Heldt v. The Guardian Life Insurance Company of America

Federal Civil Lawsuit California Southern District Court, Case No. 3:16-cv-00885
District Judge Cynthia Ann Bashant, presiding
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District Judge Cynthia Ann Bashant
Last Updated June 29, 2026 at 12:32 PM EDT (1.3 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [6168677], Plaintiff

Represented by Bagula Riviere Coates and Associates LLP

Name Phone Fax E-Mail
Space Mark Scott Bagula bagula@brcaa.com
Space Rada Feldman feldman@brcaa.com
No Logo James Heldt, Plaintiff

Represented by Bagula Riviere Coates and Associates LLP

Name Phone Fax E-Mail
Space Mark Scott Bagula bagula@brcaa.com
Space Rada Feldman feldman@brcaa.com

Represented by Suite 235

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Mark Scott Bagula +1 619 272 4235 +1 619 272 4309 bagula@brcaa.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Rada Feldman +1 619 272 4235 +1 619 272 4309 feldman@brcaa.com
v.
No Logo The Guardian Life Insurance Company Of America, Defendant

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

Name Phone Fax E-Mail
Space Shivani Nanda +1 415 442 4810 +1 415 442 4870 shivani.nanda@ogletreedeakins.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Sean Patrick Nalty +1 415 442 4810 +1 415 442 4870 sean.nalty@ogletreedeakins.com

Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Shivani Nanda +1 415 442 4810 +1 415 442 4870 shivani.nanda@wilsonelser.com
Space Shivani Nanda +1 415 442 4810 +1 415 442 4870 shivani.nanda@wilsonelser.com
Attributes
Citation Section 29 U.S.C. § 1001
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Jurisdiction Federal Question
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
  Entries (81) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 83 Filed: 3/22/2019, Entered: 3/22/2019 Costs Taxed
Costs Taxed in amount of $3,165.54 against James Heldt (sjt) (Entered: 03/22/2019)
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Legal Document (Payment Possibly Required)  Filed: 3/18/2019, Entered: None Notice of Hearing - Bill of Costs
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Legal Document (Payment Possibly Required) 82 Filed: 3/18/2019, Entered: 3/18/2019
NOTICE of Hearing - Bill of Costs, re 80 Bill of Costs, filed by The Guardian Life Insurance Company of America : Hearing set for 3/19/2019 at 11:00AM is Hereby VACATED. No opposition or responsive pleading filed by due date of 3/14/2019. Order to follow. (no document attached) (sjt) (Entered: 03/18/2019)
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Legal Document (Payment Possibly Required) 81 Filed: 3/1/2019, Entered: 3/1/2019
NOTICE of Hearing - Bill of Costs, re 80 Bill of Costs, filed by The Guardian Life Insurance Company of America : Hearing set for 3/19/2019 at 11:00AM. Any opposition or responsive pleading due 3/14/2019. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call, then contact S. Tweedle 619-557-7349 at the time of the hearing. (no document attached) (sjt) (Entered: 03/01/2019)
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Legal Document (Payment Possibly Required) 80 Filed: 3/1/2019, Entered: 3/1/2019
BILL OF COSTS submitted by Defendant The Guardian Life Insurance Company of America in the amount of $ 4563.54. Hearing set for 3/19/2019 at 11:00AM. (Attachments: # 1 Notice of Clerk's Hearing on Bill of Costs, # 2 Declaration of Sean P. Nalty in Support of Bill of Costs)(Nalty, Sean). (jah). (Entered: 03/01/2019)
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Legal Document (Payment Possibly Required) 79 Filed: 2/15/2019, Entered: 2/15/2019
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of The Guardian Life Insurance Company of America against James Heldt. Court grants Defendant's Motion for Summary Judgment in its entirety. This concludes litigation in this matter. The case is closed. (jah) (sjt). (Entered: 02/15/2019)
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Legal Document (Payment Possibly Required) 78 Filed: 2/15/2019, Entered: 2/15/2019 Court Filing
REDACTED ORDER granting Defendant's 60 Motion for Summary Judgment. Court grants Defendants' Motion for Summary Judgment in its entirety. This concludes the litigation in this matter. The Clerk is instructed to close the file. Signed by Judge Cynthia Bashant on 2/15/2019. (jah) (Entered: 02/15/2019)
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Legal Document (Payment Possibly Required) 76 Filed: 2/11/2019, Entered: 2/11/2019 Court Filing
Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 2/11/2019 re 60 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by The Guardian Life Insurance Company of America. Court to issue order. (Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Mahdi Ibrahim). (Defendant Attorney Sean Nalty). (no document attached) (sxm) (Entered: 02/11/2019)
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Legal Document (Payment Possibly Required) 75 Filed: 12/18/2018, Entered: 12/18/2018 Court Filing
ORDER granting in part 74 Joint Motion to Modify Scheduling Order. Oral Argument set for 2/11/2019 11:00 AM in Courtroom 4B before Judge Cynthia Bashant, the parties should be prepared to discuss Defendant's motion for summary judgment. Court agrees the pretrial schedule must be modified and grants in part 74 joint motion. The remainder of the 40 Scheduling Order, paragraphs 9 through 20 are vacated pending resolution of Defendant's motion for summary judgment. Signed by Judge Cynthia Bashant on 12/18/2018. (jah) (Entered: 12/18/2018)
