Sarno v. Sun Life and Health Insurance Company (U.S.) et al
| Cathleen Sarno |
| Sun Life and Health Insurance Company (U.S.), Nikon Inc. and Nikon Inc. Employee Benefit Plan |
| Holly Weiss |
| 2:2022cv00968 |
| February 22, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Lee G Dunst |
| Steven Tiscione |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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ORDER: The Status Conference previously scheduled by the undersigned for 9/26/2023 is CANCELLED. Ordered by Magistrate Judge Lee G. Dunst on 8/31/2023. (CT)
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| REPORT of Mediation Unsettled Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 6/8/2023. (TP) |
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SCHEDULING ORDER: The Status Conference previously scheduled for 6/26/2023 is ADJOURNED to 9/26/2023 at 10:15AM in light of the pending motion to dismiss (DE #45 ). The 9/26/2023 conference will take place via the AT&T Teleconference Center; parties should dial 877-402-9753 and enter access code 2785175# at the prompt. The pre-existing discovery stay is extended until the Court rules on the Nikon Defendants' motion to dismiss. Ordered by Magistrate Judge Lee G. Dunst on 5/25/2023. (CT)
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ORDER granting #46 Motion to Substitute Attorney. Attorney John William Fogarty is terminated. Ordered by Magistrate Judge Lee G. Dunst on 4/28/2023. (CT)
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| Filing 46 MOTION to Substitute Attorney by Sun Life and Health Insurance Company (U.S.). (Fogarty, John) |
| Filing 45 Fully Briefed MOTION to Dismiss for Failure to State a Claim and Lack of Subject-Matter Jurisdiction by Nikon Inc., Nikon Inc. Employee Benefit Plan. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Summary Plan Description, #3 Exhibit B - Policy, #4 Plaintiffs Memorandum of Law in Opposition to Nikon Defendants' Motion to Dismiss, #5 Reply Memorandum in Support) (Costin, Emily) |
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SCHEDULING ORDER: DE #44 is GRANTED. All further discovery is stayed until the Court rules on the Nikon Defendants' motion to dismiss, at which point discovery shall resume without further Order from the Court. Additionally, the 3/23/2023 Conference is ADJOURNED to 6/26/2023 and will take place via the AT&T Teleconference Center; parties should dial 877-402-9753 and enter access code 2785175# at the prompt. The parties shall submit a proposed discovery plan/scheduling order before the 6/26/2023 conference only if the motion to dismiss has been ruled on by the Court. Ordered by Magistrate Judge Lee G. Dunst on 3/7/2023. (CT)
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| Filing 44 STATUS REPORT re Discovery and March 23, 2023 Conference by Cathleen Sarno (Bartholomew, George) |
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STATUS REPORT ORDER: The parties shall submit a joint status report by 3/6/2023 addressing whether the undersigned should stay discovery and/or cancel the 3/23/2023 conference in light of the briefing on Defendants' motion to dismiss as per DE #43 . Ordered by Magistrate Judge Lee G. Dunst on 2/28/2023. (CT)
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| Filing 43 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PRE-MOTION CONFERENCE (TEL). Counsel For Plaintiff: Will Bartholomew. Counsel For Defendants: Emily Costin, Scott Pomeroy, Michele Jackson, Eugene Derrick. Pre Motion Conference held on 1/19/2023 at 2:00 PM. Briefing schedule set.Moving papers served by: 3/3/2023; Response: 3/31/2023; Reply: 4/14/2023; Moving party is responsible for filing the fully briefed motion on ECF and providing courtesy copies to Chambers. (GO) |
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ORDER granting #42 Motion to Appear by Telephone/Video. The pre-motion conference scheduled for 1/19/2023 at 2:00 PM will be held by telephone. Counsel shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 1/12/2023. (LP)
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| Filing 42 Letter MOTION to Appear by Telephone/Video by Sun Life and Health Insurance Company (U.S.). (Pomeroy, Scott) |
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ORDER granting #39 Motion for Pre Motion Conference. A Pre Motion conference is set for 1/19/2023 at 2:00 PM before Judge Joan M. Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 1/5/2023. (LP)
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SCHEDULING ORDER: The Court will hold an Initial Conference on 3/23/2023 at 11:00 AM in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 1/5/2023. (CT)
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| Filing 41 ANSWER to #37 Amended Complaint by Sun Life and Health Insurance Company (U.S.). (Fogarty, John) |
| Filing 40 RESPONSE to Motion re #39 MOTION for pre motion conference filed by Cathleen Sarno. (Bartholomew, George) |
