Penrose v. New York Life Insurance Company
| Frederick Penrose |
| New York Life Insurance Company and Life Insurance Company of North America |
| 2:2023cv00661 |
| September 22, 2023 |
| US District Court for the District of Utah |
| Central Office |
| Howard C Nielson |
| Dustin B Pead |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 64
ORDER granting #63 Motion for Admission Pro Hac Vice of Attorney Patrick W. Begos for Life Insurance Company of North America,Patrick W. Begos for New York Life Insurance Company.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/16/23. (dle)
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Filing 63
MOTION for Admission Pro Hac Vice of Patrick W. Begos , Registration fee $ 50, receipt number AUTDC-4877435,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Life Insurance Company of North America, New York Life Insurance Company. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order on Pro Hac Vice Admission)(Mathisen, Eric)
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Filing 62
ORDER granting #61 Motion for Admission Pro Hac Vice of Attorney Audrey Dolmovich for Frederick Penrose.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/6/23. (dle)
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Filing 61
MOTION for Admission Pro Hac Vice of Audrey Dolmovich , Registration fee $ 50, receipt number AUTDC-4864476,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Frederick Penrose. (Attachments: #1 Text of Proposed Order, #2 Certificate of good standing, #3 PHV application)(King, Brian)
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Filing 60
ORDER granting #59 Stipulated Motion for Scheduling Order: Amended Pleadings due by 12/1/2023. Joinder of Parties due by 12/1/2023. Dispositive or Potentially Dispositive Motions due by 3/25/2024. Signed by Magistrate Judge Dustin B. Pead on 10/30/23. (dle)
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Filing 59
Stipulated MOTION for Scheduling Order filed by Plaintiff Frederick Penrose. (Attachments: #1 Exhibit A: Attorney Planning Meeting Report, #2 Exhibit B: Proposed Scheduling Order) Motions referred to Dustin B. Pead.(King, Brian)
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Filing 58
NOTICE OF DEFICIENCY re #57 Attorney Planning Meeting Report. The parties are requested to file a Motion consistent with the language contained in the #54 Order to Propose Schedule issued by the Court. The clerk requests the filer of the original document to refile the pleading accordingly. The new pleading will receive a new document number on the docket. (dle)
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Filing 57
REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(King, Brian)
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Filing 56
NOTICE of Appearance by Brian S. King on behalf of Frederick Penrose (King, Brian)
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Filing 55
NOTICE of Appearance by Eric P. Mathisen on behalf of Life Insurance Company of North America, New York Life Insurance Company (Mathisen, Eric)
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Filing 54
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 9/26/2023. (jwt)
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Filing 53
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 9/25/23. (dle)
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Filing 52
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Kevin Gerard Horbatiuk and Patrick Walter Begos for Life Insurance Company of North America, New York Life Insurance Company. (mh)
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Filing 51
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Audrey Dolmovich and Robert Chandler Wilson for Frederick Penrose. (mh)
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Filing 50
Case transferred in from USDC of New York Southern; Case Number 1:22-cv-02184. Original file, certified copy of transfer order and docket sheet received. USDC of UT Case Number 2:23-cv-00661 assigned to Judge Howard C. Nielson, Jr.
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Filing 49
OPINION AND ORDER OF TRANSFER: re: #33 MOTION to Dismiss Notice of Motion to Dismiss and/or Transfer Venue filed by New York Life Insurance Company, Life Insurance Company of North America. For the foregoing reasons, Defendants' motion to transfer this case to the District of Utah is granted. Because this case should be heard in another district, the Court does not reach the merits of Defendants' arguments in support of dismissal, see Defts. Br. at 1-12. Accordingly, that portion of the motion is denied without prejudice to being refiled in the District of Utah in accordance with the rules of the judge to whom the case is ultimately assigned. The Clerk of Court is respectfully directed to close Docket Number 33 and to transfer this case to the District of Utah. SO ORDERED. (Signed by Judge John P. Cronan on 9/22/2023) (ama) [Transferred from New York Southern on 9/22/2023.]
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Terminate Transcript Deadlines (ama) [Transferred from New York Southern on 9/22/2023.]
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Filing 48
NOTICE of Witness List - Corrected re: #42 Order,,. Document filed by Frederick Penrose..(Dolmovich, Audrey) [Transferred from New York Southern on 9/22/2023.]
