Masten et al v. Metropolitan Life Insurance Company et al
Plaintiff: Catherine McAlister, William Masten, Emily Ross, Scott Batey, Pauline Walker, Joan Brownell, Lee Kernan and Mary Trivett
Defendant: Metropolitan Life Insurance Company Employee Benefits Committee, Metropolitan Life Insurance Company, John/Jane Does 1-20 and MetLife Group, Inc.
Case Number: 1:2018cv11229
Filed: December 3, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Ronnie Abrams
Referring Judge: Ona T Wang
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2023 Opinion or Order Filing 162 CONSENT LETTER MOTION for Extension of Time to File Objections to Magistrate Judge Wang's Report & Recommendation #161 addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated March 21, 2023. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
March 17, 2023 Opinion or Order Filing 161 REPORT & RECOMMENDATION TO THE HONORABLE RONNIE ABRAMS re: #140 MOTION to Certify Class . filed by Mary Trivett, Pauline Walker, Lee Kernan, Catherine McAlister, Joan Brownell, Scott Batey, Emily Ross. For the reasons set forth above, I respectfully recommend that Plaintiffs' Motion for Class Certification be GRANTED as follows: 1) On or after January 1, 2013; 2) In the form of a JSA with a survivorship percentage between 50% and 100%; 3) Whose benefit was calculated entirely using the Traditional Part's formula; and 4) Not calculated under Section 4.02-A or 5.02-A of the Plan as of June 30, 2008. The Class should be divided into two subclasses based on whether the employee signed a release upon their separation from MetLife. In accordance with 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 72(b), the parties shall have fourteen (14) days (including weekends and holidays) from receipt of this Report to file written objections. See also Fed. R. Civ. P. 6 (allowing three (3) additional days for service by mail). A party may respond to any objections within fourteen (14) days after being served. Such objections, and any responses to objections, shall be addressed to the Hon. Ronnie Abrams. Any requests for an extension of time for filing objections must be directed to Judge Abrams. FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. See Thomas v. Arn, 474 U.S. 140, 155 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983). Objections to R&R due by 3/31/2023. (Signed by Magistrate Judge Ona T. Wang on 3/17/2023) (rro)
August 22, 2022 Opinion or Order Filing 160 ORDER denying without prejudice #157 Letter Motion for Leave to File Document. Application DENIED without prejudice. The Court may order further briefing on Plaintiffs' motion for class certification at a later date, if it deems further briefing necessary. (Signed by Magistrate Judge Ona T. Wang on 8/22/2022) (rro)
August 15, 2022 Opinion or Order Filing 159 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Douglas P. Needham dated August 15, 2022 re: #157 LETTER MOTION for Leave to File Sur-Reply to Plaintiffs' Motion for Class Certification and Request for Oral Argument on Motion addressed to Magistrate Judge Ona T. Wang from Russell L. Hirschhorn dated August 11, 2022. CORRECTED PLAINTIFFS' LETTER RESPONSE IN OPPOSITION TO DEFENDANTS' #157 LETTER MOTION FOR LEAVE TO FILE SUR-REPLY TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Needham, Douglas)
August 13, 2022 Opinion or Order Filing 158 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Douglas P. Needham dated August 13, 2022 re: #157 LETTER MOTION for Leave to File Sur-Reply to Plaintiffs' Motion for Class Certification and Request for Oral Argument on Motion addressed to Magistrate Judge Ona T. Wang from Russell L. Hirschhorn dated August 11, 2022. PLAINTIFFS' LETTER RESPONSE IN OPPOSITION TO DEFENDANTS' #157 LETTER MOTION FOR LEAVE TO FILE SUR-REPLY TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker. (Attachments: #1 Exhibit 1 - Email Transmitting Releases, #2 Exhibit 2 - June 24 Email).(Needham, Douglas)
August 11, 2022 Opinion or Order Filing 157 LETTER MOTION for Leave to File Sur-Reply to Plaintiffs' Motion for Class Certification and Request for Oral Argument on Motion addressed to Magistrate Judge Ona T. Wang from Russell L. Hirschhorn dated August 11, 2022. Document filed by MetLife Group, Inc., Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
August 5, 2022 Opinion or Order Filing 156 DECLARATION of Douglas P. Needham in Support re: #140 MOTION to Certify Class .. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker. (Attachments: #1 Exhibit A - Altman Amended Report, #2 Exhibit B - Altman Amended Report (Redline), #3 Exhibit C - Altman Reply Declaration, #4 Exhibit D - 2014 SPD, #5 Exhibit E - Abraham Depo. Tr.).(Needham, Douglas)
August 5, 2022 Opinion or Order Filing 155 REPLY to Response to Motion re: #140 MOTION to Certify Class . Plaintiffs' Reply to Defendants' Opposition to Motion for Class Certification. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Needham, Douglas)
July 1, 2022 Opinion or Order Filing 154 ***SELECTED PARTIES***DECLARATION of APRIL GIROLAMI in Opposition re: #140 MOTION to Certify Class .. Document filed by Metropolitan Life Insurance Company, MetLife Group, Inc., Metropolitan Life Insurance Company Employee Benefits Committee, Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E)Motion or Order to File Under Seal: #153 .(Hirschhorn, Russell)
July 1, 2022 Opinion or Order Filing 153 LETTER MOTION to Seal Exhibits A and C to E to Defendants' Declaration of April Girolami addressed to Magistrate Judge Ona T. Wang from Russell L. Hirschhorn dated July 1, 2022. Document filed by MetLife Group, Inc., Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
July 1, 2022 Opinion or Order Filing 152 DECLARATION of APRIL GIROLAMI in Opposition re: #140 MOTION to Certify Class .. Document filed by MetLife Group, Inc., Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A - REDACTED, #2 Exhibit B, #3 Exhibit C - REDACTED, #4 Exhibit D - REDACTED, #5 Exhibit E - REDACTED).(Hirschhorn, Russell)
July 1, 2022 Opinion or Order Filing 151 DECLARATION of RUSSELL L. HIRSCHHORN in Opposition re: #140 MOTION to Certify Class .. Document filed by MetLife Group, Inc., Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A, #2 Exhibit B).(Hirschhorn, Russell)
July 1, 2022 Opinion or Order Filing 150 MEMORANDUM OF LAW in Opposition re: #140 MOTION to Certify Class . . Document filed by MetLife Group, Inc., Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
June 30, 2022 Opinion or Order Filing 149 NOTICE OF APPEARANCE by Deidre Ann Grossman on behalf of MetLife Group, Inc., Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Grossman, Deidre)
