| Court: | txnd |
| Docket #: | 3:08-cv-00249 |
| Case Name: | Patel et al v. Pacific Life Insurance Company et al |
| PACER case #: | 174327 |
| Date filed: | 2008-02-12 |
| Date terminated: | 2011-03-09 |
| Assigned to: | Judge Jane J Boyle |
| Case Cause: | 28:1332 Diversity-Insurance Contract |
| Nature of Suit: | 110 Insurance |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Pratul M Patel, MD Plaintiff |
Michael P Fritz Brandon Vernon Lewis Eric D. Madden Gary J Cruciani |
| Pratul M Patel, MD,PA Plaintiff |
Michael P Fritz Brandon Vernon Lewis Eric D. Madden Gary J Cruciani |
| Pacific Life Insurance Company Defendant TERMINATED: 08/27/2010 |
Charles W Schwartz Celso M Gonzalez-Falla James R Carroll Kurt Wm Hemr Michelle L Davis |
| Economic Concepts Inc Defendant TERMINATED: 03/08/2011 |
Thomas A Culpepper Robert J D'Anniballe , Jr Roshanak Khosravighasemabadi |
| ECI Pension Services LLC Defendant TERMINATED: 03/08/2011 |
Thomas A Culpepper Robert J D'Anniballe , Jr Roshanak Khosravighasemabadi |
| Kenneth R Hartstein Defendant TERMINATED: 03/08/2011 |
Thomas A Culpepper Robert J D'Anniballe , Jr Roshanak Khosravighasemabadi |
| Bryan Cave LLP Defendant TERMINATED: 05/22/2009 |
Kelly R Vickers Douglas E Whitney Joshua Herman Paul Edward Coggins Thomas C Borders |
| Richard C. Smith Defendant TERMINATED: 05/22/2009 |
Kelly R Vickers Douglas E Whitney Joshua Herman Paul Edward Coggins Thomas C Borders |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2008-02-12 | 1 | 0 | COMPLAINT WITH JURY DEMAND against Kenneth R Hartstein, Pacific Life Insurance Company, Economic Concepts Inc, ECI Pension Services LLC filed by Pratul M Patel, MD, Pratul M Patel, MDPA. (Filing fee $350.00; Receipt number 19211) (lmp) (Entered: 02/13/2008) | |||
| 2008-02-13 | 2 | 0 | Order Designating Case for ECF - see order for specifics. (Signed by Judge Barbara M. G. Lynn on 02/13/08) (lmp) (Entered: 02/13/2008) | |||
| 2008-02-13 | 3 | 0 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pratul M Patel, MD, Pratul M Patel, MDPA. (Madden, Eric) (Entered: 02/13/2008) | |||
| 2008-05-23 | 4 | 0 | NOTICE of Attorney Appearance by Charles W Schwartz for James R. Carroll; Kurt Wm. Hemr; Celso M. Gonzalez-Falla; and Michelle L. Davis on behalf of Pacific Life Insurance Company. (Schwartz, Charles) (Entered: 05/23/2008) | |||
| 2008-05-23 | 5 | 0 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Pacific Life Insurance Company. (Attachments: # 1 Schedule A) (Gonzalez-Falla, Celso) (Entered: 05/23/2008) | |||
| 2008-05-23 | 6 | 0 | STIPULATION by Pratul M Patel, MD, Pratul M Patel, MDPA, Pacific Life Insurance Company. (Attachments: # 1 Text of Proposed Order) (Fritz, Michael) Modified on 5/23/2008 (npk). (Entered: 05/23/2008) | |||
| 2008-06-02 | 7 | 0 | ORDER. Pacific Life shall have until 6/23/08 to move, answer or otherwise respond to the Complaint. Plaintiffs shall have until 8/22/08 to respond to any motions that Pacific Life filed in response to the Complaint; and Pacific Life shall have until 9/22/08 to file any reply briefing in further support of any motions it has filed in response to the Complaint. (Signed by Judge Barbara M. G. Lynn on 6/2/08) (tln) (Entered: 06/02/2008) | |||
| 2008-06-10 | 8 | 0 | Application and Order for Admission Pro Hac Vice by James R Carroll for Pacific Life Insurance Company. (Signed by Judge Barbara M. G. Lynn on 6/10/2008) (axm) (Entered: 06/11/2008) | |||
| 2008-06-10 | 9 | 0 | Application and Order for Admission Pro Hac Vice by Kurt Wm Hemr for Pacific Life Insurance Company. (Signed by Judge Barbara M. G. Lynn on 6/10/2008) (axm) (Entered: 06/11/2008) | |||
