Supplemental Record on Appeal transmitted to US Court of Appeals re 171 Notice of Appeal Documents included: ECF nos. 175 and 176 (Paine, Matthew) (Entered: 11/02/2015)
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 171 Notice of Appeal. (Paine, Matthew) (Entered: 10/20/2015)
NOTICE OF APPEAL as to 99 Order on Motion to Dismiss for Failure to State a Claim, 137 Memorandum & ORDER,, 169 Memorandum & ORDER, 57 Memorandum & ORDER,, 170 Judgment, 98 Order on Motion to Dismiss for Failure to State a Claim by Barbara Newman NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 11/5/2015. (Maynard, Timothy) (Entered: 10/16/2015)
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - the Defendants' motion for judgment on the administrative, D. 161, record is ALLOWED. (Hourihan, Lisa) (Entered: 09/16/2015)
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 09/11/2015)
Transcript of Motion Hearing held on August 17, 2015, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/2/2015. Redacted Transcript Deadline set for 10/12/2015. Release of Transcript Restriction set for 12/10/2015. (Scalfani, Deborah) (Main Document 167 replaced on 9/15/2015) (Scalfani, Deborah). (Entered: 09/11/2015)
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 8/17/2015 re 161 MOTION for Judgment as a Matter of Law (Motion for Judgment on the Administrative Record) filed by Lehman Brothers Holdings Inc, Group Benefits Plans, Metropolitan Life Insurance Company. Arguments. Court takes under advisement 161 MOTION for Judgment as a Matter of Law (Motion for Judgment on the Administrative Record). (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: William Pandolph for Metropolitan Life Insurance Company, Barbara Newman (pro-se)) (Maynard, Timothy) (Entered: 08/17/2015)
REPLY to Response to 161 MOTION for Judgment as a Matter of Law (Motion for Judgment on the Administrative Record) filed by Lehman Brothers Holdings Inc, Group Benefits Plans, Metropolitan Life Insurance Company(Boston Office). (Attachments: # 1 June 4, 2014 Email)(Pandolph, William) (Entered: 07/27/2015)
ELECTRONIC NOTICE Setting Hearing on Motion 161 MOTION for Judgment as a Matter of Law (Motion for Judgment on the Administrative Record) : Motion Hearing set for 8/17/2015 11:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 07/27/2015)
Opposition re 161 MOTION for Judgment as a Matter of Law (Motion for Judgment on the Administrative Record) filed by Barbara Newman. (Attachments: # 1 Memorandum in Support)(Maynard, Timothy) (Entered: 07/16/2015)
MEMORANDUM in Support re 161 MOTION for Judgment as a Matter of Law (Motion for Judgment on the Administrative Record) filed by Lehman Brothers Holdings Inc, Group Benefits Plans, Metropolitan Life Insurance Company(Boston Office). (Pandolph, William) (Entered: 07/01/2015)
MOTION for Judgment as a Matter of Law (Motion for Judgment on the Administrative Record) by Lehman Brothers Holdings Inc, Group Benefits Plans, Metropolitan Life Insurance Company(Boston Office).(Pandolph, William) (Entered: 07/01/2015)
Judge Denise J. Casper: ELECTRONIC ORDER entered denying 159 Motion for Leave to File Document. Plaintiff Barbara Newman has moved for leave to file a motion for a 120 day extension to the deadline for filing a notice of appeal. D. 159. During that time, Newman intends to retain counsel to enable her to appeal this Court's order dismissing all claims except her ERISA claim against all defendants except Metropolitan and the Plan, D. 137. Newman also seeks to appeal the Court's denial of her motion to reconsider the order of dismissal, D. 151. The Court DENIES Newman's motion.No final judgment as to any claim or party as entered in this proceeding. The Court declined to enter judgment on the dismissed claims pursuant to Fed. R. Civ. P. 54(b). D. 154. "[T]here is a long-settled and prudential policy against the scattershot disposition of litigation." Spiegel v. Tr. of Tufts Coll., 843 F.2d 38, 42 (1st Cir. 1988). Rule 54(b) does not serve to "encourage broadly piecemeal appeals just because an appellant may be in a hurry." Id. As Rule 54(b) states, the Court "may direct the entry of a final judgment as to one or more, but fewer than all, the claims or parties only if the court expressly determines that there is no just reason for delay." Fed. R. Civ. P. 54(b). Newman has not demonstrated "a pressing, exceptional need for immediate appellate intervention, or grave injustice of the sort remediable only by allowing an appeal to be taken forthwith." Spiegel, 843 F.2d at 45. Absent a compelling reason to pursue an appeal in a fragmentary fashion, the Court DENIES Newman's motion for more time to pursue such an appeal. (Hourihan, Lisa) (Entered: 06/22/2015)
Judge Denise J. Casper: ELECTRONIC ORDER entered re: 156 Motion for Leave to File Document. Plaintiff Barbara Newman has filed a request for leave to file a motion (1) to modify the administrative record; (2) for supplemental discovery; (3) and for a revised scheduling order granting an extension to the deadline for filing her motion for summary judgment. D. 156. Defendants oppose Newman's motion. D. 157. The Court DENIES Newman's motion. Pursuant to the parties' joint scheduling statement adopted by the Court on 2/12/15, D. 141, 142, Newman was required to propose alterations to the administrative record by 3/27/15, to move to conduct any discovery by 5/1/15, and to file her motion for summary judgment on the administrative record by 6/1/15. She has not abided by any of these deadlines despite the Court's admonitions of 2/12/15 and 5/5/15 that it anticipated no further continuances of the deadlines previously set. Moreover, although Newman argues that she was not provided a copy of the administrative record in a timely fashion, the record indicates that Newman's prior counsel received copies on 3/12/15 and 4/10/15 and that Newman's counsel informed her of the filing of the administrative record by 5/8/15. Under these circumstances and the 6/1/15 filing deadline having passed, the Court will not further extend the deadline for Newman to file a motion for summary judgment. The defendants have indicated that they will move for summary judgment by 7/1/15, D. 151, and Newman may file a response to that motion. Her response is limited to 20 pages, double-spaced, and may not seek to augment the administrative record, D. 155. (Hourihan, Lisa) (Entered: 06/04/2015)
