Lightner et al v. Lincoln Life Assurance Company of Boston et al
| Bernadette L. Lightner, Kandice L. Lightner, Jaylin R. Lightner, Barbara Lightner, Maurice Lightner, Page R. Lightner, Bridget Lightner and Page R. Lightner, Jr. |
| Liberty Life Assurance Company of Boston, Lincoln National Life Ins. Corp., Lincoln National Corporation, Principal Financial Services, Inc. doing business as Principal Life Insurance Company and Colliers International USA, LLC & Affiliated Employers 401(k) Plan |
| Lincoln Life Assurance Company of Boston, Colliers International USA, LLC and Lincoln National Life Insurance Corporation |
| Dionte M. Long |
| W. Terry Sherrill |
| 3:2021cv00652 |
| December 7, 2021 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Susan C Rodriguez |
| Frank D Whitney |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1001 E.R.I.S.A. |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
401 (k) Account Funds Received from Principal Trust Company for $62,380.45, receipt number 6140 re: #48 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment, Order on Motion to Deposit Funds, Order on Motion for Settlement. (tlj)
|
|
Filing 49
MOTION for Extension of Time To Deposit Funds by Colliers International USA, LLC, Colliers International USA, LLC & Affiliated Employers 401(k) Plan. Responses due by 10/12/2023 (Finegan, Daniel). Motions referred to Susan C. Rodriguez.
|
|
TEXT-ONLY ORDER granting in part and denying in part #49 MOTION for Extension of Time To Deposit Funds. The deadline to deposit funds is extended to 10/19/2023. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 9/28/2023. (DLG)
|
|
Filing 48
ORDER terminating #38 Motion Release of Funds; terminating #39 Motion for Summary Judgment ; terminating #40 Motion Release of Funds; granting #41 Motion to Deposit Funds; granting #47 Motion for Settlement. Signed by District Judge Frank D. Whitney on 9/11/23. (clc)
|
|
Filing 47
Joint MOTION for Settlement by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. Responses due by 9/21/2023 (Attachments: #1 Proposed Order, #2 Settlement Agreement) (McAdoo, Morris)
|
|
Filing 46
ORDER Setting Hearing on Motion #41 MOTION to Deposit Funds , #40 MOTION Release/Transfer Funds , #38 MOTION, #39 MOTION for Summary Judgment :( Motion Hearing set for 9/11/2023 10:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. IT IS ALSO ORDERED that the Court sua sponte continues the trial setting in this matter from the September 11, 2023, term to the term beginning on November 6, 2023 ( Jury Trial set for 11/6/2023 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 8/7/23. (clc)
|
|
Filing 45
REPLY to Response to Motion re #38 MOTION by W. Terry Sherrill. (Sherrill, Wilbert)
|
|
Filing 44
MEMORANDUM in Support re #41 MOTION to Deposit Funds by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. (McAdoo, Morris)
|
|
Filing 43
MEMORANDUM in Opposition re #40 MOTION Release/Transfer Funds by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. Replies due by 5/11/2023 (McAdoo, Morris)
|
|
Filing 42
RESPONSE in Opposition re #38 MOTION by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. Replies due by 5/5/2023 (McAdoo, Morris)
|
|
Filing 41
MOTION to Deposit Funds by Colliers International USA, LLC, Colliers International USA, LLC & Affiliated Employers 401(k) Plan. Responses due by 5/4/2023 (Attachments: #1 Exhibit A - 401k Plan Description, #2 Proposed Order to Deposit Funds and Dismiss Colliers and Principal) (Finegan, Daniel). Modified to remove referral on 5/22/2023 (brl).
|
|
Filing 40
MOTION Release/Transfer Funds by Dionte M. Long. Responses due by 5/4/2023 (Attachments: #1 Affidavit) (Sherrill, Wilbert). Modified to remove referral on 5/22/2023 (brl).
|
|
Filing 39
MOTION for Summary Judgment by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. Responses due by 5/4/2023 (Attachments: #1 Memorandum) (McAdoo, Morris)
|
|
Filing 38
Motion for fees for services by W. Terry Sherrill. re: #22 Order on Motion to Appoint Guardian/Attorney ad Litem, (Attachments: #1 Exhibit)(Sherrill, Wilbert) Modified event on 4/20/2023 (clc).
