Midkiff v. Prudential Insurance Company of America
| Kristy Midkiff |
| Prudential Insurance Company of America |
| 1:2019cv01192 |
| December 6, 2019 |
| U.S. District Court for the Western District of Texas |
| Lee Yeakel |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
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Filing 104
ORDER ADOPTING #97 Report and Recommendation and Awarding Attorney's Fees, Litigation Expenses, and Post-Judgment Interest.. Signed by Judge Lee Yeakel. (jv2)
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| Filing 103 Reply in Support of #98 Objection to Report and Recommendations by Prudential Insurance Company of America. (jv2) |
| Motion No Longer Referred: #88 MOTION for Attorney Fees and Costs and Memorandum of Points and Authorities in Support (jv2) |
| Filing 102 Response in Opposition to Motion, filed by Kristy Midkiff, re #100 Opposed MOTION for Leave to File Reply In Support of Objections to Report and Recommendation filed by Defendant Prudential Insurance Company of America / Plaintif's Opposition to Defendant's Motion for Leave to File Reply In Support of Objections to Report and Recommendation (Jalali, Azin) |
| Filing 101 BILL OF COSTS against The Prudential Insurance Company of America. (jv2) |
| Filing 100 Opposed MOTION for Leave to File Reply In Support of Objections to Report and Recommendation by Prudential Insurance Company of America. (Attachments: #1 Exhibit A - Reply In Support of Objections to Report and Recommendation)(Kamps, Julie) |
| Filing 99 RESPONSE / P's Response to Defendant's Objections to the Report and Recommendation of the United States Magistrate Judge to #98 Objection to Report and Recommendations by Kristy Midkiff. (Jalali, Azin) |
| Filing 98 OBJECTION to #97 Report and Recommendations by Prudential Insurance Company of America.. (Attachments: #1 Exhibit A - Objection to R&R, #2 Exhibit - TABLE 5 - Analysis of Plaintiff's post-Fee Motion Fees)(Kamps, Julie) |
| Filing 97 REPORT AND RECOMMENDATION of United States Magistrate Judge re #88 Motion for Attorney's Fees and Costs, filed by Kristy Midkiff. Signed by Judge Dustin M. Howell. (jv2) |
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Filing 96
ORDER REFERRING #88 MOTION for Attorney Fees and Costs filed by Kristy Midkiff to United States Magistrate Judge Dustin Howell for Report and Recommendation. Signed by Judge Lee Yeakel. (jv2)
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| Filing 95 REPLY to Response to Motion, filed by Kristy Midkiff, re #88 MOTION for Attorney Fees and Costs and Memorandum of Points and Authorities in Support filed by Plaintiff Kristy Midkiff (Attachments: #1 Supplemental Declaration of Terrence J. Coleman in Support of Plaintiffs Motion for Attorneys Fees and Costs, #2 Declaration of Kristy Midkiff in Support of Plaintiff's Motion for Attorneys' Fees and Costs)(Jalali, Azin) |
| Filing 94 ATTACHMENT "(Proposed Order)" to #92 Response in Opposition to Motion,,,, by Prudential Insurance Company of America. (Kamps, Julie) |
| Filing 93 DEFICIENCY NOTICE: re #92 Response in Opposition to Motion (jv2) |
| Filing 92 Response in Opposition to Motion, filed by Prudential Insurance Company of America, re #88 MOTION for Attorney Fees and Costs and Memorandum of Points and Authorities in Support filed by Plaintiff Kristy Midkiff (Attachments: #1 Exhibit - Response Exhibit A - Lex Machina Statistics for ERISA cases filed by Bemis, Roach & Reed, #2 Exhibit - Response Exhibit B - Lex Machina Statistics for ERISA cases filed by Berg Plummer Johnson & Raval, LLP, #3 Exhibit - Response Exhibit C - Declaration of James L. Johnson, #4 Exhibit - Response Exhibit D - Chavez v. Standard - Memorandum and Order, #5 Exhibit - Response Exhibit E - Affidavit of Lonnie Roach, #6 Exhibit - Response Exhibit F - 2015 Hourly Rate Fact Sheet, #7 Table 1 - Excessive, Redundant, or Otherwise Unnecessary Entries, #8 Table 2 - Vague and Block Billed Entries, #9 Table 3 - Clerical and Paralegal Entries, #10 Table 4 - Entries Related to Prudentials Motion to Transfer)(Kamps, Julie) |
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Filing 91
