Stewart v. Metropolitan Life Insurance Company
| New York Southern District Court | |
| Judge: | Paul G Gardephe |
| Case #: | 1:21-cv-08092 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332in Diversity-Insurance Contract |
| Case Filed: | Sep 29, 2021 |
| Last checked: Tuesday Mar 29, 2022 5:31 AM EDT |
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Defendant
Metropolitan Life Insurance Company
200 Park Avenue
New York, NY 10166 |
Represented By
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Plaintiff
Alverta Stewart
individually and on behalf of all others similarly situated 4647 Wenda Street Apt. C404
Houston, TX 77051 |
Represented By
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| Docket last updated: 04/25/2025 11:59 PM EDT |
| Tuesday, July 30, 2024 | ||
| 38 | 38
misc
Letter
Tue 07/30 4:09 PM
JOINT LETTER addressed to Judge Paul G. Gardephe from Todd B. Naylor and Debra Bogo-Ernst dated July 30, 2024 re: Request for Status Conference. Document filed by Alverta Stewart..(Naylor, Todd) |
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| Wednesday, October 11, 2023 | ||
| 37 | 37
misc
Letter
Wed 10/11 12:47 PM
LETTER addressed to Judge Paul G. Gardephe from Debra Bogo-Ernst dated October 11, 2023 re: MetLife's Motion to Dismiss. Document filed by Metropolitan Life Insurance Company..(Bogo-Ernst, Debra) |
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| Tuesday, April 11, 2023 | ||
| 36 | 36
notice
Notice of Appearance
Tue 04/11 2:50 PM
NOTICE OF APPEARANCE by Alexa Davis on behalf of Metropolitan Life Insurance Company..(Davis, Alexa) |
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| 35 | 35
notice
Notice of Change of Address
Tue 04/11 1:03 PM
NOTICE OF CHANGE OF ADDRESS by Debra Bogo-Ernst on behalf of Metropolitan Life Insurance Company. New Address: Willkie Farr & Gallagher, 300 N. LaSalle, Chicago, IL, United States 60654, 312 728 9062..(Bogo-Ernst, Debra) |
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| Monday, December 12, 2022 | ||
| 34 | 34
notice
Notice of Change of Address
Mon 12/12 7:38 PM
NOTICE OF CHANGE OF ADDRESS by Bronwyn Pollock on behalf of Metropolitan Life Insurance Company. New Address: Mayer Brown LLP, 333 S. Grand Ave., 47th Fl., Los Angeles, CA, USA 90071, (213) 229 - 9500..(Pollock, Bronwyn) |
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| 33 | 33
notice
Notice of Change of Address
Mon 12/12 7:01 PM
NOTICE OF CHANGE OF ADDRESS by Bronwyn Pollock on behalf of Metropolitan Life Insurance Company. New Address: Mayer Brown LLP, 333 S. Grand Ave., 47th Floor, Los Angeles, California, U.S.A. 90071, (213) 229-9500..(Pollock, Bronwyn) |
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| Friday, May 27, 2022 | ||
| 32 | 32
respm
Declaration in Opposition to Motion
Fri 05/27 10:36 AM
DECLARATION of Todd B. Naylor in Opposition re:26 MOTION to Dismiss .. Document filed by Alverta Stewart..(Naylor, Todd) |
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| 31 | 31
respm
Reply Memorandum of Law in Opposition to Motion
Fri 05/27 10:31 AM
REPLY MEMORANDUM OF LAW in Opposition re:26 MOTION to Dismiss . . Document filed by Alverta Stewart..(Naylor, Todd) |
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| 30 | 30
respm
Declaration in Support of Motion
Fri 05/27 10:07 AM
DECLARATION of Bronwyn F. Pollock in Support re:26 MOTION to Dismiss .. Document filed by Metropolitan Life Insurance Company..(Pollock, Bronwyn) |
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| 29 | 29
respm
Reply Memorandum of Law in Support of Motion
Fri 05/27 10:02 AM
REPLY MEMORANDUM OF LAW in Support re:26 MOTION to Dismiss . . Document filed by Metropolitan Life Insurance Company..(Bogo-Ernst, Debra) |
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| 28 | 28
respm
Declaration in Support of Motion
Fri 05/27 10:00 AM
DECLARATION of Ilana D. Cohen in Support re:26 MOTION to Dismiss .. Document filed by Metropolitan Life Insurance Company..(Bogo-Ernst, Debra) |
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Att: 1
Exhibit 1 -Federal Employees Group Life Insurance Program, Standard Contract 2012,
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Att: 2
Exhibit 2 - Office of Personnel Management Federal Employees' Group Life Insurance Program Handbook,
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Att: 3
Exhibit 3 - Funeral Program and Obituary of Arvenell O. Flowers,
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Att: 4
Exhibit 4 - Alverta Stewarts Claim for FEGLI Proceeds,
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Att: 5
Exhibit 5 - November 2, 2019 Letter,
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Att: 6
Exhibit 6 - December 4, 2019 Letter,
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Att: 7
Exhibit 7 - February 24, 2020 Letter,
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Att: 8
Exhibit 8 - November 23, 2021 Letter,
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Att: 9
Exhibit 9 - Explanation of Claim Benefits,
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Att: 10
Exhibit 10 - Letter from Todd B. Naylor, Esq.
