NUCERO v. LINCOLN NATIONAL LIFE INSURANCE COMPANY et al
MARGARET NUCERO |
LINCOLN NATIONAL CORPORATION, LINCOLN NATIONAL LIFE INSURANCE COMPANY, JEFFERSON PILOT FINANCIAL, XYZ CORPORATION 1-10, JOHN DOES AND JANE DOES 3-10, ABC COMPANY 2-10, NELSON R. BERMAN, BERMAN FINANCIAL SERVICES and AGENT GL39793 |
PAUL G. LEVY |
1:2009cv05774 |
November 11, 2009 |
US District Court for the District of New Jersey |
Camden Office |
Burlington |
Renee Marie Bumb |
Joel Schneider |
Insurance |
28 U.S.C. § 1332 Diversity-Notice of Removal |
Both |
Docket Report
This docket was last retrieved on June 5, 2012. A more recent docket listing may be available from PACER.
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Filing 65 ORDER that this matter is REMANDED, for lack of subject matter jurisdiction, to the Superior Court of Burlington County, Law Division. Signed by Judge Renee Marie Bumb on 6/5/2012. (Attachments: #1 Remand Letter addressed to Superior Court of Burlington County)(TH, ) |
***Civil Case Terminated. (TH, ) |
Filing 64 BRIEF in Response to Court's Order to Show Cause entered on May 14, 2012, directing the parties to show cause why this case should not be remanded to the Superior Court of the State of New Jersey for lack of subject matter jurisdiction (MULVANEY, RYAN) |
Filing 63 RESPONSE TO ORDER TO SHOW CAUSE by MARGARET NUCERO. (SICILIANO, SALVATORE) |
Filing 62 ORDER TO SHOW CAUSE directing parties to SHOW CAUSE by 5/22/2012 why the above captioned case should not be remanded for lack of subject-matter jurisdiction. Signed by Judge Renee Marie Bumb on 5/14/2012. (drw) |
Filing 61 REPLY BRIEF to Opposition to Motion re #54 MOTION for Summary Judgment filed by MARGARET NUCERO. (SICILIANO, SALVATORE) |
Filing 60 ORDER re: #59 Letter from Siciliano & Associates, LLC. requesting leave to file a responsive letter brief in reply to Lincoln's Opposition w/in 10 days. REQUEST GRANTED. Signed by Judge Renee Marie Bumb on 1/12/2012. (drw) |
Filing 59 Letter from Siciliano & Associates, LLC. (SICILIANO, SALVATORE) |
Filing 58 REPLY BRIEF to Opposition to Motion re #54 MOTION for Summary Judgment REPLY BRIEF IN FURTHER SUPPORT OF LINCOLN'S MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT (PACER ENTRY NO. 55) FOR PARTIAL SUMMARY JUDGMENT ON HER BAD FAITH (COUNT EIGHT) CLAIM filed by LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: #1 Statement Response to Plaintiff's Statement of Material Facts Not In Dispute, #2 Declaration Supplemental Declaration of Steven P. Del Mauro, Esq. with annexed Exhibit "A", #3 Certificate of Service)(DEL MAURO, STEVEN) |
Filing 57 ORDER granting #56 Joint Letter Request re: #54 MOTION for Summary Judgment & #55 Cross Motion. ORDERED that the RETURN DATE, of the #54 Motion for Summary Judgment & the #55 Cross Motion for Partial Summary Judgment, is RESET & ADJOURNED to 1/17/2012. Lincoln's reply in further support of motion & opposition to Pltf's cross motion are due by 1/10/2012. Signed by Judge Renee Marie Bumb on 1/9/2012. (drw) |
Filing 56 Letter from Ryan P. Mulvaney, Esq. re #54 MOTION for Summary Judgment, #55 Brief in Opposition to Motion,. (MULVANEY, RYAN) |
Filing 55 BRIEF in Opposition re #54 MOTION for Summary Judgment filed by MARGARET NUCERO. (Attachments: #1 Notice of Opposition, #2 Brief in Support of Opposition, #3 Counter Statement of Materal Facts, #4 Order, #5 Certificaiton of Counsel Part I, #6 Certification of Counsel Part II, #7 Certificate of Service)(SICILIANO, SALVATORE) |
Set Deadlines as to #54 MOTION for Summary Judgment. Motion set for 1/3/2012 before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (drw, ) |
