Van Horn v. Securian Life Insurance Company, et al.
Plaintiff: Makayla Van Horn
Defendant: Charter Communications Inc. Welfare Benefit Plan, Calhoun Funeral Home, Charter Communications Inc., Sherri Ann Thomas and Securian Life Insurance Company
Case Number: 1:2019cv01315
Filed: June 7, 2019
Court: US District Court for the Northern District of Ohio
Presiding Judge: Dan Aaron Polster
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2019 Filing 16 Opinion and Order denying Calhoun Funeral Homes Motion to dismiss for failure to state a claim (Related Doc #4 ). Judge Dan Aaron Polster on 7/25/19.(P,R)
July 24, 2019 Minutes of proceedings [non-document] The Court held a teleconference on July 24, 2019 with Plaintiff's Attorney James P. Cullen, Defendant Securian Life Insurance Co.'s Attorney Andrea E. Nieto, Defendant Charter Communications Inc.'s Attorney Joseph (Scott) Carr, and Defendant Calhoun Funeral Home's Attorney Irving B. Sugerman. Missing from the teleconference was Plaintiff's grandmother and Defendant Sherrie Thomas, aka Sherrie Van Horn -- whom Attorney Cullen has been attempting to serve unsuccessfully. The purpose of the teleconference was to determine how to proceed efficiently in resolving this life insurance coverage dispute for which the Court strongly encouraged counsel to engage in settlement negotiations. As a result of discussions, the Court announced that it will shortly issue an Opinion and Order formally denying Defendant Calhoun Funeral Home's motion to dismiss, and (2) we will wait to see if Defendant Thomas files an answer; if not, Plaintiff will file an application for entry of default against Defendant Thomas, etc., and the Court will promptly schedule a Case Management Conference. The Court directed that a copy of the administrative record be exchanged with counsel and submitted to the Court. (Court Reporter: n/a.) Time: 15 minutes. (K,K)
July 24, 2019 Notice [non-document] of Telephone Conference set for 7/24/2019 at 03:00 PM before Judge Dan Aaron Polster. (K,K)
July 8, 2019 Filing 15 Service by Clerk. Summons and Complaint addressed to Sherri Ann Thomas placed in U.S. Mail. Type of service: ordinary mail. (Y,A)
July 8, 2019 Filing 14 Original Summons issued to counsel for service upon Sherri Ann Thomas. (H,SP)
July 2, 2019 Filing 13 Praecipe for issuance of Original Summons for Defendant Sherri Ann Thomas filed by Makayla Van Horn. Related document(s) #1 . (Attachments: #1 Summons)(Cullen, James)
July 1, 2019 Filing 12 Opposition to #4 Motion to Dismiss Count IV of Plaintiff's Complaint Pursuant to Rule 12(B)(6) For Failure to State a Claim Upon Which Relief Can Be Granted filed by Makayla Van Horn. (Cullen, James)
June 27, 2019 Filing 11 Corporate Disclosure Statement identifying Corporate Parent Liberty Broadband Corporation for Charter Communications Inc. filed by Charter Communications Inc.. (Carr, Joseph)
June 27, 2019 Opinion or Order Order [non-document] granting Defendants' #10 Unopposed Motion for extension of time until 8/15/2019 to answer . Charter Communications Inc. answer due 8/15/2019; Charter Communications Inc. Welfare Benefit Plan answer due 8/15/2019. Approved by Judge Dan Aaron Polster on 6/27/2019.(K,K)
June 26, 2019 Filing 10 Unopposed Motion for extension of time until 8/15/2019 to answer filed by Charter Communications Inc., Charter Communications Inc. Welfare Benefit Plan. (Attachments: #1 Proposed Order)(Carr, Joseph)
June 26, 2019 Filing 9 Attorney Appearance by Joseph S. Carr filed by on behalf of Charter Communications Inc., Charter Communications Inc. Welfare Benefit Plan. (Carr, Joseph)
June 26, 2019 Notice by Clerk that Charter Communications Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,Ja)
June 20, 2019 Filing 8 Certified copies of state court documents received from Cuyahoga County Common Pleas. (S,SR)
June 14, 2019 Filing 7 Attorney Appearance by Andrea E. Nieto filed by on behalf of Securian Life Insurance Company. (Nieto, Andrea)
June 14, 2019 Filing 6 Answer to Complaint (Related Doc #1 ) filed by Securian Life Insurance Company. (Lydon, Angela)
June 13, 2019 Filing 5 Corporate Disclosure Statement identifying Other Affiliate Amaia Akron, LLC, Other Affiliate Amaia Rockside, LLC, Other Affiliate Amaia, LLC, Other Affiliate Stewart & Calhoun Funeral Home, Inc., Other Affiliate Northeast Ohio Crematory, LLC for Calhoun Funeral Home filed by Calhoun Funeral Home. (Sugerman, Irving)
June 13, 2019 Filing 4 Motion to Dismiss Count IV of Plaintiff's Complaint Pursuant to Rule 12(B)(6) For Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendant Calhoun Funeral Home. (Sugerman, Irving) .
June 7, 2019 Filing 3 Magistrate Consent Form issued. (Y,A)
June 7, 2019 Filing 2 Corporate Disclosure Statement filed by Securian Life Insurance Company. (Lydon, Angela)
June 7, 2019 Filing 1 Notice of Removal from Court of Common Pleas Cuyahoga County, Ohio, case number CV-19-915306 Filing fee paid $400, receipt number 0647-9351830. Filed by Securian Life Insurance Company. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Securian Summons, #3 Exhibit 3 - Calhoun Summons, #4 Exhibit 4 - Calhoun Return of Service, #5 Exhibit 5 - Thomas Summons, #6 Exhibit 6 - Charter Summons, #7 Exhibit 7 - Plan Summons, #8 Exhibit 8 - Securian Return of Service, #9 Exhibit 9 - Instructions for Service, #10 Exhibit 10 - Instructions for Service, #11 Exhibit 11 - Policy, #12 Exhibit 12 - Certification of Insurance, #13 Exhibit 13 - State Court Docket, #14 Exhibit 14 - Van Horn Summons, #15 Exhibit 15 - Charter Summons, #16 Civil Cover Sheet) (Lydon, Angela)
June 7, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (Y,A)
June 7, 2019 Judge Dan Aaron Polster assigned to case, (Y,A)

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Defendant: Charter Communications Inc. Welfare Benefit Plan
Represented By: Joseph S. Carr
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Defendant: Calhoun Funeral Home
Represented By: Irving B. Sugerman
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Defendant: Charter Communications Inc.
Represented By: Joseph S. Carr
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Defendant: Sherri Ann Thomas
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Defendant: Securian Life Insurance Company
Represented By: Angela Daling Lydon
Represented By: Brett K. Bacon
Represented By: Andrea E. Nieto
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Plaintiff: Makayla Van Horn
Represented By: James P. Cullen
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