McFarlane v. First UNUM Life Insurance Company
Plaintiff: Cherylle McFarlane
Defendant: First UNUM Life Insurance Company
Case Number: 1:2016cv07806
Filed: October 6, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Ronnie Abrams
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1001
Jury Demanded By: None
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Date Filed Document Text
March 27, 2020 Opinion or Order Filing 169 OPINION & ORDER re: 160 LETTER MOTION for Conference re: 159 Order on Motion for Attorney Fees, addressed to Judge Ronnie Abrams from Jeffrey Delott dated 09/16/2019. filed by Cherylle McFarlane., Motions terminated: 160 LETTER MOTION for Conference re: 159 Order on Motion for Attorney Fees,, addressed to Judge Ronnie Abrams from Jeffrey Delott dated 09/16/2019. filed by Cherylle McFarlane. Plaintiff's motion for reconsideration is denied. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 160. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/27/20) (yv)
October 12, 2017 Opinion or Order Filing 90 OPINION AND ORDER re: 73 MOTION for Discovery Objections to MJ Order. filed by Cherylle McFarlane. For the foregoing reasons, McFarlane's objections to Judge Parker's denial of her motions to compel discovery are overr uled. The Clerk of Court is respectfully directed to terminate the motion pending at Docket Entry 73. (Signed by Judge Ronnie Abrams on 10/12/2017) (rj)
August 15, 2017 Opinion or Order Filing 84 OPINION AND ORDER re: 11 MOTION to Dismiss . filed by First UNUM Life Insurance Company. For the foregoing reasons, First Unum's motion to dismiss is granted in part and denied in part. Specifically, the Court grants First Unu m's motion to dismiss McFarlane's claim for statutory penalties for failure to provide plan documents but denies its motion to dismiss her claim for long-term disability benefits. The Clerk of Court is respectfully directed to terminate the motion pending at Docket No. 11. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/15/2017) (rj)
February 6, 2017 Opinion or Order Filing 39 OPINION AND ORDER re: 20 LETTER MOTION to Compel First Unum to submit documents for in camera review addressed to Judge Ronnie Abrams from Jeffrey Delott dated December 21, 2016 filed by Cherylle McFarlane. Before the Cour t is Plaintiff's motion seeking (i) an in camera review of certain documents listed on First Unum's privilege log; and (ii) an order compelling production of the same if the Court finds that the documents are subject to the fiduciary except ion to the attorney-client privilege and/or that the work product doctrine is inapplicable. (Docket No. 20.) In sum, it is quite possible that the purpose of the communications at issue concerned exercise of fiduciary duties. Additionally, an in camera review is needed to determine if the documents in question were created because of prospective litigation and thus protected by the attorney work product doctrine. For these reasons, Plaintiff's request for an in camera review of the th ree documents on First Unum's privilege log noted above is GRANTED. First Unum shall provide the Court with unredacted copies of the communications by no later than February 10, 2017 for an in camera review or, alternatively, if, based on thi s decision, First Unum determines that the communications are subject to the fiduciary exception and not protected by the work product doctrine, it shall provide the documents to Plaintiff by February 10, 2017. (As further set forth in this Opinion and Order.) (Signed by Magistrate Judge Katharine H. Parker on 2/6/2017) (mro)
January 20, 2017 Opinion or Order Filing 32 OPINION AND ORDER re: 29 LETTER MOTION for Conference re: Notice of Reassignment of Referral to Magistrate Judge, addressed to Magistrate Judge Katharine H. Parker from Jeffrey Delott dated January 17, 2017 filed by Cherylle Mc Farlane. In a letter dated January 17, 2017 (Docket No. 29), Plaintiff's counsel has requested that this action be reassigned to Chief Magistrate Judge Debra Freeman for general pre-trial purposes and settlement (see Docket No. 24) on the ground that the undersigned's "impartiality might reasonably be questioned" because the undersigned previously represented Defendant First Unum Life Insurance Company ("First Unum") and/or because Proskauer Rose LLP, t he law firm with which I was previously a member, has represented First Unum. Plaintiff's counsel concedes that he "is certainly not asserting that there is definitive evidence that [the undersigned's] honesty, integrity, impartialit y, temperament, or fitness to serve as a judge is impaired," but contends that he is obligated under Rule 1.1(c) of the New York State Rules of Professional Conduct to ask "whether a reasonable mind would find at least an appearance of impropriety." It is well-established that "[t]here is as much obligation upon a judge not to recuse [herself] when there is no occasion as there is for [her] to do so when there is." Rosen v. Sugarman, 357 F.2d 794, 7 97 (2d Cir. 1966) (internal quotations omitted). "In making its determination, a court must remember that where the standards governing disqualification have not been met, disqualification is not optional; rather, it is prohibited." In re Initial Pub. Offering Sec. Litig., 174 F. Supp. 2d 70, 75 (S.D.N.Y. 2001) (internal quotations omitted). No reasonable person fully informed of the facts could reasonably question this Court's impartiality in this matter. Plaintiff' s counsel has shown no personal bias or prejudice concerning a party, and no aspect of the undersigned's previous affiliation with Proskauer Rose LLP or representation of First Unum in a wholly unrelated matter sometime in the unspecified past would justify recusal. Thus, recusal under Section 455(a) is unwarranted as well. Accordingly, Plaintiff's application is DENIED. (As further set forth herein.) (Signed by Magistrate Judge Katharine H. Parker on 1/20/2017) (mro)
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Plaintiff: Cherylle McFarlane
Represented By: Jeffrey David Delott
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Defendant: First UNUM Life Insurance Company
Represented By: Patrick Walter Begos
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