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Legal Document (Payment Possibly Required) 74 Filed: 12/17/2018, Entered: 12/17/2018
Joint MOTION for Order to Modify Scheduling Order by The Guardian Life Insurance Company of America. (Nalty, Sean). (jah). (Entered: 12/17/2018)
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Legal Document (Payment Possibly Required) 73 Filed: 11/21/2018, Entered: 11/21/2018
RESPONSE to Objection to Statement of Undisputed Facts re 71 Response in Opposition to Motion, filed by The Guardian Life Insurance Company of America. (Nalty, Sean). Modified on 11/23/2018 - Wrong event. Corrected text (jah). (Entered: 11/21/2018)
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Legal Document (Payment Possibly Required) 72 Filed: 11/20/2018, Entered: 11/20/2018
NOTICE of Lodgment: Redacted Versions of Exhibit A-C by James Heldt re 68 Order on Motion to File Documents Under Seal (Bagula, Mark). Modified on 11/21/2018 - Corrected text and document links (jah). (Entered: 11/20/2018)
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Legal Document (Payment Possibly Required) 71 Filed: 11/19/2018, Entered: 11/19/2018
OBJECTION to Statement of Undisputed Facts re 60 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by James Heldt. (Attachments: # 1 Proof of Service)(Bagula, Mark). Modified on 11/20/2018 - Wrong event. QC Email sent. Corrected text to match pleading (jah). (Entered: 11/19/2018)
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Legal Document (Payment Possibly Required) 70 Filed: 11/16/2018, Entered: 11/16/2018
REPLY to Response to Motion re 60 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Statement of Facts Stipulated by Parties Pursuant to Paragraph G of the Court's Standing Order, # 2 Declaration Supplemental of Michael Corcoran)(Nalty, Sean). (jah). (Entered: 11/16/2018)
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Legal Document (Payment Possibly Required) 68 Filed: 11/15/2018, Entered: 11/15/2018 Court Filing
ORDER Granting 66 Motion to File Documents Under Seal. The Court previously granted Defendant's motion to seal documents which also contained confidential medical information. (ECF No. 64.) For the reasons listed therein, the Court similarly grants Plaintiff's motion. Plaintiff must file redacted versions of the documents on the public docket. Signed by Judge Cynthia Bashant on 11/15/2018. (rmc) (Entered: 11/15/2018)
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Legal Document (Payment Possibly Required) 67 Filed: 11/13/2018, Entered: 11/13/2018
** Filed as Sealed Document 69 on 11/15/2018 ** SEALED LODGED Proposed Document re: 66 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Bagula, Mark) (rmc). (Main Document 67 replaced on 11/15/2018) (rmc). Modified on 11/15/2018 to add file date of lodgment (rmc). (Entered: 11/13/2018)
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Legal Document (Payment Possibly Required) 66 Filed: 11/13/2018, Entered: 11/13/2018
MOTION to File Documents Under Seal (Bagula, Mark) (rmc). (Entered: 11/13/2018)
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Legal Document (Payment Possibly Required) 64 Filed: 11/13/2018, Entered: 11/13/2018 Court Filing
ORDER Granting 57 Motion to File Documents Under Seal. Having reviewed Defendant's request and the documents, the Court finds that Defendant provides compelling reasons to seal portions of the declaration of Kelly Gillespie, the declaration of Kimberly Stauder, and exhibits 8, 9, 10, 12, 13, 15, 16, 22, and 24. The Court grants Defendant's motion to file documents under seal. Signed by Judge Cynthia Bashant on 11/13/2018. (rmc) (Entered: 11/13/2018)
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Legal Document (Payment Possibly Required) 63 Filed: 11/9/2018, Entered: 11/9/2018
RESPONSE in Opposition re 60 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by James Heldt. (Attachments: # 1 Declaration Dec of MB ISO Oppo MSJ, # 2 Exhibit Ex1 Dec of MB, # 3 Exhibit Ex2 Dec of MB, # 4 Exhibit Ex3 Dec of MB, # 5 Exhibit Ex4 Dec of MB, # 6 Declaration Dec of Heldt ISO Oppo MSJ, # 7 Proof of Service COS)(Bagula, Mark) (aef). (Entered: 11/09/2018)
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Legal Document (Payment Possibly Required) 62 Filed: 11/5/2018, Entered: 11/6/2018 Court Filing
ORDER REGARDING MANDATORY SETTLEMENT CONFERRENCE. Mandatory Settlement Conference ("MSC"), currently set for 11/8/2018, to be reset after a decision is issued on the pending motion for summary judgment. Signed by Magistrate Judge Nita L. Stormes on 11/5/2018.(sjm) (Entered: 11/06/2018)
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Legal Document (Payment Possibly Required) 61 Filed: 10/22/2018, Entered: 10/22/2018
CERTIFICATE OF SERVICE by The Guardian Life Insurance Company of America re 59 Certificate of Service, 58 Sealed Lodged Proposed Document (Nalty, Sean) (acc). (Entered: 10/22/2018)
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Legal Document (Payment Possibly Required) 60 Filed: 10/19/2018, Entered: 10/19/2018
MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Meagan Austin, # 3 Declaration of Brian M. Bannon, # 4 Declaration of Charlotte Broderick, # 5 Declaration of Michael Corcoran, # 6 Exhibit Exhibit 1 (pages 133-146) - Exhibit 7 to Declaration of Michael Corcoran, # 7 Declaration of Kelly Gillespie, # 8 Declaration of Chad Heffelfinger, # 9 Declaration of Sean P. Nalty, # 10 Exhibit Exhibit 14 - Exhibit 21 to Declaration of Sean P. Nalty, # 11 Declaration of Lynn Reinhart, # 12 Declaration of Kimberely Stauder, # 13 Declaration of Melanie Wiltrout)(Nalty, Sean). (jah). (Entered: 10/19/2018)
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Legal Document (Payment Possibly Required) 59 Filed: 10/19/2018, Entered: 10/19/2018
CERTIFICATE OF SERVICE by The Guardian Life Insurance Company of America re 58 Sealed Lodged Proposed Document (Nalty, Sean). Modified on 10/22/2018 - Has s/ of staff. QC Email sent to file Corrected Proof of Service (jah). (Entered: 10/19/2018)
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Legal Document (Payment Possibly Required) 58 Filed: 10/19/2018, Entered: 10/19/2018
** Filed as Sealed Document 65 on 11/13/2018 ** SEALED LODGED Proposed Document re: 57 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Nalty, Sean) (rmc). (Main Document 58 replaced on 11/13/2018) (rmc). Modified on 11/13/2018 to add file date of lodgment (rmc). (Entered: 10/19/2018)
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Legal Document (Payment Possibly Required) 57 Filed: 10/19/2018, Entered: 10/19/2018
MOTION to File Documents Under Seal (With attachments)(Nalty, Sean) (rmc). (Entered: 10/19/2018)
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Legal Document (Payment Possibly Required) 56 Filed: 10/9/2018, Entered: 10/9/2018 Court Filing
ORDER denying without prejudice Defendant's 53 Ex Parte Motion to Provisionally Redact Documents and Brief Pursuant to a Motion for Summary Judgment. Signed by Judge Cynthia Bashant on 10/9/218. (jah) (Entered: 10/09/2018)
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Legal Document (Payment Possibly Required) 55 Filed: 10/5/2018, Entered: 10/5/2018
CERTIFICATE OF SERVICE by The Guardian Life Insurance Company of America re 54 Declaration, 53 MOTION to Provisionally Redact Documents and Brief Pursuant to a Motion for Summary Judgment (Nalty, Sean). (jah). (Entered: 10/05/2018)
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Legal Document (Payment Possibly Required) 54 Filed: 10/5/2018, Entered: 10/5/2018
Amended DECLARATION of Sean P. Nalty re 53 MOTION to Provisionally Redact Documents and Brief Pursuant to a Motion for Summary Judgment by Defendant The Guardian Life Insurance Company of America. (Nalty, Sean). Modified on 10/9/2018 - Edited text (jah). (Entered: 10/05/2018)
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Legal Document (Payment Possibly Required) 53 Filed: 10/5/2018, Entered: 10/5/2018
MOTION to Provisionally Redact Documents and Brief Pursuant to a Motion for Summary Judgment by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty)(Nalty, Sean). Modified on 10/9/2018 - Edited text (jah). (Entered: 10/05/2018)
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Legal Document (Payment Possibly Required) 52 Filed: 8/29/2018, Entered: 8/29/2018 Court Filing
ORDER granting in part Plaintiff's 49 Ex Parte Motion for Extension of Time to Complete Discovery, 50 Ex Parte Motion for Extension of Extend Discovery. Court extends fact discovery by 30 days for the limited purpose of taking the PMK depositions of Defendant and of Ethos Risk Services. Court also grants a small, commensurate extension of the motion filing date. Deadline to complete fact discovery extended to 9/24/2018. Deadline to complete expert discovery extended to 9/24/2018. Deadline to file pretrial motions extended to 10/22/2018. All other dates shall remain as previously set. Signed by Magistrate Judge Nita L. Stormes on 8/29/2018. (jah) (Entered: 08/29/2018)
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Legal Document (Payment Possibly Required) 51 Filed: 8/28/2018, Entered: 8/28/2018
RESPONSE in Opposition re 50 MOTION for Extension of Time to Complete Discovery filed by The Guardian Life Insurance Company of America. (Nalty, Sean). (jah). (Entered: 08/28/2018)
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Legal Document (Payment Possibly Required) 50 Filed: 8/24/2018, Entered: 8/24/2018
MOTION for Extension of Time to Complete Discovery by James Heldt. (Attachments: # 1 Notice, # 2 Declaration, # 3 Proof of Service)(Bagula, Mark). (jah). (Entered: 08/24/2018)
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Legal Document (Payment Possibly Required) 49 Filed: 8/23/2018, Entered: 8/23/2018
MOTION for Extension of Time to Complete Discovery by James Heldt. (Attachments: # 1 Notice, # 2 Declaration of Frank Dennaoui, # 3 Proof of Service)(Bagula, Mark). Modified on 8/24/2018 - Has s/ of atty not associated in case. QC Email sent for Mr. Dennaoui to file Appearance per L.R. 83.3 and G.O. 550. Removed duplicate attachment descriptions (jah). (Entered: 08/23/2018)
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Legal Document (Payment Possibly Required) 48 Filed: 7/27/2018, Entered: 7/27/2018 Court Filing
