Capasso v. The HSBC Finance Corporation Long Term Disability Plan et al
| ANGELA CAPASSO |
| THE HSBC FINANCE CORPORATION LONG TERM DISABILITY PLAN and THE LIBERTY LIFE ASSURANCE COMPANY OF BOSTON |
| 7:2018cv07807 |
| August 27, 2018 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Filing 20 NOTICE OF INITIAL COURT CONFERENCE: Counsel for all parties herein shall attend a conference for the purpose of case management and scheduling pursuant to Fed. R. Civ. P. 16 on November 15, 2018 at 2:45 p.m. in Courtroom 621, Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, New York. Initial Conference set for 11/15/2018 at 02:45 PM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml) |
Filing 19
STIPULATION OF DISMISSAL OF CLAIMS AGAINST DEFENDANT THE HSBC FINANCE CORPORATION LONG TERM DISABILITY PLAN WITHOUT PREJUDICE: Pursuant to Fed. R. Civ. P 41(a)(1)(A)(ii), the parties stipulate to the voluntary dismissal, without prejudice, of the named plan Defendant in the above-referenced matter. This dismissal is premised on the defendants' representation that (i) the employee welfare benefit plan providing the group long term disability benefit in this case is the HSBC North America (U.S.) Consolidated Health & Welfare Benefit Plan (the "Plan"), rather than the HSBC Finance Corporation Long Term Disability Plan (the Policy's identification of the "HSBC Finance Corporation" as the plan Sponsor notwithstanding); (ii) the disability benefits in this case are fully insured by a group long term disability insurance policy issued by Defendant Liberty Life Assurance Company of Boston ("Liberty"); (iii) Liberty is responsible for payment of all disability benefits that may be due to Plaintiff under the Policy; and (iv) Liberty has sole and total control of the claim determination and appeal process with regard to such disability benefits, as further set forth in this Order. The Clerk of Court is respectfully directed to terminate The HSBC Finance Corporation Long Term Disability Plan as a defendant. SO ORDERED. The HSBC Finance Corporation Long Term Disability Plan terminated. (Signed by Judge Cathy Seibel on 10/24/2018) (mml)
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| Filing 18 ANSWER to #1 Complaint. Document filed by The Liberty Life Assurance Company of Boston.(Symonds, Hannah) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Lincoln National Corporation, Corporate Parent The Lincoln National Life Insurance Company for The Liberty Life Assurance Company of Boston. Document filed by The Liberty Life Assurance Company of Boston.(Symonds, Hannah) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #16 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Cathy Seibel for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety; the voluntary dismissal is requesting other relief. (ad) |
| Filing 16 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) The HSBC Finance Corporation Long Term Disability Plan and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Liberty Life Assurance Company of Boston. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Symonds, Hannah) |
| Filing 15 NOTICE OF APPEARANCE by Margaret A. Clemens on behalf of The HSBC Finance Corporation Long Term Disability Plan. (Clemens, Margaret) |
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Filing 14
ORDER granting #13 Motion for Hannah Styron to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 13 MOTION for Hannah Styron Symonds to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Liberty Life Assurance Company of Boston. (Attachments: #1 Affidavit of Hannah Symonds, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Symonds, Hannah) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Hannah Styron Symonds to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Liberty Life Assurance Company of Boston. (Attachments: #1 Affidavit of Hannah Symonds, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Symonds, Hannah) Modified on 10/16/2018 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Hannah Styron Symonds 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): MASSACHUSETTS IS NOT LISTED WITHIN THE MOTION BUT THE CERTIFICATE OF GOOD STANDING IS ATTACHED, IF THE ATTORNEY IS NOT ACTIVE IN MASSACHUSETTS PLEASE REMOVE THE CERTIFICATE OF GOOD STANDING.;. 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.. (ma) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Hannah Styron Symonds 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. (wb) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Hannah Styron Symonds to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15645486. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Liberty Life Assurance Company of Boston. (Attachments: #1 Affidavit of Hannah Styron Symonds, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Symonds, Hannah) Modified on 10/2/2018 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Hannah Styron Symonds to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15645486. 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 North Carolina;. Re-file the motion as a Corrected 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.. (bcu) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer: All Defendants may have until 10/24/18 to respond to the Complaint. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 9 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Cathy Seibel from Evan B. Citron dated September 17, 2018. Document filed by The HSBC Finance Corporation Long Term Disability Plan, The Liberty Life Assurance Company of Boston.(Citron, Evan) |
| Filing 8 NOTICE OF APPEARANCE by Evan Benjamin Citron on behalf of The HSBC Finance Corporation Long Term Disability Plan, The Liberty Life Assurance Company of Boston. (Citron, Evan) |
| Filing 7 ACKNOWLEDGMENT OF SERVICE Summons and Complaint served. The Liberty Life Assurance Company of Boston served on 8/29/2018, answer due 9/19/2018. Service was accepted by Kathleen Granderath Special Deputy Superintendent. Document filed by Angela Capasso. (Wieber, Albert) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to The Liberty Life Assurance Company of Boston. (pne) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to The HSBC Finance Corporation Long Term Disability Plan. (pne) |
| Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Albert Christopher Wieber. The party information for the following parties has been modified: Angela Capasso, The HSBC Finance Corporation Long Term Disability Plan, The Liberty Life Assurance Company of Boston. The information for the parties has been modified for the following reasons: party name was entered in all caps; party role was entered incorrectly. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Albert Christopher Wieber. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction has been made to your case entry: the County code has been modified to New York. (pne) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, re: #1 Complaint. Document filed by ANGELA CAPASSO. (Wieber, Albert) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to THE HSBC FINANCE CORPORATION LONG TERM DISABILITY PLAN, re: #1 Complaint. Document filed by ANGELA CAPASSO. (Wieber, Albert) |
| Filing 2 CIVIL COVER SHEET filed. (Wieber, Albert) |
| Filing 1 COMPLAINT against THE HSBC FINANCE CORPORATION LONG TERM DISABILITY PLAN, THE LIBERTY LIFE ASSURANCE COMPANY OF BOSTON. (Filing Fee $ 400.00, Receipt Number 0208-15499389)Document filed by ANGELA CAPASSO.(Wieber, Albert) |
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