Kavanaugh v. Niagara Falls Memorial Medical Center et al
| Richard Kavanaugh |
| Niagara Falls Memorial Medical Center and Lincoln National Life Insurance Company |
| 1:2023cv00380 |
| May 1, 2023 |
| US District Court for the Western District of New York |
| William M Skretny |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 TEXT ORDER -- IT HEREBY IS ORDERED, that Defendant Lincoln National Life Insurance Company's #13 Motion to Extend Time is GRANTED. Defendant must answer or otherwise respond to Plaintiffs complaint by July 20, 2023. SO ORDERED. Issued by William M. Skretny, United States District Judge on 6/28/2023. (JCM) |
| Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint, by Lincoln National Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Decker, Byrne) |
| Filing 12 TEXT ORDER On June 21, 2023, the Clerk of Court entered #10 default against Defendant Niagara Falls Memorial Medical Center. On that same day, counsel for Plaintiff [11-2] agreed to extend Defendant's time in which to file an answer or otherwise move against the complaint. But it appears that neither party was aware at the time of counsels' agreement that Defendant was already in default. (Decl. of Mark Affronti, Esq., Docket No. 11-1, para. 9.) Defendant then filed a #11 motion to vacate the Clerk's entry of default and extend time to answer. Because it is unclear whether Plaintiff's counsel understood that Defendant was already in default at the time of counsels' agreement, this Court will enter a scheduling order to ensure that there was a meeting of the minds. IT HEREBY IS ORDERED, that Plaintiff must respond to Defendant's #11 motion by July 24, 2023. Defendant may file any reply by July 31, 2023. Oral argument, if necessary, will be schedule by separate order. SO ORDERED.Issued by William M. Skretny, United States District Judge on 6/26/2023. (JCM) |
| Filing 11 MOTION for Extension of Time to File Answer re #10 Clerk's Entry of Default by Niagara Falls Memorial Medical Center. (Attachments: #1 Declaration Attorney Declaration in Support, #2 Exhibit Exhibit A - Email confirming agreement by counsel for extension)(Affronti, Mark) |
| Filing 10 Clerk's ENTRY OF DEFAULT as to Niagara Falls Memorial Medical Center This was mailed to: NIAGARA FALLS MEMORIAL MEDICAL CENTER,. (TMK) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on Niagara Falls Memorial Medical Center, Lori Wolfe on 05/03/2023, filed by Richard Kavanaugh. (Archer Pierrot, Christen) |
| E-Filing Notification regarding #8 First MOTION for Entry of Default against Niagara Falls Memorial Medical Center by Richard Kavanaugh. As it shouldn't be a motion. (TMK) |
| Clerk's Default Not Entered. Plaintiff notified. Reason: No proof of service on file. (TMK) |
| Filing 8 Request for Clerk's Entry of Default against Niagara Falls Memorial Medical Center by Richard Kavanaugh. (Attachments: #1 Affidavit, #2 Exhibit A - AOS, #3 Exhibit B - proposed order, #4 Certificate of Service)(Archer Pierrot, Christen) Modified on 6/15/2023 (TMK). |
| Filing 7 Summons Issued as to Lincoln National Life Insurance Company, Niagara Falls Memorial Medical Center. (TMK) |
| Filing 6 CONTINUATION OF EXHIBITS to #1 Complaint Exhibit 3 redacted. (Archer Pierrot, Christen) |
| Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (TMK) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Filing 5 Original Summons Filed. (Archer Pierrot, Christen) |
| Filing 4 Original Summons Filed. (Archer Pierrot, Christen) |
| Filing 3 Original Summons Filed. (Archer Pierrot, Christen) |
| Filing 2 Original Summons Filed. (Archer Pierrot, Christen) |
| Filing 1 COMPLAINT against Defendants $ 402 receipt number ANYWDC-4861669, filed by Richard Kavanaugh. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Archer Pierrot, Christen) Modified on 5/2/2023 to fix the docket text (TMK). |
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