Hockenstein v. CIGNA HEALTH AND LIFE INSURANCE COMPANY
New York Southern District Court | |
Judge: | Edgardo Ramos |
Case #: | 1:22-cv-04046 |
Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
Cause | 29:1001 E.R.I.S.A.: Employee Retirement |
Case Filed: | May 17, 2022 |
Last checked: Sunday Nov 13, 2022 3:33 AM EST |
Defendant
Cigna Health and Life Insurance Company
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Represented By
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Plaintiff
Jeremy Hockenstein
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Represented By
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Docket last updated: 5 hours ago |
Monday, May 12, 2025 | ||
47 | 47
![]() MEMO ENDORSEMENT with respect to45 Motion for Settlement. ENDORSEMENT: A conference is scheduled for May 29, 2025 at 11:00 a.m. in Courtroom 619 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. (Signed by Judge Edgardo Ramos on 5/12/2025) (rro) |
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utility
Set/Reset Hearings
Mon 05/12 4:43 PM
Set/Reset Hearings: Status Conference set for 5/29/2025 at 11:00 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (rro) |
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Friday, May 09, 2025 | ||
46 | 46
![]() MEMORANDUM OF LAW in Support re:45 MOTION for Settlement // Motion for Final Approval of Class Action Settlement . . Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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45 | 45
![]() MOTION for Settlement // Motion for Final Approval of Class Action Settlement . Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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Friday, March 28, 2025 | ||
44 | 44
![]() MEMORANDUM OF LAW in Support re:43 MOTION for Attorney Fees and service award to named plaintiff . . Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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43 | 43
![]() MOTION for Attorney Fees and service award to named plaintiff . Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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Att: 1
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Friday, February 07, 2025 | ||
42 | 42
![]() STIPULATION AND HIPAA QUALIFIED PROTECTIVE ORDER AND ORDER TO DISCLOSE PROTECTED HEALTH INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 2/7/2025) (jca) |
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Thursday, February 06, 2025 | ||
41 | 41
![]() PROPOSED PROTECTIVE ORDER. Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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Friday, January 31, 2025 | ||
40 | 40
![]() PRELIMINARY CLASS ACTION SETTLEMENT APPROVAL ORDER granting38 Motion to Approve. Pursuant to Fed. R. Civ. P. 23(c)(1), the Court conditionally certifies this action as a class action and for purposes of settlement and conditionally certifies the Settlement Class as defined below in accordance with Fed. R. Civ. P. 23(c)(1)(B): and further set forth in this Order. A final hearing on the fairness and reasonableness of the Settlement Agreement and whether final approval shall be given to it, and the requests for fees and expenses by Class Counsel and an incentive award to Plaintiff Jeremy Hockenstein will be held on May 29, 2025 at 11:00 a.m. All Settlement Class Members may request to appear and be heard at the Final Approval Hearing by following the instructions in the class Notice, including sending a letter to the Settlement Administrator or the Court, post marked at least 30 days prior to the Final Approval Hearing, which states it is a ''Notice of Intention to Appear at the Hockenstein v. Cigna Approval Hearing," and including the index number for this action, and the Settlement Class Member's name, address, telephone number, email, and signature. (Signed by Judge Edgardo Ramos on 1/31/2025) (rro) |
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utility
Set/Reset Hearings
Fri 01/31 5:17 PM
Set/Reset Hearings: Settlement Conference set for 5/29/2025 at 11:00 AM before Judge Edgardo Ramos. (rro) |
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Wednesday, January 29, 2025 | ||
39 | 39
![]() MEMORANDUM OF LAW in Support re:38 MOTION to Approve Preliminary Approval of Class Action Settlement Agreement [UNOPPOSED] . . Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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38 | 38
![]() MOTION to Approve Preliminary Approval of Class Action Settlement Agreement [UNOPPOSED] . Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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Wednesday, November 08, 2023 | ||
37 | 37
