Clark v. Metropolitan Life

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:04-cv-01330-JCC-LO
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Summary

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Parties
No Logo Vicki M. Clark, 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.
Metropolitan Life Insurance Company Metropolitan Life Insurance Company, Defendant

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space Eric W. Schwartz +1 202 274 2950 +1 202 274 2994 eric.schwartz@troutmansanders.com
Attributes
Office Alexandria
Filed 11/2/2004
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 Dismissed - Other
County Fairfax
Terminated 5/11/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 41 Filed: 1/23/2006, Entered: 1/24/2006 USCA Order
ORDER of USCA as to [37] Notice of Appeal, filed by Metropolitan Life Insurance Company, 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: 12/22/2005, Entered: 12/22/2005, Terminated: 1/23/2006 Certificate of Completion
Certificate of Completion re [37] Notice of Appeal, : (nmck, )
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Blank 39 Filed: 11/16/2005, Entered: 11/17/2005 TranscriptCourt Filing
TRANSCRIPT of Proceedings held on April 29, 2005 before Judge James C, Cacheris. Court Reporter: Don McCoy. (kbar, )
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Blank 38 Filed: 11/1/2005, Entered: 11/1/2005, Terminated: 1/23/2006 USCA Order
ORDER of USCA, the court reporter, E. Don McCoy, has filed a motion for an extension of time to file the transcript without the imposition of sanctions. The court extends the time for filing the transcript, without sanctions, to 11/17/05. A 10 percent fee reduction will apply if the transcript is not filed by that date, and a 20 percent fee reduction will apply if the transcript is not filed by 12/19/05. (nmck, )
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Blank -- Filed: 8/15/2005, Entered: 8/16/2005 USCA Case Number
USCA Case Number 05-1861, case manager Diane Burke for [37] Notice of Appeal, filed by Metropolitan Life Insurance Company,. (nmck, )
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Blank -- Filed: 8/9/2005, Entered: 8/9/2005, Terminated: 1/23/2006 USCA Appeal Fees
USCA Appeal Fees received $ 255 receipt number 100 182305 re [37] Notice of Appeal, filed by Metropolitan Life Insurance Company, Court of Appeals notified. (nmck, )
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Blank 37 Filed: 8/5/2005, Entered: 8/5/2005, Terminated: 1/23/2006 Notice of Appeal
NOTICE OF APPEAL as to [21] Order on Motion for Judgment on Partial Findings, Order on Motion for Summary Judgment, dated 5/11/05, [35] Order on Motion for Attorney Fees dated 7/6/05 by Metropolitan Life Insurance Company. Appeal fee not paid. Copy sent to USCA. Copy sent to parties. (nmck, )
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Blank 36 Filed: 7/7/2005, Entered: 7/8/2005 Motion for Miscellaneous Relief
MOTION to File Surreply and Brief in Support by Metropolitan Life Insurance Company. (pmet, )
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Blank 35 Filed: 7/6/2005, Entered: 7/6/2005 Order on Motion for Attorney FeesCourt Filing
ORDER granting in part and denying in part [27] Motion for Attorney Fees. Plaintiff is awarded $17,005.00 in attorneys' fees and $497.78 in costs, plus interest. Signed by Judge James C. Cacheris on 07/06/05. c/s (pmet, )
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Memorandum and Opinion with OCR 34 Filed: 7/6/2005, Entered: 7/6/2005 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION re Plaintiff's motion for attorneys' fees and costs. Signed by Judge James C. Cacheris on 07/06/05. c/s(pmet, )
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Blank -- Filed: 6/22/2005, Entered: 6/22/2005 Remark
Per JCC chambers motions set for 6/24/05 on papers (clar, )
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Blank 33 Filed: 6/21/2005, Entered: 6/21/2005 Reply to Response to Motion
REPLY to Response to Motion in re [27] MOTION for Award of Attorney Fees and Costs filed by Vicki M. Clark. (clar, )
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Blank 32 Filed: 6/15/2005, Entered: 6/20/2005 Memorandum in Opposition
Brief in Opposition of [27] MOTION for Award of Attorney Fees and Costs filed by Metropolitan Life Insurance Company. (clar, )
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Blank 31 Filed: 6/15/2005, Entered: 6/15/2005 Notice of Hearing on MotionCourt Filing
Precipe/NOTICE of Hearing on Motion [27] MOTION for Award of Attorney Fees and Costs Motion Hearing set for 6/24/2005 10:00 AM before Honorable District Judge James C. Cacheris. (clar, )
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Blank 30 Filed: 6/8/2005, Entered: 6/9/2005 OrderCourt Filing
