Vida Longevity Fund, LP v. Lincoln Life & Annuity Company of New York
Plaintiff: Vida Longevity Fund, LP
Defendant: Lincoln Life & Annuity Company of New York
Case Number: 1:2019cv06004
Filed: June 27, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Referring Judge: Valerie Figueredo
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2022 Opinion or Order Filing 136 ORDER granting #122 Motion to Approve. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: The Court approves the form and contents of the Short-Form and Long-Form Notices (collectively, the "Notices") attached as Exhibits A and B, respectively, to the Declaration of Jennifer M. Keough, filed on April 19, 2022. (Signed by Magistrate Judge Valerie Figueredo on 8/19/2022) (ate)
July 18, 2022 Opinion or Order Filing 135 JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Nicholas C. Carullo dated July 18, 2022 re: Plaintiffs Unopposed Motion to Approve Form and Manner of Class Notice. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
June 2, 2022 Opinion or Order MOTIONS REFERRED: #122 MOTION to Approve Form and Manner of Class Notice .. Motions referred to Valerie Figueredo. (ate)
June 2, 2022 Opinion or Order Filing 134 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Valerie Figueredo. (Signed by Judge Andrew L. Carter, Jr on 6/2/2022) (ate)
May 16, 2022 Opinion or Order Filing 133 LETTER addressed to Judge Andrew L. Carter, Jr. from Nicholas C. Carullo dated May 16, 2022 re: Form and Notice. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
May 5, 2022 Opinion or Order Filing 132 MEMO ENDORSEMENT on re: #131 Letter filed by Vida Longevity Fund, LP. ENDORSEMENT: The Clerks Office is directed to seal the unredacted version of Exhibit 34, filed at ECF No. 128-24. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 5/5/2022) (rro)
May 2, 2022 Opinion or Order Filing 131 LETTER addressed to Magistrate Judge Valerie Figueredo from Nicholas C. Carullo dated 5/2/2022 re: Removal of ECF No. 128-24. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
April 30, 2022 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (laq)
April 30, 2022 Opinion or Order NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Valerie Figueredo, for Specific Non-Dispositive Motion/Dispute. Magistrate Judge Debra C. Freeman no longer referred to the case. Motions referred to Valerie Figueredo. (laq)
April 29, 2022 Opinion or Order Filing 130 MEMORANDUM OF LAW in Opposition re: #81 MOTION to Certify Class . . Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8).(LaSalle, John)
April 29, 2022 Opinion or Order Filing 129 REPLY MEMORANDUM OF LAW in Support re: #81 MOTION to Certify Class . . Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit 42, #2 Exhibit 43, #3 Exhibit 44, #4 Exhibit 46).(Carullo, Nicholas)
April 29, 2022 Opinion or Order Filing 128 MEMORANDUM OF LAW in Support re: #81 MOTION to Certify Class . . Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 24, #21 Exhibit 28, #22 Exhibit 32, #23 Exhibit 33, #24 Exhibit 34, #25 Exhibit 34, #26 Exhibit 36, #27 Exhibit 37, #28 Exhibit 38, #29 Exhibit 39, #30 Exhibit 40).(Carullo, Nicholas)
April 26, 2022 Opinion or Order Filing 127 JOINT STIPULATION AND ORDER: NOW THEREFORE, it is hereby stipulated by and between the parties, subject to approval and order of the Court, that: 1. The parties shall mediate on or before November 1, 2022; 2. Any motion for summary judgment shall be filed by November 17, 2022; 3. Any opposition to a motion for summary judgment shall be filed by March 9, 2023; 4. Any reply brief in further support of summary judgment shall be filed by April 27, 2023; 5. The entry of the above briefing schedule for summary judgment dispenses with the parties' obligation to submit pre-motion requests pursuant to Individual Rule 2.A. SO ORDERED. ( Motions due by 11/17/2022., Responses due by 3/9/2023, Replies due by 4/27/2023.) (Signed by Judge Andrew L. Carter, Jr on 4/26/2022) (ate)
April 25, 2022 Opinion or Order Filing 126 PROPOSED STIPULATION AND ORDER. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
April 20, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #125 Proposed Order was reviewed and approved as to form. (km)
April 19, 2022 Opinion or Order Filing 125 PROPOSED ORDER. Document filed by Vida Longevity Fund, LP. Related Document Number: [ECF # 122]..(Ard, Seth) Proposed Order to be reviewed by Clerk's Office staff. Modified on 4/20/2022 (km).
