American General Life Insurance Company v. Rosier et al
| American General Life Insurance Company and American General Life and Accident Insurance Company |
| Andrea Ringman, Estate of Ione Mills and Calvin Poole, III |
| Larry Rosier and Gloria Rosier |
| 2:2015cv00611 |
| August 21, 2015 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| W Harold Albritton |
| Terry F Moorer |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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Filing 35
CONSENT ORDER AND JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that the #33 Joint Motion for Entry of Stipulated Order and Consent Judgment is GRANTED, and the Clerk of Court is DIRECTED to issue a check drawn on ServisFirst Bank where the interpleader funds are deposited in a Money Market Account for the principal sum of $1,002,823.24, plus all earned interest to date. This check shall be made payable to ServisFirst Bank. The Bank shall provide the Clerk of Court with three (3) Official Checks payable as further set out in the order and judgment. The Clerk of Court shall mail each recipient's check to his/her proper mailing address by CMRRR. Each recipient shall provide a current signed and dated W-9 form to the Clerk of Court prior to disbursal of any funds as noted in the order and judgment. This Order shall operate as a final resolution of all issues between the Parties, and American General is released, discharged, and acquitted of and from any liability of any kind or nature whatsoever arising from or related to the Policy. This case is now closed; however, the court retains jurisdiction for purposes of enforcing compliance with the terms of this Consent Judgment. The Plaintiff's #27 Motion for Discharge and Dismissal is DENIED as moot. Signed by Honorable Judge W. Harold Albritton, III on 2/1/2016. (Attachments: #1 Civil Appeals Checklist) Copies furnished to Financial, calendar, EB. (Deadlines terminated: Non Jury Trial set for 10/3/2016 and Final Pretrial Conference set for 9/7/2016.)(dmn, )
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| Filing 34 REPLY to Defendants' Larry Rosier, Gloria Rosier, and Andrea Ringman's Response in Opposition (Doc. #30 and #31 ) to #27 Motion for Discharge and Dismissal with Prejudice filed by American General Life Insurance Company. (Hess, Joshua) Modified on 1/28/2016 to create links to Doc. #30 and #31 , and reflect actual title. (dmn, ) |
| Filing 33 Joint MOTION for Entry of Stipulated Order and Consent Judgment by American General Life Insurance Company, Andrea Ringman, Larry Rosier, Gloria Rosier, and Estate of Ione Mills. (Attachments: #1 Exhibit A, Consent Order and Judgment)(Hess, Joshua) Modified on 1/28/2016 to reflect actual title and add additional filers. (dmn, ) |
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Filing 32
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 9/7/2016 in Montgomery, AL before Honorable Judge W. Harold Albritton III. Non-Jury Trial set for 10/3/2016 trial term in Montgomery, AL before Honorable Judge W. Harold Albritton III. Amended Pleadings due by 5/1/2016. Discovery due by 6/17/2016. Motions due by 6/9/2016. Mediation Notice due by 7/5/2016. Signed by Honorable Judge W. Harold Albritton, III on 1/11/2016. Copies furnished to calendar group, EB. (dmn, )
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| Filing 31 RESPONSE & OPPOSITION to Plaintiff's #27 MOTION for Discharge and Dismissal with Prejudice filed by Andrea Ringman. (Blevins, Jerry) Modified on 1/11/2016 to reflect actual title. (dmn, ) |
| Filing 30 RESPONSE to Plaintiffs #27 MOTION for Discharge and Dismissal with Prejudice filed by Gloria Rosier, Larry Rosier. (Williamson, James) Modified on 1/11/2016 to reflect actual title. (dmn, ) |
| Filing 29 REPORT of Rule 26(f) Planning Meeting. (Blevins, Jerry) |
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Filing 28
ORDER directing Defendants TO SHOW CAUSE as to why the #27 Motion for Discharge and Dismissal With Prejudice filed by American General Life Insurance Company should not be granted. Show Cause Response due by 1/12/2016. Motion Submission Deadline set for 1/12/2016 without oral argument. Signed by Honorable Judge W. Harold Albritton, III on 12/22/2015. (dmn, )
