Daly v. New York Life Insurance Company
| Michael P. Daly |
| New York Life Insurance Company |
| 1:2012cv00125 |
| February 10, 2012 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| BROWN |
| Michael R Barrett |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 109 Withdrawal of BILL OF COSTS by Defendant New York Life Insurance Company. (Banks, Michael) Modified to clarify docket text on 12/27/2019 (jlw). |
NOTATION ORDER signed by Judge Michael R. Barrett on 12/13/19 granting #108 Motion for Extension of Time to File Response/Reply as to #107 Bill of Costs; Replies due by 12/16/2019. (ba)
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| Filing 108 MOTION for Extension of Time to File Response/Reply as to #107 Bill of Costs,,, New date requested 12/16/2019. by Plaintiff Michael P. Daly. (Geoppinger McCoy, Jean) |
| Filing 107 BILL OF COSTS by Defendant New York Life Insurance Company. (Attachments: #1 Memorandum in Support, #2 Exhibit A - 7.31.2013 Invoice, #3 Exhibit B - 9.27.2013 Invoice, #4 Exhibit C - 11.30.2013 Invoice, #5 Exhibit D - 12.11.2013 Invoice, #6 Exhibit E - 1.31.2014 Invoice, #7 Exhibit F - 6.20.2014 Invoice, #8 Exhibit G - 12.31.2014 Invoice, #9 Exhibit H - 2.28.2015 Invoice, #10 Exhibit I - 3.31.2015 Invoice, #11 Exhibit J - 4.30.2015 Invoice, #12 Exhibit K - 5.28.2015 Invoice, #13 Exhibit L - 10.31.2015 Invoice, #14 Exhibit M - 3.9.2016 Invoice, #15 Exhibit N - 4.30.2016 Invoice, #16 Exhibit O - 12.08.2016 Invoice, #17 Exhibit P - 8.29.2018 Invoice, #18 Exhibit Q - 9.25.2018 Invoice, #19 Exhibit R - 10.31.2018 Invoice) (Banks, Michael) |
| Clerk's Notice: Briefing schedule re #107 Bill of Costs ; Response to Bill of Costs due 12/5/2019; Reply to Bill of Costs due 12/19/2019. (sct) |
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Filing 106
CLERK'S JUDGMENT filed concurrently with #105 Order signed by Judge Michael R. Barrett on 9/30/19. (ba)
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Filing 105
FINAL JUDGMENT & ORDER. Signed by Judge Michael R. Barrett on 9/30/19. (ba)
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| Filing 104 NOTICE by Defendant New York Life Insurance Company Withdrawal as Attorney (Jacobs, Benjamin) |
| Filing 103 Minute Entry for proceedings held before Judge Michael R. Barrett: Closing Arguments for Bench Trial completed on 1/7/2019; Counsel present; parties agree they will submit any stipulated facts to the Court; Court's decision to follow. (Court Reporter: Maryann Maffia) (ba) |
| NOTICE of Hearing: Please be aware that Closing Arguments are set for 1/7/2019 at 01:30 PM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba) |
| Filing 102 Proposed Findings of Fact by Plaintiff Michael P. Daly. (Geoppinger McCoy, Jean) |
| Filing 101 Proposed Findings of Fact by Defendant New York Life Insurance Company. (Attachments: #1 Exhibit) (Banks, Michael) |
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Filing 100
AGREED ORDER EXTENDING DATE FOR SUBMISSION OF REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW is due 11/9/18. Signed by Judge Michael R. Barrett on 11/8/18. (ba)
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Filing 99
AGREED ORDER extending date for submission of revised findings of fact and conclusions of law until 11/2/18. Signed by Judge Michael R. Barrett on 10/25/18. (ba)
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| Filing 98 Transcript of Proceedings, Day 3 of Bench Trial, held on August 9, 2018, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 10/22/2018. Redacted Transcript Deadline set for 10/30/2018. Release of Transcript Restriction set for 12/28/2018. (Maffia, Maryann) |
| Filing 97 Transcript of Proceedings, Day 2 of Bench Trial, held on August 8, 2018, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 10/12/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/20/2018. (Maffia, Maryann) |
| Filing 96 Transcript of Proceedings, Day 1 of Bench Trial, held on August 7, 2018, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 10/9/2018. Redacted Transcript Deadline set for 10/18/2018. Release of Transcript Restriction set for 12/17/2018. (Maffia, Maryann) |
