Suter v. UNUM Life Insurance Company of America et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:16-cv-00208
Magistrate Judge Liam O'Grady, presiding
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Magistrate Judge Liam O'Grady
Last Updated July 30, 2025 at 1:15 AM EDT (5.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [4A36BA1], Plaintiff

Represented by Richard D Carter LLC

Name Phone Fax E-Mail
Space Richard Dennis Carter rcarter@richcarterlaw.com
No Logo Kenette Suter, Plaintiff

Represented by Richard D. Carter PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard Dennis Carter +1 703 549 0076 +1 703 299 8740 rcarter@richcarterlaw.com
v.
No Logo Anonymized Party [7F55B8B], Defendant
No Logo International Preparedness Associates, Inc., Defendant
No Logo Scott A Freeman, Defendant
No Logo Unum Life Insurance Company of America, Defendant

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space David Edward Constine , III david.constine@troutman.com
Attributes
Citation Section 29 U.S.C. § 1132
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Monetary Demand $250,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 47 Filed: 3/28/2017, Entered: 3/28/2017 Court Filing
ORDER For the foregoing reasons, the remand imposed by the Court's February 7, 2017 Order and Memorandum Opinion would be futile. Because remand is not warranted in this case, Defendant's Motion for Reconsideration is hereby GRANTED 37 . Further, the Court vacates its February 7, 2017 Order, 32 , GRANTS Defendant's Motion for Summary Judgment, 17 , and DENIES AS MOOT Plaintiffs Motion for Attorney's Fees 34 . Signed by District Judge Liam O'Grady on 3/28/17. (gwalk, )
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Blank  Filed: 3/28/2017, Entered: 3/28/2017
Per LO chambers motions set for 3/31/17 on the pleadings (clar, )
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Legal Document (Payment Possibly Required) 46 Filed: 3/27/2017, Entered: 3/27/2017
REPLY to Response to Motion re 34 MOTION for Attorney Fees filed by 4A36BA1. (Attachments: # 1 Exhibit Ex 1 Clark v MetLife, # 2 Exhibit Ex 2 Jin v AnyFloors)(Carter, Richard)
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Legal Document (Payment Possibly Required) 45 Filed: 3/21/2017, Entered: 3/21/2017
Memorandum in Opposition re 34 MOTION for Attorney Fees filed by UNUM Life Insurance Company of America. (Constine, David)
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Legal Document (Payment Possibly Required) 44 Filed: 3/13/2017, Entered: 3/13/2017
Reply to Motion re 37 MOTION for Reconsideration re 32 Memorandum Opinion, 33 Order on Motion for Summary Judgment,,, filed by UNUM Life Insurance Company of America. (Constine, David)
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Legal Document (Payment Possibly Required) 43 Filed: 3/7/2017, Entered: 3/7/2017
Memorandum in Opposition re 37 MOTION for Reconsideration re 32 Memorandum Opinion, 33 Order on Motion for Summary Judgment,,, filed by 4A36BA1. (Carter, Richard)
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Blank  Filed: 2/24/2017, Entered: 2/24/2017
Set Deadlines as to 34 MOTION for Attorney Fees . Motion Hearing set for 4/14/2017 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (clar, )
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Legal Document (Payment Possibly Required) 41 Filed: 2/23/2017, Entered: 2/23/2017
Notice of Hearing Date re 34 MOTION for Attorney Fees (Carter, Richard)
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Blank  Filed: 2/23/2017, Entered: 2/23/2017
Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument re 34 MOTION for Attorney Fees. (jlan)
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Legal Document (Payment Possibly Required) 42 Filed: 2/22/2017, Entered: 2/23/2017 Court Filing
ORDER granting 36 Motion for Extension of Time to File Response; ORDERED that the time for Defendant's to submit its response to Plaintiffs fee petition is extended until and including March 21, 2017. Signed by District Judge Liam O'Grady on 02/22/2017. (jlan)
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Legal Document (Payment Possibly Required) 40 Filed: 2/22/2017, Entered: 2/22/2017
NOTICE by UNUM Life Insurance Company of America re 38 Memorandum in Support, of Filing of Substitute Exhibit (Attachments: # 1 Exhibit A)(Constine, David)
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Blank  Filed: 2/22/2017, Entered: 2/22/2017
Set Deadlines as to 37 MOTION for Reconsideration re 32 Memorandum Opinion, 33 Order on Motion for Summary Judgment,,, . Motion Hearing set for 3/31/2017 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (clar, )
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Legal Document (Payment Possibly Required) 39 Filed: 2/21/2017, Entered: 2/21/2017
Notice of Hearing Date March 31, 2017 re 37 MOTION for Reconsideration re 32 Memorandum Opinion, 33 Order on Motion for Summary Judgment,,, , 38 Memorandum in Support, (Constine, David) Modified text on 2/22/2017 (clar, ).
