Sisselman v. First Reliance Standard Life Insurance Company
| Stephen Sisselman |
| First Reliance Standard Life Insurance Company |
| 1:2022cv01252 |
| February 15, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Document Text |
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| Filing 35 NOTICE OF APPEARANCE by Heather Janene Austin on behalf of First Reliance Standard Life Insurance Company. (Attachments: #1 Certificate of Service).(Austin, Heather) |
| Filing 34 ANSWER to #31 Amended Complaint,. Document filed by First Reliance Standard Life Insurance Company. (Attachments: #1 Certificate of Service).(Bachrach, Joshua) |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Tokio Marine Holdings, Inc. for First Reliance Standard Life Insurance Company. Document filed by First Reliance Standard Life Insurance Company. (Attachments: #1 Certificate of Service).(Bachrach, Joshua) |
| Filing 32 AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Stephen Sisselman. (Attachments: #1 Exhibit Certified Mail Receipt, #2 Exhibit Email Service to Opposing Counsel).(Klotzbuecher, Mark) |
| Filing 31 FIRST AMENDED COMPLAINT amending #25 Amended Complaint, against First Reliance Standard Life Insurance Company.Document filed by Stephen Sisselman. Related document: #25 Amended Complaint,. (Attachments: #1 Exhibit Order, #2 Exhibit Proposed First Amended Complaint).(Klotzbuecher, Mark) |
Filing 30
ORDER: IT IS HEREBY ORDERED that Plaintiff's time to effect service of his original complaint is extended, nunc pro tunc, to March 2, 2022. Plaintiff's counsel must pay better attention to Court rules and deadlines. If Plaintiff was not going to meet the February 11, 2022 service deadline, see Order, Dkt. 11, Plaintiff's counsel should have requested a further adjournment of that deadline. Any future disregard for Court rules and deadlines by Plaintiff's counsel may result in sanctions up to and including monetary sanctions against the attorney personally and the dismissal of the case. IT IS FURTHER ORDERED that the Order to Show Cause, at docket entry 26, is VACATED. IT IS FURTHER ORDERED that the Court grants Plaintiff leave to file a First Amended Complaint. Plaintiff must re-file his FAC by no later than Tuesday, April 5, 2022. He must attach a copy of this Order granting him leave to the pleading. IT IS FURTHER ORDERED that, by no later than Thursday, April 7, 2022, Plaintiff must serve a copy of this Order and his First Amended Complaint on Defendant by mail and on opposing counsel by email and file proof of such service on the docket. IT IS FURTHER ORDERED that, assuming Plaintiff serves Defendant by the April 7, 2022 deadline, Defendant must answer, move, or otherwise respond to the FAC by no later than Thursday, April 28, 2022. The Clerk of Court is respectfully directed to vacate the Order to Show Cause at docket entry 26. SO ORDERED. ( Amended Pleadings due by 4/5/2022., Service due by 4/7/2022.) (Signed by Judge Valerie E. Caproni on 3/31/2022) (tg)
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| Filing 29 NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 1252. Initial Conference set for 5/13/2022 at 03:30 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 3/31/2022) (tg) |
| Filing 28 AFFIDAVIT OF SERVICE of Summons and Complaint,. First Reliance Standard Life Insurance Company served on 3/2/2022, answer due 3/23/2022. Service was accepted by Jessica Femia. Document filed by Stephen Sisselman..(Klotzbuecher, Mark) |
| Filing 27 EXHIBIT TO PLEADING re: #25 Amended Complaint,. Document filed by Stephen Sisselman..(Klotzbuecher, Mark) |
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Filing 26
Vacated as per Judge's Order dated 3/31/2022, Doc. # 30. ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiff must show cause, by no later than Friday, April 8, 2022, why this action should not be dismissed without prejudice for failure to serve or for failure to prosecute. If Plaintiff has served Defendant, Plaintiff must also file proof of service by that date. SO ORDERED. ( Service due by 4/8/2022.) (Signed by Judge Valerie E. Caproni on 3/30/2022) (tg) Modified on 3/31/2022 (tg).
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| Filing 25 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - AMENDED COMPLAINT amending #1 Complaint, against First Reliance Standard Life Insurance Company.Document filed by Stephen Sisselman. Related document: #1 Complaint.(Klotzbuecher, Mark) Modified on 3/29/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark Klotzbuecher re: Document No. #25 Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted; the order granting permission to file the pleading was not attached. 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. (vf) |
| Filing 24 NOTICE OF APPEARANCE by Mark Klotzbuecher on behalf of Stephen Sisselman..(Klotzbuecher, Mark) |
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Mark Klotzbuecher to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 3/9/2022) (tg)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Mark David Klotzbuecher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25828900. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 22 MOTION for Mark David Klotzbuecher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25828900. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stephen Sisselman. (Attachments: #1 Text of Proposed Order for Admission Pro Hac Vice, #2 Affidavit of Mark Klotzbuecher in Support of Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Lam, Gloria) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to First Reliance Standard Life Insurance Company..(gp) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to First Reliance Standard Life Insurance Company, re: #1 Complaint,. Document filed by Stephen Sisselman..(Lam, Gloria) |
| Filing 19 NOTICE OF APPEARANCE by Gloria Chi-Ki Lam on behalf of Stephen Sisselman..(Lam, Gloria) |
| Filing 18 CASE TRANSFERRED IN from the United States District Court - District of Minnesota; Case Number: 0:21-cv-01987. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Valerie E. Caproni. 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Magistrate Judge Sarah Netburn 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. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 17
ORDER granting #16 Motion to Transfer/Change Venue. Signed by Chief Judge John R. Tunheim on 2/7/2022. (HMA) [Transferred from Minnesota on 2/15/2022.]
