gavin)
July 15, 2009 Filing 48 AFFIDAVIT of Peter Muller in Opposition re #40 MOTION to Certify Class filed by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit A - Communications)(McCarthy, Gavin)
July 15, 2009 Filing 47 AFFIDAVIT of Gavin McCarthy in Opposition re #40 MOTION to Certify Class filed by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit A - Lindsay Deposition, #2 Exhibit B - Thorley Deposition, #3 Errata C - Mogel Deposition, #4 Exhibit D - Interrogatory Responses, #5 Exhibit E - Hearing Transcript, #6 Exhibit F - Appellate Brief)(McCarthy, Gavin)
July 15, 2009 Filing 46 AFFIDAVIT of Marlene Ingraham in Opposition re #40 MOTION to Certify Class filed by UNUM Life Insurance Company of America. (Attachments: #1 Exhibit 1 - AA Policy Excerpts, #2 Exhibit 2 - CXC Policy Excerpts)(McCarthy, Gavin)
July 15, 2009 Filing 45 Opposition re #40 MOTION to Certify Class filed by UNUM Life Insurance Company of America. (McCarthy, Gavin)
July 13, 2009 Filing 44 MOTION for Leave to File Excess Pages by UNUM Life Insurance Company of America.(McCarthy, Gavin)
July 13, 2009 Judge Nathaniel M. Gorton: Electronic ORDER entered granting #44 Motion for Leave to File Excess Pages (Nicewicz, Craig)
June 17, 2009 Filing 42 MEMORANDUM in Support re #41 MOTION to Amend #1 Complaint, filed by Roy Mogel. (Rossman, Stuart)
June 17, 2009 Filing 41 MOTION to Amend #1 Complaint, by Roy Mogel. (Attachments: #1 Proposed First Amended Complaint)(Rossman, Stuart)
June 15, 2009 Filing 43 MEMORANDUM in Support #40 Motion to Certify Class. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Duong, Diep) Modified on 12/10/2010 to unseal per order granting #86 motion to unseal document (Duong, Diep).
June 15, 2009 Filing 40 MOTION to Certify Class by Roy Mogel.(Delbaum, Charles)
April 13, 2009 Filing 38 JOINT SUBMISSION pursuant to Local Rule 16.1 Parties' Discovery Stipulation by Roy Mogel.(Rossman, Stuart)
March 23, 2009 Judge Nathaniel M. Gorton: Electronic ORDER entered granting #37 Motion for Leave to Appear Pro Hac Vice; Added Helen N. Cleveland, Esq. for Roy Mogel, Todd D. Lindsay and Joseph R. Thorley. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Duong, Diep)
March 18, 2009 Judge Nathaniel M. Gorton: Electronic ORDER entered. SCHEDULING ORDER: Written discovery 3/25/09, responses 4/25/09. Any depositions by 5/25/09. Motion to certify 6/15/09, responses 7/15/09. Case Management Conference/hearing on motion certifcy class set for 8/11/2009 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. All responses to merit discovery 7/31/09 and depositions with respect to merit discovery 9/15/09. Dispositive motions 11/15/09.(Nicewicz, Craig)
March 18, 2009 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held on 3/18/2009. (Court Reporter: Dahlstrom.) (Nicewicz, Craig)
March 12, 2009 Filing 37 MOTION for Leave to Appear Pro Hac Vice for admission of Helen Cleveland Filing fee $ 50, receipt number 01010000000002334658. by Todd D. Lindsay.(Delbaum, Charles) (Additional attachment(s) added on 3/23/2009: #1 Main Document) (Duong, Diep).
