Filed: Apr. 09, 2012
Latest Update: Apr. 09, 2012
Summary: ORDER SUSAN WEBBER WRIGHT, District Judge. Plaintiffs Kevin Nutt and Lisa Nutt bring this action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., alleging that defendants, Stafford Kees, Carroll County Nursing & Rehab Center, Inc., Osceola Nursing Home, LLP, Osceola Therapy & Living Center, Inc., Osceola Healthcare, PLLC, and Hope Healthcare, LLC, failed to make health insurance premium payments to a group health plan despite making deduction
Summary: ORDER SUSAN WEBBER WRIGHT, District Judge. Plaintiffs Kevin Nutt and Lisa Nutt bring this action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., alleging that defendants, Stafford Kees, Carroll County Nursing & Rehab Center, Inc., Osceola Nursing Home, LLP, Osceola Therapy & Living Center, Inc., Osceola Healthcare, PLLC, and Hope Healthcare, LLC, failed to make health insurance premium payments to a group health plan despite making deductions..
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ORDER
SUSAN WEBBER WRIGHT, District Judge.
Plaintiffs Kevin Nutt and Lisa Nutt bring this action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., alleging that defendants, Stafford Kees, Carroll County Nursing & Rehab Center, Inc., Osceola Nursing Home, LLP, Osceola Therapy & Living Center, Inc., Osceola Healthcare, PLLC, and Hope Healthcare, LLC, failed to make health insurance premium payments to a group health plan despite making deductions from pay to cover such premiums. Plaintiffs further allege that they were employed by defendants in various capacities and that their employment was terminated in retaliation for insisting that defendants provide the benefits they had been promised.
By Order entered December 5, 2012 [doc.#40], the Court granted plaintiffs' unopposed motion for default judgment [doc.#35] against Osceola Nursing Home, LLP and Osceola Healthcare, PLLC. The Court stated that it would schedule a damages hearing at the conclusion of the time for conducting discovery, which expired on March 16, 2012.
By Order entered March 20, 2012 [doc.#42], the Court directed plaintiffs to inform the Court of the current status of this action, including whether further discovery is required or whether a damages hearing may now be set. Plaintiffs timely filed a status report [doc.#43] detailing the progress of the case to date and asking for certain deadlines and a trial date.
In accordance with the request of plaintiffs and defendant Carroll County Nursing and Rehab Center, Inc., the Court establishes a discovery deadline of to and including July 13, 2012, and a dispositive motions deadline of to and including August 17, 2012. Responses to any dispositive motions must be filed on or before September 17, 2012, and replies to any responses must be filed on or before October 5, 2012. The Court will set a trial date by separate Order. The Court directs that the parties consult with the Court's courtroom deputy-Cecilia Norwood-about possible trial dates.1
IT IS SO ORDERED.
