Schwartz v. Metropolitan Life :: Arizona District Court :: Federal Civil Lawsuit No. 2:01-cv-02075-MHM, Judge Mary H. Murguia presiding

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100	Filed: 7/12/2007, Entered: 7/12/2007	Order on Motion for Attorney Fees
	ORDER - IT IS ORDERED that Plaintiff's [85] Motion for Reconsideration is denied. FURTHER ORDERED that the Clerk shall strike Exhibit 2 to [86] Plaintiff's Prejudgment Interest Calculation. FURTHER ORDERED that Plaintiff's [86] Motion for Prejudgment Interest Calculation is granted. FURTHER ORDERED that Plaintiff's [79] Motion for an Award of Attorneys' Fees and Related Non-Taxable Expenses is granted. Signed by Judge Mary H Murguia on 6/29/07.(SAT)


99	Filed: 3/9/2007, Entered: 3/9/2007	Supplement
	SUPPLEMENTAL CITATION of Authority in Support, re [79] MOTION for Attorney Fees by Plaintiff Mark J Schwartz. (REW, )


98	Filed: 3/9/2007, Entered: 3/9/2007	Order on Motion For Leave to File.
	ORDER granting Plaintiff's [95] Motion for Leave to File Supplemental Citation of Authoritiy in Support of his Motion for Attorneys' Fees. Signed by Judge Mary H Murguia on 3/8/07.(REW, )


97	Filed: 3/7/2007, Entered: 3/7/2007	Other Notice
	Notice re Proposed Order by Mark J Schwartz re [95] MOTION for Leave to File Supplemental Citation of Authority in Support of His Motion for Attorneys' Fees (Waugh, Richard)


96	Filed: 3/7/2007, Entered: 3/7/2007	Lodged Proposed Document
	LODGED Proposed Plaintiff's Supplemental Citation of Authority in Support of His Motion For Attorneys' Fees re: [79] MOTION for Attorney Fees & Related Non-Taxable Expenses, [95] MOTION for Leave to File Supplemental Citation of Authority in Support of His Motion for Attorneys' Fees. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Mark J Schwartz. (Waugh, Richard)


95	Filed: 3/7/2007, Entered: 3/7/2007, Terminated: 3/9/2007	Motion for Leave to File
	MOTION for Leave to File Supplemental Citation of Authority in Support of His Motion for Attorneys' Fees by Mark J Schwartz. (Waugh, Richard)


94	Filed: 1/16/2007, Entered: 1/16/2007	Reply to Response to Motion
	REPLY to Response to Motion re [79] MOTION for Attorney Fees & Related Non-Taxable Expenses filed by Mark J Schwartz. (Waugh, Richard)


93	Filed: 12/29/2006, Entered: 12/29/2006	Response
	RESPONSE re [89] Memorandum,, Response In Opposition to Plaintiff's Memorandum in Support of Motion for Attorneys' Fees Pursuant to Local Rule 54.2 by Defendants Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (Attachments: # (1) Exhibit A)(Hyland, Timothy)


92	Filed: 12/19/2006, Entered: 12/19/2006	Taxation of Costs
	Taxation of Costs in amount of $ 1,336.10 against Defendants.Signed by Chief Deputy Michael O'Brien on 12/19/06. (AMS, )


91	Filed: 12/15/2006, Entered: 12/15/2006	Order
	ORDER re [90] IT IS HEREBY ORDERED that Defendants, Metropolitan Life Insurance Company (MetLife) and American Express Long Term Disability (LTD) Benefit Plan, shall have an extension up to and including December 29, 2006, to file a Response to Plaintiffs Memorandum in Support of Motion for Award of Attorneys Fees. Signed by Judge Mary H. Murguia on 12/14/06. (MHM)


90	Filed: 12/14/2006, Entered: 12/14/2006, Terminated: 6/1/2008	Stipulation
	STIPULATION for Extension of Time to File Response to Plaintiff's Memorandum In Support of Motion for Award of Attorneys' Fees by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (Attachments: # (1) Text of Proposed Order)(Hyland, Timothy)


