Primerica Life Insurance Company v. Cassie et al
| Primerica Life Insurance Company |
| Annie Cassie, David Martin, Patrick Williams, P.L.Fry & Son Chapel Funeral Home, Ryan Martin, Shandria Bogle, P. B., Q. B.1., Q. B.2., T. M. and Carriage Funeral Services of California, Inc. Doing business as P.L. Fry & Son Chapel Funeral Home |
| 2:2012cv01570 |
| June 11, 2012 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K Delaney |
| William B Shubb |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on May 31, 2013. A more recent docket listing may be available from PACER.
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Filing 72
ORDER signed by Senior Judge William B. Shubb on 5/31/2013 GRANTING #71 Amended Stipulation Regarding the Distribution of Funds and Dismissal of Action. (cc: Financial) (Zignago, K.)
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| SERVICE BY MAIL: #72 Order served on Karen Satterly Bensch. (Zignago, K.) |
| Filing 71 STIPULATION -- Amended Stipulation Regarding Distribution of Funds and Dismissal of Action by Primerica Life Insurance Company. (Attachments: #1 Proposed Order)(Murray, Misty) |
| Filing 70 MINUTE ORDER (TEXT ONLY): Pursuant to the #69 ORDER granting in part and denying in part #54 MOTION FOR COURT APPROVAL OF MINORS' COMPROMISES, the 4/22/2013 hearing date and the 4/29/2013 scheduling conference are VACATED. (Kirksey Smith, K) |
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Filing 69
ORDER granting in part and denying in part #54 MOTION FOR COURT APPROVAL OF MINORS' COMPROMISES signed by Senior Judge William B. Shubb on 4/18/13. (Kaminski, H)
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| SERVICE BY MAIL: #69 Order, served on Karen Satterly Bensch. (Kaminski, H) |
| SERVICE BY MAIL: 70 Minute Order Vacating Dates, served on Karen Satterly Bensch. (Kirksey Smith, K) |
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Filing 68
ORDER signed by Senior Judge William B. Shubb on 4/17/13 GRANTING Ms. Bodiford's request to appear telephonically at the 4/29/13 status conference. (cc: IT) (Manzer, C)
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Filing 67
ORDER signed by Senior Judge William B. Shubb on 4/17/13 GRANTING Mr. Balestracci's request to appear telephonically at the 4/29/13 hearing. (cc: IT) (Manzer, C)
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| Filing 66 REQUEST FOR TELEPHONIC APPEARANCE at the Motion to Approve Minor's Compromise by Annie Cassie, David Martin. (Attachments: #1 Proposed Order)(Balestracci, Paul) Modified on 4/17/2013 (Becknal, R). |
| Filing 65 RESPONSE of Defendants in Interpleader, Ryan Martin and Shandria Bogle, to the Court's 3/21/13 Order. (Attachments: #1 Declaration of Felicia Morrison re attorney's fees )(Morrison, Felicia) Modified on 4/9/2013 (Kastilahn, A). |
| Filing 64 DECLARATION of Karen S. Bensch re #63 Response. (Balestracci, Paul) |
| Filing 63 RESPONSE by Annie Cassie, David Martin to #60 Order. (Balestracci, Paul) Modified on 4/3/2013 (Meuleman, A). |
| Filing 62 RESPONSE by Primerica Life Insurance Company to Court's 3/21/2013 #60 Order. (Murray, Misty) Modified on 3/29/2013 (Marciel, M) |
| Filing 61 REQUEST for TELEPHONIC APPEARANCE at the Scheduling Conference set for 4/29/2013 at 2:00 PM by Annie Cassie, David Martin. (Attachments: #1 Proposed Order) (Balestracci, Paul) Modified on 3/22/2013 (Michel, G). |
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Filing 60
ORDER signed by Senior Judge William B. Shubb on 3/20/13. Before ruling on #54 Petition for Court Approval, the court requires additional documentation regarding the attorney's fees to be distributed pursuant to the Settlement and Release Agreement to Primerica's counsel, Felicia Morrison, and Neumiller & Beardslee. Documentation of the kind listed in Eastern District Local Rule 293(c) would be of assistance to the court. Alternatively, should Primerica's counsel, Felicia Morrison, and Neumiller & Beardslee agree to each reduce their fees by one-third, the court would require no additional information. To allow for a response to the court's request, the hearing on this matter is hereby CONTINUED until 4/22/13 at 2:00 p.m. Within 14 days of this Order, counsel for Shandria Bogle and Ryan Martin, Felicia Morrison, shall either file the requested information or notify the court that all counsel agree to reduce their fees by one-third. (Meuleman, A) Modified on 4/2/2013 (Kirksey Smith, K).