June 10, 2022 Opinion or Order Filing 148 ORDER granting #147 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is respectfully directed to close ECF 147. (Signed by Magistrate Judge Ona T. Wang on 6/10/2022) (rro)
June 10, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 7/1/2022 Replies due by 8/5/2022. (rro)
June 9, 2022 Opinion or Order Filing 147 LETTER MOTION for Extension of Time re Modification of the briefing schedule related to Plaintiffs' motion for class certification addressed to Magistrate Judge Ona T. Wang from Russell L. Hirschhorn dated June 9, 2022. Document filed by MetLife Group, Inc., Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
May 3, 2022 Opinion or Order Filing 146 ORDER granting #145 Letter Motion for Extension of Time. Application GRANTED. The parties' revised briefing schedule regarding Plaintiffs' motion for class certification is hereby adopted. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/3/22) (yv)
May 3, 2022 Opinion or Order Set/Reset Deadlines as to #140 MOTION to Certify Class .. Responses due by 6/17/2022. Replies due by 7/15/2022. (yv)
May 2, 2022 Opinion or Order Filing 145 CONSENT LETTER MOTION for Extension of Time to Extend Scheduling Deadlines related to Plaintiffs' Motion for Class Certification addressed to Magistrate Judge Ona T. Wang from Robert A. Izard dated May 2, 2022. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Izard, Robert)
March 7, 2022 Opinion or Order Filing 144 ORDER granting #143 Letter Motion for Extension of Time. Application granted. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
March 4, 2022 Opinion or Order Filing 143 JOINT LETTER MOTION for Extension of Time Re: Class Certification Briefing Schedule addressed to Magistrate Judge Ona T. Wang from Russell L. Hirschhorn dated 3/4/2022. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
March 3, 2022 Opinion or Order Filing 142 DECLARATION of Douglas P. Needham in Support re: #140 MOTION to Certify Class .. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker. (Attachments: #1 Exhibit 1 - MetLife Retirement Plan Excerpts, #2 Exhibit 2 - Altman Report, #3 Exhibit 3 - Declaration of Lee S. Kernan, #4 Exhibit 4 - Declaration of Joan S. Brownell, #5 Exhibit 5 - Declaration of Emily Ross, #6 Exhibit 6 - IKR Firm Resume, #7 Exhibit 7 - B&G Firm Resume).(Needham, Douglas)
March 3, 2022 Opinion or Order Filing 141 MEMORANDUM OF LAW in Support re: #140 MOTION to Certify Class . . Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Needham, Douglas)
March 3, 2022 Opinion or Order Filing 140 MOTION to Certify Class . Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Needham, Douglas)
February 21, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Douglas Needham to RE-FILE Document #139 MOTION to Certify Class .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). (kj)
February 21, 2022 Opinion or Order Filing 139 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class . Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker. (Attachments: #1 Memorandum of Law in Support of Plaintiffs' Motion for Class Certification, #2 Declaration of Douglas P. Needham, #3 Exhibit 1 - MetLife Retirement Plan, #4 Exhibit 2 - Altman Report, #5 Exhibit 3 - Declaration of Lee S. Kernan, #6 Exhibit 4 - Declaration of Joan S. Brownell, #7 Exhibit 5 - Declaration of Emily Ross, #8 Exhibit 6 - IKR Firm Resume, #9 Exhibit 7 - B&G Firm Resume).(Needham, Douglas) Modified on 3/2/2022 (kj).
February 15, 2022 Opinion or Order Filing 138 ORDER granting #137 Letter Motion for Leave to File Excess Pages. Application granted. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
February 14, 2022 Opinion or Order Filing 137 LETTER MOTION for Leave to File Excess Pages Request for reallocation of class certification briefing page limits addressed to Magistrate Judge Ona T. Wang from Douglas P. Needham dated February 14, 2022. Document filed by Scott Batey, Joan Brownell, Lee Kernan, William Masten, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Klein, Seth)
December 28, 2021 Opinion or Order Filing 136 ORDER. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation), Particular Motion: Plaintiffs' motion for class certification. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Ronnie Abrams on 12/28/2021) (kv)
December 28, 2021 Opinion or Order Filing 135 ORDER granting #134 Letter Motion for Extension of Time. Application granted. By separate order, this matter is referred to Magistrate Judge Wang for a Report and Recommendation on Plaintiffs' motion for class certification. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/28/2021) (vfr)
December 28, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 2/21/2022. Responses due by 5/9/2022 Replies due by 6/6/2022. (vfr)
December 28, 2021 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ona T. Wang. Please note that this is a reassignment of the designation only..(bcu)
December 22, 2021 Opinion or Order Filing 134 JOINT LETTER MOTION for Extension of Time for Section 4 of the Case Management Plan and Scheduling Order to Extend Deadlines Relating to Plaintiffs' Motion for Class Certification addressed to Judge Ronnie Abrams from Douglas P. Needham dated December 22, 2021. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Needham, Douglas)
December 16, 2021 Opinion or Order Filing 133 MEMO ENDORSEMENT granting #132 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. The Clerk of Court is respectfully directed to terminate Mr. Kindall from the docket. Attorney Mark Peter Kindall terminated. (Signed by Judge Ronnie Abrams on 12/16/2021) (ate)
December 15, 2021 Opinion or Order Filing 132 MOTION for Mark P. Kindall to Withdraw as Attorney . Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Needham, Douglas)
November 23, 2021 Opinion or Order Filing 131 ANSWER to #124 Amended Complaint,. Document filed by MetLife Group, Inc., Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
November 4, 2021 Opinion or Order Filing 130 ORDER granting #129 Letter Motion for Extension of Time. Application granted. SO ORDERED. Motions due by 1/7/2022. (Signed by Judge Ronnie Abrams on 11/4/2021) (vfr)
November 4, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 3/25/2022 Replies due by 4/22/2022. (vfr)
November 3, 2021 Opinion or Order Filing 129 JOINT LETTER MOTION for Extension of Time for Section 4 of the Case Management Plan and Scheduling Order to Extend Deadlines Relating to Plaintiffs' Motion for Class Certification addressed to Judge Ronnie Abrams from Mark P. Kindall dated November 3, 2021. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Kindall, Mark)
