Johnson v. Guardian Life Insurance Company of America
| Matthew F Johnson |
| Guardian Life Insurance Company of America |
| Jerome F. Weiss |
| 1:2007cv00837 |
| March 21, 2007 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Kathleen M O'Malley |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on November 9, 2007. A more recent docket listing may be available from PACER.
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Filing 30
Order granting parties' Notice of Dismissal #29 with prejudice. Each party to bear its own costs and attorneys fees, but Guardian will pay any court costs. Signed by Judge Kathleen M. O'Malley on 11/9/2007.(H,CM)
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| Filing 29 Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Matthew F Johnson. (Stephenson, James) |
| Filing 28 Final Mediation Report filed manually with ADR Administrator. Mediation conference held 10/5/2007 and as a result, the parties settled their dispute. The mediation process is complete. ADR Disp. Code: 26. Future ADR: not applicable (Related document(s) #27 ). (N, P) |
| Filing 27 Schedules mediation & Report of Mediator deadline, with mediation conference to be held on 9/26/2007 at 10:00 AM in the Mediator's office at 101 Prospect Ave., W, Ste. 1600, Cleveland, OH. Report of Mediator to be manually filed with the ADR Administrator no later than 10/9/2007, filed by Jerome F Weiss (Related document(s) #26 ). (N, P) |
| Filing 26 Notice of Designation of Mediator. Mediator advised to schedule the Mediation conference on or before 11/1/07 and FILE ELECTRONIC NOTICE setting forth the date, time and location of the Mediation. Report of Mediator to be manually filed with the ADR Administrator no later than 11/13/2007. REPORT OF Mediator FORM ATTACHED TO THE NOTICE OF DESIGNATION. Designated Neutral: Jerome F Weiss. Mediation process to be completed by 11/1/07.(M,P) |
| Filing 25 Notice received from potential neutral, re: conflict. Neutral available: Yes Related document(s) #24 . (M,P) |
| Filing 24 Notice sent to first potential neutral, re: conflict request Neutral Conflict Response due by 8/20/2007, Related document(s) #22 . (M,P) |
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Filing 23
Order granting Motion to Dismiss Counts II and III and to Strike Demand for Punative Damages (Related Doc #7 ), counts II and III of Johnson's complaint are therefore dismissed. Signed by Judge Kathleen M. O'Malley on 8/14/07.(R,Sh)
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| Filing 22 Agreed Mediation Ranking Information Sheet Filed by Guardian Life Insurance Company of America(Related document(s) #21 Notice of Referral to ENE/Mediation - List of potential neutrals sent to parties )(Koesel, Margaret) |
| Filing 21 List of potential neutrals sent to parties Neutral selection due by 8/13/2007, ADR process to be completed by 11/1/2007, Related document(s) #19 . (M,P) |
| Filing 20 Attorney Appearance of Additional Counsel by Margaret M. Koesel filed by on behalf of Guardian Life Insurance Company of America. (Koesel, Margaret) |
| Filing 19 Case Management Plan. Conference held on 7/31/2007. Case assigned to standard track. Case is suitable for ADR and is REFERRED to Mediation to occur by 11/1/2007 to be conducted by an ADR Panel Member. Parties do not consent to jurisdiction of Magistrate Judge. Parties to be Joined and Pleading Amendments due by 12/1/2007; Dispositive Motions due by 12/15/2007, with oppositions due by 2/1/2008 and no replies. Status reports due every 45 days. Signed by Judge Kathleen M. O'Malley on 7/31/2007(Court Reporter None.) (H,CM) |
| Filing 18 Notice of Hearing. Case management conference RESET* to be held on 7/31/2007 at 03:00 PM at Chambers 16A before Judge Hon. Kathleen M. O'Malley. (*Please note new date and time.) (H,CM) |
| Filing 17 Reply Memorandum In Support of #7 Motion to dismiss Counts II and III and to Strike Demand for Punitive Damages filed by Guardian Life Insurance Company of America. (Koesel, Margaret) |
| Filing 16 Position Statement re: Case Management Conference Agenda filed by Guardian Life Insurance Company of America. (Koesel, Margaret) |
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Order [non-document]granting #12 Unopposed Motion for extension of time to file a Brief in Oppositon to Defendant's Motion to Dismiss until July 3, 2007. Judge Kathleen M. O'Malley (R,Sh) Modified on 7/23/2007 (C, K).
