Krieg v. Schwartz et al
David Michael Krieg |
Brielle Cotterman, Richard Schwartz, NYLife Securities LLC, Schwartz Group, New York Life Insurance & Annuity Corporation and New York Life Securities LLC |
Scott McClelland and New York Life Insurance Company |
2:2013cv00710 |
April 8, 2013 |
US District Court for the District of Arizona |
Phoenix Division Office |
Maricopa |
Douglas L Rayes |
Other Statutes: Other Statutory Actions |
28 U.S.C. § 1331 Fed. Question: Insurance Contract |
Both |
Docket Report
This docket was last retrieved on November 18, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 345 ORDER - The Court, having reviewed the parties' #344 Stipulation to Dismiss with prejudice, and good cause appearing, IT IS ORDERED dismissing, with prejudice all claims in this action, each party shall bear their own attorney's fees and costs. Signed by Judge Douglas L Rayes on 11/17/2015. (ATD) |
Filing 344 STIPULATION of Dismissal With Prejudice by Richard Schwartz, Schwartz Group. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulation For Dismissal)(Obert, Michael) |
Filing 343 ORDER that this matter will, without further Order of this Court, be dismissed within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. FURTHER ORDERED vacating any pending hearings. FURTHER ORDERED denying all pending motions as moot. FURTHER ORDERED directing the Clerk of the Court to terminate this matter on 11/10/2015 without further leave of Court. Signed by Judge Douglas L Rayes on 10/7/2015. (MMO) |
Filing 342 NOTICE of Settlement As to All Parties by Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 341 ORDER denying as moot the parties' #325 Joint Motion and Stipulation for Extension of Final Pretrial Deadlines. Signed by Judge Douglas L Rayes on 10/2/2015. (MMO) |
Filing 340 *NOTICE of Filing - Joint Proposed Final Pretrial Order by David Michael Krieg. (Donchin, David) *Modified from Notice on 10/2/2015* (REW). |
Filing 339 NOTICE re: of Lodging Proposed Final Pretrial Order by David Michael Krieg . (Attachments: #1 Exhibit 1 - Joint Proposed Final Pretrial Order)(Donchin, David) |
Filing 338 Joint Proposed Voir Dire by David Michael Krieg. (Donchin, David) |
Filing 337 Joint Statement of the Case by David Michael Krieg. (Donchin, David) |
Filing 336 Joint Proposed Jury Instructions by David Michael Krieg. (Donchin, David) |
Filing 335 MOTION in Limine by David Michael Krieg. (Attachments: #1 Text of Proposed Order)(Donchin, David) |
Filing 334 *Joinder re: #326 , #327 , #328 , #329 Schwartz Defendants' MOTIONS In Limine Nos. 1-4 by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) *Modified to add document links on 10/2/2015* (REW). |
Filing 333 MOTION in Limine re: New York Life's Financial Condition by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Demlong, William) |
Filing 332 MOTION in Limine re: to Exclude Claim of a Breach of Contract by Plaintiff by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Demlong, William) |
Filing 331 MOTION in Limine re: to Exclude Plaintiff's Expert Gregory Wimmer From Trial by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Attachments: #1 Exhibit Tab 1, #2 Exhibit Tab 2)(Demlong, William) |
Filing 330 MOTION in Limine re: to Exclude Plaintiff's Expert, Christina Urias by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Demlong, William) Modified on 10/2/2015 (REW). |
Filing 329 MOTION in Limine No. 4 by Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 328 MOTION in Limine No. 3 by Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 327 MOTION in Limine No 2. by Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 326 MOTION in Limine No. 1 by Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 325 Joint MOTION for Extension of Time of Final Pretrial Deadlines by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Attachments: #1 Text of Proposed Order)(Wittwer, John) |
Filing 324 Joinder re: #323 Response to Motion Plaintiff's Motion for Reconsideration by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) Modified on 9/22/2015 (REW). |
Filing 323 RESPONSE to Motion re: #319 MOTION for Reconsideration re: #316 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 322 RESPONSE in Opposition re: #317 MOTION for Clarification re: #316 Order filed by David Michael Krieg. (Attachments: #1 Exhibit 1-Cotterman depo p. 93:2-7)(Donchin, David) |
Filing 321 ORDER that Plaintiff's #319 Motion to Reconsider is DENIED IN PART as explained in this order. Defendants shall file a response to Plaintiff's Motion to Reconsider on the issue of whether the order should be modified regarding the amount of money Schwartz paid Krieg by no later than 9/21/2015. The Court will rule on the remaining portion of Plaintiff's motion after considering Defendants' response. IT IS FURTHER ORDERED that the Schwartz Defendants' #318 Motion for Reconsideration/Clarification is DENIED. IT IS FURTHER ORDERED that Plaintiff shall file a response to the New York Life Defendants' #317 Motion for Clarification by no later than 9/21/2015. The Court will rule on the motion after considering Plaintiff's response. (See attached order for details.) Signed by Judge Douglas L Rayes on 9/8/2015. (MMO) |
Filing 320 NOTICE of Errata re: #319 MOTION for Reconsideration re: #316 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by Plaintiff David Michael Krieg.. (Attachments: #1 Exhibit 1-Amended Proposed Order)(Donchin, David) |
Filing 319 MOTION for Reconsideration re: #316 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by David Michael Krieg. (Attachments: #1 Exhibit 1-Bloom deposition, #2 Exhibit 2-Aug. 5 hearing transcript, #3 Exhibit 3-Kasel deposition, #4 Exhibit 4-Krieg deposition, #5 Text of Proposed Order)(Donchin, David) |
Filing 318 MOTION for Reconsideration re: #316 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 317 *MOTION for Clarification re: #316 Partial Summary Judgment Order Dated August 19, 2015 by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Attachments: #1 Text of Proposed Order)(Wittwer, John) *Modified to correct Motion event on 9/3/2015* (REW). |
Filing 316 ORDER granting in part and denying in part the Schwartz Defendants' #253 Motion for Partial Summary Judgment as explained herein. IT IS FURTHER ORDERED granting in part and denying in part the New York Life Defendants' #260 Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment as explained herein. (See Order for details.) Signed by Judge Douglas L Rayes on 8/19/2015. (MMO) |
Filing 314 TRANSCRIPT REQUEST by David Michael Krieg for proceedings held on 08/05/2015, Judge Douglas L Rayes hearing judge(s). (Donchin, David) |
Filing 315 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing proceedings held on 08/05/2015, before Judge Douglas L. Rayes. (Court Reporter: David C. German). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2015. Redacted Transcript Deadline set for 9/11/2015. Release of Transcript Restriction set for 11/9/2015. (RAP) |
Filing 313 TRANSCRIPT REQUEST by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC for proceedings held on 8/5/2015, Judge Douglas L Rayes hearing judge(s). (Wittwer, John) |
Filing 312 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Motion Hearing held on 8/5/2015. IT IS ORDERED denying Plaintiffs' #251 Motion for Partial Summary Judgment except for plaintiffs can introduce statutes, regulations and rules if they pertain to the standard of care. IT IS FURTHER ORDERED denying the Schwartz Defendants' #253 Motion for Partial Summary Judgment regarding punitive damages. Oral Argument heard as to the New York Life Defendants' #260 Motion for Summary Judgment or, in the Alternative, Motion for Partial Summary Judgment. Under advisement. APPEARANCES: David Donchin for Plaintiff. Robert Lydford and Michael Obert for the Schwartz Defendants. William Demlong and John Wittwer for the New York Life Defendants. (Court Reporter David German.) Hearing held 1:24 PM to 2:54 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
Filing 311 MINUTE ORDER as to Plaintiff's #251 MOTION for Partial Summary Judgment, the Schwartz Defendants' #253 MOTION for Partial Summary Judgment, and the New York Life Defendants' #260 MOTION for Summary Judgment or, in the Alternative, MOTION for Partial Summary Judgment: Oral Argument set for 8/7/2015 at 2:00 PM is VACATED AND RESET. Oral Argument reset for 8/5/2015 at 1:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
Filing 310 ORDER as to Plaintiff's #251 MOTION for Partial Summary Judgment, the Schwartz Defendants' #253 MOTION for Partial Summary Judgment, and the New York Life Defendants' #260 MOTION for Summary Judgment or, in the Alternative, MOTION for Partial Summary Judgment: Oral Argument set for 8/7/2015 at 2:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Oral argument shall be set for one hour. The parties shall be prepared to discuss and clarify the items stated herein. (See Order for details.) Signed by Judge Douglas L Rayes on 7/28/2015. (MMO) |
Filing 309 Additional Attachments to Main Document re: #294 Statement Ex. 3 Financial Info - Redacted by Plaintiff David Michael Krieg. (Donchin, David) |