| Filing 95 AMENDED EXHIBIT LIST. (ba) |
| Filing 94 Minute Entry for proceedings held before Judge Michael R. Barrett: Bench Trial completed on 8/9/2018. (Court Reporter: Maryann Maffia) (Attachments: #1 Exhibit List) (ba) |
| Filing 93 Minute Entry for proceedings held before Judge Michael R. Barrett: Bench Trial (Day 2) held on 8/8/2018; testimony continues and exhibits are admitted; court in recess until 8/9/18 at 9:00 am. (Court Reporter: Maryann Maffia) (ba) |
| Filing 92 Minute Entry for proceedings held before Judge Michael R. Barrett: Bench Trial began on 8/7/2018; counsel present; opening statements; plaintiff calls witness; exhibits admitted; Court in recess until 8/8/18 at 9:00 am. (Court Reporter: Maryann Maffia) (ba) |
| Filing 91 DEPOSITION of NYL by Mark Pfaff as Rule 30(b)(6) Witness taken on 11/03/2014 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - NYL Rule 30(b)(6), #2 Exhibit 1 to the Deposition of NYL Rule 30(b)(6), #3 Exhibit 2 to the Deposition of NYL Rule 30(b)(6)) (Geoppinger McCoy, Jean) |
| Filing 90 DEPOSITION of Paul T. Pasteris taken on 01/06/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - Paul Pasteris Designated Testimony, #2 Exhibits - Paul Pasteris Designated Testimony) (Geoppinger McCoy, Jean) |
| Filing 89 DEPOSITION of Theodore A. Mathas taken on 01/09/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - Theodore Mathas Designated Testimony, #2 Exhibits - Theodore Mathas Designated Testimony) (Geoppinger McCoy, Jean) |
| Filing 88 DEPOSITION of Ronald Dawson taken on 03/03/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - Ronald Dawson Designated Testimony, #2 Exhibit - Ronald Dawson Designated Testimony) (Geoppinger McCoy, Jean) |
| Filing 87 DEPOSITION of Michael Gordon taken on 03/23/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - Michael Gordon Designated Testimony, #2 Exhibits - Michael Gordon Designated Testimony) (Geoppinger McCoy, Jean) |
| Filing 86 DEPOSITION of William Sweeney taken on 08/19/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - William Sweeney Designated Testimony, #2 Exhibit - William Sweeney Designated Testimony) (Geoppinger McCoy, Jean) |
| Filing 85 DEPOSITION of R. Marshall Boutwell taken on 08/31/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - R. Marshall Boutwell Designated Testimony) (Geoppinger McCoy, Jean) |
| Filing 84 DEPOSITION of Greg Peter taken on 08/20/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - Greg Peter Designated Testimony) (Geoppinger McCoy, Jean) |
| Filing 83 DEPOSITION of NYL by Mark Pfaff as Rule 30(b)(6) Witness taken on 11/03/2014 by Plaintiff Michael P. Daly. (Attachments: #1 Transcript - NYL Rule 30(b)(6) Designated Testimony, #2 Exhibits - NYL Rule 30(b)(6) Designated Testimony) (Geoppinger McCoy, Jean) |
| Filing 82 NOTICE by Plaintiff Michael P. Daly of Joint Submission of Designated Deposition Testimony (Geoppinger McCoy, Jean) |
| Filing 81 STIPULATION Regarding Authenticity and Admissibility of Exhibits by Plaintiff Michael P. Daly. (Geoppinger McCoy, Jean) |
| Filing 80 Witness List by Defendant New York Life Insurance Company. (Attachments: #1 Certificate of Service) (Banks, Michael) |
| Filing 79 Witness List by Plaintiff Michael P. Daly. (Geoppinger McCoy, Jean) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/27/2018; Jean McCoy appeared for Plaintiff; Michael Banks and Scott McIntyre appeared for Defendants; trial schedule and format discussed; exhibits (3 copies) plus one electronic copy due 8/6/18; depositions to be filed and 2 paper copies due to the Court 8/6/18; parties shall provide the Court with a copy of their witness lists by 8/6/18; Bench Trial to commence 8/7/2018 at 09:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 7/27/2018 at 11:30 AM by teleconference before Judge Michael R. Barrett; parties shall refer to #7 Notice of Telephone Conference for conferencing instructions. (ba) |