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Legal Document (Payment Possibly Required) 38 Filed: 2/21/2017, Entered: 2/21/2017
Memorandum in Support re 37 MOTION for Reconsideration re 32 Memorandum Opinion, 33 Order on Motion for Summary Judgment,,, filed by UNUM Life Insurance Company of America. (Attachments: # 1 Exhibit Claim Form)(Constine, David)
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Legal Document (Payment Possibly Required) 37 Filed: 2/21/2017, Entered: 2/21/2017
MOTION for Reconsideration re 32 Memorandum Opinion, 33 Order on Motion for Summary Judgment,,, by UNUM Life Insurance Company of America. (Constine, David)
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Legal Document (Payment Possibly Required) 36 Filed: 2/21/2017, Entered: 2/21/2017
MOTION for Extension of Time to File Response/Reply as to 35 Memorandum in Support, 34 MOTION for Attorney Fees by UNUM Life Insurance Company of America. (Attachments: # 1 Proposed Order Extension of Fee Petition)(Constine, David)
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Legal Document (Payment Possibly Required) 35 Filed: 2/21/2017, Entered: 2/21/2017
Memorandum in Support re 34 MOTION for Attorney Fees filed by 4A36BA1. (Attachments: # 1 Exhibit NOTICE OF HEARING)(Carter, Richard)
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Legal Document (Payment Possibly Required) 34 Filed: 2/21/2017, Entered: 2/21/2017
MOTION for Attorney Fees by 4A36BA1. (Attachments: # 1 Exhibit Resume, # 2 Affidavit Ben Glass, # 3 Affidavit Scott Elkind, # 4 Affidavit Carter, # 5 Exhibit Fees, # 6 Proposed Order Prop Order)(Carter, Richard)
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Legal Document (Payment Possibly Required) 33 Filed: 2/7/2017, Entered: 2/9/2017 Court Filing
ORDER denying 17 Motion for Summary Judgment; granting 20 Motion for Summary Judgment. The matter is remanded to the Plan Administrator for a review consistent with the memorandum opinion. Signed by District Judge Liam O'Grady on 2/7/2017. (awac, )
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Legal Document (Payment Possibly Required) 32 Filed: 2/7/2017, Entered: 2/9/2017 Court Filing
MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 2/7/2017. (awac, )
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Legal Document (Payment Possibly Required) 31 Filed: 12/16/2016, Entered: 12/16/2016 Court Filing
Minute Entry for proceedings held before District Judge Liam O'Grady:Motion Hearing held on 12/16/2016 re 20 MOTION for Summary Judgment filed by 4A36BA1, 17 MOTION for Summary Judgment filed by UNUM Life Insurance Company of America. Counsel enter their appearances and present arguments. Matter taken under advisement. (Court Reporter N. Linnell)(awac)
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Legal Document (Payment Possibly Required) 30 Filed: 11/14/2016, Entered: 11/14/2016
REPLY to Response to Motion re 20 MOTION for Summary Judgment filed by 4A36BA1. (Attachments: # 1 Exhibit Attachment Sapp v Liberty)(Carter, Richard)
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Legal Document (Payment Possibly Required) 29 Filed: 11/14/2016, Entered: 11/14/2016
REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by UNUM Life Insurance Company of America. (Constine, David)
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Legal Document (Payment Possibly Required) 28 Filed: 10/25/2016, Entered: 10/25/2016 Court Filing
ORDER - Upon the joint motion of the Defendant Unum Life Insurance Company of America, by its counsel, and Plaintiff 4A36BA1, by her counsel, and their agreement to extend the deadline for filing the reply memoranda relating to the dispositive cross motions and for good cause shown, the following change to the briefing schedule shall apply: 1. Reply memoranda shall be filed by November 14, 2016. 2. The scheduled date for oral argument, December 16,2016, shall not change. It is hereby ORDERED.Signed by District Judge Liam O'Grady on 10/25/16. (gwalk, )
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Legal Document (Payment Possibly Required) 27 Filed: 10/25/2016, Entered: 10/25/2016
Notice of Hearing Date set for 11/4/2016 re 26 Joint MOTION to Modify Briefing Schedule (Constine, David)
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Legal Document (Payment Possibly Required) 26 Filed: 10/25/2016, Entered: 10/25/2016