February 19, 2009 Filing 36 ANSWER to #1 Complaint, by UNUM Life Insurance Company of America.(McCarthy, Gavin)
February 18, 2009 ELECTRONIC NOTICE of Hearing : Status Conference set for 3/18/2009 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig)
February 9, 2009 Filing 35 MANDATE of USCA as to #26 Notice of Appeal, filed by Roy Mogel. Mandate issued in the USCA 2/6/2009 (Ramos, Jeanette)
December 18, 2008 Filing 34 Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE(Nicewicz, Craig)
November 7, 2008 Filing 33 OPINION of USCA. Opinion issued in the USCA 11/6/2008 (Ramos, Jeanette)
November 7, 2008 Filing 32 USCA Judgment as to #26 Notice of Appeal, filed by Roy Mogel. This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The district court's judgment is vacated, and the matter is remanded for further proceedings consistent with the opinion issued this day. No costs are awarded. Judgment issued in the USCA 11/6/2008 (Ramos, Jeanette)
April 28, 2008 Filing 31 Supplemental Record on Appeal transmitted to US Court of Appeals re #26 Notice of Appeal, Documents included: 30 (Scalfani, Deborah)
April 28, 2008 Filing 30 TRANSCRIPT of Scheduling Conference/Motion Hearing held on January 10, 2008 before Judge Gorton. Court Reporter: Cheryl Dahlstrom. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/951-4555 or the Clerk's Office. (Scalfani, Deborah)
March 19, 2008 Filing 29 USCA Case Number 08-1334 for #26 Notice of Appeal, filed by Roy Mogel. (Ramos, Jeanette)
March 14, 2008 Filing 28 TRANSCRIPT ORDER FORM by UNUM Life Insurance Company of America for proceedings held on January 10, 2008 before Judge Gorton, (McCarthy, Gavin)
March 13, 2008 Filing 27 Certified and Transmitted Record on Appeal to US Court of Appeals re #26 Notice of Appeal, (Attachments: #1 docket sheet)(Ramos, Jeanette)
March 7, 2008 Notice of correction to docket made by Court staff. Correction: Docket No. 26 becase the appeal is not linked to the document being appealed. The clerk has added the correct link (Docket No.25) in the docket entry. (Sonnenberg, Elizabeth)
February 22, 2008 Filing fee/payment: $ 455.00, receipt number bst001889 for #26 Notice of Appeal, (Sonnenberg, Elizabeth)
February 20, 2008 Filing 26 NOTICE OF APPEAL re #25 by Roy Mogel NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 3/11/2008. (Attachments: #1 Notice of Appeal Certificate of Service)(Rossman, Stuart) Modified on 3/7/2008 (Sonnenberg, Elizabeth).
February 4, 2008 Filing 25 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER"In accordance with the foregoing, Defendant's Motion to Dismiss (Docket No.4) is ALLOWED. So ordered."(Sonnenberg, Elizabeth)
February 4, 2008 Civil Case Terminated. (Sonnenberg, Elizabeth)
January 10, 2008 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held on 1/10/2008; Court hears argument on motion to dismiss, takes under advisement. Automatic discovery 4/14/08. Amendments and or supplements to pleadings 2/29/08. Motion directed at pleadings 3/31/08. Written discovery served 4/30/08, answered 5/31/08. Fact discovery 7/31/08. Motion to supp. the class 9/30/08, oppositions 10/31/08. ( Hearing on Motion supp. class set for 11/13/2008 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton., Expert designations 2/15/09, rebuttal experts 3/18/09, expert depositions 4/30/09. Dispositive motions 3/31/08, oppositions 4/30/08, Pretrial Conference set for 6/17/2009 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton., Jury Trial set for 7/6/2009 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton.). (Court Reporter: Dahlstrom.)(Attorneys present: C. Delbaum, J. Casurella, M. Barrett, S. Rossman for Plaintiff. B. Decker, W. Kayatta for Defedant) (Nicewicz, Craig)
January 9, 2008 Filing 23 CERTIFICATE OF CONSULTATION by Plaintiffs per Rule 16.1. (Delbaum, Charles)
January 9, 2008 Filing 22 CERTIFICATION pursuant to Local Rule 16.1 by UNUM Life Insurance Company of America.(Decker, Byrne)
January 3, 2008 Filing 21 JOINT STATEMENT re scheduling conference to be held on January 10, 2008. (Rossman, Stuart)