| Filing 78 Proposed Findings of Fact by Plaintiff Michael P. Daly. (Geoppinger McCoy, Jean) |
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Filing 77
AGREED SCHEDULING ORDER. Signed by Judge Michael R. Barrett on 7/18/18. (ba)
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| Filing 76 Proposed Pretrial Order - Agreed Scheduling Order by Plaintiff Michael P. Daly. (Geoppinger McCoy, Jean) |
| Filing 75 Proposed Findings of Fact by Defendant New York Life Insurance Company. (Banks, Michael) |
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Filing 74
ORDER granting #71 Motion for Permission of Michael L. Banks to Act as Trial Counsel. Signed by Judge Michael R. Barrett on 6/18/18. (ba)
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Filing 73
ORDER granting #72 Motion for Leave to Appear Pro Hac Vice of Benjamin K. Jacobs for Defendant New York Life Insurance Company. Signed by Judge Michael R. Barrett on 6/6/18. (ba)
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| Filing 72 Unopposed MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6469349) of Benjamin K. Jacobs by Defendant New York Life Insurance Company. (Attachments: #1 Affidavit Affidavit of Benjamin K. Jacobs) (McIntyre, M) |
| Filing 71 Unopposed MOTION PERMISSION FOR MICHAEL L. BANKS TO ACT AS TRIAL COUNSEL by Defendant New York Life Insurance Company. (Attachments: #1 Text of Proposed Order) (McIntyre, M) |
| NOTICE of Deadline: Facts and Conclusions of Law due by 7/6/2018. (ba) |
| Filing 70 NOTICE by Plaintiff Michael P. Daly of Withdrawal of Co-Counsel for Plaintiff (Pitcairn, Robert) |
| NOTICE of Hearing: Please be aware that the Bench Trial set for 6/11/18 is RESET to 8/6/2018 at 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba) Modified on 11/29/2017 (ba) to edit text and regenerate NEF. |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/9/2017; David Kamp and Jean McCoy appeared for Plaintiff; Michael Banks, Bob Karmen and Scott McIntyre appeared for Defendant; a Bench Trial date of 6/11/2018 at 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett is scheduled; facts and conclusions of law are due by mid May; should the 6/11/18 produce a conflict for the parties, they should initiate contact with the Court. (ba) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 11/9/2017 at 01:30 PM by teleconference before Judge Michael R. Barrett; parties shall refer to #7 Notice of Telephone Conference for conferencing instructions. (ba) |
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Filing 69
ORDER granting in part and denying in part #43 Motion for Summary Judgment. Signed by Judge Michael R. Barrett on 9/30/17. (ba)
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| Filing 68 NOTICE by Defendant New York Life Insurance Company Withdrawal of Appearance (Field, Benjamin) |
| Filing 67 REPLY to Response to Motion re #43 MOTION for Summary Judgment filed by Defendant New York Life Insurance Company. (Attachments: #1 Affidavit Supplemental Declaration of Benjamin Field, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Banks, Michael) |
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Filing 66
ORDER granting #50 Motion for Leave to File Excess Pages; #63 Response in Opposition deemed to be properly filed. Signed by Judge Michael R. Barrett on 3/21/16. (ba)
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Filing 65
ORDER granting #64 Motion for Extension of Time to File Response/Reply re #43 MOTION for Summary Judgment ; Replies due by 3/31/2016. Signed by Judge Michael R. Barrett on 3/14/16. (ba)
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| Filing 64 Unopposed MOTION for Extension of Time to File Response/Reply as to #63 Response in Opposition to Motion New date requested 3/31/2016. by Defendant New York Life Insurance Company. Responses due by 4/1/2016 (Attachments: #1 Text of Proposed Order) (Banks, Michael) |
| Filing 63 RESPONSE in Opposition re #43 MOTION for Summary Judgment filed by Plaintiff Michael P. Daly. (Attachments: #1 Exhibit A -- Declaration of Jean Geoppinger McCoy) (Geoppinger McCoy, Jean) |