|
|
Case reassigned to Magistrate Judge Susan C. Rodriguez. Magistrate Judge David S. Cayer no longer assigned to the case. This is your only notice - you will not receive a separate document.(thh)
|
|
Filing 37
ORDER denying #26 Motion to Dismiss for Failure to State a Claim; denying #26 Motion to Dismiss for Lack of Jurisdiction; granting #30 Motion for Partial Summary Judgment. The Court hereby sua sponte extends the dispositive motions deadline. Should the parties seek to resolve any remaining issues via dispositive motions, those motions should be filed no later than April 20, 2023. Signed by District Judge Frank D. Whitney on 3/28/23. (clc)
|
|
Set/Reset Pretrial Order Deadlines: Motions due by 4/20/2023. (clc)
|
|
Filing 36
Pretrial Order and Case Management Plan: Estimated Trial Time: 3 days. Discovery due by 2/15/2023. Motions due by 3/15/2023. Mediation deadline set for 3/1/2023. Jury Trial set for 9/11/2023 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Signed by District Judge Frank D. Whitney on 11/17/22. (clc)
|
|
Filing 35
Joint CERTIFICATION of initial attorney conference and discovery plan (McAdoo, Morris)
|
|
NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 11/9/2022. (clc)
|
|
Filing 34
ANSWER to #16 Answer to Complaint,, Crossclaim,, Counterclaim, by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner.(McAdoo, Morris)
|
|
Filing 33
ANSWER to #18 Answer to Complaint,, Crossclaim,, Counterclaim, by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner.(McAdoo, Morris)
|
|
Filing 32
REPLY to Response to Motion re #30 MOTION for Partial Summary Judgment by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. (McAdoo, Morris)
|
|
Filing 31
MEMORANDUM in Opposition re #30 MOTION for Partial Summary Judgment by Dionte M. Long. Replies due by 7/26/2022 (Attachments: #1 Exhibit, #2 Affidavit)(Sherrill, Wilbert)
|
|
Filing 30
MOTION for Partial Summary Judgment by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. Responses due by 7/19/2022 (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (McAdoo, Morris)
|
|
Filing 29
REPLY to Response to Motion re #26 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Dionte M. Long. (Attachments: #1 Affidavit Administrator Mary Immen)(Sherrill, Wilbert)
|
|
Filing 28
Exhibit by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. Exhibit to #27 Memorandum in Opposition to Motion, (McAdoo, Morris)
|
|
Filing 27
MEMORANDUM in Opposition re #26 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr, Barbara Lightner. Replies due by 6/22/2022 (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B)(McAdoo, Morris)
|
|
Filing 26
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by W. Terry Sherrill. Responses due by 6/15/2022 (Attachments: #1 Memorandum, #2 Exhibit) (Sherrill, Wilbert)
|
|
Filing 25
Notice of Substitution of Counsel by Vanessa N. Garrido on behalf of Lincoln Life Assurance Company of Boston, Lincoln National Corporation, Lincoln National Life Insurance Corporation, Attorney Michael B. Cohen terminated. (Garrido, Vanessa)
|
|
Filing 24
ANSWER to #16 Complaint with Jury Demand on behalf of Dionte Long.(Sherrill, Wilbert)
|
|
Deposit Funds Received: re: #23 Order on Motion to Deposit Funds, $ 286,000.00, receipt number CHD069890 (js)
|
|
Filing 23
ORDER granting #17 Motion to Deposit Funds. IT IS FURTHER ORDERED that, upon deposit of the admitted liability in the amount of $286,000.00 in the Registry of this Court, all claims alleged in this action against TLNLIC, LLACB, and LNC shall be DISMISSED WITH PREJUDICE. Signed by District Judge Frank D. Whitney on 2/15/22. (clc)
|
|
Filing 22
ORDER granting #12 Plaintiff's Motion to Appoint Guardian ad Litem to represent the interests of Defendant Dionte M. Long in this case. W. Terry Sherrill appointed. Signed by Magistrate Judge David S. Cayer on 2/15/22. (mga)
|
|
Filing 21
ANSWER to #1 Complaint,, by Principal Financial Services, Inc..(Stephenson, Jeremy)
|
|
Filing 20
Consent MOTION for Leave to File Answer to Plaintiffs' Complaint by Principal Financial Services, Inc.. Responses due by 2/24/2022 (Attachments: #1 Proposed Order, #2 Exhibit Principal's Answer to Plaintiffs' Complaint) (Stephenson, Jeremy). Motions referred to David S. Cayer.
|
|
TEXT-ONLY ORDER granting #20 Motion for Leave to File Answer. Defendant Principal Financial Services, Inc. is directed to file its Answer forthwith. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/10/2022. (DLG)
|
|
Filing 19
Corporate Disclosure Statement by Colliers International USA, LLC, Colliers International USA, LLC & Affiliated Employers 401(k) Plan (Finegan, Daniel)
|
|
Filing 18
ANSWER to #1 Complaint,, , CROSSCLAIM against Dionte M. Long, COUNTERCLAIM against All Plaintiffs by Colliers International USA, LLC & Affiliated Employers 401(k) Plan, Colliers International USA, LLC.(Finegan, Daniel)
|
|
Filing 17
MOTION to Deposit Funds by Lincoln National Life Insurance Corporation. Responses due by 2/11/2022 (Attachments: #1 Proposed Order) (Cohen, Michael). Motions referred to David S. Cayer.