November 26, 2007 Judge Nathaniel M. Gorton : Electronic ORDER entered granting #19 Motion to Continue (Nicewicz, Craig)
November 26, 2007 ELECTRONIC NOTICE OF RESCHEDULINGScheduling Conference set for 1/10/2008 02:15 PM in Courtroom 4 before Judge Nathaniel M. Gorton. If the Court hasn't resolved the pending motion to dismiss counsel should be prepared to go forward on this rescheduled date.(Nicewicz, Craig)
November 16, 2007 Filing 20 Letter/request (non-motion) from Defendant's Counsel. (McCarthy, Gavin)
November 7, 2007 Filing 19 MOTION to Continue by UNUM Life Insurance Company of America.(McCarthy, Gavin)
October 22, 2007 Filing 18 NOTICE of Scheduling ConferenceScheduling Conference set for 11/29/2007 03:15 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig)
October 4, 2007 Filing 17 SUR-REPLY to Motion re #4 MOTION to Dismiss With Incorporated Memorandum of Law filed by Todd D. Lindsay. (Rossman, Stuart)
September 27, 2007 Filing 16 REPLY to Response to Motion re #4 MOTION to Dismiss With Incorporated Memorandum of Law filed by UNUM Life Insurance Company of America. (McCarthy, Gavin)
September 27, 2007 Filing 15 MOTION to Withdraw #13 Reply to Response to Motion by UNUM Life Insurance Company of America.(McCarthy, Gavin)
September 26, 2007 Judge Nathaniel M. Gorton : Electronic ORDER entered granting #6 Motion for Extension of Time to File Response/Reply ; granting #11 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting #14 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. Replies not to exceed 10 pages. (Nicewicz, Craig)
September 21, 2007 Filing 14 First MOTION for Leave to File Surreply by Todd D. Lindsay.(Delbaum, Charles)
September 20, 2007 Judge Nathaniel M. Gorton : Electronic ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Jeffrey G. Casurella for Roy Mogel and Todd D. Lindsay, John C. Bell for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley, Leroy W. Brigham for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley, M. Scott Barrett for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley; granting #8 Motion for Leave to Appear Pro Hac Vice Added Jeffrey G. Casurella for Roy Mogel and Todd D. Lindsay, John C. Bell for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley, Leroy W. Brigham for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley, M. Scott Barrett for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley; granting #9 Motion for Leave to Appear Pro Hac Vice Added Jeffrey G. Casurella for Roy Mogel and Todd D. Lindsay, John C. Bell for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley, Leroy W. Brigham for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley, M. Scott Barrett for Roy Mogel,Todd D. Lindsay,Joseph R. Thorley Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. (Sonnenberg, Elizabeth)
September 10, 2007 Filing 13 REPLY to Response to Motion re #4 MOTION to Dismiss With Incorporated Memorandum of Law filed by UNUM Life Insurance Company of America. (McCarthy, Gavin)
September 4, 2007 Filing 12 Scheduling Letter/request (non-motion) from Stuart T. Rossman Co-Counsel for Plaintiffs. (Rossman, Stuart)
August 31, 2007 Filing 11 MOTION for Leave to File reply brief on motion to dismiss by UNUM Life Insurance Company of America.(McCarthy, Gavin)
August 24, 2007 Filing 10 Opposition re #4 MOTION to Dismiss With Incorporated Memorandum of Law filed by Todd D. Lindsay. (Rossman, Stuart)
August 2, 2007 Filing fee: $ 200.00, receipt number 81526, 81527, 81528 81529 for #7 First MOTION for Leave to Appear Pro Hac Vice for admission of M. Scott Barrett, #9 MOTION for Leave to Appear Pro Hac Vice for admission of John C. Bell, Jr. and Leroy W. Brigham, #8 MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey G. Casurella (Sonnenberg, Elizabeth)
