Nichols v. Reliance Standard Life Insurance Company et al
| Nichols and Juanita Nichols |
| Reliance Standard Life Insurance Company and Peco Foods, Inc. |
| 3:2017cv00042 |
| January 19, 2017 |
| US District Court for the Southern District of Mississippi |
| Northern (Jackson) Office |
| Leake |
| F Keith Ball |
| Carlton W Reeves |
| 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 October 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 38 SUPREME COURT ORDER received denying petition for writ of certiorari filed by Appellee Ms. Juanita Nichols in 18-60499 on 10/07/2019. (Attachments: #1 USCA Cover Letter)(ND) |
| Filing 37 FINAL JUDGMENT. Judgment is entered in favor of the defendant and this case is dismissed with prejudice. Signed by District Judge Carlton W. Reeves on 06/19/19 (KNS) |
| Filing 36 CERTIFIED COPY OF USCA JUDGMENT/MANDATE as to #26 Notice of Appeal filed by Reliance Standard Life Insurance Company. It is ordered and adjudged that the judgment of the District Court is reversed and rendered to the District Court for further proceedings in accordance with the opinion of this Court. (Attachments: #1 USCA Cover Letter)(ND) |
| Filing 35 Copy of Opinion - USCA in re #26 Notice of Appeal. The judgment awarding Nichols past and future LTD benefits is REVERSED, and a judgment of dismissal with prejudice is RENDERED for Reliance. (Attachments: #1 USCA Cover Letter)(ND) |
TEXT ONLY ORDER STAYING CASE. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Carlton W. Reeves on 2/28/19 (TRS)
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TEXT-ONLY ORDER granting #33 Motion to Stay Proceedings until the Fifth Circuit Court of Appeals has ruled on the pending appeal. Signed by District Judge Carlton W. Reeves on 7/27/2018. NO FURTHER WRITTEN ORDER SHALL ISSUE. (cr)
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| ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at #http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (ND) |
| Filing 34 MEMORANDUM in Support re #33 MOTION to Stay Proceedings Adjudication of Pending Motions filed by Reliance Standard Life Insurance Company (Simpkins, Kelly) |
| Filing 33 MOTION to Stay Proceedings by Reliance Standard Life Insurance Company (Simpkins, Kelly) |
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TEXT-ONLY ORDER granting #31 & #32 Motions for Extension of Time to File Response/Reply as to #27 MOTION Prejudgment Interest and #28 MOTION for Attorney Fees . Responses due by 8/3/2018. Signed by District Judge Carlton W. Reeves on 7/20/2018. NO FURTHER WRITTEN ORDER SHALL ISSUE. (cr)
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| Filing 32 MOTION for Extension of Time to File Response/Reply as to #27 MOTION Prejudgment Interest by Reliance Standard Life Insurance Company (Simpkins, Kelly) |
| Filing 31 MOTION for Extension of Time to File Response/Reply as to #28 MOTION for Attorney Fees by Reliance Standard Life Insurance Company (Simpkins, Kelly) |
| Filing 30 USCA letter to Kelly Dunleath Simpkins. USCA Case Number 18-60499 for #26 Notice of Appeal filed by Reliance Standard Life Insurance Company. (ND) |
| Certified and Transmitted Record on Appeal electronically to US Court of Appeals in re #26 Notice of Appeal. (ND) |
| Filing 29 MEMORANDUM in Support re #28 MOTION for Attorney Fees filed by Juanita Nichols (Norris, Robert) |
| Filing 28 MOTION for Attorney Fees by Juanita Nichols (Attachments: #1 Exhibit A - List of fees, #2 Exhibit B - Affidavit of Plaintiff's counsel, #3 Exhibit C - Affidavit of Stephen Brandon, #4 Exhibit D - 2015 W-2 of Plaintiff)(Norris, Robert) |
| Filing 27 MOTION Prejudgment Interest by Juanita Nichols (Norris, Robert) |
| Filing 26 NOTICE OF APPEAL as to #25 Order on Motion for Summary Judgment by Reliance Standard Life Insurance Company. Filing fee $ 505, receipt number 0538-3755625. (Attachments: #1 Exhibit A - ORDER Denying MSJ)(Simpkins, Kelly) |
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Filing 25
ORDER denying #17 Motion for Summary Judgment and granting disability benefits. Signed by District Judge Carlton W. Reeves on 6/29/2018. (cr)
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TEXT ONLY ORDER finding as moot #15 Motion for Summary Judgment based on entry of #24 Agreed Order of Dismissal of Defendant Peco Foods, Inc. on 4/2/2018. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. Signed by District Judge Carlton W. Reeves on 5/18/2018. (JS)
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Filing 24
AGREED ORDER granting [ORE TENUS] Motion to Dismiss Defendant Peco Foods, Inc. with prejudice. Signed by District Judge Carlton W. Reeves on 4/2/2018. (JS)
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| ORE TENUS MOTION to Dismiss Defendant Peco Foods, Inc. with prejudice by Juanita Nichols and Peco Foods, Inc. (JS) |
| Filing 23 NOTICE of Judge Reeves March 9, 2018 Pretrial Conferences for the April 2018 Civil Trial Calendar. (JS) |
