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05-2400 - Michael v. American International Group, Inc. et al


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05-2400 - Michael v. American International Group, Inc. et al
February 10, 2006
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ORDER granting 5 Motion to Add Party; Signed by Judge Rodney W. Sippel on 2/10/06. (ARL)
March 1, 2006
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MEMORANDUM re: the 3/1/06 Status Conference (see document for details) Signed by Judge E. Richard Webber on 03/01/2006. (BDC)
June 20, 2006
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Disability Reinsurance Management Services,Inc.'s Motion to Stay Proceedings for Further Administrative Review or, Alternatively, to DismissCase for Failure to Exhaust Administrative Remedies [doc. #38] and Defendants American InternatlGroup, Inc., American International Group, Inc. Long Term Disability Plan, and AmericanInternational Life Assurance Company of New York Motion to Stay Proceedings for FurtherAdministrative Review or, Alternatively, to Dismiss Case for Failure to Exhaust AdministrativeRemedies [doc. #43] are GRANTED. This matter shall be stayed for up to 150 days while Plaintiffexhausts her administrative remedies. This stay extends to all matters except the subpoena power ofthe Court. Plaintiff shall have 60 days from the date of this Order in which to submit any additionalinformation to DRMS in support of her benefit claim and appeal. Thereafter, DRMS shall have 45days, or up to a maximum of 90 days if special circumstances require additional time and DRMSnotifies Plaintiff of the extension, in which to review Plaintiff's submission, conduct any additionalinvestigation and render a final benefit determination. After DRMS renders its final benefitdetermination, or on the date which is 150 days from the date of this Order, whichever occurs first,the parties shall file a status report with the Court.IT IS FURTHER ORDERED that Plaintiff's Motion for Preliminary Injunction [doc. #31]is DENIED as moot at this time. Plaintiff must exhaust her administrative remedies before pursuing her claims in this Court.IT IS FURTHER ORDERED that Plaintiff's Second Motion for Preliminary InjunctionSeeking Production of Information and Documents [doc. #49] is WITHDRAWN. Plaintiff withdrewsaid Motion on May 18, 2006. Signed by Judge E. Richard Webber on June 20, 2006. (MCB)
February 20, 2007
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ber on 2/20/07. (KLH, )MEMORANDUM AND ORDER. FURTHER ORDERED that the parties shall submit to this Court a joint proposed scheduling plan for the Court's consideration, no later than March 2, 2007. Joint Scheduling Plan due by 3/2/2007. Signed by Judge E. Richard Web
July 31, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Disability Reinsurance Management Services' Motion for Reconisderation 76 is DENIED. IT IS FURTHER ORDERED that, in light of the Court's ruling on Defendant DRMS's Motion for Reconsideration, Plaintiff's Motion to Strike 83 is DENIED, as moot . Signed by Judge E. Richard Webber on 7/31/07. (BAK, )
September 15, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Motion for Summary Judgment [doc. #98] is DENIED. IT IS FURTHER ORDERED that American International Group, Inc., American International Group, Inc. Long Term Disability Plan and American International Life Assurance Company of New York's Motion for Summary Judgment [doc. #100] is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment [doc. #102] is GRANTED. The Court will therefore enter Judgment in favor of Plaintiff on Claim III of Plaintiff's Complaint. Plaintiff is entitled to benefits due under the Plan since August 24, 2005. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File SupplementalMotion for Summary Judgment [doc. #116] is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Supplemental Motion for Summary Judgment [doc. #116-2] is GRANTED, in part, and DENIED, in part. The Court GRANTS summary judgment on Count II of Plaintiff's Complaint; Defendants must produce the administrative services contract to Plaintiffs within ten days from the date of this order. This document shall be produced through the Court's CM/ECF system. It is to be filed under seal and may be used by the Parties for the purposes of this action only, and may not be disclosed to any third parties. The Court DENIES summary judgment on Count I of Plaintiff's Complaint as there is a genuine issue of material fact. IT IS FURTHER ORDERED that Plaintiff's Combined Motion to Strike New Assertion of Fact and Arguments First Presented in Defendant DRMS' Reply Brief in Support of Its Motion for Summary Judgment or, in the alternative, Motion for Leave to File Surreply to Address SuchNew Assertion of Fact and Arguments and Memorandum in Support Thereof [doc. #117] is GRANTED in part, and DENIED, in part. Plaintiff's Motion to Strike is DENIED, but Plaintiff's Motion for Leave to File Surreply is GRANTED.IT IS FURTHER ORDERED that Plaintiff's Combined Motion to Strike New Assertionof Fact and Arguments First Presented in the AIG Defendants Reply Brief in Support of Its Motion for Summary Judgment or, in the alternative, Motion for Leave to File Surreply to Address Such New Evidence, Assertions of Fact and Arguments and Memorandum in Support Thereof [doc. #118] is GRANTED in part, and DENIED, in part. Plaintiff's Motion to Strike is DENIED, but Plaintiff's Motion for Leave to File Surreply is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Combined Motion for Leave to Notify the Court of New Authority and Proposed Notice [doc. #122] is GRANTED. Signed by Honorable E. Richard Webber on September 15, 2008. (MCB)
September 15, 2008
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JUDGMENT IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Motion for Summary Judgment [doc. #98] is DENIED, Motion for Summary Judgment [doc. #100] is DENIED, Motion for Summary Judgment [doc. #120] is GRANTED, and Supplemental Motion for Summary Judgment [doc. #116-2] is GRANTED, in part, and DENIED, in part. Judgement is entered in favor of Plaintiff on Count III of Plaintiff's Complaint. Plaintiff is entitled to benefits due under the Plan since August 24, 2005. Judgment is also entered in favor of Plaintiff on Count II of Plaintiff's Complaint; Defendants must produce the administrative services contract to Plaintiffs within ten days from the date of this order. The Court denies summary judgment on Count I of Plaintiff's Complaint as there is a genuine issue of material fact. Signed by Honorable E. Richard Webber on September 15, 2008. (MCB)
September 30, 2008
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MEMORANDUM AND ORDER. ORDERED that Defendants' Joint Motion for Clarification of the Court's September 15, 2008 Memorandum and Order 132 is GRANTED. The September 15, 2008 Memorandum and Order granted summary judgment on the issue of Plaintiff's benefit eligibility and not the amount of benefits payable to Plaintiff. Signed by Honorable E. Richard Webber on 9/30/08. (KLH)
November 5, 2008
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiff's Combined Motion for Further Statutory Penalties for Failure to Produce Correct Administrative Services Contract as Ordered by the Court [doc. #135] and Plaintiff's Combined Second Motion for Further Statutory Penalties for Failure to Produce Documents [doc. #140] are GRANTED, in part and DENIED, in part. Defendants must disclose the Treaty subject to the limitations enumerated above, however, the accumulation of statutory penalties is deemed to have concluded upon production of the Agreement on September 25, 2008. Signed by Honorable E. Richard Webber on 11/5/08. (RJD)