Robinson v. Berkshire Life Insurance Company of America et al
| ILana L. Deutsch and ILana L. Robinson |
| The Guardian Life Insurance Company of America and Berkshire Life Insurance Company of America |
| 1:2018cv07689 |
| August 23, 2018 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 25
ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court on November 2, 2018, at 11:15 a.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. And as set forth herein. SO ORDERED. Initial Conference set for 11/2/2018 at 11:15 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 10/17/2018) (ama)
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| Filing 24 ANSWER to #23 Counterclaim. Document filed by ILana L. Robinson.(Gisonni, Eve-Lynn) |
| Filing 23 ANSWER to Complaint., COUNTERCLAIM against ILana L. Robinson. Document filed by Berkshire Life Insurance Company of America.(Begos, Patrick) |
| Filing 22 ACKNOWLEDGMENT OF SERVICE. The Guardian Life Insurance Company of America served on 7/26/2018, answer due 8/16/2018. Service was accepted by Kathleen Granderath, Special Deputy Superintendent of Insurance. Document filed by ILana L. Robinson. (Gisonni, Eve-Lynn) |
| Filing 21 ACKNOWLEDGMENT OF SERVICE. Berkshire Life Insurance Company of America served on 7/26/2018, answer due 8/16/2018. Service was accepted by Kathleen Granderath, Special Deputy Superintendent of Insurance. Document filed by ILana L. Robinson. (Gisonni, Eve-Lynn) |
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Filing 20
STIPULATION OF DISMISSAL OF THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA WITHOUT PREJUDICE: IT IS HEREBY STIPULATED between undersigned counsel for all parties in this action, that plaintiff's claims against defendant, The Guardian Life Insurance Company of America be, and hereby are, dismissed without prejudice, and without costs or attorney's fees to either party. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/04/2018). *** Party The Guardian Life Insurance Company of America terminated. (ama) Modified on 9/4/2018 (ama).
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Filing 19
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply. GRANTED. DEFENDANTS SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE SEPTEMBER 28, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 18 DEMAND for Trial by Jury. Document filed by ILana L. Robinson(Gisonni, Eve-Lynn) |
| Filing 17 NOTICE OF APPEARANCE by Eve-Lynn Gisonni on behalf of ILana L. Robinson. (Gisonni, Eve-Lynn) |
| Filing 16 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to the complaint addressed to Judge J. Paul Oetken from Patrick W. Begos dated 08/31/2018. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America.(Begos, Patrick) |
| Filing 15 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) The Guardian Life Insurance Company of America and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Guardian Life Insurance Company of America. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Begos, Patrick) |
| Filing 14 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Begos, Patrick) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/27/2018 (dt). |
| Filing 13 SEALED DOCUMENT placed in vault.(rz) |
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Filing 12
ORDER. The unredacted document marked as State Court Records and Proceedings Pursuant to Local Rule 81, filed at Docket Number 2, shall be placed under seal. The Clerk of Court is directed to seal the filing at Docket Number 2 and to close the motion at Docket Number 10. SO ORDERED. Granting #10 LETTER MOTION to Seal Document 2 State Court Records and Proceedings Purs. to Rule 81, addressed to Judge J. Paul Oetken from Soo Y. Kim dated 8/24/2018. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Signed by Judge J. Paul Oetken on 8/24/2018) (rjm) Transmission to Sealed Records Clerk for processing.
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #15 Stipulation of Voluntary Dismissal was reviewed and referred to Judge J. Paul Oetken for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Patrick Begos to RE-FILE Document #14 Proposed Order. Use the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. (dt) |
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Filing 11
ORDER: Plaintiff's counsel is directed to file an appearance with this Court no later than September 14, 2018. Defendants' counsel shall serve a copy of this order on Plaintiff's counsel by September 7, 2018. (Signed by Judge J. Paul Oetken on 8/24/2018) (kgo)
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| Filing 10 LETTER MOTION to Seal Document #2 State Court Records and Proceedings Purs. to Rule 81, addressed to Judge J. Paul Oetken from Soo Y. Kim dated 8/24/2018. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America.(Kim, Soo) |
| Filing 9 CERTIFICATE OF SERVICE of Exhibit A and B to Notice of Removal served on Eve-Lynn Gisonni, Esq. on 8/24/2018. Service was made by Mail. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Kim, Soo) |
| Filing 8 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: #1 Exhibit B to Notice of Removal)(Kim, Soo) |
| Filing 7 NOTICE OF APPEARANCE by Soo Yeon Kim on behalf of Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Kim, Soo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (pne) |
| Magistrate Judge Barbara C. Moses 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Patrick Walter Begos. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 4 (Incorporated/Principal Place of Business-This State); County code New York. The following corrections have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Patrick Walter Begos. The party information for the following party has been modified: ILana L. Robinson. The information for the party has been modified for the following reasons: party name contained a typographical error; alias party name was omitted. (pne) |
| Filing 6 CERTIFICATE OF SERVICE of NOTICE OF REMOVAL and EXHIBITS, CIVIL COVER SHEET, RULE 7.1 CORPORATE DISCLOSURE STATEMENT, and DECLARATION OF SONYA CROSSWELL IN SUPPORT OF REMOVAL served on Eve-Lynn Gisonni, Esq. on 8/23/2018. Service was made by Mail. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Begos, Patrick) |
| Filing 5 CIVIL COVER SHEET filed. (Begos, Patrick) |
| Filing 4 DECLARATION of Sonya Crosswell in Support re: #1 Notice of Removal. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Begos, Patrick) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Guardian Life Insurance Company of America for Berkshire Life Insurance Company of America. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America.(Begos, Patrick) |
| Filing 2 FILING ERROR - PDF ERROR - STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Berkshire Life Insurance Company of America, The Guardian Life Insurance Company of America. (Attachments: #1 Exhibit B to notice of removal)(Begos, Patrick) Modified on 8/24/2018 (jgo). |
| Filing 1 NOTICE OF REMOVAL Case Number: NOT INDICATED. (Filing Fee $ 400.00, Receipt Number 0208-15486988).Document filed by The Guardian Life Insurance Company of America, Berkshire Life Insurance Company of America.(Begos, Patrick) |
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