89	Filed: 12/1/2006, Entered: 12/1/2006	Memorandum
	MEMORANDUM re: Plaintiff's Memorandum in Support of Motion for Award of Attorneys' Fees re [79] MOTION for Attorney Fees & Related Non-Taxable Expenses by Plaintiff Mark J Schwartz. (Attachments: # (1) Exhibit A - Consultation Statement by Moving Counsel# (2) Exhibit B - Statement re Fee Agreement# (3) Exhibit C - Itemized Statement of Attorneys' Fees# (4) Exhibit D - Declaration of Plaintiff's Counsel in Support of Motion for Attorneys' Fees# (5) Exhibit E - Counters Declaration# (6) Exhibit F - Grimwood Declaration# (7) Exhibit F - Martin Declaration)(Waugh, Richard) Attachment 4 Exhibit D - Declaration of Plaintiff's Counsel in Support of Motion for Attorneys' Fees Attachment 5 Exhibit E - Counters Declaration Attachment 6 Exhibit F - Grimwood Declaration Attachment 7 Exhibit F - Martin Declaration Attachment 8


88	Filed: 11/27/2006, Entered: 11/27/2006	Response in Opposition to Motion
	RESPONSE in Opposition re [85] MOTION for Reconsideration re [84] Order on Motion for Miscellaneous Relief,, Pursuant to Local Rule 7.2(G) filed by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (Hyland, Timothy)


87	Filed: 11/17/2006, Entered: 11/17/2006	Response to Motion
	RESPONSE to Motion re [86] MOTION for Prejudgment Interest Calculation re [84] Order on Motion for Miscellaneous Relief,, filed by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (Hyland, Timothy)


86	Filed: 11/14/2006, Entered: 11/14/2006, Terminated: 7/12/2007	Motion for Miscellaneous Relief
	STRICKEN (EXHIBIT 2 ONLY) PER DOC #100 - MOTION for Prejudgment Interest Calculation re [84] Order on Motion for Miscellaneous Relief,, by Mark J Schwartz. (Attachments: # (1) Exhibit 1 - Interest Calculation# (2) Exhibit 2 - Interest Calculation)(Waugh, Richard) Modified on 7/12/2007 (SAT). Attachment 3 Exhibit 2 - Interest Calculation


85	Filed: 11/9/2006, Entered: 11/9/2006, Terminated: 7/12/2007	Motion for Reconsideration
	MOTION for Reconsideration re [84] Order on Motion for Miscellaneous Relief,, Pursuant to Local Rule 7.2(G) by Mark J Schwartz. (Waugh, Richard)


84	Filed: 11/3/2006, Entered: 11/3/2006	Order on Motion for Miscellaneous Relief
	ORDER granting [78] Motion for Additional Findings, Conclusions, and Judgments in accordance with this Order. IT IS FURTHER ORDERED that Pla shall determine pre-judgment interest in accordance with 28 U.S.C. #1961 to be calculated from 07/29/01 through the 09/29/06 Judgment. Pla shall file his determination with the Court by 11/14/06. IT IS FURTHER ORDERED that Defendants shall have 5 days from the date Pla submits his pre-judgment interest determination in which to file any new objections to Pla's determination. Signed by Judge Mary H Murguia on 11/03/06. (DNH, )


83	Filed: 11/2/2006, Entered: 11/2/2006	Notice of Filer of Deficiency
	NOTICE TO FILER OF DEFICIENCY re [82] Reply filed by Mark J Schwartz,. Description of deficiency: Incorrect document type selected.. (TLJ)


82	Filed: 11/1/2006, Entered: 11/1/2006	Reply
	REPLY IN SUPPORT OF MOTION re [78] MOTION for Additional Findings & Conclusions & Amended Order & Judgment Per Rule 52(b) re [76] Order,,,, [77] Clerk's Judgment,, [81] Response in Opposition to Motion, by Plaintiff Mark J Schwartz. (Waugh, Richard) Modified on 11/2/2006 (TLJ). INCORRECT DOCUMENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM REPLY TO REPLY IN SUPPORT OF MOTION.


81	Filed: 10/25/2006, Entered: 10/25/2006	Response in Opposition to Motion
	RESPONSE in Opposition re [78] MOTION for Additional Findings & Conclusions & Amended Order & Judgment Per Rule 52(b) re [76] Order,,,, [77] Clerk's Judgment, filed by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (Hyland, Timothy)


80	Filed: 10/16/2006, Entered: 10/16/2006	Bill of Costs - Affidavit/Supporting Documents
	AFFIDAVIT/SUPPORTING DOCUMENT to BILL OF COSTS by Mark J Schwartz. (Attachments: # (1) Exhibit Proof of Costs)(Waugh, Richard)


79	Filed: 10/16/2006, Entered: 10/16/2006, Terminated: 7/12/2007	Motion for Attorney Fees
	MOTION for Attorney Fees & Related Non-Taxable Expenses by Mark J Schwartz. (Attachments: # (1) Text of Proposed Order Awarding Attorney's Fees and Non-Taxable Expenses)(Waugh, Richard) Attachment 2


