Cheung De Wong v. Laurine Lu Cheng, Altice USA, Inc. et al
| YUET NGOR CHEUNG DE WONG |
| LAURINE LU CHENG, ALTICE USA, INC., THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, Laurine Lu Cheng and Altice USA, Inc. |
| 1:2023cv08666 |
| October 3, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 fa Removal - E.R.I.S.A. Employee Benefits |
| None |
Docket Report
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jordan Gottheim. RE-FILE Document No. #21 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): no supporting document(s) have been filed (Affidavit, Affirmation or Declaration. SEE ECF RULE 16.1). Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp)
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Filing 21
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Yuet Ngor Cheung De Wong..(Gottheim, Jordan) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/29/2023 (tp).
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Filing 20
DECLARATION of Jordan Bennen in Support re: #16 MOTION to Dismiss .. Document filed by The Lincoln National Life Insurance Company..(Dalrymple, Jill)
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Filing 19
PROPOSED STIPULATION AND ORDER. Document filed by Yuet Ngor Cheung De Wong..(Gottheim, Jordan)
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Filing 18
AFFIRMATION of Clerk of Court re: #17 Affidavit of Service Complaints (Certificate of Default of Defendant Laurine Lu Cheng). Document filed by Yuet Ngor Cheung De Wong..(Gottheim, Jordan)
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Filing 17
AFFIDAVIT OF SERVICE. Laurine Lu Cheng served on 9/25/2023, answer due 11/14/2023. Service was made by MAIL. Document filed by Yuet Ngor Cheung De Wong..(Gottheim, Jordan)
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Filing 16
MOTION to Dismiss . Document filed by The Lincoln National Life Insurance Company. (Attachments: #1 Exhibit Memorandum in Support of Motion to Dismiss, #2 Exhibit A - Policy, #3 Exhibit B - Beneficiary Designation, #4 Exhibit C - Apr. 11, 2023 Letter, #5 Exhibit D - June 24 and July 31, 2023 Letters, #6 Proposed Order Proposed Order to Dismiss, #7 Exhibit Certificate of Service).(Dalrymple, Jill)
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Filing 15
MOTION to Dismiss Plaintiff's Complaint. Document filed by Altice USA, Inc.. (Attachments: #1 Supplement Brief in Support of Motion to Dismiss, #2 Affidavit Declaration of Peter D'Angelo, #3 Exhibit A, #4 Exhibit B, #5 Affidavit Certification Of Service, #6 Proposed Order in Support of Motion to Dismiss).(Holzapfel, Michael)
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Filing 14
NOTICE OF APPEARANCE by Jill Novak Dalrymple on behalf of The Lincoln National Life Insurance Company..(Dalrymple, Jill)
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Mailed a copy of 13 Order on Motion to Appear Pro Hac Vice to Laurine Lu Cheng at 25 Montgomery Street, Apartment 15G New York, NY 10002. (sha)
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Filing 13
ORDER granting #11 Motion for Sung Cheol Sam Park to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (al)
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Filing 12
NOTICE OF APPEARANCE by Sung Cheol Sam Park on behalf of Altice USA, Inc...(Park, Sung Cheol Sam)
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Filing 11
MOTION for Sung Cheol Sam Park to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28514201. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Altice USA, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Affidavit Letter of Good Standing, #3 Proposed Order Proposed Order).(Park, Sung Cheol Sam)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Sung Cheol Sam Park to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28514201. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Mailed a copy of 10 Order on Motion to Appear Pro Hac Vice to Laurine Lu Cheng at 25 Montgomery Street, Apartment 15G New York, NY 10002. (sha)
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Filing 10
ORDER granting #9 Motion for Michael E. Holzapfel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (al)
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Filing 9
MOTION for Michael E. Holzapfel, Esq. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Altice USA, Inc.. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order for Admission Pro Hac Vice).(Holzapfel, Michael)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Michael E. Holzapfel, Esq. 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)
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Received returned mail re: #6 Order on Motion for Extension of Time to Answer. Mail was addressed to Laurine Lu Cheng at 25 Montgomery Street, Apartment 15G New York, NY 10002 and was returned for the following reason(s): Return To Sender; No such number; Unable to Forward. (sha)
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Filing 8
AFFIDAVIT OF SERVICE. The Lincoln National Life Insurance Company served on 10/12/2023, answer due 11/14/2023. Service was accepted by Keana Rodebush, Corporation Service Company, Authorized Agent. Document filed by Yuet Ngor Cheung De Wong..(Gottheim, Jordan)
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Filing 7
NOTICE OF APPEARANCE by Jordan Gottheim on behalf of Yuet Ngor Cheung De Wong..(Gottheim, Jordan)
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Mailed a copy of #6 Order on Motion for Extension of Time to Answer, to Laurine Lu Cheng at 25 Montgomery Street, Apartment 15G New York, NY 10002. (sha)
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Jaime Sanchez dated 10/6/2023., #1 Notice of Removal,. APPLICATION GRANTED. SO ORDERED. The deadline for all Defendants to respond to Plaintiff's complaint is hereby extended until November 14, 2023. Altice USA, Inc. answer due 11/14/2023; Laurine Lu Cheng answer due 11/14/2023; The Lincoln National Life Insurance Company answer due 11/14/2023. (Signed by Judge Vernon S. Broderick on 10/6/2023) (rro)
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Filing 5
LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Jaime Sanchez dated 10/6/2023. Document filed by Altice USA, Inc...(Sanchez, Jaime)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Altice USA, Inc...(Sanchez, Jaime)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jaime Sanchez. The party information for the following party/parties has been modified: YUET NGOR CHEUNG DE WONG; LAURINE LU CHENG, ALTICE USA, INC.; THE LINCOLN NATIONAL LIFE INSURANCE COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jaime Sanchez. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code Albany;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to Suffolk;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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)
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Magistrate Judge Barbara C. Moses 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)
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ADD PARTY FOR PLEADING. Defendants/Respondents Altice USA, Inc. added. Party added pursuant to #1 Notice of Removal,.Document filed by Altice USA, Inc.. Related document: #1 Notice of Removal,..(Sanchez, Jaime)
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Case Designated ECF. (jgo)
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Filing 2
CIVIL COVER SHEET filed..(Sanchez, Jaime)
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Filing 1
NOTICE OF REMOVAL from NY State Court, County of New York. Case Number: 654146-2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28372536).Document filed by THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, LAURINE LU CHENG, ALTICE USA, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Sanchez, Jaime)
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