April 19, 2022 Opinion or Order Filing 124 DECLARATION of Jennifer M. Keough in Support re: #122 MOTION to Approve Form and Manner of Class Notice .. Document filed by Vida Longevity Fund, LP..(Ard, Seth)
April 19, 2022 Opinion or Order Filing 123 MEMORANDUM OF LAW in Support re: #122 MOTION to Approve Form and Manner of Class Notice . . Document filed by Vida Longevity Fund, LP..(Ard, Seth)
April 19, 2022 Opinion or Order Filing 122 MOTION to Approve Form and Manner of Class Notice . Document filed by Vida Longevity Fund, LP..(Ard, Seth)
March 31, 2022 Opinion or Order Filing 121 OPINION AND ORDER re: #97 LETTER MOTION to Seal Plaintiff's Reply Memorandum of Law in Support of Plaintiff's Motion for Class Certification [dkt 95] and Exhibits 42-44 and 46 to Declaration of Nicholas Carullo [dkt 96] addressed to Judge Andrew L. Carter, J filed by Vida Longevity Fund, LP, #81 MOTION to Certify Class . filed by Vida Longevity Fund, LP, #102 MOTION to Seal . filed by Lincoln Life & Annuity Company of New York, #80 LETTER MOTION to Seal Plaintiff's Brief in Support of Plaintiff's Motion for Class Certification [dkt 77], along with Exhibits 1-34 and Exhibits 36-40 [dkt 79] addressed to Judge Andrew L. Carter, Jr. from Nicholas Carullo dated Jun filed by Vida Longevity Fund, LP, #85 LETTER MOTION to Seal Defendant's Memorandum of Law in Opposition to Motion to Certify Class (dkt. # 83) and Exhibits 1, 2, 3, 5, 6, 7, 8 and 12 to Declaration of John F. LaSalle in Opposition (dkt. # 84) addressed to Judge And filed by Lincoln Life & Annuity Company of New York. For the reasons above, Plaintiff's motion for class certification is GRANTED, and Defendant's motion to seal is GRANTED in part and DENIED in part. The Parties are hereby ORDERED to file redacted versions of the documents referenced above on ECF within 30 days of the filing of this Order. The Court reserves the right to request additional briefing on whether these documents should remain sealed at a later stage in this litigation. The Clerk of the Court is respectfully directed to terminate ECF Nos. 80, 81, 85, 97, 102. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/31/2022) (jca)
February 15, 2022 Opinion or Order Filing 120 REPLY MEMORANDUM OF LAW in Support re: #102 MOTION to Seal . . Document filed by Lincoln Life & Annuity Company of New York..(LaSalle, John)
February 8, 2022 Opinion or Order Filing 119 LETTER addressed to Judge Andrew L. Carter, Jr. from Nicholas Carullo dated February 8, 2022 re: Plaintiff's withdrawal of its Letter Motion to Seal. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
February 8, 2022 Opinion or Order Filing 118 PROPOSED ORDER. Document filed by Vida Longevity Fund, LP. Related Document Number: #117 ..(Carullo, Nicholas) Proposed Order to be reviewed by Clerk's Office staff.
February 8, 2022 Opinion or Order Filing 117 RESPONSE in Opposition to Motion re: #102 MOTION to Seal . . Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
February 8, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #118 Proposed Order was reviewed and approved as to form. (km)
February 1, 2022 Opinion or Order Filing 116 ORDER: The Court is in receipt of Defendant's letter dated January 25, 2022. ECF No. 115. The Court kindly requests that the Parties submit courtesy copies of ECF No. 107 and attachments via email. (Signed by Judge Andrew L. Carter, Jr on 2/1/2022) (ate)
January 25, 2022 Opinion or Order Filing 115 LETTER addressed to Judge Andrew L. Carter, Jr. from John F. LaSalle dated January 25, 2022 re: Defendant's Motion to Seal. Document filed by Lincoln Life & Annuity Company of New York..(LaSalle, John)
January 21, 2022 Opinion or Order Filing 114 LETTER addressed to Judge Andrew L. Carter, Jr. from Nicholas Carullo dated January 21, 2022 re: Brief in Support of Class Certification. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
January 18, 2022 Opinion or Order Filing 113 ORDER: The Parties are hereby ORDERED to provide justification for their respective motions to seal by February 8, 2022. (Signed by Judge Andrew L. Carter, Jr on 1/18/2022) (ate)
October 13, 2021 Opinion or Order Filing 112 ORDER granting in part and denying in part #86 and #88 Letter Motion to Compel. This Court has reviewed the transcript of Mr. Zail's deposition and finds that, due to the complexity of his opinions, their relevance to the claims and defenses asserted in this action, and the seemingly protracted responses that the witness gave to many of the questions posed, Defendant has shown good cause for continuing the deposition. Plaintiff is therefore directed to produce Mr. Zail for additional deposition questioning. At this time, however, this Court will only approve an additional 3.5 hours of such questioning. If, as the deposition progresses, Defendant's counsel comes to believe that the questioning cannot reasonably be completed within that time, then counsel should confer in good faith, and, if they are unable to resolve the issue, contact this Court for a further ruling. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
October 13, 2021 Opinion or Order Filing 111 ORDER granting #87 Letter Motion to Seal; granting #90 Letter Motion to Seal; granting #93 Letter Motion to Seal; granting #98 Letter Motion to Seal. This Court has reviewed the documents sought to be sealed on these motions and has determined that sealing is appropriate at this time. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
October 6, 2021 Opinion or Order Filing 110 REPLY re: #108 Notice (Other) . Document filed by Vida Longevity Fund, LP..(Ard, Seth)
October 1, 2021 Opinion or Order Filing 109 RESPONSE re: #108 Notice (Other) . Document filed by Lincoln Life & Annuity Company of New York..(Vickery, Alan)
September 29, 2021 Opinion or Order Filing 108 NOTICE of of Supplemental Authority re: #81 MOTION to Certify Class .. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit 1).(Ard, Seth)
September 24, 2021 Opinion or Order Filing 107 ***SELECTED PARTIES***DECLARATION of John F. LaSalle in Support re: #102 MOTION to Seal .. Document filed by Lincoln Life & Annuity Company of New York, Vida Longevity Fund, LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31)Motion or Order to File Under Seal: #102 .(La Salle, John)
September 24, 2021 Opinion or Order Filing 106 PROPOSED ORDER. Document filed by Lincoln Life & Annuity Company of New York. Related Document Number: #102 ..(La Salle, John) Proposed Order to be reviewed by Clerk's Office staff.