| Filing 62 DEPOSITION of Michael Daly taken on 07/02/2013 & 11/13/2014 by Plaintiff Michael P. Daly. (Attachments: #1 Volume 2 (11/13/2014), #2 Signature & Errata Sheet, #3 Daly Exhibits 1-8, #4 Daly Exhibits 9-14) (Geoppinger McCoy, Jean) |
| Filing 61 DEPOSITION of William Sweeney (CORE Federal Credit Union) taken on 08/19/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Sweeney Exhibits 1-4) (Geoppinger McCoy, Jean) |
| Filing 60 DEPOSITION of Greg Peter taken on 08/20/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Signature & Errata Sheet, #2 Peter Exhibits 1-9) (Geoppinger McCoy, Jean) |
| Filing 59 DEPOSITION of Paul Pasteris taken on 01/06/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Pasteris Exhibits 1-55) (Geoppinger McCoy, Jean) |
| Filing 58 DEPOSITION of Mark Pfaff taken on 02/06/2015 by Plaintiff Michael P. Daly. (Attachments: #1 Pfaff Exhibits 70-91) (Geoppinger McCoy, Jean) |
| Filing 57 NOTICE by Plaintiff Michael P. Daly of Filing of Depositions (Daly, Pasteris, Peter, Pfaff and Sweeney) (Geoppinger McCoy, Jean) |
| Filing 56 NOTICE of Filing of Signature, Errata Sheet and Exhibits to the #51 Deposition of R. Marshall Boutwell by Plaintiff Michael P. Daly. (Attachments: #1 Signature & Errata Sheet, #2 Boutwell Exhibits 1-5) (Geoppinger McCoy, Jean) Modified docket text on 3/1/2016 (eh). |
| Filing 55 NOTICE of Filing of Exhibits to the #52 Deposition of Michael Gordon by Plaintiff Michael P. Daly. (Attachments: #1 Gordon Exhibits 92-93) (Geoppinger McCoy, Jean) Modified docket text on 3/1/2016 (eh). |
| Filing 54 NOTICE of Filing of Exhibits re #53 Deposition of Theodore Mathas by Plaintiff Michael P. Daly. (Attachments: #1 Mathas Exhibits 56-69) (Geoppinger McCoy, Jean) Modified docket text on 3/1/2016 (eh). |
| Filing 53 Deposition of Theodore Mathas (Attachments: #1 Transcript -- Theodore Mathas) (Geoppinger McCoy, Jean) Modified to clarify docket text on 2/29/2016 (jlw). |
| Filing 52 Deposition of Michael Gordon (Attachments: #1 Transcript -- Michael Gordon) (Geoppinger McCoy, Jean) Modified to clarify docket text on 2/29/2016 (jlw). |
| Filing 51 Deposition of R. Marshall Boutwell (Peach State Federal Credit Union) (Attachments: #1 Transcript -- R.Marshall Boutwell) (Geoppinger McCoy, Jean) Modified to clarify docket text on 2/29/2016 (jlw). |
| Filing 50 MOTION for Leave to File Excess Pages by Plaintiff Michael P. Daly. Responses due by 3/24/2016 (Geoppinger McCoy, Jean) |
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Filing 49
ORDER granting #48 Motion for Extension of Time to response re #43 Motion for Summary Judgment until 2/29/16. Signed by Judge Michael R. Barrett on 2/22/16. (ba)
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| Filing 48 Unopposed MOTION for Extension of Time New date requested 2/29/2016. to Respond to Motion for Summary Judgment by Plaintiff Michael P. Daly. Responses due by 3/10/2016 (Geoppinger McCoy, Jean) |
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Filing 47
ORDER granting #45 Motion for Extension of Time to file response re #45 Motion for Summary Judgment until 2/17/16. Signed by Judge Michael R. Barrett on 2/12/16. (ba)
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Filing 46
ORDER granting #42 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 2/5/16. (ba)
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| Filing 45 MOTION for Extension of Time New date requested 2/17/2016. to Respond to Defendant's Motion for Summary Judgment by Plaintiff Michael P. Daly. Responses due by 2/29/2016 (Geoppinger McCoy, Jean) |
| Filing 44 BRIEF re #43 MOTION for Summary Judgment by Defendant New York Life Insurance Company. (Attachments: #1 Affidavit Declaration of Benjamin H. Field in Support of Defendant's Motion for Summary Judgment, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Exhibit 27, #29 Exhibit Exhibit 28, #30 Exhibit Exhibit 29, #31 Exhibit Exhibit 30, #32 Exhibit Exhibit 31, #33 Exhibit Exhibit 32, #34 Exhibit Exhibit 33, #35 Exhibit Exhibit 34, #36 Exhibit Exhibit 35, #37 Exhibit Exhibit 36, #38 Exhibit Exhibit 37, #39 Exhibit Exhibit 38, #40 Exhibit Exhibit 39) (Banks, Michael) |
