EFG Bank AG, Cayman Branch et al v. The Lincoln National Life Insurance Company
| EFG Bank AG, Cayman Branch, DLP Master Trust II, Palm Beach Settlement Company, GWG DLP Master Trust, Greenwich Settlements Master Trust, DLP Master Trust III and DLP Master Trust |
| The Lincoln National Life Insurance Company |
| 2:2017cv00817 |
| February 1, 2017 |
| US District Court for the Central District of California |
| Karen L Stevenson |
| John F Walter |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 43
MINUTES (IN CHAMBERS): ORDER GRANTING Defendant Motion to Transfer Venue #21 ; and ORDER DENYING Defendant's Motion to Dismiss With Respect to the Wisconsin Policy #23 by Judge John F. Walter: Defendant's Motion to Transfer is GRANTED. This action is hereby TRANSFERRED to the United States District Court for the Eastern District of Pennsylvania. Defendant's Motion to Dismiss is DENIED without prejudice to re-filing in the United States District Court for the Eastern District of Pennsylvania. (MD JS-6. Case Terminated.) Case transferred electronically. (jp)
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| Filing 42 Effective June 8, 2017, Judge Stevenson will be located at the Edward R. Roybal Federal Building, Suite 8100, on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 570 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 41 NOTICE OF LODGING filed [Proposed] Statement of Decision Denying re NOTICE OF MOTION AND MOTION to Change Venue to Eastern District of Pennsylvania #21 (Attachments: #1 [Proposed] Statement of Decision)(LeQuang, Khai) |
| Filing 40 NOTICE OF LODGING filed of [Proposed] Statement of Decision Denying re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction with Respect to the Wisconsin Policy #23 (Attachments: #1 Proposed Statement of Decision)(LeQuang, Khai) |
| Filing 39 NOTICE OF LODGING filed of Proposed Statement of Decision re NOTICE OF MOTION AND MOTION to Change Venue to Eastern District of Pennsylvania #21 (Attachments: #1 Proposed Statement of Decision)(Marks, Jerry) |
| Filing 38 NOTICE OF LODGING filed of Proposed Statement of Decision re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction with Respect to the Wisconsin Policy #23 (Attachments: #1 Proposed Statement of Decision)(Marks, Jerry) |
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Filing 37
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John F. Walter: granting #33 Non-Resident Attorney Stacey J Rappaport APPLICATION to Appear Pro Hac Vice on behalf of The Lincoln National Life Insurance Company, designating Jerry L Marks as local counsel. (jp)
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| Filing 36 DECLARATION of Gina Boulton in Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction with Respect to the Wisconsin Policy #23 filed by Defendant The Lincoln National Life Insurance Company. (Attachments: #1 Exhibit A)(Marks, Jerry) |
| Filing 35 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction with Respect to the Wisconsin Policy #23 filed by Defendant The Lincoln National Life Insurance Company. (Marks, Jerry) |
| Filing 34 REPLY in support NOTICE OF MOTION AND MOTION to Change Venue to Eastern District of Pennsylvania #21 filed by Defendant The Lincoln National Life Insurance Company. (Marks, Jerry) |
| Filing 33 APPLICATION of Non-Resident Attorney Stacey J. Rappaport to Appear Pro Hac Vice on behalf of Defendant The Lincoln National Life Insurance Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19913034) filed by defendant The Lincoln Nation al Life Insurance Company. (Attachments: #1 Proposed Order, #2 Cert. of Good Standing, #3 Cert. of Good Standing) (Marks, Jerry) |
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Filing 32
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John F. Walter: granting #31 Non-Resident Attorney Michael L. Hirschfeld APPLICATION to Appear Pro Hac Vice on behalf of Defendant Lincoln National Life Insurance Company, designating Jerry L. Marks as local counsel. (lt)
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| Filing 31 APPLICATION of Non-Resident Attorney Michael L. Hirschfeld to Appear Pro Hac Vice on behalf of Defendant The Lincoln National Life Insurance Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19878873) filed by Defendant The Lincoln Nati onal Life Insurance Company. (Attachments: #1 Proposed Order, #2 Cert. of Good Standing) (Marks, Jerry) |
| Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction with Respect to the Wisconsin Policy #23 filed by Plaintiffs DLP Master Trust, DLP Master Trust II, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust. (Attachments: #1 Declaration Khai LeQuang, #2 Exhibit A and B)(LeQuang, Khai) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Change Venue to Eastern District of Pennsylvania #21 filed by Plaintiffs DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust. (Attachments: #1 Declaration Khai LeQuang, #2 Exhibit A-K)(LeQuang, Khai) |
| Filing 28 DECLARATION of Jerry L. Marks LEAD COUNSEL RE COMPLIANCE WITH LOCAL RULES GOVERNING ELECTRONIC FILING filed by Defendant The Lincoln National Life Insurance Company. (Marks, Jerry) |
| Filing 27 CORPORATE DISCLOSURE STATEMENT filed by Defendant The Lincoln National Life Insurance Company identifying Lincoln National Corporation as Corporate Parent. (Marks, Jerry) |
| Filing 26 NOTICE of Interested Parties filed by defendant The Lincoln National Life Insurance Company, identifying Lincoln National Corporation; EFG Bank AG, Cayman Branch; Wells Fargo Bank, N.A.; DLP Master Trust; DLP Master Trust II; GWG DLP Master Trust; Greenwich Settlements Master Trust. (Marks, Jerry) |
| Filing 25 DECLARATION of Beth Desmonds in support of NOTICE OF MOTION AND MOTION to Change Venue to Eastern District of Pennsylvania #21 filed by Defendant The Lincoln National Life Insurance Company. (Marks, Jerry) |
| Filing 24 DECLARATION in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction with Respect to the Wisconsin Policy #23 filed by Defendant The Lincoln National Life Insurance Company. (Marks, Jerry) |
| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction with Respect to the Wisconsin Policy filed by defendant The Lincoln National Life Insurance Company. Motion set for hearing on 6/12/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order Proposed Order) (Marks, Jerry) |
| Filing 22 DECLARATION of Stacey J. Rappaport support NOTICE OF MOTION AND MOTION to Change Venue to Eastern District of Pennsylvania #21 filed by Defendant The Lincoln National Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Marks, Jerry) |
| Filing 21 NOTICE OF MOTION AND MOTION to Change Venue to Eastern District of Pennsylvania filed by defendant The Lincoln National Life Insurance Company. Motion set for hearing on 6/12/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order Proposed Order) (Marks, Jerry) |
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Filing 20
ORDER GRANTING Stipulation Setting 91) Briefing Schedule for Defendant Motion to Transfer and (2) Deadline for Response to Plaintiffs First Amended Complaint #19 by Judge John F. Walter as follows (1) Lincoln shall file its Motion to Transfer and any motion to dismiss for lack of personal jurisdiction or improper venue on or before 5/8/2017. (2) Plaintiffs shall file their Opposition to Lincolns Motion to Transfer and any motion to dismiss for lack of personal jurisdiction or improper venue on or before 5/18/2017. (3) Lincoln shall file its Reply in further support of its Motion to Transfer and any motion to dismiss for lack of personal jurisdiction or improper venue on or before 5/26/2017. (4) The hearing date on Lincoln Motion to Transfer Venue and any motion to dismiss for lack of personal jurisdiction or improper venue shall be 6/12/2017. The time for Lincoln to answer or otherwise move against the First Amended Complaint shall be extended from 4/24/2017 to 6/26/2017. (jp)
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| Filing 19 STIPULATION for Order Granting The Parties Stipulation Setting (1) Briefing Schedule For Defendants Motion To Transfer and (2) Deadline For Response To Plaintiffs First Amended Complaint filed by Defendant The Lincoln National Life Insurance Company. (Attachments: #1 Proposed Order)(Attorney Jerry L Marks added to party The Lincoln National Life Insurance Company(pty:dft))(Marks, Jerry) |
| Filing 18 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Greenwich Settlements Master Trust, DLP Master Trust II, Palm Beach Settlement Company, DLP Master Trust, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, upon Defendant The Lincoln National Life Insurance Company served on 4/3/2017, answer due 4/24/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (LeQuang, Khai) |
| Filing 17 21 DAY Summons Issued re First Amended Complaint #14 as to defendant The Lincoln National Life Insurance Company. (jp) |
| Filing 16 NOTICE Rule 7.1-1 Notice of Interested Parties filed by Plaintiff DLP Master Trust, DLP Master Trust II, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust. (LeQuang, Khai) |