August 1, 2007 Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of John C. Bell, Jr. and Leroy W. Brigham by Roy Mogel. (Attachments: #1 Supplement Certificate of attorney Leroy W. Brigham in Support of Motion to Appear Pro Hac Vice#2 Supplement Certificate of attorney John C. Bell, Jr. in Support of Motion to Appear Pro Hac Vice)(Rossman, Stuart)
August 1, 2007 Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey G. Casurella by Roy Mogel. (Attachments: #1 Supplement Certificate of Jeffrey G. Casurella, Esq. in Support of Motion to Appear Pro Hac Vice)(Rossman, Stuart)
August 1, 2007 Filing 7 First MOTION for Leave to Appear Pro Hac Vice for admission of M. Scott Barrett by Roy Mogel. (Attachments: #1 Supplement Certificate of M. Scott Barrett, Esq. In Support of Motion to Appear Pro Hac Vice)(Rossman, Stuart)
August 1, 2007 Filing 6 Assented to MOTION for Extension of Time to August 24, 2007 to File Response/Reply to Defendant's Motion to Dismiss by Roy Mogel.(Rossman, Stuart)
July 26, 2007 Judge Nathaniel M. Gorton : Electronic ORDER entered granting #3 Motion for Leave to Appear Pro Hac Vice Added Byrne J. Decker for UNUM Life Insurance Company of America, William J. Kayatta, Jr for UNUM Life Insurance Company of America (Sonnenberg, Elizabeth)
July 25, 2007 Filing fee: $ 100.00, receipt number 81439 & 81440for #3 MOTION for Leave to Appear Pro Hac Vice for admission of William J. Kayatta, Jr.; Byrne J. Decker (Sonnenberg, Elizabeth)
July 23, 2007 Filing 5 CORPORATE DISCLOSURE STATEMENT by UNUM Life Insurance Company of America. (McCarthy, Gavin)
July 23, 2007 Filing 4 MOTION to Dismiss With Incorporated Memorandum of Law by UNUM Life Insurance Company of America. (Attachments: #1 Affidavit of Kieran Shields#2 Exhibit A-1 to Shields Declaration#3 Exhibit A-2 to Shields Declaration#4 Exhibit A-3 to Shields Declaration#5 Exhibit B to Shields Declaration)(McCarthy, Gavin)
July 23, 2007 Filing 3 MOTION for Leave to Appear Pro Hac Vice for admission of William J. Kayatta, Jr.; Byrne J. Decker by UNUM Life Insurance Company of America. (Attachments: #1 Affidavit of William J. Kayatta Jr.#2 Affidavit of Byrne J. Decker)(McCarthy, Gavin)
July 23, 2007 Filing 2 NOTICE of Appearance by Gavin G. McCarthy on behalf of UNUM Life Insurance Company of America (McCarthy, Gavin)
May 21, 2007 Filing fee: $ 350.00, receipt number 80222 for #1 Complaint (Diskes, Sheila)
May 18, 2007 Filing 1 COMPLAINT against UNUM Life Insurance Company of America, filed by Roy Mogel, Todd D. Lindsay, Joseph R. Thorley. (Attachments: #1 Exhibit A&B#2 Civil Cover Sheet)(Johnson, Jay) Additional attachment(s) added on 5/22/2007 (Sonnenberg, Elizabeth).
May 18, 2007 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein (Johnson, Jay)
May 18, 2007 Summons Issued as to UNUM Life Insurance Company of America. (Johnson, Jay)

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Search for this case: Mogel et al v. UNUM Life Insurance Company of America
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Plaintiff: Roy Mogel
Represented By: Leroy W. Brigham
Represented By: Charles M. Delbaum
Represented By: Helen N. Cleveland, Esq.
Represented By: Jeffrey G. Casurella
Represented By: John C. Bell
Represented By: M. Scott Barrett
Represented By: Stuart T. Rossman
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Plaintiff: Todd D. Lindsay
Represented By: Charles M. Delbaum
Represented By: Helen N. Cleveland, Esq.
Represented By: Jeffrey G. Casurella
Represented By: John C. Bell
Represented By: Leroy W. Brigham
Represented By: M. Scott Barrett
Represented By: Stuart T. Rossman
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Plaintiff: Joseph R. Thorley
Represented By: Charles M. Delbaum
Represented By: Helen N. Cleveland, Esq.
Represented By: Jeffrey G. Casurella
Represented By: John C. Bell
Represented By: Leroy W. Brigham
Represented By: M. Scott Barrett
Represented By: Stuart T. Rossman
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Defendant: UNUM Life Insurance Company of America
Represented By: Byrne J. Decker
Represented By: Gavin G. McCarthy
Represented By: William J. Kayatta, Jr.
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