Amended ORDER re [21] Order on Motion for Judgment on Partial Findings, Order on Motion for Summary Judgment. This Court shall retain jurisdiction of this civil action pending the outcome of the remand proceedings. Signed by Judge James C. Cacheris on 06/08/05. c/s(pmet, )
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Blank -- Filed: 6/1/2005, Entered: 6/1/2005 Remark
Per JCC chambers motions set for 6/3/05 on pleadings (clar, )
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Blank 29 Filed: 5/25/2005, Entered: 5/26/2005 Notice of Hearing on Motion
NOTICE of Hearing on [27] MOTION for Attorney Fees: Motion Hearing set for 6/17/2005 10:00 AM before Honorable District James C. Cacheris. (pmet, )
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Blank 28 Filed: 5/25/2005, Entered: 5/26/2005 Memorandum in Support
Memorandum in Support re [27] MOTION for Attorney Fees filed by Vicki M. Clark. (pmet, )
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Blank 27 Filed: 5/25/2005, Entered: 5/26/2005, Terminated: 7/6/2005 Motion for Attorney Fees
MOTION for Award of Attorney Fees and Costs by Vicki M. Clark. (pmet, )
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Blank 26 Filed: 5/20/2005, Entered: 5/24/2005 Notice of Hearing on Motion
NOTICE of Hearing on Motion [24] MOTION to Amend [21] Order on Motion for Judgment on Partial Findings, Order on Motion for Summary Judgment,: Motion Hearing set for 6/3/2005 10:00 AM before Honorable District James C. Cacheris. (clar, )
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Blank 25 Filed: 5/20/2005, Entered: 5/24/2005 Memorandum in Support
Memorandum in Support of [24] MOTION to Amend [21] Order on Motion for Judgment on Partial Findings, Order on Motion for Summary Judgment, filed by Vicki M. Clark. (clar, )
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Blank 24 Filed: 5/20/2005, Entered: 5/24/2005 Motion to Amend/Correct
MOTION to Amend in re: [21] Order on Motion for Judgment on Partial Findings, Order on Motion for Summary Judgment, by Vicki M. Clark. (clar, )
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Blank 23 Filed: 5/20/2005, Entered: 5/23/2005 Memorandum in Support
Duplicate entry of #25, Deleted on 5/25/2005 (pmet, ).
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Blank 22 Filed: 5/20/2005, Entered: 5/23/2005 Motion to Amend/Correct
Duplicate entry of #24, Deleted on 5/25/2005 (pmet, ).
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Blank 21 Filed: 5/11/2005, Entered: 5/11/2005 Order on Motion for Judgment on Partial FindingsCourt Filing
ORDER denying [12] Plaintiff's Motion for Summary Judgment, denying [13] Defendant's Motion for Summary Judgment. The case is remanded for a new benefits determination. Signed by Judge James C. Cacheris on 05/11/05. c/s (pmet, )
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Memorandum and Opinion with OCR 20 Filed: 5/11/2005, Entered: 5/11/2005 Memorandum and OpinionCourt Filing
MEMORANDUM AND OPINION on cross-motions for summary judgment. Signed by Judge James C. Cacheris on 05/11/05. c/s(pmet, ) Additional attachment(s) added on 6/8/2005 (hgay, ).
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Blank -- Filed: 4/29/2005, Entered: 4/29/2005 Motion Hearing
Motion hearing held before Judge Cacheris (r: D. McCoy) re: [13-1] motion by Metropolitan Life for Summary Judgment, [12-2] motion for Summary Judgment pursuant to F.R.Civ.P. 56 by Vicki M. Clark. Appearances of counsel. Cross motions for summary judgment argued and taken under advisement. Order to follow. (dper)
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Blank -- Filed: 4/21/2005, Entered: 4/21/2005 Pretrial Conference - Final
Pre-Trial Conference held before Judge Cacheris. Appearance of counsel. Parties agree the matter will go off with the cross motions for summary jugment to be heard on 4/29/05. (agil)
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Blank 19 Filed: 4/15/2005, Entered: 4/18/2005 Notice of Hearing.Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge James C. Cacheris set for 10:00 4/29/05 for [13-1] motion by Metropolitan Life for Summary Judgment (stas)
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Blank 18 Filed: 4/6/2005, Entered: 4/6/2005 Miscellaneous Document
Reply Brief by Metropolitan Life in support of [13-1] motion by Metropolitan Life for Summary Judgment, and in Opposition of [12-2] motion for Summary Judgment pursuant to F.R.Civ.P. 56 by Vicki M. Clark (pmet)
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Blank 17 Filed: 4/6/2005, Entered: 4/6/2005 Notice of Hearing.Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge James C. Cacheris set for 10:00 4/29/05 for [12-1] motion by Vicki M. Clark for Judgment pursuant to F.R.Civ.P. 52, or in the alternative [12-2] for Summary Judgment pursuant to F.R.Civ.P. 56 (pmet)
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Blank 16 Filed: 4/6/2005, Entered: 4/6/2005 Miscellaneous Document
