Shelton v. Lumico Life Insurance Company et al
Plaintiff: JAMES EVERETT SHELTON
Defendant: Lumico Life Insurance Company and Assurance IQ, Inc.
Case Number: 2:2021cv03045
Filed: July 7, 2021
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: JOHN M YOUNGE
Nature of Suit: Other Statutes: Other Statutory Actions
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2021 Filing 44 NOTICE of Appearance by DANIEL E. BREWER on behalf of Assurance IQ, Inc. with Certificate of Service(BREWER, DANIEL)
August 27, 2021 Filing 43 NOTICE of Appearance by MEREDITH C SLAWE on behalf of Assurance IQ, Inc. with Certificate of Service(SLAWE, MEREDITH)
August 19, 2021 Copy of Order/Notice dated 8/3/21 (Document # 40-42) and envelope returned from the U.S. Postal Service addressed to VICTOR GENCIN for the following reason: UNABLE TO FORWARD. (JL)
August 3, 2021 Opinion or Order Filing 42 ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF KEITH J. KEOGH, ESQ., (ECF NO. 39) TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JOHN M. YOUNGE ON 8/3/21.8/3/21 ENTERED AND COPIES MAILED AND E-MAILED.(kw, )
August 3, 2021 Opinion or Order Filing 41 ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF TIMOTHY J. SOSTRIN, ESQ., (ECF NO. 38) TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JOHN M. YOUNGE ON 8/3/21.8/3/21 ENTERED AND COPIES MAILED AND E-MAILED.(kw, )
August 3, 2021 Opinion or Order Filing 40 ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF ANTHONY PARONICH, ESQ., (ECF NO. 37) TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JOHN M. YOUNGE ON 8/3/21.8/3/21 ENTERED AND COPIES MAILED AND E-MAILED.(kw, )
July 29, 2021 Filing 39 First MOTION for Pro Hac Vice Admission of Keith J. Keogh ( Filing fee $ 40 receipt number APAEDC-15301739.) filed by JAMES EVERETT SHELTON.Certificate of Service.(KELLEY, GREGORY)
July 29, 2021 Filing 38 First MOTION for Pro Hac Vice Timothy J. Sostrin ( Filing fee $ 40 receipt number APAEDC-15301476.) filed by JAMES EVERETT SHELTON.Certificate of Service.(KELLEY, GREGORY)
July 29, 2021 Filing 37 First MOTION for Pro Hac Vice Admission of Anthony Paronich ( Filing fee $ 40 receipt number APAEDC-15301413.) filed by JAMES EVERETT SHELTON.Certificate of Service.(KELLEY, GREGORY)
July 21, 2021 Opinion or Order Filing 36 ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF LEWIS S. WIENER, ESQ. (ECF NO. 35) TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JOHN M. YOUNGE ON 7/21/21.7/22/21 ENTERED AND COPIES MAILED AND E-MAILED.(kw, )
July 21, 2021 Filing 35 MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-15265950.) filed by Lumico Life Insurance Company.Application, Motion and Order.(KOCHIS, KYMBERLY)
July 21, 2021 Filing 34 NOTICE of Appearance by KYMBERLY KOCHIS on behalf of Lumico Life Insurance Company with Certificate of Service(KOCHIS, KYMBERLY)
July 13, 2021 Opinion or Order Filing 33 ORDER THAT A FED.R.CIV.P.16 CONFERENCE WILL BE HELD ON 9/23/21 AT 10:00 A.M.; ETC.. SIGNED BY HONORABLE JOHN M. YOUNGE ON 7/13/21. 7/14/21 ENTERED AND E-MAILED.(JL )
July 8, 2021 Filing 32 Case transferred in from District of New York Southern; Case Number 7:19-cv-06494. Original file certified copy of transfer order and docket sheet received.
July 7, 2021 Opinion or Order Filing 31 ORDER TRANSFERRING CASE TO THE EASTERN DISTRICT OF PENNSYLVANIA: Defendant Assurance IQ, LLC has served a motion to transfer this action to the Eastern District of Pennsylvania. Subsequently, the parties have filed a stipulation agreeing to the transfer. Based on the parties stipulation, that Court finds pursuant to 28 U.S.C. 1404 that (1) this case arises from telephone calls Plaintiff received in the Eastern District of Pennsylvania; (2) Plaintiff could have brought this case initially in the Eastern District of Pennsylvania; (3) the parties have consented to transfer to the Eastern District of Pennsylvania; and (4) transfer will promote the convenience of parties and witnesses be in the interests of justice. Given this order, all pending motions are denied as moot. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/7/2021) (rj) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/8/2021.]