September 24, 2021 Opinion or Order Filing 105 DECLARATION of John F. LaSalle in Support re: #102 MOTION to Seal .. Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 (Slipsheet), #3 Exhibit 3 (Slipsheet), #4 Exhibit 4 (Slipsheet), #5 Exhibit 5 (Slipsheet), #6 Exhibit 6 (Slipsheet), #7 Exhibit 7 (Slipsheet), #8 Exhibit 8 (Redacted), #9 Exhibit 9 (Slipsheet), #10 Exhibit 10 (Slipsheet), #11 Exhibit 11 (Slipsheet), #12 Exhibit 12 (Slipsheet), #13 Exhibit 13 (Slipsheet), #14 Exhibit 14 (Slipsheet), #15 Exhibit 15 (Slipsheet), #16 Exhibit 16 (Slipsheet), #17 Exhibit 17 (Slipsheet), #18 Exhibit 18 (Slipsheet), #19 Exhibit 19 (Slipsheet), #20 Exhibit 20 (Slipsheet), #21 Exhibit 21 (Slipsheet), #22 Exhibit 22 (Slipsheet), #23 Exhibit 23 (Slipsheet), #24 Exhibit 24 (Slipsheet), #25 Exhibit 25 (Slipsheet), #26 Exhibit 26 (Slipsheet), #27 Exhibit 27 (Slipsheet), #28 Exhibit 28 (Redacted), #29 Exhibit 29 (Slipsheet), #30 Exhibit 30 (Slipsheet), #31 Exhibit 31 (Slipsheet)).(La Salle, John)
September 24, 2021 Opinion or Order Filing 104 DECLARATION of Laura Muse in Support re: #102 MOTION to Seal .. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
September 24, 2021 Opinion or Order Filing 103 MEMORANDUM OF LAW in Support re: #102 MOTION to Seal . . Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit 1).(La Salle, John)
September 24, 2021 Opinion or Order Filing 102 MOTION to Seal . Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
September 24, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #106 Proposed Order was reviewed and approved as to form. (km)
September 20, 2021 Opinion or Order Filing 101 PROPOSED ORDER. Document filed by Lincoln Life & Annuity Company of New York. Related Document Number: #98 ..(La Salle, John) Proposed Order to be reviewed by Clerk's Office staff.
September 20, 2021 Opinion or Order Filing 100 DECLARATION of Laura Muse in Support re: #98 MOTION to Seal (Motion to Maintain Under Seal Documents Related to Letter Motion to Compel).. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
September 20, 2021 Opinion or Order Filing 99 MEMORANDUM OF LAW in Support re: #98 MOTION to Seal (Motion to Maintain Under Seal Documents Related to Letter Motion to Compel). . Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit 1).(La Salle, John)
September 20, 2021 Opinion or Order Filing 98 MOTION to Seal (Motion to Maintain Under Seal Documents Related to Letter Motion to Compel). Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
September 20, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #101 Proposed Order was reviewed and approved as to form. (km)
September 3, 2021 Opinion or Order Filing 97 LETTER MOTION to Seal Plaintiff's Reply Memorandum of Law in Support of Plaintiff's Motion for Class Certification [dkt 95] and Exhibits 42-44 and 46 to Declaration of Nicholas Carullo [dkt 96] addressed to Judge Andrew L. Carter, Jr. from Nicholas Carullo dated September 3, 2021. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
September 3, 2021 Opinion or Order Filing 96 DECLARATION of Nicholas C. Carullo in Support re: #81 MOTION to Certify Class .. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit 42 - Filed Under Seal, #2 Exhibit 43 - Filed Under Seal, #3 Exhibit 44 - Filed Under Seal, #4 Exhibit 45, #5 Exhibit 46 - Filed Under Seal).(Carullo, Nicholas)
September 3, 2021 Opinion or Order Filing 95 REPLY MEMORANDUM OF LAW in Support re: #81 MOTION to Certify Class . REDACTED. Document filed by Vida Longevity Fund, LP..(Ard, Seth)
August 30, 2021 Opinion or Order Filing 94 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 30, 2021 re: #86 LETTER MOTION to Compel Howard Zail to appear addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 24, 2021. . Document filed by Lincoln Life & Annuity Company of New York, Vida Longevity Fund, LP. Motion or Order to File Under Seal: #93 .(La Salle, John)
August 30, 2021 Opinion or Order Filing 93 LETTER MOTION to Seal Defendant's Letter Reply to Response to Motion (dkt # 92) addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 30, 2021. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
August 30, 2021 Opinion or Order Filing 92 LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 30, 2021 re: #86 LETTER MOTION to Compel Howard Zail to appear addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 24, 2021. . Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
