Klamer v. Lincoln National Life Insurance Company, The et al
| Lisa G Klamer |
| Lincoln National Life Insurance Company, The, Matthew J Klamer, F&G Annuities and Life and Matthew G Klamer |
| 2:2023cv01676 |
| December 11, 2023 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| R David Proctor |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
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Filing 9
ORDER OF DISMISSAL in accordance with the stipulation of the parties, this action is DISMISSED WITHOUT PREJUDICE. The parties are to bear their own costs, expenses, and attorney's fees. Signed by Judge R David Proctor on 1/26/2024. (KAM)
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| Filing 8 First MOTION to Dismiss PLAINTIFF'S STIPULATION OF DISMISSAL WITHOUT PREJUDICE by Lisa G Klamer. (Harwell, M) |
| Filing 7 NOTICE OF REASSIGNMENT-Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable R. David Proctor. Please use case number 2:23 CV 1676 RDP on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (AKD) |
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Filing 6
ORDER-The General Order calls for reassignment to a district judge following the occurrence of the first of three "triggering events" absent unanimous consent. None of these events have occurred in this case, and it appears that no such event will occur in the timely manner contemplated in the General Order because this action is due to be dismissed either on the jurisdictional grounds discussed in the January 9, 2023 order or under Rule 41(b) of the Federal Rules of Civil Procedure for Lisa's failure to prosecute the case by responding to the order. Accordingly, the case is now due to be assigned to a district judge for all further proceedings. The Clerk is DIRECTED to reassign this case to a district judge randomly drawn. Signed by Magistrate Judge Staci G Cornelius on 01/25/2024. (AKD)
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Filing 5
ORDER re #4 Response to Order to Show Cause filed by Lisa G Klamer; The crux of Lisa's claims is that, while Matthew has filed claims with Lincoln National and F&G seeking the proceeds of policies held by George Jerome Klamer and also received the proceeds of the F&G policy Lisa and not Matthew is entitled those proceeds. #1 . Given this core allegation, the court seriously questions whether this action can proceed without the presence of Matthew as a defendant. The court DIRECTS Lisa to address this question in writing with 14 days. Signed by Magistrate Judge Staci G Cornelius on 01/09/2024. (AKD)
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| Filing 4 RESPONSE to re #3 Show Cause order - STIPULATION OF DISMISSAL WITHOUT PREJUCICE AS TO DEFENDANT MATTHRE KLAMER individually and as personal representative and trustee filed by Lisa G Klamer. (Harwell, M) |
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Filing 3
ORDER-The court ORDERS the plaintiff to SHOW CAUSE in writing within 14 calendar days why this action should not be dismissed for lack of subject matter jurisdiction. Signed by Magistrate Judge Staci G Cornelius on 12/21/2023. (AKD)
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| Filing Fee: Filing fee $ 405, receipt_number AALNDC-4489726 (ALND receipt# B-9098). related document #1 COMPLAINT against F&G Annuities and Life, Matthew G Klamer, Matthew J Klamer, Lincoln National Life Insurance Company, The, filed by Lisa G Klamer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(AKD). (Harwell, M) Modified on 12/18/2023 (AKD). |
| Filing 2 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) |
| Filing 1 COMPLAINT against F&G Annuities and Life, Matthew G Klamer, Matthew J Klamer, Lincoln National Life Insurance Company, The, filed by Lisa G Klamer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(AKD) |
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