78	Filed: 10/13/2006, Entered: 10/13/2006, Terminated: 11/3/2006	Motion for Miscellaneous Relief
	MOTION for Additional Findings & Conclusions & Amended Order & Judgment Per Rule 52(b) re [76] Order,,,, [77] Clerk's Judgment, by Mark J Schwartz. (Waugh, Richard)


77	Filed: 10/2/2006, Entered: 10/2/2006	Clerks Judgment
	CLERK'S JUDGMENT pursuant to the Court's order filed this date and upon the Court's instruction therein, judgment is entered for the Plaintiff and against Defendants Metropolitan Life Insurance Company, and American Express LTD Benefit Plan in the amount of $11,422.33 per month plus interest as appropriate. Judgment in favor of Plaintiff on his claim for ERISA benefits and against Defendants. This complaint and action are hereby dismissed. (DNH, )


76	Filed: 9/29/2006, Entered: 10/2/2006	Order
	ORDER that the Court finds in favor of Plaintiff and against Defendants onPlaintiff's claim for ERISA benefits. IT IS FURTHER ORDERED that Defendants shall pay to Plaintiff long termdisability benefits in the amount of $11,422.33 per month, plus interest as appropriate, under the terms of the Plan commencing July 29, 2001 up to and through the date of Judgment. IT IS FURTHER ORDERED that Judgment shall be entered in favor of Plaintiff on his claim for ERISA benefits and against Defendants. IT IS FURTHER ORDERED that Plaintiff may file a motion seeking costs and attorney's fees in accordance with applicable authority, including statutes and rules, as appropriate, and LRCiv. 54.1 and 54.2, Rules of Practice Civil, District of Arizona. Signed by Judge Mary H Murguia on 09/29/06. (DNH, )


75	Filed: 5/5/2006, Entered: 5/5/2006	Proposed Findings of Fact
	PROPOSED FINDINGS OF FACT and Conclusions of Law by Plaintiff Mark J Schwartz. (Waugh, Richard)


74	Filed: 5/5/2006, Entered: 5/5/2006	Proposed Findings of Fact
	PROPOSED FINDINGS OF FACT And Conclusions of Law by Defendants Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (Hyland, Timothy)


73	Filed: 4/14/2006, Entered: 4/18/2006	Sealed Document +
	Sealed Documents:Admin Record and 2 depos filed by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (placed on shelf in file room) (DMT, )


72	Filed: 4/14/2006, Entered: 4/14/2006	Other Notice
	Notice re Notice of Filing Entire Administrative Record and Original Depositions of Laura Sullivan and David Cohen by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan (Hyland, Timothy)


71	Filed: 4/14/2006, Entered: 4/14/2006	Order
	ORDER dfts shall file in hard copy the entire unredacted Administrative Record and transcripts of the testimony of Laura Sullivan and David Cohen under seal by 4/17/06. Signed by Judge Mary H Murguia on 4/13/06. (SBU)


70	Filed: 4/12/2006, Entered: 4/12/2006	Status Conference
	Minute Entry for proceedings held before Judge Mary H Murguia. Court Reporter: Merilyn Sanchez. Appearances: Richard Waugh for the plaintiff. Timothy Hyland for the defendant. Status Hearing held. Discussion held regarding the route the Court will take to rule on the Administrative Record. There being no objection, IT IS ORDERED that the Administrative Record, along with the two depositions be filed under seal. Order to follow. [This is a TEXT ONLY entry. There is no.pdf document attached.](KSP)


69	Filed: 4/4/2006, Entered: 4/4/2006	Set Hearings
	Minute Order: The Court ORDERS setting this matter for Status Hearing on April 12, 2006 at 4:00 p.m. before the Honorable Mary H. Murguia. [This is a TEXT ONLY entry. There is no.pdf document attached.](KSP)


68	Filed: 3/31/2006, Entered: 4/3/2006	Order on Motion for Summary Judgment
	ORDER denying [60] Motion for Summary Judgment FURTHER ORDERED denying [61] Motion for Summary Judgment FURTHER ORDERED that Dfts shall file the entire administrative record by 4/17/06 FURTHER ORDERED that the parties shall file proposed findings of fact and conclusions of law by 5/5/06. Signed by Judge Mary H Murguia on 3/31/06. (MAP, )


67	Filed: 9/8/2005, Entered: 9/8/2005	Reply to Response to Motion
	REPLY to Response to Motion re [61] MOTION for Summary Judgment, [60] MOTION for Summary Judgment Based on the Administrative Record filed by Mark J Schwartz. (Waugh, Richard)