![]() CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Rule 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The case is not to be tried to a jury. TBD. Equitable claims by bench trial; money damages, if any, triable by jury. Depositions pursuant to Rules 30 and 31 shall be completed by the date set forth in paragraph 7(a). Counsel for the parties have conferred and their best estimate of the length of trial is two weeks. Motions due by 3/1/2024. Deposition due by 3/14/2025. Fact Discovery due by 10/31/2024. Expert Discovery due by 3/14/2025. Case Management Conference set for 3/14/2025 at 11:00 AM before Judge Edgardo Ramos. (And as further set forth herein.) SO ORDERED. (Signed by Judge Edgardo Ramos on 11/8/2023) (jca) |
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Tuesday, November 07, 2023 | ||
misc
Remark
Tue 11/07 4:49 PM
NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Dale E. Ho is no longer assigned to the case. (Case was assigned to Judge Ho in error). (tro) |
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Wednesday, November 01, 2023 | ||
36 | 36
![]() ORDER: An order issued October 18, 2023, adjourned a previously-scheduled status conference to November 1, 2023. It is hereby ORDERED that the conference scheduled for November 1, 2023, is ADJOURNED, pending further order of the Court. The Court apologizes to the parties for any inconvenience. SO ORDERED. (Signed by Judge Dale E Ho on 11/1/2023) (rro) |
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Friday, October 27, 2023 | ||
35 | 35
![]() JOINT LETTER addressed to Judge Dale E. Ho from Dmitriy Tishyevich and Gabriel Posner dated October 27, 2023 re: Status Update and Submission of Civil Case Management Plan and Scheduling Order. Document filed by Cigna Health and Life Insurance Company..(Tishyevich, Dmitriy) |
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Att: 1
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Thursday, October 26, 2023 | ||
34 | 34
![]() ORDER: An order issued October 18, 2023, adjourned a previously-scheduled status conference to November 1, 2023. That order required the parties to file a joint status letter, attaching a proposed case management plan, by October 25, 2023. No such letter was filed. It is hereby ORDERED that the parties shall file the required materials as soon as possible and no later than October 27, 2023. SO ORDERED. (Signed by Judge Dale E Ho on 10/26/2023) (ks) Modified on 10/26/2023 (ks) |
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Wednesday, October 18, 2023 | ||
33 | 33
![]() NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov/hon-dale-e-ho. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Provided, the conference scheduled for October 26, 2023, is ADJOURNED to November 1, 2023, at 2:30 P.M. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 729 706 391, followed by the pound (#) sign, as further set forth. (Telephone Conference set for 11/1/2023 at 02:30 PM before Judge Dale E Ho.) (Signed by Judge Dale E Ho on 10/18/2023) (mml) |
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notice
Notice of Case Assignment/Reassignment
Wed 10/18 12:31 PM
NOTICE OF CASE REASSIGNMENT to Judge Dale E Ho. Judge Edgardo Ramos is no longer assigned to the case..(kgo) |
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Tuesday, October 03, 2023 | ||
32 | 32
![]() ANSWER to17 Amended Complaint,. Document filed by Cigna Health and Life Insurance Company..(Tishyevich, Dmitriy) |
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Tuesday, September 19, 2023 | ||
31 | 31
![]() OPINION & ORDER: re:24 MOTION to Dismiss the First Amended Complaint (Partial) filed by Cigna Health and Life Insurance Company. For the foregoing reasons, Cigna's motion to dismiss the § 502(a)(3) claim in Count I for failure to state a claim is DENIED. Cigna's motion to dismiss the § 502(a)(3) claims in Counts II and III for failure to state a claim is GRANTED. The parties are directed to appear for a telephonic conference scheduled for October 26, 2023 at 2:30 p.m. The parties are directed to dial 877-411-9748 and enter access code 3029857# when prompted. The Clerk of Court is respectfully directed to terminate the motion, Doc. 24. IT IS SO ORDERED., ( Telephone Conference set for 10/26/2023 at 02:30 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 9/19/2023) (ama) |
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Thursday, April 27, 2023 | ||
30 | 30
![]() AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Connecticut General Corporation, Corporate Parent Cigna Holding Company, Corporate Parent The Cigna Group, Corporate Parent Cigna Holdings, Inc., Corporate Parent Connecticut General Life Insurance Company for Cigna Health and Life Insurance Company. Document filed by Cigna Health and Life Insurance Company..(Tishyevich, Dmitriy) |
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Monday, December 12, 2022 | ||
29 | 29
![]() REPLY MEMORANDUM OF LAW in Support re:24 MOTION to Dismiss the First Amended Complaint (Partial) . . Document filed by Cigna Health and Life Insurance Company..(Tishyevich, Dmitriy) |
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28 | 28
