United of Omaha Life Insurance Company v. KellySue M. Kaplan et al
| United of Omaha Life Insurance Company |
| Austin T. Sandel, Bradley T. Kaplan, Alexandria J. Sandel, Blake A. Kaplan, Brett M. Kaplan, KellySue M. Kaplan and DOES 1 through 10, persons or entities unknown |
| 2:2018cv03228 |
| April 17, 2018 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Percy Anderson |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on March 14, 2019. A more recent docket listing may be available from PACER.
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Filing 59
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The parties involved in this interpleader action have entered into a settlement agreement and the Court, on February 28, 2019, ordered the funds previously deposited with the Clerk to be disbursed. The Court therefore vacates all pending pretrial and trial dates and dismisses this action. (Made JS-6. Case Terminated.) (mrgo)
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Filing 58
TEXT ONLY ENTRY ORDER (IN CHAMBERS) by Judge Percy Anderson: On the Court's own motion, the FINAL PRETRIAL CONFERENCE, set for hearing on 3/15/2019, at 1:30 PM, is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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Filing 57
ORDER FOR DISBURSEMENT OF FUNDS ON DEPOSIT by Judge Percy Anderson, re Stipulation for Disbursement of Funds, #56 . IT IS SO ORDERED THAT the Clerk of the Court shall disburse the net funds plus any accrued interest on account pursuant to the Court's Judgment of Interpleader to "the IOLTA of the Law Offices of Victor M. Bartholetti" to be held in trust for the parties and to be disbursed from that account per the settlement agreement executed by the parties. (mrgo)
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| Filing 56 Joint STIPULATION for Disbursement of Funds to IOLTA Account of Law Offices of Victor M. Bartholetti filed by Defendant and Cross-Claimant Blake A. Kaplan. (Attachments: #1 Proposed Order Re Disbursement of Deposited Funds)(Bartholetti, Victor) |
| Filing 55 STATUS REPORT (Joint) filed by Cross Claimant Blake A. Kaplan. (Bartholetti, Victor) |
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Filing 54
ORDER DENYING DISBURSEMENT OF FUNDS ON DEPOSIT by Judge Percy Anderson, re Stipulation for Disbursement of Funds #53 . (mrgo)
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| Filing 53 STIPULATION for Disbursement of Funds to IOLTA (Client Trust) Account for Law Offices of Victor M. Bartholetti filed by Defendant and Cross-claimant Blake A. Kaplan.(Bartholetti, Victor) |
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Filing 52
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson re: Status Report #51 . The Court has been advised by counsel that this matter has settled. The parties have thirty (30) days from the date of this order or until the next scheduled court appearance, whichever is shorter, to file with the court a dismissal of the action or to appear, in-person or telephonically with their clients, to place the settlement on the record. (mrgo)
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| Filing 51 STATUS REPORT (Joint) filed by Defendant Blake A. Kaplan. (Bartholetti, Victor) |
| Filing 50 NOTICE of Change of other firm name or address information by Victor M Bartholetti attorney for Defendant Blake A. Kaplan. Filed by Defendant Blake A. Kaplan. (Bartholetti, Victor) |
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Filing 49
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has reviewed the parties' nominees to serve as the mediator. The Court has selected the Hon. James A. Steele, Ret., to act as the mediator in this action. (mrgo)
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| Filing 48 NOTICE of Deposit of Interpleader Funds filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. (Attachments: #1 Exhibit "A")(Ganji, Chakameh) |
| Filing 47 Intial DISCLOSURE of FRCP 26 (a) filed by Cross Claimant Blake A. Kaplan (Bartholetti, Victor) |
| Filing 46 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Cross Claimant Blake A. Kaplan(Bartholetti, Victor) |
| Filing 45 INITIAL DISCLOSURES PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 26(a) DISCLOSURE filed by Cross Defendants KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel, Defendants KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel (Malczynski, Matthew) |
| Filing 44 REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Cross Defendants KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel, Defendants KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel(Malczynski, Matthew) |
| Filing 43 JUDGMENT IN INTERPLEADER by Judge Percy Anderson, Related to: Order on Motion for Default Judgment, Order on Motion for Attorney Fees, Order on Motion to Deposit Funds, Order on Motion for Permanent Injunction, Order on Motion for Discharge, Order on Motion to Dismiss Party, #42 . IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. United of Omaha shall, by no later than November 13, 2018, deposit the proceeds of the life insurance policy number UA9362031 (the "Policy") it issued to decedent Scott Kaplan ("Decedent"), plus applicable interest, with the Clerk of the Court. (See document for details) (mrgo) |
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Filing 42