| Filing 15 Request for Clerk to Issue Summons on Amended Complaint/Petition, #14 filed by Plaintiff DLP Master Trust, DLP Master Trust II, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust. (LeQuang, Khai) |
| Filing 14 FIRST AMENDED COMPLAINT against Defendant The Lincoln National Life Insurance Company amending Complaint (Attorney Civil Case Opening),,, #1 , filed by Plaintiff Greenwich Settlements Master Trust, DLP Master Trust II, DLP Master Trust, EFG Bank AG, Cayman Branch, GWG DLP Master Trust (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(LeQuang, Khai) |
| Filing 13 NOTICE of Appearance filed by attorney Geoffrey G Moss on behalf of Plaintiffs DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Palm Beach Settlement Company (Attorney Geoffrey G Moss added to party DLP Master Trust(pty:pla), Attorney Geoffrey G Moss added to party DLP Master Trust II(pty:pla), Attorney Geoffrey G Moss added to party DLP Master Trust III(pty:pla), Attorney Geoffrey G Moss added to party EFG Bank AG, Cayman Branch(pty:pla), Attorney Geoffrey G Moss added to party GWG DLP Master Trust(pty:pla), Attorney Geoffrey G Moss added to party Greenwich Settlements Master Trust(pty:pla), Attorney Geoffrey G Moss added to party Palm Beach Settlement Company(pty:pla))(Moss, Geoffrey) |
| Filing 12 DECLARATION of KHAI LEQUANG LEAD COUNSEL RE COMPLIANCE WITH LOCAL RULES GOVERNING ELECTRONIC FILING filed by Plaintiffs DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Palm Beach Settlement Company. (LeQuang, Khai) |
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Filing 11
STANDING ORDER by Judge John F. Walter. (cw)
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05 (Related Case) filed. Transfer of case declined by Judge Christina A. Snyder, for the reasons set forth on this order. Related Case No. 2:15-cv-03238 CAS (AJWx) (esa)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant The Lincoln National Life Insurance Company. (et) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Karen L. Stevenson. (et) |
| Filing 6 NOTICE of Pendency of Other Actions or Proceedings Pursuant to L.R. 83-1.4 filed by Plaintiffs DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Palm Beach Settlement Company. (LeQuang, Khai) |
| Filing 5 NOTICE of Related Case(s) filed by Plaintiffs DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Palm Beach Settlement Company. Related Case(s): 2:15-cv-03238-CAS-AJW, 2:16-cv-01378-CAS-AJW, 2:16-cv-08103-DSF-RAO, 2:16-cv-08104-DSF-GJS (LeQuang, Khai) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Plaintiffs DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Palm Beach Settlement Company, identifying EFG Bank AG, Cayman Branch, EFG International, Wells Fargo Bank, Natl Assoc., DLP Master Trust, EAA DLP I LLP, DLP Master Trust II, EAA DLP II LLP, DLP Master Trust III, EAA DLP III LLP, GWG DLP Master Trust, EAA LAT II LLP, Greenwich Settlements Master Trust, EAA Greenwich LLP, Palm Beach Settlement Company, EAA Triskele LLP, LS EAA Holdings, LLC, Erste EAA-Beteiligungs GmbH, The Lincoln National Life Insurance Company. (LeQuang, Khai) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #1 filed by Plaintiffs DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Palm Beach Settlement Company. (LeQuang, Khai) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs DLP Master Trust, DLP Master Trust II, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust, Greenwich Settlements Master Trust, Palm Beach Settlement Company. (LeQuang, Khai) |
| Filing 1 COMPLAINT Receipt No: 0973-19291099 - Fee: $400, filed by Plaintiffs Greenwich Settlements Master Trust, DLP Master Trust II, Palm Beach Settlement Company, DLP Master Trust, DLP Master Trust III, EFG Bank AG, Cayman Branch, GWG DLP Master Trust. (Attachments: #1 Exhibit 1 to Complaint, #2 Exhibit 2 to Complaint, #3 Exhibit 3 to Complaint, #4 Exhibit 4 to Complaint, #5 Exhibit 5 to Complaint, #6 Exhibit 6 to Complaint, #7 Exhibit 7 to Complaint) (Attorney Khai LeQuang added to party DLP Master Trust(pty:pla), Attorney Khai LeQuang added to party DLP Master Trust II(pty:pla), Attorney Khai LeQuang added to party DLP Master Trust III(pty:pla), Attorney Khai LeQuang added to party EFG Bank AG, Cayman Branch(pty:pla), Attorney Khai LeQuang added to party GWG DLP Master Trust(pty:pla), Attorney Khai LeQuang added to party Greenwich Settlements Master Trust(pty:pla), Attorney Khai LeQuang added to party Palm Beach Settlement Company(pty:pla))(LeQuang, Khai) |
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