Filing 54 MOTION for Summary Judgment by LINCOLN NATIONAL LIFE INSURANCE COMPANY. Responses due by 12/20/2011 (Attachments: #1 Brief Memorandum of Law, #2 Statement of Undisputed Facts, #3 Declaration of Valerie Loftin with annexed Exhibits "A" through "D", #4 Declaration of Steven P. Del Mauro, Esq., #5 Exhibit Exhibit "A" to the Declaration of Steven P. Del Mauro, Esq., #6 Exhibit Exhibit "B" to the Declaration of Steven P. Del Mauro, Esq., #7 Exhibit Exhibit "C" to the Declaration of Steven P. Del Mauro, Esq., #8 Exhibit Exhibit "D" to the Declaration of Steven P. Del Mauro, Esq., #9 Exhibit Exhibit "E" to the Declaration of Steven P. Del Mauro, Esq., #10 Exhibit Exhibit "F" to the Declaration of Steven P. Del Mauro, Esq., #11 Exhibit Exhibit "G, PART 1" to the Declaration of Steven P. Del Mauro, Esq., #12 Exhibit Exhibit "G, PART 2" to the Declaration of Steven P. Del Mauro, Esq., #13 Exhibit Exhibit "G, PART 3" to the Declaration of Steven P. Del Mauro, Esq., #14 Exhibit Exhibit "H" to the Declaration of Steven P. Del Mauro, Esq., #15 Exhibit Exhibit "I, PART 1" to the Declaration of Steven P. Del Mauro, Esq., #16 Exhibit Exhibit "I, PART 2" to the Declaration of Steven P. Del Mauro, Esq., #17 Exhibit Exhibit "J" to the Declaration of Steven P. Del Mauro, Esq., #18 Exhibit Exhibit "K" to the Declaration of Steven P. Del Mauro, Esq., #19 Exhibit Exhibit "L" to the Declaration of Steven P. Del Mauro, Esq., #20 Exhibit Exhibit "M" to the Declaration of Steven P. Del Mauro, Esq., #21 Exhibit Exhibit "N" to the Declaration of Steven P. Del Mauro, Esq., #22 Exhibit Exhibit "O" to the Declaration of Steven P. Del Mauro, Esq., #23 Exhibit Exhibit "P" to the Declaration of Steven P. Del Mauro, Esq., #24 Exhibit Exhibit "Q" to the Declaration of Steven P. Del Mauro, Esq., #25 Exhibit Exhibit "R" to the Declaration of Steven P. Del Mauro, Esq., #26 Exhibit Exhibit "S" to the Declaration of Steven P. Del Mauro, Esq., #27 Exhibit Exhibit "T" to the Declaration of Steven P. Del Mauro, Esq., #28 Exhibit Exhibit "U" to the Declaration of Steven P. Del Mauro, Esq., #29 Exhibit Exhibit "V" to the Declaration of Steven P. Del Mauro, Esq., #30 Exhibit Exhibit "W" to the Declaration of Steven P. Del Mauro, Esq., #31 Exhibit Exhibit "X" to the Declaration of Steven P. Del Mauro, Esq., #32 Declaration of Clifford Mack Scott with annexed Exhibits "A" through "M", #33 Certificate of Service)(DEL MAURO, STEVEN) |
Filing 53 TEXT ORDER -- For good cause shown, it is hereby ORDERED that the Court GRANTS the parties' request to extend until November 30, 2011 the deadline to file dispositive motions. Signed by Magistrate Judge Joel Schneider on 11/23/11. (Schneider, Joel) |
Filing 52 ORDER re: Letter Request from Ryan P. Mulvaney for an ext of the deadline to file Summary Judgment Motions. Summary Judgment Motions due by 11/23/2011. Signed by Magistrate Judge Joel Schneider on 11/14/2011. (drw, ) |
Filing 51 REPLY BRIEF to Opposition to Motion re #45 First MOTION for Summary Judgment filed by NELSON R. BERMAN, BERMAN FINANCIAL SERVICES. (VAN DYKEN, JOHN) |
Filing 50 REPLY BRIEF to Opposition to Motion re #45 First MOTION for Summary Judgment filed by NELSON R. BERMAN, BERMAN FINANCIAL SERVICES. (VAN DYKEN, JOHN) |
Filing 49 BRIEF in Opposition re #45 First MOTION for Summary Judgment of the Berman Defendants filed by LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: #1 Statement Response to Berman Defendants' Statement of Undisputed Material Facts, #2 Statement Counterstatement of Undisputed Material Facts, #3 Declaration of Steven P. Del Mauro, Esq. (with annexed Exhibits "A" and "B"), #4 Declaration of Smythe Knight (with annexed Exhibit "A"), #5 Certificate of Service)(DEL MAURO, STEVEN) |
Filing 48 BRIEF in Opposition re #45 First MOTION for Summary Judgment filed by MARGARET NUCERO. (Attachments: #1 Notice of Opposition, #2 Proposed Order, #3 Certification of Service, #4 Plaintiff's Responsive Statement of Material Fact, #5 Brief in Support of Opposition, #6 Certification of Counsel in Support of Exhibits Part I, #7 Certification in Support of Exhibit Part II)(SICILIANO, SALVATORE) |