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| 27 | 27
30+
pgs
respm
Memorandum of Law in Support of Motion
Fri 05/27 9:43 AM
MEMORANDUM OF LAW in Support re:26 MOTION to Dismiss . . Document filed by Metropolitan Life Insurance Company..(Bogo-Ernst, Debra) |
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| 26 | 26
motion
Dismiss
Fri 05/27 9:42 AM
MOTION to Dismiss . Document filed by Metropolitan Life Insurance Company..(Bogo-Ernst, Debra) |
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| Monday, April 11, 2022 | ||
| 25 | 25
2
pgs
order
Order on Motion for Extension of Time
Mon 04/11 11:44 AM
ORDER granting24 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/11/2022) (ks) |
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utility
Set/Reset Deadlines
Mon 04/11 11:46 AM
Set/Reset Deadlines: Responses due by 5/6/2022 Replies due by 5/27/2022. (ks) |
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| Thursday, April 07, 2022 | ||
| 24 | 24
motion
Extension of Time
Thu 04/07 3:08 PM
LETTER MOTION for Extension of Time Requesting Modification of the Briefing Schedule on MetLife's Motion to Dismiss addressed to Judge Paul G. Gardephe from Ilana D. Cohen dated April 7, 2022. Document filed by Metropolitan Life Insurance Company..(Cohen, Ilana) |
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| Tuesday, March 08, 2022 | ||
| 23 | 23
1
pgs
order
Order on Motion for Conference
Tue 03/08 3:53 PM
ORDER terminating18 Motion for Conference re:18 LETTER MOTION for Conference Requesting Pre-Motion Conference to Discuss Proposed Motion to Dismiss addressed to Judge Paul G. Gardephe from Bronwyn F. Pollock dated January 25, 2022. The following schedule will apply to Defendant Metropolitan Life Insurance Company's motion to dismiss: Defendant's motion is due on March 29, 2022; Plaintiff's opposition brief is due on April 19, 2022; and Defendant's reply, if any, is due on April 26, 2022. Discovery is stayed pending the resolution of Defendant's motion to dismiss. The conference scheduled for March 10, 2022 is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/8/2022) (ks) |
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utility
Set/Reset Deadlines
Tue 03/08 3:56 PM
Set/Reset Deadlines: Motions due by 3/29/2022. Responses due by 4/19/2022 Replies due by 4/26/2022. (ks) |
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| Thursday, March 03, 2022 | ||
| 22 | 22
misc
Letter
Thu 03/03 4:37 PM
JOINT LETTER addressed to Judge Paul G. Gardephe from Todd B. Naylor and Debra Bogo-Ernst dated March 3, 2022 re: initial pretrial conference and jointly proposed Case Management Plan. Document filed by Alverta Stewart..(Naylor, Todd) |
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Att: 1
Exhibit A: Proposed Case Management Order
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| Monday, February 28, 2022 | ||
| 21 | 21
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 02/28 12:45 PM
ORDER FOR ADMISSION PRO HAC VICE granting20 Motion for Debra Bogo-Ernst to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 2/28/2022) (ks) |
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| Friday, February 25, 2022 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Fri 02/25 3:43 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Debra Bogo-Ernst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25774142. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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| Thursday, February 24, 2022 | ||
| 20 | 20
motion
Appear Pro Hac Vice
Thu 02/24 10:04 AM
MOTION for Debra Bogo-Ernst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25774142. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Metropolitan Life Insurance Company..(Bogo-Ernst, Debra) |
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Att: 1
Affidavit of Debra Bogo-Ernst,
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Att: 2
Exhibit A - Certificate of Good Standing,
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Att: 3
Text of Proposed Order
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| Friday, January 28, 2022 | ||
| 19 | 19
respm
Response to Motion
Fri 01/28 11:38 AM
LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from Todd B. Naylor dated January 28, 2022 re:18 LETTER MOTION for Conference Requesting Pre-Motion Conference to Discuss Proposed Motion to Dismiss addressed to Judge Paul G. Gardephe from Bronwyn F. Pollock dated January 25, 2022. . Document filed by Alverta Stewart..(Naylor, Todd) |
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| Tuesday, January 25, 2022 | ||
| 18 | 18
motion
