Bowman v. McDonnell Law Firm, P.A. et al
| David Eugene Bowman |
| Metlife Legal Plans, Inc., McDonnell Law Firm, P.A. and Hyatt Legal Plans, Inc. |
| 1:2021cv00121 |
| April 9, 2021 |
| US District Court for the Southern District of Mississippi |
| Taylor B McNeel |
| Robert P Myers |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| Both |
Docket Report
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This docket was last retrieved on February 1, 2022. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Settlement Conference held on 12/2/2021. The case did not settle at the conference. APPEARANCES: David Eugene Bowman (Plaintiff - participated by telephone); Edward Taylor Polk (counsel for Plaintiff); Courtney McDonnell Snodgrass (Attorney at McDonnell Law Firm, P.A.); Sonia K. Dhaliwal (Attorney/Carrier Representative - participated by telephone); James D. Holland (counsel for Defendant McDonnell Law Firm, P.A.); Morgan Brennon (Sr. Counsel at Metlife - participated by telephone), and Kenna L. Mansfield Jr. (counsel for Metlife Legal Plans, Inc.). (SR) |
| NOTICE of Hearing: Settlement Conference set for 12/2/2021 09:00 AM in Courtroom 683 (Gulfport) before Magistrate Judge Robert P. Myers Jr. Counsel are instructed to submit to Judge Myers, seven (7) days prior to the conference, a memorandum (3-page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Myers via e-mail (myers_chambers@mssd.uscourts.gov). Although the COVID-19 pandemic has disrupted the normal functioning of Court business, it is the Court's intention to conduct an in-person settlement conference. UNLESS PREVIOUSLY EXCUSED, LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (SR) |
| MINUTE ENTRY for proceedings held before District Judge Taylor B. McNeel: Motion Hearing held on 9/13/2021 re #5 MOTION to Dismiss Plaintiff's Complaint; #8 MOTION to Remand; and #12 MOTION to Continue Plaintiff's Rule 56(f) Motion for Continuance. The Court heard argument on the Motions and will take the Motions under advisement and issue a written opinion. APPEARANCES: T. Polk for Plaintiff; J. Holland for Defendant McDonnell Law Firm, PA; K. Mansfield for Defendant MetLife Legal Plans, Inc.; S. Vance, CSO. Court Reporter Teri Norton, Telephone Number: 228-563-1780. (KB) |
| NOTICE of Hearing on #5 MOTION to Dismiss Plaintiff's Complaint, #8 MOTION to Remand, and #12 MOTION to Continue Plaintiff's Rule 56(f) Motion for Continuance: Motion Hearing set for 9/13/2021 at 1:30 PM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. (KB) |
| Filing 24 REPLY to Response to Motion re #12 MOTION to Continue Plaintiff's Rule 56(f) Motion for Continuance filed by David Eugene Bowman (Polk, Edward) |
| Filing 23 REPLY to Response to Motion re #8 MOTION to Remand filed by David Eugene Bowman (Polk, Edward) |
TEXT ONLY ORDER granting #22 Plaintiff's Second Unopposed Motion for Extension of Time. Plaintiff has until 7/6/2021 to file his replies in support of his Motion to Remand and Motion for Continuance. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 7/1/2021. (KAB)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 Response in Opposition to Motion, #16 Response in Opposition to Motion Plaintiff's Second Unopposed Motion for Extension of Time to Respond by David Eugene Bowman (Polk, Edward) |
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TEXT ONLY ORDER granting #21 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff has until 7/2/2021 to file his replies in support of his Motion to Remand and Motion for Continuance. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 6/17/2021. (KAB)
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 Response in Opposition to Motion, #16 Response in Opposition to Motion by David Eugene Bowman (Polk, Edward) |
| Filing 20 MEMORANDUM in Support re #12 MOTION to Continue Plaintiff's Rule 56(f) Motion for Continuance, #19 Response in Opposition to Motion filed by Metlife Legal Plans, Inc. (Mansfield, Kenna) |
