MICHENER v. METROPOLITAN LIFE INSURANCE COMPANY

Federal Civil Lawsuit Pennsylvania Western District Court, Case No. 2:17-cv-00218
District Judge Nora Barry Fischer, presiding
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District Judge Nora Barry Fischer
Last Updated July 29, 2025 at 2:41 PM EDT (3.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [1075B91], Plaintiff

Represented by Feinstein Doyle Payne & Kravec, LLC

Name Phone Fax E-Mail
Space Tybe A. Brett +1 412 281 8400 +1 412 281 1007 tbrett@fdpklaw.com
Space Ruairi McDonnell +1 412 281 8400 +1 412 281 1007 rmcdonnell@fdpklaw.com
No Logo CATHY MICHENER, Plaintiff

Represented by Feinstein Doyle Payne & Kravec, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Tybe A. Brett +1 412 281 8400 +1 412 281 1007 tbrett@fdpklaw.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ruairi McDonnell +1 412 281 8400 +1 412 281 1007 rmcdonnell@fdpklaw.com
v.
Metropolitan Life Insurance Company Metropolitan Life Insurance Company, Defendant

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

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Peter D. Post +1 412 394 3343 +1 412 232 1799 peter.post@ogletreedeakins.com
No Logo THE VERIZON EMPLOYEE BENEFITS COMMITTEE, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Peter D. Post

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

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Peter D. Post +1 412 394 3343 +1 412 232 1799 peter.post@ogletreedeakins.com
No Logo VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Peter D. Post

