Labrador v. The Prudential Insurance Company of America
Plaintiff: Ernest Labrador
Defendant: The Prudential Insurance Company of America
Case Number: 5:2018cv00435
Filed: September 7, 2018
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. ยง 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2018 Filing 8 Consent MOTION for Extension of Time to File Answer regarding #4 Amended Complaint, filed by The Prudential Insurance Company of America. (Attachments: #1 Text of Proposed Order Proposed Order) (Hartzog, Dan)
October 15, 2018 Filing 7 Financial Disclosure Statement by The Prudential Insurance Company of America (Hartzog, Dan)
October 15, 2018 Filing 6 Notice of Appearance filed by Dan McCord Hartzog, Jr on behalf of The Prudential Insurance Company of America. (Hartzog, Dan)
October 15, 2018 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #8 Consent MOTION for Extension of Time to File Answer regarding #4 Amended Complaint. (Collins, S.)
October 15, 2018 TEXT ORDER granting Defendant's Consent Motion for Extension of Time #8 . For good cause shown, it is ordered that Defendant shall have up to and including November 7, 2018, within which to answer or otherwise respond to the Amended Complaint #4 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/15/2018. (Hockaday, A.)
September 19, 2018 Filing 5 Summons Issued as to The Prudential Insurance Company of America. Counsel is reminded to print summons and effect service. (Sellers, N.)
September 19, 2018 Filing fee received: $ 400.00, receipt number RAL066910. (Sellers, N.)
September 12, 2018 Filing 4 AMENDED COMPLAINT against The Prudential Insurance Company of America, filed by Ernest Labrador. (Attachments: #1 Index of Exhibits A through BB, #2 Exhibit A: Follow-Up Consultation records, dated October 24, 2013, #3 Exhibit B: Follow-Up Consultation records, dated November 22, 2013, #4 Exhibit C: Summit Cancer Center Initial Office Visit, dated July 8, 2014, #5 Exhibit D: Clinic Notes, dated November 3, 2015, #6 Exhibit E: SSA Notice of Award for Ernest Labrador, #7 Exhibit F: Letter from Prudential to Ernest Labrador, dated March 4, 2014, #8 Exhibit G: Prudential Claim Manager note, dated June 13, 2017, #9 Exhibit H: Follow up with Dr. Goldberg, dated August 12, 2014, #10 Exhibit I: Dr. Goldberg Office Visit and Progress Note, dated December 2, 2014, #11 Exhibit J: Prudential Activities of Daily Living Questionnaire, #12 Exhibit K: Office Visit, dated March 30, 2015, #13 Exhibit L: Office Visit, dated April 3, 2015, #14 Exhibit M: Dr. Mendiratta Capacity Questionnaire, #15 Exhibit N: Initial Consultaiont with Dr. Mendiratta, dated November 3, 2015, #16 Exhibit O: Letter from Prudential, dated March 15, 2016, #17 Exhibit P: Western Wake Surgical Note, dated May 27, 2016, #18 Exhibit Q: Dr. Mendiratta Progress Report, dated June 8, 2016, #19 Exhibit R: Progress Notes, dated April 24, 2017, #20 Exhibit S: Plaintiff's Appeal Letter, dated September 9, 2016, #21 Exhibit T: Physical Therapy Referral, #22 Exhibit U: CT Scan Results for Ernest Labrador, #23 Exhibit Physical Therapy Treatments, #24 Exhibit W: Ophthalmology Progress Notes, #25 Exhibit X: Patient History for Ernest Labrador, #26 Exhibit Exhibit Y: Plaintiff's Second Appeal Letter, dated June 6, 2017, #27 Exhibit Z: Letter from Prudential, dated August 24, 2017, #28 Exhibit AA: Prudential Insurance Long Term Disability Policy, #29 Exhibit BB: Duke Health Progress Notes, dated November 17, 2015) (Nabors, Darryl)
September 12, 2018 Filing 3 Financial Disclosure Statement by Ernest Labrador (Nabors, Darryl)
September 12, 2018 Filing 2 Notice of Appearance filed by Darryl T. Nabors on behalf of Ernest Labrador. (Nabors, Darryl)
September 12, 2018 NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. (i.e., "Exhibit A" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. Due to the volume of exhibits, counsel is directed to refile. (Rudd, D.)
September 12, 2018 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Ernest Labrador. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)
September 12, 2018 Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
September 7, 2018 Filing 1 **Corrected and refiled at #4 ** COMPLAINT against The Prudential Insurance Company of America (Filing fee $ 400.), filed by Ernest Labrador. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Civil Summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB) (Nabors, Darryl) Modified on 10/15/2018 (Collins, S.).

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Defendant: The Prudential Insurance Company of America
Represented By: Dan McCord Hartzog, Jr.
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Plaintiff: Ernest Labrador
Represented By: Darryl T. Nabors
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