Phillips v. Lucent Technologies, Inc. Pension Plan
| Mary Phillips |
| Lucent Technologies, Inc. Pension Plan |
| 1:2021cv00029 |
| January 8, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Brenda K Sannes |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1331 Fed. Question: Fair Labor Standards |
| None |
Docket Report
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Filing 16
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 3/29/2021. Deadline for completion of Mandatory Mediation is 7/1/2021. Signed by U.S. Magistrate Judge Andrew T. Baxter on 3/1/2021. (nmk)
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| Filing 15 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 4/16/2021. Discovery cutoff is 9/6/2021 (plaintiff's expert disclosures due by 6/8/2021; defendants' expert disclosures due by 7/23/2021; and any rebuttal disclosures are due by 8/9/2021). Substantive motions to be filed by 11/5/2021. Anticipated length of trial: 2 days. Preferred Trial Location: Albany. Signed by U.S. Magistrate Judge Andrew T. Baxter on 3/1/2021. (nmk) |
| TEXT Minute Entry for stenographically-recorded telephonic Rule 16 Conference held on 3/1/2021 before U.S. Magistrate Judge Andrew T. Baxter: The court provides guidance on the scope of discovery related to the denial of benefit claims. The court explained the Mandatory Mediation Program to counsel. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge Sannes. A follow-up telephonic conference is set for 6/24/2021 at 11:00 AM. Appearances: Lucas Mihuta, Esq. for plaintiff; Thomas Horan, Esq. for defendant. (Court Reporter: Jodi Hibbard. Time: 10:00 AM - 10:13 AM) (nmk) |
| TEXT NOTICE of Hearing: A telephonic Status Conference is set for 6/24/2021 at 11:00 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (nmk) |
| Filing 14 AMENDED CIVIL CASE MANAGEMENT PLAN by Mary Phillips. (Mihuta, Lucas) Modified on 2/22/2021 (mgh). |
| Filing 13 CIVIL CASE MANAGEMENT PLAN by Mary Phillips. (Mihuta, Lucas) |
| Filing 12 ANSWER to Complaint by Lucent Technologies, Inc. Pension Plan.(Wolfe, Owen) |
| Filing 11 NOTICE of Appearance by Samuel M Schwartz-Fenwick on behalf of Lucent Technologies, Inc. Pension Plan (Schwartz-Fenwick, Samuel) |
| Filing 10 NOTICE of Appearance by Thomas M. Horan on behalf of Lucent Technologies, Inc. Pension Plan (Horan, Thomas) |
| Filing 9 TEXT ORDER: granting #7 Letter Motion for Extension of Time to Answer. The time for Lucent Technologies, Inc. Pension Plan to answer or otherwise respond to the complaint is extended to 2/5/2021. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk) |
| Filing 8 TEXT ORDER: granting #5 and #6 Motions for Limited Admission Pro Hac Vice. Attorneys Samuel Schwartz-Fenwick and Thomas Horan are hereby admitted to practice in this action on behalf of Lucent Technologies, Inc. Pension Plan. Counsel are hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel are reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/13/2021. (nmk) |
| Filing 7 MOTION for Extension of Time to File Answer re #2 State Court Complaint Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Complaint Response to Motion due by 2/2/2021 filed by Lucent Technologies, Inc. Pension Plan. Motions referred to Andrew T. Baxter. (Wolfe, Owen) |
| Filing 6 MOTION for Limited Admission Pro Hac Vice of Thomas Horan Filing fee $100, receipt number ANYNDC-5380019. filed by Lucent Technologies, Inc. Pension Plan. (Attachments: #1 Petition, #2 Declaration of Sponsor, #3 E-Filing Registration Form, #4 Certificate of Good Standing) Motions referred to Andrew T. Baxter. (Wolfe, Owen) |
| Filing 5 MOTION for Limited Admission Pro Hac Vice of Samuel Schwartz-Fenwick Filing fee $100, receipt number ANYNDC-5379893. filed by Lucent Technologies, Inc. Pension Plan. (Attachments: #1 Petition, #2 Declaration of Sponsor, #3 E-Filing Registration Form, #4 Certificate of Good Standing) Motions referred to Andrew T. Baxter. (Wolfe, Owen) |
| Filing 4 NOTICE of Admission Requirement ; Attorney Sam Schwartz-Fenwick, Email address is sschwartz-fenwick@seyfarth.com. Attorney Thomas Horan, Email address is thoran@seyfarth.com. Phone number is 312-460-5000. Admissions due by 1/25/2021. {Both attorneys served via e-mail}(pjh, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 3/1/2021 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/22/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) |
| ***Answer due date updated for Lucent Technologies, Inc. Pension Plan answer due 1/15/2021. (pjh, ) |
| Filing 2 STATE COURT COMPLAINT filed by Mary Phillips in Schoharie County Supreme Court. (pjh, ) |
| Filing 1 NOTICE OF REMOVAL from Schoharie County Court, case number 2020-446 (Filing fee $402 receipt number ANYNDC-5375359) filed by Lucent Technologies, Inc. Pension Plan. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Notice of Filing of Notice of Removal, #3 Civil Cover Sheet, #4 Certificate of Service)(pjh, ) |
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| Plaintiff: Mary Phillips | |
| Represented By: | Lucas G. Mihuta |
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| Defendant: Lucent Technologies, Inc. Pension Plan | |
| Represented By: | Owen Richard Wolfe |
| Represented By: | Samuel M Schwartz-Fenwick |
| Represented By: | Thomas M. Horan |
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