Conference
Tue 01/25 11:38 AM
LETTER MOTION for Conference Requesting Pre-Motion Conference to Discuss Proposed Motion to Dismiss addressed to Judge Paul G. Gardephe from Bronwyn F. Pollock dated January 25, 2022. Document filed by Metropolitan Life Insurance Company..(Pollock, Bronwyn) |
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Att: 1
Exhibit 1 - FEGLI Contract,
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Att: 2
Exhibit 2 - Flowers Obituary,
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Att: 3
Exhibit 3 - Stewart Form FE-6 Redacted,
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Att: 4
Exhibit 4 - Letter and Check Sent to Ms. Stewart's Counsel - Redacted,
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Att: 5
Exhibit 5 - Letter Rejecting Check
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| Thursday, December 02, 2021 | ||
| 17 | 17
misc
Rule 7.1 Corporate Disclosure Statement
Thu 12/02 10:38 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MetLife, Inc. for Metropolitan Life Insurance Company. Document filed by Metropolitan Life Insurance Company..(Cohen, Ilana) |
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misc
Notice to Attorney to Re-File Document - Deficient Docket Entry Error
Thu 12/02 9:44 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ilana Cohen to RE-FILE Document 16 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
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| Wednesday, December 01, 2021 | ||
| 16 | 16
misc
Rule 7.1 Corporate Disclosure Statement
Wed 12/01 9:34 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Metropolitan Life Insurance Company..(Cohen, Ilana) |
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| Monday, November 22, 2021 | ||
| 15 | 15
1
pgs
order
Order on Motion for Extension of Time to Answer
Mon 11/22 6:31 PM
ORDER granting14 Letter Motion for Extension of Time to Answer re14 LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Paul G. Gardephe from Ilana D. Cohen dated November 19, 2021. The application is granted. SO ORDERED.1 Complaint. Metropolitan Life Insurance Company answer due 1/25/2022. (Signed by Judge Paul G. Gardephe on 11/22/2021) (vfr) |
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| Friday, November 19, 2021 | ||
| 14 | 14
motion
Extension of Time to File Answer
Fri 11/19 6:57 PM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Paul G. Gardephe from Ilana D. Cohen dated November 19, 2021. Document filed by Metropolitan Life Insurance Company..(Cohen, Ilana) |
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| 13 | 13
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Fri 11/19 12:16 PM
ORDER FOR ADMISSION PRO HAC VICE granting12 Motion for Bronwyn F. Pollock to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 11/19/2021) (tg) |
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| Thursday, November 18, 2021 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Thu 11/18 10:26 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Bronwyn F. Pollock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25349280. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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| Wednesday, November 17, 2021 | ||
| 12 | 12
motion
Appear Pro Hac Vice
Wed 11/17 4:08 PM
MOTION for Bronwyn F. Pollock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25349280. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Metropolitan Life Insurance Company..(Pollock, Bronwyn) |
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Att: 1
Affidavit,
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Att: 2
Certificate of Good Standing,
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Att: 3
Text of Proposed Order
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| Wednesday, November 10, 2021 | ||
| 11 | 11
3
pgs
order
Order for Initial Pretrial Conference
Wed 11/10 9:59 AM
NOTICE OF PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on March 10, 2022 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. COUNSEL FOR PLAINTIFF(S) MUST: (i) IMMEDIATELY NOTIFY ALL ATTORNEYS IN THIS ACTION BY SERVING UPON EACH OF THEM COPIES OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES; AND (ii) SEND A COPY OF SUCH NOTICE TO CHAMBERS (without attachments). IF COUNSEL FOR PLAINTIFF(S) IS UNAWARE OF THE IDENTITY OF COUNSEL FOR ANY OF THE PARTIES, COUNSEL FOR PLAINTIFF(S) MUST IMMEDIATELY SEND COPIES OF THE NOTICE AND INDIVIDUAL PRACTICES TO THAT PARTY PERSONALLY. Principal trial counsel must appear at this and all subsequent conferences. So Ordered. ( Initial Conference set for 3/10/2022 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 11/10/21) (yv) |
