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 20 |
Filed: 11/23/2004, Entered: 11/23/2004 |
Stipulation |
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RULE 41 STIPULATION of dismissal pltf, pursuant to FRCP submits this stipulation of dismissal of the above-captioned action, pursuant to which pltf dismisses with prejudice this action. (mcke)
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Filed: 11/23/2004, Entered: 11/23/2004 |
Terminated Case |
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Case closed (mcke)
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| 19 |
Filed: 10/22/2004, Entered: 10/26/2004 |
Order |
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ORDER this matter is before the court on the deft's request to reschedule the parties motions for summary judgment and to schedule a settlement conference. On October 20, 2004, the court held a conference call with counsel from both parties to discuss defense counsel's scheduling requests. Pursuant to that conversation, the hearing on the parties' motions for summary judgment has been set for 12/3/04 at 10:00 a.m.. The parties must meet with a magistrate judge for a dispute resolution conference on or before 11/18/04. In the alternative, the parties may agree to meet with a private mediator, at no cost to the pltf, on or before 11/18/04. ORDERED that the parties motions for summary judgment is set to be heard on 12/3/04. The parties must participate in a dispute resolution conference with a magistrate judge, or in the alternative a private mediator at no cost to pltf, no later than 11/18/04. ( signed by Judge Gerald B. Lee ) Copies Mailed: yes [EOD Date: 10/26/04] (mcke)
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Filed: 10/21/2004, Entered: 10/21/2004 |
Set/Reset Deadlines: |
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Deadline updated; Motion Hearing Deadline before Judge Gerald B. Lee set for 10:00 12/3/04 for [14-1] motion by Unum Life Ins. Co., Unumprovident Corp. for Summary Judgment, set for 10:00 12/3/04 for [12-1] motion by James Swager memorandum to the court in support of judgment on a case stated (clar)
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Filed: 10/18/2004, Entered: 10/18/2004 |
Miscellaneous Document |
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CASE REFERRED to Mag Judge Liam O'Grady (kbar)
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| 18 |
Filed: 9/7/2004, Entered: 9/7/2004 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing Deadline before Judge Gerald B. Lee set for 10:00 10/22/04 for [14-1] motion by Unum Life Ins. Co., Unumprovident Corp. for Summary Judgment, set for 10:00 10/22/04 for [12-1] motion by James Swager memorandum to the court in support of judgment on a case stated (mcke)
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| 17 |
Filed: 8/13/2004, Entered: 8/16/2004 |
Response in Opposition to Motion |
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OPPOSITION by Unumprovident Corp., Unum Life Ins. Co. to [12-1] motion by James Swager memorandum to the court in support of judgment on a case stated (jcup)
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| 17 |
Filed: 8/13/2004, Entered: 8/16/2004 |
Response/Reply - Miscellaneous |
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REPLY BRIEF in support by Unumprovident Corp., Unum Life Ins. Co. of [14-1] motion by Unum Life Ins. Co., Unumprovident Corp. for Summary Judgment (jcup)
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| 16 |
Filed: 8/4/2004, Entered: 8/4/2004 |
Miscellaneous Document |
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Reply by James Swager to [15-1] brief by Unum Life Ins. Co., Unumprovident Corp., [15-1] opposition memorandum by Unum Life Ins. Co., Unumprovident Corp. (mcke)
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| 16 |
Filed: 8/4/2004, Entered: 8/4/2004 |
Remark |
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STATEMENT of material facts in dispute filed by plaintiff James Swager (filed together with reply to defts brief in support of their motion for summary judgment and in opposition to pltfs motion for judgment pursuant to FRCP 52(A) (mcke)
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| 15 |
Filed: 7/23/2004, Entered: 7/26/2004 |
Memorandum in Opposition |
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OPPOSITION by Unumprovident Corp., Unum Life Ins. Co. to [12-1] motion by James Swager memorandum to the court in support of judgment on a case stated (mcke)
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| 15 |
Filed: 7/23/2004, Entered: 7/26/2004 |
