W. et al v. Aetna Life Insurance Company et al
| D. W. and A. W. |
| Aetna Life Insurance Company, Cox Enterprises Inc. Welfare Benefits Plan and Cox Enterprises Inc Welfare Benefits Plan |
| 2:2021cv00705 |
| December 1, 2021 |
| US District Court for the District of Utah |
| Dustin B Pead |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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| Civil Case Terminated with prejudice per Stipulation #39 . Both parties stipulated - per FRCP 41(a)(1)(A)(ii) a motion does not need to be filed. Motion terminated. (alf) |
| Filing 39 Stipulated MOTION to Dismiss with prejudice filed by Plaintiffs A. W., D. W.. (Attachments: #1 Text of Proposed Order To Dismiss)(King, Brian) |
| Filing 38 NOTICE of Settlement by A. W., D. W. (King, Brian) |
Filing 37
ORDER granting #33 Motion for Amended Scheduling Order. Dispositive Motions due by 5/29/2023. Signed by Magistrate Judge Dustin B. Pead on 5/16/2023. (alf)
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| Filing 36 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs A. W., D. W.. (Attachments: #1 Exhibit A: Expert Report of Dr. Kovnick)(King, Brian) |
| Filing 35 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendants Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan. (Attachments: #1 Exhibit A)(Petersen, Scott) |
| Filing 33 Stipulated MOTION for Amended Scheduling Order Extension of Time to file dispositive motions and Memorandum in Support filed by Defendants Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan. (Attachments: #1 Text of Proposed Order)(Petersen, Scott) Modified on 5/15/2023 to correct event type (alf). |
| Filing 34 Modification of Docket re #33 MOTION for Extension of Time: Entry modified to correct event type "Motion for Amended Scheduling Order." Event type corrected, docket text modified. No further action is needed. Please note for future reference. (alf) |
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Filing 32
AMENDMENT TO THE AMENDED SCHEDULING ORDER granting #31 Motion for Amended Scheduling Order. Deadline for Defendants to respond to Plaintiffs' discovery requests is March 3, 2023. All other deadlines will remain as currently scheduled. Signed by Magistrate Judge Dustin B. Pead on 2/22/2023. (mh)
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| Filing 31 Stipulated MOTION for Scheduling Order to be Amended filed by Defendants Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan. (Attachments: #1 Text of Proposed Order Amendment to the Amended Scheduling Order)(Enquist, Jeffrey) Modified by correcting event on 2/23/2023 (mh). |
| Filing 30 NOTICE of Change of Address by Matthew S. Brahana (Brahana, Matthew) |
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Filing 29
ORDER granting #28 Motion for Amended Scheduling Order. Fact and Expert Discovery due by 3/17/2023. Motions due by 5/15/2023. See order for other dates and deadlines. Signed by Magistrate Judge Dustin B. Pead on 1/17/2023. (alf)
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| Filing 28 Stipulated MOTION for Amended Scheduling Order filed by Defendant Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Enquist, Jeffrey) |
| Filing 27 NOTICE of Appearance by Matthew S. Brahana on behalf of Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan (Brahana, Matthew) |
| Filing 26 NOTICE of designation of expert by A. W., D. W. (King, Brian) |
| Filing 25 NOTICE of Appearance by Scott M. Petersen on behalf of Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan (Petersen, Scott) |
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Filing 24
ORDER granting #23 Motion for Amended Scheduling Order. Fact Discovery due by 1/17/2023. Motions due by 3/16/2023. See order for other dates and deadlines. Signed by Magistrate Judge Dustin B. Pead on 10/18/2022. (alf)
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| Filing 23 Stipulated MOTION for Amended Scheduling Order filed by Plaintiffs A. W., D. W.. (Attachments: #1 Text of Proposed Order)(King, Brian) |
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Filing 22
ORDER granting #21 Motion for Amended Scheduling Order. Deadline to file a motion regarding the completeness of the pre-litigation appealrecord is extended from September 27, 2022, to October 11, 2022. Signed by Magistrate Judge Dustin B. Pead on 9/28/2022. (alf)
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| Filing 21 Stipulated MOTION for Amended Scheduling Order filed by Plaintiffs A. W., D. W.. (Attachments: #1 Text of Proposed Order)(King, Brian) |