| Filing 39 Letter requesting pre-motion conference by Nikon Inc., Nikon Inc. Employee Benefit Plan (Costin, Emily) Modified on 12/27/2022- modified event type from Letter to Motion for Pre Motion Conference. (GO). |
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ORDER granting #38 Motion to Withdraw as Attorney. Attorney Courtney Elizabeth Walter terminated. SO Ordered by Magistrate Judge Lee G. Dunst on 12/22/2022. (CT)
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| Filing 38 Letter MOTION to Withdraw as Attorney by Nikon Inc., Nikon Inc. Employee Benefit Plan. (Walter, Courtney) |
| Filing 37 AMENDED COMPLAINT of Cathleen Sarno against Nikon Inc., Nikon Inc. Employee Benefit Plan, Sun Life and Health Insurance Company (U.S.), filed by Cathleen Sarno. (Bartholomew, George) |
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Filing 36
ORDER granting #34 Motion to Amend/Correct/Supplement. DEs #34 and #35 are GRANTED IN PART. Plaintiff, Cathleen Sarno, is granted leave to amend to file her Second Amended Complaint, a copy of which is attached as Exhibit A to the Parties' Stipulation, filed on December 2, 2022 (at DE #34 ). Plaintiff shall file the Second Amended Complaint on the docket. Defendants' responses shall be due thirty (30) days after the Second Amended Complaint is filed. SO Ordered by Magistrate Judge Lee G. Dunst on 12/5/2022. (CT)
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| Filing 35 Letter Enclosing Proposed Order re Filing of Second Amended Complaint by Cathleen Sarno (Bartholomew, George) |
| Filing 34 STIPULATION/MOTION For Leave to File Second Amended Complaint by Cathleen Sarno (Bartholomew, George) Modified on 12/5/2022 to change event type to Motion (LC). |
| Filing 33 SELECTION OF MEDIATOR Holly Weiss selected as Mediator. The first mediation session will take place remotely on September 25, 2022 at 10:00am. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms.The Mediation Report must be submitted within two weeks following mediation session. (Bartholomew, George) Modified on 8/4/2022 (Weinstein, Robyn). |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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ORDER REFERRING CASE to Mediation. Mediation shall be completed by 10/31/2022Selection of Mediator due by 7/28/2022. Ordered by Judge Joan M. Azrack on 7/14/2022. (Posillico, Lauren)
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| Filing 32 Letter re: Mediation by Cathleen Sarno (Bartholomew, George) |
| Filing 31 NOTICE of Change of Firm, Address and Phone Number Once the filing has been made, you must login to www.pacer.gov and update your account. (Decker, Byrne) |
| Filing 30 MINUTE ENTRY for proceedings held before Judge Joan M. Azrack: Civil Cause for PRE-MOTION CONFERENCE held on 6/29/2022. Counsel for Plaintiff: William Bartholomew. Counsel for Sun Life Defendants: Scott Pomeroy Nikon Defendants: Courtney Walter. Case called. Counsel present for all sides. Other: Parties are to file a letter regarding Mediation by July 13, 2022. All deadlines are stayed pending the outcome of Mediation. (Coleman, Laurie) |
| Filing 29 NOTICE of Appearance by Scott Pomeroy on behalf of Sun Life and Health Insurance Company (U.S.) (aty to be noticed) (Pomeroy, Scott) |
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ORDER granting #28 Motion for Leave to Appear Pro Hac Vice. 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 s/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 Magistrate Judge Lee G. Dunst on 6/28/2022. (Tirado, Chelsea)
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| Filing 28 MOTION to Appear Pro Hac Vice Byrne J. Decker Filing fee $ 150, receipt number ANYEDC-15677302. by Sun Life and Health Insurance Company (U.S.). (Attachments: #1 Affidavit In support of Motion to Admit Counsel PHV, #2 Proposed Order On Motion for Admission Pro Hac Vice) (Decker, Byrne) |
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ORDER terminating #17 Motion for Pre Motion Conference; granting #24 Motion for Pre Motion Conference. A telephone Pre Motion Hearing is set for 6/29/2022 at 4:00 PM before Judge Joan M. Azrack. Counsel shall dial 1-877-873-8017 and enter access code 4785432 at the prompt. Ordered by Judge Joan M. Azrack on 6/15/2022. (Posillico, Lauren)
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| Case Reassigned to Magistrate Judge Lee G. Dunst. Magistrate Judge Steven Tiscione no longer assigned to the case. 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. (Ortiz, Grisel) |
| Filing 27 RESPONSE to Motion re #24 Letter MOTION for pre motion conference re #22 Amended Complaint regarding a Motion to Dismiss filed by Cathleen Sarno. (Bartholomew, George) |
| Filing 26 MOTION to Appear Pro Hac Vice of Scott K. Pomeroy Filing fee $ 150, receipt number ANYEDC-15622102. by Sun Life and Health Insurance Company (U.S.). (Attachments: #1 Affidavit of Movant Scott K. Pomeroy, #2 Exhibit Certificates of Good Standing, #3 Proposed Order Granting Pomeroy Pro Hac Vice Motion) (Fogarty, John) |