ORDER GRANTING #89 Stipulation to Extend Briefing Deadlines. Defendant's deadline to respond to Plaintiff's Motion for Attorney's Fees and Costs is due 06/10/2021. Plaintiff's reply is due 06/24/2021. Signed by Judge Lee Yeakel. (jv2)
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| Filing 90 ATTACHMENT - Proposed Order to #89 Stipulation by Prudential Insurance Company of America. (Kamps, Julie) |
| Filing 89 STIPULATION Extending Deadlines To File Response And Reply To Plaintiffs Motion For Attorneys Fees and Costs by Prudential Insurance Company of America. (Kamps, Julie) |
| Filing 88 MOTION for Attorney Fees and Costs and Memorandum of Points and Authorities in Support by Kristy Midkiff. (Attachments: #1 Declaration of Terrence J. Coleman, #2 Declaration of Azin Jalali, #3 Declaration of Amar Raval, #4 Declaration of Bernard Guerrini, #5 Declaration of Daniel Feinberg, #6 Declaration of Lee Harris, #7 Proposed Order)(Jalali, Azin) |
| Filing 87 BILL OF COSTS by Kristy Midkiff. (Jalali, Azin) |
| Filing 86 FINAL JUDGMENT. Signed by Judge Lee Yeakel. (jv2) |
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Filing 85
ORDER DENYING Defendant's #81 Motion for Amended or Additional Findings Pursuant To Federal Rules Of Civil Procedure 52(b), 59(a)(2), and 59(e). Signed by Judge Lee Yeakel. (jv2)
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| Filing 84 REPLY to Response to Motion, filed by Prudential Insurance Company of America, re #81 MOTION to Amend/Correct filed by Defendant Prudential Insurance Company of America (Defendant The Prudential Insurance Company Of Americas Reply To Plaintiffs Response To Defendants Motion For Amended Or Additional Findings Pursuant To Federal Rules Of Civil Procedure 52(b), 59(a)(2), And 59(e)) (Kamps, Julie) |
| Filing 83 Response in Opposition to Motion, filed by Kristy Midkiff, re #81 MOTION to Amend/Correct filed by Defendant Prudential Insurance Company of America (Attachments: #1 Declaration of Terrence J. Coleman)(Jalali, Azin) |
| Filing 82 STIPULATION / Joint Stipulation As To Amount Of Benefits And Interest by Kristy Midkiff. (Jalali, Azin) |
| Filing 81 MOTION (Defendant The Prudential Insurance Company of Americas Motion For Amended Or Additional Findings Pursuant To Federal Rules Of Civil Procedure 52(b), 59(a)(2), And 59(e)) re #79 Findings of Fact & Conclusions of Law by Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Kamps, Julie) Modified on 4/16/2021 (jv2). |
| Filing 80 STIPULATION Extending Deadline to Submit Calculations of Benefits by Kristy Midkiff. (Jalali, Azin) |
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Filing 79
FINDINGS OF FACT AND CONCLUSIONS OF LAW. IT IS ORDERED that the parties submit a joint stipulation consistent with these findings of fact and conclusions of law by April 9, 2021. Signed by Judge Lee Yeakel. (jv2)
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Filing 78
ORDER DISMISSING #62 Motion for Summary Judgment; DISMISSING #64 Motion for Summary Judgment. Signed by Judge Lee Yeakel. (jv2)
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| Filing 77 Proposed Findings of Fact by Kristy Midkiff. (Jalali, Azin) |
| Filing 76 Proposed Findings of Fact by Prudential Insurance Company of America. (Kamps, Julie) |
| Filing 75 Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial held by Video completed on 11/9/2020 (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.) (jv2) |
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Filing 74
ORDER GRANTING Defendant's #72 Unopposed Motion to Continue Trial. ORDER VACATING the Court's prior ORDER #71 and SETTING this matter for Bench Trial to be conducted by ZOOM for 11/6/2020 at 03:00 PM before Judge Lee Yeakel Signed by Judge Lee Yeakel. (jv2)
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| Filing 73 DEFICIENCY NOTICE: re #72 MOTION to Continue (EMERGENCY MOTION TO CONTINUE TRIAL) (jv2) |
| Filing 72 MOTION to Continue (EMERGENCY MOTION TO CONTINUE TRIAL) by Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Morrison, Ian) |
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Filing 71
***VACATED*** ORDER SETTING BENCH TRIAL TO BE CONDUCTED REMOTELY VIA ZOOM on 10/16/2020 at 3:00 PM before Judge Lee Yeakel. ORDER VACATING #57 Scheduling Order. Signed by Judge Lee Yeakel. (jv2) Modified on 10/13/2020 (jv2).