Miscellaneous Document |
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Brief by Unumprovident Corp., Unum Life Ins. Co. in support of [14-1] motion by Unum Life Ins. Co., Unumprovident Corp. for Summary Judgment (filed together with opposition to pltfs motion for judgment pursuant to FRCP 52(a).) (mcke)
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| 14 |
Filed: 7/23/2004, Entered: 7/26/2004 |
Motion for Summary Judgment |
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MOTION by Unum Life Ins. Co., Unumprovident Corp. for Summary Judgment (will notice) (mcke)
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Filed: 7/23/2004, Entered: 7/26/2004 |
Exhibit |
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Exhibits received by Unumprovident Corp., Unum Life Ins. Co. to deft's brief in support of their motion for summary judgment and in opposition to pltfs motion for judgment pursuant to FRCP 52(a). (3 large black binders) (mcke)
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| 13 |
Filed: 7/7/2004, Entered: 7/12/2004 |
Order |
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AMENDED SCHEDULING ORDER this matter is governed by the Employee Retirement Income Security Act of 1974 ("ERISA") 29 U.S.C. 1001, et seq. and is subject to a review of the claim administrator's decision. In lieu of a trial, the court establishes the following amended schedule for the consideration of this matter. Defts will file their brief in opposition to pltfs motion for judgment pursuant to FRCP 52 in support of their motion for summary judgment, if any, on or before 7/23/04. Pltf may file a rebuttal brief on or before 8/4/04. Defts may file a reply to pltfs rebuttal brief on or before 8/13/04. Pltf reserves his opportunity to seek discovery from defts. Defts reserve their right to object to same. The parties may bring any such discovery dispute to the court for resolution. The parties may contact the court to schedule any oral argument on the motions if they choose to have one. The final pretrial conference is cancelled. ( signed by Judge Gerald B. Lee ) Copies Mailed: yes [EOD Date: 7/12/04] (mcke)
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| 12 |
Filed: 6/25/2004, Entered: 6/28/2004 |
Motion for Miscellaneous Relief |
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MOTION by James Swager memorandum to the court in support of judgment on a case stated (large pleading) (counsel will notice, see order of 5/4/04) (mcke)
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| 11 |
Filed: 6/25/2004, Entered: 6/28/2004 |
Notice |
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NOTICE of filing of administrative record by James Swager (mcke)
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| 10 |
Filed: 5/5/2004, Entered: 5/6/2004 |
Order |
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Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: (a) The proposed Scheduling Order is approved and shall control discovery to the extent of its application unless modified by the Court. (b) Discovery shall be concluded by August 13, 2004. (c) All Rule 26(a)(1) disclosures are waived. (d) Each defendant who has not yet appeared shall make Rule 26(a)(1) disclosures within elven days after responding to the complaint, and all other partiies who have then appeared shall make their disclosures to such defendant wwithin that period. (e) Depositions are not limited to one day of sen hors. (f) Unless the parties submit a consent order under Local Rule 26(d)(1) within five days, expert discovery shall be governed by Local Rule 26(d)(2-4). (see order for details) ( signed by Mag Judge Liam O'Grady ) Copies Mailed: y (nbla)
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Filed: 5/5/2004, Entered: 5/5/2004 |
Pretrial Conference - Initial |
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Initial pretrial conference held before Magistrate Judge O'grady. No Discovery plan filed-parties trying to move forward w/o one. Settlement will be discussed. Order to issue. (nbla)
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| 9 |
Filed: 5/4/2004, Entered: 5/5/2004 |
Order |
