Morgan v. Hitachi Vantara Corporation et al
| Gerald Morgan |
| Liberty Life Assurance Company of Boston, Hitachi Data Systems' Health and Welfare Benefits Plan and Hitachi Vantara Corporation |
| 2:2019cv02982 |
| July 10, 2019 |
| US District Court for the Southern District of Ohio |
| Edmund A Sargus |
| Chelsey M Vascura |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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Filing 60
REPLY to Response to Motion re #58 MOTION for Attorney Fees and Costs and Brief in Support filed by Defendant Liberty Life Assurance Company of Boston. (Rademaekers, Iwana)
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Filing 59
RESPONSE in Opposition re #58 MOTION for Attorney Fees and Costs and Brief in Support filed by Plaintiff Gerald Morgan. (Attachments: #1 Affidavit of Kristin Seifert Watson, #2 Affidavit of Gerald Morgan) (Watson, Kristin)
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Filing 58
MOTION for Attorney Fees and Costs and Brief in Support by Defendant Liberty Life Assurance Company of Boston. (Attachments: #1 Unpublished Opinion, #2 Affidavit of Iwana Rademaekers, #3 Affidavit of David A. Riepenhoff) (Rademaekers, Iwana)
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Filing 57
CLERK'S JUDGMENT. Signed by Deputy Clerk on 9/24/2021. (cmw)
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Filing 56
OPINION AND ORDER denying ECF No. #45 Plaintiff Gerald Morgans Motion for Partial Summary Judgment; granting ECF No. #46 Liberty's Motion for Summary Judgment; granting ECF No. #47 Hitachi's Motion for Summary Judgment. Signed by Judge Edmund A. Sargus on 9/24/2021. (cmw)
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Filing 55
NOTICE of Change of Address by Iwana Rademaekers (Rademaekers, Iwana)
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Filing 54
REPLY to Response to Motion re #46 MOTION for Summary Judgment on the Administrative Record filed by Defendant Liberty Life Assurance Company of Boston. (Rademaekers, Iwana)
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Filing 53
REPLY to Response to Motion re #47 MOTION for Summary Judgment filed by Defendants Hitachi Data Systems' Health and Welfare Benefits Plan, Hitachi Vantara Corporation. (Attachments: #1 Exhibit C) (Herring, Danielle)
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Filing 52
REPLY to Response to Motion re #45 MOTION for Partial Summary Judgment filed by Plaintiff Gerald Morgan. (Watson, Kristin)
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Filing 51
RESPONSE in Opposition re #45 MOTION for Partial Summary Judgment filed by Defendant Liberty Life Assurance Company of Boston. (Rademaekers, Iwana)
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Filing 50
RESPONSE in Opposition re #45 MOTION for Partial Summary Judgment filed by Defendants Hitachi Data Systems' Health and Welfare Benefits Plan, Hitachi Vantara Corporation. (Herring, Danielle)
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Filing 49
RESPONSE in Opposition re #47 MOTION for Summary Judgment filed by Plaintiff Gerald Morgan. (Attachments: #1 Declaration of Gerald Morgan, #2 Declaration of Gary Patterson, #3 Villegas Deposition Excerpts) (Watson, Kristin)
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Filing 48
RESPONSE in Opposition re #46 MOTION for Summary Judgment on the Administrative Record filed by Plaintiff Gerald Morgan. (Watson, Kristin)
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Filing 47
MOTION for Summary Judgment by Defendants Hitachi Data Systems' Health and Welfare Benefits Plan, Hitachi Vantara Corporation. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit B) (Herring, Danielle)
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Filing 46
MOTION for Summary Judgment on the Administrative Record by Defendant Liberty Life Assurance Company of Boston. (Attachments: #1 Exhibit A, Declaration) (Rademaekers, Iwana)
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Filing 45
MOTION for Partial Summary Judgment by Plaintiff Gerald Morgan. (Watson, Kristin)
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Filing 44
STIPULATION of Dismissal of Defendant Liberty Life Assurance Company of Boston's Counterclaim With Prejudice by Defendant Liberty Life Assurance Company of Boston. (Rademaekers, Iwana)
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Filing 43
NOTATION ORDER granting #42 Motion to Amend Discovery Deadline. By Magistrate Judge Chelsey M. Vascura on 10/19/2020. (agm)
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Set/Reset Columbus PPTO Deadlines: Discovery due by 11/2/2020. (agm)
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Filing 42
Unopposed MOTION to Amend/Correct #40 Order,, #18 Preliminary Pretrial Order, by Plaintiff Gerald Morgan. (Watson, Kristin)
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Filing 41
NOTICE by Plaintiff Gerald Morgan of Subpoena (Attachments: #1 Subpoena) (Watson, Kristin)
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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)
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Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 9/22/2020. (agm)
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Filing 38
NOTICE by Plaintiff Gerald Morgan of Subpoena (Watson, Kristin)
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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)