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Filing 47
NOTICE of Witness List re: #42 Order,,. Document filed by Frederick Penrose..(Garrabrant, Kaci) [Transferred from New York Southern on 9/22/2023.]
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Filing 46
MEMO ENDORSEMENT on re: #43 Notice (Other) filed by Frederick Penrose ENDORSEMENT By August 1, 2023, at 5:00 p.m., Plaintiff shall file a supplemental declaration providing the names and locations (city and state) of the individuals listed in the Court's previous order. See Dkt. 42 at 1. While the Court understands Plaintiff's argument that the Court's review in an ERISA case is typically limited to the administrative record, such information will still be helpful to the Court in deciding Defendants' pending motion, Dkt. 33. SO ORDERED. (Signed by Judge John P. Cronan on 7/31/2023) (jca) [Transferred from New York Southern on 9/22/2023.]
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Filing 45
DECLARATION of Alexandria Collins re: #42 Order,, in Support of Motion to Dismiss and/or Transfer Venue. Document filed by Life Insurance Company of North America, New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 9/22/2023.]
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Filing 44
DECLARATION of Patrick W. Begos re: #42 Order,, in Support of Motion to Dismiss and/or Transfer Venue. Document filed by Life Insurance Company of North America, New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 9/22/2023.]
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Filing 43
NOTICE of Witness List re: #42 Order,,. Document filed by Frederick Penrose..(Dolmovich, Audrey) [Transferred from New York Southern on 9/22/2023.]
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Filing 42
ORDER: By July 31, 2023, Plaintiff or his counsel shall submit a declaration with the names and locations (city and state) of any witnesses who may have knowledge relevant to Plaintiff's claims including but not limited to: as set forth herein. To the extent Defendants have knowledge of the above facts or any other facts relevant to the location of this dispute, they may submit a declaration or declarations addressing those facts as well by July 31, 2023. Defendants also may include in any declaration or declarations the locations (city and state) of any witnesses Defendants currently anticipate calling at trial as well as the general subject matter of their testimony. SO ORDERED. (Signed by Judge John P. Cronan on 7/23/2023) (ama) [Transferred from New York Southern on 9/22/2023.]
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Filing 41
REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss : Notice of Motion to Dismiss and/or Transfer Venue. . Document filed by Life Insurance Company of North America, New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 9/22/2023.]
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Filing 40
ORDER granting #38 Motion for Audrey Dolmovich to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe) [Transferred from New York Southern on 9/22/2023.]
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Filing 39
RESPONSE to Motion re: #33 MOTION to Dismiss : Notice of Motion to Dismiss and/or Transfer Venue. . Document filed by Frederick Penrose. (Attachments: #1 Exhibit A - NY Life Letter, #2 Exhibit B - Claim Handler Signature containing NY Life).(Dolmovich, Audrey) [Transferred from New York Southern on 9/22/2023.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Audrey Dolmovich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26947386. 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 9/22/2023.]
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Filing 38
MOTION for Audrey Dolmovich to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26947386. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Frederick Penrose. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing - State of TN, #3 Text of Proposed Order Proposed Order).(Dolmovich, Audrey) [Transferred from New York Southern on 9/22/2023.]
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Filing 37
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 9/20/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) [Transferred from New York Southern on 9/22/2023.]
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Filing 36
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/20/2022 before Judge John P. Cronan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/18/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/26/2023..(McGuirk, Kelly) [Transferred from New York Southern on 9/22/2023.]
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Filing 35
MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss : Notice of Motion to Dismiss and/or Transfer Venue. . Document filed by Life Insurance Company of North America, New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 9/22/2023.]
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Filing 34
DECLARATION of Alexandria Collins in Support re: #33 MOTION to Dismiss : Notice of Motion to Dismiss and/or Transfer Venue.. Document filed by Life Insurance Company of North America, New York Life Insurance Company. (Attachments: #1 Exhibit A-Group Policy).(Begos, Patrick) [Transferred from New York Southern on 9/22/2023.]
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Filing 33
MOTION to Dismiss : Notice of Motion to Dismiss and/or Transfer Venue. Document filed by Life Insurance Company of North America, New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 9/22/2023.]