| 2008-06-23 | 10 | 0 | STIPULATION by Kenneth R Hartstein, Pratul M Patel, MD, Pratul M Patel, MDPA, Economic Concepts Inc, ECI Pension Services LLC. (Culpepper, Thomas) (Entered: 06/23/2008) | |||
| 2008-06-23 | 11 | 0 | MOTION for Summary Judgment (MOTION to Dismiss and Brief in Support) filed by Pacific Life Insurance Company with Brief/Memorandum in Support. (Schwartz, Charles) Modified per order/document #44 on 2/17/2009 (skt). (Entered: 06/23/2008) | |||
| 2008-06-23 | 12 | 0 | Appendix in Support filed by Pacific Life Insurance Company re 11 MOTION to Dismiss and Brief in Support (Attachments: # STRICKEN EXHIBITS A-E PER ORDER #73***#(1) Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Schwartz, Charles) Modified on 5/26/2009 (jyg). (Entered: 06/23/2008) | |||
| 2008-06-30 | 13 | 0 | ANSWER to 1 Complaint filed by Economic Concepts, Kenneth R Hartstein, and ECI Pension Services LLC. (Culpepper, Thomas) Modified on 6/30/2008 (svc). (Entered: 06/30/2008) | |||
| 2008-07-08 | 14 | 0 | Order for Scheduling Order Proposal: Proposed Scheduling Order due by 8/19/2008. (see order) (Signed by Judge Barbara M. G. Lynn on 7/8/2008) (Attachments: # 1 Consent Letter, # 2 Consent Form) (axm) (Entered: 07/08/2008) | |||
| 2008-08-19 | 15 | 0 | STIPULATION by Kenneth R Hartstein, Pratul M Patel, MD, Pratul M Patel, MDPA, Pacific Life Insurance Company, Economic Concepts Inc, ECI Pension Services LLC. (Fritz, Michael) Modified filers on 8/20/2008 (axm). (Entered: 08/19/2008) | |||
| 2008-08-19 | 16 | 0 | Joint Status Report Regarding Contents of Scheduling Order filed by Kenneth R Hartstein, Pratul M Patel, MD, Pratul M Patel, MDPA, Pacific Life Insurance Company, Economic Concepts Inc, ECI Pension Services LLC. (Attachments: # 1 Exhibit A) (Fritz, Michael) Modified on 8/20/2008 (axm). (Entered: 08/19/2008) | |||
| 2008-08-29 | 17 | 0 | NOTICE OF SERVICE OF RULE 26(a)(1) DISCLOSURES filed by Kenneth R Hartstein, Economic Concepts Inc, ECI Pension Services LLC (Khosravighasemabadi, Roshanak) (Entered: 08/29/2008) | |||
| 2008-09-22 | 18 | 0 | RESPONSE filed by Pratul M Patel, MD, Pratul M Patel, MDPA re 11 MOTION to Dismiss and Brief in Support (Fritz, Michael) (Entered: 09/22/2008) | |||
| 2008-09-22 | 19 | 0 | MOTION to Strike 12 Appendix in Support filed by Pratul M Patel, MD, Pratul M Patel, MDPA with Brief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order proposed Order) (Fritz, Michael) (Entered: 09/22/2008) | |||
| 2008-09-22 | 20 | 0 | SCHEDULING ORDER: Amended Pleadings due by 7/3/2009. Factural Discovery due by 1/5/2010. Expert discovery shall be completed by 4/5/2010. Pretrial Conference set for 6/4/2010 09:00 AM before Judge Barbara M. G. Lynn. Joinder of Parties due by 7/3/2009. Jury Trial set on this Court's three-week docket beginning 6/7/2010 09:00 AM before Judge Barbara M. G. Lynn. Motions due by 2/5/2010. Pretrial Order due by 5/17/2010. Pretrial Materials due by 5/17/2010. Settlment Status Report due by 12/10/2009. See Order (Signed by Judge Barbara M. G. Lynn on 9/22/08) (svc) (Entered: 09/23/2008) | |||
| 2008-09-29 | 21 | 0 | MOTION for Leave to File First Amended Complaint and Brief in Support Thereof filed by Pratul M Patel, MD, Pratul M Patel, MDPA (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order) (Fritz, Michael) Modified on 9/30/2008 (jyg). (Entered: 09/29/2008) | |||
