Davis v. Life Insurance Company of North America
| Heather Davis |
| New York Life Insurance Company and Life Insurance Company of North America |
| 1:2023cv02313 |
| March 17, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Received e-mail from the United States District Court - Eastern District of Pennsylvania acknowledging receipt of transferred case. Assigned Case Number: 2:23-cv-01800, filed on 05/09/2023. (sac) |
Filing 12
STIPULATION AND ORDER TO TRANSFER VENUE: IT IS THEREFORE STIPULATED AND AGREED, by and between the undersigned counsel for all parties, that: 1. Life Insurance Company of North America ("LINA"), a wholly owned subsidiary of New York Life Insurance Company ("New York Life"), issued Policy Nos. LK-751269 (Doc. 1-1) and FLK-960697 (Doc. 1-2) to Kuehne + Nagle, Inc. ("Policies"), under which Plaintiff seeks benefits. LINA fully insures benefits payable under the Policies. 2. New York Life has affirmed that LINA administered the claims for benefits under the Policies that form the basis of Plaintiff's claims against New York Life in this case. If and to the extent the Court awards benefits under either of the Policies to Plaintiff, LINA agrees that it will be responsible for the payment of such benefits under the terms of the Policies. LINA also agrees that it will be responsible for any attorneys' fees, interests, costs and other relief awarded, if any, in connection with this action. 3. LIN A will not raise procedural issues relating to the exclusion of New York Life from this action. 4. LINA does not waive or alter, in any way, any other of its available procedural or substantive defenses in this action and specifically does not waive its right to contend that Plaintiff is not entitled to any relief or recover under the Complaint or the Policies. 5. LINA shall be substituted for New York Life as sole Defendant in this action. New York Life Insurance Company is not a proper Defendant, its involvement in this action is unnecessary, and it should be dismissed as a party. 6. The Clerk of the Court is directed to amend the caption to remove New York Life as Defendant, and add LINA as Defendant, as stated below: as further set forth herein. 7. Pursuant to 28 U.S.C. 1404(a), this action shall be transferred in its entirety to the United States District Court for the Eastern District of Pennsylvania. 8. Within twenty (20) days from the date the transfer of this action is completed, Plaintiff will file in the United States District Court for the Eastern District of Pennsylvania an Amended Complaint eliminating New York Life as a defendant, and asserting her claim against LINA only. 9. Each party shall bear its own attorneys' fees and costs directly related to this Stipulation and the dismissal of Plaintiff's claims against New York Life. The Clerk of Court is directed to amend the caption to replace defendant "New York Life Insurance Company" with "Life Insurance Company of North America." After amending the caption as specified above, the Clerk of Court is directed to transfer this case forthwith to the United States District Court for the Eastern District of Pennsylvania. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/9/2023) (kv)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Pennsylvania.(kv) |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by New York Life Insurance Company..(Begos, Patrick) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, Request for an Extension of Time to Respond to the Complaint addressed to Judge Jennifer H. Rearden from Patrick W. Begos dated April 24, 2023., #1 Complaint. Application GRANTED. The deadline for Defendant New York Life Insurance Company to answer or otherwise respond to the Complaint is extended to May 19, 2023. The Clerk of Court is directed to terminate ECF No. 9. New York Life Insurance Company answer due 5/19/2023. (Signed by Judge Jennifer H. Rearden on 4/25/2023) (kv)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, Request for an Extension of Time to Respond to the Complaint addressed to Judge Jennifer H. Rearden from Patrick W. Begos dated April 24, 2023. Document filed by New York Life Insurance Company..(Begos, Patrick) |
| Filing 8 NOTICE OF APPEARANCE by Patrick Walter Begos on behalf of New York Life Insurance Company..(Begos, Patrick) |
| Filing 7 ACKNOWLEDGMENT OF SERVICE. New York Life Insurance Company served on 3/27/2023, answer due 4/17/2023. Service was accepted by Colleen Draper, Special Deputy Superintendent. Service was made by Certified Mail. Document filed by Heather Davis..(Breazeale, Noah) |
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Filing 6
ORDER granting #5 Motion for Noah A. Breazeale to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kwi)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Noah A. Breazeale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27521318. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 5 MOTION for Noah A. Breazeale to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27521318. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Heather Davis. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing - State of TN, #3 Text of Proposed Order Granting Motion to Appear Pro Hac Vice).(Breazeale, Noah) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to New York Life Insurance Company..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(jgo) |
| Magistrate Judge Jennifer Willis 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York Life Insurance Company, re: #1 Complaint,. Document filed by Heather Davis..(Breazeale, Noah) |
| Filing 2 CIVIL COVER SHEET filed..(Breazeale, Noah) |
| Filing 1 COMPLAINT against New York Life Insurance Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-27487153)Document filed by Heather Davis. (Attachments: #1 Exhibit A - Short Term Disability Policy No. LK-751269, #2 Exhibit B - Long Term Disability Policy No. FLK-960697, #3 Exhibit C - USPS Delivery Confirmation dated January 11, 2023).(Breazeale, Noah) |
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