The Guardian Life Insurance Company of America v. Polmateer et al
| The Guardian Life Insurance Company of America |
| Lloyd Polmateer and Sean Joiner |
| 1:2022cv01631 |
| February 28, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Stewart D Aaron |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 45
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/22/2022) (kv)
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| Filing 44 NOTICE of service of discovery demands. Document filed by Sean Joiner, Lloyd Polmateer..(Major, Matthew) |
| Filing 43 PROPOSED PROTECTIVE ORDER. Document filed by The Guardian Life Insurance Company of America. (Attachments: #1 Exhibit Proposed Confidentiality Stipulation and Protective Order).(Michael, Charles) |
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Filing 42
ORDER FOR ADMISSION PRO HAC VICE granting #41 Motion for Matthew R. Major to Appear Pro Hac Vice. The Motion of Matthew R. Major, Esq., for admission to practice pro hac vice in the above-captioned action be, and hereby is, granted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/18/2022) (kl)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Matthew Richard Major 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. (vba) |
| Filing 41 MOTION for Matthew Richard Major to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sean Joiner, Lloyd Polmateer. (Attachments: #1 Affidavit of Matthew Major in support of Motion, #2 Certificate of Filing and Service, #3 Proposed Order).(Major, Matthew) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #39 MOTION for Matthew Richard Major to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25996564. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Missing Notarized Affidavit or Declaration;. 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. (vba) |
| Filing 40 DEMAND for Trial by Jury. Document filed by The Guardian Life Insurance Company of America.(Marshak, Emma) |
| Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Matthew Richard Major to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25996564. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sean Joiner, Lloyd Polmateer. (Attachments: #1 Affidavit of Matthew Major in support of Motion, #2 Certificate of Filing and Service, #3 Proposed Order).(Major, Matthew) Modified on 4/13/2022 (vba). |
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Filing 38
RULE 502(d) ORDER: It is hereby ORDERED as follows: 1. The production of privileged or work-product protected documents, electronically stored information ("ESI") or other information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). 2. Nothing contained herein is intended to or shall serve to limit a party's right to conduct a review of documents, ESI or other information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/11/2022) (kl)
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Filing 37
REPORT OF RULE 26(f)MEETING AND CASE MANAGEMENT PLAN: ENDORSEMENT: The parties' proposed Case Management Plan is approved. In addition, the parties shall file a joint letter regarding the status of discovery on June 15, 2022. SO ORDERED. Amended Pleadings due by 7/20/2022. Deposition due by 10/30/2022. Fact Discovery due by 10/30/2022. (Signed by Magistrate Judge Stewart D. Aaron on 4/11/2022) (kl)
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| Filing 36 PROPOSED CASE MANAGEMENT PLAN. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 35 NOTICE of Service of Discovery (Defendants' Initial Disclosure Statement). Document filed by Sean Joiner, Lloyd Polmateer..(Vespole, Mark) |
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Filing 34
ORDER : It is hereby Ordered that, no later than Friday, April 8, 2022, the parties shall file a proposed Scheduling Order. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/31/2022) (vfr)
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| Filing 33 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Sean Joiner, Lloyd Polmateer..(Vespole, Mark) |
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Filing 32
ORDER granting #31 Motion for Extension of Time to Answer re #31 FIRST LETTER MOTION for Extension of Time to File Answer /Response to Complaint addressed to Judge Analisa Torres from Mark Vespole on behalf of Defendants dated 03/17/2022. Sean Joiner answer due 3/31/2022; Lloyd Polmateer answer due 3/31/2022: Defendants' time to file a responsive pleading to Guardian's Complaint (ECF No. 1) hereby is extended from March 21, 2022, until and including March 31, 2022. The parties are reminded that this case has been referred to the undersigned for general pretrial purposes, such that any non-dispositive matters shall be addressed to the undersigned. (Signed by Magistrate Judge Stewart D. Aaron on 3/18/2022) (Aaron, Stewart)
