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15-126 - KELLY v. LINCOLN NATIONAL LIFE INSURANCE COMPANY


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15-126 - KELLY v. LINCOLN NATIONAL LIFE INSURANCE COMPANY
June 2, 2016
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ENTRY ON DEFENDANT'S MOTION TO DISMISS - 13 Motion to Dismiss for Failure to State a Claim is DENIED without prejudice. Instead, this action is STAYED pending resolution of both the state court action and the Kennedy case. Should Kelly opt to pursue her unrelated "benefits" claim now, rather than await a resolution of both the parallel state court case and the Kennedy case, Kelly may move to either lift the stay solely for her "benefits" claim or move to dismiss her "benefits" claim without prejudice and refile it in a separate lawsuit. The parties are ORDERED to submit a joint status report to this Court detailing the status of both the state court action and the Kennedy case within six (6) months from the date of this Entry, or within seven (7) days of the conclusion of both the state court action and the Kennedy case, whichever event occurs first. See Entry for details. Signed by Judge Tanya Walton Pratt on 6/2/2016. (LBT)
May 2, 2018
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ENTRY ON PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE JUDGE'S ORDER ON MOTION TO COMPEL - 86 Appeal of Magistrate Judge Decision to District Court is GRANTED in part and DENIED in part. It is GRANTED as to Requests 17 and 18, and DENIED as to the remaining requests. Accordingly, under Rule 72(a), the Court MODIFIES the Magistrate Judge's Order (Filing No. 84). Lincoln is hereby ORDERED to respond to Requests 17 and 18 within fourteen (14) days from the date of this Order. This matter remains scheduled for trial by jury on September 10, 2018. As per the Entry in Filing No. 95, the Stay expires on May 15, 2018 and Plaintiff's response to 80 the summary judgment motion is due by June 12, 2018. Defendant's reply is due by June 26, 2018. See Entry for details. Signed by Judge Tanya Walton Pratt on 5/2/2018. (LBT)