Thakkar v. Honeywell International Incorporated Short-Term Disability Plan

Federal Civil Lawsuit Arizona District Court, Case No. 2:16-cv-01446
District Judge John J. Tuchi, presiding
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District Judge John J. Tuchi
Last Updated July 28, 2025 at 3:01 AM EDT (9.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [23D51A4], Plaintiff

Represented by Law Office of Patrick Mause PLLC

Name Phone Fax E-Mail
Space Patrick W Mause +1 520 618 2530 +1 520 622 7967 patrick@pmauselaw.com

Represented by Ober & Pekas, PLLC

Name Phone Fax E-Mail
Space Kevin Koelbel +1 602 277 1745 kevin@oberpekas.com
Space Erin Rose Ronstadt +1 602 277 1745 +1 602 761 4443 erin@oberpekas.com
v.
No Logo CIGNA Group Insurance, Defendant
No Logo Honeywell International Incorporated, Defendant

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Leigh Eric Dowell +1 602 778 3700 +1 602 778 3700 eric.dowell@ogletreedeakins.com
Space Marissa Erin Thielen +1 602 778 3783 marissa.thielen@ogletreedeakins.com
No Logo Honeywell International Incorporated Short-Term Disability Plan, Defendant

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Leigh Eric Dowell +1 602 778 3700 +1 602 778 3700 eric.dowell@ogletreedeakins.com
No Logo Life Insurance Company Of North America, Defendant

Represented by lewisroca.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Nicole True +1 602 262 5389 +1 602 748 2534 ntrue@lewisroca.com

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Kristina N. Holmstrom +1 602 778 3700 +1 602 778 3750 kristina.holmstrom@ogletree.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit Contract: Insurance
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 93 Filed: 10/4/2018, Entered: 10/4/2018
MANDATE of USCA - Granting the Motion to Dismiss Appeal re: 17-17084 as to 86 Notice of Appeal filed by 23D51A4. (DXD)
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Legal Document (Payment Possibly Required) 92 Filed: 7/16/2018, Entered: 7/16/2018
MANDATE of USCA Affirming District Court decision re: 17-15340 as to 66 Notice of Appeal filed by 23D51A4. (Attachments: # 1 Memorandum)(DXD)
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Legal Document (Payment Possibly Required) 90 Filed: 11/6/2017, Entered: 11/6/2017 Court Filing
ORDER: The Motion to Withdraw 89 is granted. Attorney Nicole M True is granted leave to withdraw from representing Life Insurance Company of North America in this case and shall have no further responsibility in this matter. IT IS FURTHER ORDERED that the Clerk of Court shall remove Ms. True from the CM/ECF service list for this case. Signed by Judge John J Tuchi on 11/06/2017. (REK)
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Legal Document (Payment Possibly Required) 89 Filed: 11/2/2017, Entered: 11/2/2017
MOTION to Withdraw as Attorney by Life Insurance Company of North America. (Attachments: # 1 Text of Proposed Order)(True, Nicole)
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Legal Document (Payment Possibly Required) 88 Filed: 10/18/2017, Entered: 10/18/2017
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Kristina Novotny Holmstrom. (Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 87 Filed: 10/17/2017, Entered: 10/17/2017
USCA Case Number re: 86 Notice of Appeal. Case number 17-17084, Ninth Circuit Court. (DXD)
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Legal Document (Payment Possibly Required) 86 Filed: 10/16/2017, Entered: 10/16/2017
NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 85 Order on Motion for Attorney Fees by 23D51A4. Filing fee received: $ 505.00, receipt number 0970-14762206. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 85 Filed: 10/5/2017, Entered: 10/5/2017 Court Filing
ORDER granting in part and denying in part LINA's 70 Motion for Attorney Fees. FURTHER ORDERED awarding LINA a total of $4921.00, as set forth. See document for complete details. Signed by Judge John J Tuchi on 10/5/2017. (ATD)
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Legal Document (Payment Possibly Required) 84 Filed: 7/28/2017, Entered: 7/28/2017
REPLY to Response to Motion re: 70 MOTION for Attorney Fees filed by Life Insurance Company of North America. (Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 83 Filed: 7/21/2017, Entered: 7/21/2017
RESPONSE in Opposition re: 70 MOTION for Attorney Fees filed by 23D51A4. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Mause, Patrick)