| Filing 19 RESPONSE in Opposition re #12 MOTION to Continue Plaintiff's Rule 56(f) Motion for Continuance filed by Metlife Legal Plans, Inc. (Mansfield, Kenna) |
| Filing 18 REPLY to Response to Motion re #10 Response in Opposition to Motion, #5 MOTION to Dismiss Plaintiff's Complaint filed by Metlife Legal Plans, Inc. (Mansfield, Kenna) |
| Filing 17 MEMORANDUM in Support re #8 MOTION to Remand , #16 Response in Opposition to Motion filed by Metlife Legal Plans, Inc. (Mansfield, Kenna) |
| Filing 16 RESPONSE in Opposition re #8 MOTION to Remand filed by Metlife Legal Plans, Inc. (Mansfield, Kenna) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 Response in Opposition to Motion, #8 MOTION to Remand , #12 MOTION to Continue Plaintiff's Rule 56(f) Motion for Continuance by Metlife Legal Plans, Inc. (Mansfield, Kenna) |
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Filing 14
ORDER STAYING PROCEEDINGS Signed by Magistrate Judge Robert P. Myers, Jr on 5/17/2021. (SR)
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TEXT ONLY ORDER granting #15 MetLife's Unopposed Motion for Extension of Time. MetLife has until 6/11/2021 to file its Rebuttal in Support of its Motion to Dismiss #5 ; its Response to Plaintiff's Motion to Remand #8 ; and its Response to Plaintiff's Rule 56(f) Motion for Continuance #12 . NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 5/17/2021. (KAB)
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| Filing 13 MEMORANDUM in Support re #12 MOTION to Continue Plaintiff's Rule 56(f) Motion for Continuance filed by David Eugene Bowman (Polk, Edward) |
| Filing 12 MOTION to Continue Plaintiff's Rule 56(f) Motion for Continuance by David Eugene Bowman (Attachments: #1 Exhibit A - Affidavit of David Bowman)(Polk, Edward) |
| Filing 11 MEMORANDUM in Opposition re #5 MOTION to Dismiss Plaintiff's Complaint filed by David Eugene Bowman (Polk, Edward) |
| Filing 10 RESPONSE in Opposition re #5 MOTION to Dismiss Plaintiff's Complaint filed by David Eugene Bowman (Polk, Edward) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Remand filed by David Eugene Bowman (Polk, Edward) |
| Filing 8 MOTION to Remand by David Eugene Bowman (Polk, Edward) |
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TEXT ONLY ORDER granting #7 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff has until 5/14/2021 to file his Response to Metlife's Motion to Dismiss. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 4/28/2021. (KAB)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss Plaintiff's Complaint by David Eugene Bowman (Polk, Edward) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss Plaintiff's Complaint filed by Metlife Legal Plans, Inc. (Attachments: #1 Exhibit A - Order re Winkler v. Hancock)(Mansfield, Kenna) |
| Filing 5 MOTION to Dismiss Plaintiff's Complaint by Metlife Legal Plans, Inc. (Attachments: #1 Exhibit 1 - Declaration of Andrew Bryan)(Mansfield, Kenna) |
| Filing 4 State Court Record by Defendant Metlife Legal Plans, Inc. (Attachments: #1 Exhibit A - State Court Record)(Mansfield, Kenna) |
| DOCKET ANNOTATION as to #3. Incorrect event code selected. Counsel should have selected "Answer to Complaint (Notice of Removal)" which can be found under "Other Answers". Counsel does not need to refile. (wld) |
| Filing 3 ANSWER to Complaint with Jury Demand by McDonnell Law Firm, P.A..(Holland, James) |
| Filing 2 Joinder in Document by McDonnell Law Firm, P.A. to #1 Notice of Removal,,, filed by Metlife Legal Plans, Inc. (Holland, James) |
| Filing 1 NOTICE OF REMOVAL by Metlife Legal Plans, Inc. from Circuit Court of Harrison Co., 2nd Jud. Dist., case number A2402-21-2, jury demand in lower court. (Filing fee $402.00, receipt number 0538-4526835) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Complaint and Summons, #2 Exhibit B - Consent to Notice of Removal, #3 Civil Cover Sheet) (RLW) |
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