| Set Hearing: Pretrial Conference set for 3/9/2018 at 9:00 AM before District Judge Carlton W. Reeves. (JS) |
| Filing 22 REPLY to Response to Motion re #17 MOTION for Summary Judgment filed by Reliance Standard Life Insurance Company (Simpkins, Kelly) |
| Filing 21 MEMORANDUM IN SUPPORT re #15 MOTION for Summary Judgment , #17 MOTION for Summary Judgment , #20 Response to Motion filed by Juanita Nichols (Norris, Robert) |
| Filing 20 RESPONSE to Motion re #15 MOTION for Summary Judgment , #17 MOTION for Summary Judgment filed by Juanita Nichols (Attachments: #1 Exhibit A - Affidavit of Plaintiff)(Norris, Robert) |
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ORDER granting #19 Motion for Extension of Time to File Response/Reply re #15 MOTION for Summary Judgment , #17 MOTION for Summary Judgment . Responses due by 12/11/2017. Signed by District Judge Carlton W. Reeves on 11/28/2017. (cr)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Summary Judgment , #17 MOTION for Summary Judgment by Juanita Nichols (Norris, Robert) |
| Filing 18 MEMORANDUM in Support re #17 MOTION for Summary Judgment filed by Reliance Standard Life Insurance Company (Simpkins, Kelly) |
| Filing 17 MOTION for Summary Judgment by Reliance Standard Life Insurance Company (Simpkins, Kelly) |
| Filing 16 MEMORANDUM in Support re #15 MOTION for Summary Judgment filed by Peco Foods, Inc. (Ketner, Claire) |
| Filing 15 MOTION for Summary Judgment by Peco Foods, Inc. (Attachments: #1 Exhibit A (Declaration of Bart Crater))(Ketner, Claire) |
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TEXT-ONLY ORDER granting #14 Motion to Extend Deadline, nunc pro tunc. The new dispositive motions deadline is November 13, 2017. Signed by District Judge Carlton W. Reeves on 11/6/2017. NO FURTHER WRITTEN ORDER SHALL ISSUE. (cr)
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| Filing 14 MOTION to Extend Dispositive Motions Deadline by Peco Foods, Inc. (Ketner, Claire) |
| Filing 13 NOTICE of Filing ADMINISTRATIVE RECORD by Reliance Standard Life Insurance Company (Attachments: #1 LTD001 - LTD311, #2 STD001 - STD213)(Simpkins, Kelly) |
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TEXT-ONLY ORDER cancelling settlement conference set for June 29, 2017. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 6/7/2017. (JEJ)
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| Filing 12 NOTICE of Service of Pre-Discovery Disclosure by Reliance Standard Life Insurance Company (Simpkins, Kelly) |
| Filing 11 NOTICE of Service of Initial Disclosure by Peco Foods, Inc. (Ketner, Claire) |
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Filing 10
CASE MANAGEMENT ORDER. Disclosure due by 4/21/2017; Motions for Amended Pleadings due by 5/15/2017; Motions for Joinder of Parties due by 5/15/2017; Designate Experts Plaintiff Deadline due by 6/15/2017; Designate Experts for Defendant Deadline due by 6/15/2017; Discovery due by 5/31/2017; Motions due by 11/2/2017; Settlement Conference set for 6/29/2017 09:00 AM before Magistrate Judge F. Keith Ball. Seven (7) days before the settlement conference, the parties must submit via e-mail to ball_chambers@mssd.uscourts.gov an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least seven (7) days prior to the conference. Bench Trial set for 4/2/2018 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves; Status Conference set for 3/9/2018 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves. Signed by Magistrate Judge F. Keith Ball on 4/11/2017. (JEJ)
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| Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 4/11/2017 in Jackson, MS. Appearances: Louis Watson, Claire W. Ketner and Steve Carmody. (JEJ) |
| Filing 9 NOTICE of Service of Pre-discovery Disclosure by Juanita Nichols (Norris, Robert) |
| Filing 8 NOTICE of Appearance by Stephen J. Carmody on behalf of Peco Foods, Inc. (Carmody, Stephen) |
| Filing 7 Rule 16(a) Initial Order Telephonic Case Management Conference set for 4/11/2017 09:30 AM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ) |
| Filing 6 ANSWER to #1 Complaint, by Peco Foods, Inc..(Ketner, Claire) |
| Filing 5 Affirmative Defenses and ANSWER to #1 Complaint, by Reliance Standard Life Insurance Company.(Simpkins, Kelly) |
| Filing 4 SUMMONS Returned Executed by Juanita Nichols Peco Foods, Inc. served on 1/27/2017, answer due 2/17/2017. (Watson, Louis) |
| Filing 3 SUMMONS Returned Executed by Juanita Nichols Reliance Standard Life Insurance Company served on 1/27/2017, answer due 2/17/2017. (Watson, Louis) |
| Filing 2 Summons Issued as to Peco Foods, Inc. and Reliance Standard Life Insurance Company. (ND) |
| Filing 1 COMPLAINT against Peco Foods, Inc. and Reliance Standard Life Insurance Company ( Filing fee $ 400 receipt number 34643043093), filed by Juanita Nichols. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Denial Letter, #3 Exhibit C - Plaintiff's Appeal, #5 Exhibit D - Denial Letter #4 Civil Cover Sheet)(ND) |
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