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Consent Scheduling Order that defts shall provide a copy of the administrative record, i.e., claim file which was relied on by the administrator, to pltf by May 12, 2004. Pltf will file his motion for summary judgment and supporting brief on or before June 25, 2004. Defts will file their brief in opposition to pltf's motion for summary judgment and in support of their cross-motion for summary judgment, if any, on or before July 9, 2004. Pltf may file a rebuttal brief on or before July 16, 2004. Deft may file a reply to pltf's rebuttal brief on or before July 23, 2004. Pltf reserves his opportunity to seek discovery from defts. Defts reserve their right to object to same. The parties may bring any such discovery dispute to the court for resolution. The parties may contact the court to schedule any oral argument on the motions if they choose to have one. The final pretrial conference is cancelled. ( signed by Judge Gerald B. Lee ) Copies Mailed: yes (mcke)
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Filed: 5/4/2004, Entered: 5/4/2004 |
Set/Reset Deadlines: |
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Deadline updated; reset Initial Pretrial Conference for 10:00 5/5/04 before Mag Judge Liam O'Grady (agil)
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| 8 |
Filed: 4/14/2004, Entered: 4/15/2004 |
Order |
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ORDER setting Initial Pretrial Conference for 10:00 5/5/04 Discovery Deadline for 8/13/04 Final Pretrial Conference for 10:00 8/19/04 (see order for details) ( signed by Judge Gerald B. Lee ) Copies Mailed: yes (mcke)
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| 7 |
Filed: 4/8/2004, Entered: 4/8/2004, Terminated: 11/23/2004 |
Answer to Amended Complaint |
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ANSWER by Unumprovident Corp., Unum Life Ins. Co. (Attorney Eric W. Schwartz) to amended complaint (jcup)
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| 6 |
Filed: 3/26/2004, Entered: 3/29/2004 |
Order |
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Consent Order to Amend [1-1] complaint, that pltfs amended complaint lodged with the court on March 12, 2004 is deemed filed, deft UNUMPROVIDENT Corp. need not respond to pltfs original complaint, and defts shall file their pleadings in response to the amended complaint on or before April 14, 2004. ( signed by Judge Gerald B. Lee ) Copies Mailed: yes (mcke)
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Filed: 3/26/2004, Entered: 3/29/2004 |
Set/Reset Deadlines: |
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Deadline updated; reset Answer deadline to 4/14/04 for Unumprovident Corp. as to Unumprovident Corp. (mcke)
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| 5 |
Filed: 3/12/2004, Entered: 3/15/2004 |
Amended Complaint |
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AMENDED COMPLAINT by James Swager against Unum Life Ins. Co.; amending [1-1] complaint. (counsel notified to serve new deft) (mcke)
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Filed: 3/3/2004, Entered: 3/3/2004 |
Order |
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So Ordered: granting [3-1] motion by Unumprovident for extension of time within which to file a responsive to pltf's complaint until 3/22/04 ( signed by Judge Gerald B. Lee ) Copies Mailed: Yes (kjon)
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| 4 |
Filed: 3/1/2004, Entered: 3/3/2004 |
Order |
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Consent Order granting [3-1] motion by Unumprovident for extension of time within which to file a responsive pleading to pltf's complaint on or before 3/22/04. ( signed by Judge Gerald B. Lee ) Copies Mailed: yes (mcke)
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Filed: 3/1/2004, Entered: 3/3/2004 |
Set/Reset Deadlines: |
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Deadline updated; reset Answer deadline to 3/22/04 for Unumprovident as to Unumprovident (mcke)
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| 3 |
Filed: 2/24/2004, Entered: 2/25/2004, Terminated: 3/1/2004 |
Motion for Extension |
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MOTION by Unumprovident for extension of time within which to file a responsive pleading to pltf's complaint (kjon)
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| 2 |
Filed: 2/13/2004, Entered: 2/17/2004 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Unumprovident 2/9/04 Answer due on 3/1/04 for Unumprovident (mcke)
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| 1 |
Filed: 2/5/2004, Entered: 2/9/2004 |
Complaint |
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COMPLAINT Filing Fee $ 150.00 Receipt # 169707 (mcke)
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Filed: 2/5/2004, Entered: 2/9/2004 |
Summons Issued |
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SUMMONS(ES) (Org. & 1) issued and given to atty for service by SPS on deft Unumprovident (mcke)
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