|
|
Filing 16
ANSWER to #1 Complaint,, , CROSSCLAIM against Dionte M. Long, COUNTERCLAIM against All Plaintiffs by Lincoln Life Assurance Company of Boston, Lincoln National Life Insurance Corporation, Lincoln National Corporation.(Cohen, Michael)
|
|
Filing 15
Consent MOTION for Extension of Time to Answer Plaintiffs' Complaint by Principal Financial Services, Inc.. (Attachments: #1 Proposed Order) (Stephenson, Jeremy). Motions referred to David S. Cayer.
|
|
TEXT-ONLY ORDER denying #15 Consent MOTION for Extension of Time to Answer. It appears that Defendant's initial Motion for Extension of Time to Answer #13 was filed after the time to respond to the Complaint had expired. Denial is without prejudice to Defendant renewing its Motion including a showing of good cause for extension notwithstanding the overdue filing. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/27/2022. (DLG)
|
|
Filing 14
NOTICE of Appearance by Daniel J. Finegan on behalf of Colliers International USA, LLC, Colliers International USA, LLC & Affiliated Employers 401(k) Plan (Finegan, Daniel)
|
|
Filing 13
Consent MOTION for Extension of Time to Answer Plaintiffs' Complaint by Principal Financial Services, Inc.. (Attachments: #1 Proposed Order) (Stephenson, Jeremy). Motions referred to David S. Cayer.
|
|
TEXT-ONLY ORDER denying #13 Consent MOTION for Extension of Time to Answer Plaintiffs' Complaint. Denial is without prejudice to the filing of a motion that states the date the Complaint was served and the current deadline for responding to the Complaint. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/20/2022. (DLG)
|
|
Filing 12
MOTION to Appoint Guardian ad Litem by Bernadette L. Lightner, Bridget Lightner, Jaylin R. Lightner, Kandice L. Lightner, Maurice Lightner, Page R. Lightner, Jr. Responses due by 2/2/2022 (McAdoo, Morris). Motions referred to David S. Cayer.
|
|
Filing 11
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice added W. Kyle Dillard for Lincoln Life Assurance Company of Boston, Lincoln National Corporation, Lincoln National Life Insurance Corporation. Signed by Magistrate Judge David S. Cayer on 1/10/2022. (mek)
|
|
Filing 10
MOTION for Leave to Appear Pro Hac Vice as to W. Kyle Dillard Filing fee $ 288, receipt number CNCWDC-5387462. by Lincoln Life Assurance Company of Boston, Lincoln National Corporation, Lincoln National Life Insurance Corporation. (Cohen, Michael). Motions referred to David S. Cayer.
|
|
Filing 9
ORDER granting #8 Consent MOTION for Extension of Time to Answer re: #1 Complaint. Lincoln Life Assurance Company of Boston answer due 1/31/2022; Lincoln National Corporation answer due 1/31/2022; Lincoln National Life Insurance Corporation answer due 1/31/2022. Signed by Magistrate Judge David S. Cayer on 1/7/2022. (mek)
|
|
Filing 8
Consent MOTION for Extension of Time to Answer re: #1 Complaint,, by Lincoln Life Assurance Company of Boston, Lincoln National Corporation, Lincoln National Life Insurance Corporation. (Attachments: #1 Proposed Order) (Cohen, Michael). Motions referred to David S. Cayer.
|
|
Filing 7
Corporate Disclosure Statement by Lincoln National Corporation (Cohen, Michael)
|
|
Filing 6
Corporate Disclosure Statement by Lincoln National Life Insurance Corporation (Cohen, Michael)
|
|
Filing 5
Corporate Disclosure Statement by Lincoln Life Assurance Company of Boston (Cohen, Michael)
|
|
Filing 4
NOTICE of Appearance by Michael B. Cohen on behalf of Lincoln Life Assurance Company of Boston, Lincoln National Corporation, Lincoln National Life Insurance Corporation (Cohen, Michael)
|
|
Filing 3
Summons Issued Electronically as to Colliers International USA, LLC, Principal Financial Services, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (js)
|
|
Filing 2
Summons Issued Electronically as to Colliers International USA, LLC & Affiliated Employers 401(k) Plan, Lincoln Life Assurance Company of Boston, Lincoln National Corporation, Lincoln National Life Insurance Corporation, Dionte M. Long. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (js)
|
|
Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(js)
|
|
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. (js)
|
|
Filing 1
COMPLAINT against Colliers International USA, LLC, Colliers International USA, LLC & Affiliated Employers 401(k) Plan, Lincoln Life Assurance Company of Boston, Lincoln National Corporation, Lincoln National Life Ins. Corp., Dionte M. Long, Principal Financial Services, Inc. with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5348849), filed by Barbara Lightner, Kandice L. Lightner, Maurice Lightner, Bridget Lightner, Bernadette L. Lightner, Jaylin R. Lightner, Page R. Lightner. (Attachments: #1 Exhibit A)(McAdoo, Morris) (Attachment 1 replaced on 12/8/2021) (js). (Attachment 1 replaced on 12/8/2021) (js). (Attachment 1 replaced again due to corruption on 12/8/2021) (js).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