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Filing 32
NOTICE OF APPEARANCE by Patrick Walter Begos on behalf of Life Insurance Company of North America, New York Life Insurance Company..(Begos, Patrick) [Transferred from New York Southern on 9/22/2023.]
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time. Defendant's unopposed request is GRANTED. Defendants shall file their motion on October 27, 2022. Plaintiff shall file its opposition on November 25, 2022. Defendants shall file any reply on December 9, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 10/14/2022) (jca) [Transferred from New York Southern on 9/22/2023.]
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Set/Reset Deadlines: Motions due by 10/27/2022. Responses due by 11/25/2022 Replies due by 12/9/2022. (jca) [Transferred from New York Southern on 9/22/2023.]
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Filing 30
LETTER MOTION for Extension of Time of current briefing schedule addressed to Judge John P. Cronan from Kevin G. Horbatiuk dated October 13, 2022. Document filed by Life Insurance Company of North America, New York Life Insurance Company..(Horbatiuk, Kevin) [Transferred from New York Southern on 9/22/2023.]
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on September 20, 2021. Defendants shall file their motion by October 20, 2022, Plaintiff shall file its opposition by November 17, 2022, and Defendants shall file any reply by December 1, 2022. (Court Reporter Steven Greenblum). (mhe) [Transferred from New York Southern on 9/22/2023.]
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Filing 29
ANSWER to #1 Complaint, #18 Amended Complaint,., ANSWER to #1 Complaint, #18 Amended Complaint,. Document filed by Life Insurance Company of North America, New York Life Insurance Company. (Attachments: #1 Affidavit Certification of Service).(Horbatiuk, Kevin) [Transferred from New York Southern on 9/22/2023.]
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Filing 28
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent NEW YORK LIFE INSURANCE COMPANY for Life Insurance Company of North America, New York Life Insurance Company. Document filed by Life Insurance Company of North America, New York Life Insurance Company. (Attachments: #1 Affidavit Certification of Service).(Horbatiuk, Kevin) [Transferred from New York Southern on 9/22/2023.]
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Filing 27
ORDER In light of the pre-motion conference scheduled for September 20, 2022 at 9:00 a.m., the post discovery conference scheduled for September 20, 2022 at 9:30 a.m. is adjourned sine die. (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe) [Transferred from New York Southern on 9/22/2023.]
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Filing 26
MEMO ENDORSEMENT on re: #25 Status Report filed by Life Insurance Company of North America. ENDORSEMENT: The Court is in receipt of the Parties' joint letter. The Court finds that a pre-motion conference would be productive to discuss Defendants' proposed Motion to Dismiss. The Parties should also be prepared to provide the Court with an update on discovery. The Parties shall appear before the undersigned for a pre-motion conference on September 20, 2022 at 9:00 a.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Telephone Conference set for 9/20/2022 at 09:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 9/9/2022) (jca) [Transferred from New York Southern on 9/22/2023.]
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Filing 25
STATUS REPORT. Joint Status Report Document filed by Life Insurance Company of North America..(Horbatiuk, Kevin) [Transferred from New York Southern on 9/22/2023.]
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter filed by Frederick Penrose. ENDORSEMENT: Because Plaintiff asserts that he has correctly named New York Life Insurance Company as Defendant in this action, both Defendant New York Life Insurance Company and Defendant Life Insurance Company of North America shall respond to Plaintiff's First Amended Complaint. The Court sua sponte extends Defendants' time to respond to Plaintiff's First Amended Complaint to September 14, 2022. SO ORDERED. Life Insurance Company of North America answer due 9/14/2022; New York Life Insurance Company answer due 9/14/2022. (Signed by Judge John P. Cronan on 9/7/2022) (jca) [Transferred from New York Southern on 9/22/2023.]