October 25, 2021 Opinion or Order Filing 128 NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Fed. R. Civ. Prod. 41(a)(1)(A)(i), Plaintiff William Masten voluntarily dismisses his claims in this action against each named Defendant and Plaintiff Catherin McAlister voluntarily dismisses her claims against the individual members of the Metropolitan Life Insurance Company Employee Benefits Committee that were identified as "John/Jane Does 1-20" in the Corrected Amended Complaint (ECF No. 39). Application granted. William Masten has been terminated as a party. The Clerk of Court is respectfully directed to further amend the docket in this matter to remove John/Jane Does 1-20 as defendants. SO ORDERED. John/Jane Does 1-20 terminated. (Signed by Judge Ronnie Abrams on 10/25/2021) (ate)
October 22, 2021 Opinion or Order Filing 127 ORDER granting #126 Letter Motion for Extension of Time to Answer re #126 JOINT LETTER MOTION for Extension of Time to File Answer re: #123 Order on Motion for Extension of Time, #124 Amended Complaint, addressed to Judge Ronnie Abrams from Mark P. Kindall dated October 21, 2021, #124 Amended Complaint. Application granted. SO ORDERED. John/Jane Does 1-20 answer due 11/23/2021; MetLife Group, Inc. answer due 11/23/2021; Metropolitan Life Insurance Company answer due 11/23/2021; Metropolitan Life Insurance Company Employee Benefits Committee answer due 11/23/2021. (Signed by Judge Ronnie Abrams on 10/22/2021) (ate)
October 22, 2021 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #125 Notice of Voluntary Dismissal was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
October 21, 2021 Opinion or Order Filing 126 JOINT LETTER MOTION for Extension of Time to File Answer re: #123 Order on Motion for Extension of Time, #124 Amended Complaint, addressed to Judge Ronnie Abrams from Mark P. Kindall dated October 21, 2021. Document filed by Scott Batey, Joan Brownell, Lee Kernan, Catherine McAlister, Emily Ross, Mary Trivett, Pauline Walker..(Kindall, Mark)
October 21, 2021 Opinion or Order Filing 125 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) John/Jane Does 1-20. Document filed by Joan Brownell, Lee Kernan, Catherine McAlister, Pauline Walker, Scott Batey, Emily Ross, Mary Trivett. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Izard, Robert)
October 21, 2021 Opinion or Order Filing 124 SECOND AMENDED COMPLAINT amending #42 Amended Complaint, against Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee, MetLife Group, Inc..Document filed by Catherine McAlister, Emily Ross, Scott Batey, Pauline Walker, Joan Brownell, Lee Kernan, Mary Trivett. Related document: #42 Amended Complaint,..(Izard, Robert)
September 29, 2021 Opinion or Order Filing 123 ORDER granting #122 LETTER MOTION for Extension of Time to Join Parties and File an Amended Complaint. Application granted. SO ORDERED. Amended Pleadings due by 10/21/2021. Joinder of Parties due by 10/21/2021. (Signed by Judge Ronnie Abrams on 9/29/2021) (jca)
September 28, 2021 Opinion or Order Filing 122 LETTER MOTION for Extension of Time to Join Parties and File an Amended Complaint addressed to Judge Ronnie Abrams from Mark P. Kindall dated September 28, 2021. Document filed by William Masten, Catherine McAlister..(Kindall, Mark)
August 9, 2021 Opinion or Order Filing 121 STIPULATED ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED (Signed by Judge Ronnie Abrams on 8/9/2021) (rj)
August 6, 2021 Opinion or Order Filing 120 PROPOSED PROTECTIVE ORDER. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
July 6, 2021 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference held on 7/6/2021. (arc)
July 6, 2021 Opinion or Order Filing 119 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 3 days. Plaintiffs shall make their expert(s), if any, available for deposition no later than December 10, 2021. Amended Pleadings due by 9/30/2021. Joinder of Parties due by 9/30/2021. Motions due by 11/29/2021. Responses due by 1/31/2022 Replies due by 3/2/2022. Deposition due by 2/11/2022. (Signed by Judge Ronnie Abrams on 7/6/2021) (kv)
July 2, 2021 Opinion or Order Filing 118 ANSWER to #42 Amended Complaint,. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
June 28, 2021 Opinion or Order Filing 117 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by William Masten, Catherine McAlister..(Kindall, Mark)
June 25, 2021 Opinion or Order Filing 116 ORDER granting #115 Letter Motion for Extension of Time to Answer re #115 LETTER MOTION for Extension of Time to File Answer re: #42 Amended Complaint, addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated June 24 2021. SO ORDERED. Metropolitan Life Insurance Company answer due 7/2/2021; Metropolitan Life Insurance Company Employee Benefits Committee answer due 7/2/2021. (Signed by Judge Ronnie Abrams on 6/25/2021) (vfr)
June 24, 2021 Opinion or Order Filing 115 LETTER MOTION for Extension of Time to File Answer re: #42 Amended Complaint, addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated June 24 2021. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
June 15, 2021 Opinion or Order Filing 114 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/26/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
June 15, 2021 Opinion or Order Filing 113 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/26/2021 before Judge Ronnie Abrams. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/16/2021. Release of Transcript Restriction set for 9/13/2021..(McGuirk, Kelly)
June 14, 2021 Opinion or Order Filing 112 OPINION AND ORDER: re: #45 MOTION to Dismiss the Amended Complaint (Dkt. 42 filed by Metropolitan Life Insurance Company Employee Benefits Committee, Metropolitan Life Insurance Company. For the foregoing reasons, Defendants motion to dismiss is granted with respect to Masten's claims for breach of fiduciary duty and denied in all other respects. The Clerk of Court is respectfully directed to terminate item number 45 on the docket. The stay is hereby lifted. By no later than June 28, 2021, the parties shall jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at https://nysd.uscourts.gov/hon-ronnie-abrams. Counsel for both parties shall appear for a status conference on July 6, 2021 at 2:00 p.m. The Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. SO ORDERED., ( Status Conference set for 7/6/2021 at 02:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/14/2021) (ama) Transmission to Orders and Judgments Clerk for processing.
