M.A. et al v. CIGNA Health and Life Insurance Company et al
| M.A. and A.A. |
| Cigna Health and Life Insurance Company and Eisner LLP Group Life Medical and LTD Plan |
| 1:2023cv06380 |
| July 24, 2023 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 10/18/2023 at 10:00 AM in telephone or video conference.(mnp) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/11/2023.(sge) |
Filing 38
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Civil Rule 83.9 of the United States District Court for the Southern District of New York shall govern the mediation and are directed to participate in the mediation in good faith. Parties are ordered to provide a status update to the Court regarding settlement within one week after the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 9/15/2023. (Signed by Judge Lewis J. Liman on 9/1/2023) (jca)
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Filing 37
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3): All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties have not engaged in settlement discussions. This case is not to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 1 Day. Motions due by 2/21/2024. Deposition due by 1/25/2024. Fact Discovery due by 12/13/2023. Expert Discovery due by 1/25/2024. Discovery due by 2/7/2024. Status Conference set for 12/15/2023 at 12:00 PM before Judge Lewis J. Liman. (And as further set forth herein.) (Signed by Judge Lewis J. Liman on 9/1/2023) (jca)
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| Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 8/30/2023 by Telephone Conference. Brian King present by telephone for Plaintiffs. Kathleen Barrow present by telephone for Defendant, Eisner LLP Group Life Medical and LTD Plan. Case management plan approved. Parties to be referred to the court-annexed SDNY Mediation Program. Parties directed to meet and confer, and send a letter to the Court by September 13, 2023 proposing a timetable for the case to be tried as a bench trial, including dates for briefings. Telephonic Post-Discovery Status Conference set for December 15, 2023 at 12:00PM before Judge Lewis J. Liman. (mf) |
| Filing 36 NOTICE OF APPEARANCE by Kathleen R Barrow on behalf of Eisner LLP Group Life Medical and LTD Plan..(Barrow, Kathleen) |
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Filing 35
ORDER granting #34 Motion for Kathleen Barrow to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (BTS)
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| Filing 34 MOTION for Kathleen Barrow to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eisner LLP Group Life Medical and LTD Plan. (Attachments: #1 Affidavit - Declaration of Kathleen Barrow, #2 Exhibit - Certificates of Good Standing, #3 Proposed Order - Proposed Order).(Barrow, Kathleen) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Kathleen Barrow 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. (va) |
| Filing 33 PROPOSED CASE MANAGEMENT PLAN. Document filed by A.A., M.A...(King, Brian) |
| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kathleen Barrow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28179661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eisner LLP Group Life Medical and LTD Plan. (Attachments: #1 Supplement - Declaration of Kathleen Barrow, #2 Exhibit - Certificates of Good Standing, #3 Proposed Order - Proposed Order).(Barrow, Kathleen) Modified on 8/22/2023 (va). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #32 MOTION for Kathleen Barrow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28179661. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of South Dakota. 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. (va) |
| Filing 31 ANSWER to #19 Amended Complaint. Document filed by Eisner LLP Group Life Medical and LTD Plan..(Wait, John) |
| Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate EisnerAmper, Other Affiliate Eisner Advisory Group, LLC for Eisner LLP Group Life Medical and LTD Plan. Document filed by Eisner LLP Group Life Medical and LTD Plan..(Wait, John) |
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Filing 29
ORDER granting #28 Motion for David Crooks to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (bhk) Transmission to Attorney Services/Help Desk.