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Filing 23
JOINT LETTER addressed to Judge John P. Cronan from R. Chandler Wilson and Kevin G. Horbatiuk dated September 6, 2022 re: How to Proceed as to Defendant New York Life Insurance Company. Document filed by Frederick Penrose..(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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Filing 22
ORDER: On August 24, 2022, the Court directed the parties to file a letter by August 31, 2022, either jointly or separately, advising the Court as to how they intend to proceed as to Defendant New York Life Insurance Company, including whether that Defendant should be dismissed from this action, in light of defense counsel's representation that Defendant Life Insurance Company of North America was "sued herein incorrectly as New York Life Insurance Company." Dkt. 21. The August 31, 2022 deadline has passed and the docket does not reflect any letter filed by either party. Accordingly, it is hereby ORDERED that, by September 7, 2022, the parties shall file such letter in accordance with the Court's August 24, 2022 Order. SO ORDERED. (Signed by Judge John P. Cronan on 9/1/2022) (va) [Transferred from New York Southern on 9/22/2023.]
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer re #20 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Kevin G. Horbatiuk dated August 24, 2022.. Defendant LINA's unopposed request is granted. Defendant LINA shall respond to the Amended Complaint by September 9, 2022. In light of defense counsel's representation that Defendant LINA was "sued herein incorrectly as New York Life Insurance Company," the parties are hereby ORDERED to file a letter by August 31, 2022, either jointly or separately, advising the Court as to how they intend to proceed as to this Defendant, including whether this Defendant should be dismissed from this action. SO ORDERED.. (Signed by Judge John P. Cronan on 8/24/2022) Life Insurance Company of North America answer due 9/9/2022 (ks) [Transferred from New York Southern on 9/22/2023.]
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Filing 20
LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Kevin G. Horbatiuk dated August 24, 2022. Document filed by Life Insurance Company of North America..(Horbatiuk, Kevin) [Transferred from New York Southern on 9/22/2023.]
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Filing 19
ORDER: Accordingly, the Court sua sponte extends the deadline for Defendant New York Life Insurance Company to answer the Amended Complaint until August 30, 2022. Plaintiff is directed to request issuance of summons as to Defendant Life Insurance Company of North America and serve that Defendant with the summons and Amended Complaint. SO ORDERED. (Signed by Judge John P. Cronan on 8/24/2022) New York Life Insurance Company answer due 8/30/2022. (ks) [Transferred from New York Southern on 9/22/2023.]
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Filing 18
FIRST AMENDED COMPLAINT amending #1 Complaint against New York Life Insurance Company, Life Insurance Company of North America.Document filed by Frederick Penrose. Related document: #1 Complaint. (Attachments: #1 Exhibit A - Status Letter from NY Life, #2 Exhibit B - Warning Letter to NY Life).(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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Filing 17
ORDER granting #14 Letter Motion for Leave to File Document. Plaintiff's unopposed motion for leave to file an amended complaint is granted. Plaintiff is directed to file the amended complaint by August 9, 2022. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 14. SO ORDERED.. (Signed by Judge John P. Cronan on 8/2/2022) (ks) [Transferred from New York Southern on 9/22/2023.]
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Set/Reset Deadlines: Amended Pleadings due by 8/9/2022. (ks) [Transferred from New York Southern on 9/22/2023.]
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Filing 16
RESPONSE in Support of Motion re: #14 MOTION for Leave to File Amended Complaint . . Document filed by New York Life Insurance Company..(Horbatiuk, Kevin) [Transferred from New York Southern on 9/22/2023.]
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Filing 15
MEMO ENDORSEMENT with respect to #14 MOTION for Leave to File Amended Complaint. ENDORSEMENT: Defendant shall advise the Court by August 4, 2022 whether it consents to Plaintiff's filing of an amended complaint. If Defendant does not consent, the Court will set a briefing schedule on Plaintiff's motion to amend. SO ORDERED. (Signed by Judge John P. Cronan on 8/1/2022) (jca) [Transferred from New York Southern on 9/22/2023.]
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Filing 14
MOTION for Leave to File Amended Complaint . Document filed by Frederick Penrose. (Attachments: #1 Exhibit Proposed Amended Complaint).(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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Set/Reset Deadlines: Motions due by 7/31/2022. (kv) Modified on 6/24/2022 (kv). [Transferred from New York Southern on 9/22/2023.]
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Amend #12 CONSENT LETTER MOTION for Extension of Time to Amend Pleadings addressed to Judge John P. Cronan from Robert Chandler Wilson dated 6/22/2022., #1 Complaint. Plaintiff's unopposed request is granted. The deadline for the parties to file a motion to amend pleadings is extended until July 31, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 6/23/2022) (kv) Modified on 6/24/2022 (kv). [Transferred from New York Southern on 9/22/2023.]
