Walton v. The Guardian Life Insurance Company of America
| Denise Walton |
| The Guardian Life Insurance Company of America |
| 1:2024cv00005 |
| January 5, 2024 |
| US District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Thomas S Kleeh |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
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Filing 32
ORDER GRANTING MOTION TO STAY [ECF NO. #28 ]. This case is hereby STAYED. Signed by Chief District Judge Thomas S Kleeh on 1/30/2024. (hrc)
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Filing 31
RESPONSE to Motion re #28 First MOTION to Stay All Proceedings Pending Resolution of Plaintiff's Petition for Writ of Mandamus filed by The Guardian Life Insurance Company of America. (Morrison, Brian)
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Filing 30
ORDER. Defendant is DIRECTED to file a response to Plaintiffs motion to stay [ECF No. #28 ] on or before February 2, 2024. Signed by Chief District Judge Thomas S Kleeh on 1/26/2024. (hrc)
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Filing 29
Memorandum in Support re #28 First MOTION to Stay All Proceedings Pending Resolution of Plaintiff's Petition for Writ of Mandamus filed by Denise Walton. (Whiteaker, Kristina)
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Filing 28
First MOTION to Stay All Proceedings Pending Resolution of Plaintiff's Petition for Writ of Mandamus by Denise Walton. (Attachments: #1 Exhibit 1)(Whiteaker, Kristina)
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Filing 27
MOTION TO APPEAR Application for Admission Pro Hac Vice of Tony Merry Other Document filed by Denise Walton. (Attachments: #1 Exhibit Proposed Order)(Whiteaker, Kristina) Modified on 1/18/2024 ATTORNEY USED WRONG EVENT; EVENT WAS CORRECTED. (cmd).
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Filing 26
MOTION for Leave to Appear Pro Hac Vice of Jacqueline J. Herring by The Guardian Life Insurance Company of America. (Attachments: #1 Attachment Receipt, #2 Proposed Order)(Morrison, Brian)
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Filing 25
NOTICE of Appearance by Kristina Thomas Whiteaker on behalf of Denise Walton (Whiteaker, Kristina)
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Filing 24
ORDER SCHEDULING STATUS CONFERENCE. Status Conference set for 2/14/2024 11:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before Chief District Judge Thomas S Kleeh. Signed by Chief District Judge Thomas S Kleeh on 1/9/2024. (hrc)
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Filing 23
VERIFICATION OF ATTORNEY ADMISSION as to Tony Merry. (hrc)
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Filing 22
VERIFICATION OF ATTORNEY ADMISSION as to Brett Bacon and Jacqueline Herring. (hrc)
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Filing 21
Case transferred in from District of Ohio Southern; Case Number 2:23-cv-01693. (hrc)
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Filing 20
OPINION AND ORDER granting #10 Guardians Motion and transfers this case to the Northern District of West Virginia. This case is transferred to the Northern District of West Virginia for all future proceedings. Signed by Judge Edmund A. Sargus on 1/4/2024. (cmw) [Transferred from Ohio Southern on 1/5/2024.]
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***Civil Case Terminated. (cmw) [Transferred from Ohio Southern on 1/5/2024.]
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Case transferred to District of Northern District of West Virginia. Case file and docket sheet sent Electronically. (jlk) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 19
REPLY to Response to Motion re #10 MOTION to Dismiss MOTION to Change Venue , The Guardian Life Insurance Company of America's Motion to Dismiss Plaintiffs Complaint or Alternatively Transfer Venue filed by Defendant The Guardian Life Insurance Company of America. (Herring, Jacqueline) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 18
ORDER granting #16 Motion/Rule 26(f)Report. The parties' motion (ECF No. #16 ) is GRANTED. The Preliminary Pretrial Conference currently scheduled for October 19, 2023, is VACATED. Defendant must produce the administrative record to Plaintiff on or before November 15, 2023. Discovery is otherwise STAYED. If Defendant's Motion to Dismiss or Transfer Venue is denied, the parties shall submit a joint Rule 26(f) report WITHIN FOURTEEN DAYS of that ruling, which will prompt the Court to reschedule the Preliminary Pretrial Conference if necessary. Signed by Magistrate Judge Chelsey M. Vascura on 10/12/2023. (mas) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 17
STIPULATION To Withdraw Jury Demand by Plaintiff Denise Walton. (Merry, Tony) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 16
RULE 26(f) REPORT by Plaintiff Denise Walton. (Merry, Tony) Modified event on 10/12/2023 (mas). [Transferred from Ohio Southern on 1/5/2024.]
