Hartford Life & Accident Insurance Company v. Graham et al
| Hartford Life & Accident Insurance Company |
| Kimberly Graham, Kimberly Jones-Rogers, E. F. Boyd & Son Funeral Home and Mariah A. Rogers |
| 1:2023cv00072 |
| January 13, 2023 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| David A Ruiz |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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| Minute Order [non-document] of Telephone Status Conference held on 11/6/2023. Attorney Arleesha S. Wilson participated on behalf of Kimberly Graham and Mariah A. Roger; Attorney Bert L. Rose participated on behalf of Kimberly Jones-Rogers. Following discussion between counsel and the magistrate judge, the court directed counsel for Kimberly Graham and Mariah Rogers to make a settlement proposal to Kimberly Jones-Rogers and E.F. Boyd, & Sons Funeral Home by noon on Friday, November 10, 2023. The magistrate judge should be copied on the proposal at the email address parker_chambers@ohnd.uscourts.gov. Once the demand is submitted, defendants Jones-Rogers and E.F. Boyd & Sons Funeral Home should confer with their clients and, potentially, each other and make a responsive demand/offer as soon as possible, also copying the magistrate judge. Once the court has received the settlement demands and offers, the court will determine whether further mediation could be fruitful. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 11/6/2023. (Court Reporter: N/A. Time: 20 minutes). (D,JJ) |
| IMPORTANT Notice [non-document]: Status Conference with counsel for Kimberly Graham, Mariah A. Rogers, E. F. Boyd & Son Funeral Home and Kimberly Jones-Rogers has been set for 11/6/2023 at 11:00 AM and will be held in Chambers 11B (Cleveland)* before Magistrate Judge Thomas M. Parker. *NOTE: Change in location only. (D,JJ) |
| Minute Order [non-document] of Telephone Status Conference held on 10/18/2023. Attorney Stephanie A. Sagalini participated on behalf of plaintiff; Attorney Arleesha S. Wilson participated on behalf of Kimberly Graham and Mariah A. Rogers; and Attorney Bert L. Rose participated on behalf of Kimberly Jones-Rogers. The court and counsel for plaintiff Hartford Life & Accident Insurance Company conferred regarding factual issues that arose during mediation. Hartford will investigate these matters and advise the magistrate judge within one week, if possible. IT IS SO ORDERED. Magistrate Judge Thomas M. Parker on 10/18/2023. (Court Reporter: N/A. Time: 25 minutes). (D,JJ) |
| IMPORTANT Notice [non-document]: Telephone Status Conference with counsel for plaintiff, Kimberly Graham, Mariah A. Rogers and Kimberly Jones-Rogers set for 10/18/2023 at 01:30 PM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to counsel separately. (D,JJ) |
| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Mediation Conference held via video conference on 10/3/2023. Kimberly Graham and Mariah A. Rogers participated with counsel, Arleesha S. Wilson. Kimberly Jones-Rogers participated with counsel, Bert L. Rose. Defendant representative William Pepper Boyd participated with counsel, Grace O. Hurle. The court commenced mediation with all parties. After initial discussions it became apparent that certain factual discrepancies in the amended complaint must be clarified before the case will be ready to mediate. The court will schedule a conference call with counsel for plaintiff, Hartford Life Insurance and defendants Graham, Rogers and Jones-Rogers within the next three weeks. (Court Reporter: N/A. Time: 2 hours). (D,JJ) |
| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex parte Telephone Conferences held on 9/29/2023. Attorney Arleesha S. Wilson participated on behalf of Kimberly Graham and Mariah A. Rogers; Attorney Bert L. Rose participated on behalf of Kimberly Jones-Rogers; and Attorney Grace O. Hurley participated on behalf of E.F. Boyd & Son Funeral Home. The court and counsel separately discussed background information and issues in order to prepare for the upcoming Mediation Conference set for October 3, 2023 at 10:00 AM. (Court Reporter: N/A.) (D,JJ) |
| Financial Transaction in the amount of $44,360.68 received from The Hartford. Receipt # 9218. Related document(s) #26 , #27 . (B,DL) |