![]() NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/21/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
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27 | 27
![]() TRANSCRIPT of Proceedings re: CONFERENCE held on 10/21/2022 before Judge Edgardo Ramos. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2023. Redacted Transcript Deadline set for 1/12/2023. Release of Transcript Restriction set for 3/13/2023..(McGuirk, Kelly) |
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Monday, December 05, 2022 | ||
26 | 26
![]() MEMORANDUM OF LAW in Opposition re:24 MOTION to Dismiss the First Amended Complaint (Partial) . . Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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Monday, November 14, 2022 | ||
25 | 25
![]() MEMORANDUM OF LAW in Support re:24 MOTION to Dismiss the First Amended Complaint (Partial) . . Document filed by Cigna Health and Life Insurance Company..(Tishyevich, Dmitriy) |
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24 | 24
![]() MOTION to Dismiss the First Amended Complaint (Partial) . Document filed by Cigna Health and Life Insurance Company. Responses due by 12/5/2022.(Tishyevich, Dmitriy) |
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Friday, October 21, 2022 | ||
minutes
Pre-Motion Conference ~Util - Set Deadlines
Fri 10/28 10:59 AM
Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 10/21/2022 by telephone. Plaintiff's and Defendant's counsel present. Defendant is granted leave to file motion to dismiss with the following briefing schedule: motion is due Monday November 14, 2022; Plaintiff's response is due on December 5, 2022; and Defense's reply is due on December 12, 2022. (jar) |
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Thursday, October 20, 2022 | ||
23 | 23
![]() NOTICE OF APPEARANCE by Richard Diggs on behalf of Cigna Health and Life Insurance Company..(Diggs, Richard) |
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Friday, September 23, 2022 | ||
order
Order on Motion to Adjourn Conference
Fri 09/23 1:42 PM
ORDER granting21 Motion to Adjourn Conference. The telephonic pre-motion conference is adjourned to October 21, 2022 at 10:00 AM. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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Thursday, September 22, 2022 | ||
21 | 21
![]() LETTER MOTION to Adjourn Conference with consent of all parties addressed to Judge Edgardo Ramos from Gabriel Posner, Esq. dated September 22, 2022. Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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order
Order on Motion for Conference
Thu 09/22 12:21 PM
ORDER granting18 Letter Motion for Conference. A pre-motion conference is scheduled for October 5, 2022 at 10:00 AM by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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Wednesday, September 14, 2022 | ||
19 | 19
![]() LETTER addressed to Judge Edgardo Ramos from Gabriel Posner, Esq dated 9/14/2022 re: Plaintiff's Response to Defendant's Pre-Motion Letter. Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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Monday, September 12, 2022 | ||
18 | 18
![]() LETTER MOTION for Conference (Pre-Motion) addressed to Judge Edgardo Ramos from Dmitriy Tishyevich dated September 12, 2022. Document filed by Cigna Health and Life Insurance Company..(Tishyevich, Dmitriy) |
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Friday, August 12, 2022 | ||
17 | 17
![]() FIRST AMENDED COMPLAINT amending1 Complaint against Cigna Health and Life Insurance Company with JURY DEMAND.Document filed by Jeremy Hockenstein. Related document:1 Complaint..(Posner, Gabriel) |
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Wednesday, July 13, 2022 | ||
16 | 16
![]() ORDER: granting15 Letter Motion to Adjourn Conference. The pre-motion conference scheduled for July 21, 2022 is adjourned. The plaintiff is granted leave to file an amended complaint no later than August 12, 2022, and the defendant is granted leave to respond 30 days after the amended complaintis filed. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 7/13/2022) (ama) |
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Set/Reset Deadlines
Wed 07/13 10:33 AM
Set/Reset Deadlines: Amended Pleadings due by 8/12/2022. (ama) |
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Tuesday, July 12, 2022 | ||
15 | 15
![]() CONSENT LETTER MOTION to Adjourn Conference scheduled for July 21, 2022 addressed to Judge Edgardo Ramos from Gabriel Posner, Esq. dated 7/12/2022. Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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Thursday, July 07, 2022 | ||
order
Order on Motion for Conference
Thu 07/07 12:01 PM
