Protective Life Insurance Company v. Mizioch et al

Plaintiff: Protective Life Insurance Company
Defendant: Peter J Mizioch, Jimmy Ray Montoya, Mark Casey Montoya and Russell Lynn Montoya
Case Number: 2:2010cv01728
Filed: August 13, 2010
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: David K Duncan
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
August 27, 2012 296 Opinion or Order of the Court ORDER denying as moot, given the Order of the Ninth Circuit of Appeals dismissing the appeal, the Montoyas' Motion to Voluntarily Dismiss the Appeal (Doc. 277). IT IS FURTHER ORDERED denying 281 Montoyas' Renewed Motion for Relief from Judgment Pursuant to Rule 60(b)(2) and granting 283 Mizioch's voluntary Motion to Dismiss Counts 4 and 5 of Peter J. Mizioch's Crossclaim. Those claims are dismissed with prejudice. This Order therefore disposes of all remaining claims in this case and judgment shall enter accordingly. IT IS FURTHER ORDERED denying as moot 282 Mizioch's Motion for Reconsideration and denying as moot 286 Montoyas' Motion to Provide a Response to Motion for Reconsideration and grantin g 289 Mizioch's Renewed Motion for Disbursement of Funds. IT IS FURTHER ORDERED that the Clerk shall pay the $1,000,000 in insurance proceeds that was deposited with the Registry of the Court by Protective Life Insurance Company, plus i nterest accrued thereon, and the shall pay the $3,500,000 in insurance proceeds that was deposited with the Registry of the Court by AXA Equitable Life Insurance Company, plus interest accrued thereon, to Peter J. Mizioch. The Clerk shall issue a check in the amount of $4,500,000, plus the interest accrued thereon, to the order of "Peter J. Mizioch."Signed by Judge James A Teilborg on 8/27/12.(LSP)
June 21, 2012 278 Opinion or Order of the Court ORDER granting 225 Montoyas' Motion to Stay execution of the August 8, 2011 Judgment, but the Court will stay execution only if the Montoyas post a bond of $94,000 with the Clerk of the Court within 30 days of the date of this Order. IT IS FURTHER ORDERED denying without prejudice to re-filing if the Montoyas fail to post the required bond 230 Mr. Mizioch's Motion to Distribute the Insurance Proceeds. IT IS FURTHER ORDERED denying 235 the Montoyas' Motion for Entry of Default. IT IS FURTHER ORDERED granting 253 Mr. Mizioch's Motion for Summary Judgment on the Montoyas' Cross-Claim. The Court enters judgment for Mr. Mizioch on the Montoyas' claims for wrongful death and intentional infliction of emotional distress. Signed by Judge James A Teilborg on 6/21/12.(LSP)
May 21, 2012 274 Opinion or Order of the Court ORDER denying 273 the Montoyas' Motion for Indicative Ruling Pursuant to Rule 62.1. Signed by Judge James A Teilborg on 5/21/12.(LSP)
March 14, 2012 267 Opinion or Order of the Court ORDER denying 255 Montoya's Motion for Relief From Judgment. The Montoyas shall file a notice and copy of this Order with the Ninth Circuit Court of Appeals in Case Number 11-17162. Signed by Judge James A Teilborg on 3/14/12.(LSP)
March 12, 2012 266 Opinion or Order of the Court ORDER denying 223 Mr. Mizioch's Motion for Attorney Fees. Signed by Judge James A Teilborg on 3/12/12.(LSP)
October 14, 2011 249 Opinion or Order of the Court ORDER that the Motion for an Order Restricting Extrajudicial Comments 188 is denied. That the Motion to Disqualify 204 is denied. The Motion for an Order Shortening Time to Respond 188 is moot and is therefore denied. Signed by Judge James A Teilborg on 10/14/11.(DMT)
August 12, 2011 219 Opinion or Order of the Court ORDER granting the 216 Motion for Reconsideration, but denying the relief requested. It is further ordered granting the Montoyas' 216 Motion to Stay. The Court will not order disbursement of the proceeds of the Policies until after the Court rules on the forthcoming motion to stay briefing. It is further ordered denying the Montoyas' 218 Motion for Accelerated Hearing as moot. Signed by Judge James A Teilborg on 08/11/11.(ESL)
August 1, 2011 210 Opinion or Order of the Court ORDER, denying Mr Mizioch's Motion to Dismiss Mark and Russell Montoyas' Cross-Claim 69 ; denying the Montoyas' Rule 56(d) Motion 96 ; denying the Montoyas' Motion for Summary Judgment 70 ; denying without prejudice Mr Mizioch& #039;s Motion in Limine 81 ; granting Mr. Mizioch's Motion for Partial Judgment on the Pleadings or Alternatively Motion for Partial Summary Judgment 82 ; the Court grants summary judgment to Mr Mizioch on his Cross-Claim for Declarative Relie f; Mr Mizioch shall file a proposed order within 10 days; vacating the Arizona slayer statute hearing currently set for 9/13/11; denying the Montoyas' Motion to Strike Mr Mizioch's Motion for Partial Summary Judgment 106 ; denying the Mont oyas' Motion to Strike the Declaration of James F Bieleniewicz 182 ; granting AXA Equitable Life Insurance Company's Motion for Default Judgment as to Jimmy Ray Montoya 141 ; the Clerk shall enter declarative judgment against Jimmy Ray Mo ntoya that he shall not be entitled to any of the life insurance proceeds from AXA Equitable Life Insurance Company Life Policy #J 107 024 229 on the life of Phyllis Mizioch; granting the parties' Stipulation re Deposit of Disputed Funds and Dis missal of AXA Equitable Life Insurance Company 147 ; AXA shall be permitted to deposit with the Clerk the death benefit proceeds due under AXA's Policy #J 107 024 229 in the principal amount of $3,500,000; upon depositing the death benefit proceeds due under the AXA Policy with the Clerk and providing notice to the Court and all parties of such deposit, AXA Equitable Life Insurance Company shall be deemed dismissed from this action and discharged from any further obligation and liability to any of the Defendants with respect to the death benefit proceeds due under the AXA Policy. Signed by Judge James A Teilborg on 8/1/11. (REW)
February 10, 2011 93 Opinion or Order of the Court ORDER granting 49 Plaintiff Protective Life's Motion for Default Judgment. The Clerk shall enter declarative judgment against Jimmy Ray Montoya that he shall not be entitled to any of the life insurance proceeds from Protective Life Policy No . PL0675396 on the life of Phyllis Mizioch. IT IS FURTHER ORDERED granting 31 Plaintiff Protective Life's Motion to Deposit Funds and denying 60 Interpleader Defendants M.C. Montoya's and R.L. Montoya's Motion to Remand to State Court. Signed by Judge James A Teilborg on 2/10/11.(LSP)

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Plaintiff: Protective Life Insurance Company
Represented By: Robert Matthew Kort
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Defendant: Peter J Mizioch
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Defendant: Jimmy Ray Montoya
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Defendant: Mark Casey Montoya
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Defendant: Russell Lynn Montoya
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