MOLLOY et al v. AETNA LIFE INSURANCE COMPANY et al
| JACQUELINE MOLLOY and PAUL MOLLOY |
| AETNA LIFE INSURANCE COMPANY and AETNA, INC. |
| 2:2019cv03902 |
| August 28, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| ANITA B BRODY |
| CYNTHIA M RUFE |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 58 NOTICE of Withdrawal of Appearance by HILLARY B. WEINSTEIN on behalf of All Plaintiffs (WEINSTEIN, HILLARY) |
| Filing 57 MOTION for Approval of Class Action Settlement & Directing Issuance of Notice filed by JACQUELINE MOLLOY, PAUL MOLLOY.Memorandum, Declaration, Certificate of Service. (Attachments: #1 Exhibit Exhibits 1-4)(SENOFF, DAVID) |
| Filing 56 MOTION for Leave to File Excess Pages filed by JACQUELINE MOLLOY, PAUL MOLLOY.Memorandum of Law, Certificate of Service.(SENOFF, DAVID) |
| Filing 55 NOTICE of Withdrawal of Appearance by AIMEE L. KUMER on behalf of AETNA LIFE INSURANCE COMPANY, AETNA, INC.(KUMER, AIMEE) |
Filing 54
ORDER THAT THE ORDER TO SHOW CAUSE IS DISCHARGED; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/4/22. 1/4/22 ENTERED AND E-MAILED.(JL )
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Filing 53
ORDER THAT PLAINTIFF SHALL SHOW CAUSE BY JANUARY 18, 2022, WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/3/22. 1/3/22 ENTERED AND COPIES E-MAILED. (va, )
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Filing 52
ORDER THAT THE PARTIES SHALL SUBMIT A JOINT REPORT BY OR BEFORE 12/7/21, PURSUANT TO THE ORDER OF 6/1/21, WHICH SHALL OUTLINE THE STATUS OF THE CASE AND ANY DEVELOPMENTS SINCE THE PARTIES LAST REPORT; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/23/21. 11/23/21 ENTERED AND E-MAILED.(JL )
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Filing 51
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE JAN E. DUBOIS TO HONORABLE CYNTHIA M. RUFE FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 9/3/21. 9/3/21 ENTERED & E-MAILED.(fdc)
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| Filing 50 JOINT STATUS REPORT (va, ) |
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Filing 49
ORDER THAT ALL PROCEEDINGS IN THIS CASE ARE STAYED UNTIL FURTHER ORDER OF THE COURT; THE CLERK OF COURT SHALL TRANSFER THE CASE TO THE CIVIL SUSPENSE FILE; THE CLERK OF COURT SHALL MARK THE CASE CLOSED FOR STATISTICAL PURPOSES; THE COURT SHALL RETAIN JURISDICTION OVER THE CASE AND THE CASE SHALL BE RETURNED TO THE COURTS ACTIVE DOCKET WHEN SETTLEMENT DISCUSSIONS HAVE CONCLUDED AND THE PARTIES HAVE SUBMITTED THE ABOVE-REFERENCED PROPOSED AMENDED PLEADING TO THE COURT; THE PARTIES SHALL SUBMIT JOINT STATUS REPORTS TO THE COURT AT THREE MONTH INTERVALS OR MORE FREQUENTLY IF WARRANTED BY THE CIRCUMSTANCES; ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/1/21. 6/1/21 ENTERED AND COPIES E-MAILED. (va, )
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| Filing 48 STIPULATED CONFIDENTIALITY AND QUALIFIED PROTECTIVE ORDER. SIGNED BY HONORABLE JAN E. DUBOIS ON 4/28/21. 4/28/21 ENTERED AND COPIES E-MAILED. (va, ) |
