Walsh v. Bertelsmann, Inc. Welfare Benefit Plan
| Terence Walsh |
| Life Insurance Company of North America and Bertelsmann, Inc. Welfare Benefit Plan |
| 1:2019cv00121 |
| April 11, 2019 |
| US District Court for the Western District of North Carolina |
| Martin Reidinger |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 |
| None |
Docket Report
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| Document Text |
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| Filing 19 Surreply as to #15 by Terence Walsh. (Louzri, Melissa) |
| Filing 18 Case transferred in from District of South Carolina; Case Number 6:19-cv-00013. Original electronic file and docket sheet received. |
| Case assigned to District Judge Martin Reidinger. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Notice to Kristen Willoughby Fox: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 4/18/2019. (rth) |
| Filing 16 TEXT ORDER granting #15 Motion for Leave to File Surreply. The Court has reviewed the filings associated with #10 Defendant's Motion to Dismiss. In these filings, Defendant repeatedly accuses Plaintiff of deliberately disregarding a forum selection clause. Such accusationsparticularly when unsupported by any objective evidenceare unnecessary and unprofessional. The Court has had numerous ERISA cases with Plaintiff's counsel and has always found her to be candid and professional in her representation of her clients. Indeed, it is unsurprising to the Court that Plaintiff's counsel acknowledges (after receiving a copy of the forum selection clause) that venue is proper in the Western District of North Carolina. Under the circumstances of this case, the Court finds that dismissal is improper as the interests of justice favor transferring venue to the Western District of North Carolina. Accordingly, the Court transfers this case to the Western District of North Carolina pursuant to 28 U.S.C. 1406(a), wherein a District Court with proper venue can rule on Defendant's 12(b)(6) Motion. Signed by Honorable Donald C Coggins, Jr on 4/10/2019.(abuc) [Transferred from South Carolina on 4/11/2019.] |
| Filing 15 MOTION Leave to File Surreply re #13 Reply to Response to Motion by Terence Walsh. Response to Motion due by 4/23/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Surreply)No proposed order.(Louzri, Melissa) [Transferred from South Carolina on 4/11/2019.] |
| Filing 13 REPLY to Response to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IMPROPER VENUE Response filed by Bertelsmann, Inc. Welfare Benefit Plan. (Fox, Kristen) [Transferred from South Carolina on 4/11/2019.] |
| Filing 12 RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IMPROPER VENUE Response filed by Terence Walsh.Reply to Response to Motion due by 4/9/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Short Term Disability Income Plan of Bertelsmann, Inc., #2 Leadingham vs. I.E. Du Pont De Nemours and Securian Life Insurance Company)(Louzri, Melissa) [Transferred from South Carolina on 4/11/2019.] |
| Filing 11 Local Rule 26.01 Answers to Interrogatories by Bertelsmann, Inc. Welfare Benefit Plan.(Fox, Kristen) [Transferred from South Carolina on 4/11/2019.] |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IMPROPER VENUE by Bertelsmann, Inc. Welfare Benefit Plan. Response to Motion due by 4/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Affidavit of E. Kirchner and Ex. A, #3 Exhibit B to Kirchner Affidavit, #4 Affidavit of J. Berger)No proposed order.(Fox, Kristen) [Transferred from South Carolina on 4/11/2019.] |
| Filing 9 Amended Summons Issued as to Bertelsmann, Inc. Welfare Benefit Plan. (abuc) [Transferred from South Carolina on 4/11/2019.] |
| Filing 7 Amended Local Rule 26.01 Answers to Interrogatories by Terence Walsh.(Louzri, Melissa) [Transferred from South Carolina on 4/11/2019.] |
| Filing 6 AMENDED COMPLAINT against Bertelsmann, Inc. Welfare Benefit Plan, filed by Terence Walsh. Service due by 4/29/2019 (Louzri, Melissa) [Transferred from South Carolina on 4/11/2019.] |
| Filing 5 SUMMONS Returned Executed by Terence Walsh. Life Insurance Company of North America served on 1/8/2019, answer due 1/29/2019. (Attachments: #1 DOI Letter)(Louzri, Melissa) [Transferred from South Carolina on 4/11/2019.] |
| Filing 4 Summons Issued as to Life Insurance Company of North America. (sfla) [Transferred from South Carolina on 4/11/2019.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Terence Walsh.(sfla) [Transferred from South Carolina on 4/11/2019.] |
| Filing 1 COMPLAINT against Life Insurance Company of North America (Filing fee $ 400 receipt number 0420-8186512) filed by Terence Walsh. Service due by 4/2/2019(sfla) [Transferred from South Carolina on 4/11/2019.] |
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