Opposition re 156 MOTION for Leave to File filed by Lehman Brothers Holdings Inc, Group Benefits Plans, Metropolitan Life Insurance Company(Boston Office). (Attachments: # 1 February 11, 2015 Email to Plaintiff's Counsel, # 2 May 6, 2015 Email with Plaintiff, # 3 May 7, 2015 Letter to Plaintiff with Delivery Notification)(Pandolph, William) (Entered: 06/03/2015)
Judge Denise J. Casper: ELECTRONIC ORDER entered re: 148 Motion for Sanctions. Defendant Lehman Brothers Holding, Inc. Group Benefits Plan's motion for sanctions is DENIED in PART. Denied as to sanctions sought against Plaintiff, but ALLOWED to the extent that the Court has imposed certain, reasonable limitations on Plaintiff's conduct in the continued prosecution of this matter. The Court notes that Plaintff's failure to comply with the rules it has imposed today will likely lead to sanctions including, but not limited to dismissal of this action. (Hourihan, Lisa) (Entered: 05/05/2015)
Judge Denise J. Casper: ELECTRONIC ORDER entered re: 144 Motion to Discharge Counsel; re: 147 Motion to Withdraw as Attorney. Although the Court had previously denied Plaintiff's counsel's motion to withdraw without prejudice, D. 132, the renewed motion to do so, D. 147, comes on the heels of Plaintiff's request to proceed pro se (instead of, presumably, retaining new counsel). Since Plaintiff has a right to proceed pro se, the Court ALLOWS D. 147, counsel's motion to withdraw (and, having done so, DENIES as moot Plaintiff's motion to discharge counsel, D. 144).Although Plaintiff may proceed pro se, she must do so in compliance with the Federal Rules of Civil Procedure, the Local Rules of this Court, the deadlines set by this Court and any other orders of this Court. On the record in this case to date, the Court concludes that it is necessary and prudent to impose certain limitations on any pro se filings that Plaintiff makes in this case or attempts to serve on counsel to ensure that this case proceeds in an orderly and just manner. Accordingly, Plaintiff may not file (or serve on the Defendants) any papers, documents, motions, notices or any other materials in this case without first receiving leave of this Court to do so. Any filing by Plaintiff that does not comply with this Order shall not be accepted by the Clerk's Office or, alternatively, will be struck from the docket. Accordingly, any filing by Plaintiff must contain on the first page when the Court granted such leave to file and must cite the docket entry by which such relief was granted. Given the status of this matter in which the Court has ruled that the only remaining claim to be litigated in this case is the Plaintiff's ERISA claim against Met Life and the Plan, the Court does not anticipate giving Plaintiff leave to file any papers that are unrelated to this claim. If Defendants receive any communications from Plaintiff in regard to this case, no response by Defendants is required unless Defendants are directed to respond by the Court.The scheduling order previously adopted by the Court in February 12, 2015, D. 142, remains in effect and Plaintiff shall comply with the June 1, 2015 deadline for filing a motion for judgment on the administrative record. As to this motion (and supporting memorandum) filing, and this filing only, Plaintiff may indicate that the Court granted her leave to file her motion for judgment on this date, May 5, 2015, and may cite to this docket entry on the first page of the motion (and supporting memorandum). The motion shall not exceed 4 pages and the supporting memorandum may not exceed 20 pages, double-spaced. The Court does not anticipate any further continuances of the deadlines set in D. 142. (Hourihan, Lisa) (Entered: 05/05/2015)
EXHIBITS re 143 MOTION for Reconsideration re 137 Memorandum & ORDER, filed by Barbara Newman by Barbara Newman. (Attachments: # 1 Exhibit) (Maynard, Timothy) (Entered: 05/04/2015)
Opposition re 147 MOTION to Withdraw as Attorney filed by Lehman Brothers Holdings Inc, Group Benefits Plans, Metropolitan Life Insurance Company(New York Office). (Pandolph, William) (Entered: 04/10/2015)
MOTION for Entry of Judgment under Rule 54(b) by Joseph V. Amato, Karen Coviello, William Fox, Andrew Komaroff, Neuberger Berman Group, LLC., Neuberger Berman Inc., Neuberger Berman LLC, Neuberger Berman Management, Inc., Neuberger Berman Management, LLC, Carol Rado, Wendy Uvino.(Robinson, David) (Entered: 03/09/2015)
Opposition re 143 MOTION for Reconsideration re 137 Memorandum & ORDER,,, 144 MOTION discharge Jacob Simon as plaintiff's attorney filed by Joseph V. Amato, Karen Coviello, William Fox, Andrew Komaroff, Neuberger Berman Group, LLC., Neuberger Berman Inc., Neuberger Berman LLC, Neuberger Berman Management, Inc., Neuberger Berman Management, LLC, Carol Rado, Wendy Uvino. (Robinson, David) (Entered: 03/09/2015)
MOTION for Reconsideration re 137 Memorandum & ORDER, and emergency extension until 2/23/15 by Barbara Newman. (Attachments: # 1 Affidavit, # 2 Exhibit)(Flaherty, Elaine) Modified on 2/25/2015 (Flaherty, Elaine). (Entered: 02/25/2015)
ELECTRONIC ENDORSEMENT re 141 JOINT STATEMENT re scheduling conference. The Court adopts the dates outlined in D. 141. The Court does not anticipate an extension of these dates. (Hourihan, Lisa) (Entered: 02/12/2015)
ANSWER to 103 Second Amended Complaint, by Metropolitan Life Insurance Company(Boston Office).(Pandolph, William) Modified on 2/5/2015 (Maynard, Timothy). (Entered: 02/04/2015)
Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the Court's ruling today on the MTD, D. 137, and in light of the parties' earlier joint scheduling statement, D. 46 (and Exhs. A & B), the Court orders as follows. The Court orders counsel for the remaining parties to confer about whether they seek to file any addendum to the previously filed joint statement regarding the schedule for the remainder of this case (Ct. II, the ERISA claim against MetLife and the Plan). On or before February 11, 2015, the parties shall file such supplemental joint statement proposing scheduling dates or a notice that the parties would prefer the Court to consider the proposals previously submitted in D. 46. (Hourihan, Lisa) (Entered: 01/22/2015)
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - the Court ALLOWS the LBHI Defendants and Metlife's motions to dismiss, D. 107, 111. The SOX and equitable relief claims (Counts I and III) are dismissed as to all defendants. As noted in footnote 6, Newman's claims against LBI are stayed. The ERISA claim (Count II) is dismissed as to all defendants other than the Plan and Metlife. The Plan and Metlife must file their answers to the ERISA claim by no later than February 4, 2015. (Hourihan, Lisa) (Entered: 01/22/2015)
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 12/09/2014)
Transcript of Motion Hearing held on November 5, 2014, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 12/30/2014. Redacted Transcript Deadline set for 1/9/2015. Release of Transcript Restriction set for 3/9/2015. (Scalfani, Deborah) (Entered: 12/09/2014)
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 11/5/2014 re 111 MOTION to Dismiss Count III filed by Metropolitan Life Insurance Company, 107 MOTION to Dismiss SECOND AMENDED COMPLAINT filed by Neuberger Berman LLC, Joseph V. Amato, Neuberger Berman Group, LLC., Lehman Brothers Holdings Inc, Group Benefits Plans, Karen Coviello, Neuberger Berman Management, LLC, Fox J. William, Carol Rado, Neuberger Berman Management, Inc., Neuberger Berman Inc., Wendy Uvino, Andrew Komaroff. Arguments. Court takes under advisement 107 Motion to Dismiss; takes under advisement 111 Motion to Dismiss; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Jacob Simon for the plaintiff. William Pandolph and Christopher Litterio for the defendants.) (Hourihan, Lisa) (Entered: 11/07/2014)
Judge Denise J. Casper: ELECTRONIC ORDER entered denying 128 Motion to Withdraw as Attorney without prejudice. The Court does not anticipate granting such motion unless any withdrawal by counsel is conditioned on the substitution of successor counsel within 14 days on any proposed withdrawal. The case shall continue. The previous Order that plaintiff is prohibited from contacting the defendants and their counsel, except through her attorney, remains in full effect. (Hourihan, Lisa) (Entered: 10/31/2014)
Opposition re 128 MOTION to Withdraw as Attorney filed by Joseph V. Amato, Karen Coviello, William Fox, Andrew Komaroff, Lehman Brothers Holdings Inc, Group Benefits Plans, Neuberger Berman Group, LLC., Neuberger Berman Inc., Neuberger Berman LLC, Neuberger Berman Management, Inc., Neuberger Berman Management, LLC, Carol Rado, Wendy Uvino. (Robinson, David) (Entered: 10/29/2014)
Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court is aware of the pending motion to withdraw by counsel for the plaintiff, D. 128. The Court intends to proceed with the hearing on the pending motion to dismiss on 11/5/14.(Hourihan, Lisa) (Entered: 10/27/2014)
Judge Denise J. Casper: ELECTRONIC ORDER entered re 128 MOTION to Withdraw as Attorney filed by Barbara Newman. If the defendants intend to file an opposition to the motion to withdraw, D. 128, they should do so by the close of business on 10/29/14.(Hourihan, Lisa) (Entered: 10/27/2014)
ELECTRONIC NOTICE Setting Hearing on Motion 107 MOTION to Dismiss SECOND AMENDED COMPLAINT, 111 MOTION to Dismiss Count III : Motion Hearing set for 11/5/2014 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 09/25/2014)
SUMMONS Returned Executed Karen Coviello served on 8/22/2014, answer due 9/12/2014; Neuberger Berman Management, LLC served on 8/21/2014, answer due 9/11/2014; Carol Rado served on 8/22/2014, answer due 9/12/2014; Wendy Uvino served on 8/21/2014, answer due 9/11/2014. (Maynard, Timothy) (Entered: 09/11/2014)
Summons Issued as to Karen Coviello, Scott Friedheim, Neuberger Berman Inc., Neuberger Berman Management, LLC, Carol Rado, Wendy Uvino. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Maynard, Timothy) (Entered: 08/19/2014)
MEMORANDUM in Opposition re 111 MOTION to Dismiss Count III, 107 MOTION to Dismiss SECOND AMENDED COMPLAINT filed by Barbara Newman. (Simon, Jacob) (Entered: 06/23/2014)
MOTION for Extension of Time to June 19, 2014 to File Response/Reply as to 111 MOTION to Dismiss Count III by Barbara Newman.(Simon, Jacob) (Entered: 06/09/2014)
MOTION for Extension of Time to June 19, 2014 to File Response/Reply as to 107 MOTION to Dismiss SECOND AMENDED COMPLAINT by Barbara Newman.(Simon, Jacob) (Entered: 06/09/2014)
MEMORANDUM in Support re 107 MOTION to Dismiss SECOND AMENDED COMPLAINT filed by Joseph V. Amato, Karen Coviello, Andrew Komaroff, Lehman Brothers Holdings Inc, Group Benefits Plans, Neuberger Berman Group, LLC., Neuberger Berman Inc., Neuberger Berman LLC, Neuberger Berman Management, Inc., Neuberger Berman Management, LLC, Carol Rado, Wendy Uvino, Fox J. William. (Attachments: # 1 Exhibit A)(Litterio, Christopher) (Entered: 05/22/2014)
MOTION to Dismiss SECOND AMENDED COMPLAINT by Joseph V. Amato, Karen Coviello, Andrew Komaroff, Lehman Brothers Holdings Inc, Group Benefits Plans, Neuberger Berman Group, LLC., Neuberger Berman Inc., Neuberger Berman LLC, Neuberger Berman Management, Inc., Neuberger Berman Management, LLC, Carol Rado, Wendy Uvino, Fox J. William.(Litterio, Christopher) (Entered: 05/22/2014)
NOTICE of Appearance by Christopher P. Litterio on behalf of Joseph V. Amato, Karen Coviello, Andrew Komaroff, Lehman Brothers Holdings Inc, Group Benefits Plans, Neuberger Berman Group, LLC., Neuberger Berman Inc., Neuberger Berman LLC, Neuberger Berman Management, Inc., Neuberger Berman Management, LLC, Carol Rado, Wendy Uvino, Fox J. William (Litterio, Christopher) (Entered: 05/22/2014)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 104 Motion for Extension of Time to Answer re 103 Amended Complaint. Metropolitan Life Insurance Company answer due 5/22/2014. (Hourihan, Lisa) (Entered: 05/09/2014)