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Legal Document (Payment Possibly Required) 82 Filed: 7/6/2017, Entered: 7/6/2017
NOTICE re: of Filing Redacted Copy of Fee Agreement by Life Insurance Company of North America re: 70 MOTION for Attorney Fees . (Attachments: # 1 Exhibit 1 - Redacted Copy of Fee Agreement)(Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 81 Filed: 7/5/2017, Entered: 7/5/2017 Court Filing
ORDER: IT IS ORDERED that, by July 7, 2017, Defendant LINA shall file on the docket a copy of the fee agreement, excluding or redacting paragraph 3, entitled "Professional fees," as well as Attachments A, D, E, the W-9 form, and the individual contact information (names, telephone numbers and e-mail addresses) in the body of the agreement and Attachment B. IT IS FURTHER ORDERED that Plaintiff shall file a Response to LINA's Motion for Attorney Fees (Doc. 70) by July 21, 2017, and LINA may file a Reply by July 28, 2017. (See attached Order for complete details). Signed by Judge John J Tuchi on 7/5/17. (JAMA)
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Sealed Legal Document 80 Filed: 6/1/2017, Entered: 6/1/2017
*SEALED Unredacted Fee Agreement for In Camera Review (Re 79 Order) filed by Life Insurance Company of North America. (Holmstrom, Kristina) *Modified on 6/1/2017 to change from lodged to filed pursuant to doc. 79 (MAP)*.
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Legal Document (Payment Possibly Required) 79 Filed: 5/30/2017, Entered: 5/30/2017 Court Filing
ORDER: IT IS ORDERED granting in part and denying in part 69 LINA's Motion to submit its fee agreement with counsel in camera. LINA shall file under seal for in camera review by the Court an unredacted copy of the fee agreement no later than June 1, 2017, by 5:00 p.m. Arizona Time. (See attached Order for details). Signed by Judge John J Tuchi on 5/30/17.(JAMA)
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Legal Document (Payment Possibly Required) 78 Filed: 4/14/2017, Entered: 4/14/2017
REPLY to Response to Motion re: 69 MOTION Permission to Submit Fee Agreement In Camera filed by Life Insurance Company of North America. (Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 77 Filed: 4/11/2017, Entered: 4/11/2017 Court Filing
ORDER granting 76 Stipulation - Defendant's Life Insurance Company of North America's reply to Plaintiff's Response (Doc. 75 ) (re 69 Motion) is due on or before April 14, 2017. Signed by Judge John J Tuchi on 4/11/17. (LAD)
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Legal Document (Payment Possibly Required) 76 Filed: 4/7/2017, Entered: 4/7/2017
STIPULATION For Extension of Time to File Reply In Support of Motion to Submit Fee Agreement in Camera by Life Insurance Company of North America. (Attachments: # 1 Text of Proposed Order)(Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 75 Filed: 4/4/2017, Entered: 4/4/2017
RESPONSE to Motion re: 69 MOTION Permission to Submit Fee Agreement In Camera filed by 23D51A4. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Mause, Patrick)
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Legal Document (Payment Possibly Required) 74 Filed: 3/31/2017, Entered: 3/31/2017 Court Filing
ORDER granting Plaintiff 23D51A4 Expedited Motion to Stay Briefing on LINAs Motion for Attorneys' Fees Pending Resolution of Its Motion to File Fee Agreement in Camera (Doc. 71 ). The Court will set a briefing schedule on LINA's Motion for Attorneys' Fees (Doc. 70 ) upon resolution of its Motion to Submit Fee Agreement in Camera (Doc. 69 ). (See document for further details). Signed by Judge John J Tuchi on 3/30/17.(SLQ)
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Legal Document (Payment Possibly Required) 73 Filed: 3/29/2017, Entered: 3/29/2017
REPLY to Response to Motion re: 71 MOTION to Expedite Motion to Stay Briefing on LINA's Motion for Attorney's Fees filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 72 Filed: 3/29/2017, Entered: 3/29/2017
RESPONSE in Opposition re: 71 MOTION to Expedite Motion to Stay Briefing on LINA's Motion for Attorney's Fees filed by Life Insurance Company of North America. (Attachments: # 1 Exhibit Email Exchange)(Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 71 Filed: 3/28/2017, Entered: 3/28/2017
*Expedited MOTION to Stay Briefing on LINA's Motion for Attorney's Fees by 23D51A4. (Attachments: # 1 Text of Proposed Order)(Mause, Patrick) *Modified to correct event type on 3/30/2017 (EJA).