| 2008-10-09 | 22 | 0 | ORDER granting 21 Motion for Leave to File First Amended Complaint. Counsel granted leave to file an amended pleading under LR 15.1 is reminded to electronically file the amended pleading within 3 days. (see order) (Signed by Judge Barbara M. G. Lynn on 10/09/08) (lmp) (Entered: 10/10/2008) | |||
| 2008-10-10 | 23 | 0 | AMENDED COMPLAINT WITH JURY DEMAND against all defendants filed by Pratul M Patel, MD, Pratul M Patel, MDPA. Clerk to issue summons(es). (Fritz, Michael) (Entered: 10/10/2008) | |||
| 2008-10-20 | 24 | 0 | MOTION for Leave to File Annotated Copy of Its Motion to Dismiss and Brief in Support filed by Pacific Life Insurance Company with Brief/Memorandum in Support. (Attachments: # 1 Exhibit 1) (Schwartz, Charles) (Entered: 10/20/2008) | |||
| 2008-10-20 | 25 | 0 | Unopposed MOTION To Extend Page Limits on Reply in Further Support of Its Motion to Dismiss and Memorandum of Law filed by Pacific Life Insurance Company (Schwartz, Charles) (Entered: 10/20/2008) | |||
| 2008-10-22 | 26 | 0 | ELECTRONIC ORDER granting 24 Motion for Leave to File. (Ordered by Judge Barbara M. G. Lynn on 10/22/2008) (M) (Entered: 10/22/2008) | |||
| 2008-10-22 | 27 | 0 | ELECTRONIC ORDER granting 25 Motion to Extend Page Limits on Reply Brief (Ordered by Judge Barbara M. G. Lynn on 10/22/2008) (M) (Entered: 10/22/2008) | |||
| 2008-10-22 | 28 | 0 | RESPONSE in Opposition filed by Pacific Life Insurance Company re 19 MOTION to Strike Exhibits attached 12 Appendix in Support (Schwartz, Charles) Modified on 10/23/2008 (jyg). (Entered: 10/22/2008) | |||
| 2008-10-22 | 29 | 0 | REPLY in Further Support of re: 11 MOTION to Dismiss and Brief in Support filed by Pacific Life Insurance Company (Schwartz, Charles) Modified on 10/23/2008 (jyg). (Entered: 10/22/2008) | |||
| 2008-10-23 | 30 | 0 | Unopposed MOTION for Leave to File Annotated Copy of Its Response to Defendant's Motion to Dismiss filed by Pratul M Patel, MD, Pratul M Patel, MDPA (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order) (Fritz, Michael) (Entered: 10/23/2008) | |||
| 2008-10-24 | 31 | 0 | Amended MOTION to Dismiss (Amended 11 MOTION to Dismiss Marked to Show References to Plaintiffs' First Amended Complaint) filed by Pacific Life Insurance Company with Brief/Memorandum in Support. (Schwartz, Charles) Modified on 10/24/2008 (jyg). Modified per order/document #44 on 2/17/2009 (skt). (Entered: 10/24/2008) | |||
| 2008-10-24 | 32 | 0 | ELECTRONIC ORDER granting 30 Motion for Leave to File. (Ordered by Judge Barbara M. G. Lynn on 10/24/2008) (M) (Entered: 10/24/2008) | |||
| 2008-10-24 | 33 | 0 | RESPONSE filed by Pratul M Patel, MD, Pratul M Patel, MDPA re 31 Amended MOTION to Dismiss Marked to Show References to Plaintiffs' First Amended Complaint (Fritz, Michael) Modified on 10/24/2008 (jyg). (Entered: 10/24/2008) | |||
| 2008-11-05 | 34 | 0 | WAIVER OF SERVICE Returned Executed as to Bryan Cave LLP. Waiver sent on 10/23/2008. (Madden, Eric) (Entered: 11/05/2008) | |||
| 2008-11-05 | 35 | 0 | WAIVER OF SERVICE Returned Executed as to Richard C. Smith. Waiver sent on 10/23/2008. (Madden, Eric) (Entered: 11/05/2008) | |||
| 2008-11-06 | 36 | 0 | Plaintiffs' REPLY to Pacific Life's Response to Plaintiffs' Motion to Strike re: 19 MOTION to Strike 12 Appendix in Support filed by Pratul M Patel, MD, Pratul M Patel, MDPA (Madden, Eric) (Entered: 11/06/2008) | |||
| 2008-11-19 | 37 | 0 | ***PROPOSED ORDER***STIPULATION re 23 Amended Complaint by Bryan Cave LLP, Richard C. Smith. (Vickers, Kelly) Modified on 11/20/2008 (tln). (Entered: 11/19/2008) | |||
