Kelly v. Provident Life and Accident Insurance Company et al
| Camilla Kelly, D.O. |
| Provident Life and Accident Insurance Company and Unum Group |
| 1:2009cv00070 |
| March 18, 2009 |
| US District Court for the District of Vermont |
| Contract: Other Office |
| Washington |
| J. Garvan Murtha |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
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The following documents for this case are available for you to view or download:
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Filing
238
ORDER: The Court denied 202 Motion in Limine Regarding Miscellaneous Evidentiary Issues at the pretrial conference on April 25, 2011, and granted the Defendants' 214 Motion to Dismiss Counterclaim (Doc. 214), but deferred ruling on wh ether to allow evidence of the effect asserting and withdrawing the Counterclaim had on the Plaintiff. Upon consideration of the pleadings and arguments of counsel, the Court will allow testimony from Plaintiff that the counterclaim was brought and w hether or not it affected her emotionally or physically. If requested, the Court would consider instructing the jury to the effect that they are to disregard and not consider the fact that the counterclaim is no longer part of the case. Signed by Senior Judge J. Garvan Murtha on 5/5/2011. (wjf)
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Filing
184
ORDER: Pltf's 151 Motion to compel production of knowledgeable 30(b)(6) witnesses, or for sanctions is GRANTED in part and DENIED in part. Plaintiff may redepose Maureen Griffin, in accordance with the Court's instructions at a time and p lace agreed to by Pltf's and Dfts' counsel but no later than January 28, 2011. In all other respects, the motion is denied. Pltf's 154 Motion to compel responses to her First Request for Production of Documents is DENIED. The Court considers discovery to be closed and this case ready for trial upon the conclusion of the January deposition and resolution of the currently pending 158 Motion for partial summary judgment. Signed by Judge J. Garvan Murtha on 12/20/2010. (kak)
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Filing
147
MEMORANDUM AND ORDER: granting in part and denying in part 100 Motion to Compel Production of Prior IME Reports Done for Defendant By Doctors Mann and Drukteinis; denying 118 Motion to Compel Defendants To Produce a Knowledgeable Witness To Testi fy Concerning the Matters Identified In Plaintiff's Notice of 30(b)(6) deposition or, In the Alternative, MOTION For an Order Garnating Sanctions Pursuant to Rule 37(d)(1)(A)(3); denying 136 Motion for Leave to File a Sur-Reply as to 118 MOTION to Compel. Signed by Judge J. Garvan Murtha on 8/17/2010. (wjf) Text clarified on 8/18/2010 (jlh).
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Filing
77
MEMORANDUM AND ORDER: denying defendants' 36 Motion for Summary Judgment; denying as moot defendants' 37 Motion to Stay Discovery; denying plaintiff's 56 Motion for Partial Summary Judgment on Breach of Contract; denying as moot defendants' 64 Motion to Strike 55 Statement of Facts in Support of Response in Opposition to 36 Motion for Summary Judgment. The Court dismisses sua sponte Kelly's claim for breach of the implied covenant of good faith and fair dealing. Signed by Judge J. Garvan Murtha on 03/09/2010. (wjf)
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Filing
59
RULING on 32 Motion to Amend Answer: Dft's 32 Motion to Amend their Answer to Assert a Counterclaim is GRANTED. Counsel shall forthwith file Defendants' Amended Answer and Counterclaim Signed by Judge J. Garvan Murtha on 12/18/2009. (kak)
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