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for David Crooks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28106891. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 28 MOTION for David Crooks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28106891. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eisner LLP Group Life Medical and LTD Plan. (Attachments: #1 Affidavit - Declaration of David Crooks, Esq., #2 Exhibit - Certificate of Good Standing, #3 Proposed Order - Proposed Order of Admission Pro Hac Vice).(Crooks, David) |
| Filing 27 NOTICE OF APPEARANCE by John Aubrey Wait on behalf of Eisner LLP Group Life Medical and LTD Plan..(Wait, John) |
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Filing 26
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on August 30, 2023, at 12:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. IT IS FURTHER ORDERED that, by one week prior to the conference, the parties jointly submit to the Court a proposed Case Management Plan and Scheduling Order. A template is available at https://www.nysd.uscourts.gov/hon-lewis-j-liman. This document should be filed electronically on ECF, consistent with the Court's Individual Practices in Civil Cases, which are available on the same webpage. Parties should consult the Individual Practices for guidance on the matters to be discussed at the Initial Pretrial Conference and for the Court's rules with respect to communications with Chambers and other procedural matters. Counsel for Plaintiffs is ordered to notify all counsel of this Notice. SO ORDERED. (Initial Conference set for 8/30/2023 at 12:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 8/4/23) (yv)
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Filing 25
ORDER granting #24 Motion for Brian Smith King to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (rhk). Transmission to Attorney Services/Help Desk.
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| Filing 24 MOTION for Brian Smith King to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28083852. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.A., M.A.. (Attachments: #1 Affidavit Signed Affidavit, #2 Supplement Certificate of good standing, #3 Proposed Order Prop Order for PHV).(King, Brian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Brian Smith King to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28083852. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 23 CASE TRANSFERRED IN from the United States District Court - District of Utah; Case Number: 2:23-cv-00074. Original file certified copy of transfer order and docket entries received. |
| 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. (vba) |
| Case Designated ECF. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis J. Liman. 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..(vba) |
| Magistrate Judge James L. Cott 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. (vba) |
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Filing 22
ORDER: The #20 Motion is GRANTED. This Matter is ORDERED to be transferred to the United States District Court for the Southern District of New York. As to the original #1 Complaint, the #15 Motion to Dismiss is DENIED. As to the Amended #19 Complaint, Defendant Plan shall file an Answer or otherwise respond to the Amended Complaint on or before fourteen (14) business days following completion of the transfer to the Southern District of New York. Signed by Judge Robert J. Shelby on 07/21/2023. (jl) [Transferred from Utah on 7/24/2023.]
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| Filing 21 Motions No Longer Referred: #20 Stipulated MOTION to Change Venue. The district judge will address the motion. (rw) [Transferred from Utah on 7/24/2023.] |
| Filing 20 Stipulated MOTION to Change Venue filed by Defendant Eisner LLP Group Life Medical and LTD Plan. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Romney, Walter) [Transferred from Utah on 7/24/2023.] |
| Filing 19 AMENDED COMPLAINT against Eisner LLP Group Life Medical and LTD Plan. Removed Defendants: Cigna Health and Life Insurance Company. filed by M.A., A.A.. (King, Brian) [Transferred from Utah on 7/24/2023.] |
| Filing 18 ANSWER to Complaint with Affirmative Defenses filed by CIGNA Health and Life Insurance Company.(Bernstein, Michael) [Transferred from Utah on 7/24/2023.] |
| Filing 17 NOTICE of LIMITED APPEARANCE by Walter A. Romney, Jr on behalf of Eisner LLP Group Life Medical and LTD Plan for purpose of Contesting Personal Jurisdiction (Romney, Walter) [Transferred from Utah on 7/24/2023.] |
| Filing 16 AFFIDAVIT/DECLARATION of Lori Reiner in Support re #15 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Eisner LLP Group Life Medical and LTD Plan. (Attachments: #1 Exhibit 1 - Excerpt, Summary Plan Description, #2 Exhibit 2 - Summary of Benefits, #3 Exhibit 3 - Benefits Guide)(Romney, Walter) [Transferred from Utah on 7/24/2023.] |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Eisner LLP Group Life Medical and LTD Plan. Attorney Walter A. Romney, Jr added to party Eisner LLP Group Life Medical and LTD Plan(pty:dft)(Romney, Walter) [Transferred from Utah on 7/24/2023.] |
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Filing 14
DOCKET TEXT ORDER granting #13 Motion for Extension of Time to Answer. Based on the parties' stipulation and for good cause shown, Defendant Cigna Health & Life Insurance Company's deadline to answer or otherwise respond to the complaint is extended to June 29, 2023. Signed by Magistrate Judge Daphne A. Oberg on 5/12/2023. No attached document. (rw) [Transferred from Utah on 7/24/2023.]