66	Filed: 9/7/2005, Entered: 9/7/2005	Notice of Filer of Deficiency
	NOTICE TO FILER OF DEFICIENCY re [65] Reply to Response to Motion filed by Mark J Schwartz. Description of deficiency: Document does not contain a signature. (KCS)


65	Filed: 9/6/2005, Entered: 9/6/2005	Reply to Response to Motion
	REPLY to Response to Motion re [61] MOTION for Summary Judgment, [60] MOTION for Summary Judgment Based on the Administrative Record filed by Mark J Schwartz. (Waugh, Richard) Modified on 9/7/2005 (KCS). DOCUMENT DOES NOT CONTAIN A SIGNATURE. ATTORNEY NOTICED TO REFILE.


64	Filed: 9/6/2005, Entered: 9/6/2005	Reply to Response to Motion
	REPLY to Response to Motion re [60] MOTION for Summary Judgment filed by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (Fletcher, Krista)


63	Filed: 8/15/2005, Entered: 8/15/2005	Response to Motion
	RESPONSE to Motion re [61] MOTION for Summary Judgment on the Administrative Record filed by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (Fletcher, Krista)


62	Filed: 8/15/2005, Entered: 8/15/2005	Response to Motion
	RESPONSE to Motion re [61] MOTION for Summary Judgment, [60] MOTION for Summary Judgment Plaintiff's Response to Defendant's Motion for Summary Judgment Based on the Administrative Record filed by Mark J Schwartz. (Waugh, Richard)


61	Filed: 7/15/2005, Entered: 7/19/2005	Motion for Summary Judgment
	MOTION for Summary Judgment on the Administrative Record by Mark J Schwartz. (KCS)


60	Filed: 7/15/2005, Entered: 7/19/2005, Terminated: 3/31/2006	Motion for Summary Judgment
	MOTION for Summary Judgment on the administrative record by Metropolitan Life Insurance Company, American Express Long Term Disability (LTD) Benefit Plan. (KCS)


59	Filed: 7/15/2005, Entered: 7/18/2005	ERRATA
	NOTICE OF ERRATA re [20] Separate Statement of Facts in Support of Defendant Metropolitan Life Insurance Company Motion for Summary Judgment. Filed by Metropolitan Life Insurance Company (RDS)


--	Filed: 6/28/2005, Entered: 6/28/2005	Appeal Record Returned
	Original Record Returned from 9th Circuit re NOTICE OF APPEAL [46-1]; 1 volume clerk's record; 2 bulky documents (#20, 26) in one expando (REW)


58	Filed: 6/21/2005, Entered: 6/21/2005	Order
	ORDER by Judge Mary H. Murguia that on or before 7/15/05 the parites shall file cross motions for summary judgment based on the administrative record. The parties' cross motions for summary judgment shall not exceed 30 pages. IT IS FURTHER ORDERED that the parties may cite or refer to the separate statements of fact already filed in this matter, Either party may file supplemental statements of fact only to the extent additional factual information is necessary and in order to supplement the statements of fact already filed in this case. IT IS FURTHER ORDERED that responses on summary judgment shall be filed by 8/15/05 and shall not exceed 20 pages. IT IS FURTHER ORDERED that any reply on sum jgm shall be filed by 9/6/05 and shall not exceed 10 pages. IT IS FURTHER ORDERED that any party may request oral argument by noting the request on its sum jgm papers. (cc: all counsel) re: order filed [58-1] (LSP)


57	Filed: 6/1/2005, Entered: 6/3/2005	Amended Document (NOT Motion/Complaint)
	AMENDED joint proposal for further proceedings per status hrg of 5/31/05 by pla, dfts (DMT)


56	Filed: 5/31/2005, Entered: 5/31/2005	Minutes-Miscellaneous
	MINUTE ENTRY before Judge Mary H. Murguia. Crt Rptr: Liz Lemke. Appearances: Richard Waugh for the plaintiff. Timothy Hyland for the defendant. Status Hearing re: remand held. Discussion held. The Court DIRECTS counsel to file a joint proposed order summarizing their verbal briefing proposal, which shall incorporate the deadlines mentioned this date not later than Monday, June 6, 2005. ] [56-2] (KSB)


55	Filed: 5/19/2005, Entered: 5/24/2005	Motion for Hearing or Conference
	JOINT MOTION (Proposal)) for further proceedings re resolution of pending issues by pla, dfts [55-1] (MAP)