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| Filing 70 Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 9/14/2020 (Minute entry documents are not available electronically.) Written Order forthcoming. (Court Reporter Arlinda Rodriguez.) (jv2) |
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Filing 69
ORDER SETTING Telephone Conference for 9/14/2020 at 03:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (jv2)
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| Filing 68 REPLY to Response to Motion, filed by Kristy Midkiff, re #64 MOTION for Summary Judgment / Plaintiffs Motion For Judgment On The Administrative Record And Memorandum Of Points And Authorities In Support filed by Plaintiff Kristy Midkiff (Attachments: #1 Proposed Findings of Fact and Conclusions of Law on Plaintiff's Motion for Judgment on the Administrative Record)(Jalali, Azin) |
| Filing 67 REPLY TO RESPONSE TO MOTION, filed by Prudential Insurance Company of America, re #62 MOTION for Summary Judgment (Defendant The Prudential Insurance Company Of Americas Motion For Summary Judgment) filed by Defendant Prudential Insurance Company of America (Defendant The Prudential Insurance Company Of Americas Reply In Further Support Of Its Motion For Summary Judgment) (Kamps, Julie) |
| Filing 66 RESPONSE to Motion, filed by Kristy Midkiff, re #62 MOTION for Summary Judgment (Defendant The Prudential Insurance Company Of Americas Motion For Summary Judgment) filed by Defendant Prudential Insurance Company of America / Plaintiff's Response To Defendant's Motion For Summary Judgment (Jalali, Azin) |
| Filing 65 RESPONSE to Motion, filed by Prudential Insurance Company of America, re #64 MOTION for Summary Judgment / Plaintiffs Motion For Judgment On The Administrative Record And Memorandum Of Points And Authorities In Support filed by Plaintiff Kristy Midkiff (Defendant The Prudential Insurance Company Of Americas Response To Plaintiffs Motion For Judgement On The Administrative Record) (Kamps, Julie) |
| Filing 64 MOTION for Summary Judgment / Plaintiffs Motion For Judgment On The Administrative Record And Memorandum Of Points And Authorities In Support by Kristy Midkiff. (Attachments: #1 Proposed Order)(Jalali, Azin) |
| Filing 63 APPENDIX to #62 MOTION for Summary Judgment (Defendant The Prudential Insurance Company Of Americas Motion For Summary Judgment) by Prudential Insurance Company of America. (Attachments: #1 Exhibit A - Statement of Undisputed Material Facts In Support of Defendant The Prudential Insurance Company of America's Motion For Summary Judgment, #2 Exhibit B - Declaration of Tamika Williams, #3 Exhibit C - Declaration of William DeNitzio, #4 Exhibit D - Administrative Record, Part 1, #5 Exhibit D - Administrative Record, Part 2, #6 Exhibit D - Administrative Record, Part 3, #7 Exhibit D - Administrative Record, Part 4, #8 Exhibit D - Administrative Record, Part 5, #9 Exhibit D - Administrative Record, Part 6)(Kamps, Julie) |
| Filing 62 MOTION for Summary Judgment (Defendant The Prudential Insurance Company Of Americas Motion For Summary Judgment) by Prudential Insurance Company of America. (Kamps, Julie) |
| Filing 61 STIPULATION Extending Dispositive Motion Deadlines by Prudential Insurance Company of America. (Kamps, Julie) |
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Filing 60
ORDER DENYING #59 Motion to Extend Dispositive Motion Deadlines. Signed by Judge Lee Yeakel. (td)
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| Filing 59 Joint MOTION to Extend Scheduling Order Deadlines (Joint Motion To Extend Dispositive Motion Deadine) by Prudential Insurance Company of America. (Attachments: #1 Proposed Order)(Kamps, Julie) |
| Filing 58 NOTICE OF REPRESENTATION by Prudential Insurance Company of America (Kamps, Julie) |
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Filing 57
***VACATED PURSUANT TO COURT ORDER DKT. NO. 71*** SCHEDULING ORDER: Final Pretrial Conference set for 11/20/2020 at 04:00 PM before Judge Lee Yeakel, ADR Report Deadline due by 4/17/2020, Dispositive Motions due by 7/10/2020. Signed by Judge Lee Yeakel. (jv2) Modified on 9/15/2020 (jv2).
