Swirka v. Liberty Mutual Insurance Company
Plaintiff: Elizabeth Swirka and Elizabeth A. Swirka
Defendant: Liberty Mutual Insurance Company
Case Number: 1:2018cv00854
Filed: September 25, 2018
Court: US District Court for the District of New Hampshire
Presiding Judge: Joseph A DiClerico
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1446 Notice of Removal
Jury Demanded By: Both
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This docket was last retrieved on May 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2020 Civil Case Terminated. (ko)
May 6, 2020 Filing 49 ///STIPULATION of Dismissal by Liberty Mutual Insurance Company(Vanderzanden, Danielle)
February 13, 2020 Opinion or Order ENDORSED ORDER granting in part re #48 Motion to Continue and Extend Deadlines. Text of Order: The motion (doc. no. 45) is granted with the following modifications to the requested deadlines: Challenges to expert testimony: September 19, 2020, to allow 45 days prior to trial. Defendants Expert Disclosure deadline is extended to August 24, 2020. Summary Judgment: July 6, 2020 to allow 120 days between this deadline and trial. Trial is scheduled for the two week period beginning November 10, 2020. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 7/6/2020.(ko)
February 13, 2020 TRIAL NOTICE: Pretrial Statements due 9/29/2020. LR 16.2(d) Objections due 10/13/2020. Final Pretrial Conference reset for 10/20/2020 at 02:00 PM before Judge Joseph A. DiClerico Jr. Jury Selection/Trial reset for two week period beginning 11/10/2020 at 09:30 AM before Judge Joseph A. DiClerico Jr. (ko)
February 6, 2020 Filing 48 Joint Assented to MOTION to Continue and Extend Deadlines All Deadlines filed by Liberty Mutual Insurance Company.(Vanderzanden, Danielle)
February 6, 2020 NOTICE of ECF Filing Error re: #48 Joint Assented to MOTION to Continue and Extend Deadlines All Deadlines filed by Liberty Mutual Insurance Company. Civil Form 3 should have been filed as an attachment to the main document (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(ko)
November 4, 2019 Opinion or Order ENDORSED ORDER granting #45 Motion to Continue and Extend Deadlines. Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
November 4, 2019 TRIAL NOTICE: Summary Judgment Motions due by 5/7/2020. Pretrial Statements due 7/30/2020. LR 16.2(d) Objections due 8/13/2020. Final Pretrial Conference reset for 8/20/2020 at 10:00 AM before Judge Joseph A. DiClerico Jr. Jury Selection/Trial reset for two week period beginning 9/1/2020 at 09:30 AM before Judge Joseph A. DiClerico Jr. (ko) Modified on 1/21/2020 to amend final pretrial year (ko).
November 1, 2019 Filing 47 Addendum/ to #45 Assented to MOTION to Continue and Extend Deadlines All deadlines and trial by Liberty Mutual Insurance Company. (Vanderzanden, Danielle)
November 1, 2019 Filing 46 Addendum/ to #45 Assented to MOTION to Continue and Extend Deadlines All deadlines and trial by Elizabeth A. Swirka. (Richards-Stower, Nancy)
November 1, 2019 ACTION REQUIRED - NOTICE Nonconforming Document re #45 Assented to MOTION to Continue and Extend Deadlines All deadlines and trial filed by Elizabeth A. Swirka. The document fails to comply with LR 7.2-Motion to continue shall contain a certification that the client has been notified of the request. File certification as addendum using the Other Documents/Addendum event and link filing(s) to document no. 45. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 11/6/2019.(ko)
October 31, 2019 Filing 45 Assented to MOTION to Continue and Extend Deadlines All deadlines and trial filed by Elizabeth A. Swirka.(Richards-Stower, Nancy)
September 11, 2019 Opinion or Order ENDORSED ORDER re #43 The Parties' Joint Statement Regarding Status of Discovery. Text of Order: Reviewed. Upon review of the representations made by counsel in their joint statement, the court understands that there are no current or anticipated discovery disputes and that this matter will proceed to trial as scheduled. The parties shall notify the court promptly if there is any change in case status that may result in a request to extend deadlines or continue trial and request case management conference, as may be appropriate. So Ordered by Magistrate Judge Andrea K. Johnstone.(ko)