August 27, 2021 Opinion or Order Filing 91 ***SELECTED PARTIES***LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Debra C. Freeman from Nick Carullo dated August 27, 2021 re: #86 LETTER MOTION to Compel Howard Zail to appear addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 24, 2021. . Document filed by Vida Longevity Fund, LP, Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #90 .(Carullo, Nicholas)
August 27, 2021 Opinion or Order Filing 90 LETTER MOTION to Seal Plaintiff's Opposition to Defendant's Request for a Discovery Conference [dkt. 89] addressed to Magistrate Judge Debra C. Freeman from Nick Carullo dated August 27, 2021. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
August 27, 2021 Opinion or Order Filing 89 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Nick Carullo dated August 27, 2021 re: #86 LETTER MOTION to Compel Howard Zail to appear addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 24, 2021. REDACTED. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B, #3 Exhibit C - Redacted).(Carullo, Nicholas)
August 24, 2021 Opinion or Order Filing 88 ***SELECTED PARTIES*** LETTER MOTION to Compel Howard Zail to appear addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 24, 2021. Document filed by Lincoln Life & Annuity Company of New York, Vida Longevity Fund, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Motion or Order to File Under Seal: #87 .(La Salle, John)
August 24, 2021 Opinion or Order Filing 87 LETTER MOTION to Seal Letter Motion to Compel with Exhibits A through E (dkt. # 86) addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 24, 2021. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
August 24, 2021 Opinion or Order Filing 86 LETTER MOTION to Compel Howard Zail to appear addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated August 24, 2021. Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit A (redacted), #2 Exhibit B (redacted), #3 Exhibit C (redacted), #4 Exhibit D (redacted), #5 Exhibit E (slipsheet)).(La Salle, John)
August 6, 2021 Opinion or Order Filing 85 LETTER MOTION to Seal Defendant's Memorandum of Law in Opposition to Motion to Certify Class (dkt. # 83) and Exhibits 1, 2, 3, 5, 6, 7, 8 and 12 to Declaration of John F. LaSalle in Opposition (dkt. # 84) addressed to Judge Andrew L. Carter, Jr. from John F. LaSalle dated August 6, 2021. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
August 6, 2021 Opinion or Order Filing 84 DECLARATION of John F. LaSalle in Opposition re: #81 MOTION to Certify Class .. Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit 1 (Slipsheet), #2 Exhibit 2 (Slipsheet), #3 Exhibit 3 (Slipsheet), #4 Exhibit 4, #5 Exhibit 5 (Slipsheet), #6 Exhibit 6 (Slipsheet), #7 Exhibit 7 (Slipsheet), #8 Exhibit 8 (Slipsheet), #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 (Slipsheet), #13 Exhibit 13).(La Salle, John)
August 6, 2021 Opinion or Order Filing 83 MEMORANDUM OF LAW in Opposition re: #81 MOTION to Certify Class . (Redacted). Document filed by Lincoln Life & Annuity Company of New York..(Vickery, Alan)
June 22, 2021 Opinion or Order Filing 82 PROPOSED ORDER. Document filed by Vida Longevity Fund, LP. Related Document Number: #81 ..(Kirkpatrick, Ryan) Proposed Order to be reviewed by Clerk's Office staff.
June 22, 2021 Opinion or Order Filing 81 MOTION to Certify Class . Document filed by Vida Longevity Fund, LP..(Kirkpatrick, Ryan)
June 22, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #82 Proposed Order was reviewed and approved as to form. (km)
June 22, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #78 Proposed Order was reviewed and approved as to form. (km)
June 21, 2021 Opinion or Order Filing 80 LETTER MOTION to Seal Plaintiff's Brief in Support of Plaintiff's Motion for Class Certification [dkt 77], along with Exhibits 1-34 and Exhibits 36-40 [dkt 79] addressed to Judge Andrew L. Carter, Jr. from Nicholas Carullo dated June 21, 2021. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
June 21, 2021 Opinion or Order Filing 79 DECLARATION of Nicholas C. Carullo in Support re: #76 MOTION to Certify Class .. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41).(Kirkpatrick, Ryan)
June 21, 2021 Opinion or Order Filing 78 PROPOSED ORDER. Document filed by Vida Longevity Fund, LP. Related Document Number: #76 ..(Kirkpatrick, Ryan) Proposed Order to be reviewed by Clerk's Office staff.
June 21, 2021 Opinion or Order Filing 77 MEMORANDUM OF LAW in Support re: #76 MOTION to Certify Class . Redacted. Document filed by Vida Longevity Fund, LP..(Kirkpatrick, Ryan)
June 21, 2021 Opinion or Order Filing 76 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #81) - MOTION to Certify Class . Document filed by Vida Longevity Fund, LP..(Kirkpatrick, Ryan) Modified on 6/22/2021 (ldi).
