South Dakota District Court
Judge:Karen E Schreier
Case #: 4:16-cv-04117
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause28:1331 Fed. Question
Case Filed:Aug 19, 2016
Terminated:Jan 25, 2018
Last checked: Wednesday Feb 15, 2017 3:25 AM CST
Defendant
Principal Life Insurance Company
Represented By
Jason R. Sutton
Boyce Law Firm
contact info
Plaintiff
Keri L. Ernster
Represented By
Mitchell A. Peterson
Davenport, Evans, Hurwitz & Smith
contact info


Docket last updated: 11 hours ago
Thursday, January 25, 2018
27 27 order Judgment Thu 01/25 2:08 PM
JUDGMENT OF DISMSISAL Signed by U.S. District Judge Karen E. Schreier on 1/25/18. (SLW)
Related: [-]
26 26 motion Dismiss Thu 01/25 12:55 PM
Joint MOTION to Dismiss Pursuant to Fed.R.Civ.P. 41(a) by Principal Life Insurance Company. (Marso, Lisa)
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Thursday, December 21, 2017
25 25 notice Notice Thu 12/21 2:26 PM
NOTICE by Keri L. Ernster OF SETTLEMENT . (Peterson, Mitchell)
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Friday, October 13, 2017
24 24 1 pgs order Order on Motion to Extend Deadlines Fri 10/13 4:51 PM
ORDER granting23 Motion to Extend Deadlines - Dispositive Motions due by 12/29/2017. Signed by U.S. District Judge Karen E. Schreier on 10/13/17. (DJP)
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23 23 motion Extend Deadlines Fri 10/13 1:11 PM
Joint MOTION to Extend Deadlines for Dispositive Motion by Keri L. Ernster. (Peterson, Mitchell)
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Monday, August 14, 2017
22 22 order Order on Motion to Extend Deadlines Mon 08/14 9:13 AM
ORDER granting21 Motion to Extend Deadlines - Dispositive Motion Deadline . Motions due by 10/17/2017. Signed by U.S. District Judge Karen E. Schreier on 8/14/17. (SLW)
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Friday, August 11, 2017
21 21 motion Extend Deadlines Fri 08/11 3:42 PM
Joint MOTION to Extend Deadlines - Dispositive Motion Deadline by Principal Life Insurance Company. (Marso, Lisa)
Related: [-]
Tuesday, June 27, 2017
20 20 order Order on Motion to Extend Tue 06/27 2:00 PM
ORDER granting19 Motion to Extend. Signed by U.S. District Judge Karen E. Schreier on 6/27/2017. (JLS)
Related: [-]
19 19 motion Extend Tue 06/27 8:40 AM
Joint MOTION to Extend re15 Order on Motion to Extend Deadlines (For An Enlargement Of The Dispositive Motion Deadline) by Principal Life Insurance Company. (Marso, Lisa)
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Thursday, June 15, 2017
18 18 order Order on Motion for Admission Pro Hac Vice Thu 06/15 4:45 PM
ORDER granting17 Motion for Admission Pro Hac Vice of Attorney Edna S. Kersting for Principal Life Insurance Company. Signed by U.S. District Judge Karen E. Schreier on 6/15/2017. (JLS)
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17 17 motion Admission Pro Hac Vice Thu 06/15 2:53 PM
MOTION for Attorney Edna S. Kersting to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2541777) by Principal Life Insurance Company. (Marso, Lisa)
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16 16 notice Notice of Appearance Thu 06/15 2:51 PM
NOTICE of Appearance by Lisa Hansen Marso on behalf of Principal Life Insurance Company. (Marso, Lisa)
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Wednesday, May 31, 2017
15 15 order Order on Motion to Extend Deadlines Wed 05/31 10:34 AM
ORDER granting14 Motion to Extend Deadlines. Motions due by 7/1/2017. Signed by U.S. District Judge Karen E. Schreier on 5/31/2017. (JLS)
Related: [-]
Tuesday, May 30, 2017
14 14 motion Extend Deadlines Tue 05/30 11:56 AM
Joint MOTION to Extend Deadlines of Dispositive Motion Deadline by Principal Life Insurance Company. (Sutton, Jason)
Related: [-]
Thursday, October 27, 2016
13 13 order Scheduling Order Thu 10/27 5:00 PM
SCHEDULING ORDER: Discovery due by 5/1/2017 Motions due by 6/1/2017. Signed by U.S. District Judge Karen E. Schreier on 10/27/16. (SLW)
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12 12 misc Discovery Report Thu 10/27 11:16 AM
Discovery Report (Joint) and Scheduling Information by Principal Life Insurance Company.(Sutton, Jason)
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Monday, October 03, 2016
11 11 order Order for Discovery Report Mon 10/03 11:16 AM
ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Karen E. Schreier on 10/3/16. (DJP)
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Thursday, September 29, 2016
10 10 answer Answer to Complaint Thu 09/29 5:00 PM
Defendant's ANSWER to Complaint and Affirmative Defenses by Principal Life Insurance Company. (Sutton, Jason)
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Monday, September 26, 2016
9 9 order Order on Motion for Miscellaneous Relief Mon 09/26 3:12 PM
ORDER denying as moot7 Motion because the relief was already granted at docket 8. Signed by U.S. District Judge Karen E. Schreier on September 26, 2016. (Schreier, Karen)
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8 8 order Order on Motion to Dismiss for Failure to State a Claim Mon 09/26 3:10 PM
Based on the Joint Motion for Relief and Related Stipulation (docket 7), it is ORDERED that the motion to dismiss for failure to state a claim (docket 5) is granted in part and denied in part. The motion to dismiss plaintiff's ERISA claim is denied. Plaintiff's state-law claims for breach of contract, breach of fiduciary duty, bad faith, punitive damages, and recovery of attorney's fees under SDCL 58-12-3 are dismissed as preempted by ERISA. This matter will be tried to the court. Signed by U.S. District Judge Karen E. Schreier on September 26, 2016. (Schreier, Karen)
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Tuesday, September 20, 2016
7 7 motion Miscellaneous Relief Tue 09/20 10:08 AM
Joint MOTION and Related Stipulation for Relief by Principal Life Insurance Company. (Sutton, Jason)
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Tuesday, September 06, 2016
6 6 12 pgs respm Memorandum in Support of Motion Tue 09/06 4:17 PM
MEMORANDUM in Support re5 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by Principal Life Insurance Company. (Sutton, Jason)
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5 5 motion Dismiss for Failure to State a Claim Tue 09/06 4:16 PM
MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by Principal Life Insurance Company. (Sutton, Jason)
Related: [-]
Friday, August 26, 2016
4 4 notice Notice of Extension of Time to Answer or Otherwise Respond Fri 08/26 9:50 AM
NOTICE of Extension of Time to Answer or Otherwise Respond by Principal Life Insurance Company Pursant to D.S.D. L. R. 12.1 . (Sutton, Jason)
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Friday, August 19, 2016
3 3 misc Filing Fee Received Fri 08/19 3:25 PM
Filing Fee Received: Fee Amount: $400.00, Receipt No.: #SDX400040892. (JLS)
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2 2 misc Civil Cover Sheet Fri 08/19 3:24 PM
CIVIL COVER SHEET. (JLS)
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1 1 notice Notice of Removal Fri 08/19 3:24 PM
NOTICE OF REMOVAL by Principal Life Insurance Company.(JLS)
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Att: 1 Exhibit A - Copies of Summons and Complaint served on Principal Life,
Att: 2 Exhibit B - Copy of the Group Policy