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| Filing 16 MOTION to Transfer/Change Venue filed by Stephen Sisselman. (Klotzbuecher, Mark) [Transferred from Minnesota on 2/15/2022.] |
| Filing 15 PROPOSED ORDER TO JUDGE re #14 MOTION to Transfer/Change Venue filed by Stephen Sisselman.(Klotzbuecher, Mark) [Transferred from Minnesota on 2/15/2022.] |
| Filing 14 DOCUMENT FILED IN ERROR-WILL REFILE. MOTION to Transfer/Change Venue filed by Stephen Sisselman. (Klotzbuecher, Mark) Modified text on 2/2/2022 (MKB). [Transferred from Minnesota on 2/15/2022.] |
| Filing 13 PROPOSED ORDER TO JUDGE re #12 Stipulation. (Klotzbuecher, Mark) [Transferred from Minnesota on 2/15/2022.] |
| Filing 12 STIPULATION to Transfer Venue to the Southern District of New York, County of New York by Stephen Sisselman. (Klotzbuecher, Mark) [Transferred from Minnesota on 2/15/2022.] |
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Filing 11
ORDER granting #9 Motion for Extension of Time. Plaintiff shall have until and including February 11, 2022 to effect service upon Defendant. Signed by Magistrate Judge John F. Docherty on 1/12/2022. (TJS) [Transferred from Minnesota on 2/15/2022.]
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| Filing 10 PROPOSED ORDER TO JUDGE re #9 MOTION for Extension of Time to Effect Service filed by Stephen Sisselman.(Klotzbuecher, Mark) [Transferred from Minnesota on 2/15/2022.] |
| Filing 9 MOTION for Extension of Time to Effect Service filed by Stephen Sisselman. (Klotzbuecher, Mark) [Transferred from Minnesota on 2/15/2022.] |
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Filing 8
(Text-Only) ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. Pursuant to the Court's (Text-Only) Order at ECF 6, the Court considers Plaintiff's 12/21/2021 Letter to Magistrate Judge at ECF 7 as a showing of good cause that Plaintiff is diligently attempting to serve Defendant in this action. However, Federal Rule of Civil Procedure 4(m) requires this Court to dismiss the action without prejudice if Defendant is not served within 90 days after the complaint is filed absent good cause for the delay, and to date, the Court still has not received proof of service on Defendant, although Plaintiff's 12/21/2021 letter stated that service was anticipated within 7 10 business days. Therefore, Plaintiff shall provide either proof of service on Defendant, or a further showing of good cause, by January 21, 2022. Ordered by Magistrate Judge John F. Docherty on 1/10/2022.(TJS) [Transferred from Minnesota on 2/15/2022.]
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| Filing 7 LETTER TO MAGISTRATE JUDGE by Stephen Sisselman . (Attachments: #1 Exhibit(s) 1)(Klotzbuecher, Mark) [Transferred from Minnesota on 2/15/2022.] |
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Filing 6
(Text-Only) ORDER in Response to #5 Letter to Magistrate Judge. Federal Rule of Civil Procedure 4(m) requires that if a defendant is not served within 90 days after the complaint is filed, the Court on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. The Court finds that good cause exists pursuant to Federal Rule of Civil Procedure 4(m) to grant Plaintiff an extension of time to complete service on Defendant. Plaintiff shall complete service on defendant or provide the Court with further showing of good cause by December 31, 2021. Ordered by Magistrate Judge John F. Docherty on 12/17/2021.(TJS) [Transferred from Minnesota on 2/15/2022.]
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| Filing 5 LETTER TO MAGISTRATE JUDGE by Stephen Sisselman . (Mark Klotzbuecher) Modified text on 12/16/2021 (MMP). [Transferred from Minnesota on 2/15/2022.] |
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Filing 4
ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. See order for details. Signed by Magistrate Judge John F. Docherty on 12/7/2021.(TJS) [Transferred from Minnesota on 2/15/2022.]
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| Filing 3 Summons Issued as to First Reliance Standard Life Insurance Company. (CLK) [Transferred from Minnesota on 2/15/2022.] |
| Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge John R. Tunheim per Civil (3rd, 4th - Master) list, referred to Magistrate Judge John F. Docherty. Please use case number 21-cv-1987 JRT/JFD. (CLK) [Transferred from Minnesota on 2/15/2022.] |
| Filing 1 COMPLAINT against First Reliance Standard Life Insurance Company (filing fee $ 402, receipt number AMNDC-9004784) filed by Stephen Sisselman. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet) (Klotzbuecher, Mark) [Transferred from Minnesota on 2/15/2022.] |
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