Gassiott v. The Prudential Insurance Company of America et al
| William Gassiott |
| The Prudential Insurance Company of America and AICPA Life Insurance/Disability Plans Committee |
| 1:2008cv07358 |
| August 20, 2008 |
| US District Court for the Southern District of New York |
| Insurance Office |
| XX Out of State |
| Gabriel W Gorenstein |
| John F Keenan |
| Insurance |
| 28 U.S.C. § 1332 bc |
| None |
Docket Report
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***NOTE TO ATTORNEY - VOLUNTARY DISMISSAL FILED IN CLOSED CASE. Note to Attorney Jodie Ousley Document #27 Stipulation of Voluntary Dismissal, was filed in a closed case. (dt)
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Filing 27
FILING ERROR - DOCUMENT FILED IN CLOSED CASE - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) The Prudential Insurance Company of America and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Prudential Insurance Company of America.(Ousley, Jodie) Modified on 11/2/2010 (dt).
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Filing 26
MANDATE of USCA (Certified Copy) as to #25 Notice of Appeal filed by William Gassiott USCA Case Number 09-4567....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/14/2010. (nd)
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Transmission of USCA Mandate/Order to the District Judge re: #26 USCA Mandate,. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #19 Declaration in Support of Motion filed by The Prudential Insurance Company of America, #6 Answer to Complaint filed by The Prudential Insurance Company of America, AICPA Life Insurance/Disability Plans Committee, #22 Endorsed Letter, #21 Memorandum of Law in Opposition to Motion filed by William Gassiott, #14 MOTION for Judgment on the Pleadings Memorandum of Law In Support. filed by The Prudential Insurance Company of America, #24 Clerk's Judgment, #5 Rule 7.1 Corporate Disclosure Statement filed by The Prudential Insurance Company of America, #23 Memorandum & Opinion, #20 Reply Memorandum of Law in Support of Motion filed by The Prudential Insurance Company of America, #2 Waiver of Service Executed filed by William Gassiott, #3 Stipulation and Order, Set Deadlines/Hearings,, #12 Scheduling Order, #17 MOTION for Judgment on the Pleadings Notice. filed by The Prudential Insurance Company of America, #13 Endorsed Letter, Set Deadlines/Hearings,,,, #11 Endorsed Letter, Set Hearings,, #25 Notice of Appeal filed by William Gassiott, #8 Order, Set Deadlines/Hearings,, #18 Memorandum of Law in Support of Motion, filed by The Prudential Insurance Company of America, #16 Declaration in Support of Motion, filed by The Prudential Insurance Company of America, #4 Order, Set Hearings, #15 Reply Memorandum of Law in Support of Motion, filed by The Prudential Insurance Company of America, #1 Complaint filed by William Gassiott, #7 Endorsed Letter, Set Deadlines/Hearings, #9 Order Referring Case to Magistrate Judge, #10 Order, USCA Case Number 09-4567-cv, were transmitted to the U.S. Court of Appeals. (tp)
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USCA Case Number 09-4567-cv from the US Court of Appeals, Second Circuit assigned to #25 Notice of Appeal filed by William Gassiott. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #25 Notice of Appeal. (nd)
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Transmission of Notice of Appeal to the District Judge re: #25 Notice of Appeal. (nd)
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Filing 25
NOTICE OF APPEAL from #24 Clerk's Judgment, #23 Memorandum & Opinion,. Document filed by William Gassiott. Filing fee $ 455.00, receipt number E 704962. (nd)
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Filing 24
CLERK'S JUDGMENT That for the reasons set forth in the Court's Opinion and Order dated October 6, 2009, defendants' motion for judgment on the pleadings is granted, and this action is dismissed. (Signed by J. Michael McMahon, clerk on 10/8/09) (Attachments: #1 notice of right to appeal)(ml)
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Filing 23
OPINION AND ORDER re: #17 MOTION for Judgment on the Pleadings Notice filed by The Prudential Insurance Company of America. For the reasons stated above, this Court concludes that Plaintiff's breach of contract action is barred by the applicable three year statute of limitations. Accordingly, Defendants' motion for judgment on the pleadings is granted, and this action is dismissed. (Signed by Judge John F. Keenan on 10/6/09) (tro)
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Transmission to Judgments and Orders Clerk. Transmitted re: #23 Memorandum & Opinion, to the Judgments and Orders Clerk. (tro)
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Filing 22
ENDORSED LETTER addressed to Judge John F. Keenan from Colleen Martin dated 7/10/2009 re: Counsel respectfully request that the July 13, 2009 be adjourned pending the Court's decision in the motion. ENDORSEMENT: The application is granted. The conference is adjourned pending decision of the motion for judgment on the pleadings. So Ordered. (Signed by Judge John F. Keenan on 7/10/2009) (jfe)
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Filing 21