June 16, 2021 Opinion or Order Filing 75 ORDER: The Court is in receipt of the parties' letters regarding Plaintiff's request for a pre-motion conference in connection with Plaintiff's anticipated motion for class certification. ECF Nos. 73, 74. Upon review of the submissions, the Court denies Plaintiff's request for a pre-motion conference. The parties are hereby ORDERED to brief the motion for class certification in accordance with Judge Freeman's briefing schedule. ECF Nos. 64, 68. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/16/2021) (rj)
June 15, 2021 Opinion or Order Filing 74 LETTER addressed to Judge Andrew L. Carter, Jr. from Alan B. Vickery dated June 15, 2021 re: Response to Plaintiff's Request for Pre-Motion Conference. Document filed by Lincoln Life & Annuity Company of New York..(Vickery, Alan)
June 10, 2021 Opinion or Order Filing 73 LETTER addressed to Judge Andrew L. Carter, Jr. from Nicholas Carullo dated June 10, 2021 re: Request for Pre-Motion Conference. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
April 6, 2021 Opinion or Order Filing 72 ORDER granting #69 Motion to Withdraw as Attorney. Attorney Evelyn Neel Fruchter terminated (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
April 5, 2021 Opinion or Order Filing 71 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Lincoln Life & Annuity Company of New York. Related Document Number: #69 ..(Fruchter, Evelyn)
April 5, 2021 Opinion or Order Filing 70 DECLARATION of Evelyn N. Fruchter in Support re: #69 MOTION for Evelyn N. Fruchter to Withdraw as Attorney .. Document filed by Lincoln Life & Annuity Company of New York..(Fruchter, Evelyn)
April 5, 2021 Opinion or Order Filing 69 MOTION for Evelyn N. Fruchter to Withdraw as Attorney . Document filed by Lincoln Life & Annuity Company of New York..(Fruchter, Evelyn)
April 5, 2021 Opinion or Order Filing 68 ORDER granting in part and denying in part #65 Letter Motion for Extension of Time to Complete Discovery. All outstanding deadlines, including for expert discovery and class certification briefing, are extended by two weeks. No further extensions without extraordinary cause shown. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
April 2, 2021 Opinion or Order Filing 67 LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated April 2, 2021 re: #65 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated March 29, 2021. . Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
April 1, 2021 Opinion or Order Filing 66 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Nick Carullo dated April 1, 2021 re: #65 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated March 29, 2021. . Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit A).(Carullo, Nicholas)
March 29, 2021 Opinion or Order Filing 65 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated March 29, 2021. Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit A).(La Salle, John)
January 13, 2021 Opinion or Order Filing 64 ORDER granting #63 Letter Motion for Extension of Time to Complete Discovery. The proposed modified schedule for expert discovery and class certification briefing, as set out on page 2 of counsel's letter, is approved. SO ORDERED.. (Signed by Magistrate Judge Debra C. Freeman on 1/13/2021) (ks)
January 13, 2021 Opinion or Order Filing 63 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated January 13, 2021. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
January 13, 2021 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 6/7/2021. Motions due by 6/7/2021. Responses due by 7/23/2021 Replies due by 8/20/2021. (ks)
December 14, 2020 Opinion or Order Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/10/2020 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.(rro)
December 14, 2020 Opinion or Order Filing 61 TRANSCRIPT of Proceedings re: Telephone Conference held on 12/10/2020 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(rro)
December 10, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held via telephone on 12/10/2020. (aba)
December 4, 2020 Opinion or Order Filing 60 LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from Andrew Villacastin dated December 4, 2020 re: #54 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Andrew Villacastin dated November 30, 2020. . Document filed by Lincoln Life & Annuity Company of New York..(Villacastin, Andrew)
December 4, 2020 Opinion or Order Filing 59 ORDER granting #54 Letter Motion for Local Rule 37.2 Conference. This Court will hold a telephonic conference on 12/10/2020 at 12:00 noon. The parties should call the following Toll-Free Number: (877) 411-9748, and use Access Code: 9612281. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
December 4, 2020 Opinion or Order Filing 58 ORDER denying as moot #55 Letter Motion for Extension of Time to File Response/Reply (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
December 3, 2020 Opinion or Order Filing 57 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Nick Carullo dated December 3, 2020 re: #54 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Andrew Villacastin dated November 30, 2020. . Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(Carullo, Nicholas)
December 2, 2020 Opinion or Order Filing 56 LETTER RESPONSE to Motion addressed to Magistrate Judge Debra C. Freeman from Andrew Villacastin dated December 2, 2020 re: #55 LETTER MOTION for Extension of Time to File Response/Reply as to #54 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Andrew Villacastin dated November 30, 2020. addressed to Ma gistrate Judge Debra C. Freeman. Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit A).(Villacastin, Andrew)
December 1, 2020 Opinion or Order Filing 55 LETTER MOTION for Extension of Time to File Response/Reply as to #54 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Andrew Villacastin dated November 30, 2020. addressed to Magistrate Judge Debra C. Freeman from Nicholas Carullo dated December 1, 2020. Document filed by Vida Longevity Fund, LP..(Carullo, Nicholas)
November 30, 2020 Opinion or Order Filing 54 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Debra C. Freeman from Andrew Villacastin dated November 30, 2020. Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Villacastin, Andrew)
