Gallon v. Hartford Life & Accident Insurance Company et al
| Lori Gallon |
| Thomsen Family Dentistry PC Plan, Hartford Life & Accident Insurance Company and Standard Insurance Company |
| 1:2018cv07278 |
| August 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Lorna G Schofield |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 nr |
| None |
Docket Report
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This docket was last retrieved on October 11, 2018. A more recent docket listing may be available from PACER.
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Filing 35
ORDER denying #33 Letter Motion to Adjourn Conference. Application DENIED. The Order at Dkt. 34 cancelled the initial pretrial conference scheduled for October 11, 2018. The Clerk of Court is respectfully directed close the motion at Dkt. 33. (Signed by Judge Lorna G. Schofield on 10/11/2018) (cf)
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| Filing 33 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Andrew S. Davis dated 10/10/18. Document filed by Lori Gallon. Return Date set for 10/11/2018 at 11:30 AM.(Davis, Andrew) |
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Filing 34
ORDER: It is hereby ORDERED, as the parties' joint letter and proposed case management plan seemed to identify no issues requiring discussion, the initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. (As further set forth in this Order.) It is further ORDERED that the parties shall submit a joint status letter by November 6, 2018, updating the Court as to the status of settlement. If the parties have not reached a settlement by November 6, 2018, the parties' letter shall propose a briefing schedule for their motions for summary judgment. (Signed by Judge Lorna G. Schofield on 10/9/2018) (cf)
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| Filing 32 MOTION TO WITHDRAW AS COUNSEL granting #26 Motion to Withdraw as Attorney. Attorney Patrick Walter Begos terminated. Application GRANTED. (Signed by Judge Lorna G. Schofield on 10/1/2018) (jca) |
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Filing 31
ORDER granting in part #30 Letter Motion to Continue. Application GRANTED in part. The initial pretrial conference is adjourned from October 5, 2018, to October 11, 2018, at 10:30 A.M. Counsel who are not within the tri-state New York metropolitan area may participate by telephone. All counsel who are appearing by phone shall jointly call Chambers at 212-805-0288 at the scheduled time. Counsel who intend to speak shall call from a landline. (Signed by Judge Lorna G. Schofield on 9/28/2018) (jca)
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| Set/Reset Hearings: Initial Conference set for 10/11/2018 at 10:30 AM before Judge Lorna G. Schofield. (jca) |
| Filing 30 LETTER MOTION to Continue /Reschedule Rule 16 Conference to the afternoon of October 5, 2018 addressed to Judge Lorna G. Schofield from Brooks R. Magratten dated 09/27/2018. Document filed by Standard Insurance Company. (Attachments: #1 Enclosure)(Magratten, Brooks) |
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Filing 29
ORDER: It is hereby ORDERED that the conference in this matter previously scheduled for October 4, 2018 at 10:30 a.m., is adjourned to October 5, 2018 at 10:30 a.m., due to a scheduling conflict. Parties who are not local (within the Metropolitan tri-state area) may request to attend by phone by filing a letter motion. The parties are reminded to file their joint letter and Proposed Civil Case Management Plan and Scheduling Order (in the form available at the Court's website) at least seven calendar days prior to the initial pre-trial conference. (Initial Conference set for 10/5/2018 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/25/2018) (ne)
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Filing 28
ORDER granting in part and denying in part #25 Motion for Extension of Time to Answer. Application GRANTED in part. Defendant shall file their Answer or otherwise respond to the Amended Complaint by November 5, 2018. (Signed by Judge Lorna G. Schofield on 9/20/2018) (cf)
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| Set/Reset Deadlines: Standard Insurance Company answer due 11/5/2018. (cf) |
| Filing 27 JOINT LETTER addressed to Judge Lorna G. Schofield from Brooks R. Magratten dated 09/20/18 re: Response to Court's Rule 16 Conference Order. Document filed by Standard Insurance Company. (Attachments: #1 Joint Civil Case Management Plan and Scheduling Order)(Magratten, Brooks) |
| Filing 26 MOTION for Patrick W. Begos to Withdraw as Attorney for Hartford Life and Accident Insurance Company. Document filed by Hartford Life & Accident Insurance Company.(Begos, Patrick) |
| Filing 25 LETTER MOTION for Extension of Time to File Answer re: #24 Amended Complaint addressed to Judge Lorna G. Schofield from Brooks R. Magratten dated 09/19/18. Document filed by Standard Insurance Company.(Magratten, Brooks) |
| Filing 24 AMENDED COMPLAINT against Standard Insurance Company.Document filed by Lori Gallon.(Davis, Andrew) |
| Filing 23 ANSWER to #20 Counterclaim. Document filed by Lori Gallon.(Davis, Andrew) |
| Filing 22 NOTICE OF APPEARANCE by Andrew Scott Davis on behalf of Lori Gallon. (Davis, Andrew) |
| Filing 21 NOTICE OF APPEARANCE by Andrew Scott Davis on behalf of Lori Gallon. (Davis, Andrew) |
| Filing 20 ANSWER to Complaint., COUNTERCLAIM against Lori Gallon. Document filed by Standard Insurance Company.(Magratten, Brooks) |
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Filing 19
ORDER granting #16 Letter Motion for Conference. Application GRANTED. The parties shall appear for the initial pretrial conference scheduled for October 4, 2018, at 10:30 A.M. by jointly calling Chambers at (212) 805-0288 with all parties participating from a land line. Initial Conference set for 10/4/2018 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/6/2018) (cf)
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Filing 18