| 2008-11-19 | 38 | 0 | NOTICE of Attorney Appearance by Kelly Rothermel Vickers on behalf of Bryan Cave LLP, Richard C. Smith. (Vickers, Kelly) (Entered: 11/19/2008) | |||
| 2008-11-20 | 39 | 0 | NOTICE of Attorney Appearance by Paul Edward Coggins on behalf of Bryan Cave LLP, Richard C. Smith. (Coggins, Paul) (Entered: 11/20/2008) | |||
| 2008-11-20 | 40 | 0 | ORDER REASSIGNING CASE. Case transferred to Judge Jane J Boyle for possible consolidation with 3:08cv248-B. Judge Barbara M. G. Lynn no longer assigned to case. (Ordered by Judge Barbara M. G. Lynn on 11/20/08) (jyg) (Entered: 11/21/2008) | |||
| 2008-11-24 | 41 | 0 | Application and Order for Admission Pro Hac Vice by Thomas C Borders for Bryan Cave LLP and Richard C. Smith. (Ordered by Judge Jane J Boyle on 11/24/2008) (axm) (Entered: 11/25/2008) | |||
| 2008-12-03 | 42 | 0 | NOTICE of Attorney Appearance by Joshua Herman on behalf of Bryan Cave LLP, Richard C. Smith. (Herman, Joshua) (Entered: 12/03/2008) | |||
| 2008-12-03 | 43 | 0 | RULE 7.1 DISCLOSURE STATEMENT by Bryan Cave LLP. (Vickers, Kelly) Modified on 12/4/2008 (jyg). (Entered: 12/03/2008) | |||
| 2008-12-17 | 44 | 0 | ***VACATED PER 4/8/2009 ORDER (doc 68)*** ORDER re Motion to Dismiss and Amended Motion to Dismiss (docs #11, 31)and Motion to Strike Defendant's Appendix (doc #19). The Court converts these Motions pursuant to Federal Rule of Civil Procedure 12(d), because it intends to consider certain documents attached in support of the Motions that the Court considers "matters outside the pleadings."This Order shall therefore serve as notice to the parties of the Court's intention in considering the above-identified Motions. (see order) (Ordered by Judge Jane J Boyle on 12/17/08) (lmp) Modified on 4/8/2009 (axm). (Entered: 12/18/2008) | |||
| 2008-12-31 | 45 | 0 | MOTION to Dismiss First Amended Complaint and Brief in Support filed by Bryan Cave LLP, Richard C. Smith with Brief/Memorandum in Support. (Vickers, Kelly) (Entered: 12/31/2008) | |||
| 2008-12-31 | 46 | 0 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bryan Cave LLP, Richard C. Smith. (Vickers, Kelly) (Entered: 12/31/2008) | |||
| 2008-12-31 | 47 | 0 | Appendix in Support filed by Bryan Cave LLP, Richard C. Smith re 45 MOTION to Dismiss First Amended Complaint and Brief in Support (Attachments: # 1 Exhibit Exhibit 1 to Appendix, # 2 Exhibit Exhibit 2 to Appendix, # 3 Exhibit Exhibit 3 to Appendix, # 4 Exhibit Exhibit 4) (Vickers, Kelly) (Entered: 12/31/2008) | |||
| 2009-01-12 | 48 | 0 | Application and Order for Admission Pro Hac Vice by Douglas E Whitney for Bryan Cave LLP and Richard C. Smith. (Ordered by Judge Jane J Boyle on 1/9/09) (svc) (Entered: 01/12/2009) | |||
| 2009-01-12 | 49 | 0 | Appendix in Support filed by Pacific Life Insurance Company re 11 MOTION to Dismiss and Brief in Support, 44 Order,, Pacific Life's Appendix of Previously Submitted Exhibits, Resubmitted Pursuant to the Court's Order Dated December 17, 2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Gonzalez-Falla, Celso) (Entered: 01/12/2009) | |||
| 2009-01-12 | 50 | 0 | Supplemental Response filed by Pratul M Patel, MD, Pratul M Patel, MDPA To Recently Converted Motion for Summary Judgment and Alternative Rule 56(f) Motion for Continuance to Conduct Discovery. (Madden, Eric) Modified on 1/13/2009 (svc). (Entered: 01/12/2009) | |||
| 2009-01-12 | 51 | 0 | Brief/Memorandum in Support filed by Pratul M Patel, MD, Pratul M Patel, MDPA re 50 Response to Order (Madden, Eric) (Entered: 01/12/2009) | |||