| Filing 43 MOTION for Summary Judgment by Defendant New York Life Insurance Company. Responses due by 2/16/2016 (Attachments: #1 Text of Proposed Order Proposed Order) (Banks, Michael) |
| Filing 42 Unopposed MOTION for Leave to File Excess Pages by Defendant New York Life Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order) (Banks, Michael) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/3/2015; Sarah Abbott and Jean McCoy appeared for Plaintiff; Michael Banks and Benjamin Field appeared for Defendant; parties are working through discovery and will keep the Court informed about discovery/expert deadlines. (ba) |
| NOTICE of Hearing: Please be aware that the Status Conference set for 10/30/15 is RESET to 11/3/2015 at 11:00 AM and will remain set by teleconference before Judge Michael R. Barrett; parties are reminded to refer to #7 Notice of Telephone Conference for conferencing instructions. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/21/2015; Sarah Abbott and Jean McCoy appeared for Plaintiff; Michael Banks and Benjamin Field appeared for Defendant; parties shall confer regarding their discovery issued and follow up with the Court for a Status Conference set for 10/30/2015 at 09:00 AM to be conducted by teleconference before Judge Michael R. Barrett; parties shall refer to #38 Notice of Telephone Conference for conferencing instructions. (ba) |
| NOTICE of Hearing: Please be aware that the Status Conference set for 10/19/15 is RESET to 10/21/2015 at 09:30 AM and remains set by teleconference before Judge Michael R. Barrett; parties shall refer to #38 Notice of Telephone Conference for conferencing instructions. (ba) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 10/19/2015 at 03:30 PM by teleconference before Judge Michael R. Barrett; Parties shall refer to #38 Notice of Telephone Conference for conferencing information (ba) |
| Minute entry for proceedings held before Judge Michael R. Barrett; Status Conference held on 10/1/2015; David Kamp and Jean McCoy appeared for Plaintiff; Michael Banks and Benjamin Field appeared for Defendant; discovery matters discussed; Follow up Status Conference set for 10/30/2015 at 9:00 a.m. by teleconference before Judge Michael R. Barrett. Parties shall refer to Doc. 38 Notice of Telephone Conference for conferencing information. (eh) |
| Please be aware that the Conference set for 10/1/2015 at 02:00 PM by teleconference before Judge Michael R. Barrett is being RESET in time only to 10/1/2015 at 11:30 AM. Parties shall refer to #38 Notice of Telephone Conference for conferencing information. (eh) |
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Filing 41
ORDER granting #40 Motion for Extension of Time to Serve Expert Reports; Plaintiff shall serve his expert reports on or before 10/15/15. Signed by Judge Michael R. Barrett on 9/25/15. (ba)
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| Filing 40 MOTION for Extension of Time New date requested 10/15/2015. to Serve Expert Reports by Plaintiff Michael P. Daly. Responses due by 10/9/2015 (Geoppinger McCoy, Jean) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/25/2015; Jean McCoy appeared for Plaintiff; Michael Banks and Benjamin Field appeared for Defendant; Fact Discovery due by 9/1/2015. Plaintiff submission of expert reports due 9/15/15. Follow up Status Conference set for 10/1/2015 at 02:00 PM by teleconference before Judge Michael R. Barrett. Parties shall refer to [38} Notice of Telephone Conference for conferencing information . (ba1) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/19/2015; Sarah Abbott and Jean McCoy appeared for Plaintiff; Benjamin Field and Michael Banks appeared for Defendant; parties shall work on an amended calendar for the follow up Status Conference set for 3/25/2015 at 10:30 AM to be conducted by teleconference before Judge Michael R. Barrett; parties shall refer to #38 Notice of Telephone Conference for conferencing information. (ba1) |
