Morgan v. Hitachi Vantara Corporation et al
Plaintiff: Gerald Morgan
Defendant: Liberty Life Assurance Company of Boston, Hitachi Data Systems' Health and Welfare Benefits Plan and Hitachi Vantara Corporation
Case Number: 2:2019cv02982
Filed: July 10, 2019
Court: US District Court for the Southern District of Ohio
Presiding Judge: Edmund A Sargus
Referring Judge: Chelsey M Vascura
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2020 Filing 41 NOTICE by Plaintiff Gerald Morgan of Subpoena (Attachments: #1 Subpoena) (Watson, Kristin)
September 25, 2020 Opinion or Order Filing 40 ORDER - re Telephone Conference. The current discovery deadline is September 29, 2020. To help facilitate the deposition of Mr. Villegas, the Court hereby ORDERS an extension of the discovery deadline to OCTOBER 29, 2020, for the LIMITED PURPOSE of deposing Mr. Villegas. The parties maynot engage in any other discovery beyond the September 29, 2020 deadline. The deadline for dispositive motions will remain December 7, 2020. Discovery due by 10/29/2020. Signed by Magistrate Judge Chelsey M. Vascura on 09/25/2020. (mdr)
September 22, 2020 Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 9/22/2020. (agm)
September 1, 2020 Filing 38 NOTICE by Plaintiff Gerald Morgan of Subpoena (Watson, Kristin)
August 31, 2020 Opinion or Order Filing 37 ORDER granting the parties' Joint Stipulation of Dismissal of Defendant Hitachi Vantara Corporation'sCounterclaim. (ECF No. #36 .). Defendant Hitachi Vantara Corporations Counterclaim is DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Chelsey M. Vascura on 8/31/2020. (daf)
August 28, 2020 Filing 36 STIPULATION of Dismissal of Defendant Hitachi Vantara Corporation's Counterclaim with Prejudice by Defendant Hitachi Vantara Corporation. (Carroll, Thomas)
July 29, 2020 Set/Reset Columbus PPTO Deadlines: Discovery due by 9/29/2020. Dispositive motions due by 12/7/2020. (agm)
July 29, 2020 Opinion or Order Filing 35 NOTATION ORDER granting #34 Motion to Amend/Correct. By Magistrate Judge Chelsey M. Vascura on 7/29/2020. (agm)
July 28, 2020 Filing 34 Unopposed MOTION to Amend/Correct 32 Order on Motion to Amend/Correct, #18 Preliminary Pretrial Order, by Plaintiff Gerald Morgan. (Attachments: #1 Exhibit 1, Reasonable Diligence Subpoena) (Watson, Kristin)
June 24, 2020 Filing 33 NOTICE by Plaintiff Gerald Morgan of Subpoena (Watson, Kristin)
June 19, 2020 Set/Reset Columbus PPTO Deadlines: Discovery extended to 7/31/2020 for the sole purpose of conducting the deposition of Gilbert Villegas. Dispositive motions due by 10/8/2020. (agm)
June 19, 2020 Opinion or Order Filing 32 NOTATION ORDER granting #31 Motion to Amend Case Deadlines. By Magistrate Judge Chelsey M. Vascura on 6/19/2020. (agm)
June 16, 2020 Filing 31 Unopposed MOTION to Amend/Correct #18 Preliminary Pretrial Order, by Plaintiff Gerald Morgan. (Watson, Kristin)
May 4, 2020 Filing 29 Notice of Mediation Conference: Mediator Ronald G. Linville to conduct mediation in Via video conference. Mediation Hearing set for 5/27/2020 at 01:00 PM. (Linville, Ronald)
April 3, 2020 NOTICE DESIGNATING MEDIATOR: Ronald G Linville assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in May 2020. The mediator will then file a Notice Setting Mediation. (kk2)
March 23, 2020 Filing 27 NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in May 2020. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the Court is 4/2/2020. (kk2)In light of the COVID-19 pandemic, all in-person mediations are pos tponed; however, the parties and mediators are DIRECTED to attempt mediation via telephone or video conference.