September 10, 2019 Filing 44 Mediation Statement: Mediation must await discovery The Parties' Joint Statement Regarding Mediation (Richards-Stower, Nancy)
September 10, 2019 Filing 43 The Parties' Joint Statement Regarding Status of Discovery by Elizabeth A. Swirka(Richards-Stower, Nancy)
July 22, 2019 Opinion or Order Filing 42 PROTECTIVE ORDER. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
July 19, 2019 Opinion or Order ENDORSED ORDER granting #38 Assented to Motion for Protective Order. Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)
July 17, 2019 Opinion or Order ENDORSED ORDER granting #40 Joint Assented to MOTION to Extend Time to Extend Scheduling Order Deadlines. Text of Order: Granted. In light of the extension of the close of discovery deadline, the parties shall file a second joint statement regarding the status of discovery on or before September 26, 2019. So Ordered by Magistrate Judge Andrea K. Johnstone. Discovery Status Report due by 9/26/2019.(ko)
July 16, 2019 Filing 41 STATUS REPORT by Liberty Mutual Insurance Company : Joint Statement Regarding Discovery(Vanderzanden, Danielle)
July 16, 2019 Filing 40 Joint Assented to MOTION to Extend Time to Extend Scheduling Order Deadlines Replaces Docket No. 39 filed by Liberty Mutual Insurance Company.(Vanderzanden, Danielle)
July 16, 2019 Filing 39 REFILED SEE DOC. NO. #40 Joint Motion to Modify the Scheduling Order and Extend All Deadlines by 60 Days by Liberty Mutual Insurance Company(Vanderzanden, Danielle) Modified on 7/16/2019 to add: refiled text (ko).
July 16, 2019 NOTICE of ECF Filing Errors re: #39 Joihnt Motion to Modify the Scheduling Order and Extend All Deadlines by 60 Days filed by Liberty Mutual Insurance Company. Filer used wrong event and the document fails to comply with LR 7.2-Extension requests that would result in the extension of other pending deadlines in a case must be accompanied by a completed Civil Form 3. Filer shall refile using the Motion to Extend Time event and enter in docket text: Replaces document no. 39 If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 7/19/2019.(ko)
July 12, 2019 Filing 38 Assented to MOTION for Protective Order filed by Liberty Mutual Insurance Company. (Attachments: #1 Protective Order)(Vanderzanden, Danielle)
May 7, 2019 TRIAL NOTICE: Pretrial Statements due 3/4/2020. LR 16.2(d) Objections due 3/18/2020. Final Pretrial Conference set for 3/25/2020 at 11:00 AM before Judge Joseph A. DiClerico Jr. Jury Selection/Trial set for two week period beginning 4/7/2020 at 09:30 AM before Judge Joseph A. DiClerico Jr. (ko)
May 2, 2019 Opinion or Order Filing 37 ORDER approving #35 Discovery Plan with changes. Case Track: Standard. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 12/9/2019. Joint Statement regarding the status of discovery due by 7/17/2019. Mediation Follow Up on 10/1/2019.(ko)
April 22, 2019 Opinion or Order ENDORSED ORDER granting #36 Assented to Motion to Continue Pretrial Conference Schedule for May 1, 2019. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(ko)
April 18, 2019 Filing 36 Assented to MOTION to Continue Pre Trial Conference Scheduled for May 1, 2019 filed by Elizabeth A. Swirka. Follow up on Objection on 5/2/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Richards-Stower, Nancy)
April 17, 2019 Filing 35 Proposed Discovery Plan filed by Liberty Mutual Insurance Company. (Vanderzanden, Danielle)
March 25, 2019 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/1/2019 10:00 AM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 4/23/2019. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)
March 21, 2019 Filing 34 ANSWER to #25 Amended Complaint, with jury demand filed by Liberty Mutual Insurance Company.(Vanderzanden, Danielle)
March 7, 2019 Opinion or Order Filing 33 ORDER denying #27 Motion to Dismiss. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