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| SERVICE BY MAIL: #60 Order served on Karen Satterly Bensch. (Meuleman, A) |
| Filing 59 REQUEST for Permission to Telephonically Attend Status Conference by Carriage Funeral Services of California, Inc.. (Attachments: #1 Proposed Order )(Affrunti, Brian) Modified on 3/18/2013 (Kastilahn, A). |
| Filing 58 REQUEST FOR TELEPHONIC APPEARANCE as to the Scheduling Conference set for 4/29/13 at 2:00 PM by Primerica Life Insurance Company. (Attachments: #1 Proposed Order) (Murray, Misty) Modified on 3/15/2013 (Michel, G). |
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Filing 57
ORDER by Chief Judge Morrison C. England, Jr.: Due to the recalled appointment of Magistrate Judge * Gregory G. Hollows* to the bench of the Eastern District, this action is reassigned to *Magistrate Judge Carolyn K. Delaney* for all further proceedings. (Waggoner, D)
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| Filing 56 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 3/18/2013 to 4/29/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb, pending hearing on #54 Guardians Ryan Martin's and Shandria Bogle's Petition for Court Approval of Minors' Compromises now set for hearing on 3/25/2013. A Joint Status Report shall be filed no later than 4/15/2013. (Kirksey Smith, K) |
| SERVICE BY MAIL: 56 Minute Order continuing Scheduling Conference, served on Karen Satterly Bensch. (Kirksey Smith, K) |
| Filing 55 NOTICE to RESCHEDULE HEARING on #54 PETITION FOR COURT APPROVAL OF MINORS' COMPROMISES : Motion Hearing set for 3/25/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Morrison, Felicia) Modified on 2/15/2013 (Kirksey Smith, K). |
| Filing 54 PETITION FOR COURT APPROVAL OF MINORS' COMPROMISES by Guardians Shandria Bogle, Ryan Martin. (Attachments: #1 Proposed Order, #2 Notice)(Morrison, Felicia) Modified on 2/15/2013 (Kirksey Smith, K). |
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Filing 53
ORDER signed by Senior Judge William B. Shubb on 2/12/2013 GRANTING #52 Request for permission to make Telephonic Appearance. Primerica's counsel, Gail E. Cohen, is NOT required to personally attend Status Conference scheduled 3/18/2013. Courtroom Deputy shall e-mail counsel with instructions on how to participate in telephonic conference call. (Marciel, M)
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| SERVICE BY MAIL: #53 Order granting Request for Telephonic Appearance served on attorney Karen Satterly Bensch. (Marciel, M) |
| Filing 52 REQUEST for Permission to telephonically attend Scheduling Conference by Primerica Life Insurance Company. (Attachments: #1 Proposed Order) (Cohen, Gail) Modified on 2/13/2013 (Marciel, M) |
| Filing 51 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is continued from 2/4/2013 to 3/18/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb, pending hearing on #45 Guardians Ryan Martin and Shandria Bogle's Petition for Court Approval of Minors Compromises now set for hearing on 2/25/2013. (Kirksey Smith, K) |
| Filing 50 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that #45 Guardians Ryan Martin and Shandria Bogle's Petition for Court Approval of Minors Compromises must be filed as a noticed motion pursuant to Local Rule 230(b). The petition shall be noticed for 2/25/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Counsel for the guardians is, therefore, instructed to immediately file and serve a notice of motion setting forth the above-referenced date and time, or the petition may be stricken. The parties are further instructed to review the Local Rules and Judge Shubb's standard information on the court website for available hearing dates prior to filing any motions. (Kirksey Smith, K) |
| Filing 49 STATUS REPORT by Primerica Life Insurance Company. (Denvir, Karen) |
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Filing 48
ORDER granting #44 Request for permission to telephonically attend Status Conference signed by Senior Judge William B. Shubb on 1/17/13. (Kaminski, H)
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| Filing 47 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Karen Satterly Bensch for Annie Cassie,Karen Satterly Bensch for David Martin, attorney Lisa Blanco Jimenez and Elizabeth J Morrell terminated (Balestracci, Paul) |