December 23, 2019 Filing 26 ANSWER to #25 Amended Answer to Complaint, Counterclaim filed by Gerald Morgan. (Watson, Kristin)
December 3, 2019 Filing 25 AMENDED ANSWER to Plaintiff's #1 Complaint,,, and, COUNTERCLAIM against Gerald Morgan by Plaintiff Gerald Morgan. (Carroll, Thomas)
December 3, 2019 Opinion or Order Filing 24 NOTATION ORDER granting #23 Motion for Leave to File Amended Answer and Counterclaim. By Magistrate Judge Chelsey M. Vascura on 12/3/2019. (agm)
December 2, 2019 Filing 23 Unopposed MOTION for Leave to File Amended Answer and Counterclaim by Defendants Hitachi Data Systems' Health and Welfare Benefits Plan, Hitachi Vantara Corporation. (Carroll, Thomas)
November 18, 2019 Opinion or Order Filing 22 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 11/18/2019. (daf)
November 15, 2019 Filing 21 NOTICE by Plaintiff Gerald Morgan Proposed Stipulated Protective Order (Watson, Kristin)
October 8, 2019 Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 10/8/2019. (agm)
October 8, 2019 Opinion or Order Filing 20 NOTATION ORDER: The Clerk's Office has provided sealed access to counsel to file the Administrative Record under seal pursuant to the October 8th, 2019 Preliminary Pretrial Order. By Magistrate Judge Chelsey M. Vascura on 10/8/2019. (daf) Modified text on 10/9/2019 (daf).
October 8, 2019 Filing 19 Sealed Access was granted by the Court to permit counsel to file the Administrative Record under seal pursuant to the October 8th, 2019 Preliminary Pretrial Order. (daf) Modified text on 10/9/2019 (daf).
October 8, 2019 Opinion or Order Filing 18 PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 12/1/2019. Motions to Amend due by 12/1/2019. Administrative Record Deadline (for ERISA cases) due by 5/1/2020. Initial Disclosures due by 11/1/2019. Discovery due by 5/1/2020. Dispositive motions due by 7/10/2020. Settlement Demand due by 12/15/2019. Response to Settlement Demand due by 1/15/2020. Mediation Deadline: 5/2020. Signed by Magistrate Judge Chelsey M. Vascura on 10/8/2019. (daf)
October 2, 2019 Opinion or Order NOTATION ORDER: The Motions for Admission Pro Hac Vice of Danielle K. Herring and Thomas W. Carroll are GRANTED . By Magistrate Judge Chelsey M. Vascura on 10/2/2019. (daf)
October 1, 2019 Filing 17 RULE 26(f) REPORT by Plaintiff Gerald Morgan. (Watson, Kristin)
October 1, 2019 Filing 16 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7134712) of Danielle K. Herring by Defendants Hitachi Data Systems' Health and Welfare Benefits Plan, Hitachi Vantara Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Newcomb, Angelique)
October 1, 2019 Filing 15 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7134687) of Thomas W. Carroll by Defendants Hitachi Data Systems' Health and Welfare Benefits Plan, Hitachi Vantara Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Newcomb, Angelique)
September 27, 2019 Filing 14 ANSWER to #5 Answer to Complaint, Counterclaim filed by Gerald Morgan. (Watson, Kristin)
September 20, 2019 Filing 13 NOTICE of Hearing: Initial Conference set for 10/8/2019 02:30 PM before Magistrate Judge Chelsey M. Vascura. (agm)
September 9, 2019 Filing 12 Corporate Disclosure Statement by Defendant Hitachi Data Systems' Health and Welfare Benefits Plan. (Newcomb, Angelique)
September 9, 2019 Filing 11 Corporate Disclosure Statement by Defendants Hitachi Vantara Corporation, Hitachi Ltd, Hitachi Global Digital Holdings Corporation identifying Corporate Parent Hitachi Ltd, Corporate Parent Hitachi Global Digital Holdings Corporation for Hitachi Vantara Corporation.. (Newcomb, Angelique)
