Forethought Life Insurance Company v. Stevens et al
| Forethought Life Insurance Company |
| Deborah Stevens, Brandon Blake Franklin and Jason Daniel Stevens |
| 1:2021cv00484 |
| November 5, 2021 |
| US District Court for the Southern District of Alabama |
| Sonja F Bivins |
| Terry F Moorer |
| William H Steele |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.
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Filing 53
Supplement to Rule 37 Record filed by Jason Daniel Stevens. (Attachments: #1 Exhibit One) (Cassady, Max) Modified on 5/20/2022 (mab).
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Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Status Conference held on 5/20/2022. DCR Digital Audio Recording. (srd)
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Filing 52
Order, this action is REFERRED to the Magistrate Judge for consideration & disposition or recommendation on all pretrial matters as may be appropriate. Signed by District Judge Terry F. Moorer on 5/18/22. (copy mailed to Dft Stevens on 5/19/22) (tot)
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Filing 51
ORDER denying as premature #42 Motion to Set Aside Default; striking as redundant #47 Motion to Vacate and denying as premature #46 Motion to Vacate/Set Aside/Correct Sentence (2255). Signed by District Judge William H. Steele on 5/18/22. (cmj)
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Filing 50
RESPONSE to Motion re: #42 MOTION to Set Aside Default A better response filed by Deborah Stevens. (Attachments: #1 Exhibit response) (Stevens, Deborah)
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REFERRAL OF #50 Response to Motion to Judge Steele. (cmj)
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Case reassigned to District Judge Terry F. Moorer. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix TFM-B after the case number on all future pleadings. (cle)
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Filing 49
(this is a duplicate of document 48) RESPONSE TO ORDER TO SHOW CAUSE re: #40 Order,,, Set Deadlines/Hearings,, filed by Deborah Stevens. (Stevens, Deborah) Modified on 5/17/2022 (cmj).
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Filing 48
Response to Show Cause filed by Deborah Stevens. (Stevens, Deborah) Modified on 5/17/2022 (cmj).
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Filing 47
(STRICKEN PER DOC. 51) (this looks to be a duplicate of document 46) Motion to vacate fraud on the court against Forethought Life Insurance Company ( IFP.), filed by Deborah Stevens. 90 day Rule 4m deadline set for 8/15/2022. (Attachments: #1 Exhibit email about finding the interplead, #2 Exhibit to forethought, #3 Exhibit app of annuities, #4 Exhibit change of beneficiary 1811, #5 Exhibit change of beneficiary 6382, #6 Exhibit letter of multible withdrawal, #7 Exhibit change received, #8 Exhibit affidavit of forethought) (Stevens, Deborah) Modified on 5/17/2022 (cmj). Modified on 5/17/2022 (cmj). Modified on 5/18/2022 (cmj).
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REFERRAL OF #48 MOTION for Order to Show Cause , #49 Response to Order to Show Cause to Judge Bivins. (cmj)
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REFERRAL OF #47 Motion to Vacate, #46 Motion to Vacate to Judge Steele. (cmj)
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Filing 46
Motion to vacate fraud on the court filed by Deborah Stevens. (Attachments: #1 Exhibit email, #2 Exhibit to forethought, #3 Exhibit app of annuities, #4 Exhibit change of beneficiary, #5 Exhibit change of beneficiary, #6 Exhibit Affidavit, #7 Exhibit kevin ask for withdrwl methods, #8 Exhibit the changes received) (Stevens, Deborah) Modified on 5/17/2022 (cmj).
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Filing 45
ORDER striking #43 Motion for Default Judgment; striking #44 Motion to Set Aside; and denying without prejudice #37 Letter (with the court construing as a motion. Signed by District Judge William H. Steele on 5/16/22. (copy emailed to Deborah Stevens) (cmj)
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REFERRAL OF #41 Answer to Complaint to Judge Steele. (cmj)
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MOTIONS REFERRED: #42 MOTION to Set Aside Default , #43 MOTION for Default Judgment as to , #44 MOTION to Set Aside #43 MOTION for Default Judgment as to MOTION to Set Aside Default MOTION to Set Aside Judgment Referred to Judge William H. Steele. (cjr)
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Filing 44
(STRICKEN PER ORER, DOC. 45) MOTION to Set Aside #43 MOTION for Default Judgment as to , MOTION to Set Aside Default , MOTION to Set Aside Judgment filed by All Defendants. (Attachments: #1 Exhibit setasaid) (Brandon Franklon) Modified on 5/16/2022 (cmj). Modified on 5/16/2022 (cmj).