May 17, 2021 Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Prudential Financial, Inc. for Assurance IQ, Inc.. Document filed by Assurance IQ, Inc...(Genecin, Victor) [Transferred from New York Southern on 7/8/2021.]
May 17, 2021 Filing 29 NOTICE OF APPEARANCE by Victor Genecin on behalf of Assurance IQ, Inc...(Genecin, Victor) [Transferred from New York Southern on 7/8/2021.]
March 30, 2021 Opinion or Order Filing 28 MEMO ENDORSED ORDER denying #26 Motion for Conference re: #26 MOTION for Conference Request for a Fed. R. Civ. P. 16 Conference. ENDORSEMENT: The Court is in possession of Defendant Assurance IQ, Inc.'s ("Assurance") pre-motion letter, dated September 12, 2019 (attached hereto), seeking leave to file the following motions: (1) motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer the case to the Eastern District of Pennsylvania and dismiss claims of non-Pennsylvania residents; (2) a motion to strike the class definitions and allegations; (3) a motion to dismiss claims related to an alleged failure to identify; and (4) a motion to stay the case pending FCC rulemaking under the doctrine of primary jurisdiction. Plaintiff's letter in opposition, dated September 17, 2019, is also attached. The Court waives the pre-motion conference requirement and grants Assurance leave to file its motions with the following briefing schedule: moving papers shall be served not filed May 17, 2021: Plaintiff's opposition papers shall be served not filed July 2, 2021; and reply papers shall be served July 19, 2021. All motion documents shall be filed on the reply date, July 19, 2021. The parties shall provide 2 hard courtesy copies of their respective motion documents to Chambers on the dates the documents are served upon their adversary. Counsel shall also provide the Court with one electronic copy of their respective motion papers as they are served. The Court also reviewed Plaintiff's motion, dated July 28, 2020 (ECF No. 26) seeking a R. 16 conference and Defendant Lumico Life Inc. Co.'s letter in opposition, dated July 31, 2020 (ECF No. 27). Plaintiff's application is denied and discovery is held in abeyance pending the Court's resolution of Assurance's motions. The Clerk of the Court is respectfully requested to terminate the motion (ECF No. 26). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/30/2021) (rj) [Transferred from New York Southern on 7/8/2021.]
March 30, 2021 Set/Reset Deadlines: Motions due by 7/19/2021. (rj) [Transferred from New York Southern on 7/8/2021.]
October 20, 2020 Magistrate Judge Andrew E. Krause is so redesignated. (wb) [Transferred from New York Southern on 7/8/2021.]
July 31, 2020 Filing 27 LETTER RESPONSE in Opposition to Motion addressed to Judge Nelson Stephen Roman from Lewis S. Wiener dated July 31, 2020 re: #26 MOTION for Conference Request for a Fed. R. Civ. P. 16 Conference. . Document filed by Lumico Life Insurance Company..(Wiener, Lewis) [Transferred from New York Southern on 7/8/2021.]
July 28, 2020 Filing 26 MOTION for Conference Request for a Fed. R. Civ. P. 16 Conference. Document filed by James Everett Shelton..(Paronich, Anthony) [Transferred from New York Southern on 7/8/2021.]
October 15, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for Daniel L. Delnero to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #23 MOTION for Eric J. Troutman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17767134. Motion and supporting papers to be reviewed by Clerk's Office staff., #25 MOTION for Daniel L Delnero to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17767744. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) [Transferred from New York Southern on 7/8/2021.]
October 14, 2019 Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel L Delnero to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17767744. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Assurance IQ, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing (Georgia), #2 Text of Proposed Order)(Delnero, Daniel) Modified on 10/15/2019 (wb). [Transferred from New York Southern on 7/8/2021.]
October 14, 2019 Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel L. Delnero to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Assurance IQ, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing (Georgia), #2 Text of Proposed Order)(Troutman, Eric) Modified on 10/15/2019 (wb). [Transferred from New York Southern on 7/8/2021.]