| Filing 46 PROPOSED ORDER re Approval of Minor's Compromise re #45 Petition by Shandria Bogle, Ryan Martin. (Morrison, Felicia) |
| Filing 45 ***DISREGARD; SEE DOCKET #54 ***PETITION by Shandria Bogle, Ryan Martin. Attorney Morrison, Felicia M. added. (Morrison, Felicia) Modified on 2/15/2013 (Kirksey Smith, K). |
| Filing 44 REQUEST for Permission to Telephonically Attend Status Conference by Defendants-In-Interpleader Annie Cassie and David Martin by Annie Cassie, David Martin. Attorney Balestracci, Paul N. added. (Attachments: #1 Proposed Order(Balestracci, Paul) Modified on 1/18/2013 (Kaminski, H). |
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Filing 43
ORDER signed by Senior Judge William B. Shubb on 1/12/2013 ORDERING #42 Counsel, Brian M. Affrunti, may telephonically appear at the 2/4/2013 Status (Pre-Trial Scheduling) Conference; and the courtroom deputy shall email counsel with instructions. (Reader, L)
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| Filing 42 REQUEST for Telephonic Appearance at the Status (Pre-Trial Scheduling) Conference set for 2/4/2013 at 2:00 PM by Carriage Funeral Services of California, Inc., dba P.L. Fry & Son Funeral Home. (Attachments: #1 Proposed Order) (Affrunti, Brian) Modified on 1/7/2013 (Michel, G). |
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Filing 41
ORDER signed by Senior Judge William B. Shubb on 1/2/13 GRANTING #40 Request filed by Primerica Life Insurance Company; Primerica's counsel, Karen D.M. Denvir, is not required to personally attend the Scheduling Conference scheduled for February 4, 2013 at 2:00 p.m. in the chambers of the Honorable William B. Shubb, located at 501 I Street, #4-200, Courtroom 5, Sacramento, California 95814; Ms. Denvir may telephonically appear at the February 4, 2013 Scheduling Conference; and the courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Matson, R)
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| Filing 40 REQUEST for Permission to Telephonically Attend Scheduling Conference by Primerica Life Insurance Company. (Attachments: #1 Proposed Order re Telephonic Appearance)(Denvir, Karen) |
| Filing 39 MINUTE ORDER (TEXT ONLY): The parties are hereby notifed that the Scheduling Conference currently set for 12/10/2012 is continued to 2/4/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, pending the parties' submission of the petition for approval of minor's compromise, pursuant to the #33 Stipulation filed 12/3/2012, and the Notices filed 12/4/2012 #35 , #36 , #37 , #38 . A Joint Status Report shall be filed no later than 1/22/2013. Defendant Carriage Funeral Services is further ordered to file a corporate disclosure pursuant to Federal Rule of Civil Procedure 7.1, and the #3 Court's order filed 6/12/2012. (Kirksey Smith, K) |
| Filing 38 NOTICE of Order Approving Compromise of Disputed Claim of Minor TM, Redacted by Annie Cassie, David Martin. (Morrell, Elizabeth) |
| Filing 37 NOTICE of Order Approving Compromsie of Disputed Claim of Minor PB by Annie Cassie, David Martin. (Morrell, Elizabeth) |
| Filing 36 NOTICE of Order Approving Compromise of Disputed Claim of Minor QB2, Redacted by Annie Cassie, David Martin. (Morrell, Elizabeth) |
| Filing 35 NOTICE by Annie Cassie, David Martin. (Morrell, Elizabeth) |
| Filing 34 CLERK'S NOTICE of DOCKET CORRECTION re #33 Stipulation and Order: Case terminated in error; REOPENED 12/3/2012. (Michel, G) |
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Filing 33
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/30/2012 DISCHARGING Primerica and its agents, attorneys, and assigns of all liability with respect to life insurance policy number 0430744571; DISMISSING, with prejudice, Primerica and its agents, attorneys and assigns as to all claims relating to said policy; ENJOINING and RESTRAINING all Defendants-in-Interpleader and their agents, attorneys and assigns from instituting any suit at law or equity, or action of any kind against Primerica and its agents, attorneys and assigns, with respect to the policy; AWARDING Primerica $6,556.00 for reasonable attorneys' fees and costs; DISTRIBUTING policy proceeds to Primerica Life Insurance Company for the amount of $6,556.00; to P.L. Fry for the amount of $11,218.62; to Patrick Williams for the amount of $209,197.98. (Michel, G) Modified on 12/3/2012 (Michel, G).