Filing 308 Additional Attachments to Main Document re: #294 Statement Ex. 2 Tax Returns - Redacted by Plaintiff David Michael Krieg. (Donchin, David) |
Filing 307 Additional Attachments to Main Document re: #293 Reply to Response to Motion Ex. 1-Cotterman production of Krieg Financial Documents by Plaintiff David Michael Krieg. (Donchin, David) |
Filing 306 REPLY to Response to Motion re: #260 MOTION for Summary Judgment MOTION for Partial Summary Judgment filed by New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (REW) |
Filing 305 ORDER granting Defendants' #299 Motion to Exceed Page Limit filed by Defendants New York Life Insurance and Annuity Corporation, New York Life Insurance Company, and NYLife Securities LLC. IT IS FURTHER ORDERED that Defendants may file a reply brief that is no longer than 15 pages. Signed by Judge Douglas L Rayes on 7/20/2015. (MMO) |
Filing 304 ORDER denying Plaintiff's #295 Ex Parte Motion for Leave to File Documents Under Seal without prejudice. IT IS FURTHER ORDERED that Plaintiff may resubmit his documents for filing in the public record within 5 days of the date of this Order, in accordance with LRCiv. 5.6(e). (See Order for details.) Signed by Judge Douglas L Rayes on 7/17/2015. (MMO) |
Filing 303 *STATEMENT of Facts in Reply in Further Support of Schwartz's Motion for Partial Summary Judgment and Response to [Doc #272] Plaintiff's Objection to Defendant Schwartz's Separate Statement of Facts re: #253 MOTION for Partial Summary Judgment, #252 Statement by Defendants Scott McClelland, Schwartz Group. (Attachments: #1 Exhibits A-K)(Lydford, Robert) *Modified to correct filer on 7/20/2015* (REW). |
Filing 302 *REPLY to Response to Motion re: #253 MOTION for Partial Summary Judgment filed by Scott McClelland, Schwartz Group. (Lydford, Robert) *Modified to correct filer on 7/20/2015* (REW). |
Filing 301 STATEMENT of New York Life Defendants' Response In Opposition To: Plaintiff's "Additional Facts Which Preclude Summary Judgment" [DKT. 286] re: #286 Statement by Defendants NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC, Cross Defendants NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Attachments: #1 Exhibits 1-6)(Wittwer, John) Modified on 7/20/2015 (REW). |
Filing 300 *FILED at #306 - LODGED Proposed New York Life Defendants' Reply In Support of: Motion for Summary Judgment, Or In The Alternative, Partial Summary Judgment re: #299 MOTION to Exceed Pages. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) *Modified to correct document number/link on 7/22/2015* (REW). |
Filing 299 MOTION for Leave to File Excess Pages For Reply In Support of Motion for Summary Judgment, Or In The Alternative, Partial Summary Judgment by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Attachments: #1 Text of Proposed Order)(Wittwer, John) |
Filing 298 **DENIED by Doc. #304 ** SEALED LODGED Proposed Exhibit 3 Financial Information re: #295 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by David Michael Krieg. (Donchin, David) Modified on 7/17/2015 (MMO). |
Filing 297 **DENIED by Doc. #304 ** SEALED LODGED Proposed Exhibit 2 Tax Returns re: #295 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by David Michael Krieg. (Donchin, David) Modified on 7/17/2015 (MMO). |
Filing 296 **DENIED by Doc. #304 ** SEALED LODGED Proposed Exhibit 1 Financial Documents dated 09.30.08 re: #295 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by David Michael Krieg. (Donchin, David) Modified on 7/17/2015 (MMO). |
Filing 295 EX PARTE MOTION to Seal Document by David Michael Krieg. (Attachments: #1 Exhibit Exhibit 1- Proposed Order granting Mtn to File Under Seal)(Donchin, David) |
Filing 294 STATEMENT of Reply to New York Life Defendants' Response to Separate Statement of Facts re: #265 Statement, #252 Statement by Plaintiff David Michael Krieg. (Attachments: #1 Exhibit Krieg Depo, #2 Exhibit Bloom Depo, #3 Exhibit Kasel Depo, #4 Exhibit Cohen Depo, #5 Exhibit Cotterman Depo, #6 Exhibit Newhouse Depo, #7 Exhibit Witt Depo, #8 Exhibit Cotterman email with addresses, #9 Exhibit Whitaker Depo, #10 Exhibit Rocchi Depo)(Donchin, David) |
Filing 293 REPLY to Response to Motion re: #251 MOTION for Partial Summary Judgment Reply to Doc 264 New York Life filed by David Michael Krieg. (Attachments: #1 Exhibit 2- Krieg Depo, #2 Exhibit 3- Screen Shots of email addresses, #3 Exhibit 4- Cotterman email with addresses, #4 Exhibit 5- TIR Report - Redacted, #5 Exhibit 6- Bloom Depo, #6 Exhibit 7- April-May 2012 Text Msgs of Schwartz & Kasel DK 228-237, #7 Exhibit 8- Christina Urias Krieg Final Report)(Donchin, David) |
Filing 292 STATEMENT of Reply to Schwartz's Controverting SSOF Doc. 269 re: #269 Statement, #251 MOTION for Partial Summary Judgment , #252 Statement by Plaintiff David Michael Krieg. (Attachments: #1 Exhibit 1-Kasel, #2 Exhibit 2-Newhouse, #3 Exhibit 3 - Cotterman, #4 Exhibit 4-Krieg, #5 Exhibit 5-Text Messages, #6 Exhibit 6-Urias Depo, #7 Exhibit 7-Witt, #8 Exhibit 8-Cohen, #9 Exhibit 9-Cotterman email w addresses)(Donchin, David) |
Filing 291 REPLY to Response to Motion re: #251 MOTION for Partial Summary Judgment Reply to Doc 268 Schwartz Response filed by David Michael Krieg. (Attachments: #1 Exhibit 1-Target Memo, #2 Exhibit 2-Text Messages, #3 Exhibit 3 -Urias Report, #4 Exhibit 4-Screen shots)(Donchin, David) |
Filing 290 AMENDED ORDER SETTING FINAL PRETRIAL CONFERENCE: Joint Proposed Final Pretrial Order due: 10/1/2015. Final Pretrial Conference set for 10/15/2015 at 9:00 AM in Courtroom 506, 401 W Washington Street, Phoenix, Arizona. (See Order for details.) Signed by Judge Douglas L Rayes on 7/7/2015. (MMO) |
Filing 289 **AMENDED by Doc. 290** ORDER SETTING FINAL PRETRIAL CONFERENCE: Joint Proposed Final Pretrial Order due: 10/1/2015. Final Pretrial Conference set for 10/15/2015 at 9:00 AM in Courtroom 506, 401 W Washington Street, Phoenix, Arizona. (See Order for details.) Signed by Judge Douglas L Rayes on 7/7/2015. (MMO) Modified on 7/7/2015 (MMO). |
Filing 288 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Trial Scheduling Conference held on 7/7/2015. Trial to be scheduled for 7 days beginning Monday, 11/9/2015. Final Pretrial Conference set for 10/15/2015 at 9:00 AM. Order setting deadlines to follow. APPEARANCES: Telephonic appearance by David Donchin for Plaintiff. Telephonic appearance by William Demlong and John Wittwer for the New York Life Defendants. Telephonic appearance by Michael Obert for Defendants Schwartz Group and Scott McClelland. Jury Trial set for 11/9/2015 at 9:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. (Court Reporter David German.) Hearing held 10:30 AM to 10:41 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
Filing 287 MINUTE ORDER: Telephonic Trial Scheduling Conference set for 6/30/2015 at 4:30 PM is VACATED AND RESET. Telephonic Trial Scheduling Conference reset for 7/7/2015 at 10:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
Filing 286 *AMENDED DOCUMENT re #273 , #274 and #275 Statement of Facts in Dispute by Plaintiff David Michael Krieg. (Attachments: #1 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #2 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #3 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #4 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #5 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #6 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #7 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #8 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #9 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #10 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #11 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #12 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #13 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #14 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #15 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #16 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #17 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #18 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #19 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #20 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #21 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #22 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #23 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #24 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #25 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #26 Errata Exhibit to Plaintiff's Amended Facts in Dispute, #27 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #28 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #29 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #30 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #31 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #32 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #33 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #34 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #35 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #36 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #37 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #38 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #39 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #40 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute, #41 Exhibit Exhibit to Plaintiff's Amended Facts in Dispute)(Donchin, Venessa) *Modified to correct event type and to add document numbers on 6/30/2015 (LSP). |
