Cuccia v. Protective Life Insurance Company
Plaintiff: Kristen Cuccia
Defendant: Protective Life Insurance Company
Case Number: 3:2019cv00361
Filed: July 24, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: David Keesler
Referring Judge: Frank D Whitney
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2019 Opinion or Order Filing 17 Pretrial Order and Case Management Plan: Estimated Trial Time: 3 days. Discovery due by 4/1/2020. Motions due by 5/1/2020. Mediator Designation deadline set for 11/15/2019. Mediation deadline set for 4/15/2020. Jury Trial set beginning on or after 10/5/2020 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Magistrate Judge David Keesler. Signed by Magistrate Judge David Keesler on 9/5/19. (tob)
September 3, 2019 Case reassigned to Magistrate Judge David Keesler. Chief Judge Frank D. Whitney no longer assigned to the case per #15 Joint Stipulation of Consent to Jurisdiction by US Magistrate Judge filed on 8/30/2019. This is your only notice - you will not receive a separate document.(brl)
August 30, 2019 Filing 16 Joint CERTIFICATION of initial attorney conference and discovery plan . ALL Parties Consent to Magistrate Jurisdiction (Malone, J.)
August 30, 2019 Filing 15 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge filed by all parties. (Malone, J.)
August 30, 2019 Filing 14 REPLY to Response to Motion re #4 MOTION to Dismiss for Failure to State a Claim by Protective Life Insurance Company. (Capitano, A.)
August 16, 2019 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to File Response/Reply re: #4 MOTION to Dismiss for Failure to State a Claim . Plaintiff shall have up to and including August 15, 2019 to file her response to Defendant's Partial Motion to Dismiss. As such, Plaintiff's response filed on August 15, 2019 (Document No. #11 ) is deemed timely filed. Defendant shall file a reply in support of its motion to dismiss on or before August 30, 2019. Signed by Magistrate Judge David Keesler on 8/15/19. (mga)
August 15, 2019 Filing 12 MOTION for Extension of Time to File Response/Reply re: #4 MOTION to Dismiss for Failure to State a Claim by Kristen Cuccia. Responses due by 8/29/2019 (Attachments: #1 Proposed Order)(Malone, J.). Motions referred to David Keesler.
August 15, 2019 Filing 11 MEMORANDUM in Opposition re #4 MOTION to Dismiss for Failure to State a Claim by Kristen Cuccia. Replies due by 8/22/2019 (Malone, J.)
August 15, 2019 Filing 10 ANSWER to #5 Answer to Complaint, Counterclaim by Kristen Cuccia.(Malone, J.)
August 1, 2019 Opinion or Order Filing 9 ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Alexander B. Feinberg is hereby admitted pro hac vice to represent Defendant Protective Life Insurance Company. Signed by Magistrate Judge David Keesler on 8/1/19. (mga)
August 1, 2019 Opinion or Order Filing 8 ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. Katharine A. Weber is hereby admitted pro hac vice to represent Defendant Protective Life Insurance Company. Signed by Magistrate Judge David Keesler on 8/1/19. (mga)
August 1, 2019 Notice to Alexander B. Feinberg: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/8/2019. (mga)
August 1, 2019 Notice to Katharine A. Weber: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/8/2019. (mga)
July 31, 2019 Filing 7 MOTION for Leave to Appear Pro Hac Vice as to Alexander B. Feinberg Filing fee $ 281, receipt number 0419-4118091. by Protective Life Insurance Company. (Capitano, A.). Motions referred to David Keesler.
July 31, 2019 Filing 6 MOTION for Leave to Appear Pro Hac Vice as to Katharine A. Weber Filing fee $ 281, receipt number 0419-4118077. by Protective Life Insurance Company. (Capitano, A.). Motions referred to David Keesler.
July 29, 2019 Filing 5 ANSWER to Complaint , COUNTERCLAIM against Kristen Cuccia by Protective Life Insurance Company.(Capitano, A.)
July 29, 2019 Filing 4 Partial MOTION to Dismiss Counts II and III for Failure to State a Claim by Protective Life Insurance Company. Responses due by 8/12/2019 (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Capitano, A.) Modified text on 7/31/2019 to accurately reflect efiled document(rth).
July 24, 2019 Filing 3 NOTICE of Appearance by J. Michael Malone on behalf of Kristen Cuccia (Malone, J.)
July 24, 2019 Filing 2 Corporate Disclosure Statement by Protective Life Insurance Company (Capitano, A.)
July 24, 2019 Filing 1 NOTICE OF REMOVAL with Jury Demand from North Carolina Superior Court-Union County, case number 19CVS01759. (Filing fee $ 400 receipt number 0419-4108515), filed by Protective Life Insurance Company. (Attachments: #1 Exhibit A)(Capitano, A.)
July 24, 2019 Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(mek)
July 24, 2019 Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (mek)

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Defendant: Protective Life Insurance Company
Represented By: A. Todd Capitano
Represented By: Katharine Anne Weber
Represented By: Alexander Bunnen Feinberg
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Plaintiff: Kristen Cuccia
Represented By: J. Michael Malone
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