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Filing 36
STIPULATION of Dismissal of Defendant Hitachi Vantara Corporation's Counterclaim with Prejudice by Defendant Hitachi Vantara Corporation. (Carroll, Thomas)
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Filing 35
NOTATION ORDER granting #34 Motion to Amend/Correct. By Magistrate Judge Chelsey M. Vascura on 7/29/2020. (agm)
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Set/Reset Columbus PPTO Deadlines: Discovery due by 9/29/2020. Dispositive motions due by 12/7/2020. (agm)
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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)
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Filing 33
NOTICE by Plaintiff Gerald Morgan of Subpoena (Watson, Kristin)
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Filing 32
NOTATION ORDER granting #31 Motion to Amend Case Deadlines. By Magistrate Judge Chelsey M. Vascura on 6/19/2020. (agm)
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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)
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Filing 31
Unopposed MOTION to Amend/Correct #18 Preliminary Pretrial Order, by Plaintiff Gerald Morgan. (Watson, Kristin)
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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)
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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)
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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.
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Filing 26
ANSWER to #25 Amended Answer to Complaint, Counterclaim filed by Gerald Morgan. (Watson, Kristin)
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Filing 25
AMENDED ANSWER to Plaintiff's #1 Complaint,,, and, COUNTERCLAIM against Gerald Morgan by Plaintiff Gerald Morgan. (Carroll, Thomas)
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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)
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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)
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Filing 22
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 11/18/2019. (daf)
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Filing 21
NOTICE by Plaintiff Gerald Morgan Proposed Stipulated Protective Order (Watson, Kristin)
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Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 10/8/2019. (agm)
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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).
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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).
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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)
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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)
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Filing 17
RULE 26(f) REPORT by Plaintiff Gerald Morgan. (Watson, Kristin)
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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)
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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)
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Filing 14
ANSWER to #5 Answer to Complaint, Counterclaim filed by Gerald Morgan. (Watson, Kristin)
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Filing 13
NOTICE of Hearing: Initial Conference set for 10/8/2019 02:30 PM before Magistrate Judge Chelsey M. Vascura. (agm)
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Filing 12
Corporate Disclosure Statement by Defendant Hitachi Data Systems' Health and Welfare Benefits Plan. (Newcomb, Angelique)
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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)
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Filing 10
ANSWER to #1 Complaint,,, filed by Hitachi Data Systems' Health and Welfare Benefits Plan, Hitachi Vantara Corporation. (Newcomb, Angelique)
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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)
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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)
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Filing 8
MOTION to Appoint Counsel Trial Counsel by Defendant Liberty Life Assurance Company of Boston. (Riepenhoff, David)
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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)
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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)
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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)
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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)
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Filing 3
WAIVER OF SERVICE Returned Executed. Waiver sent to Hitachi Vantara Corporation on 7/10/2019, answer due 9/9/2019. (Watson, Kristin)
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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)
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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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