Filing 285 RESPONSE to Motion re: #260 MOTION for Summary Judgment MOTION for Partial Summary Judgment, #249 MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment (Oral Argument Requested) by NYL Defendants filed by David Michael Krieg. (Attachments: #1 Exhibit 1 - Krieg dep., #2 Exhibit 2 - Kasel dep., #3 Exhibit 3 - Cohen dep., #4 Exhibit 4 - Bishop dep., #5 Exhibit 5 - Rocchi dep., #6 Exhibit 6 - Murphy dep., #7 Exhibit 7 - Chu dep., #8 Exhibit 8 - Agent Handbook, #9 Exhibit 9 - Agent Contract, #10 Exhibit 10 - Paul dep., #11 Exhibit 11 - TIR, #12 Exhibit 12 - Emails - Krieg production, #13 Exhibit 13 - High Profile Meeting Notes, #14 Exhibit 14 - Robertson dep., #15 Exhibit 15 - Popper dep., #16 Exhibit 16 - Sterling dep., #17 Exhibit 17 - Newhouse dep., #18 Exhibit 18 - NYL Ltr rejecting POA, #19 Exhibit 19 - Settlement Ltr, #20 Exhibit 20 - Oaks dep., #21 Exhibit 21 - Illustrations, #22 Exhibit 22 - 11-19-10 Indiana penalty on Schwartz, #23 Exhibit 23 - Nolan dep., #24 Exhibit 24 - Memorandum, #25 Exhibit 25 - Whitaker dep., #26 Exhibit 26 - Press Release)(Donchin, David) |
Filing 284 RESPONSE to Motion re: #253 MOTION for Partial Summary Judgment by Schwartz Defendants filed by David Michael Krieg. (Attachments: #1 Exhibit 1 - Cohen dep., #2 Exhibit 2 - Application, #3 Exhibit 3 - Agent Statement, #4 Exhibit 4 - Kasel dep., #5 Exhibit 5 - Emails, #6 Exhibit 6 - NYLKRIEG 5952, #7 Exhibit 7 - Chu dep., #8 Exhibit 8 - Memo at p. 2, #9 Exhibit 9 - Nolan dep., #10 Exhibit 10 - Oaks dep., #11 Exhibit 11 - Krieg, #12 Exhibit 12 - Robertson dep., #13 Exhibit 13 - Murphy dep., #14 Exhibit 14 - Rocchi dep., #15 Exhibit 15 - Popper dep., #16 Exhibit 16 - Newhouse dep., #17 Exhibit 17 - Sterling dep., #18 Exhibit 18 - NYL Ltr rejecting POA, #19 Exhibit 19 - Settlement Ltr, #20 Exhibit 20 - Illustrations)(Donchin, David) |
Filing 283 ORDER granting in part Plaintiff's #267 Application for Leave to File Enlarged Brief in Objection to Motion for Summary Judgment of the New York Life Defendants, and #270 Application to Enlarge Number of Pages for Objection to Motion for Partial Summary Judgment of the Schwartz Defendants. IT IS FURTHER ORDERED that Plaintiff's responses may exceed the page limit stated in LRCiv. 7.2(e)(1), but by no more than 8 pages. Signed by Judge Douglas L Rayes on 6/24/2015. (MMO) |
Filing 282 ORDER denying Plaintiff's #277 Ex Parte Motion for Leave to File Documents Under Seal without prejudice. IT IS FURTHER ORDERED that Plaintiff may resubmit its documents for filing in the public record within 5 days of the date of this Order, in accordance with LRCiv. 5.6(e). Signed by Judge Douglas L Rayes on 6/24/2015. (MMO) |
Filing 281 **DENIED by Doc. #282 ** SEALED LODGED Proposed Exhibit 38 to Plaintiff's Statement of Facts in Dispute re: #277 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by David Michael Krieg. (Donchin, Venessa) Modified on 6/25/2015 (MMO). |
Filing 280 **DENIED by Doc. #282 ** SEALED LODGED Proposed Exhibit 13 to Plaintiff's Statement of Facts in Dispute re: #277 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by David Michael Krieg. (Donchin, Venessa) Modified on 6/25/2015 (MMO). |
Filing 279 **DENIED by Doc. #282 ** SEALED LODGED Proposed Exhibit 9 to Plaintiff's Statement of Facts in Dispute re: #277 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by David Michael Krieg. (Donchin, Venessa) Modified on 6/25/2015 (MMO). |
Filing 278 **DENIED by Doc. #282 ** SEALED LODGED Proposed Exhibit 8 to Plaintiff's Statement of Facts in Dispute re: #277 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by David Michael Krieg. (Donchin, Venessa) Modified on 6/25/2015 (MMO). |
Filing 277 EX PARTE MOTION to Seal Document by David Michael Krieg. (Attachments: #1 Text of Proposed Order)(Donchin, Venessa) |
Filing 276 NOTICE of Errata re: #270 MOTION for Leave to File Excess Pages for Response to Schwartz's Motion for Partial Summary Judgment by Plaintiff David Michael Krieg.. (Donchin, David) |
Filing 275 Additional Attachments to Main Document re: #273 Statement of Facts in Dispute and Additional Facts by Plaintiff David Michael Krieg. (Attachments: #1 Exhibit Attachment to 273, Plaintiff's Statement of Facts, #2 Exhibit Attachment to 273, Plaintiff's Statement of Facts, #3 Exhibit Attachment to 273, Plaintiff's Statement of Facts, #4 Exhibit Attachment to 273, Plaintiff's Statement of Facts, #5 Exhibit Attachment to 273, Plaintiff's Statement of Facts, #6 Exhibit Attachment to 273, Plaintiff's Statement of Facts)(Donchin, Venessa) |
Filing 274 Additional Attachments to Main Document re: #273 Statement of Facts in Dispute and Additional Facts by Plaintiff David Michael Krieg. (Attachments: #1 Exhibit Attachment to 273, Plaintiff's Statement of Facts, #2 Exhibit Attachment to 273, Plaintiff's Statement of Facts)(Donchin, Venessa) |
Filing 273 STATEMENT of Facts in Dispute of Def NYL MFSJ by Plaintiff David Michael Krieg. (Donchin, Venessa) |
Filing 272 RESPONSE re: #255 Additional Attachments to Main Document, #256 Notice of Errata, #254 Statement by Plaintiff David Michael Krieg. (Attachments: #1 Exhibit 1-Kasel deposition, #2 Exhibit 2-Krieg deposition, #3 Exhibit 3-Oaks deposition, #4 Exhibit 4-Robertson deposition, #5 Exhibit 5-Witt deposition, #6 Exhibit 6-Sterling deposition, #7 Exhibit 7-Newhouse deposition, #8 Exhibit 8-Cohen deposition, #9 Exhibit 9-NYLKRIEG 00376-381, #10 Exhibit 10-NYLKRIEG 00002-3, #11 Exhibit 11-D. Krieg 2255;2271;2288;2305;2411, #12 Exhibit 12-NYLKRIEG 5952, #13 Exhibit 13-June 18, 2014 letter, #14 Exhibit 14-Murphy deposition, #15 Exhibit 15-Rocchi deposition, #16 Exhibit 16-Chu deposition, #17 Exhibit 17-Memorandum at p. 2, #18 Exhibit 18-Nolan deposition, #19 Exhibit 19-Illustrations)(Donchin, David) |
Filing 271 Additional Attachments to Main Document re: #270 MOTION for Leave to File Excess Pages for Response to Schwartz's Motion for Partial Summary Judgment Correct Exhibit - Pf's Response to Schwartz's Motion for Partial Summary Judgment by Plaintiff David Michael Krieg. (Donchin, David) |
Filing 270 *AMENDED MOTION for Leave to File Excess Pages for Response to Schwartz's Motion for Partial Summary Judgment by David Michael Krieg. (Attachments: #1 Exhibit Pf's Response to Schwartz's MSJ)(Donchin, David) *Modified to correct motion type on 6/23/2015 (LSP). |
Filing 269 *STATEMENT - Controverting Statement of Facts re #268 Response in Opposition re: #251 MOTION for Partial Summary Judgment and #252 Plaintiff's Separate Statement of Undisputed Facts by Defendants Richard Schwartz, Schwartz Group. (Attachments: #1 Exhibit Exhibits A - H)(Obert, Michael) *Modified to add document number on 6/23/2015 (LSP). |
Filing 268 RESPONSE to Motion re: #251 MOTION for Partial Summary Judgment filed by Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 267 MOTION for Leave to File Excess Pages for Response to New York Life's Motion for Summary Judgment by David Michael Krieg. (Attachments: #1 Exhibit Pf's Response to New York Life's MSJ)(Donchin, David) |
Filing 266 MOTION for Leave to File Excess Pages for Response to Schwartz's Motion for Summary Judgment by David Michael Krieg. (Attachments: #1 Exhibit Pf's Response to Schwartz's MSJ)(Donchin, David) |
Filing 265 STATEMENT of Controverting Statement of Facts In Opposition to Dkt. 252, Plaintiff's Separate Statement of Undisputed Facts re: #252 Statement by Defendants NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC, Cross Defendants NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Wittwer, John) |
Filing 264 RESPONSE to Motion re: #251 MOTION for Partial Summary Judgment filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 263 ORDER granting Plaintiff's #262 Unopposed Application to Extend Time to File Objections to Motions for Summary Judgment and Separate Statement of Facts. IT IS FURTHER ORDERED that all parties shall receive an extension of seven (7) days, or until 6/21/2015 in which to file their responses to the motions for summary judgment, (Docs. 251, 253, 260). Signed by Judge Douglas L Rayes on 6/11/2015. (MMO) Modified on 6/23/2015 (MMO). |
Filing 262 * MOTION for Extension of Time to File Response/Reply as to #251 , MOTION for Partial Summary Judgment, #253 MOTION for Partial Summary Judgment, #260 MOTION for Summary Judgment MOTION for Partial Summary Judgment, by David Michael Krieg. (Attachments: #1 Text of Proposed Order)(Donchin, David) *Modified to correct document numbers/links on 6/12/2015* (REW). |
Filing 261 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 260 * MOTION for Summary Judgment or in the Alternative, MOTION for Partial Summary Judgment (Oral Argument Requested) by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Demlong, William). *Modified to added MOTION part on 5/22/2015* (REW). |