ORDER granting13 Letter Motion for Conference. A pre-motion conference will be held on July 21, 2022 at 11:00 a.m. by telephone. Plaintiff is directed to submit a response not longer than 3 pages by July 14, 2022. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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Tuesday, July 05, 2022 | ||
13 | 13
![]() LETTER MOTION for Conference (Pre-Motion) addressed to Judge Edgardo Ramos from Dmitriy Tishyevich dated July 5, 2022. Document filed by Cigna Health and Life Insurance Company..(Tishyevich, Dmitriy) |
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12 | 12
![]() NOTICE OF APPEARANCE by Dmitriy Tishyevich on behalf of Cigna Health and Life Insurance Company..(Tishyevich, Dmitriy) |
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Monday, June 13, 2022 | ||
10 | 10
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Connecticut General Corporation, Corporate Parent Cigna Holding Company, Corporate Parent Cigna Holdings, Inc., Corporate Parent Cigna Corporation, Corporate Parent Connecticut General Life Insurance Company for Cigna Health and Life Insurance Company. Document filed by Cigna Health and Life Insurance Company..(Haskel, Warren) |
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misc
Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement
Mon 06/13 9:40 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Warren Haskel to RE-FILE Document No. 8 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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order
Order on Motion for Extension of Time to Answer
Mon 06/13 4:10 PM
ORDER granting9 Letter Motion for Extension of Time to Answer. Cigna Health and Life Insurance Company time to answer or otherwise respond to the complaint is extended to July 5, 2022. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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Friday, June 10, 2022 | ||
9 | 9
![]() LETTER MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to the Complaint addressed to Judge Edgardo Ramos from Warren Haskel dated June 10, 2022. Document filed by Cigna Health and Life Insurance Company..(Haskel, Warren) |
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Att: 1
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8 | 8
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cigna Health and Life Insurance Company..(Haskel, Warren) |
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7 | 7
![]() NOTICE OF APPEARANCE by Warren Haskel on behalf of Cigna Health and Life Insurance Company..(Haskel, Warren) |
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6 | 6
![]() NOTICE OF APPEARANCE by Joshua B. Simon on behalf of Cigna Health and Life Insurance Company..(Simon, Joshua) |
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Wednesday, June 08, 2022 | ||
5 | 5
![]() AFFIDAVIT OF SERVICE. Cigna Health and Life Insurance Company served on 5/23/2022, answer due 6/13/2022. Service was accepted by Donna Gaudet, Incoming Legal Coordinator. Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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Wednesday, May 18, 2022 | ||
4 | 4
![]() ELECTRONIC SUMMONS ISSUED as to Cigna Health and Life Insurance Company. (vf) |
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misc
Notice to Attorney Regarding Party Modification
Wed 05/18 10:46 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gabriel Posner. The party information for the following party/parties has been modified: CIGNA HEALTH AND LIFE INSURANCE COMPANY, Jeremy Hockenstein. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 05/18 10:49 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gabriel Posner. The following case opening statistical information was erroneously selected/entered: Cause of Action code 29:1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:1001 E.R.I.S.A.: Employee Retirement. (vf) |
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notice
Case Opening Initial Assignment Notice
Wed 05/18 10:53 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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] ..(vf) |
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utility
Case Designation
Wed 05/18 10:53 AM
Magistrate Judge Barbara C. Moses 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] . (vf) |
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Case Designated ECF
Wed 05/18 10:53 AM
Case Designated ECF. (vf) |
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Tuesday, May 17, 2022 | ||
3 | 3
![]() REQUEST FOR ISSUANCE OF SUMMONS as to CIGNA HEALTH AND LIFE INSURANCE COMPANY, re:1 Complaint. Document filed by Jeremy Hockenstein..(Posner, Gabriel) |
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2 | 2
![]() CIVIL COVER SHEET filed..(Posner, Gabriel) |
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1 | 1
![]() COMPLAINT against CIGNA HEALTH AND LIFE INSURANCE COMPANY. (Filing Fee $ 402.00, Receipt Number ANYSDC-26159526)Document filed by Jeremy Hockenstein..(Posner, Gabriel) |