Neumann v. Prudential Insurance

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:04-cv-00928-TSE-TCB
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Parties
No Logo Krisa Neumann, Plaintiff

Represented by Richard D. Carter PLLC

Name Phone Fax E-Mail
Space Richard Dennis Carter +1 703 549 0076 +1 703 299 8740 rcarter@richcarterlaw.com
v.
No Logo Prudential Insurance Company of America, Defendant

Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Melissa Ray +1 703 245 9300
Space Walter Laurence Williams +1 703 245 9300 +1 703 248 9301 walter.williams@wilsonelser.com
Attributes
Office Alexandria
Filed 8/12/2004
Jury Demand None
Demand $0
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jurisdiction Federal Question
Disposition Transfer/Remand - Transfer to Another District
County Fairfax
Terminated 6/20/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (50) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 41 Filed: 12/5/2005, Entered: 12/6/2005 USCA Judgment
USCA ORDER as to [26] Notice of Appeal filed by Prudential Insurance Company Of America, Appellant has filed a consent motion to dismiss. The court dismisses this appeal, upon such terms as have been agreed to by the parties, pursuant to rule 42(b) of the FRofAP. The clerk of this court will issue a certified copy of this order to the clerk of the District Court as and for the mandate. (Mandate issued)) (nmck, )
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Blank 40 Filed: 11/14/2005, Entered: 11/16/2005 Order on Motion to VacateCourt Filing
ORDER denying [37] JOINT MOTION to Vacate [21] Memorandum Opinion of 04/28/05 by Krisa Neumann, Prudential Insurance Company Of America. Signed by Judge T. S. Ellis III on 11/14/05. Copies sent: yes. (stas)
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Memorandum and Opinion with OCR 39 Filed: 11/14/2005, Entered: 11/16/2005 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION Re: JOINT MOTION to Vacate [21] Memorandum Opinion of 04/28/05 by Krisa Neumann, Prudential Insurance Company Of America. Signed by Judge T. S. Ellis III on 11/14/05. Copies sent: yes.(stas)
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Blank 38 Filed: 10/14/2005, Entered: 10/17/2005 Memorandum in Support
Memorandum in Support of [37] JOINT MOTION to Vacate [21] Memorandum Opinion of 04/28/05 filed by Krisa Neumann, Prudential Insurance Company Of America. (pmil)
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Blank 37 Filed: 10/14/2005, Entered: 10/17/2005, Terminated: 11/14/2005 Motion to Vacate
JOINT MOTION to Vacate [21] Memorandum Opinion of 04/28/05 by Krisa Neumann, Prudential Insurance Company Of America. (pmil)
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Blank 36 Filed: 7/22/2005, Entered: 7/22/2005, Terminated: 12/5/2005 Certificate of Completion
Certificate of Completion re [26] Notice of Appeal: sent to USCA. (nmck, )
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Blank 35 Filed: 7/15/2005, Entered: 7/18/2005 TranscriptCourt Filing
TRANSCRIPT of Proceedings held on 03/04/05 before Judge T.S. Ellis, III. Court Reporter: Michael Rodriquez. (pmil)
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Blank 34 Filed: 6/20/2005, Entered: 6/29/2005 Clerks JudgmentCourt Filing
CLERK'S JUDGMENT in favor of Plaintiff Krisa Neumann in the amount of $92,817.63, plus costs and pre-judgment interest at the statutory rate set forth in 28 U.S.C. 1961 against Defendant Prudential Insurance Company of America . Signed by Judge T. S. Ellis III on 9/20/05. (tbul, )
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Blank 33 Filed: 6/20/2005, Entered: 6/22/2005 Judgment*Court Filing
FINAL JUDGMENT in favor of Plaintiff, Krisa Neumann against Defendant, Prudential Insurance Company of America in the amount of $92,817.63, plus costs and pre-judgment interest at the statutory rate set forth in 28 U.S.C. Section 1961, and DENYING Plaintiff's motion for attorney's fees. Signed by Judge T. S. Ellis III on 6/20/05. Mailed: epn(tbul, ) Modified on 6/29/2005 to reflect details (tbul, ).