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Legal Document (Payment Possibly Required) 70 Filed: 3/22/2017, Entered: 3/22/2017
MOTION for Attorney Fees by Life Insurance Company of North America. (Attachments: # 1 Exhibit A through D to Motion for Attorneys' Fees, # 2 Text of Proposed Order)(Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 69 Filed: 3/21/2017, Entered: 3/21/2017
MOTION Permission to Submit Fee Agreement In Camera by Life Insurance Company of North America. (Attachments: # 1 Exhibit A - Declaration, # 2 Text of Proposed Order)(Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 68 Filed: 3/6/2017, Entered: 3/6/2017
STATEMENT of Defendant Life Insurance Company of North America by Defendant Life Insurance Company of North America. (Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 67 Filed: 2/27/2017, Entered: 2/27/2017
USCA Case Number re: 66 Notice of Appeal. Case number 17-15340, Ninth Circuit Court of Appeals. (LAD) (Distributed by the Ninth Circuit)
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Legal Document (Payment Possibly Required) 66 Filed: 2/24/2017, Entered: 2/24/2017
* NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 53 Order, 62 Clerks Judgment by 23D51A4. Filing fee received: $ 505.00, receipt number 0970-13955870. (Attachments: # 1 Representation Statement)(Mause, Patrick) * Modified to clarify text on 2/24/2017 (LAD).
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Legal Document (Payment Possibly Required) 65 Filed: 2/23/2017, Entered: 2/23/2017 Court Filing
ORDER: IT IS ORDERED granting 64 Defendant Life Insurance Company of North America's ("LINA") Expedited Motion for Extension of Time to Move for Attorneys' Fees. Defendant LINA may have up to and including March 23, 2017, to file any motion for attorneys' fees. Signed by Judge John J Tuchi on 2/23/17.(JAMA)
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Legal Document (Payment Possibly Required) 64 Filed: 2/21/2017, Entered: 2/21/2017
MOTION for Extension of Time re: Attorneys' Fees by Life Insurance Company of North America. (Attachments: # 1 Exhibit 1-4, # 2 Text of Proposed Order)(Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 63 Filed: 2/6/2017, Entered: 2/6/2017 Court Filing
ORDER - IT IS THEREFORE ORDERED directing the Clerk of Court to close this case. (See document for further details). Signed by Judge John J Tuchi on 2/6/17. (LAD)
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Legal Document (Payment Possibly Required) 62 Filed: 2/3/2017, Entered: 2/3/2017
CLERK'S JUDGMENT - Pursuant to Federal Rule of Civil Procedure 68 and to Plaintiff having accepted Defendant's offer of judgment, judgment is hereby entered against Defendant Honeywell International Incorporated in the amount of $ 34,000.00. This action is hereby terminated as to Defendant Honeywell International Incorporated only. (LAD)
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Legal Document (Payment Possibly Required) 61 Filed: 2/2/2017, Entered: 2/2/2017
NOTICE of Acceptance with Offer of Judgment by 23D51A4 . (Attachments: # 1 Exhibit)(Mause, Patrick)
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Legal Document (Payment Possibly Required) 60 Filed: 1/13/2017, Entered: 1/13/2017 Court Filing
ORDER: IT IS ORDERED denying 55 Plaintiff's Motion for Reconsideration. (See attached Order for details). Signed by Judge John J Tuchi on 1/13/17.(JAMA)
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Legal Document (Payment Possibly Required) 59 Filed: 1/12/2017, Entered: 1/12/2017
NOTICE of Service of Discovery filed by Honeywell International Incorporated. (Thielen, Marissa)
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Legal Document (Payment Possibly Required) 58 Filed: 12/12/2016, Entered: 12/12/2016 Court Filing