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Filing 43
(STRICKEN PER ORDER, DOC. 45) Joinder in Motion for Default Judgment as to Jason Stevens' filed by Brandon Franklin. (Attachments: #1 Exhibit response to motion) (Brandon Franklin) Modified on 5/16/2022 (cmj). Modified on 5/16/2022 (cmj).
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Filing 42
MOTION to Set Aside Default filed by Deborah Stevens. (Stevens, Deborah)
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Filing 41
Response to Plaintiff's Motion for Default Judgment by Deborah Stevens. (Stevens, Deborah) Modified on 5/16/2022 (cmj).
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Filing 40
Order granting in part #32 MOTION to Compel filed by Jason Daniel Stevens. Deborah Stevens to respond to discovery no later than 5/17/22. Deborah Stevens to show cause by 5/17/22 why sanctions should not be imposed against her. ( Show Cause Response due by 5/17/2022. Status Conference set for 5/20/2022 11:30 AM in US Courthouse, Courtroom 5A, 155 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge Sonja F. Bivins.). Signed by Magistrate Judge Sonja F. Bivins on 5/10/22. (copy mailed to Deborah Stevens and emailed to email addresses contained in docket) (cmj)
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MOTIONS REFERRED: #39 MOTION for Default Judgment as to Deborah Stevens to Judge Steele (cmj)
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Filing 39
MOTION for Default Judgment as to Deborah Stevens filed by Brandon Blake Franklin. (Clements, Stephen)
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Filing 38
Order Setting Motion Deadline re: #35 MOTION for Default Judgment as to Defendant Deborah Stevens filed by Jason Daniel Stevens. Responses due by 5/19/2022; Replies due by 5/26/2022; Motion to be taken under submission on 5/26/2022. Signed by District Judge William H. Steele on 5/6/22. (copy mailed and emailed to Deborah Stevens) (cmj)
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REFERRAL OF #36 Response to Order to Show Cause to Judge Bivins. (cjr)
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MOTIONS REFERRED: #35 MOTION for Default Judgment as to Defendant Deborah Stevens to Judge Steele (cmj)
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REFERRAL OF #34 Notice of Filing Exhibits to Judge Steele. (cmj)
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REFERRAL OF #37 Letter to Judge Steele. (cjr)
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Filing 37
Letter requesting change of beneficiary from Debra Stevens. (cjr)
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Filing 36
RESPONSE TO ORDER TO SHOW CAUSE re: #33 Order to show cause and respond to motion, filed by Deborah Stevens. (Attachments: #1 Exhibits) (cjr)
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Filing 35
MOTION for Default Judgment as to Defendant Deborah Stevens filed by Jason Daniel Stevens. (Attachments: #1 Exhibit Physician Opinion, #2 Text of Proposed Order Proposed Findings of Fact and Conclusions of Law) (Cassady, Max)
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Filing 34
NOTICE of Filing Exhibits Pre-Filed Before Motion for Default for Purpose of Page ID Coordination by Jason Daniel Stevens (Cassady, Max)
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Filing 33
Order for defendant Deborah Stevens to show cause and respond to motion. Deborah Stevens to show cause by 5/6/22 why the sanction, as set out, should not be entered against her. Deborah Stevens is to file a response to defendant Jason Stevens' motion to compel no later than 4/29/22. ( Response to Motion due by 4/29/2022, Show Cause Response due by 5/6/2022.). Signed by Magistrate Judge Sonja F. Bivins on 4/20/22. (order mailed and emailed as directed) (cmj)
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Filing 32
MOTION to Compel DISCOVERY RESPONSES TO RULE 33 INTERROGATORIES AND TO RULE 34 PRODUCTION REQUESTS, AND TO NOTE RULE 36 DISCOVERY ADMITTED AS SELF-EXECUTED IN RE: DEFENDANT JASON DANIEL STEVENS FIRST SET OF DISCOVERY TO DEBORAH STEVENS filed by Jason Daniel Stevens. (Cassady, Max)
