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 39 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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ORDER AND JUDGMENT - Guardian's motion for summary judgment (Filing No. 20 ) is granted. Plaintiff's motion for summary judgment (Filing No. 23 ) is denied. Plaintiff's complaint is dismissed. Ordered by Senior Judge Lyle E. Strom. (LAC)
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| 38 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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MEMORANDUM OPINION - For the foregoing reasons, plaintiff's breach of contract and bad faith claims fail as a matter of law. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (LAC)
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Request |
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| 37 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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REASSIGNMENT ORDER - case reassigned to Senior District Lyle E. Strom for disposition and remains with Magistrate Judge Cheryl R. Zwart for judicial supervision. Ordered by Chief Judge Laurie Smith Camp. (JAB)
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Request |
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| 36 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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TEXT ORDER granting 35 Motion. The remaining case progression deadlines are set aside, and the trial and pretrial conference settings are cancelled. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Request |
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| 35 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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JOINT MOTION to Vacate Final Progression Order Deadlines regarding Order Setting Schedule for Progression of a Civil Case, 9 by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 34 |
Filed: 12/29/2016, Entered: 12/29/2016 |
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REPLY regarding Brief 31 by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 33 |
Filed: 12/16/2016, Entered: 12/16/2016 |
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TEXT ORDER granting 32 Motion to Extend. Both parties may reply in support of their respective motions for summary judgment on or before December 29, 2016. Ordered by Judge John M. Gerrard. (DCD)
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Request |
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| 32 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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UNOPPOSED MOTION to Extend Time to File Reply in Support of Summary Judgment Motions by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 31 |
Filed: 12/6/2016, Entered: 12/6/2016 |
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BRIEF in opposition to Defendant's Motion for Summary Judgment by Attorney Terri M. Weeks on behalf of Plaintiff E2F9299.(Weeks, Terri)
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Request |
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| 30 |
Filed: 12/6/2016, Entered: 12/6/2016 |
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BRIEF in opposition to MOTION for Summary Judgment 23 by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America. (Attachments: # 1 Ex A - NY Ins. Law)(Mullin, Shilee)
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Request |
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| 29 |
Filed: 12/1/2016, Entered: 12/1/2016 |
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TEXT ORDER granting 28 Motion to Extend as to 20 defendant's motion for summary judgment and 23 plaintiff's motion for summary judgment. Both parties may respond to the opposing party's motion for summary judgment on or before December 6, 2016. Both parties may reply in support of their respective motions for summary judgment on or before December 16, 2016. Ordered by Judge John M. Gerrard. (DCD)
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Request |
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| 28 |
Filed: 12/1/2016, Entered: 12/1/2016 |
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UNOPPOSED MOTION to Extend Time to Respond to Summary Judgment Motions by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 27 |
Filed: 11/18/2016, Entered: 11/18/2016 |
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TEXT ORDER granting 26 Motion to Extend as to 20 defendant's motion for summary judgment and 23 plaintiff's motion for summary judgment. Both parties may respond to the opposing party's motion for summary judgment on or before December 2, 2016. Both parties may reply in support of their respective motions for summary judgment on or before December 12, 2016. Ordered by Judge John M. Gerrard. (DCD)
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Request |
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| 26 |
Filed: 11/18/2016, Entered: 11/18/2016 |
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UNOPPOSED MOTION to Extend Time to Respond to Summary Judgment Motions by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 25 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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BRIEF in support of Plaintiff's Motion for Summary Judgment by Attorney Terri M. Weeks on behalf of Plaintiff E2F9299.(Weeks, Terri)
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Request |
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| 24 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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INDEX in support of Plaintiff's Motion for Summary Judgment by Attorney Terri M. Weeks on behalf of Plaintiff E2F9299. (Attachments: # 1 Exhibit Plan of Insurance, # 2 Exhibit Enrollment Form, # 3 Exhibit Claim Form, # 4 Exhibit Census, # 5 Exhibit Designation of E2F9299, # 6 Exhibit Deposition of E2F9299, # 7 Exhibit Designation of Placke, # 8 Exhibit Deposition of Placke, # 9 Exhibit Nov 9 Letter, # 10 Exhibit Nov 24 Letter, # 11 Exhibit Dec 8 Letter, # 12 Exhibit Jan 28 Letter)(Weeks, Terri)
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Request |
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| 23 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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MOTION for Summary Judgment by Attorney Terri M. Weeks on behalf of Plaintiff E2F9299.(Weeks, Terri)
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Request |
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| 22 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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INDEX in support of MOTION for Summary Judgment 20 by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America. (Attachments: # 1 Ex 1 - Mullin Declaration, # 2 Ex A - Insurance Plan, # 3 Ex B - Plaintiff's Production, # 4 Ex C - Placke Deposition, # 5 Ex D - Guardian Decision, # 6 Ex E - Plaintiff's Initial Disclosures)(Mullin, Shilee)
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Request |