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #36 MOTION for Default Judgment, Recovery of Attorneys' Fees, Leave to Deposit Funds, Permanent Injunction, Discharge of Liability, and Dismissal. For all of the foregoing reasons, the Court grant's United of Omaha's Motion for Release and Discharge but denies United of Omahas request for an award of attorneys' fees and costs. The Court will issue a Judgment in Interpleader in favor of United of Omaha. (See document for details) (mrgo)
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Filing 41
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. ( iscovery cut-off 2/11/2019. Motions due by 2/25/2019. Bench Trial set for 4/23/2019 at 09:00 AM before Judge Percy Anderson. Final Pretrial Conference set for 3/15/2019 at 01:30 PM before Judge Percy Anderson.) (mrgo)
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Filing 40
ORDER/REFERRAL to ADR Procedure No 3 by Judge Percy Anderson. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than March 4, 2019. (mrgo)
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| Filing 39 MINUTES OF SCHEDULING CONFERENCE held before Judge Percy Anderson. Schedule of Trial and Pretrial Dates attached. Amended Pleadings due by 1/7/2019. Discovery cut-off 2/11/2019. Motions in Limine to be filed by 3/15/2019. Motions due by 2/25/2019. Proposed Pretrial Order due by 3/1/2019. Last date to conduct settlement conference is 3/4/2019. Status Conference continued to 1/7/2019 at 01:30 PM before Judge Percy Anderson. Final Pretrial Conference set for 3/15/2019 at 01:30 PM before Judge Percy Anderson. Bench Trial set for 4/23/2019 at 09:00 AM before Judge Percy Anderson. Status Report due by 1/2/2019. Court Reporter: Phyllis Preston. (mrgo) |
| Filing 38 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Default Judgment against Defendants-in Interpleader Brett M. Kaplan and Bradley T. Kaplan NOTICE OF MOTION AND MOTION for Attorney Fees and Costs NOTICE OF MOTION AND MOTION to Deposit Funds NOTICE OF MOTION AND MOTION for Permanent Injunction NOTICE OF MOTION AND MOTION for Discharge Liability NOTICE OF MOTION AND MOTION to Dismiss Plaintiff-in-Interpleader United of Omaha Life Insurance Company With Prejudice #36 Notice of Apparent Non-Opposition to United of Omaha's Motion for Default Judgments and Related Ancillary Relief filed by Plaintiff United of Omaha Life Insurance Company. (Ganji, Chakameh) |
| Filing 37 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Cross Defendants KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel, Defendants KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel.. (Malczynski, Matthew) |
| Filing 36 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants-in Interpleader Brett M. Kaplan and Bradley T. Kaplan, NOTICE OF MOTION AND MOTION for Attorney Fees and Costs, NOTICE OF MOTION AND MOTION to Deposit Funds , NOTICE OF MOTION AND MOTION for Permanent Injunction , NOTICE OF MOTION AND MOTION for Discharge Liability, NOTICE OF MOTION AND MOTION to Dismiss Plaintiff-in-Interpleader United of Omaha Life Insurance Company With Prejudice filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. Motion set for hearing on 10/22/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Chakameh Ganji, #3 Exhibit A - E to Declaration of Chakameh Ganji, #4 Proposed Default Judgment, #5 Proposed Order) (Ganji, Chakameh) |
| Filing 35 Certification and Notice of Interested Parties filed by Defendants-in-Interpleader/Cross Defendants KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel, (Malczynski, Matthew) |
| Filing 34 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Crossclaim,, Answer to Complaint (Attorney Civil Case Opening), #32 by Clerk of Court. The document is accepted as filed. Counsel are ordered to file their Notice of Interested Parties forthwith. See Local Rule 7.1-1. (mrgo) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Crossclaim,, Answer to Complaint (Attorney Civil Case Opening), #32 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) |
| Filing 32 ANSWER to Complaint (Attorney Civil Case Opening), #1 , ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Crossclaim, #23 filed by Defendants-in-Interpleader And Cross Defendants KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel.(Malczynski, Matthew) |
| Filing 31 CERTIFICATE OF SERVICE filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company, upon Bradley Kaplan and Brett Kaplan by U.S. Mail served on August 21, 2018. (Ganji, Chakameh) |
| Filing 30 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Bradley T. Kaplan an individual, Brett M. Kaplan an individual. (mrgo) |
| Filing 29 CERTIFICATE OF SERVICE filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company, re Order, Set/Reset Hearing #26 served on August 20, 2018. (Ganji, Chakameh) |
| Filing 28 REQUEST for Clerk to Enter Default against Defendant-in-Interpleader Bradley T. Kaplan filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. (Attachments: #1 Declaration of Chakameh Ganji in Support of Request for Default, #2 Exhibit "A" to Declaration of Chakameh Gangi, #3 Exhibit "B" to Declaration of Chakameh Ganji) (Ganji, Chakameh) |
| Filing 27 REQUEST for Clerk to Enter Default against Defendant-in-Interpleader Brett M. Kaplan filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. (Attachments: #1 Declaration of Chakameh Ganji in Support of Request for Default, #2 Exhibit "A" to Declaration of Chakameh Gangi) (Ganji, Chakameh) |
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Filing 26
SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 10/15/2018 at 10:30 AM before Judge Percy Anderson.) (mrgo)
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| Filing 25 NOTICE of Interested Parties filed by Defendant and Cross-claimant Blake A. Kaplan, (Bartholetti, Victor) |