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Filing 31
Notice of Filing FIRST AMENDED NOTICE OF COURT REPORTED AND VIDEOTAPED DEPOSITION OF DEBORAH STEVENS filed by Jason Daniel Stevens. (Cassady, Max)
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MOTIONS REFERRED: #32 MOTION to Compel DISCOVERY RESPONSES TO RULE 33 INTERROGATORIES AND TO RULE 34 PRODUCTION REQUESTS, AND TO NOTE RULE 36 DISCOVERY ADMITTED AS SELF-EXECUTED IN RE: DEFENDANT JASON DANIEL STEVENS FIRST SET OF DISCOVERY TO DEBORAH STEVENS Referred to Judge Sonja F. Bivins. (cmj)
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Filing 30
CERTIFICATE OF SERVICE by Jason Daniel Stevens of FIRST AMENDED NOTICE OF COURT REPORTED AND VIDEOTAPED DEPOSITION OF KEVIN COUCH (Cassady, Max)
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Filing 29
Order granting #23 MOTION to Withdraw by Counsel for Deborah Stevens filed by Deborah Stevens. Attorney James Robertson is terminated. Defendant Deborah Stevens is granted leave until 4/19/22 to either retain new counsel or notify the court she will be proceeding pro se. ( Miscellaneous deadline set for 4/19/2022.) Defendant Jason Stevens' request to proceed with deposition of non-party Kevin Couch is granted. Jason Stevens' counsel is directed to serve a copy of the deposition notice on defendant Deborah Stevns a the address provided by Mr. Robertson. The Clerk is directed to send a copy of this order to defendant Deborah Stevens via mail and email.. Signed by Magistrate Judge Sonja F. Bivins on 4/8/22. (copy mailed and emailed to Deborah Stevens) (cmj)
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Filing 28
NOTICE of Withdrawal of Attorney James E. Robertson, Jr on behalf of Deborah Stevens . (Robertson, James)
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REFERRAL OF #28 Notice of Withdrawal of Attorney to Judge Bivins. (cmj)
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Filing 25
CERTIFICATE OF SERVICE by Jason Daniel Stevens OF NOTICE OF DEPOSITION OF KEVIN COUCH ON APRIL 27, 2022 AT 10 AM IN BIRMINGHAM (Cassady, Max)
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Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Telephone Conference held on 4/5/2022. DCR Digital Audio Recording. (srd)
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Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: In Camera Hearing held on 4/5/2022. DCR Digital Audio Recording. (srd)
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Filing 24
Notice of Filing Initial Disclosures filed by Forethought Life Insurance Company. (Wasden, H.)
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Filing 23
MOTION to Withdraw by Counsel for Deborah Stevens filed by Deborah Stevens. (Robertson, James)
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Filing 22
NOTICE by Deborah Stevens Initial Disclosures (Robertson, James)
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Set Telephonic Hearing: Discovery Telephonic Hearing set for 4/5/2022 11:00 AM before Magistrate Judge Sonja F. Bivins. See call-in information. (cmj)
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MOTIONS REFERRED: #23 MOTION to Withdraw by Counsel for Deborah Stevens Referred to Judge Sonja F. Bivins. (cmj)
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Filing 21
Notice of Filing Initial Disclosures filed by Brandon Blake Franklin. (Clements, Stephen)
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ORDER: Discovery Hearing set, via telephone, for 4/5/2022 at 11:00 AM (CST) before Magistrate Judge Sonja F. Bivins. Telephone call-in information: 571-353-2301 (Guest ID: 002111801#). Signed by Magistrate Judge Sonja F. Bivins on 4/1/2022. (ktw)
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Filing 20
Notice of Filing Forethought Life Insurance Company's Objections and Responses to Jason Stevens' First Set of Requests for Production filed by Forethought Life Insurance Company. (Wasden, H.)
