Wills Neering v. AT&T
| Keri Wills Neering |
| AT&T, Sedgwick Claims Management Services, Inc., AT&T Corp Short Term Disability Plan and AT&T Umbrella Benefit Plan No.3 |
| 4:2021cv00057 |
| January 28, 2021 |
| US District Court for the Western District of Missouri |
| Roseann Ketchmark |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.
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Filing 41
Order of Dismissal with prejudice per #40 STIPULATION of dismissal with Prejudice, Joint. Signed on May 3, 2022 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Wheeler, LaTandra)
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| Filing 40 STIPULATION of dismissal with Prejudice, Joint by AT&T Umbrella Benefit Plan No.3. (Boatright, Daniel) |
| NOTICE OF HEARING CANCELLATION - The Status Conference scheduled for April 27, 2022, at 10:30 am has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara) |
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Filing 39
ORDER: Per Doc. #38 Joint Status Report, a notice of dismissal, stipulation of dismissal signed by all parties who have appeared, or status report including an anticipated timeline is due on or before 4/25/2022. Signed on 3/25/2022 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
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| Filing 38 STATUS REPORT by Keri Wills Neering. (Lunceford, David) |
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Filing 37
ORDER Signed on 3/21/2022 by District Judge Roseann Ketchmark. (Skelton, Sara)
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Filing 36
ORDER: having been notified of settlement of this case, the Court STAYS all deadlines. The Court directs Plaintiff to file, within 60 days, a notice of dismissal or, if required by Rule 41 of the Federal Rules of Civil Procedure, a stipulation of dismissal signed by all parties who have appeared. If the settlement is not perfected within 60 days, Plaintiff must file a status report including an anticipated timeline. Signed on January 18, 2022 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Wheeler, LaTandra)
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Filing 35
ORDER granting #34 motion to withdraw as attorney. Attorney LaceShionna Niccara Cline terminated. Signed on 1/3/2022 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara)
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| Filing 34 MOTION to withdraw as attorney filed by LaceShionna Niccara Cline on behalf of AT&T Umbrella Benefit Plan No.3. Suggestions in opposition/response due by 1/11/2022 unless otherwise directed by the court. (Cline, LaceShionna) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) |
| Filing 33 DESIGNATION OF MEDIATOR naming Nancy Kenner(Boatright, Daniel) |
| Filing 32 ANSWER to #25 Amended Complaint on behalf of AT&T Umbrella Benefit Plan No.3.(Boatright, Daniel) |
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Filing 31
ORDER granting #28 unopposed motion to partially dismiss for failure to state a claim. Signed on 10/12/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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Filing 30
AMENDED SCHEDULING ORDER: Discovery due by 5/31/2022. Dispositive Motions due by 6/30/2022. Status Conference set for 4/27/2022 10:30 AM via Teleconference. Initial Pretrial Conference set for 10/28/2022 01:30 PM, Final Pretrial Conference set for 11/18/2022 11:30 AM, and Bench Trial set for 11/28/2022 08:30 AM in Courtroom 8E, Kansas City (RK) before District Judge Roseann Ketchmark. Signed on September 25, 2021 by District Judge Roseann Ketchmark.
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| Filing 29 SUGGESTIONS in support re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Partially Dismiss Plaintiff's Second Amended Complaint filed by Daniel B. Boatright on behalf of Defendant AT&T Umbrella Benefit Plan No.3. (Related document(s) #28 ) (Boatright, Daniel) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Partially Dismiss Plaintiff's Second Amended Complaint filed by Daniel B. Boatright on behalf of AT&T Umbrella Benefit Plan No.3. Suggestions in opposition/response due by 10/1/2021 unless otherwise directed by the court. (Attorney Daniel B. Boatright added to party AT&T Umbrella Benefit Plan No.3(pty:dft))(Boatright, Daniel) |
| Filing 27 Joint PROPOSED SCHEDULING ORDER , Amended by AT&T Umbrella Benefit Plan No.3. (Boatright, Daniel) |
| NOTICE OF HEARING CANCELLATION - The Status Conference scheduled for August 31, 2021, at 1:30 pm has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Skelton, Sara) |
| Filing 26 RETURN OF WAIVER OF SERVICE filed by Keri Wills Neering. Waiver sent to AT&T Corp Short Term Disability Plan on 7/28/2021, answer due 9/27/2021. (Rutter, Rachel) |
| Filing 25 AMENDED COMPLAINT against All Plaintiffs filed by Rachel Catherine Rutter on behalf of All Plaintiffs.(Rutter, Rachel) |
| Filing 24 AMENDED COMPLAINT against All Plaintiffs filed by Rachel Catherine Rutter on behalf of Keri Wills Neering.(Rutter, Rachel) |
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Filing 23