| Filing 39 NOTICE by Plaintiff Michael P. Daly of Subpoena (Geoppinger McCoy, Jean) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/16/2015; Sarah Abbott and Jean McCoy appeared for Plaintiff; Benjamin Field appeared for Defendant; parties are working on discovery; a follow up Status Conference is set for 2/19/2015 at 11:00 AM by teleconference before Judge Michael R. Barrett; parties shall refer to #38 Notice of Telephone Conference for conferencing information. (ba1) |
| Filing 38 NOTICE: Please be aware that a Conference is set for 1/16/2015 at 01:30 PM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (ba1) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/24/2014; David Kamp and Jean McCoy appeared for Plaintiff; Michael Banks appeared for Defendant; parties continue to wor on depositions/discovery; case to proceed as scheduled; a follow up Status Conference is set for 1/16/2015 at 01:30 PM by teleconference before Judge Michael R. Barrett; a telephone conference notice with new conferencing instructions to follow. (ba1) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Telephone Status Conference held on 11/10/2014; Jean McCoy appeared for Plaintiff; Benjamin Field and Michael Banks appeared for Defendant; parties to work towards developing a plan for remaining discovery; a follow-up status conference is set for 11/24/2014 at 4:15 PM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 4:15 pm. (eh1) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 11/10/2014 at 4:00 PM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 4:00 pm. (eh1) |
| Minute entry: This case came before the Court for a settlement conference with Judge Timothy S. Black on 9/23/14 at 9:30 a.m. For Plaintiff: Attorneys David Kamp and Jean Geoppinger McCoy appeared with Plaintiff Michael Daley. For Defendant: Attorneys Scott McIntyre, Benjamin Field and Michael Banks appeared with New York Life Insurance Company representative Karen Lamp. Mediation took place; case did not settle. (mr1) |
| Filing 37 NOTICE of Appearance by Sarah E Abbott for Plaintiff Michael P. Daly (Abbott, Sarah) |
| NOTICE TERMINATING DEADLINES/HEARINGS - Please be aware that the 7/16/14 status conference is VACATED as this time subject to resetting at the parties' request. (ba1) |
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Filing 36
ORDER SETTING SETTLEMENT CONFERENCE - The settlement conference is set for September 23, 2014 at 9:30 a.m., at the Potter Stewart U.S. Courthouse, 100 E. Fifth Street, Room 815, Cincinnati, Ohio. Signed by Judge Timothy S. Black on 6/30/2014. (mr1)
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Filing 35
Order referring case to Judge Timothy S. Black for settlement purposes only. Signed by Judge Michael R. Barrett on 5/14/14. (ba1)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Telephone Status Conference held on 5/9/2014; Jean McCoy appeared for Plaintiff; Benjamin Field, Scott McIntyre and Michael Banks appeared for Defendant; parties to work towards agreement on issues related to scope of discovery, including possible cost-shifting; parties to explore settlement among themselves and are amenable to settlement conference with judicial officer. (eh1) |
| NOTICE of Hearing: Please be aware that the Status Conference previously set for 5/7/2014 is being RESET to 5/9/2014 at 9:30 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 9:30 am. (eh1) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 5/7/2014 at 11:00 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 11:00 am; parties shall submit brief statements summarizing the issues to Chambers at Barrett_Chambers@ohsd.uscourts.gov before 5:00 pm on 5/5/2014. (eh1) |
