Mackey v. Life Insurance Company of North America
Ryan Mackey |
Life Insurance Company of North America and New York Life Insurance Company |
4:2023cv01343 |
April 4, 2023 |
US District Court for the District of South Carolina |
Sherri A Lydon |
Labor: E.R.I.S.A. |
29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
None |
Docket Report
This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 57 STATUS REPORT Notice of selection of Mediator and mediation. by Ryan Mackey. (Modla, Jacob) |
Filing 56 TEXT ORDER granting #54 Motion to Appear Pro Hac Vice.; granting #55 Motion to Appear Pro Hac Vice. Signed by the Honorable Sherri A Lydon on 5/15/2023. (lgib, ) |
Filing 55 MOTION to Appear Pro Hac Vice by Patrick W. Begos ( Filing fee $ 350 receipt number ASCDC-11094146) by Life Insurance Company of North America. Response to Motion due by 5/24/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for pro hac vice Admission, #2 Proposed Order)No proposed order.(Shuler, Franklin) |
Filing 54 MOTION to Appear Pro Hac Vice by John Tucker ( Filing fee $ 350 receipt number ASCDC-11088498) by Ryan Mackey. Response to Motion due by 5/22/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application, #2 Exhibit Proposed Order)No proposed order.(Modla, Jacob) |
Filing 52 ANSWER to #10 Amended Complaint, by Life Insurance Company of North America. (Shuler, Franklin) Modified on 5/3/2023 correct filing party and to edit text (lgib, ). |
Filing 51 AMENDED COMPLAINT against Life Insurance Company of North America, filed by Ryan Mackey. Service due by 7/17/2023 (Modla, Jacob) |
Filing 50 Local Rule 26.01 Answers to Interrogatories by Ryan Mackey.(Modla, Jacob) |
Filing 49 Local Rule 26.01 Answers to Interrogatories by New York Life Insurance Company.(Shuler, Franklin) |
Filing 48 NOTICE of Appearance by Jacob John Modla on behalf of Ryan Mackey (Modla, Jacob) |
Filing 47 NOTICE of Appearance by Franklin Grady Shuler, Jr on behalf of New York Life Insurance Company (Shuler, Franklin) |
Filing 45 ***DOCUMENT MAILED: #44 Notice of Transfer w/NEF placed in U.S. Mail from Florence Clerks Office to Patrick Walter Begos, Robinson & Cole LLP, 1055 Washington Blvd, Stamford, CT 06901; John V. Tucker, Tucker Disability Law, P.A., 5235 16th Street North, Saint Petersburg, FL 33703-2611. (lgib, ) |
Filing 44 NOTICE OF TRANSFER. (lgib, ) |
Filing 43 Case transferred in from District of New York Southern; Case Number 1:22-cv-07072. Original file certified copy of transfer order and docket sheet received. |
Filing 42 STIPULATION TO SUBSTITUTE PARTY AND TRANSFER VENUE. IT IS THEREFORE STIPULATED AND AGREED by and between the undersigned counsel for all parties, that: The caption of this action shall be amended as further set forth in this Stipulation. Pursuant to 28 U.S.C. 1404(a), the parties consent to the transfer of this action in its entirety to the United States District Court for the District of South Carolina. Within twenty (20) days from the date the transfer of this action is completed, Plaintiff will file in the United States District Court for the District of South Carolina a Second Amended Complaint eliminating New York Life as a defendant, and asserting his claim against LINA only. Plaintiff hereby withdraws his First Request for Production of Documents dated February 10, 2023. Each party shall bear his/its own costs and attorneys' fees in connection with all proceedings in this Court. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/3/23) (yv) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/4/2023.] |
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of South Carolina.(kv) [Transferred from New York Southern on 4/4/2023.] |
Filing 41 PROPOSED STIPULATION AND ORDER. Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 40 ORDER granting #39 Letter Motion to Adjourn Conference. The conf. is adjourned to April 28, 2023, 10:00 am. ( Initial Conference set for 4/28/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/23/23) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 39 JOINT LETTER MOTION to Adjourn Conference scheduled for March 24, 2023, based on parties agreement to transfer action to the United States District Court for the District of South Carolina addressed to Judge Alvin K. Hellerstein from Patrick W. Begos dated March 23, 2023. Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 38 SCHEDULING ORDER: The parties are hereby ordered to appear for an initial conference on March 24, 2023, at 10:00 a.m., which will be held via the following call-in number:Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than March 22, 2023, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Initial Conference set for 3/24/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/21/23) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 37 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alvin K. Hellerstein on 3/20/2023) (va) [Transferred from New York Southern on 4/4/2023.] |