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

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Peter D. Post +1 412 394 3343 +1 412 232 1799 peter.post@ogletreedeakins.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
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required)  Filed: 2/17/2017, Entered: None Unknown Document Type
Summons Issued as to METROPOLITAN LIFE INSURANCE COMPANY, THE VERIZON EMPLOYEE BENEFITS COMMITTEE, VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES. (ksa)
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Legal Document (Payment Possibly Required) 32 Filed: 10/24/2017, Entered: 10/24/2017 Court Filing
ORDER granting 31 Stipulation of Dismissal with prejudice, subject to the terms of said Stipulation. Signed by Judge Nora Barry Fischer on 10/24/17. (jg)
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Legal Document (Payment Possibly Required) 31 Filed: 10/24/2017, Entered: 10/24/2017
STIPULATION of Dismissal with Prejudice Pursuant to Fed. R. CIV. P. 41 by 1075B91. (Attachments: # 1 Proposed Order) (Brett, Tybe)
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Legal Document (Payment Possibly Required) 30 Filed: 8/31/2017, Entered: 8/31/2017 Court Filing
ORDER indicating that the Court having been advised by the Court appointed Mediator, Gerald Kobell, Esquire, that the above captioned case has been resolved (Document No. 29 ) and that the only matters remaining to be completed are the payment of the settlement proceeds, if any, and the submission of a stipulation for dismissal under Fed.R.Civ.P. 41(a), and, it appearing that there is no further action required by the Court at this time; It is hereby ordered that the Clerk mark the above-captioned case closed; that nothing contained in this Order shall be considered a dismissal or disposition of this action, and, that should further proceedings therein become necessary or desirable, either party may initiate them in the same manner as if this Order had not been entered, and that the Court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including, but not limited to, enforcing settlement. Signed by Judge Nora Barry Fischer on 8/31/17. (jg)
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Legal Document (Payment Possibly Required) 29 Filed: 8/31/2017, Entered: 8/31/2017
REPORT of Mediation: Case has been resolved. Attorney Gerald Kobell terminated. corrected copy The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 8/30/2017. (Kobell, Gerald)
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Legal Document (Payment Possibly Required) 28 Filed: 8/30/2017, Entered: 8/30/2017
REPORT of Mediation: Case has been resolved. GERALD KOBELL terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 8/30/2017. (Kobell, Gerald) Modified on 8/31/2017 to remove document from public view as document is blank. (ksa)
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Legal Document (Payment Possibly Required) 27 Filed: 6/9/2017, Entered: 6/9/2017 Court Filing
STIPULATION & CONFIDENTIALITY and PROTECTIVE ORDER. Signed by Judge Nora Barry Fischer on 6/9/17. (Attachments: # 1 Exhibit A) (jg)
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Legal Document (Payment Possibly Required) 26 Filed: 6/9/2017, Entered: 6/9/2017
STIPULATED PROTECTIVE ORDER by 1075B91. (Brett, Tybe)
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Legal Document (Payment Possibly Required) 25 Filed: 6/9/2017, Entered: 6/9/2017
AMENDED STIPULATION selecting ADR process by 1075B91. (Brett, Tybe) Modified on 6/12/2017 to add additional docket text. (ksa)
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Legal Document (Payment Possibly Required) 24 Filed: 6/2/2017, Entered: 6/2/2017 Court Filing
ORDER REFERRING CASE to Mediation. Gerald Kobell, Esquire is appointed as mediator; The ADR conference(s) shall be concluded on or before Friday, 9/1/17, pursuant to ADR Policies and Procedures Section 3.4.B, unless extended by order of the Court; Tybe A. Brett, Esquire is designated as lead counsel and shall be responsible for working with the parties and the neutral to coordinate an agreeable date, time and location for the initial ADR conference; It is the responsibility of lead counsel to insure that the date, time and location of the ADR session as well as the principals from each party, and insurance representatives, with full settlement authority, who will be in attendance at the ADR session, has been electronically filed with the Court on or before 6/9/17. The Court shall be promptly noticed of any rescheduled date for the scheduled conference. Signed by Judge Nora Barry Fischer on 6/2/17. (jg)
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Legal Document (Payment Possibly Required) 23 Filed: 6/2/2017, Entered: 6/2/2017 Court Filing
CASE MANAGEMENT ORDER: Disclosures shall be completed by 6/15/17. In lieu of initial disclosures, the Defendants shall produce the administrative record by the above date; Upon filing of Notice from the Neutral of completion of alternative dispute resolution, on or before 9/1/17, the Court shall Order a telephonic scheduling conference to determine whether or not Plaintiff wishes to file a motion for additional discovery and/or proceed to summary judgment. A suitable motion schedule will be issued at that time; Other details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 6/2/17. (jg)
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Legal Document (Payment Possibly Required) 22 Filed: 6/2/2017, Entered: 6/2/2017 Court Filing
ORDER Implementing Fed. R. Evid. 502(d) - Inadvertent Disclosure. Signed by Judge Nora Barry Fischer on 6/2/17. (jg)
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Legal Document (Payment Possibly Required) 21 Filed: 6/2/2017, Entered: 6/2/2017 Court Filing
Minute Entry for proceedings held before Judge Nora Barry Fischer: Case Management Conference held on 6/1/17 (details of proceeding more fully stated in memo); Appropriate Orders to follow. (Court Reporter: None) (jg)
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Legal Document (Payment Possibly Required) 20 Filed: 5/25/2017, Entered: 5/25/2017 Court Filing
ORDER indicating that the Case Management Conference set for 6/1/17 at 5:15 PM is re-set for 6/1/17 at 4:00 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 5/25/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Legal Document (Payment Possibly Required) 19 Filed: 5/25/2017, Entered: 5/25/2017 Court Filing