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Filing 20
Third Amended Scheduling ORDER granting #19 Motion for Amended Scheduling Order: Deadline to file a motion regarding the completeness of the pre-litigation appeal record is extended from 8/25/22 to 9/27/22. All other deadlines set forth in this Third Amended Scheduling Order will remain the same with the deadline for filing dispositive or potentially dispositive motions set for 12/19/22. Signed by Magistrate Judge Dustin B. Pead on 08/25/2022. (mh)
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| Filing 19 Stipulated MOTION for Amended Scheduling Order filed by Plaintiffs A. W., D. W.. (Attachments: #1 Text of Proposed Order)(King, Brian) |
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Filing 18
Amended Scheduling ORDER granting #17 Motion for Amended Scheduling Order: Deadline to file a motion regarding the completeness of the pre-litigation appeal record is extended to 8/25/22. All other deadlines will remain the same. Signed by Magistrate Judge Dustin B. Pead on 07/19/2022. (jl)
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| Filing 17 Stipulated MOTION for Amended Scheduling Order filed by Plaintiffs A. W., D. W.. (Attachments: #1 Text of Proposed Order)(King, Brian) |
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Filing 16
ORDER granting #15 Motion for Amended Scheduling Order. Fact Discovery due by 10/17/2022. Motions due by 12/19/2022. See order for other dates and deadlines. Signed by Magistrate Judge Dustin B. Pead on 6/6/22. (alf)
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| Filing 15 Stipulated MOTION for Amended Scheduling Order filed by Plaintiffs A. W., D. W.. (Attachments: #1 Text of Proposed Order)(King, Brian) |
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Filing 14
SCHEDULING ORDER: Discovery due by 9/2/2022. Motions due by 11/2/2022. See order for other dates and deadlines. Signed by Magistrate Judge Dustin B. Pead on 3/15/22. (alf)
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| Filing 13 CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Defendants Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan, Plaintiffs A. W., D. W.. (alf) |
| Filing 12 RECEIVED Consent/Reassignment Form from Defendants Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan. (alf) |
| Filing 11 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(King, Brian) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to Show Cause, filed by A. W., D. W.. (King, Brian) |
| Filing 9 RECEIVED Consent/Reassignment Form from Plaintiffs A. W., D. W.. (mh) |
| Filing 8 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan, Plaintiffs A. W., D. W.. Form due by 3/17/2022. (mh) |
| Filing 7 ANSWER to Complaint filed by Aetna Life Insurance Company, Cox Enterprises Inc Welfare Benefits Plan. Attorney Scott M. Petersen added to party Aetna Life Insurance Company(pty:dft), Attorney Scott M. Petersen added to party Cox Enterprises Inc Welfare Benefits Plan(pty:dft)(Petersen, Scott) |
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Filing 6
ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED that by no later than March 8, 2022, Plaintiffs shall file a responsive brief showing cause as to why their Complaint and this case should not be dismissed for failure to prosecute. Failure to timely file a response will result in a recommendation of dismissal. Signed by Magistrate Judge Dustin B. Pead on 2/28/22. (alf)
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| Filing 5 WAIVER OF SERVICE Returned Executed filed by D. W., A. W. as to Cox Enterprises Inc Welfare Benefits Plan Waiver sent on 12/1/2021, answer due 1/31/2022. (King, Brian) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by D. W., A. W. as to Aetna Life Insurance Company Waiver sent on 12/1/2021, answer due 1/31/2022. (King, Brian) |
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Filing 3
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 12/2/21. (alf)
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| Filing 2 COMPLAINT against Aetna Life Insurance Company, Cox Enterprises Inc. Welfare Benefits Plan (Filing fee $ 402, receipt number AUTDC-4177916) filed by D. W., A. W.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (King, Brian) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiffs A. W., D. W. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nmt) |
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