Johnson v. Liberty Life Assurance Company of Boston
| Lauri Johnson |
| Liberty Life Assurance Company of Boston |
| 1:2018cv01172 |
| December 17, 2018 |
| US District Court for the District of New Hampshire |
| Steven J McAuliffe |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 22 STIPULATION of Dismissal as to all claims against Defendant with Prejudice by Liberty Life Assurance Company of Boston(Decker, Byrne) |
| Civil Case Terminated. (lml) |
| Attorney George M. Thompson, Jr. advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court will dismiss the case with prejudice. Case Settlement Deadline 3/4/2019. (lml) |
ENDORSED ORDER granting #21 Assented to Motion for Extend Local Rule 9.4 Deadlines Pending Mediation. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lml)
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| Filing 21 Assented to MOTION to Extend Local Rule 9.4 Deadlines Pending Mediation filed by Liberty Life Assurance Company of Boston.(Decker, Byrne) |
| Filing 20 ERISA Notice sent to all parties.(bt) |
| 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. (bt) |
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ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motion for pro hac vice admission of George M. Thompson, Jr., Esq. has been received. Unless said motion with the required fee is filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Daniel J. Lynch, Clerk of Court.Compliance Deadline set for 1/22/2019.(bt)
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| Filing 19 PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Daniel J. Lynch, Clerk of Court.Compliance Deadline set for 1/16/2019.(bt) |
| Case assigned to Judge Steven J. McAuliffe. The case designation is: 18-cv-1172-SM. Please show this number with the judge designation on all future pleadings. (bt) |
| Filing 18 Case transferred in from District of Massachusetts; Case Number: 1:18-cv-11602. Original file certified copy of transfer order and docket sheet received |
| Filing 17 Case transferred to the District of New Hampshire. Case file electronically sent to the Clerk in that district. (Pacho, Arnold) [Transferred from mad on 12/17/2018.] |
| Filing 16 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #7 Motion to Transfer Case.Under ERISA's venue provision, a claim for ERISA-governed benefits "may be brought in the district where the plan is administered, where the breach took place, or where a defendant resides or may be found...." 29 U.S.C. 1132(e)(2). While defendant Liberty Life Assurance Co. is "found" in Massachusetts, where plaintiff Lauri Johnson has filed her lawsuit, it has asked that this case be transferred to the federal court in New Hampshire. Johnson lives, and during the relevant time, worked in New Hampshire. Liberty represents that its employees who participated in Johnson's claim work in Dover, New Hampshire and Charlotte, North Carolina, and Liberty is incorporated in New Hampshire and operates a significant claims facility in the District of New Hampshire. "[A] plaintiff's choice of forum is entitled to greater deference when [she] has chosen [her] home forum, because it is reasonable to assume that this choice is convenient." Royal Bed & Spring Co., Inc. v. Famossul Industria e Comercio de Moveis Ltda., 906 F.2d 45, 52 (1st Cir. 1990). Here it is Johnson's attorney that resides in Massachusetts. See Kaufman v. Prudential Ins. Co. of Am., 667 F. Supp. 2d 205, 208 (D. Mass. 2009) ("It is clear that the prosecution of this case in Massachusetts serves the convenience of no one other than plaintiff's attorney to whom the presumptive choice of forum rule does not apply."). Having reviewed the relevant factors under the transfer statute, 28 U.S.C. 1404(a), the court finds that New Hampshire has a far greater connection to the facts of this case than Massachusetts, and transferring this matter to the District of New Hampshire serves both the public's and the court's interests.The Clerk will transfer this matter to the federal court in New Hampshire. (Zierk, Marsha) [Transferred from mad on 12/17/2018.] |
| Filing 15 REPLY to Response to #7 MOTION to Transfer Case to United States District Court, District of New Hampshire. Leave to File Granted 12/12/18 filed by Liberty Life Assurance Company of Boston. (Attachments: #1 Exhibit 1 - Emails)(Decker, Byrne) [Transferred from mad on 12/17/2018.] |
| Filing 14 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #13 Motion for Leave to File a Reply; Counsel should now file the Reply including- Leave to file granted on 12/12/18 - in the caption of the document. (Zierk, Marsha) [Transferred from mad on 12/17/2018.] |
| Filing 13 MOTION for Leave to File Reply in Further Support of Its Motion for Forum Transfer by Liberty Life Assurance Company of Boston. (Attachments: #1 Defendant's Reply in Support of Its Motion for Forum Transfer, #2 Exhibit 1 - Emails)(Decker, Byrne) [Transferred from mad on 12/17/2018.] |
| Filing 12 ELECTRONIC NOTICE of Case Re-Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) [Transferred from mad on 12/17/2018.] |
| Filing 11 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Thompson, George) [Transferred from mad on 12/17/2018.] |
| Filing 10 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (York, Steve) [Transferred from mad on 12/17/2018.] |
| Filing 9 Opposition re #7 MOTION to Transfer Case to United States District Court, District of New Hampshire. filed by Lauri Johnson. (Attachments: #1 Exhibit 1, 2 and 3)(Thompson, George) [Transferred from mad on 12/17/2018.] |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Transfer Case to United States District Court, District of New Hampshire. filed by Liberty Life Assurance Company of Boston. (Attachments: #1 Declaration of Heather Carignan, #2 Exhibit A - Policy, #3 Exhibit B - Letters between Plaintiff and Liberty, #4 Exhibit C - Records Requests)(Decker, Byrne) [Transferred from mad on 12/17/2018.] |
| Filing 7 MOTION to Transfer Case to United States District Court, District of New Hampshire. by Liberty Life Assurance Company of Boston.(Decker, Byrne) [Transferred from mad on 12/17/2018.] |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Liberty Life Assurance Company of Boston identifying Corporate Parent The Lincoln National Life Insurance Company, Corporate Parent Lincoln National Corporation for Liberty Life Assurance Company of Boston.. (Decker, Byrne) [Transferred from mad on 12/17/2018.] |
| Filing 5 ANSWER to #1 Complaint, by Liberty Life Assurance Company of Boston.(Decker, Byrne) [Transferred from mad on 12/17/2018.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by Lauri Johnson. Liberty Life Assurance Company of Boston waiver sent on 8/2/2018, answer due 10/1/2018. (Thompson, George) [Transferred from mad on 12/17/2018.] |
| Filing 3 Summons Issued as to Liberty Life Assurance Company of Boston. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Manolakis, Ashley) [Transferred from mad on 12/17/2018.] |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (DaSilva, Carolina) [Transferred from mad on 12/17/2018.] |
| Filing 1 COMPLAINT against Liberty Life Assurance Company of Boston Filing fee: $ 400, receipt number 0101-7252389 (Fee Status: Filing Fee paid), filed by Lauri Johnson. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet)(Thompson, George) (Attachment 1 and 2 replaced on 7/31/2018 in order to flatten to PDF) (Manolakis, Ashley). Modified on 7/31/2018 (Manolakis, Ashley). [Transferred from mad on 12/17/2018.] |
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| Defendant: Liberty Life Assurance Company of Boston | |
| Represented By: | Byrne J. Decker |
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| Plaintiff: Lauri Johnson | |
| Represented By: | George M. Thompson, Jr. |
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