Filing 259 ORDER: IT IS ORDERED granting in part and denying in part #248 New York Life Defendants' Motion to Exceed Page Limit for: Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment. New York Life Defendants' Motion for Summary Judgment may exceed the page limitation, but by no more than 8 pages. Signed by Judge Douglas L Rayes on 5/19/15.(JAMA) |
Filing 258 NOTICE re: Service of Deposition Notice by David Michael Krieg re: #257 Notice of Deposition of Brian Oaks. (Donchin, David) |
Filing 257 NOTICE of Deposition of Brian Oaks, filed by David Michael Krieg. (Donchin, David) |
Filing 256 *NOTICE of Errata re: #253 , #254 Regarding Separate Statement of Facts in Support of Motion for Partial Summary Judgment by Defendants Richard Schwartz, Schwartz Group. (Obert, Michael) *Modified to add document numbers/links on 5/18/2015* (REW). |
Filing 255 Additional Attachments to Main Document re: #254 Statement of Facts in Support of Motion for Partial Summary Judgment by Defendants Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 254 STATEMENT of Facts In Support Of Motion For Partial Summary Judgment re: #253 MOTION for Partial Summary Judgment by Defendant Schwartz Group. (Obert, Michael) |
Filing 253 MOTION for Partial Summary Judgment by Schwartz Group. (Attachments: #1 Exhibit Exhibits A-G)(Obert, Michael) |
Filing 252 STATEMENT of Undisputed Facts Supporting Plaintiff's Motion for Partial Summary Judgment re: #251 MOTION for Partial Summary Judgment by Plaintiff David Michael Krieg. (Attachments: #1 Exhibit 1- Krieg deposition, #2 Exhibit 2 - NYL Insurance Application, #3 Exhibit 3 - NYL Policy Data Pages, #4 Exhibit 4 - NYL's Agents Handbook, #5 Exhibit 5 - Paul deposition, #6 Exhibit 6 - Rocchi deposition, #7 Exhibit 7 - Murphy deposition, #8 Exhibit 8 - Bishop deposition, #9 Exhibit 9 - Cohen deposition, #10 Exhibit 10 - Urias deposition)(Donchin, David) |
Filing 251 MOTION for Partial Summary Judgment by David Michael Krieg. (Attachments: #1 Exhibit 1 - Whitaker deposition, #2 Exhibit 2 - Schwartz penalty by State of Indiana, #3 Exhibit 3 - Paul deposition, #4 Exhibit 4 - Nolan deposition, #5 Exhibit 5 - Avritt deposition, #6 Exhibit 6 - Krieg deposition, #7 Exhibit 7 - Emails re financial information, #8 Exhibit 8 - Robertson deposition, #9 Exhibit 9 - Murphy deposition, #10 Exhibit 10 - Rocchi deposition, #11 Exhibit 11 - Urias deposition, #12 Exhibit 12 - Cohen deposition, #13 Exhibit 13 - NYL's Agent's Handbook, #14 Exhibit 14 - TIR Report, #15 Exhibit 15 - NYL Bates 3701, #16 Exhibit 16 - Feinberg deposition, #17 Exhibit 17 - Gangemi deposition, #18 Exhibit 18 - Bishop deposition)(Donchin, David) |
Filing 250 LODGED Proposed STATEMENT of Facts in Support of New York Life's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. Document to be filed if Motion to Exceed Page Limit is granted. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Demlong, William) *Modified from Filed to Lodged on 5/18/2015* (REW). |
Filing 249 LODGED Proposed MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. Document to be filed if Motion to Exceed Page Limit is granted. (Demlong, William) *Modified from Filed to Lodged on 5/18/2015* (REW). |
Filing 248 MOTION for Leave to File Excess Pages for Motion For Summary Judgment, or in the Alternative Partial Summary Judgment by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Attachments: #1 Text of Proposed Order)(Demlong, William) |
Filing 247 NOTICE of Deposition of Rodd Newhouse, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 246 ORDER granting the parties' #245 Joint Motion and Stipulation for Leave toConduct Three (3) Depositions After the April 15, 2015 Deadline: The parties may take the depositions of Mr. Newhouse, Mr. Bloom, and Mr. Oaks, by no later than 6/30/2015. Signed by Judge Douglas L Rayes on 5/5/2015. (MMO) |
Filing 245 STIPULATION and Joint Motion for Leave to Conduct Three (3) Depositions After Deadline by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Attachments: #1 Text of Proposed Order)(Wittwer, John) |
Filing 244 NOTICE re: Service of Deposition Notice by David Michael Krieg re: #243 Notice of Deposition of Steve Bloom. (Donchin, David) |
Filing 243 NOTICE of Deposition of Steve Bloom, filed by David Michael Krieg. (Donchin, David) |
Filing 242 MINUTE ENTRY for proceedings held before Magistrate Judge David K Duncan: Settlement Conference held on 4/16/2015. Settlement not reached. (Court Reporter N/A.) Hearing held 9:00 AM to 5:01 PM.(REW) |
Filing 241 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, Venessa) |
Filing 240 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 239 Document was filed in the wrong case. All information associated with the entry has been removed. NEF regenerated on 04/09/2015 (CEI) |
Filing 238 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 237 NOTICE re: Service of Amended Deposition Notice by David Michael Krieg re: #236 Notice of Deposition Charles Cohen -Amended. (Donchin, David) |
Filing 236 NOTICE of Deposition of Charles Cohen -Amended, filed by David Michael Krieg. (Donchin, David) |
Filing 235 NOTICE re: Service of Deposition Notice by David Michael Krieg re: #233 Notice of Deposition of Charles Cohen. (Donchin, David) |
Filing 234 NOTICE re: Service of Deposition Notice by David Michael Krieg re: #232 Notice of Deposition of Melvin Feinberg. (Donchin, David) |
Filing 233 NOTICE of Deposition of Charles Cohen, filed by David Michael Krieg. (Donchin, David) |
Filing 232 NOTICE of Deposition of Melvin Feinberg, filed by David Michael Krieg. (Donchin, David) |
Filing 230 ORDER pursuant to General Order 09-08 granting #228 Motion for Admission Pro Hac Vice; granting #229 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) |
Filing 229 MOTION for Admission Pro Hac Vice as to attorney Scott L Starr on behalf of David Michael Krieg. (BAS) |
Filing 228 MOTION for Admission Pro Hac Vice as to attorney Shannon G Starr on behalf of David Michael Krieg. (BAS) |
PRO HAC VICE FEE PAID. $ 70, receipt number PHX155850 as to Shannon G Starr, Scott L Starr. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 231 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on 12/18/2014, before Judge Douglas L. Rayes. (Court Reporter: David C. German). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2015. Redacted Transcript Deadline set for 3/27/2015. Release of Transcript Restriction set for 5/26/2015. (RAP) |
Filing 227 NOTICE of Deposition of Rod Newman, filed by Schwartz Group. (Obert, Michael) |
Filing 226 NOTICE of Deposition of Greg Wimmer, filed by Schwartz Group. (Obert, Michael) |
Filing 225 *NOTICE of Service Of Discovery: Defendants Amended List Of Expert Witnesses by Schwartz Group With Exhibit Attached. (Obert, Michael) *Modified from Notice on 2/18/2015* (REW). |
Filing 224 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 223 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 222 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 221 SETTLEMENT CONFERENCE ORDER, Settlement Conference set for 4/16/2015 at 09:00 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan (see order for complete details). Signed by Magistrate Judge David K Duncan on 2/11/15. (REW) |
Filing 220 ORDER, the Motion #194 is granted insofar as it seeks the relief provided in this order and otherwise denied; pursuant to the stipulation of the Parties, the following pages and lines in the transcript at issue of 9/5/14 shall be treated as confidential under the stipulated protective order: page 15, lines 4-6; page 19, lines 4, 8-14; page 23, lines 20-25; and page 24, lines 1-3. Signed by Magistrate Judge Mark E Aspey on 2/3/15.(REW) |
Filing 219 TRANSCRIPT REQUEST *AMENDED by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC for proceedings held on December 18, 2014, Judge Douglas L. Rayes hearing judge(s). (Wittwer, John) *Modified on 2/2/2015 (RAP). |
Filing 218 TRANSCRIPT REQUEST by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC for proceedings held on December 18, 2014, Judge Douglas L. Rayes hearing judge(s). (Wittwer, John) |
Filing 217 REPLY to Response to Motion re: #194 MOTION New York Life Defendants' Motion to Designate Parts of Transcript [Dkt. 181] as Confidential filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Attachments: #1 Text of Proposed Order)(Wittwer, John) |
Filing 216 MINUTE ENTRY for proceedings held before Magistrate Judge Mark E Aspey: Telephonic Conference held on 1/22/2015, regarding New York Life's Motion at Doc. 194. New York Life Defendants shall file a Reply to Plaintiff's Response at Doc. 200 within five (5) business days. The matter will then be deemed submitted. APPEARANCES: David Brian Donchin and James K. Larimore for Plaintiff; Michael Patrick Obert for Defendant Schwartz Group; William M. Demlong and Karen Lamp for Defendant New York Life. Hearing held 1:30 PM to 1:55 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MEA, ps) |
