D. v. Aetna Life Insurance Company
| T. D. |
| Aetna Life Insurance Company |
| 2:2023cv00298 |
| May 5, 2023 |
| US District Court for the District of Utah |
| David Barlow |
| Jared C Bennett |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal- Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
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Filing 19
DOCKET TEXT ORDER. On May 12, 2023, Defendant filed its #7 Motion to Dismiss. It argued that Plaintiff's claims were preempted by the Employment Retirement Income Security Act ("ERISA"). Plaintiff has now filed an #18 Amended Complaint, alleging a denial of benefits under 29 U.S.C. 1132(a)(1)(B). As such, the court TERMINATES AS MOOT Defendant's #7 Motion to Dismiss. Signed by Judge David Barlow on 6/27/2023. (cfm)
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| Filing 18 AMENDED COMPLAINT Verified against Aetna Life Insurance Company. filed by T. D.. (Peat, Norman) |
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Filing 17
ORDER granting #15 Motion for Leave to File Amended Complaint. Plaintiff shall have until June 30, 2023, to file an Amended Complaint. Signed by Judge David Barlow on 6/26/2023. (mh)
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| Filing 16 Motion No Longer Referred: #15 Stipulated MOTION to Amend/Correct and Memorandum in Support re Complaint. District judge will decide. (cfm) |
| Filing 15 Stipulated MOTION to Amend/Correct and Memorandum in Support re Complaint filed by Plaintiff T. D.. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Peat, Norman) |
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Filing 14
ORDER granting #13 Motion for Extension of Time to File Response/Reply. Plaintiff shall have until June 23, 2023, to file a response to Defendant's #7 motion to dismiss. Signed by Magistrate Judge Jared C. Bennett on 6/12/2023. (mh)
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| Filing 13 MOTION for Extension of Time to File Response/Reply as to #7 Defendant's MOTION to Dismiss and Memorandum in Support to Dismiss the Complaint and Memorandum in Support filed by Plaintiff T. D.. (Attachments: #1 Text of Proposed Order for Stipulated Motion for Extension of Time) Motions referred to Jared C. Bennett.(Peat, Norman) |
| Filing 12 NOTICE OF NON-CONSENT: Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge David Barlow and Magistrate Judge Jared C. Bennett is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (alf) |
| Filing 11 RECEIVED Consent/Reassignment Form from Plaintiff T. D.. (alf) |
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Filing 10
ORDER denying as moot #8 Motion for Extension of Time to File Response/Reply. See order. Signed by Magistrate Judge Jared C. Bennett on 5/30/2023. (alf)
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| Filing 9 Modification of Docket re #8 MOTION for Extension of Time to File Response/Reply: Entry modified to link to appropriate motion #7 . (alf) |
| Filing 8 MOTION for Extension of Time to File Response/Reply to #7 Motion to Dismiss filed by Plaintiff T. D.. (Attachments: #1 Text of Proposed Order)(Peat, Norman) Modified on 5/30/2023 to link to appropriate motion(alf). |
| Filing 7 Defendant's MOTION to Dismiss and Memorandum in Support to Dismiss the Complaint filed by Defendant Aetna Life Insurance Company. (Brahana, Matthew) |
| Filing 6 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendant Aetna Life Insurance Company, Plaintiff T. D.. Form due by 5/30/2023. (alf) |
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Filing 5
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 5/8/2023. (alf)
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| Filing 4 Civil Cover Sheet (JS44) 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, filed by Aetna Life Insurance Company. (Petersen, Scott) |
| Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendant Aetna Life Insurance Company, Plaintiff T. D. (ks) |
| Filing 2 NOTICE OF DEFICIENCY re #1 Notice of Removal. The Civil Cover Sheet is missing. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (ks) |
| Magistrate Judge Jared C. Bennett added. Case number will now read 2:23-CV-00298-JCB. Please make changes to document captions accordingly. (ks) |
| Filing 1 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 230902708, (Filing fee $ 402, receipt number AUTDC-4670456) filed by Aetna Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Petersen, Scott) |
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| Plaintiff: T. D. | |
| Represented By: | Justin D. Heideman |
| Represented By: | Norman W. Peat, Jr |
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| Defendant: Aetna Life Insurance Company | |
| Represented By: | Scott M. Petersen |
| Represented By: | Matthew S. Brahana |
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