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ORDER granting #26 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #26 submitted by Scott K. Pomeroy for Defendant Sun Life and Health Insurance Company (U.S.) and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 6/2/2022. (Vasquez, Lea)
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| Filing 25 ANSWER to #22 Amended Complaint by Sun Life and Health Insurance Company (U.S.). (Fogarty, John) |
| Filing 24 Letter MOTION for pre motion conference re #22 Amended Complaint regarding a Motion to Dismiss by Nikon Inc., Nikon Inc. Employee Benefit Plan. (Costin, Emily) |
| Filing 23 RESPONSE to Motion re #17 Letter MOTION for pre motion conference re #1 Complaint regarding a motion to dismiss filed by Cathleen Sarno. (Bartholomew, George) |
| Filing 22 AMENDED COMPLAINT against Nikon Inc., Nikon Inc. Employee Benefit Plan, Sun Life and Health Insurance Company (U.S.), filed by Cathleen Sarno. (Bartholomew, George) |
| Filing 21 NOTICE of Appearance by Courtney Elizabeth Walter on behalf of Nikon Inc., Nikon Inc. Employee Benefit Plan (notification declined or already on case) (Walter, Courtney) |
| Filing 20 NOTICE of Appearance by Emily S Costin on behalf of Nikon Inc., Nikon Inc. Employee Benefit Plan (notification declined or already on case) (Costin, Emily) |
| Filing 19 MOTION to Appear Pro Hac Vice for Courtney E. Walter Filing fee $ 150, receipt number ANYEDC-15554891. by Nikon Inc., Nikon Inc. Employee Benefit Plan. (Attachments: #1 Affidavit of Courtney E. Walter, #2 Certificates of Good Standing, #3 Proposed Order) (Walter, Courtney) |
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ORDER granting #19 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #19 submitted by Courtney E. Walter for Defendants Nikon Inc. and Nikon Inc., Employee Benefit Plan and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure they receive electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 5/11/2022. (Vasquez, Lea)
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| Filing 18 MOTION to Appear Pro Hac Vice for Emily Costin Filing fee $ 150, receipt number ANYEDC-15553091. by Nikon Inc., Nikon Inc. Employee Benefit Plan. (Attachments: #1 Affidavit of Emily Costin, #2 Certificates of Good Standing, #3 Proposed Order) (Costin, Emily) |
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ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #18 submitted by Emily Costin for Defendants Nikon Inc. and Nikon Inc. Employee Benefit Plan and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So rdered by Magistrate Judge Steven Tiscione on 5/10/2022. (Vasquez, Lea)
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| Filing 17 Letter MOTION for pre motion conference re #1 Complaint regarding a motion to dismiss by Nikon Inc., Nikon Inc. Employee Benefit Plan. (Penaro, Steven) |
| Filing 16 Corporate Disclosure Statement by Nikon Inc. identifying Corporate Parent Nikon Corporation, Corporate Parent Nikon Americas Inc. for Nikon Inc.. (Penaro, Steven) |
| Filing 15 NOTICE of Appearance by Steven Lawrence Penaro on behalf of Nikon Inc., Nikon Inc. Employee Benefit Plan (aty to be noticed) (Penaro, Steven) |
| Filing 14 Corporate Disclosure Statement by Sun Life and Health Insurance Company (U.S.) identifying Corporate Parent Sun Life Financial, Inc. for Sun Life and Health Insurance Company (U.S.). (Fogarty, John) |
| Filing 13 ANSWER to #1 Complaint by Sun Life and Health Insurance Company (U.S.). (Fogarty, John) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Cathleen Sarno. Nikon Inc. Employee Benefit Plan waiver sent on 3/10/2022, answer due 5/9/2022. (Bartholomew, George) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Cathleen Sarno. Nikon Inc. waiver sent on 3/10/2022, answer due 5/9/2022. (Bartholomew, George) |
| Filing 10 Request for Refund of Fees Paid Electronically approved by Lisa Florio, Operations Manager, on 3/11/2022. (Florio, Lisa) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Cathleen Sarno. Sun Life and Health Insurance Company (U.S.) waiver sent on 3/4/2022, answer due 5/3/2022. (Bartholomew, George) |
| Filing 8 Summons Issued as to All Defendants. (Jakubowski, Laura) |
| Filing 7 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. (Jakubowski, Laura) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Filing 5 MOTION for Refund of Fees Paid Electronically by Cathleen Sarno. (Attachments: #1 Exhibit Receipt 1, #2 Exhibit Receipt 2) (Bartholomew, George) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Steven Tiscione. 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. (Jakubowski, Laura) |
| Filing 3 Civil Cover Sheet.. by Cathleen Sarno (Bartholomew, George) |
| Filing 2 Proposed Summons. by Cathleen Sarno (Bartholomew, George) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15312603 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Cathleen Sarno. (Bartholomew, George) |
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