Filing 36 PROPOSED PROTECTIVE ORDER. Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 35 ORDER granting #34 Letter Motion to Adjourn Conference. The conference is adjourned to March 24, 2023 at 10:00 a.m. SO ORDERED. ( Initial Conference set for 3/24/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/14/23) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 34 CONSENT LETTER MOTION to Adjourn Conference scheduled for March 3, 2023 addressed to Judge Alvin K. Hellerstein from Patrick W. Begos dated February 14, 2023. Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 33 SCHEDULING ORDER : The parties are hereby ordered to appear for an initial conference on March 3, 2023 at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than March 1, 2023, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Initial Conference set for 3/3/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/8/23) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 32 ORDER AND OPINION DENYING MOTION TO DISMISS AMENDED COMPLAINT re: #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint. filed by New York Life Insurance Company. Defendant's motion is denied. The Clerk of the Court shall terminate ECF No. 19. The parties shall appear for an Initial Case management Conference on February 24, 2023, at 10:00 a.m., to further regulate proceedings. SO ORDERED., ( Initial Conference set for 2/24/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/31/23) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 31 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint. . Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 30 MEMO ENDORSED ORDER granting #29 Motion to Withdraw as Attorney. ENDORSEMENT: Motion is granted. (Attorney William C Demas terminated.) (Signed by Judge Alvin K. Hellerstein on 12/20/22) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 29 MOTION for William C. Demas to Withdraw as Attorney . Document filed by Ryan Mackey. Return Date set for 1/3/2023 at 11:59 PM..(Tucker, John) [Transferred from New York Southern on 4/4/2023.] |
Filing 28 MEMORANDUM OF LAW in Opposition re: #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint. . Document filed by Ryan Mackey..(Tucker, John) [Transferred from New York Southern on 4/4/2023.] |
Filing 27 MEMO ENDORSED ORDER granting #24 Motion for Extension of Time to File Response/Reply re #24 MOTION for Extension of Time to File Response/Reply as to #20 Declaration in Support of Motion, #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint., #21 Memorandum of Law in Support of Motion ., #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint. ENDORSEMENT: SO ORDERED. ( Responses due by 12/19/2022, Replies due by 1/6/2023.) (Signed by Judge Alvin K. Hellerstein on 12/13/22) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 26 ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for John Vincent Tucker to Appear Pro Hac Vice; granting #23 Motion for John Vincent Tucker to Appear Pro Hac Vice. The motion of John V. Tucker for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 12/13/22) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION for Extension of Time to File Response/Reply as to #20 Declaration in Support of Motion, #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint., #21 Memorandum of Law in Support of Motion . . Document filed by Ryan Mackey..(Tucker, John) [Transferred from New York Southern on 4/4/2023.] |
Filing 24 MOTION for Extension of Time to File Response/Reply as to #20 Declaration in Support of Motion, #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint., #21 Memorandum of Law in Support of Motion . Document filed by Ryan Mackey. Return Date set for 12/19/2022 at 11:59 PM. (Attachments: #1 Supplement Memorandum of Law In Support of Unopposed Motion for Extension of Time to Respond to Motion to Dismiss).(Tucker, John) [Transferred from New York Southern on 4/4/2023.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for John Vincent Tucker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 4/4/2023.] |
Filing 23 MOTION for John Vincent Tucker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Mackey. (Attachments: #1 Text of Proposed Order Proposed Order on Pro Hac Vice, #2 Affidavit Affidavit of Good Standing, #3 Supplement Certificate of Good Standing).(Tucker, John) [Transferred from New York Southern on 4/4/2023.] |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 FIRST MOTION for John Vincent Tucker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27060153. 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 Florida. 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. (sac) [Transferred from New York Southern on 4/4/2023.] |
Filing 22 FIRST MOTION for John Vincent Tucker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27060153. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Mackey. (Attachments: #1 Affidavit Affidavit of Good Standing, #2 Text of Proposed Order Proposed Order of Admission Pro Hac Vice, #3 Supplement Certificate of Good Standing).(Tucker, John) [Transferred from New York Southern on 4/4/2023.] |
Filing 21 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint. . Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 20 DECLARATION of Alexandria Collins in Support re: #19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint.. Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 19 MOTION to Dismiss : Notice of Motion to Dismiss the Amended Complaint. Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 18 ORDER granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer re: #10 Amended Complaint , Request for an Extension of Time to Respond to the Amended Complaint addressed to Judge Alvin K. Hellerstein from Patrick W. Begos dated November 4, 2022., #10 Amended Complaint. So Ordered. (New York Life Insurance Company answer due 11/30/2022.) (Signed by Judge Alvin K. Hellerstein on 11/7/22) (yv) [Transferred from New York Southern on 4/4/2023.] |