| Filing 47 Joint MOTION for Protective Order filed by AETNA LIFE INSURANCE COMPANY, AETNA, INC...(SCHWEMLER, MARK) |
| Filing 46 Minute Entry for proceedings held before HONORABLE JAN E. DUBOIS. Telephone Conference held on 3/23/21. (va, ) |
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Filing 45
ORDER THAT THE COURT WILL HOLD THE MOTION TO DISMISS IN ABEYANCE UNTIL MAY 28, 2021. ON OR BEFORE THAT DATE, COUNSEL SHALL PROVIDE THE COURT A REPORT SUMMARIZING THE STRUCTURE OF A POTENTIAL SETTLEMENT AND PROPOSING A SCHEDULE FOR ALL POTENTIAL SETTLEMENT-RELATED PROCEEDINGS.. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/23/21. 3/23/21 ENTERED AND COPIES E-MAILED. (va, )
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| Filing 44 NOTICE of Withdrawal of Appearance by GREGORY S. VOSHELL on behalf of AETNA LIFE INSURANCE COMPANY, AETNA, INC. |
| Filing 43 Joint Letter/Request of the parties for a telephone conference to address developments in the case, dated 12/15/20. (va, ) |
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Filing 42
ORDER THAT THE MOTION TO DISMISS SHALL BE HELD IN ABEYANCE FOR AN ADDITIONAL SIXTY (60) DAYS, THAT IS, UNTIL FEBRUARY 26, 2021; ON OR BEFORE FEBRUARY 26, 2021, THE PARTIES SHALL JOINTLY REPORT TO THE COURT (LETTER TO CHAMBERS, ROOM 12613) REGARDING SETTLEMENT OF THE CASE. IN THE EVENT THAT THE CASE IS NOT SETTLED, THE PARTIES SHALL INCLUDE IN THEIR JOINT REPORT EITHER A STATEMENT THAT THE COURT MAY PROCEED TO DECIDE THE MOTION TO DISMISS AS CURRENTLY BRIEFED, OR A REQUEST TO FILE SUPPLEMENTAL BRIEFING. ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/28/20. 12/29/20 ENTERED AND COPIES E-MAILED. (va, )
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| DOC. 40 MAILED TO ATTORNEY WITHOUT EMAIL ADDRESS. (sg, ) |
| Filing 41 Letter dated 11/16/20 by AETNA LIFE INSURANCE COMPANY, re: Request for Abeyance. (va, ) |
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Filing 40
ORDER THAT THE JOINT LETTER/REQUEST OF THE PARTIES TO HOLD THE PENDING MOTION TO DISMISS IN ABEYANCE FOR AN ADDITIONAL THIRTY (30) DAYS TO ALLOW THE PARTIES TO DISCUSS RECENT DEVELOPMENTS WHICH MAY MATERIALLY AFFECT ISSUES IN THIS CASE, IS GRANTED, AS FOLLOWS: THE MOTION TO DISMISS SHALL BE HELD IN ABEYANCE FOR AN ADDITIONAL THIRTY (30) DAYS, THAT IS, UNTIL DECEMBER 16, 2020; ON OR BEFORE DECEMBER 16, 2020, THE PARTIES SHALL JOINTLY REPORT TO THE COURT (LETTER TO CHAMBERS, ROOM 12613) REGARDING SETTLEMENT OF THE CASE.. ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/19/20. 11/19/20 ENTERED AND COPIES E-MAILED. ATTY BREYFOGLE NOT MAILED. (va, )
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| Filing 39 Letter dated 10/13/20 from Plaintiff's Counsel to Chambers, re: Request to hold Motion to Dismiss in Abeyance, etc. (va, ) |
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Filing 38
