Lavianlivi v. Berkshire Life Insurance Company of America et. al.
| Dr. Sherlin Lavianlivi |
| The Guardian Life Insurance Company of America and Berkshire Life Insurance Company of America |
| 2:2021cv02784 |
| May 18, 2021 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Eric N Vitaliano |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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Filing 11
ORDER granting #10 Motion to Remand to State Court. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record for each of the respective parties, that the Notice of Removal in the above matter is deemed withdrawn without prejudice. Further, the undersigned counsel consent to remand of the action to the Supreme Court, Nassau County. So Ordered by Judge Eric N. Vitaliano on 6/24/2021. (Herrera, Isaiah)
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| Filing 10 Letter MOTION to Remand to State Court and so-order stipulation by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Kenigsberg, Jay) |
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ORDER: The parties' joint proposed briefing schedule at #9 is adopted. Defendant shall serve its opening papers by 7/14/2021. Plaintiff shall serve opposition papers by 7/28/2021. Defendant shall serve its reply papers by 8/4/2021. The fully-briefed motion shall be filed on ECF in accordance with Individual Rule III.D (the "Bundling Rule") by 8/4/2021. Ordered by Judge Eric N. Vitaliano on 6/16/2021. (Guo, Alicia)
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| Filing 9 Proposed Scheduling Order in connection with Guardian's Motion to Dismiss pursuant to Order dated June 1,2021 by The Guardian Life Insurance Company of America (Kenigsberg, Jay) |
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ORDER denying #7 Motion for Pre Motion Conference. Upon review of the parties' submissions at #7 and #8 , the Court concludes that a pre-motion conference is unnecessary. Defendant may proceed with its motion to dismiss. The parties are directed to file a joint proposed briefing schedule for defendant's anticipated motion to dismiss no later than June 15, 2021. Ordered by Judge Eric N. Vitaliano on 6/1/2021. (Guo, Alicia)
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| Filing 8 RESPONSE to Motion re #7 Letter MOTION for pre motion conference pursuant to Section III. A of Individual Practice Rules filed by Sherlin Lavianlivi. (Attachments: #1 May 21, 2021 letter from Berkshire and Guardian, #2 Dr. Chacko's reports) (Kerson, Paul) |
| Filing 7 Letter MOTION for pre motion conference pursuant to Section III. A of Individual Practice Rules by The Guardian Life Insurance Company of America. (Kenigsberg, Jay) |
| Filing 6 ANSWER to Complaint by Berkshire Life Insurance Company of America. (Kenigsberg, Jay) |
| Filing 5 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. (Flanagan, Doreen) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Steven I. Locke. 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. (Flanagan, Doreen) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Davis, Kimberly) Modified on 5/20/2021 (Flanagan, Doreen). (Additional attachment(s) added on 5/20/2021: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Filing 3 Corporate Disclosure Statement by The Guardian Life Insurance Company of America (Kenigsberg, Jay) |
| Filing 2 Corporate Disclosure Statement by Berkshire Life Insurance Company of America identifying Corporate Parent The Guardian Life Insurance Company of America for Berkshire Life Insurance Company of America. (Kenigsberg, Jay) |
| Filing 1 NOTICE OF REMOVAL by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America from Supreme Court of the State of New York, County of Nassau, Case Number 604231/2021. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. ( Filing fee $ 402 receipt number ANYEDC-14481243) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - NYS Dept. of Financial Services Acknowledgment for Berkshire, #3 Exhibit C - NYS Dept. of Financial Services Acknowledgment for Guardian, #4 Civil Cover Sheet) (Kenigsberg, Jay) Modified on 5/20/2021 (Flanagan, Doreen). |
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