BRIEF in Reply by Vicki M. Clark to [13-1] motion by Metropolitan Life for Summary Judgment (pmet)
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Blank 14 Filed: 3/22/2005, Entered: 3/22/2005 Memorandum in Support
MEMORANDUM by Metropolitan Life in support of [13-1] motion by Metropolitan Life for Summary Judgment (Exh.1 in Expandable) (pmet) Modified on 03/22/2005
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Blank 13 Filed: 3/22/2005, Entered: 3/22/2005, Terminated: 5/11/2005 Motion for Summary Judgment
MOTION by Metropolitan Life for Summary Judgment (pmet)
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Blank 12 Filed: 3/22/2005, Entered: 3/22/2005, Terminated: 5/11/2005 Motion for Judgment on Partial Findings
MOTION by Vicki M. Clark for Judgment pursuant to F.R.Civ.P. 52 , or in the alternative for Summary Judgment pursuant to F.R.Civ.P. 56 (pmet)
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Blank 15 Filed: 3/21/2005, Entered: 3/28/2005 OrderCourt Filing
Agreed ORDER that parties file their motions for summary judgment by 03-22-2005 and reply briefs by 04-06-2005. ( signed by Mag Judge Liam O'Grady ) Copies Mailed: y [EOD Date: 3/28/05] (pmet)
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Blank 11 Filed: 3/18/2005, Entered: 3/22/2005 Miscellaneous Document
Brief by Vicki M. Clark in support of [12-1] motion for Judgment pursuant to F.R.Civ.P. 52, or in the alternative, [12-2] motion for Summary Judgment pursuant to F.R.Civ.P. 56 (pmet)
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Blank 10 Filed: 3/14/2005, Entered: 3/14/2005 OrderCourt Filing
ORDER that parties will file their opening motion for summary judgment by 03-18-2005 and parties will file reply, if any, by 04-06-2005. ( signed by Mag Judge Liam O'Grady ) Copies Mailed: y [EOD Date: 3/14/05] (pmet)
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Blank 9 Filed: 1/25/2005, Entered: 1/25/2005 OrderCourt Filing
Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: a. The proposed Rule 26(f) Joint Discovery Plan 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 Liam O'Grady ) Copies Mailed: y (pmet)
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Blank 8 Filed: 1/25/2005, Entered: 1/25/2005 Scheduling OrderCourt Filing
SCHEDULING ORDER regarding filing deadlines (See Order for details) ( signed by Mag Judge Liam O'Grady ) Copies Mailed: y (pmet)
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Blank -- Filed: 1/24/2005, Entered: 1/24/2005 Docket Annotation
Initial Pretrial Conference on papers per Chambers (pmet)
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Blank 7 Filed: 1/10/2005, Entered: 1/10/2005 OrderCourt Filing
ORDER setting Initial Pretrial Conference for 10:00 1/26/05 Discovery Deadline for 4/15/05 Final Pretrial Conference for 10:00 4/21/05 (see order for details) ( signed by Judge James C. Cacheris ) Copies Mailed: y (pmet)
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Blank -- Filed: 1/10/2005, Entered: 1/10/2005 Pretrial Conference - Initial
Initial pretrial conference set at 10:00 1/26/05 before Mag Judge Liam O'Grady (pmet)
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Blank 6 Filed: 12/3/2004, Entered: 12/6/2004 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by Metropolitan Life (pmet)
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Blank 5 Filed: 12/3/2004, Entered: 12/6/2004 Answer
ANSWER to Complaint by Metropolitan Life (pmet)
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Blank 4 Filed: 11/24/2004, Entered: 11/24/2004 OrderCourt Filing
ORDER granting [3-1] motion by Metropolitan Life to Extend Time until 12-03-2004 to respond, reset Answer deadline to 12/3/04 for Metropolitan Life ( signed by Mag Judge Liam O'Grady ) Copies Mailed: y [EOD Date: 11/24/04] (pmet)
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Blank 3 Filed: 11/23/2004, Entered: 11/23/2004, Terminated: 11/24/2004 Motion for Extension
Agreed MOTION by Metropolitan Life to Extend Time until 12-03-2004 to respond (pmet)
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Blank 2 Filed: 11/10/2004, Entered: 11/10/2004 Summons Returned Executed
SUMMONS Returned Executed as to Metropolitan Life 11/2/04 Answer due on 11/22/04 for Metropolitan Life (pmet)
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Blank 1 Filed: 11/2/2004, Entered: 11/2/2004 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 100 176186 (otho)
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Blank -- Filed: 11/2/2004, Entered: 11/2/2004 Summons Issued
SUMMONS(ES) issued and given to atty for service by SPS as to Metropolitan Life (otho)
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Blank -- Filed: 11/2/2004, Entered: 11/2/2004 Miscellaneous Document
CASE REFERRED to Mag Judge Liam O'Grady (otho)
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