54	Filed: 5/9/2005, Entered: 5/9/2005	Order
	ORDER by Judge Mary H. Murguia the Court having received notice that the Judgment entered in this case has been reversed and this cause and action remanded, and the mandate having issued by the Court of Appeals for the 9th Circuit, counsel shall appear at a status hearing ; status hearing set for 4:00 5/31/05 ; to discuss further proceedings in this case consistent with the directive of the Court of Appeals. Counsel shall meet and confer at least 3 days in advance of the status hearing and shall be prepared to submit to the Court a suggested proposal regarding all outstanding issues. (cc: all counsel) (LSP)


53	Filed: 5/3/2005, Entered: 5/3/2005	Mandate of 9th Circuit
	CERTIFIED COPY of 9th Circuit Mandate reversing and remanding the decision of the District Court; we reverse and remand with instructions to apply a de novo standard of review, re: 03-16883 [46-1] Case reopened [53-1] [53-1] (cc: all counsel/judge) (REW)


--	Filed: 5/3/2005, Entered: 5/3/2005	Appeal File Return Request
	Request sent for USDC file to be returned from 9th Circuit (REW)


52	Filed: 3/9/2005, Entered: 3/9/2005	Order of 9th Circuit
	Copy of 9th Circuit Order; this case shall be submitted on the briefs and record without oral argument on 3/18/05 in Phx AZ, re: 03-16883 [46-1] (cc: judge) (REW)


--	Filed: 2/16/2005, Entered: 2/16/2005	Acknowledgment of Receipt of ROA
	LETTER OF TRANSMITTAL from 9th Circuit acknowledging receipt of District Court record. (re: NOTICE OF APPEAL [46-1] ) (REW)


--	Filed: 2/8/2005, Entered: 2/8/2005	Appeal Record Sent to USCA
	Clerk's record on appeal transmitted to 9th Circuit re NOTICE OF APPEAL [46-1]; 1 volume clerk's record; 2 bulky documents (#20, 26) in one expando (REW)


51	Filed: 7/20/2004, Entered: 7/20/2004	Order
	ORDER by Judge Mary H. Murguia denying motion to have the Court publish its 9/1/03 order by dft Metropolitan Life [45-1] (cc: all counsel) (REW)


50	Filed: 4/8/2004, Entered: 4/8/2004	Order of 9th Circuit
	Copy of 9th Circuit Order; optional reply brief now due 4/29/04, re: 03-16883 [46-1] (cc: judge) (REW)


49	Filed: 1/16/2004, Entered: 1/16/2004	Order of 9th Circuit
	Copy of 9th Circuit Order; remaining briefing schedule reset court records do not currently reflect that the district court has issued the certificate of record; appellant shall monitor the issuance of the certificate, re: 03-16883 [46-1] (cc: judge) (NOTE: certificate issued 1/14/04) (REW) Modified on 06/28/2005


--	Filed: 1/14/2004, Entered: 1/14/2004	Certificate of Record
	Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [46-1] (REW)


48	Filed: 1/13/2004, Entered: 1/14/2004	Transcript Order Form - Appeal
	Transcript Designation and Ordering Form by pla Mark J Schwartz re NOTICE OF APPEAL [46-1]; no transcripts being ordered (REW)


--	Filed: 10/17/2003, Entered: 10/17/2003	USCA Case Number
	Notification by 9th Circuit of Appellate Docket Number 03-16883 re NOTICE OF APPEAL [46-1] (REW)


--	Filed: 10/1/2003, Entered: 10/1/2003	Notice of Appeal - Notification Form
	APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [46-1] (REW)


--	Filed: 10/1/2003, Entered: 10/1/2003	Appeal Remark
	Civil Appeals Docketing Statement forwarded to 9th Circuit re NOTICE OF APPEAL [46-1] (REW)


47	Filed: 9/29/2003, Entered: 9/29/2003	Statement
	REPRESENTATION STATEMENT by pla Mark J Schwartz re NOTICE OF APPEAL [46-1] (former emp)


46	Filed: 9/29/2003, Entered: 9/29/2003, Terminated: 5/3/2005	Notice of Appeal
	NOTICE OF APPEAL by pla Mark J Schwartz from District Court judgment [44-2], order filed [43-1] (cc: 9CCA/All Counsel/judge) (former emp)


--	Filed: 9/29/2003, Entered: 9/29/2003	USCA Appeal Fees
	Received $105.00 appeal fee re NOTICE OF APPEAL [46-1] (former emp)


