SABATINI v. LINCOLN FINANCIAL GROUP
| JANICE SABATINI |
| LINCOLN FINANCIAL GROUP |
| 2:2019cv00169 |
| February 15, 2019 |
| US District Court for the Western District of Pennsylvania |
| Cathy Bissoon |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 |
| Both |
Docket Report
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This docket was last retrieved on March 28, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER granting in part #6 Response to Motion to Dismiss Plaintiff's Complaint Requesting a Sixty Day Stay Pending Exhaustion of Administrative Remedies. In light of Plaintiff's failure to engage in required administrative proceedings before filing this action, the Court hereby STAYS and ADMINISTRATIVELY CLOSES this matter until those proceedings have concluded. Administrative closings are a familiar way in which courts remove cases from their active files without final adjudication. Administrative closure is a docket control device used by the Court for statistical purposes, and it does not prejudice the rights of the parties in any manner. As and when appropriate, any party may restore this action to the Court's active calendar upon application or by motion. In connection with the STAY, the COURT denies #4 Defendant's Motion to Dismiss without prejudice to refiling should this case be reopened. The Court observes from Defendant's Certificate of Compliance to its Motion to Dismiss that Defendant's counsel attempted on four separate occasions to reach Plaintiff's counsel to discuss Plaintiff's failure to exhaust, and received no meaningful response. (Doc. 4 at 4.) The Court advises Defendant's counsel that it will entertain a motion for fees associated with the filing of the Motion to Dismiss, should Defendant's counsel wish to file one. Signed by Judge Cathy Bissoon on 3/28/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (wss)
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| Filing 6 RESPONSE to Motion re #4 MOTION to Dismiss Plaintiff's Complaint Requesting 60 Day Stay filed by JANICE SABATINI. (Attachments: #1 Proposed Order) (Corcoran, John) |
| Filing 5 BRIEF in Support re #4 Motion to Dismiss Plaintiff's Complaint with Prejudice filed by LINCOLN FINANCIAL GROUP. (Attachments: #1 Exhibit) (Snyder, Joshua) |
| Filing 4 MOTION to Dismiss Plaintiff's Complaint by LINCOLN FINANCIAL GROUP. (Attachments: #1 Proposed Order) (Snyder, Joshua) |
| Filing 3 Stipulation for Extension of Time to Answer by LINCOLN FINANCIAL GROUP Answer due from LINCOLN FINANCIAL GROUP on 3/15/2019. (Snyder, Joshua) |
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Filing 2
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 2/15/19. (jhi)
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| Filing 1 NOTICE OF REMOVAL from Common Pleas of Allegheny, case number 19-378 with BOTH Copies attached: Lower Court Complaint, Amended Complaint, Exhibits, Notice of Notione of Removal (Filing fee, including Administrative fee, $400, receipt number 0315-5030996), filed by LINCOLN FINANCIAL GROUP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (jd) |
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| Plaintiff: JANICE SABATINI | |
| Represented By: | John P. Corcoran, Jr. |
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| Defendant: LINCOLN FINANCIAL GROUP | |
| Represented By: | Joshua S. Snyder |
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