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| Filing 27 MOTION for Discharge and Dismissal with Prejudice by American General Life Insurance Company. (Attachments: #1 Exhibit A)(Hess, Joshua) Modified on 12/22/2015 to reflect actual title. (dmn, ) |
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Filing 26
RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 1/8/2016. This case will be set for trial before the undersigned judge during the term of court commencing 10/3/2016, with pretrial hearing on 9/7/2016. Signed by Honorable Judge W. Harold Albritton, III on 12/18/2015. (dmn, )
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| Filing 25 AMENDED ANSWER to Complaint in Interpleader by Defendant Andrea Ringman , First CROSSCLAIM against Estate of Ione Mills, Gloria Rosier, Larry Rosier by Andrea Ringman. (Blevins, Jerry) |
| Filing 24 NOTICE by American General Life Insurance Company of Compliance with November 23, 2015 Court Order (Attachments: #1 Exhibit Exhibit A)(Hess, Joshua) |
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Filing 23
ORDER: On 8/21/2015, the Plaintiff, American General Life Insurance Company filed a #2 Motion for Leave to Deposit Funds Into Registry of the Court in which it requested that it be allowed to pay $1,000,000.00 plus applicable interest into the Registry of the Court. The court granted this motion, ordering that the Clerk of Court accept for deposit a check for $1,000,000.00 plus accrued interest and that the funds be maintained in an interest-bearing account. (Doc. #12 ). On 11/18/2015, American General filed a Notice of Compliance with Court Order, stating that it had deposited the funds from the insurance policy at issue. No accrued interest was deposited as requested by American General and ordered by the court, however. Because the court ordered the payment of interest because it granted American Generals motion which asked to deposit funds and applicable interest, American General is given until 12/4/2015 to either deposit accrued interest with the Clerk of the Court or file an Amended Motion which seeks to deposit only the insurance policy proceeds, and not accrued interest, supported by legal authority to support the omission of accrued interest. Signed by Honorable Judge W. Harold Albritton, III on 11/23/2015. (dmn, )
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| Filing 22 AMENDED ANSWER AND STATEMENT OF CLAIM by Calvin Poole, III. . (Poole, Calvin) Modified on 11/23/2015 to include actual title. (dmn, ) |
| Filing 21 Corporate/Conflict Disclosure Statement by Calvin Poole, III. (Poole, Calvin) |
| Filing 20 Corporate/Conflict Disclosure Statement by Gloria Rosier, Larry Rosier. (Williamson, James) |
| Filing 19 NOTICE by American General Life Insurance Company of Compliance with Court #12 Order (Attachments: #1 Exhibit A)(Hess, Joshua) Modified on 11/19/2015 to create link to Doc. #12 . (dmn, ) |
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Filing 18
ORDER: Upon consideration of the Answers to the Complaint in Interpleader, it appears to the court that no Defendant has filed a Statement of Claim to the interpleaded funds. Accordingly, it is hereby ORDERED that each Defendant has until 12/9/2015 to file an Amended Answer which includes a Statement of Claim setting out that Defendants basis for entitlement to the interpleaded funds.Signed by Honorable Judge W. Harold Albritton, III on 11/18/2015. (dmn, )
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| Filing 17 ANSWER to #1 Complaint, by Gloria Rosier, Larry Rosier.(Williamson, James) |
| Filing 16 NOTICE of Appearance by James McGowin Williamson on behalf of Gloria Rosier, Larry Rosier (Williamson, James) |
| Filing 15 Corporate/Conflict Disclosure Statement by Andrea Ringman. (Blevins, Jerry) |
| Filing 14 ANSWER to #1 Complaint, by Andrea Ringman.(Blevins, Jerry) |
| Filing 13 ANSWER to #1 Complaint, by Calvin Poole, III.(Poole, Calvin) |
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Filing 12