Filing 215 TRANSCRIPT REQUEST Amended by David Michael Krieg for proceedings held on 12/18/2014, Judge Douglas L. Rayes hearing judge(s). (Donchin, David) |
Filing 214 TRANSCRIPT REQUEST Amended by David Michael Krieg for proceedings held on 12/18/2014, Judge Douglas L. Rayes hearing judge(s). (Donchin, David) |
Filing 213 NOTICE OF DEFICIENCY: Pursuant to the Federal Rules of Civil Procedure, and the General Orders, Local Rules, and CM/ECF Administrative Policies and Procedures Manual of this Court, the following deficiencies have been found with the electronically filed document, Transcript Request Doc. #208 filed by David Donchin: 1) AO435 form, box 18 request deadline date in the past (1/16/15); a valid category must be checked. 2) AO435 form, box 19 does not contain an acceptable electronic signature. ACTION REQUIRED BY THE REQUESTOR: The deficiencies must be corrected within one (1) business day of this notice. The requestor must re-file the entire corrected document AO435 Transcript Order form. The requestor shall re-file as an AMENDED Transcript Request. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
Filing 212 NOTICE of Deposition of Bruce Popper, filed by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 211 NOTICE of Deposition of Greg Wimmer, filed by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 210 NOTICE of Deposition of Christina Urias, filed by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 209 NOTICE of Deposition of Rod Newhouse, filed by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 208 TRANSCRIPT REQUEST for Telephonic Status Conference by David Michael Krieg for proceedings held on 12/18/2014, Judge Douglas L. Rayes hearing judge(s). (Donchin, David) |
Filing 207 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 206 ORDER re: #204 Motion to Withdraw filed by Brielle Cotterman. IT IS ORDERED allowing Jason R. Barclay to withdraw as counsel of record for Defendant Brielle Cotterman. Attorneys Ryan McLaughlin of Barnes & Thornburg LLP and Michael LaVelle of LaVelle & LaVelle, P.L.C. will continue to represent Cotterman in this matter. Signed by Judge Douglas L Rayes on 1/12/2015. (MMO) |
Filing 205 ORDER granting #202 Joint Application for Extension of Deadlines. Deadlines extended as follows: Written Discovery Completed: 3/15/2015. Depositions Completed: 4/15/2015. Dispositive Motions: 5/15/2015. Joint Proposed Pretrial Order: 8/14/2015. IT IS FURTHER ORDERED setting this matter for a Telephonic Trial Scheduling Conference before Judge Douglas L. Rayes on Tuesday, 6/30/2015, at 4:30 PM. IT IS FURTHER ORDERED that the parties shall engage in a Settlement Conference. Magistrate Judge David K. Duncan is drawn for purposes of conducting the Settlement Conference. The parties are directed to contact Magistrate Judge David K. Duncan's chambers at 602-322-7630 to schedule a Settlement Conference. Signed by Judge Douglas L Rayes on 1/7/2015.(MMO) |
Filing 204 *NOTICE of Attorney Withdrawal as to Attorney Jason Barclay by Brielle Cotterman. (Attachments: #1 Text of Proposed Order)(LaVelle, Michael) *Modified from Motion on 1/7/2015* (REW). |
Filing 203 NOTICE of Service of Discovery filed by New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 202 MOTION for Extension of Time to Complete Discovery by New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Attachments: #1 Text of Proposed Order)(Wittwer, John) |
Filing 201 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Status Conference held on 12/18/2014. The Court ORDERS all discovery disputes pertaining to the Protective Order (Doc. #65 ) entered in this case on 12/13/2013 are REFERRED to Magistrate Judge Mark E. Aspey. The parties are directed to contact Magistrate Judge Aspey's chambers (928-774-2567) to determine how disputes should be handled. The parties advise the Court they will be filing a stipulated motion for an extension of the discovery deadlines. Stipulated motion shall be filed by close of business today, 12/18/14. APPEARANCES: Telephonic appearance by David Donchin for Plaintiff. Telephonic appearance by John Witwer for the New York Life Defendants. Telephonic appearance by Michael Obert for Defendants Schwartz Group and Scott McClelland. (Court Reporter David German.) Hearing held 10:03 AM to 10:22 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
Filing 200 RESPONSE to Motion re: #194 MOTION New York Life Defendants' Motion to Designate Parts of Transcript [Dkt. 181] as Confidential And Objection filed by David Michael Krieg. (Donchin, David) |
Filing 199 NOTICE re: Service by David Michael Krieg re: #198 Notice of Deposition by Video of Tom Nolan & Jacob Robertson. (Donchin, David) |
Filing 198 NOTICE of Deposition of Tom Nolan & Jacob Robertson, filed by David Michael Krieg. (Donchin, David) |
Filing 196 ORDER granting #186 Motion to Redact. The transcript from the 9/5/2014 discovery hearing shall be redacted as requested by the New York Life Defendants in their motion. IT IS FURTHER ORDERED setting a telephonic status conference for 12/18/2014 at 10:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L. Rayes. (See Order for details.) Signed by Judge Douglas L Rayes on 12/9/2014. (MMO) |
Filing 195 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 194 MOTION New York Life Defendants' Motion to Designate Parts of Transcript [Dkt. 181] as Confidential by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 193 NOTICE re: Amended by David Michael Krieg re: #192 Notice (Other) of Subpoena Duces Tecum to Custodian of Records, Melvin J. Feinberg. (Attachments: #1 Exhibit Alias Subpoena to Feinberg)(Donchin, David) |
Filing 192 NOTICE re: Subpoena Duces Tecum by David Michael Krieg . (Attachments: #1 Exhibit 1 to SDT)(Donchin, David) |
Filing 191 RESPONSE to Motion re: #186 MOTION to Redact Transcript filed by David Michael Krieg. (Donchin, David) |
Filing 190 ORDER re: #186 MOTION to Redact Transcript filed by New York Life Insurance Company, New York Life Insurance & Annuity Corporation, NYLife Securities LLC, New York Life Securities LLC accelerating the response deadline to Monday, 12/1/2014. Signed by Judge Douglas L Rayes on 11/24/2014. (MMO) |
Filing 197 NOTICE OF FILING OF OFFICIAL REDACTED TRANSCRIPT of Hearing re Discovery Proceedings held on 09/05/2014, before Judge Douglas L. Rayes. (Court Reporter: David C. German). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/19/2015. (RAP) |
Filing 189 TRANSCRIPT REQUEST Amended by David Michael Krieg for proceedings held on 9-5-14, Judge Douglas Rayes hearing judge(s). (Donchin, David) |
Filing 188 NOTICE OF DEFICIENCY: Pursuant to the Federal Rules of Civil Procedure, and the General Orders, Local Rules, and CM/ECF Administrative Policies and Procedures Manual of this Court, the following deficiency has been identified with the electronically filed document, Transcript Request Doc. 187 filed by David Donchin: 1) AO435 form, box #18 Delivery request date is in the past. ACTION REQUIRED BY THE REQUESTOR: The deficiency must be corrected within one (1) business day of this notice. The requestor must re-file the entire document AO435 Transcript Order form and must indicate a valid delivery timeframe by selecting a category under the First Copy section of Box #18 on the AO435 form. The requestor shall re-file as an AMENDED Transcript Request. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
Filing 187 TRANSCRIPT REQUEST by David Michael Krieg for proceedings held on 9-5-2014, Judge Douglas Rayes hearing judge(s). (Donchin, David) |
Filing 186 *MOTION to Redact Transcript re: New York Life Defendants' Intent to Redact by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) *Modified from Notice on 11/21/2014* (REW). |
Filing 184 NOTICE re: Subpoena Duces Tecum by David Michael Krieg to Custodian of Records, J. Michael Low. (Attachments: #1 Subpoena Duces Tecum, #2 Exhibit)(Donchin, David) |
Filing 183 SERVICE EXECUTED filed by David Michael Krieg: Notice of Service re: Plaintiff's Notice to Take Video Depositions upon William Demlong, Michael LaVelle, Ryan McLaughlin, Michael Obert on November 3, 2014. (Donchin, David) |
Filing 182 NOTICE re: To Take Video Depositions by David Michael Krieg . (Donchin, David) |
Filing 180 *Amended NOTICE of Issuance of Subpoena to COR/Wm. Kelly Sterling/Sterling, Kuder & Co., P.S., filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) *Modified to correct event type on 10/15/2014 (LSP). |
Filing 179 *NOTICE of Issuance of Subpoena to COR/Bruce Popper, Mercury Financial Group, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) *Modified to correct event type on 10/15/2014 (LSP). |
Filing 178 *NOTICE of Issuance of Subpoena to COR/Greg Wimmer, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) *Modified to correct event type on 10/15/2014 (LSP). |
Filing 177 NOTICE of Deposition of COR/Pruco Life Insurance Company, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 176 *NOTICE of Issuance of Subpoena to COR/Christina Urias, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) *Modified to correct event type on 10/15/2014 (LSP). |
Filing 175 NOTICE of Service of Discovery filed by David Michael Krieg. (Attachments: #1 Report of Findings & Opinions of Christina Urias, Esq.)(Donchin, David) |