ORDER Granting Joint Motion to Extend Cutoff for FRCP 26(a)(2) Expert Disclosures (ECF No. 47 ). Signed by Magistrate Judge Nita L. Stormes on 7/27/2018. (jdt) (Entered: 07/27/2018)
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Legal Document (Payment Possibly Required) 47 Filed: 7/23/2018, Entered: 7/23/2018
Joint MOTION for Extension of Time to Complete Discovery by James Heldt. (Attachments: # 1 Proof of Service)(Bagula, Mark). (jah). (Entered: 07/23/2018)
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Legal Document (Payment Possibly Required) 46 Filed: 6/25/2018, Entered: 6/26/2018 Court Filing
ORDER granting 43 Joint Motion for Extension of Cutoff for FRCP 26(a)(2) Expert Disclosures. Court extends the deadline for expert disclosures under FRCP 26(a)(2) to 7/23/2018. Signed by Magistrate Judge Nita L. Stormes on 6/25/2018. (jah) (Entered: 06/26/2018)
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Legal Document (Payment Possibly Required) 45 Filed: 6/22/2018, Entered: 6/22/2018
CERTIFICATE OF SERVICE by James Heldt re 43 Joint MOTION for Extension of Cutoff For FRCP 26(a)(2) Expert Disclosures (Bagula, Mark).Modified on 6/25/2018 - Removed duplicate text (jah). (Entered: 06/22/2018)
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Legal Document (Payment Possibly Required) 44 Filed: 6/22/2018, Entered: 6/22/2018
NOTICE: Proposed Order re 43 Joint Motion to Extension of Cutoff for FRCP 26(a)(2) Expert Disclosures by James Heldt. (Bagula, Mark). Modified on 6/25/2018 - Attached pdf is Proposed Order, not a Motion. QC Email sent to email Proposed Order to Chambers. Motion and judge association termed (jah). (Entered: 06/22/2018)
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Legal Document (Payment Possibly Required) 43 Filed: 6/22/2018, Entered: 6/22/2018
Joint MOTION for Extension of Cutoff for FRCP 26(a)(2) Expert Disclosures by James Heldt. (Bagula, Mark). Modified on 6/25/2018 - Removed duplicate text (jah). (Entered: 06/22/2018)
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Legal Document (Payment Possibly Required) 42 Filed: 4/3/2018, Entered: 4/4/2018 Court Filing
ORDER granting as modified by court 41 Joint Motion for Protective Order for Disclosure of Protected Information. Signed by Magistrate Judge Nita L. Stormes on 4/3/2018. (jah) (Entered: 04/04/2018)
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Legal Document (Payment Possibly Required) 41 Filed: 3/28/2018, Entered: 3/28/2018
Joint MOTION for Protective Order for Disclosure of Protected Information by James Heldt. (Attachments: # 1 Affidavit Proof of Service)(Bagula, Mark) Courtesy QC mail sent re incorrect e-signature, not instructed to re-file (rmc). (Entered: 03/28/2018)
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Legal Document (Payment Possibly Required) 40 Filed: 12/15/2017, Entered: 12/18/2017 Court Filing
SCHEDULING ORDER: Case Management Conference was held on 12/15/2017. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by 2/15/2018. All motions, other than motions to amend or join parties, or motions in limine shall be filed by 9/24/2018. Any Daubert motions shall be filed along with motions for summary judgment unless to motions for summary judgment will be filed, in which case the parties may file Daubert motions along with motions in limine. Mandatory Settlement Conference set for 11/8/2018 02:30 PM before Magistrate Judge Nita L. Stormes Proposed Pretrial Order due by 1/14/2019. Final Pretrial Conference set for 1/28/2019 11:00 AM before Judge Cynthia Bashant. All motions in limine are due by 2/11/2019. All response to the motions in limine are due by 2/25/2019. The parties shall submit by 2/25/2019: 1) joint proposed jury instructions, 2) proposed verdict form, 3) voir dire questions, and 4) statement of the case. Motion In Limine Hearing set for 3/18/2019 10:30 AM before Judge Cynthia Bashant. Jury Trial set for 3/26/2019 09:00 AM before Judge Cynthia Bashant. Signed by Magistrate Judge Nita L. Stormes on 12/15/2017. (jah) (Entered: 12/18/2017)
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Legal Document (Payment Possibly Required) 39 Filed: 12/15/2017, Entered: 12/15/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Case Management Conference held on 12/15/2017. Order to issue.(Plaintiff Attorney Frank Dennaoui). (Defendant Attorney Sean Nalty). (no document attached) (chg) (Entered: 12/15/2017)
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Legal Document (Payment Possibly Required) 38 Filed: 11/27/2017, Entered: 11/28/2017 Court Filing
ORDER Setting Rule 26 Compliance Dates and Telephonic Case Management Conference. Telephonic Case Management Conference set for 12/15/2017 10:30 AM before Magistrate Judge Nita L. Stormes. Rule 26(f) conference must be completed by 12/8/2017. Joint Discovery Plan must be lodged with Magistrate Judge Stormes by 12/13/2017. Signed by Magistrate Judge Nita L. Stormes on 11/27/2017. (jah) (Entered: 11/28/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 11/22/2017, Entered: 11/22/2017
ANSWER to 25 First Amended Complaint, by The Guardian Life Insurance Company of America.(Nalty, Sean). Modified on 11/27/2017 - Text has double wording. Removed extra added text (jah). (Entered: 11/22/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 11/9/2017, Entered: 11/9/2017 Court Filing