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| Filing 13 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint : STIPULATED MOTION TO EXTEND ANSWER DEADLINE OF DEFENDANT CIGNA HEALTH & LIFE INSURANCE COMPANY filed by Defendant CIGNA Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg. Attorney Michael H. Bernstein added to party CIGNA Health and Life Insurance Company(pty:dft)(Bernstein, Michael) [Transferred from Utah on 7/24/2023.] |
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Filing 12
DOCKET TEXT ORDER denying as moot #10 Plaintiff's Motion for Extension of Time to Complete Service for the Eisner LLP Group Life Medical and LTD Plan, based on the filing of a waiver of service from this defendant #11 . Signed by Magistrate Judge Daphne A. Oberg on 5/1/2023. No attached document. (med) [Transferred from Utah on 7/24/2023.]
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| Filing 11 WAIVER OF SERVICE Returned Executed filed by M.A., A.A. as to Eisner LLP Group Life Medical and LTD Plan Waiver sent on 4/30/2023, answer due 6/29/2023. (King, Brian) [Transferred from Utah on 7/24/2023.] |
| Filing 10 Plaintiff's MOTION for Extension of Time To Extend Deadline to Complete Service for the Eisner LLP Group Life Medical and LTD Plan filed by Plaintiffs A.A., M.A.. (Attachments: #1 Text of Proposed Order Extending Deadline to Complete Service for Eisner LLP Group Life Medical and LTD Plan) Motions referred to Daphne A. Oberg.(King, Brian) [Transferred from Utah on 7/24/2023.] |
| Filing 9 SUMMONS Returned Executed by M.A., A.A. as to CIGNA Health and Life Insurance Company served on 4/20/2023, answer due 5/11/2023. (Attachments: #1 Exhibit Official Summons for Cigna)(King, Brian) [Transferred from Utah on 7/24/2023.] |
| Filing 8 Summons Issued Electronically as to Eisner LLP Group Life Medical and LTD Plan. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (haa) [Transferred from Utah on 7/24/2023.] |
| Filing 7 Summons Issued Electronically as to CIGNA Health and Life Insurance Company. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (haa) [Transferred from Utah on 7/24/2023.] |
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Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 02/07/2023. (jl) [Transferred from Utah on 7/24/2023.]
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| Filing 5 NOTICE FROM THE COURT: CASE is referred to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all non-dispositive pretrial matters. No attached document. (rlr) [Transferred from Utah on 7/24/2023.] |
| Filing 4 CASE REFERRED to Magistrate Judge Daphne A. Oberg. (rlr) [Transferred from Utah on 7/24/2023.] |
| Filing 3 RECEIVED Magistrate Availability Form from Plaintiffs A.A., M.A.. (alf) [Transferred from Utah on 7/24/2023.] |
| Filing 2 NOTICE TO PLAINTIFFS OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah is available to conduct proceedings in this case, including a jury or bench trial and entry of a final judgment. The magistrate judge may preside over this case only after the relevant parties voluntarily sign and return the Consent Form. To have a magistrate judge preside over this case, please complete and return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail to the address on the form. Please do not e-file the Consent Form in the case docket. Notice e-mailed or mailed to Plaintiffs A.A., M.A.. Form due by 2/24/2023. (alf) [Transferred from Utah on 7/24/2023.] |
| Filing 1 COMPLAINT against CIGNA Health and Life Insurance Company, Eisner LLP Group Life Medical and LTD Plan (Filing fee $ 402, receipt number AUTDC-4574056) filed by M.A., A.A.. (Attachments: #1 Civil Cover Sheet) (King, Brian) [Transferred from Utah on 7/24/2023.] |
| Judge Robert J. Shelby added. Case number will now read 2:23-cv-00074-RJS. Please make changes to document captions accordingly. (haa) [Transferred from Utah on 7/24/2023.] |
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