Assented to MOTION for Extension of Time to May 22, 2014 to File Answer by Metropolitan Life Insurance Company(New York Office).(Pandolph, William) (Entered: 05/08/2014)
AMENDED COMPLAINT against William Fox, Andrew Komaroff, James W Giddens, Joseph V. Amato, Metropolitan Life Insurance Company(New York Office), Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers, Inc., Metropolitan Life Insurance Company(Boston Office), Fox J. William, Thomas A. Russo, Lehman Brothers Group Life Insuance Plan, Ian Lowitt, Lehman Brothers Short Term Disability Plan, Neuberger Berman Holdings, LLC, Carol Rado, Does 1-10, Wendy Uvino, Neuberger Berman LLC, Neuberger Berman Management, Inc., Lehman Brothers Long Term Disability Plan, Karen Coviello, Neuberger Berman Group, LLC., Richard S. Fuld Jr., Lehman Brothers Supplemental Insurance Contributory LTD Plan, filed by Barbara Newman.(Simon, Jacob) (Entered: 04/24/2014)
Opposition re 101 Second MOTION for Extension of Time to April 23, 2014 to Time To Comply With Order of March 5th filed by Lehman Brothers Group Life Insuance Plan, Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Holdings Inc., Lehman Brothers Long Term Disability Plan, Lehman Brothers Short Term Disability Plan, Lehman Brothers Supplemental Insurance Contributory LTD Plan. (Robinson, David) (Entered: 04/11/2014)
Second MOTION for Extension of Time to April 23, 2014 to Time To Comply With Order of March 5th by Barbara Newman. (Attachments: # 1 Exhibit Certificate Pursuant to Local Rule 7.1(a)(2))(Simon, Jacob) (Entered: 04/09/2014)
MOTION for Extension of Time to April 9, 2014 to Extend Time To Comply With Order of March 5th by Barbara Newman. (Attachments: # 1 Exhibit Certification)(Simon, Jacob) (Entered: 03/26/2014)
Judge Denise J. Casper: ORDER entered granting 71 Motion to Dismiss for Failure to State a Claim. See discussion in D. 98. (Hourihan, Lisa) (Entered: 03/05/2014)
Judge Denise J. Casper: ORDER entered granting in part 77 Motion to Dismiss for Failure to State a Claim. Defendants Metropolitan Life Ins. Co. ("MetLife") and two groups of defendants that the Court previously identified as the "Plan Defendants" and the "Neuberger Berman Defendants," D. 57 at 4 (collectively the "LBHI Defendants," see D. 77 at 1 n.1), have moved to dismiss Plaintiff Barbara Newman ("Newman")'s amended complaint. All defendants seek dismissal of Newman's claim under § 506 of the Sarbanes-Oxley Act (the "SOX claim"). MetLife separately seeks dismissal of any other claim outside the scope of the Court's grant of leave to amend. D. 72 at 12. The LBHI Defendants also move for a more definite statement of Newman's claims pursuant to Fed. R. Civ. P. 12(e).The Court previously dismissed all of Newman's claims except her claim under § 502(a)(1)(B) of the Employment Retirement Income Security Act ("ERISA"), which Newman could assert against the MetLife and Plan Defendants, and granted Newman leave to amend her complaint to add the SOX claim. D. 57 at 18-19. To the extent Newman's amended complaint asserts other claims, they are outside the scope of the Court's grant of leave to amend. Newman does not contend otherwise in her opposition to the pending motions. Accordingly, any such claims are STRICKEN. See Williams v. Equity Holding Corp., 245 F.R.D. 240, 245 (E.D. Va. 2007) (granting motion to strike claims "outside the scope given by this court to amend their amended complaint"); Click Corp. of Am. v. Redco Foods, Inc., 424 F. Supp. 2d 753, 764 (D.N.J. 2006) (dismissing claims on same ground).The LBHI Defendants argue that Newman failed to exhaust her administrative remedies because her administrative complaint was time-barred. D. 78 at 6. During the relevant time, the applicable statute provided that "[a] person who alleges discharge or other discrimination by any person in violation of [SOX]" must file a complaint with the Secretary of Labor not later than 90 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation." 18 U.S.C. § 1514A(1), (2)(D). The limitations period accrues "when the plaintiff learns of the 'actual injury,' i.e., an adverse employment action, and not when the plaintiff suspects a 'legal wrong,' i.e., that the employer acted with a discriminatory intent." Coppinger-Martin v. Solis, 627 F.3d 745, 749 (9th Cir. 2010) (citations omitted). Here, Newman alleges that she filed her administrative complaint with the Department of Labor on July 23, 2008. D. 67 ¶ 13. In the amended complaint, Newman asserts that she was terminated ninety days earlier, on April 24, 2008. D. 67 at 16. The LBHI Defendants argue that this date is inconsistent with her administrative complaint and that judicial estoppel should bar Newman from asserting that she learned of an adverse employment action on a date later than March 17, 2008, when she was denied access to benefits. D. 78 at 6 & n.9. First, judicial estoppel would require Newman to have been successful in previously asserting that she learned of an adverse employment action on March 17, 2008, New Hampshire v. Maine, 532 U.S 742, 750-51 (2001), and therefore does not apply here. Second, where Newman has been pro se, the Court is not inclined to bar her from amending this claim given her plausible allegations. Accordingly, on this record, the Court does not find that Newman's administrative complaint is time-barred.MetLife is correct, however, that Newman failed to exhaust her administrative remedies against it. Newman's administrative complaint named only Lehman Brothers as her employer. D. 78-1; see In re Raytheon Sec. Litig., 157 F. Supp. 2d 131, 146 (D. Mass. 2001) (noting that "[i]n evaluating a motion to dismiss, the Court may consider documents... referenced in the complaint"). Courts in other