Filing 174 TRANSCRIPT REQUEST Amended by Schwartz Group for proceedings held on 09-05-2014, Judge Douglas L. Rayes hearing judge(s). (Obert, Michael) |
Filing 173 NOTICE OF DEFICIENCY Pursuant to the Federal Rules of Civil Procedure, and the General Orders, Local Rules, and CM/ECF Administrative Policies and Procedures Manual of this Court, the following deficiency(ies) has been found with the electronically filed document #172 filed by Michael Obert Jr.: 1) Box 18 must be completed to indicate a deadline for requested return of transcript. ACTION REQUIRED BY THE FILER: The deficiency must be corrected within one (1) business day of this notice. Counsel must re-file entire document AO435 Transcript Order form. Counsel shall re-file as an AMENDED Transcript Request. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
Filing 172 TRANSCRIPT REQUEST by Richard Schwartz for proceedings held on 09-05-2014, Judge Douglas L. Rayes hearing judge(s). (Obert, Michael) |
Filing 171 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Demlong, William) |
Filing 170 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 169 ORDER, pursuant to the Parties' #168 Stipulation of Dismissal, all claims by David Michael Krieg against Brielle Cotterman only, shall be dismissed, with prejudice, each party to bear their own attorneys' fees and costs; aAll claims by Brielle Cotterman against New York Life Insurance and Annuity Corporation, New York Life Insurance Company and NYLIFE Securities, LLC shall be dismissed with prejudice, each party to bear their own attorneys' fees and costs; this dismissal is not intended to and shall not affect the rights of any the parties remaining in the litigation or the claims remaining in the litigation; this dismissal shall not compromise or prejudice the New York Life Defendants' ability to raise any non-party defenses under the comparative fault act with respect to any party, including Brielle Cotterman; this matter remains pending as to all other parties and claims. Signed by Judge Douglas L Rayes on 9/18/14. (REW) |
Filing 168 STIPULATION of Dismissal by Brielle Cotterman. (Attachments: #1 Text of Proposed Order on Stipulation for Dismissal)(LaVelle, Michael) Modified on 9/19/2014 (REW). |
Filing 167 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Demlong, William) |
Filing 166 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Dispute Hearing held on 9/5/2014. The Court enters rulings on issues as discussed. (See attachment for details.) (Court Reporter David German.) Hearing held 9:01 AM to 10:23 AM.(MMO) |
Filing 165 NOTICE of Service of Discovery filed by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 164 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 163 MINUTE ORDER: Telephonic Discovery Dispute Hearing set for 9/5/2014 at 9:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. Counsel for plaintiff is responsible for making the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
Filing 162 NOTICE of Service of Discovery filed by Schwartz Group. (Obert, Michael) |
Filing 161 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 160 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 159 ORDER granting #158 Joint Motion and Stipulation to Extend CertainPre-Trial Deadlines. Discovery due by 12/31/2014. Dispositive motions due by 1/30/2015. Signed by Judge Douglas L Rayes on 8/1/2014. (MMO) |
Filing 158 MOTION for Extension of Time To Extend Certain Pre-Trial Deadlines (Second Request as to Expert Deadlines; First Request as to Remaining Deadlines) by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Attachments: #1 Text of Proposed Order)(Wittwer, John) |
Filing 157 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 156 NOTICE of Deposition of Frank Avrett, filed by David Michael Krieg. (Donchin, David) |
Filing 155 Minute Order: NOTICE OF REASSIGNMENT. This matter is reassigned to Judge Douglas L Rayes for all further proceedings. All documents filed in this action should bear the initials DLR as part of the complete case number (see revised case number above). All pending deadlines and hearings are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
Filing 154 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 153 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 152 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 151 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 150 NOTICE of Deposition of Neil Lomax, filed by David Michael Krieg. (Donchin, David) |
Filing 149 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 148 NOTICE re: of Subpoena Duces Tecum to Neil Lomax (For Production Only - No Appearance Required) by David Michael Krieg . (Donchin, David) |
Filing 147 NOTICE of Deposition of Vicki Witt, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 146 NOTICE of Deposition of Brielle Cotterman, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 145 NOTICE of Deposition of John A. Kasel, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 144 NOTICE of Deposition of COR for John A. Kasel, KMS Financial Services, Inc., filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 143 NOTICE of Deposition of Wm. Kelly Sterling, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 142 NOTICE of Deposition of David P. Marshall, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 141 NOTICE of Deposition of Jeff Williams, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 140 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 139 NOTICE of Deposition of Harold Bishop, filed by David Michael Krieg. (Donchin, David) |
Filing 138 NOTICE of Deposition of Custodian of Records, Jeff Williams, Omicron Group, Ltd., filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 137 NOTICE of Deposition of Custodian of Records, Wm. Kelly Sterling/Sterling, Kuder & Co., P.S., filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 136 NOTICE of Deposition of Custodian of Records, David P. Marshall, the Marshall-Amato Group, Robert W. Baird & Co., filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 135 NOTICE of Deposition of of Custodian of Records, Rodd Newhouse, The Mikeska Preschel McBee Group of Wells Fargo Advisors, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 134 NOTICE of Deposition of Custodian of Records, John A. Kasel, KMS Financial Services, Inc., filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 133 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 132 NOTICE of Service of Discovery filed by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 131 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 130 NOTICE of Deposition of Diane Whitaker and continuation of NYL Defs 30(b)(6), filed by David Michael Krieg. (Donchin, David) |
Filing 129 SERVICE EXECUTED : Proof of Service re: Subpoena upon Michael Nealer on 5/6/14. (REW) |
Filing 128 SERVICE EXECUTED : Proof of Service re: Subpoena upon Michael Nealer on 5/6/14. (REW) |
Filing 127 NOTICE re: of Service of Sixth Supplemental Disclosure Statement by NYLife Securities LLC, New York Life Insurance & Annuity Corporation . (Demlong, William) |
Filing 126 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 125 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 124 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 123 NOTICE of Deposition of Michael Nealer; Brent Cotterman; Tom Paul; Harold Bishop; Matt Kodrea; Christopher Chu; 30(b)(6) Representatives of NYL Defs; Tom Nolan, filed by David Michael Krieg. (Donchin, David) |
Filing 122 ORDER granting #121 Motion to Extend Expert Deadlines [see attached Order for details]. Signed by Judge Susan R Bolton on 5/1/14.(MAW) |
Filing 121 MOTION for Extension of Time Expert Deadlines by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Attachments: #1 Text of Proposed Order)(Wittwer, John) |
Filing 120 NOTICE of Service of Discovery filed by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 119 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 118 NOTICE of Deposition of David Michael Krieg, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 117 MINUTE ENTRY for proceedings held before Judge Susan R Bolton: Telephonic Discovery Dispute Hearing held on 4/21/2014 at the request of Defense counsel Wittwer regarding the noticed deposition of non party Neil Lomax. Discussion held. IT IS ORDERED that the deposition may proceed as scheduled. IT IS FURTHER ORDERED that the confidentiality agreement Mr. Lomax entered into does not permit him to refuse to answer questions at the deposition pursuant to the compulsion of a subpoena and is not a breach of his privately negotiated contractual confidentiality agreement. However, the deposition is to be taken pursuant to the protective order entered in this case. The Court will not resolve Plaintiff's counsel's request for Defendant Schwartz's complete personnel file since there has been no personal consultation regarding this matter. (Court Reporter Liz Lemke) Hearing held 10:20 AM to 10:31 AM.(MAW) |