ORDER: (1) Defendant's motion to dismiss Plaintiff's Petition (Doc. #4 ) is DENIED as moot; (2) Plaintiff's motion to strike Defendant's motion to dismiss (Doc. #10 ) is DENIED as moot; (3) Defendant's motion to dismiss Plaintiff's First Amended Petition (Doc. #13 ) is GRANTED, however Plaintiff is hereby granted leave to amend her Petition to allege ERISA as the law under which her claims arise. Should Plaintiff choose not to so amend her Petition, the case will be dismissed without further notice; (4) If Plaintiff chooses to amend her petition to allege ERISA as the law under which her claims arise, Plaintiff is ORDERED to file such Second Amended Petition on or before 7/6/2021. Signed on 6/21/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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| Filing 22 REPLY SUGGESTIONS to motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Petition filed by Daniel B. Boatright on behalf of Defendant AT&T. (Related document(s) #13 ) (Boatright, Daniel) |
| Filing 21 SUGGESTIONS IN OPPOSITION to motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Petition filed by Christina J Nielsen on behalf of Plaintiff Keri Wills Neering. Reply suggestions due by 3/29/2021 unless otherwise directed by the court. (Nielsen, Christina) Modified on 3/16/2021 to correct docket event (Crocker, Susan). |
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Filing 20
SCHEDULING ORDER: Discovery due by 9/30/2021. Dispositive Motions due by 10/29/2021. Status Conference set for 8/31/2021 01:30 PM, Initial Pretrial Conference set for 2/25/2022 01:30 PM, Final Pretrial Conference set for 3/25/2022 01:30 PM, and Jury Trial set for 3/28/2022 08:30 AM in Courtroom 8E, Kansas City (RK) before District Judge Roseann Ketchmark. Signed on March 11, 2021 by District Judge Roseann Ketchmark. (Wheeler, LaTandra)
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| Filing 19 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Daniel B. Boatright on behalf of Defendant AT&T.(Boatright, Daniel) |
| Filing 18 Joint PROPOSED SCHEDULING ORDER by AT&T. (Boatright, Daniel) |
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Filing 17
ORDER denying #11 motion to remand. Signed on 3/8/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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| Filing 16 SUGGESTIONS in opposition re #10 MOTION to strike #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Daniel B. Boatright on behalf of Defendant AT&T. Reply suggestions due by 3/15/2021 unless otherwise directed by the court. (Related document(s) #10 ) (Boatright, Daniel) |
| Filing 15 SUGGESTIONS in opposition re #11 MOTION to remand with Suggestions in Support Thereof filed by Daniel B. Boatright on behalf of Defendant AT&T. Reply suggestions due by 3/15/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A-Charge)(Related document(s) #11 ) (Boatright, Daniel) |
| Filing 14 SUGGESTIONS in support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Petition filed by Daniel B. Boatright on behalf of Defendant AT&T. (Attachments: #1 Exhibit A- Charge)(Related document(s) #13 ) (Boatright, Daniel) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Petition filed by Daniel B. Boatright on behalf of AT&T. Suggestions in opposition/response due by 3/15/2021 unless otherwise directed by the court. (Boatright, Daniel) |
| Filing 12 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Rachel Catherine Rutter on behalf of Plaintiff Keri Wills Neering.(Rutter, Rachel) |
| Filing 11 MOTION to remand with Suggestions in Support Thereof filed by Christina J Nielsen on behalf of Keri Wills Neering. Suggestions in opposition/response due by 3/3/2021 unless otherwise directed by the court. (Nielsen, Christina) |
| Filing 10 MOTION to strike #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christina J Nielsen on behalf of Keri Wills Neering. Suggestions in opposition/response due by 3/3/2021 unless otherwise directed by the court. (Related document(s) #4 ) (Nielsen, Christina) |
| Filing 9 AMENDED COMPLAINT against All Defendants filed by Christina J Nielsen on behalf of All Plaintiffs.(Nielsen, Christina) |
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Filing 8
ORDER denying #7 motion to stay proceedings related to Defendant's motion to dismiss until Court rules on Plaintiff's motion for remand. Signed on 2/9/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
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| Filing 7 MOTION to clarify Deadline to Respond to Defendant's Motion to Dismiss filed by Rachel Catherine Rutter on behalf of Keri Wills Neering. Suggestions in opposition/response due by 2/18/2021 unless otherwise directed by the court. (Rutter, Rachel) |
| Filing 6 DISCLOSURE OF CORPORATE INTERESTS filed by Daniel B. Boatright on behalf of Defendant AT&T.(Boatright, Daniel) |
| Filing 5 SUGGESTIONS in support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Daniel B. Boatright on behalf of Defendant AT&T. (Related document(s) #4 ) (Boatright, Daniel) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Daniel B. Boatright on behalf of AT&T. Suggestions in opposition/response due by 2/17/2021 unless otherwise directed by the court. (Boatright, Daniel) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
| Filing 3 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
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Filing 2
RULE 16 NOTICE. Rule 26 conference due by 2/27/2021. Proposed scheduling order due by 3/13/2021. Signed on January 28, 2021 by District Judge Roseann Ketchmark. (Wheeler, LaTandra)
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| Filing 1 NOTICE OF REMOVAL from Circuit Court of Jackson County, case number 2016-cv25173, AT&T. Filing fee $402, receipt number AMOWDC-7257695. (Attachments: #1 Exhibit A- service package, #2 Exhibit B - Siegel Declaration, #3 Civil Cover Sheet)(Boatright, Daniel) |
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