45	Filed: 9/18/2003, Entered: 9/23/2003, Terminated: 7/20/2004	Motion for Miscellaneous Relief
	MOTION (NOTICE OF REQUEST) to have the Court publish its 9/1/03 order by dft Metropolitan Life [45-1] (LAD)


44	Filed: 9/3/2003, Entered: 9/3/2003	Judgment*
	JUDGMENT: re: order filed [43-1] to dismiss case ; ORDERED AND ADJUDGED that the Court having granted the motion for summary judgment by dft Metropolitan Life [19-1], pla take nothing and the complaint and this action are hereby dismissed (cc: all counsel/jgm drawer) (LAD)


43	Filed: 9/3/2003, Entered: 9/3/2003	Order
	ORDER by Judge Mary H. Murguia granting motion for summary judgment by dft Metropolitan Life [19-1]; denying motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1]; FURTHER ORDERED that the Clerk of COurt shall enter judgment accordingly (cc: all counsel) (LAD)


42	Filed: 7/28/2003, Entered: 7/29/2003	Minutes-Miscellaneous
	MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Lisa Fettis. Present: Richard Waugh for pla; Stephanie CHilton for dft. Motion hearing held;taking under advisement on 7/28/03 the motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1], taking under advisement on 7/28/03 the motion for summary judgment by dft Metropolitan Life [19-1] [42] (former emp)


41	Filed: 7/3/2003, Entered: 7/3/2003	Reply to Response to Motion
	REPLY by pla Mark J Schwartz to response to motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1] (LAD)


40	Filed: 7/3/2003, Entered: 7/3/2003	Order
	ORDER by Judge Mary H. Murguia granting motion to exceed the page limit for doc(s) reply by pla, dfts [39-1] (proposed reply in support of cross-motion for summary judgment by pla lodged at docket clerk's desk) (cc: all counsel) (LAD)


39	Filed: 6/19/2003, Entered: 6/20/2003, Terminated: 7/3/2003	Motion for Leave to File Excess Pages
	MOTION PURSUANT TO STIPULATION to exceed the page limit for doc(s) reply by pla, dfts [39-1] (proposed reply in support of cross-motion for summary judgment by pla lodged at docket clerk's desk) (LAD)


--	Filed: 6/19/2003, Entered: 6/20/2003	Lodged Document
	LODGED reply in support of cross-motion for summary judgment by pla Mark J Schwartz (LAD)


38	Filed: 5/23/2003, Entered: 5/23/2003	Order
	ORDER by Judge Mary H. Murguia granting stipulation to Extend Metropolitan Life Insurance Company's Time until 5/19/03 to File a Combined Response to Plaintiff's Cross-Motion for Summary Judgment [25-1] and Reply in Support of its Motion for Summary Judgment [19-1] by pla, dft; FURTHER ORDERED pla shall have until 6/19/03 to file a reply in support of his cross-motion for summary judgment (cc: all counsel) (LAD)


37	Filed: 5/19/2003, Entered: 5/22/2003	Statement
	CONTROVERTING STATEMENT OF FACTS by dfts in opposition to pla's statement of facts in support of his cross-motion for summary judgment [26-1] (LAD)


36	Filed: 5/19/2003, Entered: 5/22/2003	Reply to Response to Motion
	REPLY by dft Metropolitan Life to response to motion for summary judgment by dft Metropolitan Life [19-1] (LAD)


36	Filed: 5/19/2003, Entered: 5/22/2003	Response to Motion
	RESPONSE by dft Metropolitan Life to motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1] (LAD)


35	Filed: 5/13/2003, Entered: 5/15/2003	Stipulation
	STIPULATION to Extend Metropolitan Life Insurance Company's Time until 5/19/03 to File a Combined Response to Plaintiff's Cross-Motion for Summary Judgment [25-1] and Reply in Support of its Motion for Summary Judgment [19-1] by pla, dft (final request) (SAT)


34	Filed: 5/12/2003, Entered: 5/15/2003	Notice of Change of Address
	NOTICE by dft of change of address of counsel firm - Bess Kunz, 3838 N Central Avenue, Suite 1500, Phoenix, AZ 85012-1902, same phone numbers (CMM)


33	Filed: 4/25/2003, Entered: 4/28/2003	Notice of Change of Address
	NOTICE by dfts of change of firm address: Timothy R Hyland, Bess Kunz, 3838 N Central Ave, Ste 1500, Phoenix, AZ 85012-1902, phone and fax numbers to remain the same (cc: atty maint) (LAD)