jurisdictions have found that failure to name an employer in an administrative complaint precludes exhaustion of administrative remedies as a condition precedent to stating a SOX whistleblower claim. Smith v. Psychiatric Solutions, Inc., No. 3:08CV3/MCR/EMT, 2009 WL 903624, at *8 (N.D. Fla. Mar. 31, 2009) aff'd, 358 Fed. App'x 76 (11th Cir. 2009); Smith v. Corning Inc., No. 06-CV-6516 CJS, 2007 WL 2120375, at *2 (W.D.N.Y. July 23, 2007); Bozeman v. Per-Se Technologies, Inc., 456 F. Supp. 2d 1282, 1357 (N.D. Ga. 2006) (recognizing "the need for the Plaintiff to exhaust his administrative remedies for each claim he seeks to assert against each defendant"). Here, while Newman has named a litany of individuals in her administrative complaint, D. 78-1 at 3-4, she has not named MetLife. Accordingly, she cannot state her SOX claim against MetLife.The LBHI Defendants also argue that Lehman Brothers Holdings Inc. ("LB Holdings")'s bankruptcy action currently pending the U.S. Bankruptcy Court for the Southern District of New York bars Newman's prepetition claims against it. See D. 78-2 at 43-44. The confirmation order makes clear that LB Holdings is a debtor in that matter, but it is unclear whether any other defendant in this matter is also a debtor. Id. at 1 n.1. As to LB Holdings, any prepetition claim is barred. On those grounds, the Court DISMISSES LB Holdings from this action.The LBHI Defendants also seek to dismiss defendant George Walker from this action. The LBHI Defendants are correct that the Court previously dismissed Walker from this action because the Court lacks personal jurisdiction over him. D. 57 at 7. There is nothing about the allegations in the amended complaint that compel the Court to change this decision.In sum, the SOX claim is DISMISSED against MetLife (D. 71), LB Holdings is DISMISSED from this action and to the extent that the amended complaint attempted to revise Newman's claims other than to add a SOX claim or reinstate any claims against Walker, those claims are dismissed (D. 77).The LBHI Defendants also move for a more definitive statement of Newman's claims under Rules 8 and 12(e). Although "Rule 12(e) motions are generally disfavored in light of the liberal pleading requirements under the Federal Rules,... Rule 12(e) motions should be addressed not to a lack of detail but rather to unintelligibility which thereby prevents the movant from determining the issues he must meet." Hilchey v. City of Haverhill, 233 F.R.D. 67, 69 (D. Mass. 2005) (internal citations and quotation marks omitted). This is such a case. The amended complaint does not even include the ERISA claims asserted against MetLife and the Plan Defendants that the Court had previously ruled would go forward. In light of the Court's earlier decision and in light of this decision, Newman is ORDERED to file an amended complaint limited to those ERISA claims against the Plan Defendants and a SOX claim against the remaining LBHI Defendants. Any such pleading must comply with Rule 8(a), and thus contain a short and concise statement of the basis of liability for each claim as to each defendant, and must be filed no later than March 26, 2014. (Hourihan, Lisa) (Entered: 03/05/2014)
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 02/26/2014)
Transcript of Motion Hearing held on February 11, 2014, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 3/19/2014. Redacted Transcript Deadline set for 3/31/2014. Release of Transcript Restriction set for 5/27/2014. (Scalfani, Deborah) (Entered: 02/26/2014)
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 2/11/2014 re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Neuberger Berman LLC, George Walker, Neuberger Berman Group, LLC., Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Long Term Disability Plan, Lehman Brothers Group Life Insuance Plan, Neuberger Berman Holdings, LLC, Lehman Brothers Holdings Inc., Lehman Brothers Short Term Disability Plan, George Walker IV, Neuberger Berman Management, Inc., Lehman Brothers Supplemental Insurance Contributory LTD Plan, 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Metropolitan Life Insurance Company. Arguments. Court takes under advisement 71 Motion to Dismiss for Failure to State a Claim; takes under advisement 77 Motion to Dismiss for Failure to State a Claim; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Jacob Simon for the plaintiff. William Pandolph and Christopher Litterio for the defendants.) (Hourihan, Lisa) (Entered: 02/12/2014)
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 01/31/2014)
Transcript of Status Conference held on April 23, 2013, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 2/21/2014. Redacted Transcript Deadline set for 3/3/2014. Release of Transcript Restriction set for 5/1/2014. (Scalfani, Deborah) (Entered: 01/31/2014)
ELECTRONIC NOTICE Setting Hearing on Motion 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 2/11/2014 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 01/10/2014)
ELECTRONIC ENDORSEMENT re 83 filed by Neuberger Berman LLC, George Walker, Neuberger Berman Group, LLC., Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Long Term Disability Plan, Lehman Brothers Group Life Insuance Plan, Neuberger Berman Holdings, LLC, Lehman Brothers Holdings Inc., Lehman Brothers Short Term Disability Plan, George Walker IV, Neuberger Berman Management, Inc., Lehman Brothers Supplemental Insurance Contributory LTD Plan. To the extent that the Defendants' opposition and cross-motion to D. 81 seeks relief, the Court GRANTS IN PART and DENIES IN PART such relief. The Court denies it to the extent it opposed the further extension for opposition to the pending motions and granting more time to Plaintiff to obtain counsel in light of the Court's ruling today regarding D. 81 and the filing of a notice of appearance of counsel for Newman, D. 84. The Court, however, grants the cross-motion to the following extent. Now that Ms. Newman has counsel, the Court expects and ORDERS that Ms. Newman not have any contact directly with Defendants and their counsel and that any and all such contact on her behalf with Defendants and their counsel be only by and through her counsel during the pendency of this case. (Hourihan, Lisa) (Entered: 12/11/2013)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 81 Motion for Extension of Time to the following extent. In light of the filing of a notice of appearance of counsel on Plaintiff's behalf, the Court ALLOWS Plaintiff's motion to extend the deadline for the filing of any opposition to the motions to dismiss, D. 71 and D. 77, until January 7, 2014. The Court notes that counsel for Newman entered his notice of appearance on November 14, 2013 and the Court anticipates no further extension for the filing of any opposition in light of the number of extensions that have been previously allowed. (Hourihan, Lisa) (Entered: 12/11/2013)