Joint MOTION to Modify Briefing Schedule by UNUM Life Insurance Company of America. (Attachments: # 1 Proposed Order)(Constine, David)
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Legal Document (Payment Possibly Required) 25 Filed: 10/24/2016, Entered: 10/24/2016
Memorandum in Opposition re 20 MOTION for Summary Judgment filed by UNUM Life Insurance Company of America. (Constine, David)
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Legal Document (Payment Possibly Required) 24 Filed: 10/24/2016, Entered: 10/24/2016
Memorandum in Opposition re 17 MOTION for Summary Judgment filed by 4A36BA1. (Carter, Richard)
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Legal Document (Payment Possibly Required) 23 Filed: 10/24/2016, Entered: 10/24/2016
Opposition filed by 4A36BA1. (Carter, Richard)
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Blank  Filed: 10/6/2016, Entered: 10/6/2016
Set Deadlines as to 20 MOTION for Summary Judgment . Motion Hearing set for 12/16/2016 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (clar, )
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Legal Document (Payment Possibly Required) 22 Filed: 10/5/2016, Entered: 10/5/2016
Notice of Hearing Date re 20 MOTION for Summary Judgment (Carter, Richard)
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Blank  Filed: 10/5/2016, Entered: 10/5/2016
Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument re 20 MOTION for Summary Judgment. (jlan)
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Blank  Filed: 10/4/2016, Entered: 10/4/2016
Set Deadlines as to 17 MOTION for Summary Judgment . Motion Hearing set for 12/16/2016 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (clar, )
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Legal Document (Payment Possibly Required) 21 Filed: 10/3/2016, Entered: 10/3/2016
Memorandum in Support re 20 MOTION for Summary Judgment filed by 4A36BA1. (Carter, Richard)
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Legal Document (Payment Possibly Required) 20 Filed: 10/3/2016, Entered: 10/3/2016
MOTION for Summary Judgment by 4A36BA1. (Attachments: # 1 Affidavit Affidavit of 4A36BA1, # 2 Exhibit Ex 1, # 3 Exhibit Ex 2, # 4 Exhibit Ex 3, # 5 Exhibit Ex 4, # 6 Exhibit Ex 5, # 7 Exhibit Ex 6, # 8 Exhibit Ex 7, # 9 Exhibit Ex 8, # 10 Exhibit ex 9, # 11 Exhibit Ex 10, # 12 Exhibit Ex 11, # 13 Exhibit Ex 12, # 14 Exhibit Ex 13, # 15 Proposed Order Proposed Order, # 16 Supplement Host v UNUM Case)(Carter, Richard)
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Legal Document (Payment Possibly Required) 19 Filed: 10/3/2016, Entered: 10/3/2016
Notice of Hearing Date set for 12/16/2016 re 17 MOTION for Summary Judgment (Constine, David)
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Legal Document (Payment Possibly Required) 18 Filed: 10/3/2016, Entered: 10/3/2016
Memorandum in Support re 17 MOTION for Summary Judgment filed by UNUM Life Insurance Company of America. (Attachments: # 1 Exhibit A)(Constine, David)
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Legal Document (Payment Possibly Required) 17 Filed: 10/3/2016, Entered: 10/3/2016
MOTION for Summary Judgment by UNUM Life Insurance Company of America. (Constine, David)
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Legal Document (Payment Possibly Required) 16 Filed: 10/3/2016, Entered: 10/3/2016
Administrative Record by UNUM Life Insurance Company of America.. (Constine, David)
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Legal Document (Payment Possibly Required) 15 Filed: 9/2/2016, Entered: 9/2/2016 Court Filing
ORDER granting 13 Joint MOTION to Enter Briefing Schedule and Cancel the Final Pre-trial Conference (see order for details). Signed by District Judge Liam O'Grady on 09/02/2016. (jlan)
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Blank  Filed: 8/26/2016, Entered: 8/26/2016
Set Deadlines as to 13 Joint MOTION to Enter Briefing Schedule and Cancel the Final Pre-trial Conference . Motion Hearing set for 9/9/2016 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (klau, )
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Legal Document (Payment Possibly Required) 14 Filed: 8/25/2016, Entered: 8/25/2016
Notice of Hearing Date set for 9/9/2016 re 13 Joint MOTION to Enter Briefing Schedule and Cancel the Final Pre-trial Conference (Constine, David)