Filing 116 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 115 *ANSWER to Complaint #103 Brielle Cotterman's Cross Claim to Second Amended Compalint by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company.(Demlong, William) *Modified to add filer on 4/22/2014* (REW). |
Filing 114 *ANSWER to #101 Amended Complaint and Answer to #103 Brielle Cotterman's Cross Claim by Scott McClelland, Schwartz Group.(Obert, Michael) *Modified to remove non-filer, and add document number/link on 4/17/2014* (REW). |
Filing 113 ANSWER to #101 Amended Complaint by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC.(Wittwer, John) |
Filing 112 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, New York Life Securities LLC. (Wittwer, John) |
Filing 111 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 110 NOTICE of Deposition of NYLife Securities LLC, filed by David Michael Krieg. (Donchin, David) |
Filing 109 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 108 NOTICE of Deposition of New York Life Insurance Company, filed by David Michael Krieg. (Donchin, David) |
Filing 107 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 106 NOTICE of Deposition of New York Life Insurance and Annuity Corporation, filed by David Michael Krieg. (Donchin, David) |
Filing 105 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 104 NOTICE of Deposition of Michael Nealer, Brent Cotterman, Harold Bishop, Tennis Guyer, Nancy West, Matt Kodrea, Tom Paul, Tom Nolan, Christopher Chu, 30(b)(6) Representative of NYL Defendants, filed by David Michael Krieg. (Donchin, David) |
Filing 103 * ANSWER to #101 Amended Complaint with Jury Demand, and CROSS-CLAIM againsts remaining defendants by Brielle Cotterman.(LaVelle, Michael) *Modified to add Cross-Claim on 4/8/2014* (REW). |
Filing 102 MINUTE ORDER: Telephonic Discovery Dispute Hearing set for 4/21/2014 at 10:15 AM before Judge Susan R Bolton. Counsel are reminded the cell phones and speaker phones are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
Filing 101 AMENDED COMPLAINT against All Defendants filed by David Michael Krieg.(Donchin, David) |
Filing 100 ORDER granting #99 Joint Motion and Stipulation for Filing of Second Amended Complaint and Plaintiff is ordered to file the Second Amended Complaint no later than five days from this date. Signed by Judge Susan R Bolton on 4/2/14.(MAW) |
Filing 99 Joint MOTION to Amend/Correct #55 Amended Complaint by David Michael Krieg. (Attachments: #1 Exhibit 1 - Second Amended Complaint, #2 Exhibit 2 - Proposed Order)(Donchin, David) |
Filing 98 ORDER pursuant to General Order 09-08 granting #96 Motion for Admission Pro Hac Vice; granting #97 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) |
Filing 97 MOTION for Admission Pro Hac Vice as to attorney Jason R Barclay on behalf of Brielle Cotterman. (BAS) |
Filing 96 MOTION for Admission Pro Hac Vice as to attorney Ryan M McLaughlin on behalf of Brielle Cotterman. (BAS) |
Filing 95 NOTICE of Deposition of Rodd Newhouse, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
PRO HAC VICE FEE PAID. $ 100, receipt number PHX143914 as to Ryan M McLaughlin, Jason R Barclay. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 94 NOTICE of Deposition of John Kasel, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 93 NOTICE of Deposition of Jeff Williams, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 92 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 91 ORDER, granting the #87 Motion to Withdraw as Attorney by Christopher S Stake. Signed by Judge Susan R Bolton on 3/4/14.(REW) |
Filing 90 ORDER: On February 28, 2014, Counsel for Defendant/Cross-Claimant Brielle Cotterman filed a Motion for Leave to Withdraw Appearance #87 . IT IS ORDERED that the Motion for Leave to Withdraw Appearance will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Section II(G), specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 3/3/14. (MAW) |
Filing 89 NOTICE of Service of Discovery filed by Richard Schwartz, Schwartz Group. (Lydford, Robert) |
Filing 88 *NOTICE of Appearance by Robert James Lydford on behalf of Scott McClelland, Schwartz Group. (Lydford, Robert) *Modified to correct filers on 2/28/2014* (REW). |
Filing 87 MOTION to Withdraw as Attorney of Christopher Stake by Brielle Cotterman. (Stake, Christopher) |
Filing 86 ORDER pursuant to General Order 09-08 granting #85 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) |
Filing 85 MOTION for Admission Pro Hac Vice as to attorney Christopher S Stake on behalf of Brielle Cotterman. (BAS) |
PRO HAC VICE FEE PAID. $ 50, receipt number PHX143414 as to Christopher S Stake. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 84 *NOTICE of Service of Discovery: Second Supplemental Disclosure Statment and Supplemental Responses to Plaintiff's First Set of Requests for Production of Documents by NYLife Securities LLC, New York Life Insurance & Annuity Corporation. (Demlong, William) *Modified from Notice on 2/18/2014* (REW). |
Filing 83 NOTICE of Deposition of Hartford Life Insurance Company, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 82 NOTICE of Deposition of Genworth Life and Annuity Insurance Company, filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 81 TRANSCRIPT REQUEST by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company for proceedings held on 11/18/2013, Judge Susan R Bolton hearing judge(s).. (Wittwer, John) |
Filing 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 11/18/2013, before Judge Bolton. Court Reporter Elizabeth Lemke. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/27/2014. Redacted Transcript Deadline set for 3/10/2014. Release of Transcript Restriction set for 5/7/2014. (VPB) |
Filing 79 NOTICE of Deposition of Genworth Life and Annuity Ins. Co., filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 78 NOTICE of Deposition of Hartford Life Ins. Co., filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 77 NOTICE re: of Subpoena Duces Tecum to AXA Equitable Life Insurance by David Michael Krieg. (Attachments: #1 Exhibit 1 Subpoena)(Donchin, Venessa) |
Filing 76 NOTICE re: of Subpoena Duces Tecum to Genworth by David Michael Krieg. (Attachments: #1 Exhibit 1 Subpoena)(Donchin, Venessa) |
Filing 75 *NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) *Modified on 1/30/2014; document titled incorrectly* (REW). |
Filing 74 NOTICE of Deposition of Nealer-Cotterman-Bishop-Guyer-West-Kodrea-Paul-Lomax-Nolan-Chu-NYL Corp Rep, filed by David Michael Krieg. (Donchin, David) |
Filing 73 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 72 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 71 NOTICE of Service of Discovery filed by Brielle Cotterman. (LaVelle, Michael) |
Filing 70 TRANSCRIPT REQUEST by David Michael Krieg for proceedings held on November 18, 2013, Judge Susan R Bolton hearing judge(s). (Robinovitch, Hart) |
Filing 69 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 68 * Answer to Brielle Cotterman's Cross Claim #57 by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company.(Wittwer, John) * Modified to correct document linkage on 12/31/2013 (LAD). |
Filing 67 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 66 NOTICE of Service of Discovery filed by Richard Schwartz, Schwartz Group. (Obert, Michael) |
Filing 65 ORDER granting #63 Stipulation for Entry of Protective Order [see attached Order for details]. Signed by Judge Susan R Bolton on 12/13/13. (MAW) |
Filing 64 NOTICE of Service of Discovery filed by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 63 STIPULATION for Entry of Protective Order by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Wittwer, John) |
Filing 62 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 61 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 60 NOTICE of Service of Discovery filed by David Michael Krieg. (Donchin, David) |
Filing 59 ANSWER to #55 Amended Complaint by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company.(Wittwer, John) |
Filing 58 NOTICE of Service of Discovery filed by David Michael Krieg. (Robinovitch, Hart) |
Filing 57 *ANSWER and CROSS-CLAIM to #55 Amended Complaint with Jury Demand by Brielle Cotterman.(LaVelle, Michael) *Modified to add Cross-Claim on 12/5/2013* (REW). |
Filing 56 *ANSWER to #55 Amended Complaint and Answer to Brielle Cotterman's #30 Cross Claim by Schwartz Group, Scott McClelland.(Obert, Michael) *Modified to add filer and document number/link on 12/4/2013* (REW). |
Filing 55 *AMENDED COMPLAINT against All Defendants filed by David Michael Krieg.(Donchin, David) *Modified to add party Scott McClelland on 11/21/2013 (ALS). |
Filing 54 ORDER granting #48 Motion to Amend Complaint. Plaintiff's counsel is directed to file the Amended Complaint within three business days [see attached Order for details]. Signed by Judge Susan R Bolton on 11/19/13.(MAW) |
Filing 53 SCHEDULING ORDER: Discovery due by 9/30/2014. Dispositive motions due by 10/31/2014. Proposed Pretrial Order due by 3/30/2015. Final Pretrial Conference set for 4/6/2015 at 10:30 AM before Judge Susan R Bolton. Jury Trial set for 4/14/2015 at 09:00 AM before Judge Susan R Bolton [see attached Order for details]. Signed by Judge Susan R Bolton on 11/19/13. (MAW) |