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Blank -- Filed: 6/17/2005, Entered: 6/22/2005 Motion Hearing
Minute Entry for proceedings held before Judge T. S. Ellis III: Motion Hearing held on 6/17/2005 re [24] MOTION for Attorney Fees MOTION for Judgment as a Matter of Law filed by Krisa Neumann. Appearances: Carter for Pltff; Plunkett for Deft. Heard, findings stated and motion for judgment - granted; motion for attorneys' fees - denied. (Court Reporter Rodriquez.) (tbul, )
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Blank 32 Filed: 6/15/2005, Entered: 6/15/2005 Reply to Response to Motion
REPLY to Response and opposition to Motion re [24] pltf's affidavit for amount of judgment filed by Krisa Neumann. (clar, )
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Blank 31 Filed: 6/13/2005, Entered: 6/14/2005 Response in Opposition to Motion
RESPONSE and Opposition to [24] MOTION affidavit for amount of Judgment as a Matter of Law filed by Prudential Insurance Company Of America. (clar, )
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Blank 30 Filed: 6/6/2005, Entered: 6/7/2005 Affidavit
AFFIDAVIT of Krisa Neumann. (stas)
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Blank -- Filed: 5/31/2005, Entered: 5/31/2005, Terminated: 12/5/2005 USCA Case Number
USCA Case Number 05-1568, case manager Mike Radday for [26] Notice of Appeal filed by Prudential Insurance Company Of America,. (nmck, )
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Blank 29 Filed: 5/26/2005, Entered: 5/27/2005 OrderCourt Filing
ORDER, that plaintiff is directed to file no later than 5:00 p.m. on Monday, June 6, 2005, an affidavit, along with any documentary evidence, to establish the factual basis for her requested judgment award and the required offset amount for Social Security disability benefit payments received. It is further ORDERED that defendant is directed to file its response no later than 5:00 p.m. on Monday, June 13, 2005. It is further ORDERED that a hearing is SCHEDULED in this matter for Friday, 6/17/2005 at 10:00 AM before Honorable District Judge T. S. Ellis III. Signed by Judge T. S. Ellis III on 05/26/05. Copies sent: yes(stas)
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Blank 28 Filed: 5/20/2005, Entered: 5/23/2005 Memorandum in Opposition
Memorandum in Opposition to Pltfs [24] MOTION for Attorney Fees, Costs, and MOTION for Entry of Judgment as a Matter of Law filed by Prudential Insurance Company Of America. (pmil)
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Blank 27 Filed: 5/19/2005, Entered: 5/20/2005 Notice
NOTICE by Prudential Insurance Company Of America of substitution of counsel Walter L. Williams, Esq. for J. Justin McKenna, Esq. as counsel for Prudential Insurance Company of America (stas) Modified on 5/20/2005 to reflect substitution of only Mr. Williams as per atty. signatures (stas).
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Blank 26 Filed: 5/19/2005, Entered: 5/20/2005 Notice of Appeal
NOTICE OF APPEAL as to [22] Order dated 4/28/05, by Prudential Insurance Company Of America. Filing fee $ 255, receipt number 100 180611. Copy sent to USCA. Copy sent to parties. (nmck, )
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Blank 25 Filed: 5/13/2005, Entered: 5/16/2005 Memorandum in Support
Memorandum in Support of [24] MOTION for Attorney Fees and Costs, and MOTION for Entry of Judgment filed by Krisa Neumann. (stas)
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Blank 24 Filed: 5/13/2005, Entered: 5/16/2005 Motion for Attorney Fees
MOTION for Attorney Fees and Costs, and MOTION for Entry of Judgment by Krisa Neumann. (stas)
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Blank 23 Filed: 5/11/2005, Entered: 5/12/2005 TranscriptCourt Filing
TRANSCRIPT of Proceedings held on March 4, 2005 before Judge T.S. Ellis, III. Court Reporter: Michael A. Rodriquez. (stas)
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Blank 22 Filed: 4/28/2005, Entered: 4/29/2005 OrderCourt Filing
ORDER denying [13-1] cross motion by Prudential Insurance for Summary Judgment pursuant to FRCP 56, granting [10-1] motion by Krisa Neumann for judgment pursuant to FRCP 52, or, in the alternative, [10-2] motion by Krisa Neumann for Summary Judgment pursuant to FRCP 56, but entry of judgment is deferred pending resolution of plaintiff's demand for atty's fees and determination of the proper judgment amount. It is further ORDERED that pltf is DIRECTED to file no later 5:00 p.m. on Friday, 05/13/05, a memorandum of law setting forth her position with respect to her claims for (i) attys fees, (ii) the proper amount of the judgment award to be entered, and (iii) reinstatement and reimbursement of life, insurance, health, and retirement benefits. It is further ORDERED that deft is DIRECTED to file a responsive brief no later than 5:00 p.m. on Friday, 05/20/05. (See Order for Details) (signed by Judge T. S. Ellis III) Copies Mailed: yes [EOD Date: 4/29/05] (stas)
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Memorandum and Opinion with OCR 21 Filed: 4/28/2005, Entered: 4/29/2005 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION Re: Pltf's motion for judgment or, in the alternative, for summary judgment and Deft's motion for summary judgment (signed by Judge T. S. Ellis III) Copies Mailed: yes (stas) Additional attachment(s) added on 6/9/2005 (hgay, ).
