Becker v. Liberty Life Assurance Company of Boston et al
Plaintiff: Rachael Becker
Defendant: Liberty Life Assurance Company of Boston, Peabody Investments Corp. and Peabody Investments Corp. and Affiliates Welfare Benefit Plan
Case Number: 4:2021cv01259
Filed: October 20, 2021
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Stephen R Clark
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2021 Opinion or Order Filing 29 Order Setting Rule 16 Scheduling Conference: Pursuant to the Civil Justice Reform Act Expense and Delay Reduction Plan and the Differentiated Case Management Program of the United States District Court of the Eastern District of Missouri, the Court orders the following schedule: 1. Scheduling conference: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a scheduling conference is set for January 12, 2022 at 4:00 p.m. CT by Zoom. (SEE ORDER FOR DETAILS). Joint Scheduling Plan due by 12/27/2021. Rule 16 Conference set for 1/12/2022 04:00 PM in Zoom Video Conference before District Judge Stephen R. Clark. Signed by District Judge Stephen R. Clark on 12/6/2021. (CLO)
November 19, 2021 Filing 28 ANSWER to #24 Amended Complaint, by Peabody Investments Corp., Peabody Investments Corp. and Affiliates Welfare Benefit Plan.(Mathisen, Eric)
November 10, 2021 Filing 27 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Peabody Investments Corp. and Affiliates Welfare Benefit Plan.. (Mathisen, Eric)
November 10, 2021 Opinion or Order Filing 26 Docket Text ORDER: Re: #25 MOTION to Withdraw as Attorney ;attorney/firm Nicole Lemon by Plaintiff Rachael Becker. ; ORDERED GRANTED, Attorney Nicole Amber Lemon terminated. Signed by District Judge Stephen R. Clark on 11/10/2021. (CLO)
November 9, 2021 Filing 25 MOTION to Withdraw as Attorney ;attorney/firm Nicole Lemon by Plaintiff Rachael Becker. (Warrick, Bryan)
November 9, 2021 Filing 24 AMENDED COMPLAINT against defendant Peabody Investments Corp. and Affiliates Welfare Benefit Plan,Terminating Liberty Life Assurance Company of Boston Amendment to #1 Complaint, 07/20/2021 Summons(es) issued, Waivers issued 09/03/2021, , filed by Rachael Becker. Related document: #1 Complaint, filed by Rachael Becker. (Attachments: #1 Exhibit Tracked Changes)(Warrick, Bryan)
November 8, 2021 Opinion or Order Filing 23 Docket Text ORDER: The Court grants Plaintiff's #21 Motion for Leave to File Amended Complaint. Plaintiff must file the amended complaint no later than Tuesday, November 9, 2021. No later than Tuesday, November 23, 2021, Defendants must file an answer or otherwise respond to the amended complaint, or if no amended complaint is filed, to the current #1 Complaint. The Court also directs the parties to the tracked changes requirement for amended pleadings, located on page two of the undersigned's Judge's Requirements on the Court's website. Signed by District Judge Stephen R. Clark on 11/8/2021. (CLO)
November 8, 2021 Filing 22 RESPONSE TO COURT ORDER re 20 Docket Text Order with Schedules,, by Defendants Liberty Life Assurance Company of Boston, Peabody Investments Corp.. (Mathisen, Eric)
November 8, 2021 Filing 21 MOTION for Leave to File Amended Complaint by Plaintiff Rachael Becker. (Attachments: #1 Attachment Memorandum in Support of Motion)(Warrick, Bryan)
November 5, 2021 Opinion or Order Filing 20 Docket Text ORDER: Per the parties' agreement in their #11 Stipulation to Transfer Venue, the Court set a deadline of October 29, 2021 for Plaintiff Rachael Becker to file an amended complaint. Doc. 16 . That date has passed. Additionally, Defendants, Liberty Life Assurance Company of Boston and Peabody Investments Corporation, have not answered or otherwise responded to the #1 Complaint, and are therefore in default. The Court orders the parties to file any motions to address these issues no later than Tuesday, November 9, 2021, or the Court will enter further orders. (Response to Court due by 11/9/2021.) Signed by District Judge Stephen R. Clark on 11/5/2021. (LNJ)
November 4, 2021 Filing 19 Electronic Notice of Noncompliance - Review of this case shows the Disclosure of Organizational Interests Certificate has not been filed by Defendant Peabody Investments Corp.. The certificate must be filed with the Court within 5 days # (moed-0001.pdf). Disclosure of Organizational Interests Certificate due by 11/10/2021. (JAB)