March 1, 2019 Filing 32 REPLY to Objection to Motion re #27 MOTION to Dismiss (Partial) filed by Liberty Mutual Insurance Company. Surreply due by 3/6/2019. (Vanderzanden, Danielle)
February 22, 2019 Filing 31 OBJECTION to #27 MOTION to Dismiss (Partial) filed by Elizabeth A. Swirka. Follow up on Reply on 3/1/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum in Support of Objection to Partial Motion to Dismiss, #2 Exhibit NHCHR flow chart, #3 Exhibit (Affidavit) Declaration of Attorney Nancy Richards-Stower)(Richards-Stower, Nancy)
February 21, 2019 Opinion or Order ENDORSED ORDER granting #30 Assented to MOTION for Lorenzo R. Cabantog to Appear Pro Hac Vice. Text of Order: Granted on the condition that Lorenzo R. Cabantog submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(ko)
February 20, 2019 Filing 30 Assented to MOTION for Lorenzo R. Cabantog to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1774426.) filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit (Affidavit) Affidavit of Lorenzo Cabantog, #2 Attachment to Exhibit Certificate of Good Standing)(Vanderzanden, Danielle)
February 14, 2019 Filing 29 NOTICE of Withdrawal of Docket No. 28 by Liberty Mutual Insurance Company.(Vanderzanden, Danielle)
February 14, 2019 Filing 28 WITHDRAWN SEE DOC. NO. #29 . Assented to MOTION for Lorenzo R. Cabantog to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1772221.) filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit (Affidavit) of Lorenzo Cabantog, #2 Attachment to Exhibit Certificate of Good Standing)(Vanderzanden, Danielle) Modified on 2/15/2019 to add: withdrawn text(ko).
February 11, 2019 Filing 27 MOTION to Dismiss (Partial) filed by Liberty Mutual Insurance Company. Follow up on Objection on 2/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Vanderzanden, Danielle)
January 31, 2019 Filing 26 Exhibit Right To Sue Received after Government Re-opened to #25 Amended Complaint, by Elizabeth A. Swirka.(Richards-Stower, Nancy)
January 21, 2019 Filing 25 AMENDED COMPLAINT against Liberty Mutual Insurance Company with jury demand filed by Elizabeth A. Swirka. (Attachments: #1 Exhibit Right-To-Sue Request, #2 Exhibit EEOC notice of inability to act due to shutdown)(Richards-Stower, Nancy)
January 3, 2019 Opinion or Order Filing 24 PROCEDURAL ORDER: Swirka shall file an Amended Complaint on or before January 22, 2019. Liberty Mutual shall respond to the Amended Complaint as is provided in Rule 12. So Ordered by Judge Joseph A. DiClerico, Jr. Amended Pleadings due by 1/22/2019.(ko)
December 21, 2018 Filing 23 Amended Notice of Removal by Liberty Mutual Insurance Company.(Vanderzanden, Danielle) Modified on 1/2/2019 to remove: "NOTICE of " from title (ko).
December 20, 2018 Set Deadline: Within 48 hours counsel shall electronically refile the pleading attached to the Motion to Amend using the appropriate event in CMECF. (ko)
December 20, 2018 Opinion or Order ENDORSED ORDER granting #22 Motion to Amend #1 Notice of Removal. Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
December 18, 2018 Filing 22 Assented to MOTION to Amend #1 Notice of Removal - New Case filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit Amended Notice of Removal)(Vanderzanden, Danielle)
December 14, 2018 Opinion or Order Filing 21 ORDER denying #16 Motion for Reconsideration re: #10 Order on Motion to Remand to State Court; striking #18 Motion to Amend #1 Notice of Removal. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
December 7, 2018 Opinion or Order ENDORSED ORDER granting #19 Motion to Extend Time to Object/Respond re #16 Motion for Reconsideration to December 6, 2018. Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr. Follow up on Objection on 12/6/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(gla)
December 6, 2018 Filing 20 OBJECTION to #16 MOTION for Reconsideration filed by Liberty Mutual Insurance Company. Follow up on Reply on 12/13/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Vanderzanden, Danielle) (Additional attachment(s) added on 12/10/2018: #1 Dated Copy) (ko).