ORDER that: 1. The #2 Motion for Leave to Deposit Funds into Registry of Court is GRANTED, and the Clerk of Court shall accept for deposit a check for $1,000,000, plus accrued interest, to be tendered by American General Life Insurance Company f/k/a American General Life and Accident Insurance Company within fourteen (14) days of this order. 2. The funds so deposited shall be maintained in an interest-bearing account previously approved for such purposes, there to abide the judgment of this court. 3. American General is ORDERED to serve a copy of this order as required by Rule 67 on all other parties to this action and to make such service forthwith. Signed by Honorable Judge W. Harold Albritton, III on 11/4/2015. Copy furnished to cashier and financial. (dmn, )
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| Filing 11 NOTICE by American General Life Insurance Company of Service on Larry Rosier and Gloria Rosier (Attachments: #1 Exhibit 1)(Hess, Joshua) |
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Filing 10
ORDER: A review of the file in this case shows that on 8/21/2015, the Plaintiff issued a Request for Waiver to Larry Rosier and Gloria Rosier and that no Waiver has been returned by them within the time required. Therefore, it is hereby ORDERED that the Plaintiff perfect service of process on Larry Rosier and Gloria Rosier. Signed by Honorable Judge W. Harold Albritton, III on 10/7/2015. (dmn, )
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| Filing 9 WAIVER OF SERVICE Returned Executed by American General Life Insurance Company. Andrea Ringman waiver sent on 9/15/2015, answer due 11/16/2015. (Hess, Joshua) |
| Filing 8 NOTICE of Appearance by Jerry Michael Blevins on behalf of Andrea Ringman (Blevins, Jerry) |
| ***Attorney Calvin Poole, III added as Administrator Ad Litem for the Estate of Ione Mills (the Estate). (dmn, )(see #7 Order) |
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Filing 7
ORDER APPOINTING ADMINISTRATOR AD LITEM FOR THE ESTATE OF IONE MILLS: It is ORDERED, ADJUDGED, and DECREED that: 1. The #3 Motion to Appoint is GRANTED. 2. Pursuant to Section 43-2-250, Code of Alabama, the court appoints Calvin Poole, III, Esquire as Administrator Ad Litem for the Estate of Ione Mills (the Estate) to represent and defend the interests of the Estate for the limited purposes of this statutory interpleader action; and 3. All fees, costs, or expenses sought by the Administrator Ad Litem for representing and defending the interests of the Estate for the limited purposes of this statutory interpleader action shall be paid out of the Estate, or to the extent that the assets of the Estate are insufficient to fully compensate the Administrator Ad Litem, from the general fund of Policy proceeds that will be deposited by American General into the courts registry, prior to disbursement to any claimants of said Policy proceeds. The clerk is DIRECTED to send notice of this appointment to Mr. Poole and to all parties. Signed by Honorable Judge W. Harold Albritton, III on 9/28/2015. Copy furnished to Financial. (dmn, )
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| Filing 6 NOTICE by American General Life Insurance Company OF FILING DECLARATION OF JOSHUA HESS (Attachments: #1 Exhibit A)(Hess, Joshua) |
| Filing 5 Corporate/Conflict Disclosure Statement by American General Life Insurance Company. (Hess, Joshua) |
| Filing 4 REQUEST FOR WAIVER of Service sent to Larry Rosier, Andrea Ringman, and Gloria Rosier on August 21, 2015 by American General Life Insurance Company. (dmn, ) |
| Filing 3 MOTION to Appoint Administrator Ad Litem for the Estate of Ione Mills by American General Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(dmn, ) |
| Filing 2 MOTION for Leave to Deposit Funds into Registry of the Court by American General Life Insurance Company. (dmn, ) |
| Filing 1 COMPLAINT IN INTERPLEADER against Estate of Ione Mills, Andrea Ringman, Gloria Rosier, Larry Rosier ( Filing fee $ 400.00 receipt number 4602038062.), filed by American General Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Filing Fee Receipt)(dmn, ) |
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