Filing 47 TEXT ORDER The Court has canceled the Final Pretrial Conference previously set for December 12, 2011. The Final Pretrial Conference will be rescheduled, if necessary, after defendants' motion for summary judgment is decided. Signed by Magistrate Judge Joel Schneider on November 1, 2011. (jk) |
Filing 46 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #45 First MOTION for Summary Judgment. (SICILIANO, SALVATORE) |
Set Deadlines as to #45 First MOTION for Summary Judgment. Motion set for 11/7/2011 before Judge Renee Marie Bumb. The motion will be decided on the papers. No appearances required unless notified by the court. (drw, ) |
Filing 45 First MOTION for Summary Judgment by NELSON R. BERMAN, BERMAN FINANCIAL SERVICES. Responses due by 10/24/2011 (Attachments: #1 Text of Proposed Order, #2 Certificate of Service, #3 Certification Exhibits, #4 Statement Material Facts, #5 Brief)(VAN DYKEN, JOHN) |
Filing 44 ORDER re: Letter from Salvatore J. Siciliano. ORDERED that all current scheduling deadlines are extended 30 days except the Final Pretrial Conference shall remain as scheduled. Signed by Magistrate Judge Joel Schneider on 8/5/2011. (drw, ) |
Filing 43 LETTER ORDER that all current scheduling deadlines are extended for 2 weeks except the Final Pretrial Conference which shall remain as scheduled. Signed by Magistrate Judge Joel Schneider on 8/1/2011. (TH, ) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 6/10/2011. (sk) |
Filing 42 AMENDED SCHEDULING ORDER: The Final Pretrial Conference set for 10/27/2011 is CANCELED. Final Pretrial Conference set for 12/12/2011 02:00 PM before Magistrate Judge Joel Schneider. Pretrial Factual Discovery extended to 7/15/2011. Dispositive Motions due by 10/3/2011. Signed by Magistrate Judge Joel Schneider on 6/10/2011. (drw, ) |
Filing 41 TEXT ORDER Upon letter application of counsel, the Court has scheduled a telephone status conference for June 10, 2011 at 10:30 a.m. Plaintiff's counsel shall initiate the telephone call. Signed by Magistrate Judge Joel Schneider on June 7, 2011. (jk) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 5/17/2011. (sk, ) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 3/11/2011. (sk) |
Filing 40 ANSWER to Complaint Second Amended Complaint, CROSSCLAIM against NELSON R. BERMAN, BERMAN FINANCIAL SERVICES by LINCOLN NATIONAL LIFE INSURANCE COMPANY, LINCOLN NATIONAL CORPORATION.(DEL MAURO, STEVEN) |
Filing 39 Berman ANSWER to Amended Complaint, Second CROSSCLAIM against ABC COMPANY 2-10, JOHN DOES AND JANE DOES 3-10, LINCOLN NATIONAL LIFE INSURANCE COMPANY, XYZ CORPORATION 1-10 by NELSON R. BERMAN, BERMAN FINANCIAL SERVICES.(VAN DYKEN, JOHN) |
Filing 38 AMENDED COMPLAINT Complaint against All Defendants All Defendants., filed by MARGARET NUCERO.(SICILIANO, SALVATORE) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 1/31/2011. (sk) |
Filing 37 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 10/27/2011 02:00 PM before Magistrate Judge Joel Schneider. Telephone Status Conference set for 5/17/2011 10:30 AM before Magistrate Judge Joel Schneider. Pretrial Factual Discovery extended to 6/30/2011. Dispositive Motions due by 9/15/2011.. Signed by Magistrate Judge Joel Schneider on 1/31/2011. (drw, ) |
Filing 36 ORDER granting Pltf.'s #30 Motion for Leave to File an AMENDED COMPLAINT. The AMENDED COMPLAINT attached to Pltf.'s motion shall be filed & served by 2/7/2011, etc. Signed by Magistrate Judge Joel Schneider on 1/31/2011. (drw, ) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 1/13/2011. (sk) |
Filing 35 AMENDED SCHEDULING ORDER: Telephone Status Conference set for 1/31/2011 @ 10:00 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 1/13/2011. (drw, ) |