June 14, 2021 Opinion or Order Case Stay Lifted. (ama)
June 3, 2021 Opinion or Order Filing 111 LETTER addressed to Judge Ronnie Abrams from Myron D. Rumeld dated June 3 2021 re: Transcript of May 26, 2021 oral argument on Defendants Motion to Dismiss.. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Rumeld, Myron)
May 26, 2021 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 5/26/2021 re: #45 MOTION to Dismiss the Amended Complaint (Dkt. 42) filed by Metropolitan Life Insurance Company Employee Benefits Committee, Metropolitan Life Insurance Company. (Court Reporter Paula Speer) (arc)
May 11, 2021 Opinion or Order Filing 110 MEMO ENDORSEMENT: on re: #109 Letter filed by Metropolitan Life Insurance Company Employee Benefits Committee, Metropolitan Life Insurance Company. ENDORSEMENT: Oral argument is hereby rescheduled until May 26, 2021 at 8:30 a.m. The parties shall use the dial-in information provided below to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. SO ORDERED., ( Oral Argument set for 5/26/2021 at 08:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 5/11/2021) (ama)
May 10, 2021 Opinion or Order Filing 109 LETTER addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated May 10, 2021 re: Telephone Conference on Defendants' Motion to Dismiss. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
May 7, 2021 Opinion or Order Filing 108 ORDER: The Court will hold oral argument via telephonic conference on the pending motion to dismiss on May 18, 2021 at 3:00 p.m. The parties shall use the dial-in information provided below to call in to the conference: Call-in Number: (888) 363-4749 Access Code: 1015508 This conference line is open to the public. If it is not feasible for the parties to appear telephonically at that time, they should jointly notify the Court as soon as possible by letter filed on ECF and include proposed alternative dates for this conference. SO ORDERED. Telephone Conference set for 5/18/2021 at 03:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 5/7/2021) (kv)
January 29, 2021 Opinion or Order Filing 107 NOTICE of Supplemental Authority re: #106 Memo Endorsement, #104 Letter,. Document filed by William Masten, Catherine McAlister..(Kindall, Mark)
January 27, 2021 Opinion or Order Filing 106 MEMO ENDORSEMENT on re: #104 Letter, filed by Catherine McAlister, William Masten. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/27/2021) (kv)
January 26, 2021 Opinion or Order Filing 105 NOTICE of Defendants' Notice of Supplemental Authority. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A--Smith v. Rockwell and Ex. B--Brown v. UPS).(Hirschhorn, Russell)
January 26, 2021 Opinion or Order Filing 104 LETTER addressed to Judge Ronnie Abrams from Robert A. Izard dated January 26, 2021 re: Letter Requesting Permission to File Response to Defendant's Notice of Supplemental Authority. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit A).(Izard, Robert)
January 25, 2021 Opinion or Order Filing 103 ORDER granting #102 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/25/2021) (kv)
January 22, 2021 Opinion or Order Filing 102 LETTER MOTION for Leave to File Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated 1/22/21. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit 1-Proposed Notice of Supplemental Authority attaching Smith Decision).(Hirschhorn, Russell)
September 1, 2020 Opinion or Order Filing 101 RESPONSE to Motion re: #96 LETTER MOTION for Leave to File Notice of Supplemental Authority. addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated August 28 2020., #99 LETTER MOTION for Leave to File Response to Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Douglas P. Needham dated August 31, 2020. Plaintiffs' Response to Defendants' Notice of Supplemental Authority. Document filed by William Masten, Catherine McAlister..(Needham, Douglas)
September 1, 2020 Opinion or Order Filing 100 ORDER granting #99 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/1/2020) (rj)
August 31, 2020 Opinion or Order Filing 99 LETTER MOTION for Leave to File Response to Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Douglas P. Needham dated August 31, 2020. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit A - Proposed Response to Notice of Supplemental Authority).(Needham, Douglas)
August 31, 2020 Opinion or Order Filing 98 NOTICE of DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A- Brown v. UPS).(Hirschhorn, Russell)
August 31, 2020 Opinion or Order Filing 97 ORDER granting #96 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/31/2020) (rj)
August 28, 2020 Opinion or Order Filing 96 LETTER MOTION for Leave to File Notice of Supplemental Authority. addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated August 28 2020. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit 1 Brown Decision).(Hirschhorn, Russell)
April 6, 2020 Opinion or Order Filing 95 NOTICE of of Supplemental Authority in Opposition to Defendants' Motion to Dismiss re: #90 Letter, #91 Memo Endorsement,. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit 1 - Supplemental Authority - Duffy v. Anheuser-Busch Companies, LLC).(Izard, Robert)
April 6, 2020 Opinion or Order Filing 94 RESPONSE re: #90 Letter, to plaintiffs' Notice of Supplemental Authorithy. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
April 3, 2020 Opinion or Order Filing 93 ORDER granting #92 Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/3/2020) (ks)
April 2, 2020 Opinion or Order Filing 92 LETTER MOTION for Leave to File File Response to Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated April 2 2020. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A).(Hirschhorn, Russell)
April 1, 2020 Opinion or Order Filing 91 MEMO ENDORSEMENT on re: #90 Letter for Leave to File Supplemental Authority in Opposition to Defendants' Motion to Dismiss, filed by Catherine McAlister, William Masten. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/1/20) (yv)
March 31, 2020 Opinion or Order Filing 90 LETTER addressed to Judge Ronnie Abrams from Robert A. Izard dated March 31, 2020 re: LETTER MOTION for Leave to File Supplemental Authority in Opposition to Defendants' Motion to Dismiss. Document filed by William Masten, Catherine McAlister..(Izard, Robert)
