Spillman et al v. Metropolitan Life Insurance Company et al
| William Spillman and Katrina Garcia Spillman |
| Verizon Wireless, Metropolitan Life Insurance Company, Verizon Wireless Short Term Disability Plan and Cellco Partnership d/b/a Verizon Wireless |
| 1:2019cv00660 |
| July 18, 2019 |
| US District Court for the District of New Mexico |
| Robert C Brack |
| Laura Fashing |
| Kirtan Khalsa |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 47
ORDER DISMISSING CASE by Sr. District Judge Robert C. Brack. (jjs)
|
| Filing 46 MOTION to Dismiss by Katrina Garcia Spillman, William Spillman. (Quintero, Penelope) |
|
Filing 45
ORDER TO SHOW CAUSE by Magistrate Judge Laura Fashing. The parties reached a settlement agreement in this case, and the Court ordered the parties to file closing documents no later than February 18, 2020. Doc. 43. As of the date of this order, the parties have neither submitted closing documents nor sought an extension of time to do so. IT IS THEREFORE ORDERED that the parties file closing documents, or a motion for extension of time to do so, within seven (7) days, or show cause in writing as to why they should not be sanctioned for violating the Courts order. Show Cause Response due by 3/3/2020. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp)
|
|
Filing 44
ORDER by Sr. District Judge Robert C. Brack denying as moot #11 Motion to Dismiss for Failure to State a Claim and to Dismiss Party ; (yc)
|
|
Filing 43
ORDER to Submit Closing Document by Magistrate Judge Laura Fashing. The parties have notified the Court that they have reached a negotiated resolution in this matter. IT IS THEREFORE ORDERED that closing documents must be filed no later than Tuesday, February 18, 2020, absent a written motion showing good cause for an extension. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (cda)
|
| Filing 42 Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Settlement Conference held on 1/10/2020. Settlement efforts will continue until January 17, 2020 at 4:30 pm. (LF) |
|
Filing 41
ORDER by Magistrate Judge Laura Fashing granting defendants' motions #37 and #38 for leave for client representatives to appear at settlement conference by telephone. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (cda)
|
| Filing 40 Clerk's Minutes for Status Conference held on 1/3/2020 before Magistrate Judge Laura Fashing. (cda) |
|
Filing 39
ORDER by Magistrate Judge Laura Fashing setting a telephonic Status Conference for 1/3/2020 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda)
|
| Filing 38 Opposed MOTION for Leave to Appear Telephonically at Settlement Conference by Metropolitan Life Insurance Company. (Englert, Jack) |
| Filing 37 MOTION For Client Representative To Attend Settlement Conference Via Telephone by Cellco Partnership d/b/a Verizon Wireless, Verizon Wireless Short Term Disability Plan. (Bartow, Daryl) |
| Filing 35 RESPONSE in Opposition re #32 MOTION for Discovery filed by Verizon Wireless Short Term Disability Plan. (Bartow, Daryl) |
| Filing 34 RESPONSE in Opposition re #32 MOTION for Discovery filed by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Englert, Jack) |
| Filing 33 MEMORANDUM in Support re #32 MOTION for Discovery filed by Katrina Garcia Spillman. (Frederick, Latisha) |
| Filing 32 MOTION for Discovery by Katrina Garcia Spillman. (Frederick, Latisha) |
| Filing 31 ANSWER to #28 Amended Complaint by Verizon Wireless Short Term Disability Plan.(Bartow, Daryl) |
| Filing 30 ANSWER to #28 Amended Complaint by Metropolitan Life Insurance Company.(Englert, Jack) |
|
Filing 29
AMENDED ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Laura Fashing (amended as to location only). The Settlement Conference set for 1/10/2020 at 09:00 AM in Albuquerque will take place in 440 Hondo Courtroom before Magistrate Judge Laura Fashing. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (cda)
|
| Filing 28 AMENDED COMPLAINT against All Defendants., filed by Katrina Garcia Spillman, William Spillman. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Quintero, Penelope) |
| Summons Issued as to Verizon Wireless. (arp) |
|
Filing 27
ORDER by Sr. District Judge Robert C. Brack granting #26 Motion to Amend/Correct (yc)
|
| Filing 26 Unopposed MOTION to Amend/Correct Complaint by Katrina Garcia Spillman. (Attachments: #1 Exhibit Exhibit A) (Quintero, Penelope) |
| Filing 25 CERTIFICATE OF SERVICE by Metropolitan Life Insurance Company of MetLife's Production of the Administrative Record (Englert, Jack) |
|
Filing 24
ORDER by Magistrate Judge Laura Fashing. Settlement Conference set for 1/10/2020 at 09:00 AM in Albuquerque - 480 Chama Courtroom before Magistrate Judge Laura Fashing. Settlement statements due to chambers by 1/3/2020. (ccp)
|
|
Filing 23
ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN by Magistrate Judge Laura Fashing. (ccp)
|
|
Filing 22
BRIEF SCHEDULING ORDER by Magistrate Judge Laura Fashing. Opening Brief due 3/10/2020. Response due 4/7/2020. Reply due 5/7/2020. (ccp)
|
| Filing 21 Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Scheduling Conference held on 9/18/2019. (ccp) |
| Filing 20 Joint Status Report and Provisional Discovery Plan by Metropolitan Life Insurance Company (Englert, Jack) |
| Filing 19 REPLY to Response to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss Party filed by Verizon Wireless. (Bartow, Daryl) |
| Filing 18 APPENDIX/SUPPLEMENT re #1 Notice of Removal, by Metropolitan Life Insurance Company (Attachments: #1 Exhibit A) (West, Little) |
| Filing 17 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 15 and 16. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl) |
| United States Sr. District Judge Robert C. Brack assigned. United States Magistrate Judge Kirtan Khalsa no longer assigned to case. (ln) |
| Filing 14 RESPONSE in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss Party filed by Katrina Garcia Spillman, William Spillman. (Quintero, Penelope) |
|
Filing 13
INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing setting a telephonic Rule 16 Initial Scheduling Conference for 9/18/2019 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 9/11/2019. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 8/19/2019. (pv)
|
| Filing 12 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that they have until Monday, August 19, 2019 to enter their consent, and that the Clerk will reassign this matter to a district judge as the trial judge after that date unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kys)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss Party by Verizon Wireless. (Attachments: #1 Memorandum of Defendant Verizon Wireless in Support of Motion to Dismiss) (Bartow, Daryl) |
| Filing 10 Corporate Disclosure Statement by Verizon Wireless identifying Corporate Parent Verizon Communications Inc. for Verizon Wireless. (Bartow, Daryl) |
| Filing 9 ANSWER to Complaint (Notice of Removal) by Metropolitan Life Insurance Company. (Englert, Jack) |
| Filing 8 NOTICE by Verizon Wireless of Member Attorney's Certification in Support of Appearance Pro Hac Vice by Out of State Counsel - James P. Hollihan (Bartow, Daryl) |
| Filing 7 ASSOCIATION of Attorney Licensed Outside the District for Defendant Verizon Wireless by Daryl Stuart Bartow on behalf of: James P. Hollihan Duane Morris LLP 600 Grant St., Ste. 5010Pittsburgh, PA 15238 412-497-1040 Fax 412-202-4508 JPHollihan@duanemorris.com (Association Dues - Online Payment) (Bartow, Daryl)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 6 NOTICE of Appearance by Daryl Stuart Bartow on behalf of Verizon Wireless (Bartow, Daryl) |
| Association Dues Received: $ 100 receipt number 1084-6559590 re: # 7 Association of Attorney Licensed Outside the District, filed by Verizon Wireless (Payment made via Pay.gov)(Bartow, Daryl) |
| Filing 5 Corporate Disclosure Statement by Metropolitan Life Insurance Company identifying Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company. (West, Little) |
| Filing 4 NOTICE by Metropolitan Life Insurance Company re 3 Association of Attorney Licensed Outside the District,, Member Attorney's Certification in Support of Appearance Pro Hac Vice by Out of State Counsel--Jack M. Englert (West, Little) |
| Filing 3 ASSOCIATION of Attorney Licensed Outside the District for Defendant Metropolitan Life Insurance Company by Little West on behalf of: Jack M. Englert, Jr. Holland & Hart LLP 6380 S. Fiddler's Green Circle, Suite 500Greenwood Village, CO 80111 (303) 290-1087 Fax (303) 290-1606 jenglert@hollandhart.com (Association Dues - Online Payment) (West, Little)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Association Dues Received: $ 100 receipt number 1084-6556042 re: # 3 Association of Attorney Licensed Outside the District,, filed by Metropolitan Life Insurance Company (Payment made via Pay.gov)(West, Little) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 1 NOTICE OF REMOVAL by Metropolitan Life Insurance Company from Seventh Judicial District Court, County of Torrance, case number D-722-CV-2019-00107. ( Filing Fee - Online Payment), filed by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(West, Little) |
| United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Laura Fashing assigned. (jg) |
| Filing and Administrative Fees Received: $ 400 receipt number 1084-6552449 re #1 Notice of Removal, filed by Metropolitan Life Insurance Company (Payment made via Pay.gov)(West, Little) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New Mexico District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