ORDER granting #9 Motion for Brooks R. Magratten to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna)
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Filing 17
ORDER SCHEDULING SETTLEMENT CONFERENCE: granting #15 Letter Motion for Conference. A settlement conference in this matter is scheduled for Friday, November 2, 2018 at 10:00 a.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and opposing counsel no later than midnight four business days before the conference: that is, October 29, 2018. And as set forth herein. SO ORDERED. Settlement Conference set for 11/2/2018 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/05/2018) (ama)
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| Filing 16 JOINT LETTER MOTION for Conference re: #4 Order for Initial Pretrial Conference requesting to participate by telephone addressed to Judge Lorna G. Schofield from Brooks R. Magratten dated September 5, 2018. Document filed by Standard Insurance Company.(Magratten, Brooks) |
| Filing 15 LETTER MOTION for Conference re: #14 Order on Motion for Conference,,, Request to Reschedule addressed to Magistrate Judge Gabriel W. Gorenstein from Brooks R. Magratten dated September 4, 2018. Document filed by Standard Insurance Company.(Magratten, Brooks) |
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Filing 14
ORDER SCHEDULING SETTLEMENT CONFERENCE: granting #12 Letter Motion for Conference. A settlement conference in this matter is scheduled for Tuesday, September 18, 2018 at 10:00 a.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least fifteen minutes beforehand to allow for the time required to pass through the security process. Counsel must read the Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. And as set forth herein. SO ORDERED. Settlement Conference set for 9/18/2018 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/31/2018) (ama)
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Filing 13
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 8/31/2018) (rjm)
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| Filing 12 LETTER MOTION for Conference (Early Settlement Conference) addressed to Judge Lorna G. Schofield from Brooks R. Magratten dated August 30, 2018. Document filed by Standard Insurance Company.(Magratten, Brooks) |
| Filing 11 STIPULATION: Plaintiff and all defendants agree that all claims against Defendants Hartford Life & Accident Insurance Company and the Thomsen Family Dentistry PC Plan may be dismissed without prejudice pursuant to F.R.Civ.P. 41(a)(1)(A)(ii). Hartford Life & Accident Insurance Company and Thomsen Family Dentistry PC Plan terminated. (Signed by Judge Lorna G. Schofield on 8/29/2018) (mro) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Cheryl Allen-Ricciardi. RE-FILE Document No. #10 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): Re-file with handwritten signatures of the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal. (km) Modified on 8/29/2018 (dt). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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, without prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Thomsen Family Dentistry PC Plan, Standard Insurance Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Allen-Ricciardi, Cheryl) Modified on 8/29/2018 (km). |
| Filing 9 MOTION for Brooks R. Magratten to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Standard Insurance Company, Thomsen Family Dentistry PC Plan. (Attachments: #1 Certificate of Good Standing (RI), #2 Certificate of Good Standing (MA), #3 Affidavit, #4 Proposed Order)(Magratten, Brooks) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Brooks R. Magratten to Appear Pro Hac Vice Receipt# 0208-15481030 $200.00 . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer. Application GRANTED. Defendants shall file their Answer bySeptember 14, 2018. Hartford Life & Accident Insurance Company answer due 9/14/2018; Standard Insurance Company answer due 9/14/2018; Thomsen Family Dentistry PC Plan answer due 9/14/2018 (Signed by Judge Lorna G. Schofield on 8/23/2018) (cf)
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| Filing 7 LETTER MOTION for Extension of Time to File Answer (with Consent) addressed to Judge Lorna G. Schofield from Cheryl L. Allen-Ricciardi dated 08/22/2018. Document filed by Standard Insurance Company, Thomsen Family Dentistry PC Plan.(Allen-Ricciardi, Cheryl) |
| Filing 6 NOTICE OF APPEARANCE by Patrick Walter Begos on behalf of Hartford Life & Accident Insurance Company. (Begos, Patrick) |
| Filing 5 NOTICE OF CHANGE OF ADDRESS by Cheryl Lorraine Allen-Ricciardi on behalf of Standard Insurance Company, Thomsen Family Dentistry PC Plan. New Address: Pierce Atwood LLP, One Financial Plaza, 26th Floor, Providence, Rhode Island, USA 02903, 401-588-5113. (Allen-Ricciardi, Cheryl) |
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Filing 4
ORDER: Initial Conference set for 10/4/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/16/2018) (kgo)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Cheryl Lorraine Allen-Ricciardi. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:1001; County code Westchester. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1441nr; the County code has been modified to XX Out of State. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Meiji Yasuda Life Insurance Company, Corporate Parent StanCorp. Financial Group, Inc. for Standard Insurance Company. Document filed by Standard Insurance Company.(Allen-Ricciardi, Cheryl) |
| Filing 2 CIVIL COVER SHEET filed. (Allen-Ricciardi, Cheryl) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 60196/2018. (Filing Fee $ 400.00, Receipt Number 0208-15440441).Document filed by Thomsen Family Dentistry PC Plan, Standard Insurance Company, Hartford Life & Accident Insurance Company. (Attachments: #1 Exhibit A, #2 Notice of Filing Notice of Removal)(Allen-Ricciardi, Cheryl) |
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