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Legal Document (Payment Possibly Required) 13 Filed: 8/25/2016, Entered: 8/25/2016
Joint MOTION to Enter Briefing Schedule and Cancel the Final Pre-trial Conference by UNUM Life Insurance Company of America. (Attachments: # 1 Proposed Order)(Constine, David)
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Legal Document (Payment Possibly Required) 12 Filed: 6/14/2016, Entered: 6/14/2016 Court Filing
Order Rule 16(b) Scheduling Order - Upon consideration of the record and the representations made by the parties in their discovery plan, the court makes the following rulings: The Rule 26(f) report filed by the parties is approved and shall control discovery to the extent of its application, except with respect to deadlines for dispositive motion which will be set by the district judge, unless modified by the court herein or hereafter. See Order for more details. Signed by Magistrate Judge Michael S. Nachmanoff on 6/14/2016. (rban, )
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Blank  Filed: 6/3/2016, Entered: 6/3/2016
Deadline terminated - Initial Pretrial Conference set for 6/8/2016 at 11:00 AM before Judge Nachmanoff terminated per MSN chambers. (cmar, )
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Legal Document (Payment Possibly Required) 11 Filed: 6/1/2016, Entered: 6/1/2016
REPORT of Rule 26(f) Planning Meeting by 4A36BA1. (Carter, Richard)
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Legal Document (Payment Possibly Required) 10 Filed: 5/6/2016, Entered: 5/10/2016 Court Filing
SCHEDULING ORDER:Initial Pretrial Conference set for 6/8/2016 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Final Pretrial Conference set for 9/15/2016 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. Discovery due by 9/9/2016. Signed by District Judge Liam O'Grady on 5/06/2016. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(awac)
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Legal Document (Payment Possibly Required) 9 Filed: 4/22/2016, Entered: 4/22/2016
Financial Interest Disclosure Statement (Local Rule 7.1) by UNUM Life Insurance Company of America. (Constine, David)
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Legal Document (Payment Possibly Required) 8 Filed: 4/22/2016, Entered: 4/22/2016
ANSWER to 1 Complaint, by UNUM Life Insurance Company of America.(Constine, David)
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Legal Document (Payment Possibly Required) 7 Filed: 3/30/2016, Entered: 3/30/2016 Court Filing
ORDERED that the Complaint against International Preparedness Associates, Inc. and 7F55B8B is DISMISSED WITH PREJUDICE all parties to bear their own costs. Signed by District Judge Liam O'Grady on 03/30/2016. (cs to Deft) (jlan)
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Legal Document (Payment Possibly Required) 6 Filed: 3/29/2016, Entered: 3/29/2016
MOTION to Voluntarily Dismiss International Preparedness Associates, Inc. and 7F55B8B by 4A36BA1. (Attachments: # 1 Proposed Order)(Carter, Richard)
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Legal Document (Payment Possibly Required) 5 Filed: 3/14/2016, Entered: 3/14/2016
Letter to the Court. (jlan)
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Legal Document (Payment Possibly Required) 4 Filed: 3/14/2016, Entered: 3/14/2016
SUMMONS Returned Executed 7F55B8B served on 3/10/2016, answer due 3/31/2016; International Preparedness Associates, Inc. served on 3/9/2016, answer due 3/30/2016; UNUM Life Insurance Company of America served on 3/9/2016, answer due 3/30/2016. (Attachments: # 1 Letter)(jlan)
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Legal Document (Payment Possibly Required) 3 Filed: 3/1/2016, Entered: 3/1/2016
Filing fee: $ 400.00, receipt number 14683057435 (jlan)
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Legal Document (Payment Possibly Required) 2 Filed: 2/29/2016, Entered: 2/29/2016
Summons Issued as to All Defendants via SPS. (kgra, )
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Legal Document (Payment Possibly Required) 1 Filed: 2/29/2016, Entered: 2/29/2016
COMPLAINT against All Defendants ( Filing fee $ 400, receipt number xxxxx.), filed by 4A36BA1. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Letter)(kgra, ) Modified on 3/1/2016 (kgra, ).
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