Filing 34 TEXT ORDER The Court has scheduled a telephone status conference for January 13, 2011 at 9:30 a.m. Plaintiff's counsel shall initiate the telephone call. Signed by Magistrate Judge Joel Schneider on January 3, 2011. (jk) |
Filing 33 Letter from Ryan P. Mulvaney re #30 MOTION for Leave to File an Amended Complaint. (drw, ) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 12/23/2010. (sk) |
Filing 32 RESPONSE in Support re #30 MOTION for Leave to File an Amended Complaint filed by MARGARET NUCERO. (SICILIANO, SALVATORE) |
Filing 31 RESPONSE in Opposition re #30 MOTION for Leave to File an Amended Complaint filed by NELSON R. BERMAN, BERMAN FINANCIAL SERVICES. (VAN DYKEN, JOHN) |
Set Deadlines as to #30 MOTION for Leave to File an Amended Complaint. Motion set for 1/3/2011 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (drw, ) |
Filing 30 MOTION for Leave to File an Amended Complaint by MARGARET NUCERO. (SICILIANO, SALVATORE) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 12/2/2010. (sk) |
Filing 29 AMENDED SCHEDULING ORDER: Telephone Status Conference set for 12/23/2010 10:30 AM before Magistrate Judge Joel Schneider. Pretrial Factual Discovery extended to 3/31/2011. Dispositive Motions due by 7/1/2011. Signed by Magistrate Judge Joel Schneider on 12/2/2010. (drw, ) |
Filing 28 AFFIDAVIT of Merit by MARGARET NUCERO. (SICILIANO, SALVATORE) |
Filing 27 Letter Order Appointing Mediator, PAUL G. LEVY, ESQ., appointed. Signed by Magistrate Judge Madeline C. Arleo on 9/10/10. (jjq, ) |
Filing 26 ORDER REFERRING CASE to Mediation. Telephone Status Conference set for 12/2/2010 at 10:00 am. Signed by Magistrate Judge Joel Schneider on 9/1/2010. (drw, ) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Status Conference held on 8/31/2010. (sk) |
Filing 25 TEXT ORDER Upon letter application of counsel, the Court has rescheduled the status conference previously set for August 24, 2010. The new date for the in-person status conference is August 31, 2010 at 3:00 p.m. Signed by Magistrate Judge Joel Schneider on August 18, 2010. (jk) |
Filing 24 Letter from Salvatore J. Siciliano, Esq.. (SICILIANO, SALVATORE) |
Filing 23 STIPULATION OF PARTIAL DISMISSAL W/OUT PREJUDICE: ORDERED that the first amended complaint filed against LINCOLN NATIONAL CORPORATION is dismissed w/out prejudice, etc. Signed by Judge Renee Marie Bumb on 7/22/2010. (drw, ) |
Filing 22 ANSWER to Crossclaim of Defendants, Nelson Berman and Berman Financial Services, by LINCOLN NATIONAL CORPORATION, LINCOLN NATIONAL LIFE INSURANCE COMPANY.(DEL MAURO, STEVEN) |
Filing 21 Letter from Ryan P. Mulvaney, Esq. enclosing Stipulation of Partial Dismissal Without Prejudice dismissing Lincoln National Corporation. (Attachments: #1 Text of Proposed Order Stipulation of Partial Dismissal Without Prejudice dismissing Lincoln National Corporation)(MULVANEY, RYAN) |
Filing 20 Corporate Disclosure Statement by LINCOLN NATIONAL CORPORATION, LINCOLN NATIONAL LIFE INSURANCE COMPANY identifying Lincoln National Corporation as Corporate Parent.. (DEL MAURO, STEVEN) |
Filing 19 ANSWER to Amended Complaint Affirmative Defenses and, CROSSCLAIM against NELSON R. BERMAN, BERMAN FINANCIAL SERVICES by LINCOLN NATIONAL CORPORATION, LINCOLN NATIONAL LIFE INSURANCE COMPANY.(DEL MAURO, STEVEN) |
Filing 18 Initial ANSWER to Amended Complaint of Nucero, First CROSSCLAIM for contribution against LINCOLN NATIONAL CORPORATION, LINCOLN NATIONAL LIFE INSURANCE COMPANY by NELSON R. BERMAN, BERMAN FINANCIAL SERVICES.(VAN DYKEN, JOHN) |
Filing 17 NOTICE of Appearance by JOHN J. VAN DYKEN on behalf of NELSON R. BERMAN, BERMAN FINANCIAL SERVICES (VAN DYKEN, JOHN) |
CLERKS TEXT ORDER - The Application for a Clerks Order Extending Time to Answer - Document #16 submitted by Lincoln National Life Insurance Company and Lincoln National Corporation on 7/12/2010 has been GRANTED. The answer due date has been set for 7/26/2010. (drw, ) |