| 2009-01-12 | 52 | 0 | Appendix in Support filed by Pratul M Patel, MD, Pratul M Patel, MDPA re 50 Response to Order (Madden, Eric) (Entered: 01/12/2009) | |||
| 2009-01-16 | 53 | 0 | Agreed MOTION to Establish Briefing Schedule for Pending Motions to Dismiss filed by Pratul M Patel, MD, Pratul M Patel, MDPA (Madden, Eric) (Entered: 01/16/2009) | |||
| 2009-01-26 | 54 | 0 | ELECTRONIC ORDER granting 53 Agreed Motion to Establish Briefing Schedule for Pending Motions to Dismiss. Plaintiffs shall have until March 13, 2009 to file a response to the motions to dismiss filed by Defendants (docs. 11, 31, 45). Defendants shall have until April 30, 2009 to file any reply briefing. (Ordered by Judge Jane J Boyle on 01/26/09) (B) (Entered: 01/26/2009) | |||
| 2009-01-29 | 55 | 0 | ELECTRONIC ORDER denying as moot 19 Motion to Strike exhibits attached to the Motion to Dismiss. Per doc. 44, the Court has converted the pending Motions to Dismiss to Motions for Summary Judgment and intends to consider certain documents attached in support of the Motions. (Ordered by Judge Jane J Boyle on 01/29/2009) (B) (Entered: 01/29/2009) | |||
| 2009-01-30 | 56 | 0 | ***PROPOSED ORDER***STIPULATION re 50 MOTION to Continue by Pacific Life Insurance Company. (Schwartz, Charles) Modified on 2/2/2009 (svc). (Entered: 01/30/2009) | |||
| 2009-02-04 | 57 | 0 | RESPONSE filed by Pacific Life Insurance Company re 50 Plaintiffs' Rule 56(f) MOTION. (Schwartz, Charles) Modified on 2/5/2009 (klm). (Entered: 02/04/2009) | |||
| 2009-02-12 | 58 | 0 | ***PROPOSED ORDER***STIPULATION by Pratul M Patel, MD, Pratul M Patel, MDPA. (Madden, Eric) Modified on 2/13/2009 (jrb). (Entered: 02/12/2009) | |||
| 2009-02-13 | 59 | 0 | ORDER: Having considered the Stipulation filed by the parties on February 13, 2009 (Doc. # 58), the court hereby extends from February 19, 2009 to February 23, 2009, the time for Plaintiffs to file their Reply in Further Support of Their Supplemental Response to Recently Converted Motions for Summary Judgment and Alternative Rule 56(f) Motion for Continuance to Conduct Discovery. (Ordered by Judge Jane J Boyle on 02/13/09) (lmp) (Entered: 02/17/2009) | |||
| 2009-02-20 | 60 | 0 | ORDER denying 11 Motion for Summary Judgment. (See Order) (Ordered by Judge Jane J Boyle on 2/20/09) (skt) (Entered: 02/23/2009) | |||
| 2009-03-13 | 61 | 0 | ***PROPOSED ORDER***STIPULATION by Pratul M Patel, MD, Pratul M Patel, MDPA. (Madden, Eric) Modified on 3/16/2009 (tln). (Entered: 03/13/2009) | |||
| 2009-03-13 | 62 | 0 | ORDER setting deadlines as to 45 Bryan Cave LLP's and Richard C. Smith's Motion to Dismiss First Amended Complaint. Responses due by 3/19/2009. Replies due by 5/6/2009. (Ordered by Judge Jane J Boyle on 3/13/09) (klm) (Entered: 03/16/2009) | |||
| 2009-03-19 | 63 | 0 | Unopposed MOTION for Leave to Extend Page Limits on Response to Defendants Bryan Cave, LLP and Richard C. Smith's Motion to Dismiss and Brief in Support filed by Pratul M Patel, MD, Pratul M Patel, MDPA. (Madden, Eric) Modified on 3/20/2009 (tln). (Entered: 03/19/2009) | |||
| 2009-03-19 | 64 | 0 | RESPONSE filed by Pratul M Patel, MD, Pratul M Patel, MDPA re 45 MOTION to Dismiss First Amended Complaint and Brief in Support (Madden, Eric) (Entered: 03/19/2009) | |||
| 2009-03-19 | 65 | 0 | Appendix in Support filed by Pratul M Patel, MD, Pratul M Patel, MDPA re 64 Response to Motion to Dismiss (Madden, Eric) (Entered: 03/19/2009) | |||
| 2009-03-20 | 66 | 0 | Supplemental Document by Pratul M Patel, MD, Pratul M Patel, MDPA as to 64 Response to Motion to Dismiss. (Madden, Eric) (Entered: 03/20/2009) | |||