ORDER GRANTING LETTER REQUEST TO HOLD PENDING MOTION TO DISMISS IN ABEYANCE UNTIL 11/16/20. THE PARTIES SHALL JOINTLY FILE A REPORT TO THE COURT REGARDING SETTLEMENT OF THIS CASE, ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 10/16/20. 10/16/20 ENTERED AND COPIES E-MAILED.(va, )
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Filing 37
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE ANITA B. BRODY TO HONORABLE JAN E. DUBOIS FOR ALL FURTHER PROCEEDINGS. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 5/13/20. 5/14/20 ENTERED AND COPIES E-MAILED. ATTY BREYFOGLE NOT MAILED.(va, )
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| Filing 36 Minute Entry for proceedings held before HONORABLE ANITA B. BRODY. Rule 16 Telephone Conference held on 5/11/20. (va, ) |
| Filing 35 NOTICE that the Rule 16 conference scheduled for May 11, 2020 at 2:00 P.M. #32 will be held via telephone. Please call 1-571-353-2300 then enter 712575170#.(jwl, ) |
| Filing 34 Response to Defendants' Notice of Supplemental Authority by JACQUELINE MOLLOY, PAUL MOLLOY. (Attachments: #1 Exhibit A) (WEINSTEIN, HILLARY) |
| Filing 33 NOTICE by AETNA LIFE INSURANCE COMPANY, AETNA, INC. re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of supplemental authority in support of Defendants' Motion (Attachments: #1 Exhibit 1)(SCHWEMLER, MARK) |
| Filing 32 NOTICE of Hearing: A RULE 16 CONFERENCE IS RESCHEDULED FOR 5/11/2020 02:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE ANITA B. BRODY.(jwl, ) |
| Filing 31 NOTICE of Hearing: RULE 16 CONFERENCE RESCHEDULED FOR 4/6/2020 AT 11:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE ANITA B. BRODY.(jwl, ) |
| Filing 30 Discovery Plan by JACQUELINE MOLLOY, PAUL MOLLOY.(WEINSTEIN, HILLARY) |
| Filing 29 REPLY to Response to Motion re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AETNA LIFE INSURANCE COMPANY, AETNA, INC.. (SCHWEMLER, MARK) |
| Filing 28 RESPONSE in Opposition re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JACQUELINE MOLLOY, PAUL MOLLOY. (SENOFF, DAVID) |
| Filing 27 NOTICE of Hearing: A RULE 16 CONFERENCE SET FOR 3/16/2020 02:00 PM IN JUDGE CHAMBERS, ROOM 7613, 7TH FLOOR, 601 MARKET ST., PHILADELPHIA, PA BEFORE HONORABLE ANITA B. BRODY.(jwl, ) Modified on 1/9/2020 (jwl, ). COPIES MAILED AND E-MAILED. |
| Notice that the Rule 16 conference previously scheduled for 1/14/2020 is continued to 3/16/2020(jwl, ) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AETNA LIFE INSURANCE COMPANY, AETNA, INC..Memorandum, Certificate of Service, Proposed Order. (Attachments: #1 Memorandum)(SCHWEMLER, MARK) |
| Filing 25 NOTICE by AETNA LIFE INSURANCE COMPANY, AETNA, INC. Letter to Judge Brody re: Unopposed Requests (SCHWEMLER, MARK) |
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Filing 24
ORDER denying #21 Motion to Dismiss for Failure to State a Claim. SIGNED BY HONORABLE ANITA B. BRODY ON 12/17/19.12/17/19 ENTERED AND COPIES SENT VIA ECF AND SENT U.S. MAIL.(jwl, ) Modified on 12/17/2019 (jwl, ).