TRANSCRIPT REQUEST for Oral Argument by Honeywell International Incorporated for proceedings held on 11-15-16, Judge John J Tuchi hearing judge(s). (Dowell, Leigh)
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Legal Document (Payment Possibly Required) 57 Filed: 12/9/2016, Entered: 12/9/2016
NOTICE of Service of Discovery filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 55 Filed: 12/2/2016, Entered: 12/2/2016
MOTION for Reconsideration re: 53 Order on Motion to Dismiss Counts/Claims, Order on Motion to Amend/Correct by 23D51A4. (Attachments: # 1 Exhibit)(Mause, Patrick)
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Legal Document (Payment Possibly Required) 56 Filed: 11/30/2016, Entered: 12/8/2016 Court Filing
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT proceedings held on 11/15/2016, before Judge John J. Tuchi. (Court Reporter: Elaine Cropper). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/21/2016. Redacted Transcript Deadline set for 1/3/2017. Release of Transcript Restriction set for 2/28/2017. (RAP)
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Legal Document (Payment Possibly Required) 54 Filed: 11/23/2016, Entered: 11/23/2016 Court Filing
TRANSCRIPT REQUEST by 23D51A4 for proceedings held on 11-15-2016, Judge John J Tuchi hearing judge(s). (Mause, Patrick)
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Legal Document (Payment Possibly Required) 53 Filed: 11/21/2016, Entered: 11/21/2016 Court Filing
ORDER - IT THEREFORE IS ORDERED granting Defendant Life Insurance Company of North America's Motion to Dismiss (Doc. 27 ). Count Two, for Tortious Interference with Contract against Life Insurance Company of North America, is dismissed with leave to amend the Complaint. Count Three, for Tortious Breach of the Duty of Good Faith and Fair Dealing, is dismissed with prejudice against all Defendants. IT IS FURTHER ORDERED granting in part and denying in part Plaintiff's Cross-Motion to Amend (Doc. 31 ). Plaintiff may not amend the Complaint to add a claim for Aiding and Abetting Bad Faith, but Plaintiff may amend the Complaint to add a prayer for punitive damages for any amended claim of Tortious Interference with Contract against Life Insurance Company of North America, if Plaintiff can sufficiently allege facts supporting a plausible inference of the requisite state of mind. IT IS FURTHER ORDERED that Plaintiff shall file any Amended Complaint by December 2, 2016. The Amended Complaint must incorporate all of the parties' stipulations and the Court's rulings to date. IT IS FURTHER ORDERED that, in response to Plaintiff's Requests for Production, Defendant Honeywell shall search for and produce documents in its possession discussing targeted rates of claim acceptance or denial for short term disability claims during the period January 1, 2014 through July 31, 2016 that were shared between Honeywell and LINA, or that reflect communications between Honeywell and LINA on this topic. Honeywell is not required to respond to Requests for Production Numbers 1 and 3. (See document for further details). Signed by Judge John J Tuchi on 11/21/16. (LAD)
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Blank 52 Filed: 11/15/2016, Entered: 11/15/2016 Court Filing
MINUTE ENTRY for proceedings held before Judge John J Tuchi: Oral Argument held on 11/15/2016 as to Defendant Life Insurance Company of North America's 27 Motion to Dismiss, Plaintiff 23D51A4 31 Motion to Amend, and 41 Joint Statement of Discovery Dispute. Argument held. For reasons as stated on the record, IT IS ORDERED taking this matter under advisement. Formal order to follow. APPEARANCES: Patrick Mause, Kevin Koelbel and Erin Ronstadt for Plaintiff. Leigh Dowell and Kristina Holmstrom for Defendants. (Court Reporter Elaine Cropper.) Hearing held 1:33 PM to 3:09 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