November 4, 2021 Opinion or Order Filing 18 Docket Text ORDER: The Court grants #17 Motion for Leave to Appear Pro Hac Vice. Signed by District Judge Stephen R. Clark on 11/4/21. (JAB)
November 2, 2021 Filing 17 MOTION for Leave to Appear Pro Hac Vice Bryan Warrick. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8954016) by Plaintiff Rachael Becker. (Attachments: #1 Certificate of Good Standing)(Warrick, Bryan)
October 26, 2021 Opinion or Order Filing 16 Docket Text ORDER: Per the parties' #11 Stipulation to Transfer Venue, the Court grants Plaintiff leave to file an amended complaint no later than 10/29/21. (Amended/Supplemental Pleadings due by 10/29/2021.) Signed by District Judge Stephen R. Clark on 10/26/2021. (LNJ)
October 21, 2021 Judge Clark enters a Standing Order in all of his cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/stephen-r-clark (LNJ)
October 20, 2021 Filing 15 ENTRY of Appearance by Eric Peter Mathisen for Defendants Liberty Life Assurance Company of Boston, Peabody Investments Corp.. (Mathisen, Eric)
October 20, 2021 Filing 14 Case transferred in from District of Minnesota; Case Number 0:21-cv-01666. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically.
October 20, 2021 Case Opening Notification. Judge Assigned: U.S. District Judge Stephen R. Clark. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (BAK)
October 15, 2021 Opinion or Order Filing 13 ORDER on #11 Stipulation to Transfer Venue. Signed by Judge Eric C. Tostrud on 10/15/2021.(RMM)
October 14, 2021 Filing 12 PROPOSED ORDER TO JUDGE re #11 Stipulation. (Kettelkamp, Brent)
October 14, 2021 Filing 11 STIPULATION to Transfer Venue by Liberty Life Assurance Company of Boston, Peabody Investments Corp.. Jointly Signed by Rachael Becker. (Kettelkamp, Brent)
September 14, 2021 Opinion or Order Filing 10 ORDER granting #8 Motion for Extension of Time to Answer. Signed by Magistrate Judge David T. Schultz on 9/14/2021. (TJB)
September 10, 2021 Filing 9 PROPOSED ORDER TO JUDGE re #8 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, filed by Peabody Investments Corp..(Kettelkamp, Brent)
September 10, 2021 Filing 8 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, filed by Peabody Investments Corp.. (Kettelkamp, Brent)
September 10, 2021 Filing 7 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Peabody Investments Corp.. (Kettelkamp, Brent)
September 10, 2021 Filing 6 NOTICE of Appearance by Brent D Kettelkamp on behalf of Peabody Investments Corp.. (Kettelkamp, Brent)
September 3, 2021 Filing 5 WAIVER OF SERVICE Returned Executed filed by Rachael Becker. Liberty Life Assurance Company of Boston waiver sent on 7/20/2021, answer due 9/20/2021. (Lemon, Nicole)
September 3, 2021 Filing 4 WAIVER OF SERVICE Returned Executed filed by Rachael Becker. Peabody Investments Corp. waiver sent on 7/20/2021, answer due 9/20/2021. (Lemon, Nicole)
July 20, 2021 Filing 3 Summons Issued as to Liberty Life Assurance Company of Boston, Peabody Investments Corp. (MTP)
July 20, 2021 Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Eric C. Tostrud per Civil (3rd/4th Master) list, referred to Magistrate Judge David T. Schultz. Please use case number 21-cv-01666 ECT/DTS. (MTP)
July 20, 2021 Filing 1 COMPLAINT against All Defendants (filing fee $ 402, receipt number AMNDC-8893778) filed by Rachael Becker. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet) (Lemon, Nicole)

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Plaintiff: Rachael Becker
Represented By: Nicole Amber Lemon
Represented By: Zachary Schmoll
Represented By: Bryan Warrick
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Defendant: Liberty Life Assurance Company of Boston
Represented By: Brent D Kettelkamp
Represented By: Eric Peter Mathisen
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Defendant: Peabody Investments Corp.
Represented By: Brent D Kettelkamp
Represented By: Eric Peter Mathisen
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Defendant: Peabody Investments Corp. and Affiliates Welfare Benefit Plan
Represented By: Eric Peter Mathisen
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