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Order [non-document]granting Motion to excuse the physical appearance of Plaintiff at the Case Management Conference (Related Doc #11 ). Judge Kathleen M. O'Malley (R,Sh) Modified on 7/23/2007 (C, K).
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| Filing 15 Notice of Hearing. Case management conference RESET* to be held on 7/30/2007 at 01:30 PM at Chambers 16A before Judge Hon. Kathleen M. O'Malley. (*Please note new date and time.) (H,CM) |
| Filing 14 Position Statement re: Case Management Conference Agenda filed by Matthew F Johnson. (Stephenson, James) |
| Filing 13 Brief in Opposition to Defendant's Motion to Dismiss filed by Matthew F Johnson. Related document(s) #7 . (Attachments: #1 Exhibit A#2 Exhibit B) (Stephenson, James) |
| Filing 12 Unopposed Motion for extension of time to Oppose Defendant's Motion to Dismiss until July 3, 2007 filed by Matthew F Johnson. (Stephenson, James) Modified wording of text on 7/2/2007 (C, Br). |
| Filing 11 Motion to excuse appearance of Plaintiff at Case Management Conference filed by Matthew F Johnson. (Stephenson, James) |
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Filing 10
Case Management Conference Scheduling Order with case management conference to be held on 7/11/2007 at 12:00 PM at Chambers 16A. Parties to file position statement prior to conference. Signed by Judge Kathleen M. O'Malley on 6/11/2007. (Attachments: #1 Position statement)(H,CM)
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Order (non-document) entered 6/8/2007 granting parties' #9 Stipulation for extension of time until 6/27/2007 for plaintiff to respond to motion to dismiss. Judge Kathleen M. O'Malley (H,CM)
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| Filing 9 Amended Proposed Stipulation Regarding Enlargement of Time to File Brief in Opposition filed by Matthew F Johnson. (Stephenson, James) |
| Filing 8 Proposed Stipulation Regarding Enlargement of Time to File Brief in Opposition filed by Matthew F Johnson. (Stephenson, James) |
| Filing 7 Motion to dismiss Counts II and III and to Strike Demand for Punitive Damages filed by Guardian Life Insurance Company of America. (Attachments: #1 Exhibit 1 - Correspondence dated 3/23/05 to Mr. Matthew F. Johnson#2 Exhibit 2 - Correspondence dated 5/26/06 to Mr. Bret C. Perry)(Koesel, Margaret) |
| Filing 6 Answer to Complaint (Related Doc #1 ) filed by Guardian Life Insurance Company of America. (Attachments: #1 Exhibit 1 - Correspondence dated 3/23/05 to Matthew F. Johnson#2 Exhibit 2 - Correspondence dated 5/26/06 to Mr. Bret C. Perry)(Koesel, Margaret) Modified, to fix link, on 5/22/2007 (C, Br). |
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Order [non-document] entered 5/16/2007 granting defendant's #5 Motion for Extension of Time until 5/21/2007 to Answer. Judge Kathleen M. O'Malley (H,CM)
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| Filing 5 Motion for extension of time until May 21, 2007 to answer Plaintiff's Complaint filed by Guardian Life Insurance Company of America. (Koesel, Margaret) |
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Order [non-document] entered 4/11/2007granting defendant's #4 Motion for Extension of Time until 5/12/2007 to Answer. Judge Kathleen M. O'Malley (H,CM)
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| Filing 4 Motion for extension of time until May 12, 2007 to answer Plaintiff's Complaint filed by Guardian Life Insurance Company of America. (Koesel, Margaret) |
| Filing 3 Return of Service Executed upon Guardian Life Insurance Company of America by Certified Mail on 03/23/2007 filed by Matthew F Johnson Related document(s) #1 . (Attachments: #1 Return Receipt)(Stephenson, James) Modified wording of text on 3/27/2007 (C, Br). |
| Filing 2 Summons and Magistrate Consent Form issued to counsel for service upon Guardian Life Insurance Company of America. (Attachments: #1 Magistrate Consent Form) (C,BA) |
| Filing 1 Complaint against Guardian Life Insurance Company of America, The ( Filing fee 350 receipt number 2386527.). Filed by Matthew F Johnson. (Attachments: #1 Civil Cover Sheet #2 Exhibit A#3 Summons)(Stephenson, James) |
| Judge Kathleen M. O'Malley assigned to case. (C,BA) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vecchiarelli. (C,BA) |
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