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Legal Document (Payment Possibly Required) 51 Filed: 11/15/2016, Entered: 11/15/2016
NOTICE of Errata re: 27 MOTION to Dismiss Counts/Claims : 2, 3, 4, 5 by Defendants Cigna Group Insurance, Life Insurance Company of North America.. (Attachments: # 1 Exhibit A)(Holmstrom, Kristina)
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Blank 50 Filed: 11/8/2016, Entered: 11/8/2016 Court Filing
MINUTE ORDER: On the Court's own motion, the hearing on the motion to dismiss, motion to amend and discovery dispute (Doc. 44 ) set for 11/8/16 at 1:30 p.m. is continued to 11/15/2016 at 01:30 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. Parties are to appear in person. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
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Legal Document (Payment Possibly Required) 49 Filed: 11/7/2016, Entered: 11/7/2016
NOTICE of Service of Discovery filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 48 Filed: 11/7/2016, Entered: 11/7/2016
NOTICE of Deposition of Vivian Fu-Zambuto, filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 47 Filed: 10/31/2016, Entered: 10/31/2016
NOTICE of Service of Discovery filed by Honeywell International Incorporated. (Thielen, Marissa)
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Legal Document (Payment Possibly Required) 46 Filed: 10/31/2016, Entered: 10/31/2016 Court Filing
ORDER: IT IS ORDERED granting 45 the parties Stipulation to Reschedule Motion and Discovery Dispute Hearing. The hearing on the motion to dismiss, motion to amend and discovery dispute (Doc. 44 ) set for November 4, 2016 at 9:30 a.m. is vacated and reset for Tuesday, November 8, 2016, at 1:30 p.m. Signed by Judge John J Tuchi on 10/31/16. (JAMA)
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Legal Document (Payment Possibly Required) 45 Filed: 10/28/2016, Entered: 10/28/2016
STIPULATION re: 44 Order, Terminate Hearings, Set Motion Hearing Requesting Rescheduling by Life Insurance Company of North America. (Attachments: # 1 Text of Proposed Order)(Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 44 Filed: 10/28/2016, Entered: 10/28/2016 Court Filing
ORDER vacating the telephonic hearing on the discovery dispute set for 10/31/2016 at 2:00 PM. FURTHER ORDERED setting Oral Argument as to Defendant Life Insurance Company of North America's 27 Motion to Dismiss, Plaintiff 23D51A4 31 Motion to Amend, and 41 Joint Statement ofDiscovery Dispute for 11/4/2016 at 9:30 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. Signed by Judge John J Tuchi on 10/28/2016. (MMO)
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Blank 43 Filed: 10/27/2016, Entered: 10/27/2016 Court Filing
MINUTE ORDER: Pursuant to Parties' Joint Statement of Discovery Dispute (Doc. 41 ) a Telephonic Discovery Dispute Hearing is set for Monday, October 31, 2016 at 2:00 p.m. in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. Chambers will e-mail dial-in information to all counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
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Legal Document (Payment Possibly Required) 42 Filed: 10/26/2016, Entered: 10/26/2016
NOTICE of Appearance by Kevin Koelbel on behalf of 23D51A4. (Koelbel, Kevin)
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Legal Document (Payment Possibly Required) 41 Filed: 10/26/2016, Entered: 10/26/2016
* JOINT STATEMENT of Discovery Dispute and Joint Certification of Counsel by 23D51A4 . (Attachments: # 1 Exhibit, # 2 Exhibit)(Mause, Patrick) * Modified to correct event; attorney noticed on 10/27/2016 (LAD).
