Xie v. J.P.Morgan Chase Bank, N.A.
| Agnes Xiaohong Xie |
| J.P.Morgan Chase Bank, N.A. |
| 1:2015cv04546 |
| June 8, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lorna G. Schofield |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Other |
| Plaintiff |
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Filing
81
OPINION AND ORDER re: 80 FIRST MOTION to Amend/Correct 67 Memorandum & Opinion, Set/Clear Flags, 79 Objection (non-motion), 58 Amended Complaint, Motion to Correct/Amend Second Amended Complaint, Surreply to OR&R, Reply to Defendan ts Response Part II filed by Agnes Xiaohong Xie, 52 FIRST LETTER MOTION for Leave to File Second Amended Complaint addressed to Magistrate Judge Katharine H. Parker from Agnes Xie dated 3/11/2017. filed by Agnes Xiaohong Xie. For the foregoi ng reasons, the Opinion is deemed to have denied leave to add claims under Sections 502(a)(3) and 510 of ERISA, as well as claims under Section 502(c) of ERISA based on plan document requests made orally to nonadministrators, and Plaintiff's objection is OVERRULED. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 52 and 80. (Signed by Judge Lorna G. Schofield on 1/19/2018) (kgo)
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Filing
67
OPINION, REPORT ANDRECOMMENDATION re: 64 FOURTH LETTER MOTION to Seal Document 63 Reply to Response to Motion, Seal Filing for Exhibit 4 Request addressed to Magistrate Judge Katharine H. Parker from Agnes Xie dated 5/4/17. file d by Agnes Xiaohong Xie, 52 FIRST LETTER MOTION for Leave to File Second Amended Complaint addressed to Magistrate Judge Katharine H. Parker from Agnes Xie dated 3/11/2017. filed by Agnes Xiaohong Xie. This Court recommends denying P laintiff's motion for leave to amend to add claims for breach of fiduciary duty, discriminatory discharge, and failure of Access HR and DMS to provide her with STD Plan documents (Doc. No. 52). The Court grants Plaintiff's motion for leav e to amend to add a claim against the STD Plan Administrator for failing to provide Plaintiff with a copy of the STD Plan documents and denies Plaintiff's motion to file documents under seal (Doc. No. 64.) as moot. Plaintiff is directed to re vise the SAC by removing all additional claims other than the one for a statutory disclosure penalty against the STD Plan Administrator and to add the allegations made in her reply brief supporting such claim. The Court further directs the Clerk of Court to lift the stay in this action. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/7/17) (yv)
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Filing
42
OPINION AND ORDER: For the foregoing reasons, Defendant's motion is DENIED. The Clerk of Court is directed to close the motion at Docket No. 31. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/20/2016) (cf)
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| Plaintiff: Agnes Xiaohong Xie | |
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| Defendant: J.P.Morgan Chase Bank, N.A. | |
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