Nitkewicz et al v. Lincoln Life & Annuity Company of New York
| Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, on behalf of himself and all others similarly situated and Andrew Nitkewicz |
| Lincoln Life & Annuity Company of New York |
| 1:2020cv06805 |
| August 24, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 11
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. The conference scheduled for December 17, 2020 at 10:15 a.m. shall take place as scheduled. In light of the ongoing COVID-19 pandemic, the Court will conduct the conference by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. No later than December 10, 2020, the parties are required to file on ECF a joint letter and proposed case management plan, as provided in the Order issued by the Honorable Paul Gardephe, United States District Judge, and dated August 25, 2020. In accordance with the Court's Individual Rules and Practices, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. (Initial Conference set for 12/17/2020 at 10:15 AM before Judge John Peter Cronan.) (Signed by Judge John Peter Cronan on 10/2/2020) (rro)
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| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Paul G. Gardephe is no longer assigned to the case. (laq) |
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Filing 10
ORDER ON MOTION TO ADMIT COUNSEL PRO HAC VICE granting #9 MOTION for Steven Gerald Sklaver to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 9/1/2020) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Steven Gerald Sklaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21414271. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 9 MOTION for Steven Gerald Sklaver to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21414271. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew Nitkewicz, Andrew Nitkewicz. (Attachments: #1 Affidavit Steven G. Sklaver, #2 Exhibit A, #3 Proposed Order).(Sklaver, Steven) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Lincoln Life & Annuity Company of New York waiver sent on 8/27/2020, answer due 10/26/2020. Document filed by Andrew Nitkewicz..(Ard, Seth) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Lincoln Life & Annuity Company of New York..(dnh) |
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Filing 6
NOTICE OF PRETRIAL CONFERENCE: Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, anyone who appears at any SDNY courthouse must complete a questionnaire and have their temperature taken. Please see the instructions, attached below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers if you do not meet the requirements. (And as further set forth herein.) SO ORDERED. Initial Conference set for 12/17/2020 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 8/25/2020) (jca)
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| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Lincoln Life & Annuity Company of New York, re: #1 Complaint,. Document filed by Andrew Nitkewicz, Andrew Nitkewicz..(Ard, Seth) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Seth D. Ard. The party information for the following party/parties has been modified: Andrew Nitkewicz, Andrew Nitkewicz. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly as part of party name. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Seth D. Ard to RE-FILE Document No. #4 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; this is not an amended summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the summons form PDF. (pne) |
| Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Lincoln Life & Annuity Company of New York, re: #1 Complaint,. Document filed by Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, on behalf of himself and all others similarly situated..(Ard, Seth) Modified on 8/25/2020 (pne). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, on behalf of himself and all others similarly situated..(Ard, Seth) |
| Filing 2 CIVIL COVER SHEET filed..(Ard, Seth) |
| Filing 1 COMPLAINT against Lincoln Life & Annuity Company of New York. (Filing Fee $ 400.00, Receipt Number ANYSDC-21297074)Document filed by Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, on behalf of himself and all others similarly situated..(Ard, Seth) |
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| Plaintiff: Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust | |
| Represented By: | Seth D. Ard |
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| Plaintiff: Andrew Nitkewicz, as Trustee of The Joan C. Lupe Family Trust, on behalf of himself and all others similarly situated | |
| Represented By: | Seth D. Ard |
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| Plaintiff: Andrew Nitkewicz | |
| Represented By: | Seth D. Ard |
| Represented By: | Steven Gerald Sklaver |
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| Defendant: Lincoln Life & Annuity Company of New York | |
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