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| Filing 23 AMENDED COMPLAINT against AETNA LIFE INSURANCE COMPANY, AETNA, INC., filed by PAUL MOLLOY, JACQUELINE MOLLOY. JURY DEMAND. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D part 1, #5 Exhibit D part 2, #6 Exhibit E-F, #7 Exhibit G, #8 Exhibit H-M)(va, ) |
| Set/Reset Deadlines as to #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . RESPONSES DUE BY 1/28/2020. REPLIES DUE BY 2/11/2020. (md) |
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Filing 22
STIPULATION AND ORDER - THE PARTIES JOINT REQUEST FOR AN EXTENSION OF CURRENT BRIEFING DEADLINES RELATED TO DEFENDANTS' MOIION TO DISMISS (DOC 21) IS GRANTED. 1. PLAINTIFFS WILL FILE THEIR AMENDED COMPLAINT ON OR BEFORE DECEMBER 13, 2019; 2. DEFENDANTS' WILL FILE THEIR ANSWER TO PLAINTIFFS' AMENDED COMPLAINT OR MOTION TO DISMISS ON OR BEFORE JANUARY 6, 2020; 3. PLAINTIFFS' WILL FILE ANY RESPONSE TO A MOTION TO DISMISS FILED BY DEFENDANTS ON OR BEFORE JANUARY 28, 2020; AND 4. DEFENDANTS' WILL FILE THEIR REPLY BRIEF IN SUPPORT OF THEIR MOTION TO DISMISS ON OR BEFORE FEBRUARY 11, 2020. APPROVED BY THE COURT:. SIGNED BY HONORABLE ANITA B. BRODY ON 12/2/2019. 12/2/2019 ENTERED AND COPIES VIA ECF.(mo, )
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| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AETNA LIFE INSURANCE COMPANY, AETNA, INC..Memorandum, Certificate of Service, Proposed Order. (Attachments: #1 Text of Proposed Order, #2 Memorandum with Certificate of Service, #3 Declaration with Exhibits 1 and 2)(SCHWEMLER, MARK) |
| Filing 20 NOTICE of Appearance by AIMEE L. KUMER on behalf of AETNA LIFE INSURANCE COMPANY, AETNA, INC. with Certificate of Service(KUMER, AIMEE) |
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Filing 19
ORDER that THE APPLICATION OF JON W. BREYFOGLE, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED.. SIGNED BY HONORABLE ANITA B. BRODY ON 10/31/2019.10/31/2019 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )
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Filing 18
ORDER that THE APPLICATION OF MARK C. NIELSEN, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED.. SIGNED BY HONORABLE ANITA B. BRODY ON 10/31/2019.10/31/2019 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, ) Modified on 10/31/2019 (mo, ).
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Filing 17
ORDER that THE APPLICATION OF PAUL RINEFIERD, ESQUIRE, TO PRACTICE IN THIS COURT PURUSANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED.. SIGNED BY HONORABLE ANITA B. BRODY ON 10/31/2019.10/31/2019 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )
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| Filing 16 MOTION for Pro Hac Vice Jon W. Breyfogle ( Filing fee $ 40 receipt number 0313-13889484.) filed by AETNA LIFE INSURANCE COMPANY, AETNA, INC..Certificate of Service.(SCHWEMLER, MARK) |
| Filing 15 MOTION for Pro Hac Vice Paul Rinefierd ( Filing fee $ 40 receipt number 0313-13889469.) filed by AETNA LIFE INSURANCE COMPANY, AETNA, INC..Certificate of Service.(SCHWEMLER, MARK) |
| Filing 14 MOTION for Pro Hac Vice Mark C. Nielsen ( Filing fee $ 40 receipt number 0313-13889427.) filed by AETNA LIFE INSURANCE COMPANY, AETNA, INC..Certificate of Service.(SCHWEMLER, MARK) |