February 27, 2020 Opinion or Order Filing 89 RESPONSE re: #86 Notice (Other), Defendants' Response to Plaintiffs' Notice of Supplemental Authority.. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
February 26, 2020 Opinion or Order Filing 88 ORDER granting #87 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/26/2020) (va)
February 26, 2020 Opinion or Order Filing 87 LETTER MOTION for Leave to File a Response to Plaintiffs' Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated 2/26/2020. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A).(Hirschhorn, Russell)
February 24, 2020 Opinion or Order Filing 86 NOTICE of of Supplemental Authority in Opposition to Defendants' Motion to Dismiss re: #85 Memo Endorsement, #84 Letter,. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit 1 - Supplemental Authority - Herndon v. Huntington Ingalls Industries, Inc.).(Izard, Robert)
February 24, 2020 Opinion or Order Filing 85 MEMO ENDORSEMENT on re: #84 Letter, filed by Catherine McAlister, William Masten. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/24/2020) (jca)
February 21, 2020 Opinion or Order Filing 84 LETTER addressed to Judge Ronnie Abrams from Robert A. Izard dated February 21, 2020 re: LETTER MOTION for Leave to File Supplemental Authority in Opposition to Defendants' Motion to Dismiss. Document filed by William Masten, Catherine McAlister..(Izard, Robert)
February 20, 2020 Opinion or Order Filing 83 RESPONSE re: #80 Notice (Other) Defendants' Response to Plaintiffs' Notice of Supplemental Authority. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee..(Hirschhorn, Russell)
February 19, 2020 Opinion or Order Filing 82 ORDER granting #81 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/19/2020) (ks)
February 19, 2020 Opinion or Order Filing 81 LETTER MOTION for Leave to File Defendants' Response to Plaintiffs' Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated 2/19/2020. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A).(Hirschhorn, Russell)
February 13, 2020 Opinion or Order Filing 80 NOTICE of Supplemental Authority re: #78 Memo Endorsement. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit).(Izard, Robert)
February 13, 2020 Opinion or Order Filing 79 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #80 Notice of Supplemental Authority) - NOTICE of Supplemental Authority re: #78 Memo Endorsement. Document filed by William Masten, Catherine McAlister. (Izard, Robert) Modified on 2/19/2020 (db).
February 12, 2020 Opinion or Order Filing 78 MEMO ENDORSEMENT on re: #77 Letter, filed by Catherine McAlister, William Masten. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/12/2020) (kv)
February 11, 2020 Opinion or Order Filing 77 LETTER addressed to Judge Ronnie Abrams from Robert A. Izard dated February 11, 2020 re: Letter Motion for Leave to File Supplemental Authority in Opposition to Defendants' Motion to Dismiss. Document filed by William Masten, Catherine McAlister..(Izard, Robert)
January 24, 2020 Opinion or Order Filing 76 NOTICE of of Supplemental Authority in Opposition to Defendants' Motion to Dismiss re: #72 Memo Endorsement, #71 Letter,. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit 1 - Supplemental Authority - Cruz v. Raytheon Company)(Izard, Robert)
January 24, 2020 Opinion or Order Filing 75 RESPONSE re: #71 Letter, Defendants' Response to Plaintiffs' Notice of of Supplemental Authority. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Hirschhorn, Russell)
January 24, 2020 Opinion or Order Filing 74 ORDER granting #73 LETTER MOTION for Leave to File Defendants' Response to Plaintiffs' Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated 1/24/2020. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. Application granted. So ordered. (Signed by Judge Ronnie Abrams on 1/24/2020) (rjm)
January 24, 2020 Opinion or Order Filing 73 LETTER MOTION for Leave to File Defendants' Response to Plaintiffs' Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated 1/24/2020. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A: Defendants' Response to Plaintiffs' Notice of Supplemental Authority)(Hirschhorn, Russell)
January 21, 2020 Opinion or Order Filing 72 MEMO ENDORSEMENT on re: #71 Letter, filed by Catherine McAlister, William Masten. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/21/2020) (ks)
January 20, 2020 Opinion or Order Filing 71 LETTER addressed to Judge Ronnie Abrams from Robert A. Izard dated January 20, 2020 re: LETTER MOTION for Leave to File Supplemental Authority in Opposition to Defendants' Motion to Dismiss. Document filed by William Masten, Catherine McAlister.(Izard, Robert)
October 14, 2019 Opinion or Order Filing 70 BRIEF in Response to Defendants' Notice of Supplemental Authority [ECF 67]. Document filed by William Masten, Catherine McAlister.(Izard, Robert)
October 10, 2019 Opinion or Order Filing 69 ORDER granting #68 LETTER MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/10/2019) (jca)
October 9, 2019 Opinion or Order Filing 68 LETTER MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Mark P. Kindall dated 10/09/2019. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit Exhibit A)(Kindall, Mark)
October 7, 2019 Opinion or Order Filing 67 NOTICE of Defendants' Notice of Supplemental Authority. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A--Decision-DuBuske v. PepsiCo, Inc. et al., No. 18-cv-11618)(Hirschhorn, Russell)
October 4, 2019 Opinion or Order Filing 66 ORDER granting #65 Letter Motion for Leave to File Document: Application granted. (Signed by Judge Ronnie Abrams on 10/4/2019) (jwh)
October 3, 2019 Opinion or Order Filing 65 LETTER MOTION for Leave to File Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated 10/3/2019. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit 1: Notice of Supplemental Authority)(Hirschhorn, Russell)
August 15, 2019 Opinion or Order Filing 64 RESPONSE re: #61 Notice (Other), Defendants' Response to Plaintiffs' Notice of Supplemental Authority. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Hirschhorn, Russell)
August 15, 2019 Opinion or Order Filing 63 ORDER granting #62 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/15/2019) (rj)
August 14, 2019 Opinion or Order Filing 62 LETTER MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority (Dkt. 61) addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated August 14, 2019. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Ex. A)(Hirschhorn, Russell)