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Blank 20 Filed: 3/4/2005, Entered: 3/8/2005 OrderCourt Filing
ORDER, for reasons stated from the Bench and for good cause, that the [13-1] cross motion by Prudential Insurance for Summary Judgment pursuant to FRCP 56 and the [10-2] motion by Krisa Neumann for Summary Judgment to FRCP 56 are TAKEN UNDER ADVISEMENT ( signed by Judge T. S. Ellis III ) Copies Mailed: epn [EOD Date: 3/8/05] (tbul)
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Blank -- Filed: 3/4/2005, Entered: 3/4/2005 Motion Hearing
Motion hearing held re: [13-1] cross motion by Prudential Insurance for Summary Judgment pursuant to FRCP 56 by Prudential Insurance, [10-1] motion by Krisa Neumann for judgment pursuant to FRCP 52 by Krisa Neumann before Judge Ellis (Rptr: Rodriquez). Appearances: Carter for Pltff; McKenna for Deft. Heard and T.U.A. (tbul)
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Blank 19 Filed: 2/11/2005, Entered: 2/14/2005 OrderCourt Filing
ORDER granting [18-1] motion by Prudential Insurance, Krisa Neumann to Modify the Scheduling Order and it is further ORDERED, that the Scheduling Order is modified so as to continue the Final Pretrial Conference to a date 30 days from the Court's resolution of the parties' cross motions for summary judgment, should such a Conference remain necessary. (signed by Judge T. S. Ellis III) Copies Mailed: yes [EOD Date: 2/14/05] (stas)
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Blank 18 Filed: 2/11/2005, Entered: 2/14/2005, Terminated: 2/11/2005 Motion for Miscellaneous Relief
JOINT CONSENT MOTION with Memorandum in Support by Prudential Insurance, Krisa Neumann to Modify the Scheduling Order (stas)
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Blank 17 Filed: 2/8/2005, Entered: 2/8/2005 Notice of Hearing.Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 3/4/05 for [10-1] motion by Krisa Neumann for judgment pursuant to FRCP 52, set for 10:00 3/4/05 for [10-2] motion by Krisa Neumann for Summary Judgment pursuant to FRCP 56 (stas)
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Blank 16 Filed: 2/4/2005, Entered: 2/7/2005 Memorandum in Opposition
OPPOSITION by Krisa Neumann to [13-1] cross motion by Prudential Insurance for Summary Judgment pursuant to FRCP 56 (klau) Modified on 02/07/2005
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Blank 16 Filed: 2/4/2005, Entered: 2/7/2005 Miscellaneous Document
BRIEF IN Reply by Krisa Neumann to [14-1] opposition memorandum by Prudential Insurance to plaintiff's Motion for Summary Judgment (filed together with opposition to defendant's cross motion for summary judgment) (klau)
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Blank 15 Filed: 1/31/2005, Entered: 2/2/2005 Remark
STATEMENT of material facts filed by defendant Prudential Insurance [13-1] in support of its cross motion by Prudential Insurance for Summary Judgment pursuant to FRCP 56 (mcke)
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Blank 14 Filed: 1/31/2005, Entered: 2/2/2005 Memorandum in Support
MEMORANDUM by Prudential Insurance in support of [13-1] cross motion by Prudential Insurance for Summary Judgment pursuant to FRCP 56 (Large Pleading) (mcke)
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Blank 14 Filed: 1/31/2005, Entered: 2/2/2005 Memorandum in Opposition
MEMORANDUM by Prudential Insurance in opposition to [10-2] motion by Krisa Neumann for Summary Judgment pursuant to FRCP 56 (filed together with memorandum in support of defts cross motion for summary judgment) (Large Pleading) (mcke)
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Blank 13 Filed: 1/31/2005, Entered: 2/2/2005, Terminated: 4/28/2005 Motion for Summary Judgment
CROSS MOTION by Prudential Insurance by Prudential Insurance for Summary Judgment pursuant to FRCP 56 (mcke)
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Blank 12 Filed: 1/14/2005, Entered: 1/14/2005 Remark
Statement of Material Facts by plaintiff Krisa Neumann in support of [10-1] motion by Krisa Neumann for judgment pursuant to FRCP 52 or in the alternative [10-2] motion by Krisa Neumann for Summary pursuant to FRCP 56 (LARGE PLEADING) (stas)