ORDER Denying Defendant's 33 Motion to Dismiss. Signed by Judge Cynthia Bashant on 11/8/17. (dlg) (Entered: 11/09/2017)
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Legal Document (Payment Possibly Required) 35 Filed: 7/31/2017, Entered: 7/31/2017
REPLY to Response to Motion re 33 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) filed by The Guardian Life Insurance Company of America. (Nalty, Sean). Modified on 8/1/2017 - Wrong event. Duplicate text added. QC Email sent. Corrected text (jah). (Entered: 07/31/2017)
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Legal Document (Payment Possibly Required) 34 Filed: 7/24/2017, Entered: 7/24/2017
RESPONSE in Opposition re 33 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) filed by James Heldt. (Attachments: # 1 Proof of Service)(Bagula, Mark) Modified on 7/25/2017 - QC mail re: incorrect signature format (lrf). (Entered: 07/24/2017)
  • Attachment 1 RESPONSE in Opposition re 33 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) filed by James Heldt. (Attachments: # 1 Proof of Service)(Bagula, Mark) Modified on 7/25/2017 - QC mail re: incorrect signature format (lrf). (Entered: 07/24/2017)
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Legal Document (Payment Possibly Required) 33 Filed: 6/12/2017, Entered: 6/12/2017
MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Nalty, Sean) (lrf). Modified on 8/1/2017 - Removed duplicative text (jah). (Entered: 06/12/2017)
  • Attachment 1 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Nalty, Sean) (lrf). Modified on 8/1/2017 - Removed duplicative text (jah). (Entered: 06/12/2017)
  • Attachment 2 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Nalty, Sean) (lrf). Modified on 8/1/2017 - Removed duplicative text (jah). (Entered: 06/12/2017)
  • Attachment 3 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Nalty, Sean) (lrf). Modified on 8/1/2017 - Removed duplicative text (jah). (Entered: 06/12/2017)
  • Attachment 4 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Nalty, Sean) (lrf). Modified on 8/1/2017 - Removed duplicative text (jah). (Entered: 06/12/2017)
  • Attachment 5 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Nalty, Sean) (lrf). Modified on 8/1/2017 - Removed duplicative text (jah). (Entered: 06/12/2017)
  • Attachment 6 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(B)(6) by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Nalty, Sean) (lrf). Modified on 8/1/2017 - Removed duplicative text (jah). (Entered: 06/12/2017)
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Legal Document (Payment Possibly Required) 32 Filed: 6/5/2017, Entered: 6/5/2017 Court Filing
ORDER Regarding Subject Matter Jurisdiction. Court ordered the parties to show cause as to why it should not remand Plaintiff's remaining claims to state court re 29 Order to Show Cause. Court concludes it lacks the ability to remand these claims and orders Defendant to respond to Plaintiff's amended pleading. Defendant The Guardian Life Insurance Company of America ordered to answer to Plaintiff's First Amended Complaint by 6/12/2017. Signed by Judge Cynthia Bashant on 6/5/2017. (jah) (Entered: 06/05/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 4/27/2017, Entered: 4/27/2017
OBJECTION by James Heldt re 30 Response to Order to Show Cause, (Attachments: # 1 Proof of Service)(Bagula, Mark). (jah). (Entered: 04/27/2017)
  • Attachment 1 OBJECTION by James Heldt re 30 Response to Order to Show Cause, (Attachments: # 1 Proof of Service)(Bagula, Mark). (jah). (Entered: 04/27/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 4/20/2017, Entered: 4/20/2017
RESPONSE TO ORDER TO SHOW CAUSE by The Guardian Life Insurance Company of America re 29 Order to Show Cause,,. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Declaration of Jamie L. Mineo, # 4 Declaration of Sean P. Nalty, # 5 Exhibit Index of Exhibit to Decl. of Sean P. Nalty, # 6 Exhibit A to Decl. of Sean P. Nalty)(Nalty, Sean). Modified on 4/21/2017 - Edited attachment descriptions (jah). (Entered: 04/20/2017)
  • Attachment 1 RESPONSE TO ORDER TO SHOW CAUSE by The Guardian Life Insurance Company of America re 29 Order to Show Cause,,. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Declaration of Jamie L. Mineo, # 4 Declaration of Sean P. Nalty, # 5 Exhibit Index of Exhibit to Decl. of Sean P. Nalty, # 6 Exhibit A to Decl. of Sean P. Nalty)(Nalty, Sean). Modified on 4/21/2017 - Edited attachment descriptions (jah). (Entered: 04/20/2017)
  • Attachment 2 RESPONSE TO ORDER TO SHOW CAUSE by The Guardian Life Insurance Company of America re 29 Order to Show Cause,,. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Declaration of Jamie L. Mineo, # 4 Declaration of Sean P. Nalty, # 5 Exhibit Index of Exhibit to Decl. of Sean P. Nalty, # 6 Exhibit A to Decl. of Sean P. Nalty)(Nalty, Sean). Modified on 4/21/2017 - Edited attachment descriptions (jah). (Entered: 04/20/2017)
  • Attachment 3 RESPONSE TO ORDER TO SHOW CAUSE by The Guardian Life Insurance Company of America re 29 Order to Show Cause,,. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Declaration of Jamie L. Mineo, # 4 Declaration of Sean P. Nalty, # 5 Exhibit Index of Exhibit to Decl. of Sean P. Nalty, # 6 Exhibit A to Decl. of Sean P. Nalty)(Nalty, Sean). Modified on 4/21/2017 - Edited attachment descriptions (jah). (Entered: 04/20/2017)