Filing 52 NOTICE of Service of Discovery filed by Schwartz Group. (Obert, Michael) |
Filing 51 NOTICE of Service of Discovery filed by David Michael Krieg. (Robinovitch, Hart) |
Filing 50 *NOTICE of Service of Discovery re Initial Rule 26(a)(1) Disclosure Statement by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company . (Wittwer, John) *Modified to correct event type on 11/19/2013 (ALS). |
Filing 49 MINUTE ENTRY for proceedings held before Judge Susan R Bolton: Scheduling Conference held on 11/18/2013. Deadlines discussed and entered. Scheduling Order to follow. A copy of the form of the Joint Proposed Pretrial Order is provided to counsel this date. APPEARANCES: Jennifer Christian, David Donchin, Venessa Donchin, James Larimore and Hart Robinovitch for Plaintiff. William Demlong, John Wittwer, Michael Obert, Jr. and Michael LaVelle for Defendants. (Court Reporter Liz Lemke) Hearing held 1:04 PM to 1:34 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
Filing 48 MOTION to Amend/Correct #1 Complaint by David Michael Krieg. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Proposed Order)(Donchin, David) |
Filing 47 REPORT of Rule 26(f) Planning Meeting by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Wittwer, John) |
Filing 46 NOTICE of Service of Discovery filed by Brielle Cotterman. (LaVelle, Michael) |
Filing 45 *ANSWER to #30 Brielle Cotterman's Cross-Claim by Schwartz Group. (Obert, Michael) *Modified from Claim on 10/7/2013* (REW). |
Filing 44 ANSWER to #30 Answer to Complaint, Crossclaim,, by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company.(Demlong, William) |
Filing 43 Corporate Disclosure Statement by Schwartz Group. (Obert, Michael) |
Filing 42 RESPONSE Defendant's Response to Plaintiff's Request for a Default of a Decedent in the Plaintiff's Status Report by Defendant Schwartz Group. (Obert, Michael) |
Filing 41 ORDER: Scheduling Conference set for 11/18/2013 at 01:00 PM before Judge Susan R Bolton [see attached Order for details]. Signed by Judge Susan R Bolton on 9/20/13. (MAW) |
Filing 40 NOTICE of Attorney Substitution by John Kristian Wittwer. (Wittwer, John) |
Filing 39 STATUS REPORT by David Michael Krieg. (Attachments: #1 Exhibit A & B, #2 Exhibit C, #3 Exhibit D - G, #4 Exhibit G - M)(Robinovitch, Hart) |
Filing 38 NOTICE TO PARTY Schwartz Group OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Schwartz Group. (MAW) |
Filing 37 * ANSWER to #1 Complaint, by Schwartz Group.(Obert, Michael) *Modified to correct document number/link on 9/17/2013 (REW). |
Filing 36 *Suggestion of Death by Schwartz Group, Richard Schwartz. (Obert, Michael) *Modified from Notice, filer added on 9/17/2013* (REW). |
Filing 35 *NOTICE of Appearance by Michael Patrick Obert, Jr on behalf of Schwartz Group, Richard Schwartz. (Obert, Michael) *Modified to add filer on 9/17/2013* (REW). |
Filing 34 ORDER, counsel for Plaintiff shall file a status report within 7 days; this matter will be dismissed as to Defendant Richard Schwartz and the Schwartz Group without further notice within 7 days if counsel fails to file a status report. Signed by Judge Susan R Bolton on 9/12/13. (REW) |
Filing 33 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Susan R. Bolton. All further pleadings/papers should now list the following COMPLETE case number: CV-13-710-PHX-SRB. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
Filing 32 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
Filing 31 Magistrate Election Form Deadline set as to Brielle Cotterman (Attachments: #1 Consent Form)(MAP) |
Filing 30 Defendant Cotterman ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, Richard Schwartz, Schwartz Group by Brielle Cotterman.(LaVelle, Michael) |
Filing 29 SERVICE EXECUTED filed by David Michael Krieg: Declaration of Service re Summons, Complaint, Magistrate Judge Consent Form & Order (Doc 26) by Alternative Methods upon Brielle Cotterman on July 29, 2013. (Robinovitch, Hart) |
Filing 28 SERVICE EXECUTED filed by David Michael Krieg: Declaration of Service re Summons, Complaint, Magistrate Judge Consent Form & Order (Doc 26) by Alternative Methods upon Richard Schwartz on July 29, 2013. (Robinovitch, Hart) |
Filing 27 SERVICE EXECUTED filed by David Michael Krieg: Declaration of Service re Summons, Complaint, Magistrate Consent Form & Order (Doc 26) by Alternative Methods upon The Schwartz Group on July 29, 2013. (Robinovitch, Hart) |
Filing 26 ORDER granting Plaintiff's #24 Motion for Service by Alternative Methods (see order for complete details). Signed by Magistrate Judge David K Duncan on 7/25/13.(REW) |
Filing 25 DECLARATION of Stacy A. Bethea, CP re #24 MOTION Service by Alternative Methods by Plaintiff David Michael Krieg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Robinovitch, Hart) |
Filing 24 MOTION Service by Alternative Methods by David Michael Krieg. (Attachments: #1 Exhibit 1 to Motion, #2 Text of Proposed Order)(Robinovitch, Hart) |
Filing 23 Corporate Disclosure Statement by NYLife Securities LLC. (Demlong, William) |
Filing 22 Corporate Disclosure Statement by New York Life Insurance Company. (Demlong, William) |
Filing 21 Corporate Disclosure Statement by New York Life Insurance & Annuity Corporation. (Demlong, William) |
Filing 20 ANSWER to #1 Complaint by NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company.(Demlong, William) |
Filing 19 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
Filing 18 ORDER pursuant to General Order 09-08 granting #13 Motion for Admission Pro Hac Vice; granting #14 Motion for Admission Pro Hac Vice; granting #15 Motion for Admission Pro Hac Vice; granting #17 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) |
Filing 17 MOTION for Admission Pro Hac Vice as to attorney David B Donchin on behalf of David Michael Krieg. (BAS) |
Filing 16 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
Filing 15 MOTION for Admission Pro Hac Vice as to attorney Jennifer K Christian on behalf of David Michael Krieg. (BAS) |
Filing 14 MOTION for Admission Pro Hac Vice as to attorney Venessa Bentwood Donchin on behalf of David Michael Krieg. (BAS) |
Filing 13 MOTION for Admission Pro Hac Vice as to attorney James K Larimore on behalf of David Michael Krieg. (BAS) |
Filing 12 ORDER granting #9 Stipulation For Extension of Time To Answer Complaint. ORDERED NYLife Securities LLC, New York Life Insurance & Annuity Corporation, and New York Life Insurance Company shall have until 6/3/13 to Answer Plaintiff's Complaint. Signed by Magistrate Judge David K Duncan on 5/8/13. (MAP) |
PRO HAC VICE FEE PAID. $ 50, receipt number PHX133860 as to Jennifer K Christian. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
PRO HAC VICE FEE PAID. $ 50, receipt number PHX133862 as to James K Larimore. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
PRO HAC VICE FEE PAID. $ 50, receipt number PHX133859 as to David B Donchin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
PRO HAC VICE FEE PAID. $ 50, receipt number PHX133861 as to Venessa Bentwood Donchin. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 11 Magistrate Election Form Deadline set as to NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Attachments: #1 Consent Form)(MAP) |
Filing 10 SUMMONS Returned Executed by David Michael Krieg. New York Life Insurance Company served on 4/25/2013. (Robinovitch, Hart) |
Filing 9 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT . (Attachments: #1 Text of Proposed Order)(Heidemann, Aeryn) |
Filing 8 NOTICE of Appearance by Aeryn Alena Heidemann on behalf of NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company. (Heidemann, Aeryn) |
Filing 7 Ordered that David Michael Krieg show cause for failure to comply with LRCiv 3.7(b) before Chief Judge Roslyn O Silver. Show Cause Hearing set for 5/23/2013 at 10:00 AM before Chief Judge Roslyn O Silver. (Attachments: #1 Instructions, #2 Consent Form)(MAP) |
Filing 6 SUMMONS Returned Executed by David Michael Krieg. NYLife Securities LLC served on 4/10/2013. (Robinovitch, Hart) |
Filing 5 SUMMONS Returned Executed by David Michael Krieg. New York Life Insurance & Annuity Corporation served on 4/10/2013. (Robinovitch, Hart) |
Filing 4 Summons Issued as to Brielle Cotterman, NYLife Securities LLC, New York Life Insurance & Annuity Corporation, New York Life Insurance Company, Richard Schwartz, Schwartz Group. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
Filing 3 Filing fee paid, receipt number PHX 0970-7993362. This case has been assigned to the Honorable David K. Duncan. All future pleadings or documents should bear the correct case number: CV-13-00710-PHX-DKD. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form)(REK) |
Filing 2 SUMMONS Submitted by David Michael Krieg. (submitted by Hart Robinovitch) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(REK) |
Filing 1 COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-7993362, filed by David Michael Krieg. (submitted by Hart Robinovitch) (Attachments: #1 Certificate of Record)(REK) |
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