32	Filed: 3/12/2003, Entered: 3/12/2003	Order
	ORDER by Judge Mary H. Murguia granting stipulation to extend time to file a combined response to motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1] and reply in support of motion for summary judgment by dft Metropolitan Life [19-1] (to 5/14/03) by pla, dfts (proposed response and reply not provided); MetLife shall have until 5/14/03 to file a combined response to pla's cross-motion for summary judgment and reply in support of its motion for summary judgment; FURTHER ORDERED that pla shall have till 6/11/03 to file a reply in support of his cross-motion for summary judgment (cc: all counsel) (LAD)


31	Filed: 3/6/2003, Entered: 3/10/2003	Stipulation
	STIPULATION to extend time to file a combined response to motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1] and reply in support of motion for summary judgment by dft Metropolitan Life [19-1] (to 5/14/03) by pla, dfts (proposed response and reply not provided) (LAD)


30	Filed: 3/3/2003, Entered: 3/3/2003	Minute Order - Miscellaneous
	MINUTE ORDER Due to the Court's calendar, hearing on motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25] and motion for summary judgment by dft Metropolitan Life [19-1] set for 5/5/03 is vacated and reset to 3:00PM, 7/28/03 (cc: all counsel) [30] (former emp)


29	Filed: 2/12/2003, Entered: 2/12/2003	Order
	ORDER by Judge Mary H. Murguia granting stipulation to extend time for dft Metropolitan Life Insurance Company's combined response to motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1] and reply in support of motion for summary judgment by dft Metropolitan Life [19-1] (to 3/12/03) by pla Mark J Schwartz, dft Metropolitan Life (proposed response/reply not provided); FURTHER ORDERED that pla shall have until 4/7/03 to file a reply in support of his cross-motion for summary judgment (cc: all counsel) (LAD)


28	Filed: 2/6/2003, Entered: 2/6/2003	Minute Order - Miscellaneous
	MINUTE ORDER setting motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) [25-1] and resp to mtn and cross-motion at 3:00PM, 5/5/03. (cc: all counsel) [28] (former emp)


27	Filed: 2/4/2003, Entered: 2/5/2003	Stipulation
	STIPULATION to extend time for dft Metropolitan Life Insurance Company's combined response to motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1] and reply in support of motion for summary judgment by dft Metropolitan Life [19-1] (to 3/12/03) by pla Mark J Schwartz, dft Metropolitan Life (proposed response/reply not provided) (LAD)


26	Filed: 1/10/2003, Entered: 1/14/2003	Statement
	STATEMENT OF FACTS by pla Mark J Schwartz in response to motion for summary judgment by dft Metropolitan Life [19-1] and in support of motion for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1] (BULKY DOCUMENT) (LAD)


25	Filed: 1/10/2003, Entered: 1/13/2003, Terminated: 2/12/2003	Motion for Summary Judgment
	CROSS-MOTION for summary judgment (seeking all ERISA disability payments which have been denied since dft improperly terminated his monthly benefits as of 7/29/01 together with interest, costs and attorney's fees) by pla Mark J Schwartz [25-1] and RESPONSE to motion for summary judgment by dft Metropolitan Life [19-1] by pla Mark J Schwartz (LAD)


24	Filed: 12/4/2002, Entered: 12/4/2002	Order
	ORDER by Judge Mary H. Murguia granting motion to extend time for responding to dfts' motion for summary judgment and for filing pla's cross-motion for summary judgment (until 1/10/03) by pla, dfts [23-1] (proposed response/cross- motion not provided); FURTHER ORDERED allowing both parties the full number of pages permitted by the local rules when pleadings are combined (cc: all counsel) (LAD)


23	Filed: 11/27/2002, Entered: 12/2/2002, Terminated: 12/4/2002	Motion for Extension of Time
	MOTION PURSUANT TO STIPULATION to extend time for responding to dfts' motion for summary judgment and for filing pla's cross-motion for summary judgment (until 1/10/03) by pla, dfts [23-1] (proposed response/cross- motion not provided) (LAD)


22	Filed: 11/7/2002, Entered: 11/7/2002	Minute Order - Miscellaneous
	MINUTE ORDER granting motion for oral argument on dft Metropolitan Life Ins Co's motion for summary judgment by dfts [21]. FURTHER ORDERED setting motion for summary judgment by dft Metropolitan Life [19] at 3:00PM, 5/5/03 (cc: all counsel) [22] (former emp)