Opposition re 81 MOTION for Extension of Time and Cross-Motion for Protective Order filed by Lehman Brothers Group Life Insuance Plan, Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Holdings Inc., Lehman Brothers Long Term Disability Plan, Lehman Brothers Short Term Disability Plan, Lehman Brothers Supplemental Insurance Contributory LTD Plan, Neuberger Berman Group, LLC., Neuberger Berman Holdings, LLC, Neuberger Berman LLC, Neuberger Berman Management, Inc., George Walker, George Walker IV. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Robinson, David) (Entered: 10/03/2013)
Remark - Returns of Service received from the plaintiff, Barbara Newman. The Court notes that none of these parties are named in the operative complaint. (Maynard, Timothy) (Entered: 10/02/2013)
MOTION for Extension of Time by Barbara Newman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Maynard, Timothy) Modified on 9/25/2013 to edit the date (Maynard, Timothy). (Entered: 09/24/2013)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 79 Motion for Extension of Time to File Response/Reply re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 9/23/2013 (Hourihan, Lisa) (Entered: 09/04/2013)
MOTION for Extension of Time to 9/23/2013 to File Response as to 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Barbara Newman. (Attachments: # 1 Exhibit)(Maynard, Timothy) (Entered: 08/09/2013)
MEMORANDUM in Support re 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lehman Brothers Group Life Insuance Plan, Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Holdings Inc., Lehman Brothers Long Term Disability Plan, Lehman Brothers Short Term Disability Plan, Lehman Brothers Supplemental Insurance Contributory LTD Plan, Neuberger Berman Group, LLC., Neuberger Berman Holdings, LLC, Neuberger Berman LLC, Neuberger Berman Management, Inc., George Walker, George Walker IV. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robinson, David) (Entered: 07/26/2013)
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lehman Brothers Group Life Insuance Plan, Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Holdings Inc., Lehman Brothers Long Term Disability Plan, Lehman Brothers Short Term Disability Plan, Lehman Brothers Supplemental Insurance Contributory LTD Plan, Neuberger Berman Group, LLC., Neuberger Berman Holdings, LLC, Neuberger Berman LLC, Neuberger Berman Management, Inc., George Walker, George Walker IV.(Robinson, David) (Entered: 07/26/2013)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 73 Motion for Extension of Time to File Memorandum and Opposition to Motion to Dismiss to 8/8/13. (Hourihan, Lisa) (Entered: 07/23/2013)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 68 Motion for Extension of Time to File a Responsive Pleading to 7/26/13 by Lehman. (Hourihan, Lisa) (Entered: 07/19/2013)
MOTION for Extension of Time to August 8, 2013 to File an Opposition to Motion to Dismiss by Barbara Newman. (Attachments: # 1 Exhibits)(Maynard, Timothy) (Entered: 07/08/2013)
MEMORANDUM in Support re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Metropolitan Life Insurance Company(New York Office). (Pandolph, William) (Entered: 06/20/2013)
Summons Issued as to Does 1-10, Lehman Brothers Holdings Inc., Lehman Brothers, Inc., Metropolitan Life Insurance Company(New York Office), Neuberger Berman LLC, Neuberger Berman Management, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Maynard, Timothy) (Entered: 06/06/2013)
MOTION for Extension of Time to June 20, 2013 to File Answer or Otherwise Respond to Plaintiff's Amended Complaint by Metropolitan Life Insurance Company(New York Office).(Pandolph, William) (Entered: 06/05/2013)
MOTION for Extension of Time to July 26, 2013 to File Response/Reply as to 67 Amended Complaint, by Lehman Brothers Holdings Inc..(Litterio, Christopher) (Entered: 05/30/2013)
AMENDED COMPLAINT against Metropolitan Life Insurance Company(Boston Office), Lehman Brothers Holdings Inc., Neuberger Berman LLC, Neuberger Berman Management, Inc., Does 1-10, Lehman Brothers, Inc., filed by Barbara Newman. (EXHIBITS COULD NOT BE SCANNED, Filed in Clerk's Office)(Maynard, Timothy) (Entered: 05/23/2013)
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 4/23/2013. Court grants 63 Motion for Extension of Time to Obtain Counsel and to File an Amended Complaint to 5/22/13. If Ms. Newman is unable to obtain counsel, she is still to file an amended complaint by 5/22/13. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Barbara Newman pro se. William Pandolph and Christopher Litterio for the defendants.) (Hourihan, Lisa) (Entered: 04/24/2013)
