Case: Kulwicki v. Aetna, Inc.

Kulwicki v. Aetna

COMPLAINT against Aetna Life Insurance Company, Aetna, Inc. ( Filing fee $402 receipt number BCTDC-6824330.), filed by TARA KULWICKI. (Attachments: # 1 Civil Cover Sheet)(Guglielmo, Joseph) (Entered: 02/09/2022)

1 Civil Cover Sheet

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Order on Pretrial Deadlines: Amended Pleadings due by 4/10/2022 Discovery due by 8/11/2022 Dispositive Motions due by 9/15/2022 Signed by Clerk on 2/9/2022.(LaLone, L.) (Entered: 02/09/2022)

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Robert N. Chatigny on 2/9/2022.(LaLone, L.) (Entered: 02/09/2022)

STANDING PROTECTIVE ORDER Signed by Judge Robert N. Chatigny on 2/9/2022.(LaLone, L.) (Entered: 02/09/2022)

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 1 Complaint filed by Tara Kulwicki, 3 Electronic Filing Order, 2 Order on Pretrial Deadlines, 4 Standing Protective Order Signed by Clerk on 2/9/2022.(LaLone, L.) (Entered: 02/09/2022)

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Aetna Life Insurance Company, Aetna, Inc.* with answer to complaint due within *21* days. Attorney *Joseph P. Guglielmo* *Scott+Scott, Attorneys at Law, LLP, The Helmsley Building* *230 Park Avenue, 17th Floor* *New York, NY 10169*. (LaLone, L.) (Entered: 02/09/2022)

Request for Clerk to issue summons as to All Defendants. (Guglielmo, Joseph)

Judge Robert N. Chatigny added. (Walker, J.)

Request to Issue Summons

Add and Terminate Judges

AFFIDAVIT of Service for Complaint + Summons served on Aetna, Inc. c/o CT Corp. on 02/10/2022, filed by Tara Kulwicki. (Guglielmo, Joseph) (Entered: 02/16/2022)

AFFIDAVIT of Service for Complaint + Summons served on Aetna Life Insurance Co. c/o CT Corp. on 02/10/2022, filed by Tara Kulwicki. (Guglielmo, Joseph) (Entered: 02/16/2022)

NOTICE of Appearance by Dennis O. Brown on behalf of Aetna Life Insurance Company, Aetna, Inc. (Brown, Dennis) (Entered: 02/24/2022)

First MOTION for Extension of Time until April 1, 2022 Respond to Complaint 1 Complaint by Aetna Life Insurance Company, Aetna, Inc.. (Brown, Dennis) (Entered: 02/24/2022)

ORDER granting 10 Motion for Extension of Time to 4/1/2022 to answer or otherwise respond to the Plaintiff's Class Action Complaint. Signed by Judge Robert N. Chatigny on 2/24/2022. (Rickevicius, L.) (Entered: 02/24/2022)

Answer deadline updated for Aetna Life Insurance Company to 4/1/2022; Aetna, Inc. to 4/1/2022. (Rickevicius, L.)

Order on Motion for Extension of Time

Update Answer Deadline

MOTION for Attorney(s) Carey Alexander to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number BCTDC-6847249) by Tara Kulwicki. (Attachments: # 1 Exhibit A-Declaration of Carey Aleander)(Guglielmo, Joseph) (Entered: 02/28/2022)

ORDER granting 12 Motion for Attorney(s) Carey Alexander to be Admitted Pro Hac Vice. Certificate of Good Standing due by 4/30/2022. Signed by Clerk on 3/1/2022. (LaLone, L.) (Entered: 03/01/2022)

Order on Motion for Admission Pro Hac Vice

CERTIFICATE OF GOOD STANDING re 12 MOTION for Attorney(s) Carey Alexander to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number BCTDC-6847249) by Tara Kulwicki. (Alexander, Carey) (Entered: 03/03/2022)

MOTION for Attorney(s) Mariellen Dugan to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6861932) by Aetna Life Insurance Company, Aetna, Inc.. (Attachments: # 1 Exhibit A)(Brown, Dennis) (Entered: 03/11/2022)

ORDER granting 15 Motion for Attorney Mariellen Dugan to be Admitted Pro Hac Vice. Certificate of Good Standing due by 5/10/2022. Signed by Clerk on 3/11/2022. (LaLone, L.) (Entered: 03/11/2022)

Order on Motion for Admission Pro Hac Vice

MOTION for Attorney(s) Earl Austin to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6884487) by Aetna Life Insurance Company, Aetna, Inc.. (Attachments: # 1 Exhibit A - Affidavit of Earl Austin)(Brown, Dennis) (Entered: 03/31/2022)