| 2009-03-31 | 67 | 0 | ORDER granting 63 Plaintiffs' Unopposed Motion for Leave to Extend Page Limits on Response to Defendants Bryan Cave LLP and Richard Smith's Motion to Dismiss and Brief in Support. (Ordered by Judge Jane J Boyle on 3/31/09) (tln) (Entered: 03/31/2009) | |||
| 2009-04-08 | 68 | 0 | ORDER denying as moot 50 Plaintiff's Rule 56(f) Motion for Continuance to Conduct Discovery. The Court vacates its December 17, 2008 Order and a decision on 31 Pacific Life's Amended Motion to Dismiss will be rendered in due course. (see order) (Ordered by Judge Jane J Boyle on 4/8/2009) (axm) (Entered: 04/08/2009) | |||
| 2009-05-04 | 69 | 0 | Unopposed MOTION for Leave to File Leave to Extend Page Limitation of Reply Brief in Support of Motion to Dismiss filed by Bryan Cave LLP, Richard C. Smith (Vickers, Kelly) (Entered: 05/04/2009) | |||
| 2009-05-04 | 70 | 0 | ORDER granting 69 Unopposed Motion for Leave to Extend Page Limitation of Reply Brief in Support of Motion to Dismiss. The Reply Brief shall not exceed fifteen (15) pages. (Ordered by Judge Jane J Boyle on 5/4/09) (tln) (Entered: 05/04/2009) | |||
| 2009-05-06 | 71 | 0 | REPLY in Support re: 45 MOTION to Dismiss First Amended Complaint and Brief in Support filed by Bryan Cave LLP, Richard C. Smith (Herman, Joshua) (Entered: 05/06/2009) | |||
| 2009-05-06 | 72 | 0 | Supplement to Appendix in Support filed by Bryan Cave LLP, Richard C. Smith re 45 Motion to Dismiss First Amended Complaint. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6) (Herman, Joshua) Modified on 5/7/2009 (axm). (Entered: 05/06/2009) | |||
| 2009-05-22 | 73 | 0 | MEMORANDUM OPINION: The Court GRANTS 19 Plaintiffs' Motion to Strike Exhibits; GRANTS 31 Pacific Life's Motion to Dismiss; and GRANTS 45 Bryan Cave LLP's and Richard C. Smith's Motion to Dismiss First Amended Complaint. (see order) (Ordered by Judge Jane J Boyle on 05/22/09) (Judge Jane J Boyle) (Entered: 05/22/2009) | |||
| 2009-06-08 | 74 | 0 | STIPULATION to Extend Time to File Amended Complaint by Pratul M Patel, MD, Pratul M Patel, MDPA. (Madden, Eric) Modified on 6/9/2009 (jyg). (Entered: 06/08/2009) | |||
| 2009-06-15 | 75 | 0 | ORDER: The Court rejects that parties' Stipulation, but will allow Plaintiffs an extension of time from Thursday, June 11, 2009 until Friday, June 19, 2009, to amend their pleadings under the parameters stated by the Court in its May 22, 2009 Memorandum Opinion (see doc. 73). (see order) (Ordered by Judge Jane J Boyle on 06/15/09) (lmp) (Entered: 06/15/2009) | |||
| 2009-06-15 | 76 | 0 | Second STIPULATION Regarding Deadline to File Amended Complaint and Synopsis by Pratul M Patel, MD, Pratul M Patel, MDPA. (Madden, Eric) Modified on 6/16/2009 (jrb). (Entered: 06/15/2009) | |||
| 2009-06-16 | 77 | 0 | ORDER: The deadline for Plaintiffs to file their amended complaint is extended to 6/30/2009. (see order) (Ordered by Judge Jane J Boyle on 6/16/2009) (klm) (Entered: 06/16/2009) | |||
| 2009-06-30 | 78 | 0 | AMENDED COMPLAINT WITH JURY DEMAND SECOND against all defendants filed by Pratul M Patel, MD, Pratul M Patel, MDPA. (Madden, Eric) (Entered: 06/30/2009) | |||
| 2009-06-30 | 79 | 0 | Supplemental Document by Pratul M Patel, MD, Pratul M Patel, MDPA as to 78 Amended Complaint Synopsis of Second Amended Complaint. (Madden, Eric) (Entered: 06/30/2009) | |||
| 2009-07-10 | 80 | 0 | ***DOCKETED USING WRONG EVENT - SEE DOC. 81*** Response To Plaintiffs' Proposed Second Amended Complaint and Synopsis ANSWER to 78 Amended Complaint filed by Pacific Life Insurance Company (Schwartz, Charles) Modified on 7/13/2009 (klm). (Entered: 07/10/2009) | |||