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| Filing 32 STIPULATION and PROPOSED ORDER for Distribution of Funds and Dismissal of Action by Primerica Life Insurance Company. (Attachments: #1 Proposed Order.(Denvir, Karen) Modified on 11/29/2012 (Kaminski, H). |
| Filing 31 STATEMENT re Status of Settlement by Plaintiff Primerica Life Insurance Company re 28 Minute. (Cohen, Gail) Modified on 11/27/2012 (Kaminski, H). |
| Filing 30 REQUEST for Permission to Telephonically Attend Status Conference by Annie Cassie, David Martin. (Attachments: #1 Proposed Order Request for Permission to Telephonically Attend Status Conference)(Morrell, Elizabeth) |
| Filing 29 REQUEST for Permission to Telephonically Attend Status Conference by Primerica Life Insurance Company. (Attachments: #1 Proposed Order)(Murray, Misty) |
| Filing 28 MINUTE ORDER (TEXT ONLY): The Court is in receipt of the parties' #26 #27 Status Reports filed 10/17/2012 and hereby orders the Scheduling Conference continued from 10/29/2012 to 12/10/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb, pending the filing of a properly noticed motion for minors' compromise and final settlement of this action. A Joint Status Report shall be filed no later than 11/26/2012 if said motion for minors' compromise has not been filed and settlement not finalized by that date. (Kirksey Smith, K) |
| Filing 27 STATEMENT regarding status of Settlement by defendants Annie Cassie and David Martin. (Morrell, Elizabeth) Modified on 10/18/2012 (Marciel, M) |
| Filing 26 STATEMENT regarding status of Settlement per Court's 10/10/2012 23 Minute Order by plaintiff Primerica Life Insurance Company. (Denvir, Karen) Modified on 10/18/2012 (Marciel, M) |
| Filing 25 REQUEST for Defendant-in-Interpleader Carriage Funeral Services of California, Inc., dba P.L. Fry & Son Funeral Home's Request for Permission to Telephonically Attend Status (Pre-Trial Scheduling) Conference by Carriage Funeral Services of California, Inc., dba P.L. Fry & Son Funeral Home. (Attachments: #1 Proposed Order (Affrunti, Brian) Modified on 10/17/2012 (Meuleman, A). |
| Filing 24 REQUEST for Permission to Telephonically Attend Status Conference by Primerica Life Insurance Company. (Attachments: #1 Proposed Order)(Denvir, Karen) |
| Filing 23 MINUTE ORDER (TEXT ONLY): Pursuant to a #18 Notice of Settlement filed on 8/17/2012, this case has settled. Accordingly, the parties shall file their disposition documents pursuant to Local Rule 160(b), and no later than 10/17/2012, or a Joint Status Report by that date if settlement has not been finalized. The Scheduling Conference currently set for 10/15/2012 is continued to 10/29/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb pending submission of the disposition documents. (Kirksey Smith, K) |
| Filing 22 REQUEST for Permission to Telephonically Attend Status Conference by Annie Cassie and David Martin by Annie Cassie, David Martin. Attorney Morrell, Elizabeth J added. (Attachments: #1 Proposed Order)(Morrell, Elizabeth) Modified on 10/9/2012 (Becknal, R). |
| Filing 21 REQUEST for Permission to Telephonically Attend Status Conference by Carriage Funeral Services of California, Inc., dba P.L. Fry & Son Funeral Home. (Attachments: #1 Proposed Order)(Affrunti, Brian) Modified on 10/9/2012 (Becknal, R). |
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Filing 20
ORDER signed by Judge William B. Shubb on 10/3/2012 GRANTING #19 Primerica and Attorney Karen Denvir's Request for Permission to Telephonically Attend Status Conference on 10/15/2012. (Krueger, M)