ORDER granting 17 Motion for Attorney Earl Austin to be Admitted Pro Hac Vice. Certificate of Good Standing due by 5/31/2022. Signed by Clerk on 4/1/2022. (LaLone, L.) (Entered: 04/01/2022)

MOTION to Dismiss by Aetna Life Insurance Company.Responses due by 4/22/2022 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Craig Allocca, # 3 Declaration of Teresa Dibartola, # 4 Declaration of Donna Lynch, # 5 Declaration of Sarah E. Reeves)(Brown, Dennis) (Entered: 04/01/2022)

1 Memorandum in Support

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2 Declaration of Craig Allocca

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3 Declaration of Teresa Dibartola

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4 Declaration of Donna Lynch

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5 Declaration of Sarah E. Reeves

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Order on Motion for Admission Pro Hac Vice

MOTION for Attorney(s) MaryBeth V. Gibson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number BCTDC-6888230) by Tara Kulwicki. (Attachments: # 1 Exhibit A-Declaration of MaryBeth V. Gibson)(Guglielmo, Joseph) (Entered: 04/04/2022)

NOTICE of Appearance by Mariellen Dugan on behalf of Aetna Life Insurance Company, Aetna, Inc. (Dugan, Mariellen) (Entered: 04/04/2022)

MOTION for Attorney(s) MaryBeth V. Gibson to be Admitted Pro Hac Vice by Tara Kulwicki. (Attachments: # 1 Ex. A-Declaration of MaryBeth V. Gibson)(Guglielmo, Joseph) (Entered: 04/06/2022)

ORDER granting 22 Motion for Attorney MaryBeth V. Gibson to be Admitted Pro Hac Vice. Certificate of Good Standing due by 6/5/2022. Signed by Clerk on 4/6/2022. (LaLone, L.) (Entered: 04/06/2022)

ORDER denying as moot 20 Motion to Appear Pro hac vice in light of ECF No. 23. Signed by Judge Robert N. Chatigny on 4/6/2022. (Rickevicius, L.) (Entered: 04/06/2022)

Order on Motion for Admission Pro Hac Vice

CERTIFICATE OF GOOD STANDING re 20 MOTION for Attorney(s) MaryBeth V. Gibson to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number BCTDC-6888230), 22 MOTION for Attorney(s) MaryBeth V. Gibson to be Admitted Pro Hac Vice by Tara Kulwicki. (Gibson, MaryBeth) (Entered: 04/11/2022)

Consent MOTION for Extension of Time until May 13, 2022 Response to Motion to Dismiss, MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss until May 13, 2022 by Tara Kulwicki. (Guglielmo, Joseph) Modified event on 4/14/2022 (LaLone, L.). (Entered: 04/13/2022)

NOTICE of Appearance by MaryBeth V. Gibson on behalf of Tara Kulwicki (Gibson, MaryBeth) (Entered: 04/14/2022)

ORDER granting 26 Consent Motion for Extension of Time to 5/13/2022 to File a Response to 19 MOTION to Dismiss. Signed by Judge Robert N. Chatigny on 4/14/2022. (Rickevicius, L.) (Entered: 04/14/2022)

Set/Reset Deadlines as to 19 MOTION to Dismiss. Responses due by 5/13/2022. (Rickevicius, L.) (Entered: 04/14/2022)

NOTICE of Appearance by Carey Alexander on behalf of Tara Kulwicki (Alexander, Carey) (Entered: 04/14/2022)

Order on Motion for Extension of Time to File Response/Reply to Motion

Set Motion and Rcmd Ruling Deadlines/Hearings

CERTIFICATE OF GOOD STANDING re 15 MOTION for Attorney(s) Mariellen Dugan to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6861932) by Aetna Life Insurance Company, Aetna, Inc.. (Dugan, Mariellen) (Entered: 04/26/2022)

ORDER: The court has reviewed the file in this case to monitor the parties' compliance with Local Rule 26(f). Local Rule 26(f) provides that, within 30 days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for the purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 14 days after the conference, the participants must jointly complete and file a report of the conference using Form 26(f). It appears that more than forty days have passed since the appearance of a defendant in this case, but no joint report has been filed. Accordingly, it is hereby ordered that the parties file the required report on or before May 17, 2022. So ordered. Signed by Judge Robert N. Chatigny on 5/3/2022. (Rickevicius, L.) (Entered: 05/03/2022)

Set Deadlines: Rule 26 Meeting Report due by 5/17/2022. (Rickevicius, L.)