MEMORANDUM OF LAW in Opposition re: #17 MOTION for Judgment on the Pleadings Notice.. Document filed by William Gassiott. (Attachments: #1 Exhibit A)(Frankel, Justin)
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Filing 20
REPLY MEMORANDUM OF LAW in Support re: #17 MOTION for Judgment on the Pleadings Notice.. Document filed by The Prudential Insurance Company of America. (Attachments: #1 Appendix Certificate of Service)(d'Arcambal, Michelle)
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Filing 19
DECLARATION of Colleen Martin in Support re: #17 MOTION for Judgment on the Pleadings Notice.. Document filed by The Prudential Insurance Company of America. (d'Arcambal, Michelle)
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Filing 18
MEMORANDUM OF LAW in Support re: #17 MOTION for Judgment on the Pleadings Notice.. Document filed by The Prudential Insurance Company of America. (Attachments: #1 Appendix Certificate of Service- Memorandum of Law)(d'Arcambal, Michelle)
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Filing 17
MOTION for Judgment on the Pleadings Notice. Document filed by The Prudential Insurance Company of America. Responses due by 7/3/2009 Return Date set for 7/3/2009 at 09:30 AM.(d'Arcambal, Michelle)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michelle d'Arcambal to RE-FILE Document #16 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a filing error. (jar)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michelle d'Arcambal to RE-FILE Document #15 Reply Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. (jar)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michelle d'Arcambal to RE-FILE Document #14 MOTION for Judgment on the Pleadings Memorandum of Law In Support. Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. NOTE: File the Notice of Motion using the event type Judgment on the Pleadings found under event list Motions. (jar)
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Colleen Martin in Support re: #14 MOTION for Judgment on the Pleadings Memorandum of Law In Support.. Document filed by The Prudential Insurance Company of America. (d'Arcambal, Michelle) Modified on 7/7/2009 (jar).
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Filing 15
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #14 MOTION for Judgment on the Pleadings Memorandum of Law In Support.. Document filed by The Prudential Insurance Company of America. (Attachments: #1 Supplement Certificate of Service- Reply Memo of Law)(d'Arcambal, Michelle) Modified on 7/7/2009 (jar).
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Filing 14
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION for Judgment on the Pleadings Memorandum of Law In Support. Document filed by The Prudential Insurance Company of America. Responses due by 7/3/2009 Return Date set for 7/3/2009 at 09:30 AM. (Attachments: #1 Supplement Certificate of Service- Memo of Law, #2 Supplement Notice of Motion, #3 Supplement Certificate of Service- Notice of Motion)(d'Arcambal, Michelle) Modified on 7/7/2009 (jar).
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Filing 13
ENDORSED LETTER addressed to Judge John F. Keenan from Colleen Martin dated June 15, 2009, re: Pursuant to Your Honor's Individual Practice Rules, we respectfully write to request a one week extension of time within which Prudential may serve a Reply Brief to its Motion for Judgment on the Pleadings. Currently, Prudential's reply is due on June 26, 2009. Prudential seeks an extension of one week to sen7e its reply on July 3, 2009. ENDORSEMENT: The application is granted. The time to reply is extended until July 3, 2009. SO ORDERED. (Signed by Judge John F. Keenan on 6/16/2009) (rw)
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Filing 12
REVISED SCHEDULING ORDER: Motion to be filed and served on or before May 15, 2009; Opposition to be filed and served on or before June 12, 2009; Reply to be filed and served on or before June 26, 2009. (Signed by Judge John F. Keenan on 5/4/09) (mme)
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Filing 11
ENDORSED LETTER addressed to Judge John F. Keenan from Michelle J. d'Arcambal dated 3/20/09 re: Prudential respectfully requests a pre-motion conference to be scheduled for a date after April 1, 2009. ENDORSEMENT: A conference is set for April 17, 2009, at 11:15 a.m. in courtroom 20-C. SO ORDERED. (Pre-Motion Conference set for 4/17/2009 at 11:15 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 4/1/09) (db)
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Filing 10