December 6, 2018 NOTICE of ECF Filing Error re: #18 Assented to MOTION to Amend #1 Notice of Removal - New Case filed by Liberty Mutual Insurance Company. Pursuant to LR 15.1(a) a party who moves to amend a filing shall (i) attach the proposed amended filing to the motion to amend. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1473. Compliance Deadline set for 12/18/2018.(ko)
November 30, 2018 Filing 19 Assented to MOTION to Extend Time to Object/Respond to #16 MOTION for Reconsideration to December 6, 2018 filed by Liberty Mutual Insurance Company.(Vanderzanden, Danielle)
November 30, 2018 Filing 18 MOTION STRUCK per District Judge Joseph A. DiClerico Jr.'s #21 Order, Dated 12/14/2018. Assented to MOTION to Amend #1 Notice of Removal - New Case filed by Liberty Mutual Insurance Company.(Vanderzanden, Danielle) Modified on 12/14/2018 to add: struck text(ko).
November 30, 2018 FILED IN ERROR. REFILED SEE DOC. NO. #19 . Notice of ASSENT by Elizabeth Swirka as to #16 MOTION for Reconsideration .(Vanderzanden, Danielle) Modified on 12/3/2018 to add: filed in error text(ko).
November 29, 2018 Opinion or Order Filing 17 ORDER denying without prejudice #15 Motion to Amend. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
November 16, 2018 Filing 16 MOTION for Reconsideration filed by Elizabeth A. Swirka. Follow up on Objection on 11/30/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Swirka's Memorandum of Law in Support of her Motion for Reconsideration)(Richards-Stower, Nancy)
November 16, 2018 Filing 15 Assented to MOTION to Amend #1 Notice of Removal - New Case,,, filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit Amended Notice of Removal, ECF Doc No. 1)(Vanderzanden, Danielle)
November 16, 2018 Motion terminated: #13 Joint Assented to MOTION to Amend #1 Notice of Removal filed by Liberty Mutual Insurance Company - motion withdrawn see doc. no. #14 . (ko)
November 15, 2018 Filing 14 Notice of Withdrawal of Motion: #13 Joint Assented to MOTION to Amend #1 Notice of Removal - New Case.(Vanderzanden, Danielle)
November 14, 2018 Filing 13 WITHDRAWN SEE DOC. NO. #14 Joint Assented to MOTION to Amend #1 Notice of Removal - New Case filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit Amended Notice of Removal)(Vanderzanden, Danielle) Modified on 11/16/2018 to add: withdrawn text(ko).
November 13, 2018 Opinion or Order Filing 12 ORDER denying #11 Motion for to Revise November 2, 2018 Order on Plaintiff's Motion to Remand. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
November 12, 2018 Filing 11 Joint MOTION to Revise November 2, 2018 Order on Plaintiff's Motion to Remand (ECF Doc. 10) filed by Liberty Mutual Insurance Company. Follow up on Objection on 11/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Vanderzanden, Danielle)
November 2, 2018 Opinion or Order Filing 10 ORDER denying #5 Motion to Remand to State Court. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)
October 31, 2018 Filing 9 SURREPLY to Reply to #5 MOTION to Remand to State Court filed by Liberty Mutual Insurance Company. (Attachments: #1 Exhibit (Affidavit) of Danielle Vanderzanden in Support of Surreply, #2 Exhibit A to Affidavit, #3 Exhibit B to Affidavit)(Vanderzanden, Danielle) Modified on 11/1/2018 to remove duplicative "exhibit" text (ko).