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| Filing 31 FIRST LETTER MOTION for Extension of Time to File Answer /Response to Complaint addressed to Judge Analisa Torres from Mark Vespole on behalf of Defendants dated 03/17/2022. Document filed by Sean Joiner, Lloyd Polmateer. Return Date set for 3/21/2022 at 11:59 PM..(Vespole, Mark) |
| Filing 30 LETTER addressed to Magistrate Judge Stewart D. Aaron from Charles Michael dated March 11, 2022 re: Request for Production No. 6. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
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Filing 29
ORDER TO ADMIT EMMA MARSHAK PRO HAC VICE granting #26 Motion for Emma Marshak to Appear Pro Hac Vice. The motion of Emma Marshak for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Magistrate Judge Stewart D. Aaron on 3/7/20223) (kl)
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| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 3/1/2022 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... (js) |
| Filing 27 TRANSCRIPT of Proceedings re: Telephone Conference held on 3/1/2022 before Magistrate Judge Stewart D. Aaron. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/6/2022. (js) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Emma Marshak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25816651. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 26 MOTION for Emma Marshak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25816651. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Guardian Life Insurance Company of America. (Attachments: #1 Affidavit of Emma Marshak, #2 Text of Proposed Order to Admit Emma Marshak Pro Hac Vice).(Marshak, Emma) |
| Filing 25 AFFIDAVIT OF SERVICE. Sean Joiner served on 3/1/2022, answer due 3/22/2022. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 24 AFFIDAVIT OF SERVICE. Lloyd Polmateer served on 3/1/2022, answer due 3/22/2022. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 23 NOTICE OF APPEARANCE by Laura A. Stutz on behalf of Sean Joiner, Lloyd Polmateer..(Stutz, Laura) |
| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 3/1/2022. (kl) |
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Filing 22
ORDER granting #6 Letter Motion to Seal; terminating #8 Motion for Order to Show Cause. Following a telephone conference today with the parties, and as addressed on the record during the conference, it is hereby Ordered as follows: 1. No later than March 8, 2022, Defendants shall produce Guardian client lists, client spreadsheets and client data, if any, in their possession, custody or control that are responsive to Plaintiff's Requests for Production Nos. 1 through 5 filed at ECF No. 11-1. 2. No later than March 11, 2022, Defendants shall produce all remaining documents, if any, in their possession, custody or control that are responsive to Plaintiff's Requests for Production Nos. 1 through 5 for the period February 2, 2022 through February 28, 2022. 3. No later than March 11, 2022, Plaintiff shall file a letter indicating whether it intends to pursue the production sought in Request No. 6 at this time and, if so, setting forth a proposed schedule for additional briefing with respect to such request. 4. Until further Order from this Court, Defendants, and any officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them, are ordered to preserve any and all evidence as it relates to this matter, to include computers, cell phones and email accounts. 5. Plaintiff's motion to seal (ECF No. 6) is GRANTED. Having considered the test set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), the Court finds that the proposed redactions and sealing requests are narrowly tailored to protect personal and sensitive business information. Accord Mark v. Gawker Media LLC, No. 13-CV-04347 (AJN), 2015 WL 7288641, at *2 (S.D.N.Y. Nov. 16, 2015) (granting motion to seal personal information and confidential business information). The Clerk of Court is respectfully requested to terminate the motion at ECF No. 8. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/1/2022) (tg)
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| Filing 21 NOTICE OF APPEARANCE by Mark R. Vespole on behalf of Sean Joiner, Lloyd Polmateer..(Vespole, Mark) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Lloyd Polmateer..(lal) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Sean Joiner..(lal) |
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Filing 18
ORDER TO ADMIT MICHAEL J. BARATZ PRO HAC VICE granting #17 Motion for Michael J. Baratz to Appear Pro Hac Vice. The motion of Michael J. Baratz for admission to practice Pro Hac Vice in the above-captioned action is granted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/1/2022) (kl)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Michael J. Baratz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25792269. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 17 MOTION for Michael J. Baratz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25792269. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Guardian Life Insurance Company of America. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order to Admit Michael J. Baratz Pro Hac Vice).(Baratz, Michael) |