August 12, 2019 Opinion or Order Filing 61 NOTICE of of Supplemental Authority re: #59 LETTER MOTION for Leave to File Second Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Seth R. Klein dated August 8, 2019., #60 Order on Motion for Leave to File Document. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit 1 - Supplemental Authority - Torres v. American Airlines, Inc.)(Izard, Robert)
August 12, 2019 Opinion or Order Filing 60 ORDER granting #59 Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/12/2019) (ks)
August 8, 2019 Opinion or Order Filing 59 LETTER MOTION for Leave to File Second Notice of Supplemental Authority addressed to Judge Ronnie Abrams from Seth R. Klein dated August 8, 2019. Document filed by William Masten, Catherine McAlister.(Klein, Seth)
July 25, 2019 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 7/25/2019. (Court Reporter Kristen Carannante) (arc)
July 3, 2019 Opinion or Order Filing 58 RESPONSE re: #55 Notice (Other) Defendants' Response to Plaintiffs' Notice of Supplemental Authority. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Hirschhorn, Russell)
July 3, 2019 Opinion or Order Filing 57 ORDER granting #56 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/3/2019) (ne)
July 2, 2019 Opinion or Order Filing 56 LETTER MOTION for Leave to File Response to Plaintiffs Notice of Supplemental Authority (Dkt. 55) addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated July 2 2019. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A)(Hirschhorn, Russell)
July 1, 2019 Opinion or Order Filing 55 NOTICE of Supplemental Authority in Opposition to Defendants' Motion to Dismiss re: #45 MOTION to Dismiss the Amended Complaint (Dkt. 42).. Document filed by William Masten, Catherine McAlister. (Klein, Seth)
June 28, 2019 Opinion or Order Filing 54 ORDER granting #53 Letter Motion for Leave to File Document. Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/28/2019) (ama)
June 27, 2019 Opinion or Order Filing 53 LETTER MOTION for Leave to File Supplemental Authority in Opposition to Defendants' Motion to Dismiss addressed to Judge Ronnie Abrams from Seth R. Klein dated June 27, 2019. Document filed by William Masten, Catherine McAlister.(Klein, Seth)
June 13, 2019 Opinion or Order Filing 52 REPLY MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss the Amended Complaint (Dkt. 42). . Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Hirschhorn, Russell)
May 16, 2019 Opinion or Order Filing 51 MEMORANDUM OF LAW in Opposition re: #45 MOTION to Dismiss the Amended Complaint (Dkt. 42). . Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit Actuarial Standard of Practice No. 35)(Izard, Robert)
April 26, 2019 Opinion or Order Filing 50 MEMO ENDORSEMENT: on re: #49 Letter filed by Metropolitan Life Insurance Company Employee Benefits Committee, Metropolitan Life Insurance Company. ENDORSEMENT: Application granted. This case is hereby stayed pending resolution of the motion to dismiss. The initial pretrial conference is adjourned until further notice. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/26/2019) (ama)
April 26, 2019 Opinion or Order Filing 49 JOINT LETTER addressed to Judge Ronnie Abrams from Russell L. Hirschhorn & Seth R. Klein dated 4/26/2019 re: Defendants' Request to Stay. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.(Hirschhorn, Russell)
April 26, 2019 Opinion or Order Case Stayed (ama)
April 18, 2019 Opinion or Order Filing 48 LETTER addressed to Judge Ronnie Abrams from Russell L. Hirschhorn, Esq. dated 4/18/2019 re: Request for Oral Argument on Defendants' Motion to Dismiss the Amended Complaint. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.(Hirschhorn, Russell)
April 18, 2019 Opinion or Order Filing 47 DECLARATION of Russell L. Hirschhorn, Esq. in Support re: #45 MOTION to Dismiss the Amended Complaint (Dkt. 42).. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C)(Hirschhorn, Russell)
April 18, 2019 Opinion or Order Filing 46 MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss the Amended Complaint (Dkt. 42). . Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Hirschhorn, Russell)
April 18, 2019 Opinion or Order Filing 45 MOTION to Dismiss the Amended Complaint (Dkt. 42). Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.(Hirschhorn, Russell)
April 9, 2019 Opinion or Order Filing 44 NOTICE OF APPEARANCE by Mark Peter Kindall on behalf of William Masten, Catherine McAlister. (Kindall, Mark)
April 4, 2019 Opinion or Order Filing 43 ORDER granting #9 Motion for Seth R. Klein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
March 26, 2019 Opinion or Order Filing 42 CORRECTED AMENDED COMPLAINT amending #1 Complaint, against John/Jane Does 1-20, Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.Document filed by William Masten, Catherine McAlister. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - #41 MEMO ENDORSEMENT Granting #40 Consent Motion to File Corrected Amended Complaint)(Izard, Robert) Modified on 3/27/2019 (jgo).
March 26, 2019 Opinion or Order Filing 41 MEMO ENDORSEMENT granting #40 Motion to Amend/Correct. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/26/2019) (rro)
March 25, 2019 Opinion or Order Filing 40 CONSENT MOTION to Amend/Correct #38 Amended Complaint, File Corrected Amended Complaint. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Exhibit A (Corrected Amended Complaint), #2 Exhibit B (Redline of Corrected Amended Complaint))(Klein, Seth)
March 22, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert A. Izard to RE-FILE re: Document No. #39 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; Court's leave has not been granted; the first Amended complaint filed was accepted. You will need courts leave to file a Second Amended Complaint. Re-file the pleading using the event type Second Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (sj)
March 21, 2019 Opinion or Order Filing 39 FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT amending #1 Complaint against John/Jane Does 1-20, Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.Document filed by William Masten, Catherine McAlister. Related document: #1 Complaint.(Izard, Robert) Modified on 3/22/2019 (sj).