ORDER: 1. The above-referenced action has been referred to this Court for general pre-trial purposes, which includes all pre-trial applications (including those relating to discovery), except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification. See 28 U.S.C. 636(b)( I )(A). 2. All discovery (including requests for admission and any applications to the Court with respect to the conduct of discovery) must be initiated in time to be concluded by the deadline for all discovery. 3. Discovery motions -- that is, any application pursuant to Rules 26 through 37 or 45 -not only must comply with paragraph 2.A. of the Court's Individual Practices but also must be made promptly after the cause for such a motion arises. In addition, absent extraordinary circumstances no such application will be considered if made later than 30 days prior to the close of discovery. Untimely applications will be denied. 4. Any application for an extension of the time limitations with respect to any deadlines in this matter must be made as soon as the cause for the extension becomes known to the party making the application. The application also must state the position of all other parties on the proposed extension and must show good cause therefor not foreseeable as of the date of this Order. "Good cause" as used in this paragraph does not include circumstances within the control of counselor the party. Any application not in compliance with this paragraph will be denied. Failure to comply with the terms of this Order may also result in sanctions. 5. The parties are required to make affirmative attempts to settle this matter through discussions among counsel. If the parties are unable to settle the case by such means, they are required to use mediation to assist them in achieving settlement. Such mediation may be conducted by an outside mediator paid for by the parties, a trained mediator participating in the Southern District of New York's mediation program, or the undersigned. Within 10 days of the date of this Order, the parties are directed to contact each other in an attempt to reach agreement as to (a) which form of mediation will be employed and (b) approximately when the mediation should take place. Plaintiff shall write a letter to the undersigned within 30 days of the date of this Order to report on the outcome of these discussions. If opposing counsel believes the letter does not accurately reflect those discussions, counsel may promptly submit a letter in response. 6. If a recipient of this Order is aware of any attorneys or parties who should receive notice of Court action in this case other than any attorneys or parties currently listed on the ECF system (or listed below, if applicable), please notify Deputy Clerk Sylvia Gonzalez at (212) 805-4260 immediately. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/19/08) (tro)
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Filing 9
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge John F. Keenan on 12/16/08) (mme)
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Filing 8
ORDER Any additional joinder of parties by March 27, 2009; Any amendment of the pleadings by March 27, 2009; Discovery to be complete by June 30, 2009; Next conference will be held on July 13, 2009 10 AM; Discovery supervision will be referred to Magistrate Judge Gorenstein. (Signed by Judge John F. Keenan on 12/16/08) (mme) Modified on 1/17/2009 (mme).
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Filing 7
ENDORSED LETTER: addressed to Judge John F. Keenan from Michelle J. d'Arcambal dated 11/25/08 re: Counsel for defendant requests with the consent of plaintiff's counsel the pretrial conference currently scheduled for 12/1/08 at 10:00 a.m. be adjourned to 12/16/08 at 10:00 a.m. if possible. ENDORSEMENT: The application is granted. The conference is adjourned until December 16, 2008, at 10:15 a.m. So Ordered. ( Pretrial Conference set for 12/16/2008 at 10:15 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 12/1/08) (js)
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Filing 6
ANSWER to Complaint. Document filed by The Prudential Insurance Company of America, AICPA Life Insurance/Disability Plans Committee.(d'Arcambal, Michelle)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Prudential Financial, Inc. as Corporate Parent. Document filed by The Prudential Insurance Company of America.(d'Arcambal, Michelle)
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Filing 4
NOTICE OF A PRETRIAL CONFERENCE Pretrial Conference set for 12/1/2008 at 10:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 11/7/08) (mme)
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Filing 3
STIPULATION TO EXTEND TIME TO ANSWER; that the time for Defendant The Prudential Insurance Company of America to answer, move or otherwise respond to Plaintiff's Complaint in the captioned action is extended to and including November 18, 2008. (Signed by Judge John F. Keenan on 11/6/08) (pl)
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Filing 2
WAIVER OF SERVICE RETURNED EXECUTED. The Prudential Insurance Company of America waiver sent on 9/5/2008, answer due 11/5/2008. Document filed by William Gassiott. (Frankel, Justin)
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Filing 1
COMPLAINT against The Prudential Insurance Company of America, AICPA Life Insurance/Disability Plans Committee. (Filing Fee $ 350.00, Receipt Number 660963)Document filed by William Gassiott.(mme) (laq).
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SUMMONS ISSUED as to The Prudential Insurance Company of America, AICPA Life Insurance/Disability Plans Committee. (mme)
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Case Designated ECF. (mme)
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Magistrate Judge Gabriel W. Gorenstein is so designated. (mme)
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