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Legal Document (Payment Possibly Required) 40 Filed: 10/14/2016, Entered: 10/14/2016
NOTICE of Service of Discovery filed by Honeywell International Incorporated. (Dowell, Leigh)
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Legal Document (Payment Possibly Required) 39 Filed: 10/5/2016, Entered: 10/5/2016
SUPPLEMENT Notice of Supplemental Authority re: 31 CROSS-MOTION to Amend, 36 Reply to Response to Motion by Plaintiff 23D51A4. (Attachments: # 1 Exhibit)(Mause, Patrick)
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Legal Document (Payment Possibly Required) 38 Filed: 9/30/2016, Entered: 9/30/2016
NOTICE of Service of Discovery filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 37 Filed: 9/28/2016, Entered: 9/28/2016
NOTICE of Deposition of Honeywell Pursuant to Rule 30(b)(6), filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 36 Filed: 9/16/2016, Entered: 9/16/2016
REPLY to Response to Motion re: 31 CROSS-MOTION to Amend filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 35 Filed: 9/9/2016, Entered: 9/9/2016
* Joinder in 34 Reply to Response to Motion to Dismiss filed by Defendant Life Insurance Company of North America by Defendant Honeywell International Incorporated. filed by Honeywell International Incorporated. (Dowell, Leigh) * Modified to add document linkage on 9/12/2016 (LAD).
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Legal Document (Payment Possibly Required) 34 Filed: 9/9/2016, Entered: 9/9/2016
* REPLY to Response to Motion re: 27 MOTION to Dismiss Counts/Claims : 2, 3, 4, 5 Defendant's Reply in Support of Its Motion to Dismiss (Doc. 27) and RESPONSE in Opposition to Plaintiff's Cross-Motion to Amend (Doc. 31 ) filed by Cigna Group Insurance, Life Insurance Company of North America. (Attachments: # 1 Exhibit A)(Holmstrom, Kristina) * Modified to add docket text on 9/12/2016 (LAD).
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Legal Document (Payment Possibly Required) 33 Filed: 9/2/2016, Entered: 9/2/2016 Court Filing
SCHEDULING ORDER: Discovery due by 10/6/2017. Dispositive motions due by 11/10/2017. (See attached Order for additional deadlines and details). Signed by Judge John J Tuchi on 9/2/16. (JAMA)
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Blank 32 Filed: 9/2/2016, Entered: 9/2/2016 Court Filing
MINUTE ENTRY for proceedings held before Judge John J Tuchi: Scheduling Conference held on 9/2/2016. Deadlines discussed and entered. Scheduling Order to follow. APPEARANCES: Patrick Mause for Plaintiff. Leigh Eric Dowell, Kristina Holmstrom and Nicole True for Defendants. (Court Reporter Elaine Cropper.) Hearing held 2:26 PM to 3:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
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Legal Document (Payment Possibly Required) 31 Filed: 9/1/2016, Entered: 9/1/2016
* RESPONSE to Motion re: 27 MOTION to Dismiss Counts/Claims : 2, 3, 4, 5 and CROSS-MOTION to Amend filed by 23D51A4. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Mause, Patrick) * Modified to correct event on 9/12/2016 (LAD).
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Legal Document (Payment Possibly Required) 30 Filed: 8/26/2016, Entered: 8/26/2016
NOTICE of Service of Discovery filed by Honeywell International Incorporated. (Dowell, Leigh)
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Blank 29 Filed: 8/24/2016, Entered: 8/24/2016 Court Filing
ORDER: On the Court's Own Motion, IT IS ORDERED resetting the Scheduling Conference from 8/29/2016 to 9/2/2016 at 2:30 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. All other aspects of the Court's 7/7/2016 Order (Doc. 11 )remain in effect. Ordered by Judge John J Tuchi on 8/24/16. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA)
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Legal Document (Payment Possibly Required) 28 Filed: 8/24/2016, Entered: 8/24/2016
*Joinder in 27 Motion to Dismiss Filed by Def Life Insurance Company of North America by Defendant Honeywell International Incorporated. (Dowell, Leigh) *Modified to add document number on 8/24/2016 (KGM).