  • Attachment 4 RESPONSE TO ORDER TO SHOW CAUSE by The Guardian Life Insurance Company of America re 29 Order to Show Cause,,. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Declaration of Jamie L. Mineo, # 4 Declaration of Sean P. Nalty, # 5 Exhibit Index of Exhibit to Decl. of Sean P. Nalty, # 6 Exhibit A to Decl. of Sean P. Nalty)(Nalty, Sean). Modified on 4/21/2017 - Edited attachment descriptions (jah). (Entered: 04/20/2017)
  • Attachment 5 RESPONSE TO ORDER TO SHOW CAUSE by The Guardian Life Insurance Company of America re 29 Order to Show Cause,,. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Declaration of Jamie L. Mineo, # 4 Declaration of Sean P. Nalty, # 5 Exhibit Index of Exhibit to Decl. of Sean P. Nalty, # 6 Exhibit A to Decl. of Sean P. Nalty)(Nalty, Sean). Modified on 4/21/2017 - Edited attachment descriptions (jah). (Entered: 04/20/2017)
  • Attachment 6 RESPONSE TO ORDER TO SHOW CAUSE by The Guardian Life Insurance Company of America re 29 Order to Show Cause,,. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Declaration of Jamie L. Mineo, # 4 Declaration of Sean P. Nalty, # 5 Exhibit Index of Exhibit to Decl. of Sean P. Nalty, # 6 Exhibit A to Decl. of Sean P. Nalty)(Nalty, Sean). Modified on 4/21/2017 - Edited attachment descriptions (jah). (Entered: 04/20/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 4/11/2017, Entered: 4/12/2017 Court Filing
ORDER TO SHOW CAUSE. Court orders the parties to show cause as to why Court should not remand Plaintiff's remaining claims to state court. Order to Show Cause Response due by 4/21/2017, and shall not exceed ten (10) pages. Court stays the period for Defendant to file a response to Plaintiff's First Amended Complaint. In the event Plaintiff's remaining claims are not remanded, Court will lift the stay and provide Defendant will a new deadline to file response. Signed by Judge Cynthia Bashant on 4/11/2017. (jah) (Entered: 04/12/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 4/6/2017, Entered: 4/6/2017 Court Filing
ORDER granting 27 Joint Motion for Extension of Time to Answer re 25 First Amended Complaint. Defendant The Guardian Life Insurance Company of America shall file answer to the First Amended Complaint by 4/14/2017. Signed by Judge Cynthia Bashant on 4/6/2017. (jah) (Entered: 04/06/2017)
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Legal Document (Payment Possibly Required) 27 Filed: 4/6/2017, Entered: 4/6/2017
Joint MOTION for Extension of Time to File Answer re 25 Amended Complaint, by The Guardian Life Insurance Company of America. (Nalty, Sean). Modified on 4/6/2017 - Removed duplicate text (jah). (Entered: 04/06/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 3/27/2017, Entered: 3/27/2017
CORRECTED CERTIFICATE OF SERVICE by James Heldt re 25 First Amended Complaint, (Bagula, Mark). Modified on 3/28/2017 - Edited text (jah). (Entered: 03/27/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 3/24/2017, Entered: 3/24/2017
FIRST AMENDED COMPLAINT with Jury Demand against The Guardian Life Insurance Company of America, filed by James Heldt. (Bagula, Mark). Modified on 3/27/2017 - Proof of Service has s/ of staff. QC Email sent to file Corrected Proof of Service. Edited text (jah). (Entered: 03/24/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 3/13/2017, Entered: 3/14/2017 Court Filing
ORDER granting 15 Defendant's Motion to Dismiss; denying 16 Plaintiff's Motion to Remand. If Plaintiff chooses to file a First Amended Complaint, he must do so no later than 4/3/2017. Signed by Judge Cynthia Bashant on 3/13/2017. (acc) (sjt). (Entered: 03/14/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 8/23/2016, Entered: 8/23/2016
NOTICE of Change of Address by Rada Feldman (Feldman, Rada) (acc). (Entered: 08/23/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 8/1/2016, Entered: 8/1/2016
REPLY to Response to Motion re 16 MOTION to Remand to State Court filed by James Heldt. (Feldman, Rada). (jah). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 7/22/2016, Entered: 7/22/2016
REPLY to Response to Motion re 15 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief filed by The Guardian Life Insurance Company of America. (Nalty, Sean). (jah). (Entered: 07/22/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 7/22/2016, Entered: 7/22/2016
RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice, # 10 Exhibit Index of Exhibits to Request for Judicial Notice, # 11 Exhibit A to Request for Judicial Notice, # 12 Exhibit B to Request for Judicial Notice, # 13 Exhibit C to Request for Judicial Notice, # 14 Exhibit D to Request for Judicial Notice, # 15 Exhibit E to Request for Judicial Notice, # 16 Exhibit F to Request for Judicial Notice)(Nalty, Sean). Modified on 7/25/2016 - Removed duplicative attachment description text (jah). (Entered: 07/22/2016)
  • Attachment 1 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 2 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 3 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 4 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 5 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 6 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 7 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 8 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 9 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 10 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 11 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 12 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 13 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 14 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 15 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