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Filing 15
RESPONSE in Opposition re #10 MOTION to Dismiss MOTION to Change Venue , The Guardian Life Insurance Company of America's Motion to Dismiss Plaintiffs Complaint or Alternatively Transfer Venue filed by Plaintiff Denise Walton. (Attachments: #1 Exhibit A Walton Declaration, #2 Exhibit B Merry Declaration, #3 Exhibit C State of Ohio filings, #4 Exhibit D web based employment ad) (Merry, Tony) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 14
NOTICE of Hearing: Initial Conference set for 10/19/2023 11:30 AM in Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 13
NOTATION ORDER granting #11 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss MOTION to Change Venue , The Guardian Life Insurance Company of America's Motion to Dismiss Plaintiffs Complaint or Alternatively Transfer Venue. Responses due by 9/25/2023; Replies due by 10/16/2023. By Magistrate Judge Chelsey M. Vascura on 9/6/2023. (agm) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 12
RESPONSE to Motion re #11 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss MOTION to Change Venue , The Guardian Life Insurance Company of America's Motion to Dismiss Plaintiffs Complaint or Alternatively Transfer V filed by Defendant The Guardian Life Insurance Company of America. (Herring, Jacqueline) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 11
Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss MOTION to Change Venue , The Guardian Life Insurance Company of America's Motion to Dismiss Plaintiffs Complaint or Alternatively Transfer Venue New date requested 9/25/2023. by Plaintiff Denise Walton. (Merry, Tony) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 10
MOTION to Dismiss ( Responses due by 9/11/2023), MOTION to Change Venue , The Guardian Life Insurance Company of America's Motion to Dismiss Plaintiffs Complaint or Alternatively Transfer Venue by Defendant The Guardian Life Insurance Company of America. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 Aurora Contacts, #3 Exhibit 2 Aurora Claim Stmt, #4 Exhibit 3 12-2-21 Ltr, #5 Exhibit 4 12-16-21 Notification Ltr, #6 Exhibit 5 Group Policy, #7 Exhibit 6 4-9-21 Claim, #8 Exhibit 7 12-16-21 Denial Ltr, #9 Exhibit 8 Guardian 1Q Stmt, #10 Exhibit 9 Aurora Form, #11 Exhibit 10 Medical Records excerpts, #12 Exhibit 11 Court stats) (Herring, Jacqueline) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 9
NOTATION ORDER granting re #7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint. The Guardian Life Insurance Company of America answer now due 8/21/2023. Signed by Magistrate Judge Chelsey M. Vascura on 7/21/23. (sem) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 8
Corporate Disclosure Statement by Defendant The Guardian Life Insurance Company of America. (Herring, Jacqueline) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 7
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint New date requested 8/21/2023. by Defendant The Guardian Life Insurance Company of America. (Attachments: #1 Text of Proposed Order) (Herring, Jacqueline) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 6
NOTATION ORDER granting #5 Motion for Leave to Appear Pro Hac Vice of Jacqueline J. Herring. Co-counsel are directed to register for e-filing through PACER if they have not already done so. By Magistrate Judge Chelsey M. Vascura on 7/18/23. (ds) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 5
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number BOHSDC-9509359) of Jacqueline J. Herring by Defendant The Guardian Life Insurance Company of America. (Attachments: #1 Text of Proposed Order PROPOSED ORDER) (Bacon, Brett) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 4
**THIS FILING IS A DUPLICATE OF ECF #2 ** - SUMMONS Returned Executed as to Defendant The Guardian Life Insurance Company of America. (Merry, Tony) Modified text on 7/17/2023 (kk2) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 3
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #2 Waiver of Service Executed filed by Denise Walton., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #2 Waiver of Service Executed filed by Denise Walton. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 7/17/2023. (daf) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 2
WAIVER OF SERVICE Returned Executed. Waiver sent to The Guardian Life Insurance Company of America on 5/22/2023, answer due 7/21/2023. (Merry, Tony) [Transferred from Ohio Southern on 1/5/2024.]
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Filing 1
COMPLAINT with JURY DEMAND against The Guardian Life Insurance Company of America ( Filing fee $ 402 paid - receipt number: AOHSDC-9431211), filed by Denise Walton. (Attachments: #1 Civil Cover Sheet) (Merry, Tony) [Transferred from Ohio Southern on 1/5/2024.]
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