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Filing 16
ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference tomorrow, Tuesday, March 1, 2022, at 12:00 p.m. to address Plaintiffs Emergency Motion. (See ECF No. 8.) At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Plaintiff is directed to immediately email a copy of this Order to all affected parties and to call such parties and read to them (or to voicemail) a copy of this Order. SO ORDERED. (Telephone Conference set for 3/1/2022 at 12:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 2/28/2022) (js)
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Filing 15
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), Specific Non-Dispositive Motion/Dispute; Emergency motion for an order to show cause regarding expedited discovery, ECF No. 8. Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. Motions referred to Stewart D. Aaron. (Signed by Judge Analisa Torres on 2/28/2022) (jca)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Lloyd Polmateer..(pc) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Sean Joiner..(pc) |
| Filing 12 ***SELECTED PARTIES***DECLARATION of Leyla Lesina in Support re: #8 EMERGENCY MOTION for Order to Show Cause Re: Expedited Discovery., #6 LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Charles Michael dated February 28, 2022.. Document filed by The Guardian Life Insurance Company of America, Sean Joiner, Lloyd Polmateer. (Attachments: #1 Exhibit A - GA Contract for FFG WDC, #2 Exhibit B - GA Contract for FFG Baltimore, #3 Exhibit C - GA Contract for FFG Philadelphia, #4 Exhibit D - 2.2.22 Resignation Letters from Polmateer and Joiner, #5 Exhibit E - 2.8.22 Letter from Guardian to Polmateer and Joiner, #6 Exhibit F - 2.17.22 Email from Polmateer to Guardian, #7 Exhibit G - 2.14.22 Email with MM link and client info, #8 Exhibit H - 2.16.22 Email regarding applications, #9 Exhibit I - 2.16.22 Email with MM link, #10 Exhibit J - 2.16.22 Email with MM link, #11 Exhibit K - 2.17.22 Email with MM link, #12 Exhibit L - 2.18.2022 Email with MM link, #13 Exhibit M - Specialized MassMutual Recruiting Page, #14 Exhibit N - Standard MassMutual Recruiting Page, #15 Exhibit O - Excerpts of GA Contracts)Motion or Order to File Under Seal: #6 .(Michael, Charles) |
| Filing 11 DECLARATION of Charles Michael in Support re: #8 EMERGENCY MOTION for Order to Show Cause Re: Expedited Discovery.. Document filed by The Guardian Life Insurance Company of America. (Attachments: #1 Exhibit A - Proposed Discovery Requests).(Michael, Charles) |
| Filing 10 DECLARATION of Leyla Lesina in Support re: #8 EMERGENCY MOTION for Order to Show Cause Re: Expedited Discovery.. Document filed by The Guardian Life Insurance Company of America. (Attachments: #1 Exhibit A - Document Filed Under Seal - GA Contract for FFG WDC, #2 Exhibit B - Document Filed Under Seal - GA Contract for FFG Baltimore, #3 Exhibit C - Document Filed Under Seal - GA Contract for FFG Philadelphia, #4 Exhibit D - 2.2.22 Resignation Letters from Polmateer and Joiner, #5 Exhibit E - 2.8.22 Letter from Guardian to Polmateer and Joiner, #6 Exhibit F - 2.17.22 Email from Polmateer to Guardian, #7 Exhibit G - 2.14.22 Email with MM link and client info, #8 Exhibit H - 2.16.22 Email regarding applications, #9 Exhibit I - 2.16.22 Email with MM link, #10 Exhibit J - 2.16.22 Email with MM link, #11 Exhibit K - 2.17.22 Email with MM link, #12 Exhibit L - 2.18.2022 Email with MM link, #13 Exhibit M - Specialized MassMutual Recruiting Page, #14 Exhibit N - Standard MassMutual Recruiting Page, #15 Exhibit O - Excerpts of GA Contracts).(Michael, Charles) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 EMERGENCY MOTION for Order to Show Cause Re: Expedited Discovery. . Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 8 EMERGENCY MOTION for Order to Show Cause Re: Expedited Discovery. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 LETTER MOTION to Seal addressed to Judge Laura Taylor Swain from Charles Michael dated February 28, 2022. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Lloyd Polmateer, re: #1 Complaint. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sean Joiner, re: #1 Complaint. Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Filing 2 CIVIL COVER SHEET filed..(Michael, Charles) |
| Filing 1 COMPLAINT against Sean Joiner, Lloyd Polmateer. (Filing Fee $ 402.00, Receipt Number ANYSDC-25786220)Document filed by The Guardian Life Insurance Company of America..(Michael, Charles) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Victor Marrero is no longer assigned to the case..(wb) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Charles Anthony Michael. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank;. (pc) |
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