| IMPORTANT Notice [non-document]: Ex parte Telephone Conference with counsel for Kimberly Graham and Mariah A. Rogers set for 9/29/2023 at 11:00 AM to be held before Magistrate Judge Thomas M. Parker. Ex parte Telephone Conference with counsel for Kimberly Jones-Rogers set for 9/29/2023 at 11:45 AM to be held before Magistrate Judge Thomas M. Parker. Ex parte Telephone Conference with counsel for E.F. Boyd & Son Funeral Home set for 9/29/2023 at 01:30 PM to be held before Magistrate Judge Thomas M. Parker. Call-in instructions will be emailed to counsel separately. Related document(s) #25 . (D,JJ) |
Filing 27
Order granting Plaintiff's Consent Motion to deposit funds in Interpleader (Related Doc #12 ). Judge David A. Ruiz on 7/21/2023. (H,Z)
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Filing 26
Order of Deposit and Investment into the Court Registry Investment System (CRIS) in the amount of $43,000.00, plus any applicable interest. #12 #24 . Judge David A. Ruiz on 7/21/2023. (H,Z)
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Filing 25
Order Setting Mediation Conference: Mediation conference to be held on 10/3/2023 at 10:00 AM before Magistrate Judge Thomas M. Parker. The mediation conference will be held by video conference. Instructions for participating via video will be emailed to the parties separately. Mediation statements are due on or before 9/26/2023. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email to schedule an ex-parte telephone conference. See Order for additional information and requirements. Magistrate Judge Thomas M. Parker on 7/18/2023. (D,JJ)
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| Filing 24 Supplement to Consent Motion to deposit funds in Interpleader - Proposed Order of Deposit and Investment, filed by Hartford Life & Accident Insurance Company. Related document(s) #12 . (Mathisen, Eric) |
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Filing 23
Order referring case to Magistrate Judge Thomas M. Parker for mediation/settlement. Judge David A. Ruiz on 6/29/2023. (H,Z)
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| Filing 22 Minutes of proceedings before Judge David A. Ruiz. Case Management Conference held on 5/18/2023. This matter will be referred to the assigned magistrate judge for mediation, and the Court deferred setting case management dates until after mediation is completed. (Court Reporter: n/a.) Time: 50 minutes. (H,Z) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Stephanie A. Segalini for Hartford Life & Accident Insurance Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #21 ). Judge David A. Ruiz on 5/16/2023. (H,Z)
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| Filing 21 Motion for attorney Stephanie A. Segalini to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11995910, filed by Plaintiff Hartford Life & Accident Insurance Company. (Attachments: #1 Exhibit Certificate of Good Standing)(Mathisen, Eric) |
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Order [non-document] granting in part and denying in part Plaintiff's Motion to excuse attendance at the case management conference (Related Doc #16 ). Plaintiff's counsel is required to attend the conference, but Plaintiff is excused from the requirement of having a party representative in attendance. Judge David A. Ruiz on 5/15/2023. (H,Z)
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| Filing 20 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Kimberly Graham, Mariah A. Rogers. (Wilson, Arleesha) |
| Filing 19 Amended Answer to #1 Complaint, filed by Kimberly Jones-Rogers. (Rose, Bert) |
| Filing 18 Attorney Appearance by Bert L. Rose filed by on behalf of Kimberly Jones-Rogers. Related document(s) #5 , #17 , #1 .(Rose, Bert) |
| Filing 17 Answer to #5 Amended complaint,, filed by Kimberly Jones-Rogers. (Rose, Bert) |
| Filing 16 Motion to excuse appearance at Case Management Conference filed by Plaintiff Hartford Life & Accident Insurance Company. (Attachments: #1 Proposed Order) (Mathisen, Eric) |
| Filing 15 Address Change Notice by Arleesha S. Wilson filed by on behalf of Kimberly Graham, Mariah A. Rogers. (Wilson, Arleesha) |
| Case Management Conference (CMC) Scheduling Order [non-document]: Defendant's Unopposed #14 Motion to Reschedule CMC is granted. CMC set for 5/12/2023 is reset for 5/18/2023 at 09:00 AM to be held telephonically before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Lead counsel and parties must participate unless excused by the Court upon written motion. All other requirements and directives set forth in the CMC scheduling order (R. #11 ) remain in effect. Judge David A. Ruiz on 4/19/2023. (G,CA) |