ORDER granting 18 Joint Motion For Leave for Plaintiff and Defendants' Representative to Attend the Initial Case Management Conference, scheduled for 6/1/2017 by telephone. Signed by Judge Nora Barry Fischer on 5/25/17. (jg) Modified on 5/26/2017 to add additional docket text. (ksa)
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Legal Document (Payment Possibly Required) 18 Filed: 5/24/2017, Entered: 5/24/2017
Joint MOTION For Leave for Plaintiff and Defendants' Representative to Attend the Initial Case Management Conference by Telephone by METROPOLITAN LIFE INSURANCE COMPANY, THE VERIZON EMPLOYEE BENEFITS COMMITTEE, VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES. (Attachments: # 1 Proposed Order) (Post, Peter)
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Legal Document (Payment Possibly Required) 17 Filed: 5/12/2017, Entered: 5/12/2017
STIPULATION selecting ADR process by METROPOLITAN LIFE INSURANCE COMPANY, THE VERIZON EMPLOYEE BENEFITS COMMITTEE, VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES. (Post, Peter)
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Legal Document (Payment Possibly Required) 16 Filed: 5/12/2017, Entered: 5/12/2017
REPORT of Rule 26(f) Planning Meeting. (Post, Peter)
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Legal Document (Payment Possibly Required) 15 Filed: 4/26/2017, Entered: 4/26/2017 Court Filing
ORDER granting 14 Consent Motion to Reschedule Initial Case Management Conference; that the Case Management Conference set for 5/17/17 at 2:00 PM is re-set for 6/1/17 at 5:15 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 4/26/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Legal Document (Payment Possibly Required) 14 Filed: 4/25/2017, Entered: 4/25/2017
Consent MOTION to Reschedule Initial Case Management Conference by 1075B91. (Attachments: # 1 Proposed Order) (Brett, Tybe)
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Legal Document (Payment Possibly Required) 13 Filed: 4/20/2017, Entered: 4/20/2017 Court Filing
MEMORANDUM ORDER indicating that the parties' Rule 26 Meeting Report and Stipulation Selecting ADR Process are due by 5/10/17; A Case Management Conference is set for 5/17/17 at 2:00 PM in Courtroom 5C before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 4/20/17. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (jg)
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Legal Document (Payment Possibly Required) 12 Filed: 4/20/2017, Entered: 4/20/2017
DEFENDANTS' ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by METROPOLITAN LIFE INSURANCE COMPANY, THE VERIZON EMPLOYEE BENEFITS COMMITTEE, VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES. (Post, Peter)
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Legal Document (Payment Possibly Required) 11 Filed: 3/14/2017, Entered: 3/14/2017
WAIVER OF SERVICE Returned Executed by 1075B91. THE VERIZON EMPLOYEE BENEFITS COMMITTEE waiver sent on 2/20/2017, answer due 4/21/2017. (Brett, Tybe)
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Legal Document (Payment Possibly Required) 10 Filed: 3/14/2017, Entered: 3/14/2017
WAIVER OF SERVICE Returned Executed by 1075B91. VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES waiver sent on 2/20/2017, answer due 4/21/2017. (Brett, Tybe)
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Legal Document (Payment Possibly Required) 9 Filed: 3/14/2017, Entered: 3/14/2017
WAIVER OF SERVICE Returned Executed by 1075B91. METROPOLITAN LIFE INSURANCE COMPANY waiver sent on 2/20/2017, answer due 4/21/2017. (Brett, Tybe)
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Legal Document (Payment Possibly Required) 8 Filed: 3/14/2017, Entered: 3/14/2017
SUMMONS/Return of Service Returned Executed by 1075B91. THE VERIZON EMPLOYEE BENEFITS COMMITTEE served on 2/20/2017, answer due 3/13/2017. (Brett, Tybe) Document removed from public view and redockted at 11 . Modified on 3/14/2017. (ept)
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Legal Document (Payment Possibly Required) 7 Filed: 3/14/2017, Entered: 3/14/2017
SUMMONS/Return of Service Returned Executed by 1075B91. VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES served on 2/20/2017, answer due 3/13/2017. (Brett, Tybe) Document removed from public view and redockted at 10 . Modified on 3/14/2017. (ept)
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Legal Document (Payment Possibly Required) 6 Filed: 3/14/2017, Entered: 3/14/2017
SUMMONS/Return of Service Returned Executed by 1075B91. METROPOLITAN LIFE INSURANCE COMPANY served on 2/20/2017, answer due 3/13/2017. (Brett, Tybe) Document removed from public view and redockted at 9 . Modified on 3/14/2017. (ept)
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Legal Document (Payment Possibly Required) 5 Filed: 3/14/2017, Entered: 3/14/2017
Disclosure Statement identifying METLIFE, INC. as corporate parent or other affiliate, by METROPOLITAN LIFE INSURANCE COMPANY. (Post, Peter)
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Legal Document (Payment Possibly Required) 4 Filed: 3/14/2017, Entered: 3/14/2017
NOTICE of Appearance by Peter D. Post on behalf of METROPOLITAN LIFE INSURANCE COMPANY, THE VERIZON EMPLOYEE BENEFITS COMMITTEE, VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES. (Post, Peter)
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Legal Document (Payment Possibly Required) 3 Filed: 2/21/2017, Entered: 2/21/2017
NOTICE of Appearance by Ruairi McDonnell on behalf of 1075B91. (McDonnell, Ruairi)
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Legal Document (Payment Possibly Required) 2 Filed: 2/21/2017, Entered: 2/21/2017
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg)
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Legal Document (Payment Possibly Required) 1 Filed: 2/16/2017, Entered: 2/17/2017
COMPLAINT against METROPOLITAN LIFE INSURANCE COMPANY, THE VERIZON EMPLOYEE BENEFITS COMMITTEE, VERIZON LONG-TERM DISABILITY PLAN FOR MID-ATLANTIC ASSOCIATES (Filing fee, including Administrative fee, $400, receipt number 0315-4243832), filed by 1075B91. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Metropolitan Life Insurance Company, # 3 Summons for Verizon Long-Term Disability Plan for Mid-Atlantic Associates, # 4 Summons for The Verizon Employee Benefits Committee) (ksa)
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