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| Filing 19 REQUEST for Permission to Telephonically Attend Status Conference by Primerica Life Insurance Company. (Attachments: #1 Proposed Order Granting Request for Permission)(Denvir, Karen) |
| Filing 18 NOTICE of SETTLEMENT by Annie Cassie, David Martin. Attorney Jimenez, Lisa Blanco ADDED. (Jimenez, Lisa) Modified on 8/20/2012 (Michel, G). |
| Filing 17 AMENDED WAIVER of SERVICE RETURNED EXECUTED: Annie Cassie Waiver sent on 6/21/2012 (Murray, Misty) Modified on 7/24/2012 (Reader, L). #7 |
| Filing 16 ANSWER to #1 Complaint-In Interpleader and Counterclaim against Primerica Life Insurance Company by P.L.Fry & Son Chapel Funeral Home, Carriage Funeral Services of California, Inc., dba P.L. Fry & Son Funeral Home. Attorney Affrunti, Brian M added.(Affrunti, Brian) Modified on 7/24/2012 (Matson, R). |
| Filing 15 WAIVER of SERVICE RETURNED EXECUTED: T. M. Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) |
| Filing 14 WAIVER of SERVICE RETURNED EXECUTED: Q. B.2. Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) |
| Filing 13 WAIVER of SERVICE RETURNED EXECUTED: Q. B.1. Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) |
| Filing 12 WAIVER of SERVICE RETURNED EXECUTED: P. B. Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) |
| Filing 11 WAIVER of SERVICE RETURNED EXECUTED: Shandria Bogle Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) |
| Filing 10 WAIVER of SERVICE RETURNED EXECUTED: Ryan Martin Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) |
| Filing 9 WAIVER of SERVICE RETURNED EXECUTED: Patrick Williams Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) |
| Filing 8 WAIVER of SERVICE RETURNED EXECUTED: David Martin Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) |
| Filing 7 [DISREGARD COUNSEL TO RE-FILE] WAIVER of SERVICE RETURNED EXECUTED: Annie Cassie Waiver sent on 6/21/2012, answer due 8/20/2012. (Murray, Misty) #17 Modified on 7/24/2012 (Reader, L). |
| Filing 6 WAIVER of SERVICE RETURNED EXECUTED: P.L.Fry & Son Chapel Funeral Home Waiver sent on 6/13/2012, answer due 8/13/2012. (Murray, Misty) |
| Filing 5 AMENDED and CORRECTED Corporate Disclosure STATEMENT of Plaintiff Primerica Life Insurance Company. (Murray, Misty) Modified on 6/14/2012 (Mena-Sanchez, L). |
| Filing 4 NOTICE of Interpleader Funds by Primerica Life Insurance Company. (Murray, Misty) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/15/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP Form) (Reader, L) |
| Filing 2 SUMMONS ISSUED as to *P. B., Q. B.1., Q. B.2., Shandria Bogle, Annie Cassie, T. M., David Martin, Ryan Martin, P.L.Fry & Son Chapel Funeral Home, Patrick Williams* with answer to complaint due within *21* days. Attorney *Misty A. Murray, Esquire* *Barger & Wolen, LLP* *633 West Fifth Street, 47th Floor* *Los Angeles, California 90071*. (Reader, L) |
| RECEIPT number #CAE200045161 $350.00 Civil Filing Fee fbo Primerica Life Insurance Co. by Sacramento Legal Support Inc. on 6/12/2012. (Reader, L) |
| RECEIPT number #CAE200045188 $226,972.60 of interpleader funds fbo Primerica Life Insurance Company by Primerica Life Insurance Co. on 6/12/2012. (Reader, L) |
| Filing 1 COMPLAINT -In-Interpleader against All Defendants by Primerica Life Insurance Company. Attorney Murray, Misty A added. (Attachments: #1 Exhibits A-F, #2 Civil Cover Sheet, #3 Corporate Disclosure Statement)(Murray, Misty) Modified on 6/12/2012 (Reader, L). |
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