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| Friday, October 22, 2021 | ||
| 10 | 10
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Fri 10/22 6:34 PM
ORDER FOR ADMISSION PRO HAC VICE granting8 Motion for Todd B. Naylor to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Paul G. Gardephe on 10/22/2021) (kv) |
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| 9 | 9
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Fri 10/22 6:31 PM
ORDER FOR ADMISSION PRO HAC VICE granting7 Motion for Jeffrey S. Goldenberg to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Paul G. Gardephe on 10/22/2021) (kv) |
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| Wednesday, October 20, 2021 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Wed 10/20 9:05 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Jeffrey S. Goldenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25216039. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 10/20 9:06 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Todd B. Naylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25217714. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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| Tuesday, October 19, 2021 | ||
| 8 | 8
motion
Appear Pro Hac Vice
Tue 10/19 4:55 PM
MOTION for Todd B. Naylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25217714. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alverta Stewart..(Naylor, Todd) |
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Att: 1
Affidavit of Todd B. Naylor in Support of Motion,
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Att: 2
Certificate of Good Standing,
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Att: 3
Text of Proposed Order
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| 7 | 7
motion
Appear Pro Hac Vice
Tue 10/19 2:14 PM
MOTION for Jeffrey S. Goldenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25216039. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alverta Stewart..(Goldenberg, Jeffrey) |
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Att: 1
Affidavit of Jeffrey S. Goldenberg in Support of Motion,
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Att: 2
Certificate of Good Standing,
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Att: 3
Text of Proposed Order
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| Friday, October 15, 2021 | ||
| 6 | 6
notice
Notice of Appearance
Fri 10/15 3:32 PM
NOTICE OF APPEARANCE by Ilana Cohen on behalf of Metropolitan Life Insurance Company..(Cohen, Ilana) |
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| Wednesday, October 13, 2021 | ||
| 5 | 5
service
Waiver of Service Executed
Wed 10/13 3:36 PM
WAIVER OF SERVICE RETURNED EXECUTED. Metropolitan Life Insurance Company waiver sent on 10/11/2021, answer due 12/10/2021. Document filed by Alverta Stewart..(Garber, Todd) |
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| Thursday, September 30, 2021 | ||
| 4 | 4
service
Summons Issued
Thu 09/30 10:30 AM
ELECTRONIC SUMMONS ISSUED as to Metropolitan Life Insurance Company..(pc) |
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misc
Notice to Attorney Regarding Party Modification
Thu 09/30 10:16 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Todd Seth Garber. The party information for the following party/parties has been modified: Alverta Stewart. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 09/30 10:19 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Todd Seth Garber. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc) |
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notice
Case Opening Initial Assignment Notice
Thu 09/30 10:25 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Thu 09/30 10:26 AM
Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Thu 09/30 10:26 AM
Case Designated ECF. (pc) |
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| Wednesday, September 29, 2021 | ||
| 3 | 3
service
Request for Issuance of Summons
Wed 09/29 4:44 PM
REQUEST FOR ISSUANCE OF SUMMONS as to METROPOLITAN LIFE INSURANCE COMPANY, re:1 Complaint. Document filed by Alverta Stewart..(Garber, Todd) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 09/29 4:41 PM
CIVIL COVER SHEET filed..(Garber, Todd) |
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| 1 | 1
cmp
Complaint
Wed 09/29 4:40 PM
COMPLAINT against Metropolitan Life Insurance Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-25128851)Document filed by Alverta Stewart..(Garber, Todd) |
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