McCreary v. Aetna Life Insurance Company
Plaintiff: Terence L. McCreary
Defendant: Aetna Life Insurance Company
Case Number: 3:2008cv00654
Filed: December 15, 2008
Court: US District Court for the District of Nevada
Office: Insurance Office
County: Washoe
Presiding Judge:
Presiding Judge: Larry R. Hicks
Presiding Judge: Robert A. McQuaid
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:1132 E.R.I.S.A.

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 28, 2011 Opinion or Order Filing 58 ORDER AND FINAL JUDGMENT APPROVING SETTLEMENT AND DISMISSING CLAIMS OF CLASS MEMBERS WITH PREJUDICE. All of the claims in this Action shall be and hereby are dismissed with prejudice. (See Order/Final Judgment for specifics) Signed by Judge Larry R. Hicks on 3/28/2011. (Copies have been distributed pursuant to the NEF - MLC)
September 27, 2010 Opinion or Order Filing 43 ORDER DENYING as moot D's 6 Motion to Dismiss. Signed by Judge Larry R. Hicks on 9/27/2010. (Copies have been distributed pursuant to the NEF - DRM)
August 27, 2010 Opinion or Order Filing 40 ORDER OF PRELIMINARY APPROVAL re Settlement. Signed by Judge Larry R. Hicks. (Copies have been distributed pursuant to the NEF - DRM)
October 27, 2009 Opinion or Order Filing 26 ORDER granting 21 plaintiff's Motion for clarification as follows: Both parties are granted 60 days to conduct discovery concerning (1) whether McCreary can meet the injury-in-fact element of constitutional standing and (2) whether McCreary i s a "participant, beneficiary, or fiduciary" under 29 U.S.C. Sec. 1132(a)(3). Any further disputes concerning the limited discovery authorized by the court will be referred to U.S. Magistrate Judge Robert A. McQuaid, Jr. Signed by Judge Larry R. Hicks on 10/26/09. (Copies have been distributed pursuant to the NEF - SL)
August 11, 2009 Opinion or Order Filing 23 ORDER APPROVING 22 parties' Stipulation as follows: (a) current discovery deadline shall be extended through & including 11/13/2009, (b) Plaintiff's opposition to 6 Defendant's MOTION to Dismiss shall be due 12/03/2009 and Defenda nt shall reply 15 days after Plaintiff's opposition, (c) Defendant's response to 21 Plaintiff's MOTION for Clarification of July 2, 2009 Order shall be extended through & including 9/11/2009, and (d) parties have agreed to enter into a voluntary stay of discovery for 60 days while they discuss the possibility of dispute resolution. NO FURTHER EXTENSIONS SHALL BE GRANTED. See order re specifics. Signed by Judge Larry R. Hicks on 8/11/09. (Copies have been distributed pursuant to the NEF - SL)
July 2, 2009 Opinion or Order Filing 20 ORDER granting 12 plaintiff's Motion to Stay Ruling upon Defendant's Motion to Dismiss Pending Discovery to Respond. The parties are granted 60 days to conduct discovery concerning (1) whether McCreary can meet the injury-in-fact elemen t of constitutional standing & (2) whether McCreary is a participant, beneficiary, or fiduciary under 29 U.S.C. § 1132(a)(3). IT IS FURTHER ORDERED that at the conclusion of the 60-day discovery period, McCreary is granted 20 days to file an op position to Aetnas motion to dismiss 6 , and Aetna is granted 15 additional days to file a reply. See order re specifics. ( Responses due by 9/21/2009.) Signed by Judge Larry R. Hicks on 7/2/09. (Copies have been distributed pursuant to the NEF - SL)
January 9, 2009 Opinion or Order Filing 5 ORDER APPROVING 4 parties' Stipulation for Defendant Aetna Life Insurance Company to answer complaint up to and including 3/2/2009. Signed by Judge Larry R. Hicks on 1/9/09. (Copies have been distributed pursuant to the NEF - SL)
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Plaintiff: Terence L. McCreary
Represented By: Matthew L. Sharp
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Defendant: Aetna Life Insurance Company
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