| Filing 34 Proposed Pretrial Order Proposed/Agreed Modified Calendar Order by Plaintiff Michael P. Daly. (Geoppinger McCoy, Jean) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/5/2014; David Kamp and Jean McCoy appeared in person for the Plaintiff; Benjamin Field and Michael Banks appeared by phone and Scott McIntyre appeared in person for Defendant; parties agree to an amended calendar as follows: Discovery due by 12/1/2014. Motions due by 1/8/2015. Follow up Status Conference set for 7/16/2014 at 01:30 PM by teleconference before Judge Michael R. Barrett. Parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:30 pm; final pretrial conference 6/2015. Bench trial 7/2015. (ba1) Modified on 2/6/2014 (ba1) to edit text and regenerate NEF. |
| Filing 33 NOTICE by Plaintiff Michael P. Daly of Withdrawal of Counsel Carl Stich (Stich, Carl) |
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Filing 32
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 3/6/13. (ba1)
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Filing 31
CALENDAR ORDER: Amended Pleadings due by 3/1/2013. Lay Witness due by 10/1/2013. Status Conference set for 2/5/2014 at 01:30 PM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 9/2/2013. Plaintiff Rebuttal Expert due by 12/31/2013. Defendant Primary Expert due by 11/22/2013. Discovery due by 1/31/2014. Motions due by 3/22/2014. Final pretrial conference 10/2014. Bench trial 11/2014. Signed by Judge Michael R. Barrett on 1/23/13. (ba1)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 1/23/2013 with Law Clerk; Carl Stich, Robert Pitcairn, and Jeanne Geoppinger appeared for Plaintiff; Gregory Mersol, Benjamin Field and Scott McIntyre appeared for Defendant; calendar order to follow. (ba1) |
| Filing 30 NOTICE of Appearance by Jean M Geoppinger McCoy for Plaintiff Michael P. Daly (Geoppinger McCoy, Jean) |
| Filing 29 RULE 26(f) REPORT by Plaintiff Michael P. Daly. (Stich, Carl) |
| NOTICE OF HEARING: Rule 26(f) Report due by 1/16/2013; Scheduling Conference set for 1/23/2013 at 02:30 PM by teleconference before Judge Michael R. Barrett; Parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 2:30 pm. Parties may obtain all the pretrial forms such as the Rule 26(f) report and trial procedures used by the trial and Magistrate Judge by visiting our website at: www.ohsd.uscourts.gov (ba1) |
| Filing 28 ANSWER to #15 Amended Complaint and Affirmative Defenses filed by New York Life Insurance Company. (McIntyre, M) |
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Filing 27
ORDER granting #26 Motion for Extension of Time to Answer re #15 Amended Complaint New York Life Insurance Company answer due 11/14/2012.. Signed by Judge Michael R. Barrett on 11/7/12. (ba1)
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| Filing 26 Unopposed MOTION for Extension of Time to File Answer New date requested 11/14/2012. by Defendant New York Life Insurance Company. (Attachments: #1 Text of Proposed Order) (McIntyre, M) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to Answer re #15 Amended Complaint; New York Life Insurance Company answer due 10/31/2012. Signed by Judge Michael R. Barrett on 9/25/12. (ba1)
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| Filing 24 Unopposed MOTION for Extension of Time to File Answer re #15 Amended Complaint New date requested 10/31/2012. by Defendant New York Life Insurance Company. (Attachments: #1 Text of Proposed Order) (McIntyre, M) |
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Filing 23
ORDER denied as moot #6 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #17 Motion to Dismiss. Signed by Judge Michael R. Barrett on 9/17/12. (ba1)
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Filing 22
ORDER granting #16 Motion for Extension of Time to Answer; #17 MOTION to Dismiss Second Amended Complaint is hereby deemed as being timely filed. Signed by Judge Michael R. Barrett on 8/20/12. (ba1)
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| Filing 21 REPLY to Response to Motion re #17 MOTION to Dismiss Second Amended Complaint filed by Defendant New York Life Insurance Company. (McIntyre, M) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to File Response/Reply re #17 MOTION to Dismiss Second Amended Complaint; Replies due by 7/23/2012. Signed by Judge Michael R. Barrett on 7/6/12. (ba1)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 Motion to Dismiss New date requested 7/23/2012. by Defendant New York Life Insurance Company. (Attachments: #1 Text of Proposed Order) (McIntyre, M) Modified to create link to motion on 7/2/2012 (eh). |