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Blank 11 Filed: 1/14/2005, Entered: 1/14/2005 Memorandum in Support
BRIEF by Krisa Neumann in support of [10-1] motion by Krisa Neumann for judgment pursuant to FRCP 52 or in the alternative [10-2] motion by Krisa Neumann for Summary pursuant to FRCP 56 (stas)
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Blank 10 Filed: 1/14/2005, Entered: 1/14/2005, Terminated: 4/28/2005 Motion for Miscellaneous Relief
MOTION by Krisa Neumann for judgment pursuant to FRCP 52 , or in the alternative by Krisa Neumann for Summary Judgment pursuant to FRCP 56 (no notice of hearing was filed with the motion) (stas) Modified on 01/14/2005
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Blank 9 Filed: 11/19/2004, Entered: 11/22/2004 Notice of Appearance
PRAECIPE noting the withdrawal of Tara J. Mooney, Esq. and substituting the appearance of John Justin McKenna Jr, Esq. as counsel for Prudential Insurance (stas)
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Blank 8 Filed: 11/15/2004, Entered: 11/17/2004 Letter
Letter by Prudential Insurance enclosing a copy of the Administrative Record in this case (Administrative Record is in three brown accordion files) (stas) Modified on 11/17/2004
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Blank 7 Filed: 10/20/2004, Entered: 10/20/2004 OrderCourt Filing
Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: The plaintiff's proposed Discovery Plan and Report is approved and shall control discovery to the extent of its application as modified by the Court. (see order for details) ( signed by Mag Judge Theresa C. Buchanan ) Copies Mailed: y (avax)
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Blank -- Filed: 10/20/2004, Entered: 10/20/2004 Pretrial Conference - Initial
Initial pretrial conference held before Magistrate Judge Buchanan. Appearances: Counsel for Pltf. & Deft. Discovery plan approved as amended by the Court. Order to be issued. (avax)
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Blank 6 Filed: 10/15/2004, Entered: 10/15/2004 Discovery - Miscellaneous
Proposed Discovery Plan and Report by Krisa Neumann (pmet)
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Blank 5 Filed: 10/7/2004, Entered: 10/7/2004 Notice
NOTICE by Prudential Insurance Substituting the appearance of Attorney Tara J. Mooney of Wilson, Elser, Moskowitz, Edelman & Dicker LLP and withdrawing Melissa G. Ray of the same firm as counsel for deft. (Atty. Mooney not admitted to practice in the EDVA as of this date) (stas) Modified on 10/07/2004
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Blank 4 Filed: 10/4/2004, Entered: 10/4/2004 OrderCourt Filing
ORDER setting Initial Pretrial Conference for 10:00 10/20/04 Discovery Deadline for 2/11/05 Final Pretrial Conference for 11:00 2/17/05 (see order for details) (signed by Judge T. S. Ellis III) Copies Mailed: yes (stas)
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Blank -- Filed: 10/4/2004, Entered: 10/4/2004 Set/Reset Deadlines:
Deadline updated; reset Initial Pretrial Conference for 10:00 10/20/04 before Mag Judge Theresa C. Buchanan (stas)
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Blank 3 Filed: 9/7/2004, Entered: 9/8/2004 Answer
ANSWER to Complaint by Prudential Insurance (Attorney Melissa Ray) (jcup)
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Blank 2 Filed: 8/18/2004, Entered: 8/19/2004 Summons Returned Executed
AFFIDAVIT of Service Returned Executed as to Prudential Insurance 8/16/04 Answer due on 9/7/04 for Prudential Insurance (stas)
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Blank 1 Filed: 8/12/2004, Entered: 8/12/2004 Complaint
COMPLAINT for Declaratory Judgment and Related Relief Filing Fee $ 150.00 Receipt # 100 174317 (stas)
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Blank -- Filed: 8/12/2004, Entered: 8/12/2004 Summons Issued
SUMMONS(ES) issued and given to atty for service by SPS as to deft Prudential Insurance (stas)
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Blank -- Filed: 8/12/2004, Entered: 8/12/2004 Miscellaneous Document
CASE REFERRED to Mag Judge Theresa C. Buchanan (stas)
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