  • Attachment 16 RESPONSE in Opposition re 16 MOTION to Remand to State Court filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration of Sean P. Nalty, # 2 Exhibit Index of Exhibits to Decl. of Sean P. Nalty, # 3 Exhibit A to Decl. of Sean P. Nalty, # 4 Exhibit B to Decl. of Sean P. Nalty, # 5 Exhibit C to Decl. of Sean P. Nalty, # 6 Exhibit D to Decl. of Sean P. Nalty, # 7 Exhibit E to Decl. of Sean P. Nalty, # 8 Exhibit F to Decl. of Sean P. Nalty, # 9 Request for Judicial Notice
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Legal Document (Payment Possibly Required) 19 Filed: 7/18/2016, Entered: 7/18/2016
RESPONSE in Opposition re 15 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief filed by James Heldt. (Attachments: # 1 Proof of Service)(Feldman, Rada). (jah). (Entered: 07/18/2016)
  • Attachment 1 RESPONSE in Opposition re 15 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief filed by James Heldt. (Attachments: # 1 Proof of Service)(Feldman, Rada). (jah). (Entered: 07/18/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 7/6/2016, Entered: 7/6/2016 Court Filing
In light of the motion to remand being filed, the court vacates the status conference set for July 8, 2016. If the motion to remand is denied, counsel must contact chambers within three days of the order denying the motion to set further dates. Signed by Magistrate Judge Nita L. Stormes on 7/6/16.(no document attached) (ecp) (Entered: 07/06/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 7/5/2016, Entered: 7/5/2016
CERTIFICATE OF SERVICE by James Heldt re 16 MOTION to Remand to State Court (Feldman, Rada). (jah). (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 7/5/2016, Entered: 7/5/2016
MOTION to Remand to State Court by James Heldt. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(Feldman, Rada). (jah). (Entered: 07/05/2016)
  • Attachment 1 MOTION to Remand to State Court by James Heldt. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(Feldman, Rada). (jah). (Entered: 07/05/2016)
  • Attachment 2 MOTION to Remand to State Court by James Heldt. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(Feldman, Rada). (jah). (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 7/5/2016, Entered: 7/5/2016
MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl. of Chad Heffelfinger (Part 2 of 2), # 8 Exhibit 3 to Decl. of Chad Heffelfinger)(Nalty, Sean). Modified on 7/6/2016 - Removed duplicate attachment descriptions (jah). Modified on 3/14/2017 (acc). (Entered: 07/05/2016)
  • Attachment 1 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl
  • Attachment 2 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl
  • Attachment 3 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl
  • Attachment 4 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl
  • Attachment 5 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl
  • Attachment 6 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl
  • Attachment 7 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl
  • Attachment 8 MOTION to Confirm the Application of ERISA to this Matter and Dismiss Plaintiffs Pre-Empted Claims for Relief by The Guardian Life Insurance Company of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Chad Heffelfinger, # 3 Index of Exhibits to Decl. of Chad Heffelfinger, # 4 Exhibit 1 to Decl. of Chad Heffelfinger (Part 1 of 2), # 5 Exhibit 1 to Decl. of Chad Heffelfinger (Part 2 of 2), # 6 Exhibit 2 to Decl. of Chad Heffelfinger (Part 1 of 2), # 7 Exhibit 2 to Decl
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Legal Document (Payment Possibly Required) 14 Filed: 6/22/2016, Entered: 6/22/2016
CERTIFICATE OF SERVICE re Notice to State Court and Adverse Parties of Removal of Action to Federal Court by The Guardian Life Insurance Company of America (Nalty, Sean). (jah). (Entered: 06/22/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 6/1/2016, Entered: 6/3/2016 Court Filing
Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Early Neutral Evaluation Conference held on 6/1/2016. Case did not settle. Telephonic Status Conference set for 7/8/2016 at 10:00 AM before Magistrate Judge Nita L. Stormes. Plaintiff's counsel must arrange conference call. (Plaintiff Attorney Mark Bagula, Rada Feldman). (Defendant Attorney Sean Nalty). (no document attached) (ecp) (Entered: 06/03/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 5/13/2016, Entered: 5/13/2016 Court Filing
ORDER granting in part and denying in part 11 Joint Motion to Continue the Early Neutral Evaluation. Court finds good cause to convert the 6/1/2016 ENE to a telephonic conference with counsel only. Signed by Magistrate Judge Nita L. Stormes on 5/13/2016. (jah) (Entered: 05/13/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 5/12/2016, Entered: 5/12/2016
Joint MOTION to Continue the Early Neutral Evaluation Hearing by The Guardian Life Insurance Company of America. (Nalty, Sean). Modified on 5/13/2016 - Edited text jah). (Entered: 05/12/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 5/11/2016, Entered: 5/11/2016