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Filing 13
ORDER that DEFENDANTS' UNOPPOSED REQUEST FOR RESCHEDULING OF TWO DEADLINES (ECF NO. 12) IS GRANTED. ACCORDINGLY, DEFENDANT MUST FILE A RESPONSE TO PLAINTIFF'S COMPLAINT ON OR BEFORE NOVEMBER 15, 2019. THE RULE 16 CONFERENCE SCHEDULED FOR NOVEMBER 25, 2019 IS CANCELLED. A RULE 16 CONFERENCE WILL NOW BE HELD IN CHAMBERS ON JANUARY 14, 2020 AT 2:00 P.M... SIGNED BY HONORABLE ANITA B. BRODY ON 10/24/2019. 10/25/2019 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )
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| Filing 12 NOTICE by AETNA LIFE INSURANCE COMPANY, AETNA, INC. Letter to Judge Brody re: Unopposed Requests (SCHWEMLER, MARK) |
| Filing 11 NOTICE of Hearing:THE SCHEDULING CONFERENCE SCHEDULED FOR NOVEMBER 14, 2019 AT 10:00 A.M. IS CANCELED AND RESCHEDULED FOR NOVEMBER 25, 2019 AT 02:00 PM IN JUDGE CHAMBERS, ROOM 7613 ON THE 7TH FLOOR, BEFORE HONORABLE ANITA B. BRODY.10/10/2019 ENTERED AND COPIES VIA ECF.(mo, ) |
| Filing 10 NOTICE of Appearance by BRETT N. BENTON on behalf of JACQUELINE MOLLOY, PAUL MOLLOY with Certificate of Service(BENTON, BRETT) |
| Filing 9 NOTICE of Appearance by RICHARD M. OCHROCH on behalf of JACQUELINE MOLLOY, PAUL MOLLOY with Certificate of Service(OCHROCH, RICHARD) |
| Filing 8 NOTICE of Hearing:A RULE 16 CONFERENCE WILL BE HELD ON 11/14/2019 AT 10:00 AM IN JUDGE CHAMBERS, ROOM 7613 ON THE 7TH FLOOR, BEFORE HONORABLE ANITA B. BRODY.10/03/2019 ENTERED AND VIA ECF.(mo, ) |
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Filing 7
ORDER that DEFENDANTS' UNOPPOSED REQUEST FOR AN EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT (ECF NO. 6) IS GRANTED. ACCORDINGLY, DEFENDANTS MUST RESPOND TO THE COMPLAINT ON OR BEFORE OCTOBER 30, 2019.. SIGNED BY HONORABLE ANITA B. BRODY ON 9/19/2019. 9/20/2019 ENTERED AND COPIES VIA ECF.(mo, )
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| Filing 6 NOTICE by AETNA LIFE INSURANCE COMPANY, AETNA, INC. re #1 Complaint, Letter to Judge Brody re: Unopposed Request for Extension of Time to Answer, Move, or Otherwise Respond to the Complaint (SCHWEMLER, MARK) |
| Filing 5 NOTICE of Appearance by GREGORY S. VOSHELL on behalf of AETNA LIFE INSURANCE COMPANY, AETNA, INC. with Certificate of Service (Attachments: #1 Certificate of Service)(VOSHELL, GREGORY) |
| Filing 4 NOTICE of Appearance by MARK JOSEPH SCHWEMLER on behalf of AETNA LIFE INSURANCE COMPANY, AETNA, INC. with Certificate of Service (Attachments: #1 Certificate of Service)(SCHWEMLER, MARK) |
| Filing 3 NOTICE of Appearance by DAVID S. SENOFF on behalf of JACQUELINE MOLLOY, PAUL MOLLOY with Certificate of Service(SENOFF, DAVID) |
| Filing 2 AFFIDAVIT of Service re: served Summons and Complaint upon Aetna, Inc and Aetna Life Insurance Company by Certified Mail on 09/09/2019 (Attachments: #1 Exhibit A)(WEINSTEIN, HILLARY) |
| Filing 1 Complaint against AETNA LIFE INSURANCE COMPANY and AETNA, INC. ( Filing fee $ 400 receipt number PPE202764) filed by PAUL MOLLOY, JACQUELINE MOLLOY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-F, #6 Exhibit G, #7 Exhibit H-N)(mbh, ) |
| (2) Summonses Issued as to AETNA LIFE INSURANCE COMPANY and AETNA, INC. Forwarded To: counsel on 8/29/19 (mbh, ) |
| Demand for Trial by Jury. (mbh, ) . |
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