| Filing 14 Motion for extension of time until May 18 or May 22, 2023 to Reschedule CMC filed by Defendant E. F. Boyd & Son Funeral Home. (Hurley, Grace) |
| Filing 13 Answer to #5 Amended complaint in interpleader with Crossclaim against Kimberly Jones-Rogers filed by Mariah A. Rogers, Kimberly Graham. (Wilson, Arleesha) |
| Filing 12 Consent Motion to deposit funds in Interpleader filed by Plaintiff Hartford Life & Accident Insurance Company. (Attachments: #1 Proposed Order)(Mathisen, Eric) |
| Filing 11 Case Management Conference Scheduling Order with case management conference to be held on 5/12/2023 at 1:30 PM by telephone before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Lead counsel and parties must participate unless excused by the Court upon written motion. IMPORTANT: The parties are advised to carefully read this Order. Judge David A. Ruiz on 4/11/2023. (Attachments: #1 Report of Parties' Planning Meeting) (H,Z) |
| Filing 10 Waiver of Service Returned Executed by Hartford Life & Accident Insurance Company. Mariah A. Rogers waiver sent on 2/1/2023, answer due 4/2/2023 filed on behalf of Hartford Life & Accident Insurance Company (Mathisen, Eric) |
| Filing 9 Waiver of Service Returned Executed by Hartford Life & Accident Insurance Company. Kimberly Graham waiver sent on 2/1/2023, answer due 4/2/2023 filed on behalf of Hartford Life & Accident Insurance Company (Mathisen, Eric) |
| Filing 8 Answer to #5 Amended complaint filed by E. F. Boyd & Son Funeral Home. (Hurley, Grace) |
| Filing 7 Waiver of Service Returned Executed by Hartford Life & Accident Insurance Company. Kimberly Jones-Rogers waiver sent on 1/17/2023, answer due 3/18/2023 filed on behalf of Hartford Life & Accident Insurance Company (Mathisen, Eric) |
| Filing 6 Waiver of Service Returned Executed by Hartford Life & Accident Insurance Company. E. F. Boyd & Son Funeral Home waiver sent on 2/1/2023, answer due 4/2/2023 filed on behalf of Hartford Life & Accident Insurance Company (Mathisen, Eric) |
| Filing 5 Amended complaint against All Defendants and adding new party defendant(s) E. F. Boyd & Son Funeral Home. Filed by Hartford Life & Accident Insurance Company. (Attachments: #1 Exhibit 1, Group Policy, #2 Exhibit 2, Enrollment Form, #3 Exhibit 3, Aug. 15, 2022 Beneficiary Designation Form, #4 Exhibit 4, Death Certificate, #5 Exhibit 5, Insurance Assignment, #6 Exhibit 6, Oct. 27, 2022 Letter from Dr. Jones, #7 Exhibit 7, Dec. 13, 2022 Letter from Attorney Rose) (Mathisen, Eric) |
| Judge David A. Ruiz assigned to case. Judge John R. Adams terminated. (S,T) |
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Order (non-document) of Reassignment. The Clerk's Office has indicated that there was an error in the assignment of this case; therefore, the case is being returned to the Clerks Office for proper assignment. Judge John R. Adams on 1/17/23. (K,C)
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| Random Re-assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,T) |
| Filing 4 Magistrate Consent Form issued. No summons provided, no summons issued. (S,T) |
| Filing 3 Corporate Disclosure Statement identifying Corporate Parent Hartford Life, Inc., Corporate Parent The Hartford Financial Services Group, Inc., Corporate Parent Hartford Holdings, Inc. for Hartford Life & Accident Insurance Company filed by Hartford Life & Accident Insurance Company. (Mathisen, Eric) |
| Filing 2 Attorney Appearance by Eric P. Mathisen filed by on behalf of Hartford Life & Accident Insurance Company. (Mathisen, Eric) |
| Filing 1 Complaint for Interpleader Relief against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11791230. Filed by Hartford Life & Accident Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Policy Documents, #3 Exhibit 2 - Enrollment Form 6-3-2022, #4 Exhibit 3 - Beneficiary Designation 8-15-2022, #5 Exhibit 4 - Death Certificate, #6 Exhibit 5 - Letter Hartford to Physicians 10-18-2022, #7 Exhibit 6 - Attorney Letter to Hartford 12-13-2022). (Mathisen, Eric) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (S,T) |
| Judge John R. Adams assigned to case. (S,T) |
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