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| Filing 56 Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 4/16/2020 (Minute entry documents are not available electronically.) Written Order forthcoming. (Court Reporter Arlinda Rodriguez.)(jv2) |
| Filing 55 ADR Report Filed - Joint Alternative Dispute Resolution Report by Kristy Midkiff(Jalali, Azin) |
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Filing 54
ORDER SETTING Initial Pretrial Conference for 4/16/2020 at 09:30 AM by Telephone before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (jv2)
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| Filing 53 Proposed Scheduling Order by Kristy Midkiff. (Jalali, Azin) |
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Filing 52
ORDER GRANTING #51 Motion to Appear Pro Hac Vice by Julie M. Kamps. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
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| Filing 51 MOTION to Appear Pro Hac Vice by Julie M. Kamps ( Filing fee $ 100 receipt number 0542-13078756) by on behalf of Prudential Insurance Company of America. (Attachments: #1 Exhibit A - Bar Admissions of Julie M. Kamps, #2 Proposed Order)(Kamps, Julie) |
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Filing 50
ORDER GRANTING #45 Motion to Appear Pro Hac Vice by Terrence J. Coleman. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
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Filing 49
ORDER GRANTING #46 Motion to Appear Pro Hac Vice by Azin Jalali. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td)
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| Filing 48 NOTICE of Attorney Appearance by Ian H. Morrison on behalf of Prudential Insurance Company of America. Attorney Ian H. Morrison added to party Prudential Insurance Company of America(pty:dft) (Morrison, Ian) |
| Filing 47 NOTICE of Attorney Appearance by Amar B. Raval on behalf of Kristy Midkiff. Attorney Amar B. Raval added to party Kristy Midkiff(pty:pla) (Raval, Amar) |
| Filing 46 MOTION to Appear Pro Hac Vice by Amar B. Raval on behalf of Azin Jalali ( Filing fee $ 100 receipt number 0542-12984273) by on behalf of Kristy Midkiff. (Raval, Amar) |
| Filing 45 MOTION to Appear Pro Hac Vice by Amar B. Raval on behalf of Terrence J. Coleman ( Filing fee $ 100 receipt number 0542-12984219) by on behalf of Kristy Midkiff. (Raval, Amar) |
| Filing 44 Case Transfer and Opening Letter mailed to all Counsel. (cj) |
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Filing 43
Orders Directing Charles Kelechi Chineduh, Terrence J.Coleman, Azin Jalali, Jason A. James, Linda Marie Lawson, and Ryan Hideki Opgenorth to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
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| Filing 42 Case electronically transferred in from Northern District of California; Case Number 4:19-cv-01656. |
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Filing 41
ORDER by Judge Jeffrey S. White granting #33 Motion to Transfer Case. (jjoS, COURT STAFF) (Filed on 12/6/2019) [Transferred from California Northern on 12/6/2019.]
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| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj) |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| Filing 40 REPLY (re #33 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a) ) filed byPrudential Insurance Company of America. (Attachments: #1 Declaration in Support of Defendant's Motion to Transfer)(James, Jason) (Filed on 11/19/2019) [Transferred from California Northern on 12/6/2019.] |
| Set/Reset Hearing Mediation Hearing set for 11/20/2019 10:00 AM., at the law offices of Pillsbury & Coleman LLP, 100 Green Street, San Francisco, CA 94111. (af, COURT STAFF) (Filed on 11/14/2019) [Transferred from California Northern on 12/6/2019.] |
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Filing 39
ORDER RE: ATTENDANCE AT MEDIATION. Signed by Magistrate Judge Jacqueline Scott Corley on 11/13/2019. (ahm, COURT STAFF) (Filed on 11/13/2019) [Transferred from California Northern on 12/6/2019.]