RESPONSE to Motion re 63 MOTION for Extension of Time to May 22, 2013 to Obtain Counsel to File an Amended Complaint filed by Metropolitan Life Insurance Company(New York Office). (Attachments: # 1 Exhibit A - 4/18/08 Employee Information, # 2 Exhibit B - Medical Records, # 3 Exhibit C - 4/16/08 Letter from MetLife, # 4 Exhibit D - 9/9/08 Employee Information, # 5 Exhibit E - 04/21/08 Letter from MetLife, # 6 Exhibit F - 08/25/08 Letter to MetLife and Lehman Brothers, # 7 Exhibit G - 9/10/08 Email from Lehman Brothers with 2008 SOH Form, # 8 Exhibit H - 3/23/09 Fax from Newman, # 9 Exhibit I - 12/11/09 Fax with 2/4/08 Statement of Health Form, # 10 Exhibit J - 7/21/10 Letter from Newman's Counsel, # 11 Exhibit K - 8/6/10 Letter from MetLife's Statement of Health Unit, # 12 Exhibit L - 12/16/09 Letter from MetLife's Statement of Health Unit, # 13 Exhibit M - 4/19/10 Letter from Newman, # 14 Exhibit N - 2/25/11 Letter from MetLife's Statement of Health Unit, # 15 Exhibit O - 7/23/08 Newman Administrative Complaint)(Pandolph, William) (Entered: 04/22/2013)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 59 Motion for Extension of Time only to the extent that plaintiff seeks 30 days from 3/22/13, as per the Court's 3/8/13 Order, D. 57, to file an amended complaint to include a SOX claim. The Court understands Newman's intention to seek counsel for this purpose. Accordingly, Newman has until 4/22/13 to file an amended complaint asserting a SOX claim. To the extent the motion seeks other relief, it is denied. (Hourihan, Lisa) (Entered: 03/26/2013)
EXHIBIT re 59 MOTION for Extension of Time to Thirty days to Obtain Counsel Without Prejudice filed by Barbara Newman by Barbara Newman. (Maynard, Timothy) (Entered: 03/22/2013)
Emergency MOTION for Extension of Time to Thirty days to Obtain Counsel Without Prejudice by Barbara Newman.(Maynard, Timothy) Modified on 3/22/2013 to edit date filed (Maynard, Timothy). (Entered: 03/22/2013)
NOTICE of Scheduling Conference Scheduling Conference set for 4/23/2013 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/08/2013)
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - LBHI Defendants' motion to dismiss is GRANTED in part and DENIED in part. The Court DISMISSES all of Newman's claims against the LBHI Defendants except for the section 502(a)(1)(B) claim that may be asserted against the Plan, which includes the STD Plan, the LTD Plan, the Supplemental Plan and the Life Insurance Plan. Newman's motion for leave to amend is GRANTED in part and DENIED in part. Newman is GRANTED leave to amend the complaint to include a SOX claim within fourteen days of this Order. (Hourihan, Lisa) (Entered: 03/08/2013)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 52 Motion for Extension of Time to File Opposition to 10/31/12. NO FURTHER EXTENSIONS ANTICIPATED. (Hourihan, Lisa) (Entered: 10/11/2012)
MOTION for Extension of Time for Thirty days to File Legible Text in Opposition to the Motion to Dismiss, MOTION for Extension of Time for Thirty Days to Submit Memorandum of Law in Support of Plaintiff's Motion to Dismiss, Leave to Amend the Complaint ( Responses due by 9/13/2012) by Barbara Newman. (Exhibits filed under SEAL)(Maynard, Timothy) (Entered: 08/30/2012)
Transcript of Scheduling Conference held on August 6, 2012, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 9/7/2012. Redacted Transcript Deadline set for 9/17/2012. Release of Transcript Restriction set for 11/15/2012. (Scalfani, Deborah) (Entered: 08/17/2012)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 45 Motion for Leave to Appear Pro Hac Vice Added Sarah L. Cave. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) (Entered: 08/16/2012)
Judge Denise J. Casper: ELECTRONIC ORDER entered. The plaintiff, Ms. Newman, filed her opposition to the motion to dismiss [D.48] on 8/14/12. Pages 1 & 2 of that document are illegible. Plaintiff to file this document with legible text by 8/31/12.(Hourihan, Lisa) (Entered: 08/16/2012)
Opposition re 41 MOTION to Dismiss filed by Barbara Newman. (Notice: Text of main document is faded and not legible. The Plaintiff is to file a document with legible text.) (Attachments: # 1 Exhibit)(Maynard, Timothy) (Entered: 08/14/2012)
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 8/6/2012. Plaintiff to file her opposition to the motion to dismiss by 8/13/12. Court will decide the motion to dismiss first and then schedule the remainder of the case. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Barbara Newman pro se. Beth Catenza, William Pandolph and Christopher Litterio for the defendants.) (Hourihan, Lisa) (Entered: 08/07/2012)
MOTION for Leave to Appear Pro Hac Vice for admission of Sarah L. Cave Filing fee: $ 100, receipt number 0101-4054130 by James W Giddens. (Attachments: # 1 Exhibit Certification)(Madoff, David) (Entered: 08/01/2012)
SUGGESTION OF BANKRUPTCY Upon the Record as to Lehman Brothers, Inc. by James W Giddens. (Attachments: # 1 Exhibit LBI Liquidation Order, # 2 Text of Proposed Order)(Madoff, David) (Entered: 08/01/2012)
ANSWER to 4 Amended Complaint, by Metropolitan Life Insurance Company(New York Office), Metropolitan Life Insurance Company(Boston Office).(Pandolph, William) (Entered: 07/30/2012)
MEMORANDUM in Support re 41 MOTION to Dismiss filed by Lehman Brothers Supplemental Insurance Contributory LTD Plan, Joseph V. Amato, William Fox, Andrew Komaroff, Lehman Brothers Group Life Insuance Plan, Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Holdings Inc., Lehman Brothers Long Term Disability Plan, Lehman Brothers Short Term Disability Plan, Neuberger Berman Group, LLC., Neuberger Berman Holdings, LLC, Neuberger Berman LLC, Neuberger Berman Management, Inc., Carol Rado, George Walker, George Walker IV, Fox J. William. (Attachments: # 1 Exhibit)(Litterio, Christopher) (Entered: 07/30/2012)
MOTION to Dismiss by Lehman Brothers Supplemental Insurance Contributory LTD Plan, Joseph V. Amato, William Fox, Andrew Komaroff, Lehman Brothers Group Life Insuance Plan, Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Holdings Inc., Lehman Brothers Long Term Disability Plan, Lehman Brothers Short Term Disability Plan, Neuberger Berman Group, LLC., Neuberger Berman Holdings, LLC, Neuberger Berman LLC, Neuberger Berman Management, Inc., Carol Rado, George Walker, George Walker IV, Fox J. William.(Litterio, Christopher) (Entered: 07/30/2012)