| 2009-07-10 | 81 | 0 | RESPONSE in Opposition filed by Pacific Life Insurance Company re 78 Amended Complaint. (klm) (Entered: 07/13/2009) | |||
| 2009-07-24 | 82 | 0 | MOTION for Leave to File Additional Pertinent Authority filed by Pacific Life Insurance Company (Schwartz, Charles) Modified on 7/27/2009 (skt). (Entered: 07/24/2009) | |||
| 2009-09-21 | 83 | 0 | ORDER Granting 82 MOTION for Leave to File Additional Pertinent Authority. (See Order) (Ordered by Judge Jane J Boyle on 9/21/09) (svc) (Entered: 09/22/2009) | |||
| 2009-09-29 | 84 | 0 | Application and Order for Admission Pro Hac Vice by Robert J D'Anniballe, Jr for Kenneth R Hartstein, Economic Concepts Inc and ECI Pension Services LLC. (Ordered by Judge Jane J Boyle on 09/29/2009) (rrr) (Entered: 09/29/2009) | |||
| 2009-10-01 | 85 | 0 | Submission of Additional Pertinent Authority by Pacific Life Insurance Company. (Schwartz, Charles) Modified on 10/2/2009 (axm). (Entered: 10/01/2009) | |||
| 2009-10-26 | 86 | 0 | NOTICE of New Facsimile Number filed by Pacific Life Insurance Company (Schwartz, Charles) (Entered: 10/26/2009) | |||
| 2010-03-02 | 87 | 0 | NOTICE of Change of Address by Paul Edward Coggins, counsel for Bryan Cave LLP, Richard C. Smith. New address is: 2200 Ross Ave., Suite 2200, Dallas TX 75201 (Coggins, Paul) (Entered: 03/02/2010) | |||
| 2010-06-30 | 88 | 0 | ORDER CONSOLIDATING CASES FOR PRETRIAL PROCEEDINGS AND REFERRING ALL PRETRIAL MATTERS TO MAGISTRATE JUDGE KAPLAN. For the duration of the pretrial phase of these cases, all future orders, pleadings, motions, and other documents shall be filed in cause no. 3:08-cv-0248-B. (see order for specifics) (Ordered by Judge Jane J Boyle on 6/30/2010) (tln) (Entered: 07/01/2010) | |||
| 2010-07-02 | 89 | 0 | ***VACATED per 94 Order*** AMENDED ORDER re 88 Order Consolidating Case: The Court ORDERS that the following cases are, until further order, consolidated for pretrial purposes (See Order.) (Ordered by Judge Jane J Boyle on 7/2/2010) (twd) Modified on 10/4/2010 (twd). (Entered: 07/02/2010) | |||
| 2010-08-27 | 90 | 0 | MEMORANDUM OPINION AND ORDER: The Court determines that Plaintiffs have failed to allege sufficient facts to overcome the previously-stated grounds for dismissal. The Court determines that further amendment of the pleadings is not warranted and all of Plaintiffs' claims against Defendant Pacific Life are therefore DISMISSED WITH PREJUDICE. (See Order) (Ordered by Judge Jane J Boyle on 8/27/2010) (skt) (Entered: 08/30/2010) | |||
| 2010-09-24 | 91 | 0 | MOTION for Reconsideration and for Leave to Amend and Supporting Memorandum of Law filed by Pratul M Patel, MDPA, Pratul M Patel, MD (Attachments: # 1 Proposed Third Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H) (Madden, Eric). Added MOTION to Amend/Correct on 9/27/2010 (axm). (Entered: 09/24/2010) | |||
| 2010-09-24 | 92 | 0 | ADDITIONAL ATTACHMENTS Exhibit B to 91 MOTION for Reconsideration and for Leave to Amend and Supporting Memorandum of Law by Plaintiffs Pratul M Patel, MDPA, Pratul M Patel, MD. (Madden, Eric) (Entered: 09/24/2010) | |||
| 2010-09-28 | 93 | 0 | ORDER denying 91 Motion for Reconsideration ; denying 91 Motion to Amend/Correct (Ordered by Judge Jane J Boyle on 9/28/2010) (Judge Jane J Boyle) (Entered: 09/28/2010) | |||