November 19, 2020 Opinion or Order Filing 53 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO REQUESTS FOR ADMISSION BEYOND THE NOVEMBER 30, 2020 FACT DISCOVERY DEADLINE. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that: 1. The time for the Parties to respond to Requests for Admission is extended up to and including December 23, 2020; 2. In the interim, LLANY will provide responses to an additional 50 Requests for Admission on December 10, 2020; 3. The Parties further agree to work in good faith to identify all wholly objectionable Requests for Admission (that is, those to which they do not intend to provide any substantive response), on the basis that they are unclear or seek irrelevant information, by December 10, 2020. 4. No provision of this Stipulation and Order shall otherwise extend the November 30, 2020 fact discovery deadline nor be construed as a waiver of, and both parties expressly reserve, any and all other rights in connection with the aforementioned Requests for Admission. For the avoidance of doubt, Vida expressly reserves its right to seek deposition testimony regarding Requests for Admission as a result of LLANYs answers and LLANY reserves its rights to object to any such request for additional deposition testimony; provided, however, that LLANY shall not object to any such request for additional deposition testimony on the grounds that fact discovery has closed. IT IS SO ORDERED. (Fact Discovery due by 11/30/2020. Responses due by 12/23/2020) (Signed by Magistrate Judge Debra C. Freeman on 11/19/2020) (rjm)
November 19, 2020 Opinion or Order Filing 52 PROPOSED STIPULATION AND ORDER. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
November 17, 2020 Opinion or Order Filing 51 NOTICE OF APPEARANCE by Eric Brenner on behalf of Lincoln Life & Annuity Company of New York..(Brenner, Eric)
November 4, 2020 Opinion or Order Filing 50 ORDER denying #48 Letter Motion for Extension of Time to Complete Discovery. On 7/27/2020, this Court granted an extension of time to complete discovery (Dkt. 46), and the parties have failed to demonstrate why they need an additional extension. Defendants argue that, absent a further extension, they will not be able to coordinate depositions in this case with those in the E.D. Pa. actions because Plaintiffs have refused to take any depositions in those actions until the E.D. Pa. rules on outstanding discovery motions. This Court, however, is not prepared to delay discovery here while the parties wait for a discovery ruling from another court in a separate case. Defendants also argue that, if the E.D. Pa. orders certain documents to be produced after the discovery deadline in this case, such documents may need to be deemed "cross-produced" in this case. If either party believes that particular documents are relevant and discoverable here, it should request their production, and, if necessary, make a timely motion to compel in this jurisdiction. No further discovery extensions will be granted without a particularized showing that, despite diligent efforts, discovery could not reasonably be completed on the schedule set by this Court. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
October 26, 2020 Opinion or Order Filing 49 LETTER RESPONSE to Motion addressed to Magistrate Judge Debra C. Freeman from Ryan Kirkpatrick dated October 26, 2020 re: #48 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated October 22, 2020. . Document filed by Vida Longevity Fund, LP..(Kirkpatrick, Ryan)
October 22, 2020 Opinion or Order Filing 48 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated October 22, 2020. Document filed by Lincoln Life & Annuity Company of New York. (Attachments: #1 Exhibit A, #2 Exhibit B).(La Salle, John)
September 17, 2020 Opinion or Order The parties' jointly proposed briefing schedule for a motion for class certification is adopted. Plaintiff's motion shall be filed no later than 5/7/21; Defendant's opposition shall be filed no later than 7/9/21; Plaintiff's reply, if any, shall be filed no later than 8/6/21. (HEREBY ORDERED by Magistrate Judge Debra Freeman) (Text Only Order) (Freeman, Debra)
July 28, 2020 Opinion or Order Filing 47 STATUS REPORT. Joint Status Report Document filed by Vida Longevity Fund, LP..(Sklaver, Steven)
July 27, 2020 Opinion or Order Filing 46 ORDER granting in part and denying in part #43 Letter Motion for Extension of Time to Complete Discovery. While this Court agrees that, in order to avoid duplicative work, discovery may be coordinated with the cases pending in the Eastern District of Pennsylvania to the extent reasonable and practicable, the parties have still failed to demonstrate why, with two months still remaining on their discovery schedule in this case, they need to extend discovery for an additional five months beyond that. The parties have not described, for example, the documents that remain to be produced in this case, nor have they indicated how long it will reasonably take to complete that production. Nor have they identified any specific witnesses whose depositions have been sought in this case, and whose similar testimony has been sought in the E.D. Pa., but who cannot be deposed jointly in the cases within a shorter period of time than that proposed. Based on the still vague information that has been presented, and in light of the totality of the circumstances, this Court will extend all present discovery deadlines in this case by 60 days, but expects the parties to make diligent efforts to complete discovery within that time, coordinating with the other cases as feasible. Fact discovery to be completed by 11/30/20; expert reports by 2/15/21; rebuttal reports by 3/29/21; expert discovery to be completed by 5/24/21. The parties may stipulate to modify interim deadlines without seeking leave of Court. No further extensions without a particularized showing that, despite diligent efforts, discovery could not reasonably be completed on this schedule. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
July 21, 2020 Opinion or Order Filing 45 ORDER denying #35 Motion for Leave to File Document; denying #22 Motion to Transfer Case. For the foregoing reasons, it is hereby ORDERED that Plaintiff's motion to amend (Dkt. 35) is denied, and Defendant's motion to transfer (Dkt. 22) is also denied. The Clerk of Court is directed to close those motions on the Docket of this action. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 7/21/2020) Copies sent by Chambers to all counsel (via ECF) (ks)
July 21, 2020 Opinion or Order Filing 44 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Motion to Transfer (ECF Nos. 22-23). Referred to Magistrate Judge Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge Andrew L. Carter, Jr on 7/21/2020) (jwh)
July 15, 2020 Opinion or Order Filing 43 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from John LaSalle and Ryan Kirkpatrick dated July 15, 2020. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
