Nader v. New York Life Insurance Company
| Jose A. Nader |
| New York Life Insurance Company |
| 1:2023cv02037 |
| October 17, 2023 |
| US District Court for the Northern District of Ohio |
| J Philip Calabrese |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 Brief Regarding The Amount in Controversy filed by New York Life Insurance Company. Related document(s) #9 . (Attachments: #1 Exhibit A - Declaration of Marc Champoux, CPA, #2 Exhibit A-1 - Simple Interest Table, #3 Exhibit A-2 - Compound Interest Table, #4 Exhibit B - Declaration of Olivia L. Southam, #5 Exhibit B-1 - Claim File Excerpt) (Bacon, Brett) |
| Filing 11 Plaintiff's Statement Regarding Amount in Controversy filed by All Plaintiffs. (Sanders, Rodd) |
Filing 10
Order Setting Mediation Conference: Mediation conference to be held on 2/15/2024 at 10:00 AM in Chambers 11B (Cleveland) before Magistrate Judge Thomas M. Parker. Mediation statements are due on or before 2/8/2024. 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 12/4/2023. (D,JJ)
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| Filing 9 Case Management Plan and Scheduling Order: The Court enters the following Case Management Order: Standard track. Case referred to ADR. Parties do not consent to the jurisdiction of a Magistrate Judge. The Court sets the following schedule: Jurisdictional briefing on the amount in controversy due: December 7, 2023. Judge J. Philip Calabrese on November 29, 2023. (Y,A) |
| Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a case management conference by Zoom on November 29, 2023. Rodd A. Sanders appeared for Plaintiff. Olivia Lin Southam appeared for Defendant. The Court requested that the parties discuss the amount-in-controversy as it relates to subject-matter jurisdiction and requested briefing on the issue, which it will address in a separate entry. Also by separate order, the Court will refer the matter for early mediation. Counsel discussed the background of the case and the need for discovery to resolve some or all of the contract questions in dispute. The Court expressed its tentative view in favor of an early partial summary judgment on an agreed record interpreting the insurance contract at issue to narrow the issues and focus any discovery that might be necessary for a final adjudication of all issues. If necessary, after mediation, the Court will discuss that approach with counsel before so ordering or setting a schedule. Time: 35 minutes. (Y,A) |
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Order [non-document]: Under N.D. Ohio Local Rule 16.4(e), the Court REFERS this matter to United States Magistrate Judge Thomas M. Parker for mediation. Counsel will receive further instructions from Judge Parker's Chambers. Judge J. Philip Calabrese on November 29, 2023. (Y,A)
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| Filing 8 Report of Parties' Planning Meeting Rule 26(f) Report of the Parties - the parties do not consent to the jurisdiction of a United States Magistrate Judge filed by Jose A. Nader. (Sanders, Rodd) |
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Order [non-document]: At the request of counsel, the Court will conduct the initial case management conference on November 29, 2023 at 1:00 p.m. by Zoom. Judge J. Philip Calabrese on November 21, 2023.(Y,A)
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| Filing 7 Joint Motion for Remote Case Management Conference filed by New York Life Insurance Company (Bacon, Brett). Modified on 11/1/2023 to correct event (H,SP). |
| Filing 6 Case Management Conference Scheduling Order with case management conference to be held on November 29, 2023 at 1:00 p.m. in Chambers 16B before Judge J. Philip Calabrese. Judge J. Philip Calabrese on October 25, 2023. (Attachments: #1 Rule 26 Report of Parties)(Y,A) |
| Filing 5 Answer to Complaint (Related Doc #1 ) filed by New York Life Insurance Company. (Bacon, Brett) |
| Filing 4 Magistrate Consent Form issued. (F,AW) |
| Filing 3 Corporate Disclosure Statement filed by New York Life Insurance Company. (Southam, Olivia) |
| Filing 2 Supplement to Notice of Removal, - Civil Cover Sheet, filed by New York Life Insurance Company. Related document(s) #1 . (Bacon, Brett) |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-23-985355 with jury demand. Filing fee paid $402.00, receipt number AOHNDC-12231345. Filed by New York Life Insurance Company. (Attachments: #1 Notice of Removal Summons & Complaint) (Bacon, Brett) |
| Judge J. Philip Calabrese assigned to case. (F,AW) |
| Random 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. (F,AW) |
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| Plaintiff: Jose A. Nader | |
| Represented By: | Rodd A. Sanders |
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| Defendant: New York Life Insurance Company | |
| Represented By: | Olivia Lin Southam |
| Represented By: | Brett K. Bacon |
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