| Filing 24 NOTICE of Appearance filed by attorney Victor M Bartholetti on behalf of Defendant Blake A. Kaplan, Cross Claimant Blake A. Kaplan (Bartholetti, Victor) |
| Filing 23 ANSWER to Complaint (Attorney Civil Case Opening), #1 Affirmative Defenses, CROSSCLAIM against DOES, Bradley T. Kaplan, Brett M. Kaplan, KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel filed by Defendant and Cross-Claimant Blake A. Kaplan. (Attachments: #1 Exhibit Exhibit 1 to BKaplan Answer and Cross-claim)(Attorney Victor M Bartholetti added to party Blake A. Kaplan(pty:dft))(Bartholetti, Victor) |
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Filing 22
ORDER ON JOINT STIPULATION OF UNITED OF OMAHA LIFE INSURANCE COMPANY, KELLYSUE M. KAPLAN, ALEXANDRIA J. SANDEL, and AUSTIN T. SANDEL TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT by Judge Percy Anderson re Stipulation to Extend Time to Answer (More than 30 days), #21 . Defendants' answers due 9/7/2018. (mrgo)
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| Filing 21 Joint STIPULATION for Extension of Time to File Answer to September 7, 2018 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants-in-Interpleader KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel. (Attachments: #1 Proposed Order)(Attorney Matthew P Malczynski added to party Alexandria J. Sandel(pty:dft), Attorney Matthew P Malczynski added to party Austin T. Sandel(pty:dft))(Malczynski, Matthew) |
| Filing 20 Joint STIPULATION Extending Time to Answer the complaint as to KellySue M. Kaplan answer now due 8/8/2018; Alexandria J. Sandel answer now due 8/8/2018; Austin T. Sandel answer now due 8/22/2018, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants-in-Interpleader KellySue M. Kaplan.(Attorney Matthew P Malczynski added to party KellySue M. Kaplan(pty:dft))(Malczynski, Matthew) |
| Filing 19 PROOF OF SERVICE Executed by Defendant United of Omaha Life Insurance Company, upon Plaintiff Austin T. Sandel served on 7/1/2018, answer due 7/23/2018. Service of the Summons and Complaint were executed upon Austin T. Sandel. an individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Ganji, Chakameh) |
| Filing 18 STIPULATION Extending Time to Answer the complaint as to Blake A. Kaplan answer now due 7/25/2018; Bradley T. Kaplan answer now due 7/25/2018, re Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company.(Ganji, Chakameh) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff United of Omaha Life Insurance Company, upon Defendant Brett M. Kaplan served on 6/13/2018, answer due 7/5/2018. Service of the Summons and Complaint were executed upon Brett M. Kaplan, an individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Ganji, Chakameh) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff United of Omaha Life Insurance Company, upon Defendant Alexandria J. Sandel served on 6/17/2018, answer due 7/9/2018. Service of the Summons and Complaint were executed upon Alexandria J. Sandel, an individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Ganji, Chakameh) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Plaintiff in Interpleader United of Omaha Life Insurance Company. upon Bradley T. Kaplan waiver sent by Plaintiff on 4/26/2018, answer due 6/25/2018. Waiver of Service signed by Stanley F. Kaplan. (Ganji, Chakameh) |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. upon Blake A. Kaplan waiver sent by Plaintiff on 4/26/2018, answer due 6/25/2018. Waiver of Service signed by Victor M. Bartholetti. (Ganji, Chakameh) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. upon KellySue M. Kaplan waiver sent by Plaintiff on 5/8/2018, answer due 7/9/2018. Waiver of Service signed by Matthew P. Malczynski. (Ganji, Chakameh) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Martin E Rosen counsel for Plaintiff United of Omaha Life Insurance Company. Adding Martin E. Rosen as counsel of record for Plaintiff-in-Interpleader United of Omaha Life Insurance Company for the reason indicated in the G-123 Notice. Filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. (Rosen, Martin) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendants Blake A. Kaplan, Bradley T. Kaplan, Brett M. Kaplan, KellySue M. Kaplan, Alexandria J. Sandel, Austin T. Sandel. (mrgo) |
| Filing 10 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff in Interpleader United of Omaha Life Insurance Company. (Ganji, Chakameh) |
| Filing 9 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #7 . The following error(s) was found: The caption does not match the complaint regarding defendant Brett M. Kaplan. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (mrgo) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. (Ganji, Chakameh) |
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Filing 8
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Paul L. Abrams. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company, (Ganji, Chakameh) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff United of Omaha Life Insurance Company (Ganji, Chakameh) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff United of Omaha Life Insurance Company. (Ganji, Chakameh) |
| Filing 1 COMPLAINT Receipt No: 0973-21604354 - Fee: $400, filed by Plaintiff-in-Interpleader United of Omaha Life Insurance Company. (Attachments: #1 Exhibit A - H) (Attorney Chakameh Ganji added to party United of Omaha Life Insurance Company(pty:pla))(Ganji, Chakameh) |
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