Gonzalez v. The Lincoln Life & Annuity Company of New York et al
Plaintiff: C. Anthony Gonzalez, as trustee for the GONZALEZ FAMILY IRREVOCABLE TRUST DATED AUGUST 23, 1994 and C. Anthony Gonzalez
Defendant: The Lincoln Life & Annuity Company of New York, VOYA RETIREMENT INSURANCE AND ANNUITY COMPANYM f/k/a Aetna Life Insurance and Annuity Company and Voya Retirement Insurance and Annuity Company
Case Number: 1:2019cv09750
Filed: October 22, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: P Kevin Castel
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2019 Opinion or Order Filing 16 ORDER: granting #15 Letter Motion to Adjourn Conference. Conference adjourned from December 19, 2019 to January 23, 2020 at 11:30 a.m. SO ORDERED. Initial Conference set for 1/23/2020 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 12/10/2019) (ama)
December 10, 2019 Filing 15 LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Alan B. Vickery dated December 10, 2019. Document filed by The Lincoln Life & Annuity Company of New York, Voya Retirement Insurance and Annuity Company.(Vickery, Alan)
November 19, 2019 Opinion or Order Filing 14 ORDER granting [146 in 16-CV-6399] Letter Motion for Extension of Time to File Response/Reply re [137 in 16-CV-6399] MOTION for Summary Judgment; [137 in 16-CV-6399] MOTION for Summary Judgment: OK. Revised schedule approved. The document at DE 142 shall be removed by the Clerk. (Responses due by 12/18/2019 Replies due by 1/17/2020.) (Signed by Judge P. Kevin Castel on 11/19/2019) (jwh)
November 8, 2019 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,. The Lincoln Life & Annuity Company of New York served on 10/29/2019, answer due 1/6/2020. Service was accepted by Robert Freedman, Senior Attorney. Document filed by C. Anthony Gonzalez. (Fearon, Stephen)
November 7, 2019 Filing 12 STIPULATION REGARDING SERVICE OF COMPLAINT AND TIME TO RESPOND: THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND AMONG THE PARTIES HERETO AND THEIR COUNSEL OF RECORD THAT: 1. The undersigned counsel for LLANY hereby accepts service of the Complaint on LLANY' s behalf; and 2. The period for VRIAC and LLANY to respond to the Complaint shall be extended through Monday, January 6, 2020. It is so stipulated and agreed. (The Lincoln Life & Annuity Company of New York answer due 1/6/2020; Voya Retirement Insurance and Annuity Company answer due 1/6/2020.) (Signed by Judge P. Kevin Castel on 11/7/2019) (jwh)
November 7, 2019 Filing 11 NOTICE OF APPEARANCE by Andrew Villacastin on behalf of The Lincoln Life & Annuity Company of New York, Voya Retirement Insurance and Annuity Company. (Villacastin, Andrew)
November 7, 2019 Filing 10 NOTICE OF APPEARANCE by John Francis La Salle, III on behalf of The Lincoln Life & Annuity Company of New York, Voya Retirement Insurance and Annuity Company. (La Salle, John)
November 7, 2019 Filing 9 NOTICE OF APPEARANCE by Motty Shulman on behalf of The Lincoln Life & Annuity Company of New York, Voya Retirement Insurance and Annuity Company. (Shulman, Motty)
November 6, 2019 Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by The Lincoln Life & Annuity Company of New York, Voya Retirement Insurance and Annuity Company. (Vickery, Alan)
November 6, 2019 Filing 7 NOTICE OF APPEARANCE by Alan Borden Vickery on behalf of The Lincoln Life & Annuity Company of New York, Voya Retirement Insurance and Annuity Company. (Vickery, Alan)
October 24, 2019 Opinion or Order Filing 6 ORDER INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear for an Initial Pretrial Conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure on December 19, 2019 at 11:15 a.m. in Courtroom 11D at the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. SO ORDERED. (Initial Conference set for 12/19/2019 at 11:15 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/24/19) (yv)
October 23, 2019 Filing 5 ELECTRONIC SUMMONS ISSUED as to The Lincoln Life & Annuity Company of New York, Voya Retirement Insurance and Annuity Company. (pne)
October 23, 2019 NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case. (wb)
October 23, 2019 Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb)
October 23, 2019 Case Designated ECF. (pne)
October 23, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne)
October 23, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stephen John Fearon, Jr. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne)
October 23, 2019 CASE REFERRED TO Judge P. Kevin Castel as possibly related to 16CV6399. (pne)
October 23, 2019 CASE ACCEPTED AS RELATED. Create association to 1:16-cv-06399-PKC. Notice of Assignment to follow. (wb)
October 23, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephen John Fearon, Jr. The party information for the following party/parties has been modified: C. Anthony Gonzalez, Voya Retirement Insurance and Annuity Company. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted; alias party information was entered incorrectly. (pne)
October 22, 2019 Filing 4 RELATED CASE AFFIRMATION of Stephen J. Fearon, Jr. re: that this action be filed as related to 1:16-cv-06399. Document filed by C. Anthony Gonzalez, as trustee for the GONZALEZ FAMILY IRREVOCABLE TRUST DATED AUGUST 23, 1994.(Fearon, Stephen)
October 22, 2019 Filing 3 CIVIL COVER SHEET filed. (Fearon, Stephen)
October 22, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to The Lincoln Life & Annuity Company of New York and Voya Retirement Insurance And Annuity Company, f/k/a Aetna Life Insurance and Annuity Company, re: #1 Complaint,. Document filed by C. Anthony Gonzalez, as trustee for the GONZALEZ FAMILY IRREVOCABLE TRUST DATED AUGUST 23, 1994. (Fearon, Stephen)
October 22, 2019 Filing 1 COMPLAINT against The Lincoln Life & Annuity Company of New York, VOYA RETIREMENT INSURANCE AND ANNUITY COMPANYM f/k/a Aetna Life Insurance and Annuity Company. (Filing Fee $ 400.00, Receipt Number ANYSDC-17813616)Document filed by C. Anthony Gonzalez, as trustee for the GONZALEZ FAMILY IRREVOCABLE TRUST DATED AUGUST 23, 1994. (Attachments: #1 Exhibit A)(Fearon, Stephen)

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Defendant: The Lincoln Life & Annuity Company of New York
Represented By: Andrew Villacastin
Represented By: Motty Shulman
Represented By: John Francis La Salle, III
Represented By: Alan Borden Vickery
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Defendant: VOYA RETIREMENT INSURANCE AND ANNUITY COMPANYM f/k/a Aetna Life Insurance and Annuity Company
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Defendant: Voya Retirement Insurance and Annuity Company
Represented By: Andrew Villacastin
Represented By: Motty Shulman
Represented By: John Francis La Salle, III
Represented By: Alan Borden Vickery
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Plaintiff: C. Anthony Gonzalez, as trustee for the GONZALEZ FAMILY IRREVOCABLE TRUST DATED AUGUST 23, 1994
Represented By: Stephen John Fearon, Jr
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Plaintiff: C. Anthony Gonzalez
Represented By: Stephen John Fearon, Jr
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