May 19, 2020 Opinion or Order Filing 42 AMENDED ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: Motion to Transfer (ECF Nos. 22-23) Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge Andrew L. Carter, Jr on 5/19/2020) (ama)
May 8, 2020 Opinion or Order Filing 41 ORDER denying without prejudice #40 request for an extension of the discovery deadlines. While this Court is cognizant of the fact that the COVID-19 outbreak has caused logistical and other difficulties that may warrant reasonable discovery extensions, and while this Court is also aware that Plaintiff's motion to amend remains pending (and that the motion, if granted, could result in a need for additional discovery), the parties have requested a lengthy discovery extension (five months, in addition to the three months that still remain for the completion of fact discovery) without providing any specific information to justify that extension. With respect to the desire of the parties to coordinate discovery with two cases currently pending in another jurisdiction, counsel have provided no information as to what such coordination would entail, such as the number of depositions that would be common among the cases, when they are scheduled, and so on. Any request for a discovery extension should be supported by a case-specific showing as to why discovery in this action cannot be completed within the period set by the Court. (HEREBY ORDERED by Magistrate Judge Debra Freeman) (Text Only Order) (Freeman, Debra)
April 21, 2020 Opinion or Order Filing 40 LETTER addressed to Magistrate Judge Debra C. Freeman from Ryan Kirkpatrick dated April 21, 2020 re: Request to Extend Discovery Deadlines. Document filed by Vida Longevity Fund, LP..(Kirkpatrick, Ryan)
March 13, 2020 Opinion or Order Filing 39 LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from Seth Ard dated March 13, 2020 re: #35 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Debra C. Freeman from Seth Ard dated February 28, 2020. . Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit A).(Ard, Seth)
March 6, 2020 Opinion or Order Filing 38 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Alan B. Vickery dated March 6, 2020 re: #35 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Debra C. Freeman from Seth Ard dated February 28, 2020. . Document filed by Lincoln Life & Annuity Company of New York..(Vickery, Alan)
March 2, 2020 Opinion or Order Filing 37 ORDER granting #36 Letter Motion for Extension of Time to File Response/Reply. Defendants' time to respond to Plaintiff's letter motion for leave to amend is extended to 3/6/20. Plaintiff's reply by 3/13/20. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
March 2, 2020 Opinion or Order Filing 36 LETTER MOTION for Extension of Time to File Response/Reply as to #35 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Debra C. Freeman from Seth Ard dated February 28, 2020. addressed to Magistrate Judge Debra C. Freeman from John F. LaSalle dated March 2, 2020. Document filed by Lincoln Life & Annuity Company of New York..(La Salle, John)
February 28, 2020 Opinion or Order Filing 35 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Debra C. Freeman from Seth Ard dated February 28, 2020. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit A - Redline of Amended Complaint).(Ard, Seth)
December 9, 2019 Opinion or Order Filing 34 DECLARATION of Robert Sheppard in Support re: #22 MOTION to Transfer Case .. Document filed by Lincoln Life & Annuity Company of New York. (Vickery, Alan)
December 9, 2019 Opinion or Order Filing 33 REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Transfer Case . . Document filed by Lincoln Life & Annuity Company of New York. (Vickery, Alan)
December 9, 2019 Opinion or Order Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 11/1/2019 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...(kgo)
December 9, 2019 Opinion or Order Filing 31 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 11/1/2019 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 12/30/2019. Redacted Transcript Deadline set for 1/9/2020. Release of Transcript Restriction set for 3/9/2020.(kgo) Modified on 12/9/2019 (kgo).
December 2, 2019 Opinion or Order Filing 30 DECLARATION of Ryan C. Kirkpatrick in Opposition re: #22 MOTION to Transfer Case .. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, Part 1 of 7, #3 Exhibit 2, Part 2 of 7, #4 Exhibit 2, Part 3 of 7, #5 Exhibit 2, Part 4 of 7, #6 Exhibit 2, Part 5 of 7, #7 Exhibit 2, Part 6 of 7, #8 Exhibit 2, Part 7 of 7, #9 Exhibit 3, #10 Exhibit 4)(Ard, Seth)
December 2, 2019 Opinion or Order Filing 29 MEMORANDUM OF LAW in Opposition re: #22 MOTION to Transfer Case . . Document filed by Vida Longevity Fund, LP. (Ard, Seth)
November 21, 2019 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Nicholas Carlo Carullo on behalf of Vida Longevity Fund, LP. (Carullo, Nicholas)
November 21, 2019 Opinion or Order Filing 27 NOTICE OF APPEARANCE by Ryan Christopher Kirkpatrick on behalf of Vida Longevity Fund, LP. (Kirkpatrick, Ryan)
November 20, 2019 Opinion or Order Filing 26 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The proposed order is adopted, except that any application to maintain the confidentiality of documents or information at trial shall be made to the trial judge in advance of trial. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 11/20/2019) (kv)
November 20, 2019 Opinion or Order Filing 25 ORDER: The Court is in receipt of Defendant's motion to transfer this case to the United States District Court for the Eastern District of Pennsylvania pursuant to 28 U.S.C. 1404(a). ECF No. 22. Plaintiff is hereby ORDERED to respond to Defendant's motion on or before December 2, 2019. ( Responses due by 12/2/2019) (Signed by Judge Andrew L. Carter, Jr on 11/20/2019) (mro)
November 15, 2019 Opinion or Order Filing 24 PROPOSED PROTECTIVE ORDER. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Exhibit Agreement Regarding ESI and Proposed Order) (Ard, Seth)
November 7, 2019 Opinion or Order Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Transfer Case . . Document filed by Lincoln Life & Annuity Company of New York. (Vickery, Alan)
November 7, 2019 Opinion or Order Filing 22 MOTION to Transfer Case . Document filed by Lincoln Life & Annuity Company of New York.(Vickery, Alan)
November 5, 2019 Opinion or Order Filing 21 SCHEDULING ORDER: The Court having held a telephonic initial pretrial conference on November 5, 2019, with counsel for all parties, it is hereby ORDERED, as stated at the conference, that: as further set forth herein. SO ORDERED. Motions due by 1/31/2020. Fact Discovery due by 9/30/2020. Expert Discovery due by 3/25/2021. (Signed by Magistrate Judge Debra C. Freeman on 11/5/2019) Copies to All counsel (via ECF). (kv)