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Filing 19
SCHEDULING ORDER: Pretrial Conference set for 4/11/2023 at 09:30 AM before District Judge William H. Steele. Bench Trial set for sometime during the month of May 2023, with dates finalized at the pretrial conference. ETT 2 days. Discovery cutoff 10/3/2022. Motions due by 10/31/2022. Pre-Settlement Conference set for 9/27/2022 at 10:00 AM before Magistrate Judge Sonja F. Bivins BY TELEPHONE. Joint Proposed Protective Order due by 4/4/2022. Signed by Magistrate Judge Sonja F. Bivins on 3/15/2022. (Attachments: #1 Standing Pretrial Order) (meh) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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REFERRAL OF #17 Notice (Other) to Judge Bivins. (cmj)
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Filing 18
ANSWER to Crossclaim #12 of Defendant Jason Stevens by Deborah Stevens. (Robertson, James) Modified on 3/7/2022 (cmj).
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Filing 17
NOTICE by Deborah Stevens of COVID-19 Status (Attachments: #1 Exhibit) (Robertson, James)
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Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Scheduling Conference held on 3/2/2022. Order to follow. DCR Digital Audio Recording. (mpp)
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Filing 15
Order **TEXT ONLY** re: #14 Order - TIME CHANGE ONLY (TELEPHONIC Scheduling Conference set for 3/2/2022 at 11:00 AM before Magistrate Judge Sonja F. Bivins.) Telephone call-in information: 571-353-2301 (GuestID: 002111801#). Signed by Magistrate Judge Sonja F. Bivins on 2/25/22. (mpp) Copies to counsel
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Filing 14
Order setting telephonic scheduling conference. ( Telephonic Scheduling Conference set for 3/2/2022 02:00 PM before Magistrate Judge Sonja F. Bivins.) (See call-in information). Signed by Magistrate Judge Sonja F. Bivins on 2/22/22. (cmj)
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REFERRAL OF #13 Report of Rule 26(f) Planning Meeting to Judge Bivins. (cmj)
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Filing 13
REPORT of Rule 26(f) Planning Meeting . (Wasden, H.)
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Filing 12
ANSWER to Complaint AND 28 U.S.C. 1335, CROSSCLAIM against Deborah Stevens by Jason Daniel Stevens. (Cassady, Max)
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Filing 11
ANSWER to Complaint by Brandon Blake Franklin. (Clements, Stephen)
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Filing 10
PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 2/21/2022. Signed by Magistrate Judge Sonja F. Bivins on 1/6/22. (Attachments: #1 Consent to Mag) (cmj)
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Filing 9
ANSWER to Complaint by Deborah Stevens. (Robertson, James)
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Filing 8
NOTICE of Appearance by Max Cassady, Jr on behalf of Jason Daniel Stevens (Cassady, Max)
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Filing 7
NOTICE of Appearance by James E. Robertson, Jr on behalf of Deborah Stevens (Robertson, James)
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Filing 6
SUMMONS Returned Executed by Forethought Life Insurance Company. Jason Daniel Stevens served on 12/21/2021, answer due 1/11/2022 (Wasden, H.)
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Filing 5
NOTICE of Service Status by Forethought Life Insurance Company re #3 Service Order (Wasden, H.) Modified on 12/20/2021 (meh).
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REFERRAL OF #5 Notice of Service Status to Judge Bivins. (meh)
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Filing 4
SUMMONS Returned Executed by Forethought Life Insurance Company. Brandon Blake Franklin served on 12/13/2021, answer due 1/3/2022 (Wasden, H.)
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Filing 3
Service Order entered 11/8/2021. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 12/20/2021.. Signed by District Judge William H. Steele on 11/8/21. (cmj)
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Filing 2
Summons Issued as to Brandon Blake Franklin, Deborah Stevens, Jason Daniel Stevens. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (fz)
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Filing 1
COMPLAINT against Brandon Blake Franklin, Deborah Stevens, Jason Daniel Stevens ( Filing fee $402 receipt number AALSDC-2903527, Online Credit Card Payment), filed by Forethought Life Insurance Company. 90 day Rule 4m deadline set for 2/3/2022. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons) (Wasden, H.)
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