Marrett v. Hartford Life and Accident Insurance Company
| Hortense Marrett |
| Hartford Life and Accident Insurance Company |
| 1:2023cv07300 |
| August 17, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| 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 October 2, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER granting #26 Motion for Britney McDonald to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 27
MEMO ENDORSEMENT on re: #25 Letter, filed by Hartford Life and Accident Insurance Company. ENDORSEMENT: Plaintiff's request for discovery is DENIED. The requirement for pre-motion letters and conference is waived. By January 5, 2024, Plaintiff shall file a motion for summary judgment, not to exceed 25 pages. By February 2, 2024, Defendant shall file the opposition and any cross-motion for summary judgment, not to exceed 30 pages. By February 23, 2024, Plaintiff shall file a reply and opposition to Defendant's cross-motion for summary judgment, not to exceed 15 pages. By March 8, 2024, Defendant shall file a reply in support of the cross-motion for summary judgment, not to exceed 10 pages. Notwithstanding these aforementioned page limits, each party has discretion over how to allocate its respective 40 page total of briefing across its two briefs, provided neither party exceeds the 40 pages of briefing total. So Ordered. (Cross Motions due by 2/2/2024. Motions due by 1/5/2024. Replies due by 3/8/2024. Responses due by 2/23/2024). (Signed by Judge Lorna G. Schofield on 9/21/2023) (mml)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Britney McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28311091. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 26 MOTION for Britney McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28311091. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hortense Marrett. (Attachments: #1 Exhibit COGS, #2 Exhibit proposed Order, #3 Affidavit supporting Motion).(McDonald, Britney Anne) |
| Filing 25 LETTER addressed to Judge Lorna G. Schofield from Sophia N. Dauria dated September 19, 2023 re: Proposed Briefing Schedule for Parties' Cross-Motions for Summary Judgment. Document filed by Hartford Life and Accident Insurance Company..(Dauria, Sophia) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Britney McDonald to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hortense Marrett. (Attachments: #1 Exhibit COGS).(McDonald, Britney Anne) Modified on 9/18/2023 (va). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #24 MOTION for Britney McDonald to Appear Pro Hac Vice. 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 Texas; missing Proposed Order; the filing fee was not paid; missing notarized affidavit or declaration pursuant to Local Rule 1.3. 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (va) |
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Filing 23
ORDER: It is hereby ORDERED that the September 13, 2023, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. It is further ORDERED that by September 15, 2023, Plaintiff shall file a letter, not to exceed two pages, describing the discovery she seeks beyond the policy documents and administrative record that are the usual scope of discovery in an ERISA matter, and the factual basis for believing that the discovery is warranted or necessary. Defendant shall file a responsive letter, not to exceed two pages, by September 19, 2023. Defendant's letter shall also include a proposed briefing schedule for a motion for summary judgment that is jointly agreed to by the parties and shall control if Plaintiff's request for discovery is denied. The proposed briefing schedule shall closely approximate three weeks for Defendant to file a motion for summary judgment, three weeks for Plaintiff to file a response and ten days for Defendant to file a reply. It is further ORDERED that the parties' proposal to obtain a private mediator is GRANTED. The parties shall file a joint letter within two days of retaining a mediator and inform the Court of their proposed schedule for mediation. (Signed by Judge Lorna G. Schofield on 9/12/2023) (tg)
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Filing 22
ORDER granting #17 Motion for Brian P. Downey to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 21 AMENDED ANSWER to #1 Complaint. Document filed by Hartford Life and Accident Insurance Company..(Dauria, Sophia) |
| Filing 20 PROPOSED CASE MANAGEMENT PLAN. Document filed by Hartford Life and Accident Insurance Company..(Dauria, Sophia) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by Hartford Life and Accident Insurance Company. ENDORSEMENT: By September 8, 2023, the parties shall jointly file a proposed Civil Case Management Plan and Scheduling Order in the form available on the Court's website (http://nysd.uscourts.gov/judge/Schofield). The parties shall propose dates for the various deadlines even if they intend to request a stay of discovery. (Signed by Judge Lorna G. Schofield on 9/7/2023) (mml)
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| Filing 18 JOINT LETTER addressed to Judge Lorna G. Schofield from Sophia N. Dauria dated September 6, 2023 re: Pre-Conference Joint Status Letter. Document filed by Hartford Life and Accident Insurance Company..(Dauria, Sophia) |