November 1, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Initial Pretrial Conference held via telephone on 11/1/2019. (aba)
October 3, 2019 Opinion or Order Filing 20 SCHEDULING ORDER: This case having been referred to me for general pretrial supervision, it is hereby ORDERED as follows: 1. The Court will hold an initial pre-trial conference on October 29, 2019, at 11:00 a.m., in the United States Courthouse, 500 Pearl Street, New York, New York, 10007, in Courtroom 17 A. (as further set forth in this Order). SO ORDERED. Initial Conference set for 10/29/2019 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 10/3/2019) Copies to All counsel (via ECF). (kv)
September 28, 2019 Opinion or Order Filing 19 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Andrew L. Carter, Jr on 9/27/2019) (rj)
September 27, 2019 Opinion or Order Filing 18 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Lincoln Life & Annuity Company of New York.(Vickery, Alan)
September 27, 2019 Opinion or Order Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Lincoln National Corporation, Corporate Parent The Lincoln National Life Insurance Company for Lincoln Life & Annuity Company of New York. Document filed by Lincoln Life & Annuity Company of New York.(Vickery, Alan)
September 27, 2019 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Evelyn Neel Fruchter on behalf of Lincoln Life & Annuity Company of New York. (Fruchter, Evelyn)
July 19, 2019 Opinion or Order Filing 15 ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint (Extension of Time to File Answer or Otherwise Respond) addressed to Judge Andrew L. Carter, Jr. from Motty Shulman dated July 18, 2019. SO ORDERED. Lincoln Life & Annuity Company of New York answer due 9/27/2019. (Signed by Judge Andrew L. Carter, Jr on 7/19/2019) (rj)
July 18, 2019 Opinion or Order Filing 14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint (Extension of Time to File Answer or Otherwise Respond) addressed to Judge Andrew L. Carter, Jr. from Motty Shulman dated July 18, 2019. Document filed by Lincoln Life & Annuity Company of New York.(Shulman, Motty)
July 18, 2019 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Andrew Villacastin on behalf of Lincoln Life & Annuity Company of New York. (Villacastin, Andrew)
July 18, 2019 Opinion or Order Filing 12 NOTICE OF APPEARANCE by John Francis La Salle, III on behalf of Lincoln Life & Annuity Company of New York. (La Salle, John)
July 18, 2019 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Motty Shulman on behalf of Lincoln Life & Annuity Company of New York. (Shulman, Motty)
July 18, 2019 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Alan Borden Vickery on behalf of Lincoln Life & Annuity Company of New York. (Vickery, Alan)
July 11, 2019 Opinion or Order Filing 9 ORDER ON MOTION TO ADMIT COUNSEL PRO HAC VICE granting #8 Motion for Steven Gerald Sklaver to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 7/11/2019) (rj)
July 11, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Steven Gerald Sklaver 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)
July 10, 2019 Opinion or Order Filing 8 MOTION for Steven Gerald Sklaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Affidavit Steven G. Sklaver, #2 Exhibit A, #3 Text of Proposed Order)(Sklaver, Steven)
July 10, 2019 Opinion or Order Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Lincoln Life & Annuity Company of New York served on 7/2/2019, answer due 7/23/2019. Service was accepted by COLLEEN DRAPER, DESIGNATED AGENT. Document filed by Vida Longevity Fund, LP. (Ard, Seth)
July 10, 2019 Opinion or Order Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven Gerald Sklaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17220640. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Vida Longevity Fund, LP. (Attachments: #1 Affidavit Steven G. Sklaver, #2 Exhibit A, #3 Text of Proposed Order Proposed Order)(Sklaver, Steven) Modified on 7/10/2019 (wb).
July 10, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Steven Gerald Sklaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17220640. 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 California;. 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)
June 28, 2019 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Lincoln Life & Annuity Company of New York. (jgo)
June 28, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Seth D. Ard. The following case opening statistical information was erroneously selected/entered: Dollar Demand none;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,000,000;. (jgo)
June 28, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Seth D. Ard. The party information for the following party/parties has been modified: Vida Longevity Fund, LP. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
June 28, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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. (jgo)
June 28, 2019 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. (jgo)
June 28, 2019 Opinion or Order Case Designated ECF. (jgo)
June 27, 2019 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Lincoln Life & Annuity Company of New York, re: #1 Complaint. Document filed by Vida Longevity Fund, LP. (Ard, Seth)
June 27, 2019 Opinion or Order Filing 3 CIVIL COVER SHEET filed. (Ard, Seth)
June 27, 2019 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Vida Longevity Fund, LP.(Ard, Seth)
June 27, 2019 Opinion or Order Filing 1 COMPLAINT against Lincoln Life & Annuity Company of New York. (Filing Fee $ 400.00, Receipt Number ANYSDC-17151335)Document filed by Vida Longevity Fund, LP.(Ard, Seth)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Vida Longevity Fund, LP v. Lincoln Life & Annuity Company of New York
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Vida Longevity Fund, LP
Represented By: Seth D. Ard
Represented By: Steven Gerald Sklaver
Represented By: Nicholas Carlo Carullo
Represented By: Ryan Christopher Kirkpatrick
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Lincoln Life & Annuity Company of New York
Represented By: Alan Borden Vickery
Represented By: John Francis La Salle, III
Represented By: Andrew Villacastin
Represented By: Motty Shulman
Represented By: Alan B . Vickery
Represented By: Eric Brenner
Represented By: Evelyn Neel Fruchter
Represented By: John F. LaSalle
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?