Shute v. Bank of America, National Association et al
Plaintiff: Jesse Shute
Defendant: Bank of America, National Association and Metropolitan Life Insurance Company
Case Number: 3:2022cv00351
Filed: August 2, 2022
Court: US District Court for the Western District of North Carolina
Presiding Judge: Robert J Conrad
Referring Judge: David Keesler
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2022 Opinion or Order Filing 19 ORDER denying as moot, without prejudice #12 Plaintiff's MOTION to Remand for Lack of Subject Matter Jurisdiction and Motion for Attorney Fees. Plaintiff may refile this motion on or before November 30, 2022. Denying as moot, without prejudice #13 Plaintiff's MOTION for Limited Jurisdictional Discovery. Plaintiff may refile this motion on or before November 30, 2022 if the settlement fails and a Stipulation of Dismissal is not filed. Stipulation of Dismissal due on or before October 28, 2022. Signed by Magistrate Judge David Keesler on 9/28/22. (mga)
September 28, 2022 Filing 18 Parties Notice of Settlement. COURT NOTICE to the Parties: Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court may dismiss the case without prejudice. Case Settlement Deadline 10/28/2022. (Haynes, Sonny)
September 21, 2022 Opinion or Order Filing 17 ORDER granting Defendants' #16 Motion for Extension of Time to File Response/Reply re: #12 Motion to Remand to State Court, Motion for Attorney Fees, and #13 Motion for Limited Jurisdictional Discovery. Responses due by 9/29/2022. Signed by Magistrate Judge David Keesler on 9/21/2022. (brl)
September 21, 2022 Filing 16 Consent MOTION for Extension of Time to File Response/Reply re: #12 MOTION to Remand to State Court MOTION for Attorney Fees by Bank of America, National Association, Metropolitan Life Insurance Company. Responses due by 10/5/2022 (Attachments: #1 Proposed Order) (Haynes, Sonny). Motions referred to David Keesler.
September 12, 2022 Opinion or Order Filing 15 ORDER granting #14 Defendants' Motion for Extension of Time to Respond to #1 Complaint contained in the Notice of Removal Pending Resolution of Motion to Remand. Signed by Magistrate Judge David Keesler on 9/9/22. (mga)
September 9, 2022 Filing 14 MOTION for Extension of Time to Answer re: #1 Notice of Removal,, Pending Resolution of Motion to Remand by Bank of America, National Association, Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Haynes, Sonny). Motions referred to David Keesler.
September 8, 2022 Filing 13 MOTION for Limited Jurisdictional Discovery by Jesse Shute. Responses due by 9/22/2022 (Tyson, Bryan). Motions referred to David Keesler. Modified text on 9/9/2022 (brl).
September 8, 2022 Filing 12 MOTION to Remand to State Court, MOTION for Attorney Fees by Jesse Shute. Responses due by 9/22/2022 (Attachments: #1 Memorandum Plaintiff's Brief in Support of Motion to Remand, #2 Exhibit Ex. A - SPD Short Term Disability excerpts, #3 Exhibit Ex. B - Plan Short Term Disability excerpts) (Tyson, Bryan). Motions referred to David Keesler. Added MOTION for Attorney Fees on 9/9/2022 (brl).
August 30, 2022 Opinion or Order Filing 11 ORDER granting #10 Joint Amended Motion for Second Extension of Time to Answer re: #1 Complaint contained within the Notice of Removal. Answers due 9/13/2022. Signed by Magistrate Judge David Keesler on 8/30/22. (mga)
August 30, 2022 Filing 10 Amended MOTION for Extension of Time to Answer re: #1 Notice of Removal,, (Joint Motion for Second Extension) by Bank of America, National Association, Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Haynes, Sonny). Motions referred to David Keesler.
August 26, 2022 Opinion or Order Filing 9 ORDER granting #8 the parties' Joint Motion for Extension of Time to Answer r re: #1 Complaint contained in the Notice of Removal. All Defendants' answers due September 6, 2022. Signed by Magistrate Judge David Keesler on 8/26/22. (mga)
August 25, 2022 Filing 8 Joint MOTION for Extension of Time to Answer re: #1 Notice of Removal,, (Second Extension) by Bank of America, National Association, Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Haynes, Sonny). Motions referred to David Keesler.
August 5, 2022 Opinion or Order Filing 7 ORDER granting #6 Defendants' Consent Motion for Extension of Time to Answer #1 Complaint contained in the Notice of Removal. Answers due August 30, 2022. Signed by Magistrate Judge David Keesler on 8/5/22. (mga)
August 4, 2022 Filing 6 Consent MOTION for Extension of Time to Answer re: #1 Notice of Removal,, by Bank of America, National Association, Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Haynes, Sonny). Motions referred to David Keesler.
August 4, 2022 Filing 5 Corporate Disclosure Statement by Bank of America, National Association (Haynes, Sonny)
August 4, 2022 Filing 4 NOTICE of Appearance by Sonny Sade Haynes on behalf of Bank of America, National Association (Haynes, Sonny)
August 2, 2022 Filing 3 Corporate Disclosure Statement by Metropolitan Life Insurance Company (Haynes, Sonny)
August 2, 2022 Filing 2 NOTICE of Appearance by Sonny Sade Haynes on behalf of Metropolitan Life Insurance Company (Haynes, Sonny)
August 2, 2022 Filing 1 NOTICE OF REMOVAL with Jury Demand from Mecklenburg County Superior Court, case number 22-CVS-9221. (Filing fee $ 402 receipt number ANCWDC-5681481), filed by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit A - Proof of Receipt of Service for Metropolitan Life Insurance Company, #2 Exhibit B - General Civil Action Cover Sheet, #3 Exhibit C - Civil Summons, #4 Exhibit D - Complaint for Wages, Breach of Contract, and Unfair and Deceptive Trade Practices, #5 Exhibit E - Notice of Filing of Notice of Removal)(Haynes, Sonny)
August 2, 2022 Case assigned to District Judge Robert J. Conrad, Jr. 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.(tlj)

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Plaintiff: Jesse Shute
Represented By: Bryan Lee Tyson
Represented By: Hannah Auckland
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Defendant: Bank of America, National Association
Represented By: Sonny Sade Haynes
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Defendant: Metropolitan Life Insurance Company
Represented By: Sonny Sade Haynes
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