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Filing 12
CONSENT LETTER MOTION for Extension of Time to Amend Pleadings addressed to Judge John P. Cronan from Robert Chandler Wilson dated 6/22/2022. Document filed by Frederick Penrose..(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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Filing 11
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions due by 11/1/2022. All Fact Discovery due by 9/1/2022. All Discovery due by 9/1/2022. This case is not to be tried to a jury. The next Case Management Conference set for 9/20/2022 at 09:30 AM before Judge John P. Cronan. At the scheduled time, counsel for all parties should call(866) 434-5269, access code 9176261. The parties shall submit a joint status letter to the Court no later than September 8, 2022. And as set forth herein. SO ORDERED. (Signed by Judge John P. Cronan on 5/19/2022) (ama) [Transferred from New York Southern on 9/22/2023.]
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Filing 10
ORDER: The Court has reviewed the parties' proposed case management plan, Dkt. 9, and finds it to be acceptable. The Court will sign and enter the case management plan on the docket. If there is anything further that the parties would like to discuss at a conference, the parties shall file a letter advising the Court, at which time the Court will schedule a conference as necessary. Otherwise, the Initial Pretrial Conference scheduled for May 24, 2022 is adjourned sine die, and the Court will instead schedule a post-discovery conference. SO ORDERED. (Signed by Judge John P. Cronan on 5/19/2022) (ama) [Transferred from New York Southern on 9/22/2023.]
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Filing 9
JOINT LETTER addressed to Judge John P. Cronan from R. Chandler Wilson and Kevin G. Horbatiuk dated 5/17/2022 re: Initial Pretrial Conference. Document filed by Frederick Penrose. (Attachments: #1 Exhibit Proposed Case Management Plan and Scheduling Order).(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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Filing 8
NOTICE OF ASSIGNMENT: Initial Conference by telephone set for 5/24/2022 at 12:00 PM before Judge John P. Cronan. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Signed by Judge John P. Cronan on 4/22/2022) (vfr) [Transferred from New York Southern on 9/22/2023.]
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Filing 7
NOTICE OF APPEARANCE by Kevin Gerard Horbatiuk on behalf of New York Life Insurance Company. (Attachments: #1 Affidavit Certification of Service).(Horbatiuk, Kevin) [Transferred from New York Southern on 9/22/2023.]
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Filing 6
ORDER granting #5 Motion for Robert Chandler Wilson to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe) [Transferred from New York Southern on 9/22/2023.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Robert Chandler Wilson 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. (vba) [Transferred from New York Southern on 9/22/2023.]
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Pro Hac Vice Fee Payment: for #5 MOTION for Robert Chandler Wilson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-25989875..(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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Filing 5
MOTION for Robert Chandler Wilson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Frederick Penrose. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Pro Hac Vice Order).(Wilson, Robert) Modified on 4/11/2022 (vba). Modified on 4/19/2022 (vba). [Transferred from New York Southern on 9/22/2023.]
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Filing 4
ELECTRONIC SUMMONS ISSUED as to New York Life Insurance Company. (vf) [Transferred from New York Southern on 9/22/2023.]
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to New York Life Insurance Company, re: #1 Complaint. Document filed by Frederick Penrose..(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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Filing 2
CIVIL COVER SHEET filed..(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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Filing 1
COMPLAINT against New York Life Insurance Company. Document filed by Frederick Penrose. (Attachments: #1 Exhibit A - Appeal status and medical review, #2 Exhibit B - Warning Letter).(Wilson, Robert) [Transferred from New York Southern on 9/22/2023.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Chandler Wilson. 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. (vf) [Transferred from New York Southern on 9/22/2023.]
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Robert Chandler Wilson. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) [Transferred from New York Southern on 9/22/2023.]
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Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-25872737, paid on 3/16/2022. (vf) [Transferred from New York Southern on 9/22/2023.]
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Case Designated ECF. (vf) [Transferred from New York Southern on 9/22/2023.]
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Magistrate Judge Robert W. Lehrburger 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. (vf) [Transferred from New York Southern on 9/22/2023.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(vf) [Transferred from New York Southern on 9/22/2023.]
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