| 2010-09-29 | 94 | 0 | ORDER VACATING CONSOLIDATION: This Court's 89 Amended Order of 7/02/2010 consolidated the following cases included as part of the multi-district litigation matter. For purposes of case administration, the Court finds that the Amended Order should be and is VACATED to the extent that it orders consolidation and filing. As such, the parties should file all future orders, pleadings, motions, and other documents in their respective actions. Only the original parties in Berry v. Indianapolis Life Insurance Co. should file documents in case no. 3:08-CV-0248-B going forward. (See Order.) (Ordered by Judge Jane J Boyle on 9/29/2010) (twd) (Entered: 10/01/2010) | |||
| 2010-10-19 | 95 | 0 | MOTION for Summary Judgment On The Pleadings filed by ECI Pension Services LLC, Economic Concepts Inc, Kenneth R Hartstein (Khosravighasemabadi, Roshanak) (Entered: 10/19/2010) | |||
| 2010-10-19 | 96 | 0 | Brief/Memorandum in Support filed by ECI Pension Services LLC, Economic Concepts Inc, Kenneth R Hartstein re 95 MOTION for Summary Judgment On The Pleadings (Khosravighasemabadi, Roshanak) (Entered: 10/19/2010) | |||
| 2010-11-04 | 97 | 0 | Unopposed MOTION to Establish Agreed Briefing Schedule for Pending Rule 12(c) Motion filed by Pratul M Patel, MDPA, Pratul M Patel, MD (Madden, Eric) Modified on 11/5/2010 (axm). (Entered: 11/04/2010) | |||
| 2010-11-08 | 98 | 0 | ORDER setting deadlines as to 95 Motion for Summary Judgment, granting 97 Unopposed MOTION to Establish Agreed Briefing Schedule for Pending Rule 12(c) Motion. Responses due by 12/3/2010. Replies due by 1/7/2011. (see order) (Ordered by Judge Jane J Boyle on 11/8/2010) (tln) (Entered: 11/08/2010) | |||
| 2010-12-03 | 99 | 0 | RESPONSE filed by Pratul M Patel, MDPA, Pratul M Patel, MD re: 95 MOTION for Summary Judgment On The Pleadings (Madden, Eric) (Entered: 12/03/2010) | |||
| 2011-01-07 | 100 | 0 | REPLY filed by ECI Pension Services LLC, Economic Concepts Inc, Kenneth R Hartstein re: 95 MOTION for Summary Judgment On The Pleadings (Culpepper, Thomas) (Entered: 01/07/2011) | |||
| 2011-01-07 | 101 | 0 | CERTIFICATE OF SERVICE by ECI Pension Services LLC, Economic Concepts Inc, Kenneth R Hartstein re 100 Reply MEMORANDUM OF DEFENDANTS, ECONOMIC CONCEPTS, INC. (Culpepper, Thomas) (Entered: 01/07/2011) | |||
| 2011-03-08 | 102 | 0 | Memorandum Opinion and Order granting 95 Motion for Summary Judgment filed by Economic Concepts Inc, ECI Pension Services LLC, Kenneth R Hartstein. (Ordered by Judge Jane J Boyle on 3/8/2011) (tln) (Entered: 03/09/2011) | |||
| 2011-03-09 | 103 | 0 | FINAL JUDGMENT. Plaintiffs Pratul M. Patel, M.D. and Pratul M. Patel, M.D., P.A. take nothing by their suit against Defendants Pacific Life Insurance Company, Economic Concepts, Inc., E.C.I. Pension Services, L.L.C., and Kenneth R. Hartstein, and that this suit be, and it is hereby, DISMISSED on the merits at Plaintiff's cost. (Ordered by Judge Jane J Boyle on 3/9/2011) (jrb) (Entered: 03/10/2011) | |||
| 2011-04-08 | 104 | 0 | NOTICE OF APPEAL to the Fifth Circuit as to 103 Judgment,, Order Returning Case to District Judge, 93 Order on Motion for Reconsideration, Order on Motion to Amend/Correct, 90 Memorandum Opinion and Order,, Add and Terminate Attorneys,, Add and Terminate Parties, 102 Memorandum Opinion and Order by Pratul M Patel, MDPA, Pratul M Patel, MD. Filing fee $455, receipt number 0539-3818828. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Madden, Eric) (Entered: 04/08/2011) | |||
| 2011-07-14 | 105 | 0 | ORDER of USCA as to 104 Notice of Appeal,, filed by Pratul M Patel, MD, Pratul M Patel, MD,PA is dismissed pursuant to appellant's motion. (svc) (Entered: 07/25/2011) |