NOTICE of Intent to File Motion to Remand to State Court by James Heldt (Feldman, Rada). Modified on 5/11/2016 - Extra text added in all caps. QC Email sent. Corrected text (jah). (Entered: 05/11/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 5/4/2016, Entered: 5/4/2016 Court Filing
NOTICE AND ORDER Setting Early Neutral Evaluation Conference. Early Neutral Evaluation set for 6/1/2016 02:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 5/4/2016. (jah) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 5/3/2016, Entered: 5/3/2016
ANSWER to Complaint by The Guardian Life Insurance Company of America.(Nalty, Sean). Modified on 5/3/2016 - Docket text has double wording. QC Email sent. Removed duplicate text (jah). (Entered: 05/03/2016)
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Legal Document (Payment Possibly Required) 7 Filed: 4/19/2016, Entered: 4/19/2016 Court Filing
ORDER granting 6 Joint Motion for Extension of Time to Answer to the Complaint re 1 Notice of Removal. Defendant The Guardian Life Insurance Company of America shall file answer to Plaintiff's Complaint by 5/3/2016. Signed by Judge Cynthia Bashant on 4/19/2016. (jah) (Entered: 04/19/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 4/19/2016, Entered: 4/19/2016
Joint MOTION for Extension of Time to File Answer by The Guardian Life Insurance Company of America. (Nalty, Sean). Modified on 4/19/2016 - Removed duplicate text (jah). (Entered: 04/19/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 4/15/2016, Entered: 4/15/2016
CERTIFICATE OF SERVICE by The Guardian Life Insurance Company of America Certificate of Service of Notice to State Court and Adverse Parties of Removal of Action to the United States District Court by Defendant (Nalty, Sean) (rlu). (Entered: 04/15/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 4/15/2016, Entered: 4/15/2016
NOTICE of Appearance of Counsel by Shivani Nanda on behalf of The Guardian Life Insurance Company of America (Nanda, Shivani)Attorney Shivani Nanda added to party The Guardian Life Insurance Company of America(pty:dft) qc email re pos should have been filed as an attachment to this entry on 4/18/2016 (rlu). (Entered: 04/15/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 4/13/2016, Entered: 4/13/2016
CERTIFICATE OF SERVICE by The Guardian Life Insurance Company of America re 2 Corporate Disclosure Statement, 1 Notice of Removal (Nalty, Sean). Modified on 4/14/2016 - Removed duplicate text (jah). (Entered: 04/13/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 4/13/2016, Entered: 4/13/2016
Corporate Disclosure Statement by The Guardian Life Insurance Company of America identifying Corporate Parent The Guardian Life Insurance Company of America for The Guardian Life Insurance Company of America.. (Nalty, Sean). (jah). (Entered: 04/13/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 4/12/2016, Entered: 4/12/2016 Court Filing
NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2016-00008730-CU-8C-CTL. ( Filing fee $ 400 receipt number 0974-8966722.), filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Cover Sheet, # 2 Exhibit A: Superior Court Complaint, # 3 Declaration Michael Corcoran, # 4 Declaration Part 2)The new case number is 3:16-cv-885-BAS-NLS. Judge Cynthia Bashant and Magistrate Judge Nita L. Stormes are assigned to the case.(acc) (jao). (Entered: 04/12/2016)
  • Attachment 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2016-00008730-CU-8C-CTL. ( Filing fee $ 400 receipt number 0974-8966722.), filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Cover Sheet, # 2 Exhibit A: Superior Court Complaint, # 3 Declaration Michael Corcoran, # 4 Declaration Part 2)The new case number is 3:16-cv-885-BAS-NLS. Judge Cynthia Bashant and Magistrate Judge Nita L. Stormes are assigned to the case.(acc)
  • Attachment 2 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2016-00008730-CU-8C-CTL. ( Filing fee $ 400 receipt number 0974-8966722.), filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Cover Sheet, # 2 Exhibit A: Superior Court Complaint, # 3 Declaration Michael Corcoran, # 4 Declaration Part 2)The new case number is 3:16-cv-885-BAS-NLS. Judge Cynthia Bashant and Magistrate Judge Nita L. Stormes are assigned to the case.(acc)
  • Attachment 3 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2016-00008730-CU-8C-CTL. ( Filing fee $ 400 receipt number 0974-8966722.), filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Cover Sheet, # 2 Exhibit A: Superior Court Complaint, # 3 Declaration Michael Corcoran, # 4 Declaration Part 2)The new case number is 3:16-cv-885-BAS-NLS. Judge Cynthia Bashant and Magistrate Judge Nita L. Stormes are assigned to the case.(acc)
  • Attachment 4 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2016-00008730-CU-8C-CTL. ( Filing fee $ 400 receipt number 0974-8966722.), filed by The Guardian Life Insurance Company of America. (Attachments: # 1 Cover Sheet, # 2 Exhibit A: Superior Court Complaint, # 3 Declaration Michael Corcoran, # 4 Declaration Part 2)The new case number is 3:16-cv-885-BAS-NLS. Judge Cynthia Bashant and Magistrate Judge Nita L. Stormes are assigned to the case.(acc)
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