NOTICE of Scheduling Conference Scheduling Conference set for 8/6/2012 03:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 07/26/2012)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 29 Motion for Leave to Appear Pro Hac Vice Added William D. Pandolph. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) (Entered: 07/09/2012)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 27 Motion for Extension of Time to Answer re 4 Amended Complaint, Metropolitan Life Insurance Company(New York Office) answer due 7/30/2012; Metropolitan Life Insurance Company(Boston Office) answer due 7/30/2012. (Maynard, Timothy) (Entered: 07/09/2012)
Opposition re 27 MOTION for Extension of Time to July 30, 2012 to File Answer filed by Barbara Newman. (Attachments: # 1 Exhibits A-I, Exhibit H is an audio CD which is filed with the Clerk's Office)(Maynard, Timothy) (Entered: 07/03/2012)
MEMORANDUM in Opposition re 26 MOTION for Entry of Default filed by Metropolitan Life Insurance Company(New York Office), Metropolitan Life Insurance Company(Boston Office). (Attachments: # 1 Summary Plan Description, # 2 September 17, 2008 letter, # 3 October 20, 2008 letter, # 4 July 22, 2009 letter, # 5 August 6, 2010 letter, # 6 August 4, 2010 letter, # 7 February 17, 2011 letter)(Catenza, Beth) (Entered: 06/27/2012)
Opposition re 26 MOTION for Entry of Default filed by Metropolitan Life Insurance Company(New York Office), Metropolitan Life Insurance Company(Boston Office). (Catenza, Beth) (Entered: 06/27/2012)
MEMORANDUM in Support re 27 MOTION for Extension of Time to July 30, 2012 to File Answer filed by Metropolitan Life Insurance Company(New York Office), Metropolitan Life Insurance Company(Boston Office). (Catenza, Beth) (Entered: 06/27/2012)
Notice of correction to docket made by Court staff. Document 21 corrected: Additional document added to show that Amended Complaint was served by Suffolk County Constable's Office. (Maynard, Timothy) (Maynard, Timothy) (Entered: 06/26/2012)
Notice of correction to docket made by Court staff. Document 12 corrected: Additional document added to show that Amended Complaint was served by Suffolk County Constable's Office. (Maynard, Timothy) (Entered: 06/26/2012)
Letter regarding completed service of 26 Motion for Entry of Default Judgment to Metropolitan Life Insurance Company (Boston Office) from Barbara Newman. (Maynard, Timothy) (Entered: 06/22/2012)
MOTION for Leave to Appear Pro Hac Vice for admission of William D. Pandolph Filing fee: $ 100, receipt number 0101-3999347 by Metropolitan Life Insurance Company(New York Office), Metropolitan Life Insurance Company(Boston Office). (Attachments: # 1 Certification of William D. Pandolph, Esq.)(Catenza, Beth) (Entered: 06/21/2012)
CORPORATE DISCLOSURE STATEMENT by Metropolitan Life Insurance Company(New York Office), Metropolitan Life Insurance Company(Boston Office) identifying Corporate Parent Metlife, Inc. for Metropolitan Life Insurance Company, Metropolitan Life Insurance Company.. (Catenza, Beth) (Entered: 06/18/2012)
MOTION for Extension of Time to July 30, 2012 to File Answer by Metropolitan Life Insurance Company(New York Office), Metropolitan Life Insurance Company(Boston Office).(Catenza, Beth) (Entered: 06/18/2012)
Judge Denise J. Casper: ELECTRONIC ORDER entered granting 22 Motion for Extension of Time to File Response to Complaint Responses due by 7/30/2012 (Maynard, Timothy) (Entered: 06/01/2012)
Remark - Documents received titled "Summary of First Interim Fee Application of Kramer Levin Naftalis & Frankel LLP for Services Rendered for the Period January 1, 2011 through May 31, 2011." (Maynard, Timothy) (Entered: 05/31/2012)
Emergency MOTION for Extension of Time to File Response/Reply to Complaint by Lehman Brothers Supplemental Insurance Contributory LTD Plan, Joseph V. Amato, William Fox, Andrew Komaroff, Lehman Brothers Group Life Insuance Plan, Lehman Brothers Holdings Inc, Group Benefits Plans, Lehman Brothers Holdings Inc., Lehman Brothers Long Term Disability Plan, Lehman Brothers Short Term Disability Plan, Neuberger Berman Group, LLC., Neuberger Berman Holdings, LLC, Neuberger Berman LLC, Neuberger Berman Management, Inc., George Walker, George Walker IV, Fox J. William.(Litterio, Christopher) (Entered: 05/31/2012)
SUMMONS Returned Executed as to Metropolitan Life Insurance Company (New York office). (Maynard, Timothy) (Main Document 21 replaced on 6/22/2012 to use correct document) (Maynard, Timothy). (Additional attachment(s) added on 6/26/2012: # 1 Proof of Service from Suffolk County Constable's Office to show Amended Complaint was served) (Maynard, Timothy). (Entered: 05/21/2012)
SUMMONS Returned Executed Metropolitan Life Insurance Company (Boston Office) served on 5/11/2012, answer due 6/1/2012. (Maynard, Timothy) Modified on 6/22/2012 to correct docket text (Maynard, Timothy). (Additional attachment(s) added on 6/26/2012: # 1 Proof of Service from Suffolk County Constable's Office to show Amended Complaint was served) (Maynard, Timothy). (Entered: 05/21/2012)
SUMMONS Returned Executed Lehman Brothers Holdings Inc, Group Benefits Plans served on 5/11/2012, answer due 6/1/2012. (Maynard, Timothy) (Entered: 05/21/2012)
SUMMONS Returned Executed Lehman Brothers Group Life Insuance Plan served on 5/11/2012, answer due 6/1/2012; Lehman Brothers Long Term Disability Plan served on 5/11/2012, answer due 6/1/2012; Lehman Brothers Short Term Disability Plan served on 5/11/2012, answer due 6/1/2012. (Maynard, Timothy) (Entered: 05/21/2012)
AMENDED COMPLAINT against All Defendants, filed by Barbara Newman. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part 4, #5 is an audio disc )(Maynard, Timothy) (Attachment 4 replaced on 5/22/2012 to flip pages correctly) (Maynard, Timothy). (Entered: 05/14/2012)
Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) (Entered: 01/13/2012)
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Geraldino-Karasek, Clarilde) (Entered: 01/13/2012)
COMPLAINT against All Defendants, filed by Barbara Newman. (Attachments: # 1 Civil Cover Sheet and Category Sheet)(Geraldino-Karasek, Clarilde) (Entered: 01/13/2012)
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