October 14, 2019 Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eric J. Troutman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17767134. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Assurance IQ, Inc.. (Attachments: #1 Exhibit A - Certificate of Good Standing (California), #2 Exhibit B - Certificate of Good Standing (Washington), #3 Text of Proposed Order)(Troutman, Eric) Modified on 10/15/2019 (wb). [Transferred from New York Southern on 7/8/2021.]
September 30, 2019 Filing 22 ANSWER to #1 Complaint. Document filed by Lumico Life Insurance Company.(Wiener, Lewis) [Transferred from New York Southern on 7/8/2021.]
September 30, 2019 Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Swiss Reinsurance Ltd for Lumico Life Insurance Company. Document filed by Lumico Life Insurance Company.(Wiener, Lewis) [Transferred from New York Southern on 7/8/2021.]
September 25, 2019 Filing 20 NOTICE OF APPEARANCE by Larry P. Schiffer on behalf of Assurance IQ, Inc.. (Schiffer, Larry) [Transferred from New York Southern on 7/8/2021.]
September 23, 2019 Filing 19 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Francis X Nolan dated 9/20/2019 re: Request for extension of time to answer or otherwise respond to the complaint. ENDORSEMENT: The application is denied. Extension of time to respond is granted as follows: Dft Lumico shall either file an answer or submit a pre-motion letter on or before September 30, 2019., Lumico Life Insurance Company answer due 9/30/2019. (Signed by Judge Nelson Stephen Roman on 9/23/2019) (rj) Modified on 11/4/2019 (rj). [Transferred from New York Southern on 7/8/2021.]
August 12, 2019 Opinion or Order Filing 18 ORDER: THIS MATTER IS BEFORE THE COURT on Plaintiff James Everett Shelton and Defendant Assurance IQ, Inc.'s Stipulation of Extension of Time to Respond to the Complaint (the "Stipulation"). Pursuant to Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure, the Court has considered the Stipulation and the record as a whole and, for good cause shown, hereby GRANTS the Stipulation. Defendant Assurance IQ, Inc. shall have up to and including September 13, 2019 to answer or otherwise respond to Plaintiff's Complaint. Assurance IQ, Inc. answer due 9/13/2019. (Signed by Judge Nelson Stephen Roman on 8/12/2019) (mro) [Transferred from New York Southern on 7/8/2021.]
July 29, 2019 Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint served. Service was accepted by Julia Rutledge, Assistant Secretary for RSC Corporation, Registered Agent. Document filed by James Everett Shelton. (Keogh, Keith) [Transferred from New York Southern on 7/8/2021.]
July 29, 2019 Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #17 Summons Returned Executed) - SUMMONS RETURNED EXECUTED Summons and Complaint served. Assurance IQ, Inc. served on 7/23/2019, answer due 8/13/2019. Service was accepted by Julia Rutledge, Assistant Secretary for RSC Corporation, Registered Agent. Document filed by James Everett Shelton. (Keogh, Keith) Modified on 7/30/2019 (db). [Transferred from New York Southern on 7/8/2021.]
July 23, 2019 Opinion or Order Filing 15 ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #9 Motion for Anthony I. Paronich to Appear Pro Hac Vice. SO ORDERED. Clerk of the Court requested to terminate the motion (doc. 9). (Signed by Judge Nelson Stephen Roman on 7/23/2019) (ne) [Transferred from New York Southern on 7/8/2021.]
July 23, 2019 Opinion or Order Filing 14 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #10 Motion for Timothy James Sostrin to Appear Pro Hac Vice. SO ORDERED. Clerk of the Court requested to terminate the motion (doc. 10). (Signed by Judge Nelson Stephen Roman on 7/23/2019) (ne) [Transferred from New York Southern on 7/8/2021.]
July 23, 2019 Filing 13 NOTICE OF APPEARANCE by Francis Xavier Nolan, IV on behalf of Lumico Life Insurance Company. (Nolan, Francis) [Transferred from New York Southern on 7/8/2021.]
July 23, 2019 Filing 12 NOTICE OF APPEARANCE by Lewis S. Wiener on behalf of Lumico Life Insurance Company. (Wiener, Lewis) [Transferred from New York Southern on 7/8/2021.]
July 23, 2019 Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Lumico Life Insurance Company waiver sent on 7/23/2019, answer due 9/23/2019. Document filed by James Everett Shelton. (Paronich, Anthony) [Transferred from New York Southern on 7/8/2021.]