March 21, 2019 Opinion or Order Filing 38 AMENDED COMPLAINT amending #1 Complaint, against John/Jane Does 1-20, Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.Document filed by William Masten, Catherine McAlister. Related document: #1 Complaint,.(Izard, Robert)
March 15, 2019 Opinion or Order Filing 37 MEMO ENDORSEMENT on re: #36 Letter filed by Catherine McAlister, William Masten. ENDORSEMENT: Application granted. After Defendants file their revised motion to dismiss, the parties shall submit a joint letter to the Court explaining their positions on whether discovery should be stayed. (Amended Pleadings due by 3/21/2019., Motions due by 4/18/2019., Responses due by 5/16/2019, Replies due by 6/13/2019.) (Signed by Judge Ronnie Abrams on 3/15/2019) (cf)
March 14, 2019 Opinion or Order Filing 36 JOINT LETTER addressed to Judge Ronnie Abrams from Seth R. Klein and Russell L. Hirschhorn dated March 14, 2019 re: Joint Scheduling Proposal and Status Update. Document filed by William Masten, Catherine McAlister.(Klein, Seth)
March 8, 2019 Opinion or Order Filing 35 ORDER granting #34 Motion for Gregory Y. Porter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
March 7, 2019 Opinion or Order Filing 34 MOTION for Gregory Y. Porter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Proposed Order)(Porter, Gregory)
March 7, 2019 Opinion or Order Filing 33 LETTER addressed to Judge Ronnie Abrams from Seth R. Klein dated March 7, 2019 re: Notification of Intent to Amend Class Action Complaint. Document filed by William Masten, Catherine McAlister.(Klein, Seth)
March 7, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Gregory Y. Porter to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
February 22, 2019 Opinion or Order Filing 32 ENDORSED LETTER addressed to Judge Ronnie Abrams from Seth R. Klein and Russell L. Hirschhorn dated February 22, 2019 re: joint letter proposing case management plan. ENDORSEMENT: The initial pretrial conference and the deadline to submit pre-conference materials are adjourned until further notice. No later than March 7, 2019, Plaintiffs shall notify Defendants and the Court whether they intend to file an Amended Complaint. No later than March 14, 2019, the parties shall jointly submit a letter to the Court proposing next steps. The Court will consider Defendants' request for a stay after the filing of any Amended Complaint and revised motion to dismiss. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/22/2019) (ks)
February 22, 2019 Opinion or Order Filing 31 CONSENT LETTER MOTION to Continue Status Conference, to Reset Deadline for Filing of Joint Status Letter and Case Management Report, and to Set Schedule for Filing of Amended Complaint and Briefing on Motion to Dismiss Amended Complaint addressed to Judge Ronnie Abrams from Seth R. Klein dated February 22, 2019. Document filed by William Masten, Catherine McAlister.(Klein, Seth)
February 21, 2019 Opinion or Order Filing 30 LETTER addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated 2/21/2019 re: Request for Oral Argument on Defendants' Motion to Dismiss the Complaint. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.(Hirschhorn, Russell)
February 21, 2019 Opinion or Order Filing 29 DECLARATION of Russell L. Hirschhorn, Esq. in Support re: #27 MOTION to Dismiss .. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hirschhorn, Russell)
February 21, 2019 Opinion or Order Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss . . Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Hirschhorn, Russell)
February 21, 2019 Opinion or Order Filing 27 MOTION to Dismiss . Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.(Hirschhorn, Russell)
February 21, 2019 Opinion or Order Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MetLife Inc. for Metropolitan Life Insurance Company. Document filed by Metropolitan Life Insurance Company.(Hirschhorn, Russell)
February 20, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #25 MOTION for Gregory Y. Porter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16371058. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
February 19, 2019 Opinion or Order Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gregory Y. Porter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16371058. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Proposed Order)(Porter, Gregory) Modified on 2/20/2019 (wb).
February 8, 2019 Opinion or Order Filing 24 MEMO ENDORSEMENT on re: #23 Letter re: Requesting Clarification of Deadline to Submit Joint Letter & Case Management Plan filed by Catherine McAlister, William Masten. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/8/2019) (rj)
February 8, 2019 Opinion or Order Filing 23 LETTER addressed to Judge Ronnie Abrams from Douglas P. Needham dated February 8, 2019 re: Requesting Clarification of Deadline to Submit Joint Letter & Case Management Plan. Document filed by William Masten, Catherine McAlister.(Needham, Douglas)
December 28, 2018 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Mark George Boyko on behalf of William Masten, Catherine McAlister. (Boyko, Mark)
December 19, 2018 Opinion or Order Filing 21 ORDER granting #19 Letter Motion for Extension of Time: Application granted. Defendants' time to answer or otherwise respond to the Complaint is extended until February 21, 2019. The conference currently scheduled for February 15, 2019 is adjourned until March 1, 2019 at 2:00 p.m. (Signed by Judge Ronnie Abrams on 12/19/2018) (jwh)
December 19, 2018 Opinion or Order Set/Reset Deadlines: Metropolitan Life Insurance Company answer due 2/21/2019; Metropolitan Life Insurance Company Employee Benefits Committee answer due 2/21/2019. Set/Reset Hearings: Initial Conference set for 3/1/2019 at 02:00 PM before Judge Ronnie Abrams. (jwh)
December 19, 2018 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Myron D. Rumeld on behalf of Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Rumeld, Myron)
December 19, 2018 Opinion or Order Filing 19 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Ronnie Abrams from Russell L. Hirschhorn dated 12/19/2018. Document filed by Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee.(Hirschhorn, Russell)
December 19, 2018 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Russell Laurence Hirschhorn on behalf of Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Hirschhorn, Russell)
December 17, 2018 Opinion or Order Filing 17 AFFIDAVIT OF SERVICE of ECF No. 13 - ORDER & Notice of 2/15/2019 Initial Conference served on Metropolitan Life Insurance Company Employee Benefits Committee on 12/17/18. Service was accepted by Satti Jairam, CT Corporation System - Agent for Service. Document filed by William Masten, Catherine McAlister. (Klein, Seth)
December 17, 2018 Opinion or Order Filing 16 AFFIDAVIT OF SERVICE of ECF No. 13 - ORDER & Notice of 2/15/2019 Initial Conference served on Metropolitan Life Insurance Company on 12/17/18. Service was accepted by Satti Jairam, CT Corporation System - Agent for Service. Document filed by William Masten, Catherine McAlister. (Klein, Seth)