| Filing 17 MOTION for Brian P. Downey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28212602. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hartford Life and Accident Insurance Company. (Attachments: #1 Affidavit of Brian P. Downey, #2 Exhibit Certificate of Good Standing -- Pennsylvania, #3 Exhibit Ohio Certificate of Good Standing, #4 Proposed Order Text).(Downey, Brian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Brian P. Downey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28212602. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 16 NOTICE OF APPEARANCE by Evan Richardson on behalf of Hortense Marrett..(Richardson, Evan) |
| Filing 15 NOTICE OF APPEARANCE by Walker Green Harman, Jr on behalf of Hortense Marrett..(Harman, Walker) |
| Filing 14 ANSWER to #1 Complaint. Document filed by Hartford Life and Accident Insurance Company..(Dauria, Sophia) |
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Filing 13
ORDER: ORDERED that a telephonic conference will be held on September 13, 2023 at 4:20 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are dialed into the conference call by the appointed conference time, as further set forth. Initial Conference set for 9/13/2023 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/18/2023) (mml)
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| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Hartford Financial Services Group, Inc., Corporate Parent Hartford Holdings, Inc. for Hartford Life and Accident Insurance Company. Document filed by Hartford Life and Accident Insurance Company..(Dauria, Sophia) |
| Filing 11 NOTICE OF APPEARANCE by Sophia N. Dauria on behalf of Hartford Life and Accident Insurance Company..(Dauria, Sophia) |
| Filing 10 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 5:23-cv-00701. 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..(tro) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lorna G. Schofield. 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..(tro) |
| Magistrate Judge Gabriel W. Gorenstein 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. (tro) |
| Case Designated ECF. (tro) |
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Filing 9
TEXT ORDER granting #8 Motion to Transfer Case to the Southern District of New York: As the Court has been advised that this matter was filed in the incorrect district, it is ordered that this action is hereby transferred to the Southern District of New York. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/15/2023. (sg) [Transferred from New York Northern on 8/17/2023.]
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| Filing 8 MOTION to Transfer Case to the Southern District filed by Hortense Marrett. Response to Motion due by 9/5/2023. Reply to Response to Motion due by 9/12/2023 (Attachments: #1 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (McDonald, Britney Anne) [Transferred from New York Northern on 8/17/2023.] |
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Filing 7
TEXT ORDER: Court reviewed the amended civil cover sheet (Dkt. No. #6 ) and notes that neither of the counties listed for plaintiff and defendant are in the Northern District of New York ("NDNY"), although plaintiff alleges that the defendant may be "found" within the NDNY. Plaintiff is directed to file a status report by 7/14/2023 showing the defendant's contacts with the NDNY are sufficient to satisfy the "minimum contacts" test for personal jurisdiction laid out in International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945). SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/7/2023. (sg ) [Transferred from New York Northern on 8/17/2023.]
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| Filing 6 AMENDED CIVIL COVER SHEET filed by Hortense Marrett re #1 Complaint. (ztc) [Transferred from New York Northern on 8/17/2023.] |
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Filing 5
TEXT ORDER: Court reviewed docket and notes that plaintiff failed to file an amended cover sheet as ordered in Dkt. No. 4 . The Court sua sponte extends plaintiff's time to file the amended civil cover sheet to 7/12/2023. If plaintiff fails to file the amended civil cover sheet as ordered, the case will be administratively closed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/6/2023. (sg) [Transferred from New York Northern on 8/17/2023.]
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Filing 4
TEXT ORDER: Court has reviewed complaint (Dkt. No. #1 ) and civil cover sheet (Dkt. No. 1-1) which is incomplete. Plaintiff should file an amended civil cover sheet by 6/30/2023 which sets forth the "County of Residence" of the plaintiff and defendant as directed in Part I of the civil cover sheet. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/21/2023. (sg ) [Transferred from New York Northern on 8/17/2023.]
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| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 9/11/2023 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/5/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) [Transferred from New York Northern on 8/17/2023.] |
| Filing 2 Summons Issued as to Hartford Life and Accident Insurance Company. (ztc) [Transferred from New York Northern on 8/17/2023.] |
| Filing 1 COMPLAINT against Hartford Life and Accident Insurance Company (Filing fee $402 receipt number ANYNDC-6331121) filed by Hortense Marrett. (Attachments: #1 Civil Cover Sheet)(ztc) [Transferred from New York Northern on 8/17/2023.] |
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