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| 21 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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BRIEF in support of MOTION for Summary Judgment 20 by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 20 |
Filed: 11/7/2016, Entered: 11/7/2016 |
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MOTION for Summary Judgment by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 19 |
Filed: 9/20/2016, Entered: 9/20/2016 |
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NOTICE to Take Deposition of Records Custodian, Northwest Public Schools by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America (Attachments: # 1 Subpoena)(Mullin, Shilee)
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Request |
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| 18 |
Filed: 9/15/2016, Entered: 9/15/2016 |
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NOTICE to Take Deposition of Sharon Placke by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America (Mullin, Shilee)
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Request |
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| 17 |
Filed: 9/12/2016, Entered: 9/12/2016 |
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NOTICE to Take Deposition of E2F9299 by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America (Mullin, Shilee)
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Request |
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| 16 |
Filed: 9/9/2016, Entered: 9/9/2016 |
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ORDER granting 15 Motion to Amend. The deposition deadline is September 30, 2016. The deadline for filing motions to dismiss/motions for summary judgment is November 7, 2016. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Request |
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| 15 |
Filed: 9/9/2016, Entered: 9/9/2016 |
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UNOPPOSED MOTION to Amend Order Setting Schedule for Progression of a Civil Case, 9 by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 14 |
Filed: 7/14/2016, Entered: 7/14/2016 |
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NOTICE of Change of Address by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America (Mullin, Shilee)
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Request |
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| 13 |
Filed: 6/7/2016, Entered: 6/7/2016 |
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Certificate of Service by Attorney Terri M. Weeks on behalf of Plaintiff E2F9299.(Weeks, Terri)
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Request |
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| 12 |
Filed: 5/31/2016, Entered: 5/31/2016 |
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Certificate of Service/Defendant's initial disclosures by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 11 |
Filed: 5/31/2016, Entered: 5/31/2016 |
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DISCLOSURE Plaintiff's Mandatory Disclosures by Attorney Terri M. Weeks on behalf of Plaintiff E2F9299.(Weeks, Terri)
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Request |
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| 10 |
Filed: 5/11/2016, Entered: 5/11/2016 |
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CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Request |
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| 9 |
Filed: 5/11/2016, Entered: 5/11/2016 |
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FINAL PROGRESSION ORDER - Depositions due 9/12/2016. Non-Jury Trial set for 3/13/2017 at 09:00 AM in Courtroom 1, Robert V. E2F9299 Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Pretrial Conference set for 2/28/2017 at 09:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Telephone Conference set for 9/27/2016 at 11:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Request |
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| 8 |
Filed: 5/4/2016, Entered: 5/4/2016 |
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REPORT of Rule 26(f) Planning Meeting by Attorney Terri M. Weeks on behalf of Plaintiff E2F9299.(Weeks, Terri)
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Request |
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| 7 |
Filed: 4/25/2016, Entered: 4/25/2016 |
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ORDER - Counsel shall confer and, on or before May 23, 2016, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before May 16, 2016 a party shall contact my chambers at (402) 437-1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference call. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Request |
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| 6 |
Filed: 4/22/2016, Entered: 4/22/2016 |
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CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Shilee T. Mullin on behalf of Defendant The Guardian Life Insurance Company of America.(Mullin, Shilee)
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Request |
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| 5 |
Filed: 4/22/2016, Entered: 4/22/2016 |
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ANSWER to Notice of Removal Complaint regarding: Notice of Removal Attorney - Complaint, 1 by The Guardian Life Insurance Company of America (Mullin, Shilee)
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Request |
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| 4 |
Filed: 4/18/2016, Entered: 4/19/2016 |
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APPLICATION/ORDER admitting pro hac vice Attorney Mark A. Thornhill for Defendant The Guardian Life Insurance Company of America. Ordered by Deputy Clerk. (GJG)
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Request |
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| 3 |
Filed: 4/18/2016, Entered: 4/18/2016 |
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TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant The Guardian Life Insurance Company of America. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(GJG)
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Request |
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| 2 |
Filed: 4/15/2016, Entered: 4/15/2016 |
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TEXT NOTICE OF JUDGES ASSIGNED: Judge John M. Gerrard and Magistrate Judge Cheryl R. Zwart assigned. (LAC)
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Request |
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| 1 |
Filed: 4/15/2016, Entered: 4/15/2016 |
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NOTICE OF REMOVAL against E2F9299 from Lancaster County District Court, Case number CI 16 949 ( Filing fee $ 400, receipt number 0867-3186724) with attached state court pleadings, by Attorney Shilee T. Mullin on behalf of The Guardian Life Insurance Company of America (Attachments: # 1 Ex 1 - State Court Action)(Mullin, Shilee)
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