| Filing 18 RESPONSE in Opposition re #17 MOTION to Dismiss Second Amended Complaint filed by Plaintiff Michael P. Daly. (Stich, Carl) |
| Filing 17 MOTION to Dismiss Second Amended Complaint by Defendant New York Life Insurance Company. Responses due by 7/2/2012 (Attachments: #1 Text of Proposed Order Order) (McIntyre, M) |
| Filing 16 Unopposed MOTION for Extension of Time to File Answer re #15 Amended Complaint New date requested 6/8/2012. by Defendant New York Life Insurance Company. (Attachments: #1 Memorandum, #2 Text of Proposed Order) (McIntyre, M) |
| Filing 15 AMENDED COMPLAINT against New York Life Insurance Company, filed by Michael P. Daly. (Attachments: #1 Exhibit A - Agent Contract) (Stich, Carl) |
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Filing 14
ORDER granting #13 Motion to Amend/Correct and to stay the briefing on #6 Motion to Dismiss until the filing of the amended complaint; Plaintiff shall electronically file his Amended Complaint by 4/30/12. Signed by Judge Michael R. Barrett on 3/29/12. (ba1)
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| Filing 13 MOTION to Amend/Correct #5 Amended Complaint and Stay Motion to Dismiss by Plaintiff Michael P. Daly. (Stich, Carl). Added MOTION to Stay on 3/27/2012 (sct1). |
| Filing 12 STIPULATION (Second) Enlarging Time for Plaintiff to Respond to Defendant's Motion to Dismiss by Plaintiff Michael P. Daly. (Kamp, David) |
| Filing 11 STIPULATION Enlarging Time for Plaintiff to Respond to Defendant's Motion to Dismiss by Plaintiff Michael P. Daly. (Kamp, David) |
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Filing 10
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Benjamin H. Field for Defendant. Signed by Judge Michael R. Barrett on 2/28/12. (ba1)
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Filing 9
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice of Michael L. Banks for Defendant. Signed by Judge Michael R. Barrett on 2/27/12. (ba1)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice of Michael L. Banks (Filing fee $ 200, receipt number 0648-3548211) by Defendant New York Life Insurance Company. (Attachments: #1 Affidavit of Michael L. Banks, #2 Text of Proposed Order) (McIntyre, M) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice of Benjamin H. Field (Filing fee $ 200, receipt number 0648-3548192) by Defendant New York Life Insurance Company. (Attachments: #1 Affidavit of Benjamin H. Field, #2 Text of Proposed Order) (McIntyre, M) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant New York Life Insurance Company. (Attachments: #1 Text of Proposed Order) (McIntyre, M) |
| Filing 5 STATE COURT COMPLAINT AMENDED COMPLAINT against New York Life Insurance Company Filed in Hamilton County Court of Common Pleas, filed by Michael P. Daly. (jlw) |
| Filing 4 STATE COURT COMPLAINT against New York Life Insurance Company, filed by Michael P. Daly. Filed in Hamilton County Court of Common Pleas. (jlw) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw) |
| Filing 3 Corporate Disclosure Statement by Defendant New York Life Insurance Company. (McIntyre, M) |
| Filing 2 NOTICE of Appearance by M Scott McIntyre for Defendant New York Life Insurance Company (McIntyre, M) |
| Filing 1 NOTICE OF REMOVAL from Hamilton County Court of Common Pleas, case number A1200167 ( Filing fee $ 350 paid - receipt number: 0648-3528663), filed by New York Life Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Legible Version of Complaint, #3 Exhibit C - Amended Complaint, #4 Exhibit D - Summons issued 01/18/2012, #5 Exhibit E - Summons issued 01/17/2012, #6 Exhibit F - Affidavit of Antonio Gonzalez, #7 Exhibit G - Notice of Filing Notice of Removal, #8 Civil Cover Sheet, #9 Supplemental Civil Cover Sheet) (McIntyre, M) |
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