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| Filing 38 OPPOSITION/RESPONSE (re #33 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a) ) filed byKristy Midkiff. (Attachments: #1 Declaration of Terrence J. Coleman In Support Of Plaintiffs Opposition to Defendant The Prudential Insurance Company of America's Motion to Transfer Venue, #2 Proposed Order)(Jalali, Azin) (Filed on 11/12/2019) [Transferred from California Northern on 12/6/2019.] |
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Filing 37
ORDER DENYING #35 MOTION TO EXTEND DEADLINE FOR MEDIATION; AND APPROVING #32 STIPULATION FOR DE NOVO REVIEW. Signed by Judge Jeffrey S. White on 11/4/19. (jjoS, COURT STAFF) (Filed on 11/4/2019) [Transferred from California Northern on 12/6/2019.]
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| Filing 36 OPPOSITION/RESPONSE (re #35 ADMINISTRATIVE MOTION Request for Relief that the November 14, 2019 Mediation Completion Deadline be Continued Pending Resolution re #33 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a)) filed by Kristy Midkiff. (Attachments: #1 Declaration, #2 Proposed Order)(Coleman, Terrence) (Filed on 11/1/2019) Modified on 11/4/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
| Filing 35 ADMINISTRATIVE MOTION Request for Relief that the November 14, 2019 Mediation Completion Deadline be Continued Pending Resolution re #33 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a); Memorandum of Points and Authorities In Support Thereof filed by Prudential Insurance Company of America. Responses due by 11/1/2019. (Attachments: #1 Declaration of Jason A. James, #2 Proposed Order)(James, Jason) (Filed on 10/28/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 34 Request for Judicial Notice re #33 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a) filed by Prudential Insurance Company of America. (Related document(s) #33 ) (James, Jason) (Filed on 10/28/2019) Modified on 10/29/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
| Filing 33 MOTION to Transfer Case Pursuant to 28 U.S.C. Section 1404(a); Memorandum of Points and Authorities In Support Thereof filed by Prudential Insurance Company of America. Motion Hearing set for 12/13/2019 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 11/12/2019. Replies due by 11/19/2019. (Attachments: #1 Declaration of Tamika Williams in Support of Prudential's Motion, #2 Exhibit A to Declaration of Tamika Williams, #3 Declaration of Jason A. James in Support of Prudential's Motion, #4 Exhibit 1 to Declaration of Jason A. James, #5 Proposed Order)(James, Jason) (Filed on 10/28/2019) Modified on 10/29/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
| Filing 32 STIPULATION REGARDING THE STANDARD OF REVIEW AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE filed by Kristy Midkiff, Prudential Insurance Company of America. (Jalali, Azin) (Filed on 10/28/2019) Modified on 10/29/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
| Filing 31 NOTICE of Change of Address by Terrence J. Coleman for Pillsbury & Coleman, LLP, Attorneys for Plaintiff, Kristy Midkiff (Coleman, Terrence) (Filed on 10/4/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 30 JOINT CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Prudential Insurance Company of America, Kristy Midkiff. (James, Jason) (Filed on 8/30/2019) Modified on 9/3/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
| Filing 29 ADR Clerk's Notice Appointing C. Mark Humbert as Mediator. (af, COURT STAFF) (Filed on 8/26/2019) [Transferred from California Northern on 12/6/2019.] |
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Filing 28
ORDER by Judge Jeffrey S. White granting #27 Stipulation selecting Mediation. (jjoS, COURT STAFF) (Filed on 8/23/2019) [Transferred from California Northern on 12/6/2019.]
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| Filing 27 STIPULATION and Proposed Order selecting Mediation by Prudential Insurance Company of America filed by Prudential Insurance Company of America, Krity Midkiff. (James, Jason) (Filed on 8/22/2019) Modified on 8/23/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
| Filing 26 Minute Entry for proceedings held before Judge Jeffrey S. White: Initial Case Management Conference held on 8/16/2019. Consent/Declination due by 8/30/2019. Stipulation re: Mediation process due by 8/23/2019. Total Time in Court: 17 minutes. Court Reporter: Pamela Batalo Hebel. (jjoS, COURT STAFF) (Date Filed: 8/16/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 25 NOTICE of Appearance by Azin Jalali (Jalali, Azin) (Filed on 8/13/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 24 NOTICE of Appearance by Charles Kelechi Chineduh (Chineduh, Charles) (Filed on 8/12/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 23 JOINT CASE MANAGEMENT STATEMENT filed by Prudential Insurance Company of America, Kristy Midkiff. (James, Jason) (Filed on 8/9/2019) Modified on 8/12/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
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Filing 22
ORDER by Judge Jeffrey S. White granting #21 Stipulation to Continue the Case Management Conference.Joint Case Management Statement due by 8/9/2019. Initial Case Management Conference set for 8/16/2019 11:00 AM in Oakland, Courtroom 5, 2nd Floor. (jjoS, COURT STAFF) (Filed on 6/28/2019) [Transferred from California Northern on 12/6/2019.]