Filing 16 Application and Proposed Order for Clerk's Order to extend time to answer as to Lincoln National Life Insurance Company and Lincoln National Corporation.. (MULVANEY, RYAN) |
Filing 15 AMENDED COMPLAINT against ABC COMPANY 1-10, JANE DOES (1-10), JOHN DOES, LINCOLN FINANCIAL GROUP, LINCOLN NATIONAL CORPORATION, XYZ CORPORATION 1-10, filed by MARGARET NUCERO.(SICILIANO, SALVATORE) |
Filing 14 ORDER granting #8 Pltfs Motion to Amend Complaint w/ amended caption (Doc. No. 10) by 6/28/2010. The Court will address new scheduling deadlines w/ the parties at the next scheduling conference. Signed by Magistrate Judge Joel Schneider on 6/21/2010. (drw, ) |
Filing 13 Letter from Salvatore J. Siciliano, Esq.. (SICILIANO, SALVATORE) |
Filing 12 RESPONSE in Opposition re #8 First MOTION to Amend/Correct Complaint filed by LINCOLN FINANCIAL GROUP, LINCOLN NATIONAL CORPORATION. (drw, ) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 6/14/2010. (sk) |
Filing 11 AMENDED SCHEDULING ORDER: In-person Status Conference set for 8/24/2010 11:00 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 6/14/2010. (drw, ) |
Filing 10 RESPONSE in Support re #8 First MOTION to Amend/Correct Complaint filed by MARGARET NUCERO. (SICILIANO, SALVATORE) |
Filing 9 TEXT ORDER The Court has scheduled a telephone status conference for June 14, 2010 at 10:30 a.m. Plaintiff's counsel shall initiate the call. By June 3, 2010, plaintiff shall serve a copy of the proposed amended complaint that was not attached to her motion [Doc. No. 8]. Defendants' response to plaintiff's motion shall be served by June 10, 2010. Signed by Magistrate Judge Joel Schneider on May 27, 2010. (jk) |
Set Deadlines as to #8 First MOTION to Amend/Correct Complaint. Motion set for 6/21/2010 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (drw, ) |
Filing 8 First MOTION to Amend/Correct Complaint by MARGARET NUCERO. (SICILIANO, SALVATORE) |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Initial Scheduling Conference held on 1/13/2010. (sk, ) |
Filing 7 SCHEDULING ORDER: Telephone Status Conference set for 6/14/2010 10:30 AM before Magistrate Judge Joel Schneider. Amended Pleadings due by 2/16/2010. Pretrial factual discovery extended to 6/30/2010. Dispositive Motions due by 10/1/2010. Signed by Magistrate Judge Joel Schneider on 1/13/2010. (drw, ) |
Filing 6 NOTICE of Appearance by RYAN P. MULVANEY on behalf of LINCOLN FINANCIAL GROUP, LINCOLN NATIONAL CORPORATION (MULVANEY, RYAN) |
Filing 5 TEXT ORDER Upon letter application of counsel and all parties consenting, the Court has rescheduled the Initial Scheduling Conference previously set for December 23, 2009. The new date for the in-person Initial Scheduling Conference is January 13, 2010 at 11:30 a.m. Signed by Magistrate Judge Joel Schneider on December 22, 2009. (jk) |
Filing 4 ORDER, Initial Conference set for 12/23/2009 10:30 AM before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 12/3/2009. (drw, ) |
Filing 3 ANSWER to Complaint by LINCOLN NATIONAL CORPORATION.(DEL MAURO, STEVEN) |
Filing 2 Corporate Disclosure Statement by LINCOLN FINANCIAL GROUP, LINCOLN NATIONAL CORPORATION identifying LINCOLN NATIONAL CORPORATION as Corporate Parent. (dmr, ) |
Filing 1 NOTICE OF REMOVAL by LINCOLN FINANCIAL GROUP, LINCOLN NATIONAL CORPORATION from SUPERIOR COURT OF NEW JERSEY BURLINGTON COUNTY, case number BUR-L-3261-09. ( Filing fee $ 350 receipt number 2808021) (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service, #3 Application for Extension) (dmr, ). |
CLERKS TEXT ORDER-The Application for a Clerk's Order Extending Time to Answer-Document #1 submitted by LINCOLN FINANCIAL GROUP, LINCOLN NATIONAL CORPORATION on 11/11/2009 has been GRANTED. The answer due date has been set for 12/3/2009.(dmr, ) |
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