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Legal Document (Payment Possibly Required) 27 Filed: 8/23/2016, Entered: 8/23/2016
* MOTION to Dismiss Counts/Claims : 2, 3 by Life Insurance Company of North America. (Holmstrom, Kristina) * Modified to correct text on 8/24/2016 (LAD).
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Legal Document (Payment Possibly Required) 26 Filed: 8/22/2016, Entered: 8/22/2016
REPORT of Rule 26(f) Planning Meeting by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 25 Filed: 8/19/2016, Entered: 8/19/2016
NOTICE of Service of Discovery filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 24 Filed: 8/12/2016, Entered: 8/12/2016
NOTICE of Service of Discovery filed by Life Insurance Company of North America. (Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 23 Filed: 8/12/2016, Entered: 8/12/2016
NOTICE of Service of Discovery filed by Honeywell International Incorporated. (Dowell, Leigh)
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Legal Document (Payment Possibly Required) 22 Filed: 8/12/2016, Entered: 8/12/2016
NOTICE of Service of Discovery filed by 23D51A4. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 21 Filed: 7/22/2016, Entered: 7/22/2016
AMENDED ANSWER to 1 Complaint by Life Insurance Company of North America. (True, Nicole)
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Legal Document (Payment Possibly Required) 20 Filed: 7/22/2016, Entered: 7/22/2016
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Life Insurance Company of North America . (Attachments: # 1 Exhibit Amended Answer)(True, Nicole)
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Blank 19 Filed: 7/21/2016, Entered: 7/22/2016
NOTICE TO FILER OF DEFICIENCY re: 18 Stipulation filed by Life Insurance Company of North America. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. In addition, you may also enter the Amended Answer to Complaint event in order to file the finalized version of your Amended Answer. This event is found under Amended Pleadings and Service, Other Answers. Please note, the Stipulation at 18 has been terminated. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD)
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Legal Document (Payment Possibly Required) 18 Filed: 7/21/2016, Entered: 7/21/2016
* STIPULATION re: 7 Answer to Complaint Amended by Life Insurance Company of North America. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Amended Answer)(Holmstrom, Kristina) * Document not in compliance with LRCiv 15.1(b); attorney noticed on 7/22/2016 (LAD).
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Legal Document (Payment Possibly Required) 17 Filed: 7/19/2016, Entered: 7/19/2016
Corporate Disclosure Statement by Honeywell International Incorporated. (Dowell, Leigh)
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Legal Document (Payment Possibly Required) 16 Filed: 7/18/2016, Entered: 7/18/2016
NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Honeywell International Incorporated. (JAMA)
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Legal Document (Payment Possibly Required) 15 Filed: 7/15/2016, Entered: 7/15/2016
ANSWER to 1 Complaint by Honeywell International Incorporated.(Dowell, Leigh)
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Legal Document (Payment Possibly Required) 14 Filed: 7/13/2016, Entered: 7/13/2016 Court Filing
ORDER: IT IS ORDERED pursuant to Rule 4(m), Fed. R. Civ. P., that this action shall be dismissed as to Defendant Cigna Group Insurance without further notice after August 10, 2016, unless before then Plaintiff has served Defendant Cigna Group Insurance with the Summons and Complaint and has filed with the Clerk of the Court proof thereof pursuant to Rule 4(l) or has shown good cause for the failure to timely serve. Signed by Judge John J Tuchi on 7/13/16. (JAMA)
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Legal Document (Payment Possibly Required) 13 Filed: 7/12/2016, Entered: 7/12/2016
NOTICE of Party Dismissal by 23D51A4. Party Honeywell International Incorporated Short-Term Disability Plan (a non-ERISA disability payroll practice plan) terminated. (Attachments: # 1 Text of Proposed Order)(Mause, Patrick)
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Legal Document (Payment Possibly Required) 12 Filed: 7/7/2016, Entered: 7/7/2016 Court Filing
