Sprague v. MetLife, Inc. et al
| Faith M. Sprague |
| MetLife, Inc., Metropolitan Life Insurance Company, Lowe's Companies, Inc. and Lowe's Home Centers, LLC |
| 1:2021cv01239 |
| November 16, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 20 AMENDED COMPLAINT against Metropolitan Life Insurance Company filed by Faith M. Sprague.(DeGasperis, John) |
Filing 19
STIPULATION AND ORDER granting permission for the plaintiff to file an amended complaint by 1/14/2022. Signed by Senior Judge Lawrence E. Kahn on January 10, 2022. (sas)
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| Filing 18 STIPULATION to file Amended Complaint by Faith M. Sprague submitted to Judge Andrew Baxter. (DeGasperis, John) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Metlife, Inc., Metropolitan Life Insurance Company, Lowe's Home Centers, LLC, and Lowe's Companies, Inc. on 10/21/2021, 10/26/2021, and 11/23/2021, filed by Faith M. Sprague. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(DeGasperis, John) |
| Filing 16 TEXT ORDER: The Rule 16 conference set for 12/28/2021 and 12/21/2021 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #15 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/15/2021. (kmc) |
| Filing 15 MOTION to Dismiss Plaintiff's Complaint in its entirety filed by Lowe's Companies, Inc., Lowe's Home Centers, LLC. Motion returnable before Judge Andrew T. Baxter Response to Motion due by 1/4/2022. Reply to Response to Motion due by 1/11/2022 (Attachments: #1 Memorandum of Law In Support of Motion to Dismiss Plaintiff's Complaint, #2 Exhibit(s) 1 to Memorandum of Law) (Wexler, Howard) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Metropolitan Life Insurance Company, MetLife, Inc.. Metropolitan Life Insurance Company waiver sent on 12/8/2021, answer due 2/7/2022; MetLife, Inc. waiver sent on 12/8/2021, answer due 2/7/2022. (Bennici, Gregory) |
| Filing 13 NOTICE of Appearance by Rebecca K. Bryant on behalf of Lowe's Companies, Inc., Lowe's Home Centers, LLC (Bryant, Rebecca) |
| Filing 12 TEXT ORDER: Granting #11 Motion for Limited Admission Pro Hac Vice for attorney Rebecca Bryant. Counsel is 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. Attorney Bryant is hereby admitted to practice in this action on behalf of defendants. Counsel is 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 12/9/2021. (kmc) |
| Filing 11 MOTION for Limited Admission Pro Hac Vice of Rebecca K. Bryant Filing fee $100, receipt number ANYNDC-5737606. Motions referred to Andrew T. Baxter. (Wexler, Howard) |
| Filing 10 NOTICE of Appearance by Gregory James Bennici on behalf of MetLife, Inc., Metropolitan Life Insurance Company (Bennici, Gregory) |
| Filing 9 NOTICE of Appearance by Michael H. Bernstein on behalf of MetLife, Inc., Metropolitan Life Insurance Company (Bernstein, Michael) |
| Filing 8 RESPONSE TO LETTER BRIEF filed by Faith M. Sprague as to #1 Notice of Removal, filed by Lowe's Home Centers, LLC, Lowe's Companies, Inc. Attorney Affirmation, No Position. (DeGasperis, John) |
| Filing 7 DEMAND for Trial by Jury by Faith M. Sprague. (DeGasperis, John) |
| Filing 6 TEXT ORDER: Granting #5 Letter Motion for an extension of time to answer or otherwise respond to the complaint. Answer due date updated for Lowe's Companies, Inc. answer due 12/14/2021; Lowe's Home Centers, LLC answer due 12/14/2021. A Joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/21/2021 (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The telephonic Rule 16 conference is reset for 12/28/2021 at 10:30 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. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/22/2021. (kmc) |
| Filing 5 Letter Motion from Howard M. Wexler for Lowe's Companies, Inc., Lowe's Home Centers, LLC requesting a 21-day extension of time from 11-23-21 to 12-14-21 for Defendants Lowe's Companies and Lowe's Home Centers to respond to Plaintiff's Complaint submitted to Judge Baxter . (Wexler, Howard) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Lowe's Companies Inc. and Lowe's Home Centers LLC; Attorney Rebecca Bryant, Email address is rbryant@seyfarth.com. Phone number is (312) 460-5000. Admissions due by 12/1/2021. (egr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/17/2021 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/10/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (egr) |
| ***Answer due date set for Lowe's Companies, Inc. answer due 11/24/2021; Lowe's Home Centers, LLC answer due 11/24/2021; MetLife, Inc. answer due 11/24/2021; Metropolitan Life Insurance Company answer due 11/24/2021. (egr) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Supreme Court, State of New York: Ulster County. (egr) |
| Filing 1 NOTICE OF REMOVAL from State of New York, Supreme Court: Ulster County, case number EF2021-2807 (Filing fee $402 receipt number ANYNDC-5716197) filed by Lowe's Home Centers, LLC, Lowe's Companies, Inc. (Attachments: #1 Exhibit A State Court Complaint, #2 Exhibit B Lowe's Welfare Plan 2020, #3 Exhibit C Lowe's Welfare Plan 2020, #4 Exhibit D Notice of Filing of Notice of Removal, #5 Civil Cover Sheet)(egr) |
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