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| Filing 21 STIPULATION WITH [PROPOSED] ORDER to Continue the Case Management Conference filed by Prudential Insurance Company of America, Kristy Midkiff. (Attachments: #1 Proposed Order)(James, Jason) (Filed on 6/26/2019) Modified on 6/27/2019 (cjlS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Opgenorth, Ryan) (Filed on 6/25/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (James, Jason) (Filed on 6/14/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 18 NOTICE of Change In Counsel by Ryan Hideki Opgenorth (Opgenorth, Ryan) (Filed on 6/12/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 17 Certificate of Interested Entities by Prudential Insurance Company of America identifying Corporate Parent The Prudential Insurance Company of America, Other Affiliate Prudential Financial, Inc. for Prudential Insurance Company of America. (Lawson, Linda) (Filed on 6/5/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 16 ANSWER to Complaint byPrudential Insurance Company of America. (James, Jason) (Filed on 6/5/2019) [Transferred from California Northern on 12/6/2019.] |
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Filing 15
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge JEFFREY S. WHITE on 5/16/19. Joint Case Management Statement due by 7/5/2019. Initial Case Management Conference set for 7/12/2019 11:00 AM in Oakland, Courtroom 5, 2nd Floor. (jjoS, COURT STAFF) (Filed on 5/16/2019) [Transferred from California Northern on 12/6/2019.]
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| Filing 14 Case REASSIGNED to Judge Jeffrey S. White. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Nathanael M. Cousins no longer assigned to the case. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 5/16/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 13 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 5/16/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 5/15/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Prudential Insurance Company of America.. (James, Jason) (Filed on 5/14/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 10 SUMMONS Returned Executed by Kristy Midkiff. Prudential Insurance Company of America served on 4/15/2019, answer due 5/6/2019. (Quirk, Michael) (Filed on 5/6/2019) [Transferred from California Northern on 12/6/2019.] |
| #Electronic filing error. Incorrect event used. [err101]* Re-File as Summons Returned Executed*Please re-file in its entirety. Re: #9 Certificate of Service filed by Kri sty Midkiff (sfbS, COURT STAFF) (Filed on 5/6/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 9 *Filing Error* CERTIFICATE OF SERVICE by Kristy Midkiff / Proof of Service of Summons and Complaint (Quirk, Michael) (Filed on 5/3/2019) Modified on 5/6/2019 (sfbS, COURT STAFF). [Transferred from California Northern on 12/6/2019.] |
| Filing 8 STIPULATION re #1 Complaint, to Extend Time to Respond to Initial Complaint [L.R. 6-1] By Not More Than 30 Days filed by Prudential Insurance Company of America. (James, Jason) (Filed on 4/22/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kristy Midkiff.. (Quirk, Michael) (Filed on 4/2/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 6 Summons Issued as to Prudential Insurance Company of America. (sfbS, COURT STAFF) (Filed on 4/2/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/26/2019. Initial Case Management Conference set for 7/3/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 4/2/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 4 Case assigned to Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/15/2019. (srnS, COURT STAFF) (Filed on 4/1/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 3 Certificate of Interested Entities by Kristy Midkiff (Quirk, Michael) (Filed on 3/29/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 2 Proposed Summons. (Quirk, Michael) (Filed on 3/29/2019) [Transferred from California Northern on 12/6/2019.] |
| Filing 1 COMPLAINT FOR RECOVERY OF EMPLOYEE BENEFITS UNDER ERISA 29 U.S.C. 1132(a)(1)(B) against All Defendants ( Filing fee $ 400, receipt number 0971-13217378.). Filed byKristy Midkiff. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Quirk, Michael) (Filed on 3/29/2019) [Transferred from California Northern on 12/6/2019.] |
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