Order

Set Deadlines/Hearings

NOTICE of Appearance by Earl B. Austin, III on behalf of Aetna Life Insurance Company, Aetna, Inc. (Austin, Earl) (Entered: 05/06/2022)

MOTION for Attorney(s) Jamisen A. Etzel to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6925471) by Tara Kulwicki. (Attachments: # 1 Declaration of Jamisen A. Etzel)(Guglielmo, Joseph) (Entered: 05/06/2022)

MOTION for Attorney(s) Gary F. Lynch to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6925484) by Tara Kulwicki. (Attachments: # 1 Declaration of Gary F. Lynch)(Guglielmo, Joseph) (Entered: 05/06/2022)

ORDER granting 34 Motion for Attorney Jamisen A. Etzel to be Admitted Pro Hac Vice. Certificate of Good Standing due by 7/9/2022. Signed by Clerk on 5/10/2022. (LaLone, L.) Modified text on 5/10/2022 (LaLone, L.). (Entered: 05/10/2022)

ORDER granting 35 Motion for Attorney Gary F. Lynch to be Admitted Pro Hac Vice. Certificate of Good Standing due by 7/9/2022. Signed by Clerk on 5/10/2022. (LaLone, L.) (Entered: 05/10/2022)

Order on Motion for Admission Pro Hac Vice

NOTICE of Appearance by Gary F. Lynch on behalf of Tara Kulwicki (Lynch, Gary) (Entered: 05/11/2022)

CERTIFICATE OF GOOD STANDING re 35 MOTION for Attorney(s) Gary F. Lynch to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6925484) by Tara Kulwicki. (Lynch, Gary) (Entered: 05/11/2022)

NOTICE of Appearance by Jamisen A. Etzel on behalf of Tara Kulwicki (Etzel, Jamisen) (Entered: 05/11/2022)

CERTIFICATE OF GOOD STANDING re 34 MOTION for Attorney(s) Jamisen A. Etzel to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6925471) by Tara Kulwicki. (Etzel, Jamisen) (Entered: 05/11/2022)

AMENDED COMPLAINT against Aetna Life Insurance Company, filed by Tara Kulwicki.(Lynch, Gary) (Entered: 05/13/2022)

MOTION for Extension of Time until May 23, 2022 to file Rule 26(f) Report by Aetna Life Insurance Company, Aetna, Inc.. (Brown, Dennis) (Entered: 05/16/2022)

ORDER granting 43 Consent Motion for Extension of Time to 5/23/2022 to file the parties joint Rule 26(f) Report. Signed by Judge Robert N. Chatigny on 5/17/2022. (Rickevicius, L.) (Entered: 05/17/2022)

Set Deadlines: Rule 26 Meeting Report due by 5/23/2022. (Rickevicius, L.)

Order on Motion for Extension of Time

Set Deadlines/Hearings

REPORT of Rule 26(f) Planning Meeting. (Lynch, Gary) (Entered: 05/23/2022)

ORDER denying as moot 19 Motion to Dismiss in light of 42 Amended Complaint. Signed by Judge Robert N. Chatigny on 5/24/2022. (Rickevicius, L.) (Entered: 05/24/2022)

SCHEDULING ORDER: Please read full text of attached Order. Discovery due by 3/31/2023; Initial Status Report due by 6/24/2022; Prefiling Conference Request Re: Dispositive Motions due 2/14/2023; Settlement Conference 4/2023; Trial Ready Date 11/17/2023; Trial Brief due by 10/13/2023. Signed by Judge Robert N. Chatigny on 5/24/2022. (Rickevicius, L.) (Entered: 05/24/2022)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for 9/22/2022 at 11:30 AM before Judge Robert N. Chatigny. Please use the following dial in information for the call. Dial 866-434-5269, Access Code 8189198#. (Rickevicius, L.) (Entered: 05/24/2022)

Order on Motion to Dismiss

Calendar Entry

CERTIFICATE OF GOOD STANDING re 17 MOTION for Attorney(s) Earl Austin to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6884487) by Aetna Life Insurance Company. (Austin, Earl) (Entered: 05/31/2022)

MOTION to Dismiss by Aetna Life Insurance Company.Responses due by 6/24/2022 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration of DiBartola, # 3 Affidavit Declaration of Lynch, # 4 Affidavit Declaration of Reeves)(Brown, Dennis) (Entered: 06/03/2022)

1 Memorandum in Support

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2 Affidavit Declaration of DiBartola

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3 Affidavit Declaration of Lynch

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4 Affidavit Declaration of Reeves