December 14, 2018 Opinion or Order Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Metropolitan Life Insurance Company Employee Benefits Committee served on 12/6/2018, answer due 12/27/2018. Service was accepted by Satti Jairam, CT Corporation System - Agent for Service. Document filed by William Masten; Catherine McAlister. (Klein, Seth)
December 14, 2018 Opinion or Order Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Metropolitan Life Insurance Company served on 12/6/2018, answer due 12/27/2018. Service was accepted by Satti Jairam, CT Corporation System - Agent for Service. Document filed by William Masten; Catherine McAlister. (Klein, Seth)
December 12, 2018 Opinion or Order Filing 13 ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 2/15/2019 at 02:15 PM in Courtroom 1506, 40 Foley Square, New York, NY 10007 before Judge Ronnie Abrams. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/12/2018) (rj)
December 12, 2018 Opinion or Order Filing 12 ORDER granting #11 Motion for Robert A. Izard to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
December 12, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Robert A. Izard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 11, 2018 Opinion or Order Filing 11 MOTION for Robert A. Izard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Declaration of Robert A. Izard in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice of Robert A. Izard)(Izard, Robert)
December 11, 2018 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Douglas Patrick Needham on behalf of William Masten, Catherine McAlister. (Needham, Douglas)
December 11, 2018 Opinion or Order Filing 9 MOTION for Seth R. Klein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16036464. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Declaration of Seth R. Klein in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice of Seth R. Klein)(Klein, Seth)
December 11, 2018 Opinion or Order Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert A. Izard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by William Masten, Catherine McAlister. (Attachments: #1 Declaration of Robert A. Izard in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice of Robert A. Izard)(Izard, Robert) Modified on 12/11/2018 (ma).
December 11, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Robert A. Izard to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): PLEASE REMOVE THE INACTIVE BAR FROM THE MOTION ALONG WITH IT'S CERTIFICATE OF GOOD STANDING.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
December 11, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Seth R. Klein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16036464. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
December 4, 2018 Opinion or Order Filing 7 CIVIL COVER SHEET filed. (Barrett, Christopher)
December 4, 2018 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to Metropolitan Life Insurance Company. (pne)
December 4, 2018 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Metropolitan Life Insurance Company Employee Benefits Committee. (pne)
December 4, 2018 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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)
December 4, 2018 Opinion or Order Case Designated ECF. (pne)
December 4, 2018 Opinion or Order Magistrate Judge Debra C. Freeman 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)
December 4, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Christopher Michael Barrett to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
December 3, 2018 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Life Insurance Company Employee Benefits Committee, re: #1 Complaint,. Document filed by William Masten, Catherine McAlister. (Barrett, Christopher)
December 3, 2018 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Life Insurance Company, re: #1 Complaint,. Document filed by William Masten, Catherine McAlister. (Barrett, Christopher)
December 3, 2018 Opinion or Order Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Barrett, Christopher) Modified on 12/4/2018 (pne).
December 3, 2018 Opinion or Order Filing 1 COMPLAINT against John/Jane Does 1-20, Metropolitan Life Insurance Company, Metropolitan Life Insurance Company Employee Benefits Committee. (Filing Fee $ 400.00, Receipt Number ANYSDC-15995018)Document filed by William Masten, Catherine McAlister.(Barrett, Christopher)

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Search for this case: Masten et al v. Metropolitan Life Insurance Company et al
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Defendant: Metropolitan Life Insurance Company Employee Benefits Committee
Represented By: Russell Laurence Hirschhorn
Represented By: Myron D. Rumeld
Represented By: Deidre Ann Grossman
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Defendant: Metropolitan Life Insurance Company
Represented By: Russell Laurence Hirschhorn
Represented By: Myron D. Rumeld
Represented By: Deidre Ann Grossman
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Defendant: John/Jane Does 1-20
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Defendant: MetLife Group, Inc.
Represented By: Russell Laurence Hirschhorn
Represented By: Deidre Ann Grossman
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Plaintiff: Catherine McAlister
Represented By: Christopher Michael Barrett
Represented By: Robert A. Izard
Represented By: Mark George Boyko
Represented By: Douglas Patrick Needham
Represented By: Seth R. Klein
Represented By: Gregory Y. Porter
Represented By: Mark Peter Kindall
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Plaintiff: William Masten
Represented By: Christopher Michael Barrett
Represented By: Robert A. Izard
Represented By: Mark George Boyko
Represented By: Douglas Patrick Needham
Represented By: Seth R. Klein
Represented By: Gregory Y. Porter
Represented By: Mark Peter Kindall
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Plaintiff: Emily Ross
Represented By: Mark Peter Kindall
Represented By: Douglas Patrick Needham
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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Plaintiff: Scott Batey
Represented By: Mark Peter Kindall
Represented By: Douglas Patrick Needham
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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Plaintiff: Pauline Walker
Represented By: Mark Peter Kindall
Represented By: Douglas Patrick Needham
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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Plaintiff: Joan Brownell
Represented By: Mark Peter Kindall
Represented By: Douglas Patrick Needham
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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Plaintiff: Lee Kernan
Represented By: Mark Peter Kindall
Represented By: Douglas Patrick Needham
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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Plaintiff: Mary Trivett
Represented By: Mark Peter Kindall
Represented By: Douglas Patrick Needham
Represented By: Seth R. Klein
Represented By: Robert A. Izard
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