July 22, 2019 Filing 10 MOTION for Timothy James Sostrin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17286477. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Everett Shelton. (Attachments: #1 Affidavit of Timothy Sostrin, #2 Illinois Certificate of Admission, #3 Text of Proposed Order)(Sostrin, Timothy) [Transferred from New York Southern on 7/8/2021.]
July 22, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Timothy James Sostrin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17286477. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/8/2021.]
July 19, 2019 Filing 9 MOTION for Anthony I. Paronich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17275476. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Everett Shelton. (Attachments: #1 Exhibit 1 -- Affidavit of Anthony I. Paronich, #2 Exhibit 2 -- Certificate of Good Standing for Anthony I. Paronich, #3 Text of Proposed Order Proposed Order)(Paronich, Anthony) [Transferred from New York Southern on 7/8/2021.]
July 19, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Anthony I. Paronich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17275476. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/8/2021.]
July 17, 2019 Opinion or Order Filing 8 ORDER FOR ADMISSION PRO HAC VICE granting #3 Motion for Keith James Keogh to Appear Pro Hac Vice. ENDORSEMENT: Clerk of the Court requested to terminate the motion (doc. 3). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/17/2019) (rj) [Transferred from New York Southern on 7/8/2021.]
July 15, 2019 Filing 7 ELECTRONIC SUMMONS ISSUED as to Lumico Life Insurance Company. (pne) [Transferred from New York Southern on 7/8/2021.]
July 15, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to Assurance IQ, Inc.. (pne) [Transferred from New York Southern on 7/8/2021.]
July 15, 2019 Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) [Transferred from New York Southern on 7/8/2021.]
July 15, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) [Transferred from New York Southern on 7/8/2021.]
July 15, 2019 Case Designated ECF. (pne) [Transferred from New York Southern on 7/8/2021.]
July 15, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Keith Keogh. The party information for the following party/parties has been modified: James Everett Shelton. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) [Transferred from New York Southern on 7/8/2021.]
July 15, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Keith Keogh. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne) [Transferred from New York Southern on 7/8/2021.]
July 12, 2019 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Assurance IQ, Inc., re: #1 Complaint. Document filed by James Everett Shelton. (Keogh, Keith) [Transferred from New York Southern on 7/8/2021.]
July 12, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Lumico Life Insurance Company, re: #1 Complaint. Document filed by James Everett Shelton. (Keogh, Keith) [Transferred from New York Southern on 7/8/2021.]
July 12, 2019 Filing 3 MOTION for Keith James Keogh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17236288. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Everett Shelton. (Attachments: #1 Affidavit of Keith Keogh, #2 Illinois Certificate of Admission, #3 Florida Certificate of Good Standing, #4 Text of Proposed Order)(Keogh, Keith) [Transferred from New York Southern on 7/8/2021.]
July 12, 2019 Filing 2 CIVIL COVER SHEET filed. (Keogh, Keith) [Transferred from New York Southern on 7/8/2021.]
July 12, 2019 Filing 1 COMPLAINT against Assurance IQ, Inc., Lumico Life Insurance Company. (Filing Fee $ 400.00, Receipt Number ANYSDC-17235928)Document filed by James Everett Shelton.(Keogh, Keith) [Transferred from New York Southern on 7/8/2021.]
July 12, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for Keith James Keogh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17236288. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) [Transferred from New York Southern on 7/8/2021.]

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Search for this case: Shelton v. Lumico Life Insurance Company et al
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Plaintiff: JAMES EVERETT SHELTON
Represented By: TIMOTHY JAMES SOSTRIN
Represented By: ANTHONY PARONICH
Represented By: KEITH J. KEOGH
Represented By: GREGORY CLINTON KELLEY
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Defendant: Lumico Life Insurance Company
Represented By: LEWIS S. WIENER
Represented By: Francis Xavier Nolan, IV
Represented By: KYMBERLY KOCHIS
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Defendant: Assurance IQ, Inc.
Represented By: VICTOR GENECIN
Represented By: DANIEL L. DELNERO
Represented By: ERIC J. TROUTMAN
Represented By: LARRY P. SCHIFFER
Represented By: DANIEL E. BREWER
Represented By: MEREDITH C SLAWE
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