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Consent MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss until July 1, 2022 by Tara Kulwicki. (Lynch, Gary) (Entered: 06/22/2022)

ORDER granting 51 Consent Motion for Extension of Time to File Response re 50 MOTION to Dismiss. Response due by 7/1/2022. Signed by Judge Robert N. Chatigny on 6/23/2022. (Rickevicius, L.) (Entered: 06/23/2022)

Set/Reset Deadlines as to 50 MOTION to Dismiss. Response due by 7/1/2022. (Rickevicius, L.) (Entered: 06/23/2022)

Order on Motion for Extension of Time to File Response/Reply to Motion

Set Motion and Rcmd Ruling Deadlines/Hearings

Joint STATUS REPORT by Tara Kulwicki. (Guglielmo, Joseph) (Entered: 06/24/2022)

Set Deadlines: Status Report due by 9/24/2022. (Rickevicius, L.)

Set Deadlines/Hearings

Memorandum in Opposition re 50 MOTION to Dismiss filed by Tara Kulwicki. (Lynch, Gary) (Entered: 07/01/2022)

REPLY to Response to 50 MOTION to Dismiss filed by Aetna Life Insurance Company. (Brown, Dennis) (Entered: 07/15/2022)

CANCELLATION NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for 9/22/2022 11:30 AM before Judge Robert N. Chatigny is cancelled. (Rickevicius, L.) (Entered: 08/31/2022)

Calendar Entry

NOTICE of Appearance by Greil Roberts on behalf of Aetna Life Insurance Company (Roberts, Greil) (Entered: 09/01/2022)

Joint STATUS REPORT by Tara Kulwicki. (Lynch, Gary) (Entered: 09/23/2022)

Set Deadlines: Status Report due by 12/23/2022. (Rickevicius, L.)

Set Deadlines/Hearings

MOTION for Attorney(s) Kenneth A. Held to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7103967) by Tara Kulwicki. (Attachments: # 1 1-Declaration of Kenneth A. Held)(Guglielmo, Joseph) (Entered: 10/17/2022)

1 1-Declaration of Kenneth A. Held

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ORDER granting 60 Motion for Kenneth A. Held to Appear Pro Hac Vice. Certificate of Good Standing due by 12/17/2022. Signed by Clerk on 10/18/2022. (Sichanh, Christina) Modified text on 10/18/2022 (Sichanh, Christina). (Entered: 10/18/2022)

Order on Motion for Admission Pro Hac Vice

NOTICE of Appearance by Kenneth A. Held on behalf of Tara Kulwicki (Held, Kenneth) (Entered: 10/21/2022)

CERTIFICATE OF GOOD STANDING re 60 MOTION for Attorney(s) Kenneth A. Held to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7103967) by Tara Kulwicki. (Held, Kenneth) (Entered: 10/21/2022)

Consent MOTION Modify Scheduling Order re 47 Scheduling Order, by Tara Kulwicki.Responses due by 12/6/2022 (Lynch, Gary) (Entered: 11/15/2022)

ORDER granting 64 Consent Motion to modify scheduling order. Discovery to be completed by June 29, 2023; The parties will designate all trial experts and provide opposing counsel with reports from retained experts on any issues on which they bear the burden of proof by February 13, 2023, and any such experts will be deposed on or before March 16, 2023; The parties will designate all trial experts and provide opposing counsel with reports from retained experts on any issues on which they do not bear the burden of proof by May 18, 2023, and any such experts will be deposed on or before June 29, 2023; Plaintiffs will serve a damages analysis on or before February 13, 2023; A settlement conference will be scheduled for the month of July 2023; A joint trial memorandum will be filed on or before January 11, 2024; The case will be placed on the trial ready list for February 15, 2024; Any request for a prefiling conference regarding a motion for summary judgment must be submitted on or before May 15, 2023. Due to the length of this extension, further extensions are unlikely to be granted. So ordered. Signed by Judge Robert N. Chatigny on 11/16/2022. (Rickevicius, L.) (Entered: 11/16/2022)

Set Deadlines: Discovery due by 6/29/2023; Trial Brief due by 1/11/2024; Trial Ready Date 2/15/2024. (Rickevicius, L.)

Order on Motion for Miscellaneous Relief

Set Deadlines/Hearings

NOTICE of Appearance by Erin Green Comite on behalf of Tara Kulwicki (Comite, Erin) (Entered: 12/02/2022)

Joint MOTION for Extension of Time until January 6, 2023 to File Joint Status Report Set Deadlines/Hearings by Tara Kulwicki. (Etzel, Jamisen) (Entered: 12/23/2022)