ORDER: IT IS ORDERED pursuant to Rule 4(m), Fed. R. Civ. P., that this action shall be dismissed as to Defendant Honeywell International Incorporated Short-Term Disability Plan without further notice after August 10, 2016, unless before then Plaintiff has served Defendant Honeywell International Incorporated Short-Term Disability Plan with the Summons and Complaint and has filed with the Clerk of the Court proof thereof pursuant to Rule 4(l) or has shown good cause for the failure to timely serve. Signed by Judge John J Tuchi on 7/7/16. (JAMA)
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Legal Document (Payment Possibly Required) 11 Filed: 7/7/2016, Entered: 7/7/2016 Court Filing
ORDER: Scheduling Conference set for 8/29/2016 at 01:30 PM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. The parties shall submit their joint proposed case management plan not less than seven (7) days before the Scheduling Conference. All parties are required to appear in person at the hearing. No extensions will be granted. (See attached Order for additional details). Signed by Judge John J Tuchi on 7/7/16. (JAMA)
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Legal Document (Payment Possibly Required) 10 Filed: 6/24/2016, Entered: 6/24/2016
NOTICE of Appearance by Leigh Eric Dowell on behalf of Honeywell International Incorporated, Honeywell International Incorporated Short-Term Disability Plan. (Dowell, Leigh)
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Legal Document (Payment Possibly Required) 9 Filed: 6/22/2016, Entered: 6/22/2016
SERVICE EXECUTED filed by 23D51A4: Rule 4 Waiver of Service of Summons. Waiver sent on May 17, 2016 to Honeywell International, Inc. . (Mause, Patrick)
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Legal Document (Payment Possibly Required) 8 Filed: 6/13/2016, Entered: 6/13/2016
Corporate Disclosure Statement by Cigna Group Insurance, Life Insurance Company of North America identifying Corporate Parent CIGNA Corporation, Corporate Parent Connecticut General Corporation, Corporate Parent CIGNA Holdings Incorporated for Life Insurance Company of North America; Corporate Parent CIGNA Corporation for Cigna Group Insurance. (Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 7 Filed: 6/8/2016, Entered: 6/8/2016
ANSWER to 1 Complaint by Life Insurance Company of North America.(Holmstrom, Kristina)
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Legal Document (Payment Possibly Required) 6 Filed: 6/7/2016, Entered: 6/7/2016
SERVICE EXECUTED filed by 23D51A4: Proof of Service re: Complaint upon Life Insurance Company of North America on May 18, 2016. (Mause, Patrick)
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Legal Document (Payment Possibly Required) 5 Filed: 5/12/2016, Entered: 5/12/2016 Court Filing
ORDER: IT IS ORDERED that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that plaintiff shall serve a copy of this order on defendants. (See attached Order for additional details). Signed by Judge John J Tuchi on 5/12/16. (JAMA)
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Legal Document (Payment Possibly Required) 4 Filed: 5/11/2016, Entered: 5/11/2016
Summons Issued as to Cigna Group Insurance, Honeywell International Incorporated, Honeywell International Incorporated Short-Term Disability Plan, Life Insurance Company of North America. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (4 total)
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Legal Document (Payment Possibly Required) 3 Filed: 5/11/2016, Entered: 5/11/2016 Court Filing
Filing fee paid, receipt number 0970-12954775. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-16-01446-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (LAD)
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Legal Document (Payment Possibly Required) 2 Filed: 5/11/2016, Entered: 5/11/2016
SUMMONS Submitted by 23D51A4. (Submitted by Patrick Mause) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(LAD)
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Legal Document (Payment Possibly Required) 1 Filed: 5/11/2016, Entered: 5/11/2016
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-12954775 filed by 23D51A4. (Submitted by Patrick Mause) (Attachments: # 1 Civil Cover Sheet)(LAD)
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