21	Filed: 10/29/2002, Entered: 11/1/2002, Terminated: 11/7/2002	Motion for Hearing or Conference
	MOTION for oral argument on dft Metropolitan Life Ins Co's motion for summary judgment by dfts [21-1] (former emp)


20	Filed: 10/28/2002, Entered: 10/31/2002	Statement
	SEPARATE STATEMENT OF FACTS in support by dft Metropolitan Life re motion for summary judgment by dft Metropolitan Life [19-1] [19-1] (REW)


19	Filed: 10/28/2002, Entered: 10/31/2002, Terminated: 9/3/2003	Motion for Summary Judgment
	MOTION for summary judgment by dft Metropolitan Life [19-1] (REW)


18	Filed: 9/17/2002, Entered: 9/17/2002	Minute Order - Miscellaneous
	MINUTE ORDER granting motion to extend discovery cut-off and dispositive motion cut-off by pla, dfts [17] ORDERED discovery ddl set for 10/15/02; dispositive motions due 10/28/02 (cc: all counsel) [18] (former emp)


17	Filed: 9/11/2002, Entered: 9/13/2002, Terminated: 9/17/2002	Motion for Extension of Time
	JOINT MOTION PURSUANT TO STIPULATION to extend discovery cut-off and dispositive motion cut-off by pla, dfts [17-1] (CMM)


16	Filed: 8/16/2002, Entered: 8/22/2002	Witness List
	EXPERT WITNESS DISCLOSURE by dfts (CMM)


15	Filed: 8/14/2002, Entered: 8/16/2002	Other Notice
	NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (CMM)


14	Filed: 7/10/2002, Entered: 7/12/2002	Other Notice
	NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (CMM)


13	Filed: 7/8/2002, Entered: 7/9/2002	Minutes-Miscellaneous
	MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Kristen Bethel. By tele: Richard Waught for pla; Stephanie Tilton for dft. Status hearing held. Discovery ongoing; not in position for settlement conference at this time. ] [13] (former emp)


12	Filed: 4/15/2002, Entered: 4/18/2002	Other Notice
	NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dfts (CMM)


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11	Filed: 4/15/2002, Entered: 4/15/2002	Scheduling Order
	RULE 16 SCHEDULING ORDER by Judge Mary H. Murguia ; discovery due 9/13/02 ; dispositive motions due 9/27/02 (cc: all counsel) re: order (scheduling) [11-1] (CMM)


10	Filed: 4/8/2002, Entered: 4/9/2002	Minutes-Miscellaneous
	MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: M. Sanchez. Present: Richard Waugh for pla; Stephanie Chilton for dft. Prel scheduling conf held. Court reviews case management plan; order to issue. ORDERED dismissing dft American Express Long Term Disability Plan. ORDERED status hearing set for 3:30PM, 7/8/02 [10] (former emp)


9	Filed: 3/29/2002, Entered: 4/3/2002	Other Notice
	NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (CMM)


8	Filed: 3/27/2002, Entered: 4/1/2002	Report re: Rule 26(f) Planning Meeting
	PROPOSED CASE MGT PLAN by pla, dft (CMM)


7	Filed: 1/31/2002, Entered: 1/31/2002	Order
	ORDER by Judge Mary H. Murguia ; prel scheduling conf set for 4:30 4/8/02 parties to conduct an initial case management meeting at least 14 days before the conference; counsel shall jointly file their proposed case mangement plan and their proposed scheduling order with the clerk of court no less than 7 business days before the conference (cc: all counsel) (CMM)


6	Filed: 1/9/2002, Entered: 1/10/2002	Answer
	ANSWER to complaint [1-1] by dfts (CMM)


5	Filed: 12/7/2001, Entered: 12/12/2001	Waiver of Service Executed
	WAIVER of Service of summons and complaint upon dft Amer Express Long ; waiver sent on 10/26/01 (CMM)


4	Filed: 12/7/2001, Entered: 12/12/2001	Waiver of Service Executed
	WAIVER of Service of summons and complaint upon dft Metropolitan Life ; waiver sent on 10/26/01 (CMM)


3	Filed: 10/26/2001, Entered: 10/30/2001	Waiver of Service Executed
	WAIVER of Service of summons and complaint upon dft Amer Express Long ; waiver sent on (no date given) (CMM)


2	Filed: 10/26/2001, Entered: 10/30/2001	Waiver of Service Executed
	WAIVER of Service of summons and complaint upon dft Metropolitan Life ; waiver sent on (no date given) (CMM)


1	Filed: 10/25/2001, Entered: 10/25/2001	Complaint
	COMPLAINT FILED (SAT)