September 9, 2019 Filing 10 ANSWER to #1 Complaint,,, filed by Hitachi Data Systems' Health and Welfare Benefits Plan, Hitachi Vantara Corporation. (Newcomb, Angelique)
September 9, 2019 Opinion or Order Filing 9 NOTATION ORDER granting #8 Motion to Appoint Counsel. Attorney Iwana Rademaekers, admitted Pro Hac Vice to this action on 9/9/2019, may serve as Trial Counsel for Defendant Liberty Life Assurance Company of Boston. By Magistrate Judge Chelsey M. Vascura on 9/9/2019. (agm)
September 9, 2019 Opinion or Order NOTATION ORDER: The Motion for Admission Pro Hac Vice of lwana Rademaekers is GRANTED . By Magistrate Judge Chelsey M. Vascura on 9/9/2019. (daf)
September 6, 2019 Filing 8 MOTION to Appoint Counsel Trial Counsel by Defendant Liberty Life Assurance Company of Boston. (Riepenhoff, David)
September 6, 2019 Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7097333) of Iwana Rademaekers by Defendant Liberty Life Assurance Company of Boston. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Iwana Rademaekers' List of Courts Admitted) (Riepenhoff, David)
September 6, 2019 Filing 6 Corporate Disclosure Statement by Defendants Liberty Life Assurance Company of Boston, Lincoln National Life Insurance Company, Lincoln National Corp. identifying Corporate Parent Lincoln National Life Insurance Company, Corporate Parent Lincoln National Corp. for Liberty Life Assurance Company of Boston.. (Riepenhoff, David)
September 6, 2019 Filing 5 Defendant Liberty Life Assurance Company of Boston's ANSWER to #1 Complaint,,, , COUNTERCLAIM against Gerald Morgan filed by Liberty Life Assurance Company of Boston. (Riepenhoff, David)
August 2, 2019 Filing 4 WAIVER OF SERVICE Returned Executed. Waiver sent to Hitachi Data Systems' Health and Welfare Benefits Plan on 7/10/2019, answer due 9/9/2019. (Watson, Kristin)
August 2, 2019 Filing 3 WAIVER OF SERVICE Returned Executed. Waiver sent to Hitachi Vantara Corporation on 7/10/2019, answer due 9/9/2019. (Watson, Kristin)
July 31, 2019 Filing 2 WAIVER OF SERVICE Returned Executed. Waiver sent to Liberty Life Assurance Company of Boston on 7/10/2019, answer due 9/9/2019. (Watson, Kristin)
July 10, 2019 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-7003706), filed by Gerald Morgan. (Attachments: #1 Exhibit 1, Plan Document, #2 Exhibit 2. Group Disability Income Policy, #3 Exhibit 3, 2015 Sales Commission Plan, #4 Exhibit 4, 2015 Benefits Guide, #5 Exhibit 5, 11/28/2017 Correspondence, #6 Exhibit 6, Information Request, #7 Exhibit 7, 01/29/2018 Correspondence, #8 Exhibit 8, 02/09/2018 Correspondence, #9 Exhibit 9, 03/13/2018 Correspondence, #10 Exhibit 10, 03/15/2018 Correspondence, #11 Exhibit 11, 04/17/2018 Claim, #12 Exhibit 12, 07/12/2018 Claim Denial, #13 Exhibit 13, 07/24/2018 Correspondence, #14 Exhibit 14, Request for Review, #15 Exhibit 15, Denial of Request for Review, #16 Civil Cover Sheet) (Watson, Kristin)

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Defendant: Liberty Life Assurance Company of Boston
Represented By: David Alan Riepenhoff
Represented By: Iwana Rademaekers
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Defendant: Hitachi Data Systems' Health and Welfare Benefits Plan
Represented By: Angelique Paul Newcomb
Represented By: Thomas W Carroll
Represented By: Danielle K Herring
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Defendant: Hitachi Vantara Corporation
Represented By: Angelique Paul Newcomb
Represented By: Thomas W Carroll
Represented By: Danielle K Herring
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Plaintiff: Gerald Morgan
Represented By: Kristin Seifert Watson
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