Guo v. Cuny
Plaintiff: Hongnian Guo
Defendant: Zeke Cuny, Sheila Heien and Reliance Standard Life Insurance Company
Case Number: 1:2023cv00334
Filed: August 17, 2023
Court: U.S. District Court for the District of Rhode Island
Presiding Judge: John J McConnell
Referring Judge: Patricia A Sullivan
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2023 Filing 27 Corporate Disclosure Statement by Reliance Standard Life Insurance Company. (Magratten, Brooks)
October 5, 2023 Filing 26 ANSWER to #21 Amended Complaint by Reliance Standard Life Insurance Company.(Magratten, Brooks)
October 5, 2023 Filing 25 NOTICE of Appearance by Brooks R. Magratten on behalf of Reliance Standard Life Insurance Company (Magratten, Brooks)
October 5, 2023 Filing 24 NOTICE of Appearance by Stanley F. Pupecki on behalf of Reliance Standard Life Insurance Company (Pupecki, Stanley)
October 4, 2023 Filing 23 Summons Issued as to Reliance Standard Life Insurance Company. (DaCruz, Kayla)
October 4, 2023 Filing 22 Summons Request filed by Hongnian Guo. (DaCruz, Kayla)
October 4, 2023 Filing 21 SECOND AMENDED COMPLAINT against Reliance Standard Life Insurance Company, filed by Hongnian Guo. (Attachments: #1 Civil Cover Sheet)(DaCruz, Kayla) Modified on 10/4/2023 to correct docket text (DaCruz, Kayla).
October 3, 2023 Opinion or Order TEXT ORDER Granting #17 Motion to Dismiss: Defendant's Motion to Dismiss #17 is GRANTED. Ms. Heien is not the proper Defendant to be sued in the ERISA action. Also, the fraud allegations against her are preempted by ERISA. Plaintiff is granted leave to file an Amended Complaint within 14 days that names the correct Defendant Reliance Standard Life Insurance Company. Failure to do so, shall result in this case being terminated. So Ordered by Chief Judge John J. McConnell, Jr. on 10/3/2023. (Jackson, Ryan)
September 26, 2023 Filing 20 REPLY to Response re #18 Response to Motion to Dismiss filed by Sheila Heien. (Magratten, Brooks)
September 26, 2023 Opinion or Order TEXT ORDER granting #19 Motion for Leave to Proceed as Pro Se Electronic Filer. So Ordered by Chief Judge John J. McConnell, Jr. on 9/26/2023. (Simoncelli, Michael)
September 25, 2023 Filing 19 MOTION for Leave to Proceed as Pro Se Electronic Filer filed by Hongnian Guo. (DaCruz, Kayla)
September 25, 2023 Filing 18 RESPONSE In Opposition to #17 MOTION to Dismiss Plaintiff's Amended Complaint filed by Hongnian Guo. Replies due by 10/2/2023. (Attachments: #1 Exhibit)(DaCruz, Kayla)
September 20, 2023 Filing 17 MOTION to Dismiss Plaintiff's Amended Complaint filed by Sheila Heien. Responses due by 10/4/2023. (Attachments: #1 Supporting Memorandum)(Magratten, Brooks)
September 20, 2023 Filing 16 NOTICE of Appearance by Stanley F. Pupecki on behalf of Sheila Heien (Pupecki, Stanley)
September 20, 2023 Filing 15 NOTICE of Appearance by Brooks R. Magratten on behalf of Sheila Heien (Magratten, Brooks)
September 18, 2023 Filing 14 Summons Issued as to Sheila Heien. (Kenny, Meghan)
September 18, 2023 Filing 13 Summons Request filed by Hongnian Guo. (Kenny, Meghan)
September 18, 2023 Filing 12 AMENDED COMPLAINT, filed by Hongnian Guo. (Attachments: #1 Civil Cover Sheet, #2 Motion to Amend)(Kenny, Meghan)
September 12, 2023 Opinion or Order TEXT ORDER granting #9 Motion to Dismiss: Defendant Zeke Cuny's Motion to Dismiss #9 is GRANTED. Mr. Cuny is not the proper Defendant to be sued in this action. Plaintiff is granted leave to file an Amended Complaint within 14 days that names the correct Defendant. Failure to do so, shall result in this case being terminated. So Ordered by Chief Judge John J. McConnell, Jr. on 9/12/2023. (Jackson, Ryan)
September 12, 2023 Opinion or Order TEXT ORDER denying #7 MOTION Opposing Removal re: #1 Notice of Removal: The Plaintiffs Motion to Remand #6 is DENIED (Filed as a "Notice of Filing"). Mr. Guo's Complaint centers on a dispute over a disability policy governed by ERISA. Therefore, this dispute is governed by federal law and the Defendant was entitled to remove it to this Court. So Ordered by Chief Judge John J. McConnell, Jr. on 9/12/2023. (Jackson, Ryan)
September 1, 2023 Filing 11 REPLY to Response re #10 Response to Motion to Dismiss filed by Zeke Cuny. (Magratten, Brooks)
August 30, 2023 Filing 10 RESPONSE In Opposition to #9 MOTION to Dismiss filed by Hongnian Guo. Replies due by 9/6/2023. (DaCruz, Kayla)
August 23, 2023 Filing 9 MOTION to Dismiss filed by Zeke Cuny. Responses due by 9/6/2023. (Attachments: #1 Supporting Memorandum, #2 Exhibit STD Policy, #3 Exhibit LTD Policy)(Magratten, Brooks)
August 23, 2023 Filing 8 RESPONSE In Opposition to #7 MOTION Opposing Removal re: #1 Notice of Removal - New Case, filed by Zeke Cuny. Replies due by 8/30/2023. (Magratten, Brooks)
August 21, 2023 Filing 7 MOTION Opposing Removal re: #1 Notice of Removal - New Case, filed by Hongnian Guo. Responses due by 9/5/2023. (McGuire, Vickie)
August 21, 2023 Filing 6 NOTICE of Filing by Hongnian Guo re #1 Notice of Removal - New Case, (McGuire, Vickie)
August 17, 2023 Filing 5 NOTICE of Appearance by Stanley F. Pupecki on behalf of Zeke Cuny (Pupecki, Stanley)
August 17, 2023 Filing 4 NOTICE of Appearance by Brooks R. Magratten on behalf of Zeke Cuny (Magratten, Brooks)
August 17, 2023 Filing 3 STATE COURT RECORD received electronically from the State of Rhode Island. (Attachments: #1 State Court Record)(DaCruz, Kayla)
August 17, 2023 Filing 2 CASE OPENING NOTICE ISSUED (DaCruz, Kayla)
August 17, 2023 Filing 1 NEW CASE/NOTICE OF REMOVAL from Providence County District Court, Case Number 6CA-2023-07921. Filing fee $ 402, receipt number ARIDC-1901821, filed by Zeke Cuny. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Letter, #3 Civil Cover Sheet)(Magratten, Brooks)
August 17, 2023 Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (DaCruz, Kayla)

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Plaintiff: Hongnian Guo
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Defendant: Zeke Cuny
Represented By: Stanley F. Pupecki
Represented By: Brooks R. Magratten
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Defendant: Sheila Heien
Represented By: Brooks R. Magratten
Represented By: Stanley F. Pupecki
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Defendant: Reliance Standard Life Insurance Company
Represented By: Brooks R. Magratten
Represented By: Stanley F. Pupecki
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