October 26, 2018 Filing 8 REPLY to Objection to Motion re #5 MOTION to Remand to State Court filed by Elizabeth A. Swirka. Surreply due by 10/31/2018. (Attachments: #1 Exhibit (Affidavit) Declaration of Nancy Richards-Stower, #2 Attachment to Exhibit Attachment 1 to NR-S Declaration, #3 Attachment to Exhibit Attachment 2 to NR-S Declaration)(Richards-Stower, Nancy)
October 25, 2018 Filing 7 OBJECTION to #5 MOTION to Remand to State Court filed by Liberty Mutual Insurance Company. Follow up on Reply on 11/1/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Affidavit of Danielle Vanderzanden in Support of Opposition, #2 Exhibit A to Affidavit of Danielle Vanderzanden)(Vanderzanden, Danielle)
October 16, 2018 Filing 6 Certified Copies of State Court Record. State Court Case No. 219-2018-cv-350, Strafford County Superior Court(Vanderzanden, Danielle)
October 11, 2018 Filing 5 MOTION to Remand to State Court filed by Elizabeth A. Swirka. Follow up on Objection on 10/25/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Exhibit A 6-1-18 Swirka PC Orders of Notice, #2 Exhibit Exhibit A-1 Swirka PC Determination, #3 Exhibit Exhibit A-2 Swirka Investigative Report, #4 Exhibit Exhibit B Burke Cohen Declaration, #5 Exhibit Exhibit B-1 Attachment to Burke Cohen Declaration: cert. mail, #6 Exhibit Exhibit C 7-31-18 HRC Corrects Swirka v. Liberty Mutual, #7 Exhibit Exhibit D emails/Strafford/Swirka v. Liberty Mutual, #8 Memorandum of Law Memorandum in Support of Plaintiff Swirka's Motion to Remand)(Richards-Stower, Nancy)
September 27, 2018 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. (mc)
September 25, 2018 Case assigned to Judge Joseph A. DiClerico, Jr. The case designation is: 1:18-cv-854-JD. Please show this number with the judge designation on all future pleadings. (mc)
September 25, 2018 Filing 4 DEMAND for Trial by Jury by Liberty Mutual Insurance Company(Vanderzanden, Danielle)
September 25, 2018 Filing 3 Disclosure Statement by Liberty Mutual Insurance Company disclosing no parent company, no publicly traded company, and no merger agreement. DEFENDANT'S CORPORATE DISCLOSURE STATEMENT (Vanderzanden, Danielle)
September 25, 2018 Filing 2 NOTICE of Attorney Appearance by Danielle Y. Vanderzanden on behalf of Liberty Mutual Insurance Company (Vanderzanden, Danielle)
September 25, 2018 Filing 1 NOTICE OF REMOVAL from Superior Court-Stafford, case number 219-2818-cv-350 (filing fee $400, receipt number 0102-1713304) filed by Liberty Mutual Insurance Company. Answer Follow Up on 10/16/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 10/9/2018. (Attachments: #1 Exhibit A Charge dated 1/19/13, #2 Exhibit B Charge dated 12/17/13, #3 Exhibit C Charge dated 8/4/14, #4 Exhibit D Charge dated 3/25/17, #5 Exhibit E Petition Removal filed Sate Court 9/13/18, #6 Exhibit F Notice Appearance State Court 9/13/18, #7 Exhibit G Notice Removal NH Commission Human Rights, #8 Exhibit H Notice Removal Complainant's Counsel 9/13/18, #9 Exhibit I Proof of filing/receipt dated 9/14/18, #10 Exhibit J Notive of Filing Removal 9/25/18, #11 Civil Cover Sheet)(Vanderzanden, Danielle) Modified on 9/27/2018 to add: Exhibit Descriptions (mc).

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Plaintiff: Elizabeth Swirka
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Plaintiff: Elizabeth A. Swirka
Represented By: Nancy Richards-Stower
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Defendant: Liberty Mutual Insurance Company
Represented By: Danielle Y. Vanderzanden
Represented By: Lorenzo R. Cabantog
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