Filing 17 LETTER MOTION for Extension of Time to File Answer re: #10 Amended Complaint , Request for an Extension of Time to Respond to the Amended Complaint addressed to Judge Alvin K. Hellerstein from Patrick W. Begos dated November 4, 2022. Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 15 NOTICE OF APPEARANCE by Patrick Walter Begos on behalf of New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 4/4/2023.] |
Filing 14 ACKNOWLEDGMENT OF SERVICE Summons and Amended Complaint served. New York Life Insurance Company served on 10/18/2022, answer due 11/9/2022. Service was made by Mail. Document filed by Ryan Mackey..(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
Filing 13 ELECTRONIC SUMMONS ISSUED as to New York Life Insurance Company..(pc) [Transferred from New York Southern on 4/4/2023.] |
Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to New York Life Insurance Company, re: #10 Amended Complaint. Document filed by Ryan Mackey..(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William C Demas to RE-FILE Document No. #11 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from New York Southern on 4/4/2023.] |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William C Demas. The party information for the following party/parties has been modified: NEW YORK LIFE INSURANCE COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (jgo) [Transferred from New York Southern on 4/4/2023.] |
Filing 11 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to New York Life Insurance Company, re: #10 Amended Complaint. Document filed by Ryan Mackey..(Demas, William) Modified on 10/11/2022 (jgo). [Transferred from New York Southern on 4/4/2023.] |
Filing 10 AMENDED COMPLAINT amending #1 Complaint, against NEW YORK LIFE INSURANCE COMPANY.Document filed by Ryan Mackey. Related document: #1 Complaint,. (Attachments: #1 Exhibit Exhibit A (LTD Policy)).(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
Filing 9 ACKNOWLEDGMENT OF SERVICE. Life Insurance Company of North America served on 8/29/2022, answer due 9/19/2022. Service was accepted by Colleen Draper, Special Deputy Superintendent. Service was made by Mail. Document filed by Ryan Mackey..(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
Filing 8 ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for William C. Demas to Appear Pro Hac Vice. The motion of William C. Demas for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 9/16/22) (yv) [Transferred from New York Southern on 4/4/2023.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for William C. Demas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 4/4/2023.] |
Filing 7 MOTION for William C. Demas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Mackey. (Attachments: #1 Supplement Florida Supreme Court Certificate of Good Standing, #2 Affidavit Affidavit of Good Standing, #3 Text of Proposed Order Proposed order on Pro Hac Vice Motion).(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
Filing 6 ELECTRONIC SUMMONS ISSUED as to Life Insurance Company of North America..(jgo) [Transferred from New York Southern on 4/4/2023.] |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 FIRST MOTION for William C. Demas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26570975. 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 Florida; 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. (sgz) [Transferred from New York Southern on 4/4/2023.] |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William C Demas. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:1001; Nature of Suit code 110 (Insurance); County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:1132; the Nature of Suit code has been modified to 791 (Labor: E.R.I.S.A.); the County code has been modified to XX Out of State;. (jgo) [Transferred from New York Southern on 4/4/2023.] |
Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 4/4/2023.] |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 4/4/2023.] |
Case Designated ECF. (jgo) [Transferred from New York Southern on 4/4/2023.] |
Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for William C. Demas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26570975. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Mackey. (Attachments: #1 Supplement Affidavit of Good Standing, #2 Supplement FL Bar Certificate of Good Standing, #3 Text of Proposed Order Proposed order on Pro Hac Vice Motion).(Demas, William) Modified on 8/22/2022 (sgz). [Transferred from New York Southern on 4/4/2023.] |
Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ryan Mackey..(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
Filing 3 CIVIL COVER SHEET filed..(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Life Insurance Company of North America, re: #1 Complaint,. Document filed by Ryan Mackey..(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
Filing 1 COMPLAINT against Life Insurance Company of North America. (Filing Fee $ 402.00, Receipt Number ANYSDC-26569385)Document filed by Ryan Mackey. (Attachments: #1 Exhibit Exhibit A (LTD Policy), #2 Civil Cover Sheet Civil Coversheet, #3 Text of Proposed Order proposed Summons).(Demas, William) [Transferred from New York Southern on 4/4/2023.] |
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