Brucato v. Lincoln Financial Group
| Frank Brucato |
| Lincoln Financial Group and Lincoln Life Assurance Company of Boston |
| 1:2021cv01501 |
| March 22, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on May 12, 2021. A more recent docket listing may be available from PACER.
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ORDER granting #11 Scott Pomeroy's Motion for Leave to Appear Pro Hac Vice as counsel for defendant. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 5/12/2021. (Weisberg, Peggy)
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| Filing 11 MOTION to Appear Pro Hac Vice for Scott K. Pomeroy Filing fee $ 150, receipt number ANYEDC-14455712. by Lincoln Life Assurance Company of Boston. (Attachments: #1 Affidavit Declaration of Scott K. Pomeroy, #2 Exhibit Certificate of Good Standing - Florida, #3 Exhibit Certificate of Good Standing - Georgia, #4 Exhibit Certificate of Good Standing - Massachusetts, #5 Exhibit Certificate of Good Standing - Rhode Island, #6 Proposed Order [proposed] Order) (Citron, Evan) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 05/05/2021. Both sides present by telephone. The briefing schedule is as follows: defendant to file record by 05/28/2021; plaintiff to file motion for judgment on the pleadings by 07/30/2021; defendant to cross-move for judgment on the pleadings by 08/30/2021; if plaintiff intends to file a reply, he should inform the Court by 09/06/2021 and the reply is due by 09/19/2021. The administrative record and motions in this case may be filed under seal. The documents contain private health information about plaintiff and his interest in privacy outweighs the publics interest in disclosure. (Weisberg, Peggy) |
| Filing 10 NOTICE of Appearance by Evan Benjamin Citron on behalf of Lincoln Life Assurance Company of Boston (aty to be noticed) (Citron, Evan) |
| Filing 9 Letter re: pursuant to Your Honor's Order dated March 23, 2021 (Docket No. 6), the parties respectfully and jointly submit this letter in advance of the telephonic Initial Status Conference currently scheduled for May 5, 2021 by Lincoln Life Assurance Company of Boston (Citron, Evan) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Frank Brucato. Lincoln Life Assurance Company of Boston waiver sent on 4/20/2021, answer due 6/21/2021. (Skovronsky, Harold) |
| Filing 7 AMENDED COMPLAINT against Lincoln Financial Group, filed by Frank Brucato. (Skovronsky, Harold) |
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Filing 6
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 5/5/2021 at 12:00 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 1501#. The parties are directed to comply with the attached mandatory requirements, including filing on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 3/23/2021. (Weisberg, Peggy)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to Lincoln Financial Group. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. by Frank Brucato (Skovronsky, Harold) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Lincoln Financial Group filing fee $ 402, receipt number ANYEDC-14299302 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Frank Brucato. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Skovronsky, Harold) |
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