Sun Life Assurance Company of Canada v. Rizzo et al
| Sun Life Assurance Company of Canada |
| Nuvola Rizzo and Hiroko M. Kurihara |
| 3:2023cv01122 |
| March 14, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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Filing 13
Order terminating #8 Motion to Deposit Funds entered by Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 12
ORDER. In this rule-interpleader action, the plaintiff has filed a motion to deposit the funds in question with the court. ECF No. 8. Because the other parties have not appeared yet, the court defers consideration of the motion, subject to any differing proposal by the plaintiff.In the first stage of an interpleader action, "the district court decides whether the requirements for a rule or statutory interpleader action have been met by determining [whether] there is a single fund at issue and whether there are adverse claimants to that fund." Lee v. West Coast Life Ins. Co., 688 F.3d 1004, 1009 (9th Cir. 2012). In a rule-interpleader case, depositing the funds with the court is optional. Gelfgren v. Republic Nat'l Life Ins. Co., 680 F.2d 79, 81-82 (9th Cir. 1982). If the plaintiff does ask to deposit the funds, "Federal Rule of Civil Procedure 67... provides the mechanism" for doing so. Methven & Assocs. v. Paradies-Stroud, No. C 13-01079 JSW, 2014 WL 231654, at *2 (N.D. Cal. Jan. 21, 2014). The money may be deposited only "on notice to every other party and by leave of court." Fed. R. Civ. P. 67(a); 7 Wright & Miller, Fed. Prac. & Proc. Civ. 1714 (3d ed. 2022) ("The decision whether interpleader is appropriate is made by the court but only after all parties have been given notice and an opportunity to be heard on the question.").In light of these considerations, the court vacates the April 27 hearing. The plaintiff may re-notice the motion to deposit funds after all parties have appeared. If the plaintiff has a different approach, though, it may propose it. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1, COURT STAFF) (Filed on 4/12/2023)
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| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sun Life Assurance Company of Canada.. (Brisbin, Michael) (Filed on 4/6/2023) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/12/2023. (ejk, COURT STAFF) (Filed on 3/29/2023) |
| Filing 9 Proposed Order re #8 MOTION to Deposit Funds CORRECTION OF DOCKET # [8-1] by Sun Life Assurance Company of Canada. (Brisbin, Michael) (Filed on 3/16/2023) |
| Filing 8 MOTION to Deposit Funds filed by Sun Life Assurance Company of Canada. Motion Hearing set for 4/27/2023 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 3/30/2023. Replies due by 4/6/2023. (Attachments: # (SEE CORRECTED PROPOSED ORDER at Docket No. #9 )- (1) Proposed Order)(Brisbin, Michael) (Filed on 3/16/2023) Modified on 3/17/2023 (anj, COURT STAFF). |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/8/2023. Initial Case Management Conference set for 6/15/2023 11:00 AM in San Francisco, Courtroom B, 15th Floor. (anj, COURT STAFF) (Filed on 3/15/2023) |
| Filing 6 Summons Issued as to Hiroko M. Kurihara, Nuvola Rizzo. (Attachments: #1 Summons)(anj, COURT STAFF) (Filed on 3/15/2023) |
| Filing 5 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/28/2023. (jml, COURT STAFF) (Filed on 3/14/2023) |
| Filing 4 Corporate Disclosure Statement by Sun Life Assurance Company of Canada identifying Corporate Parent Sun Life Financial, Inc. for Sun Life Assurance Company of Canada. (Brisbin, Michael) (Filed on 3/14/2023) |
| Filing 3 Proposed Summons. (Brisbin, Michael) (Filed on 3/14/2023) |
| Filing 2 Proposed Summons. (Brisbin, Michael) (Filed on 3/14/2023) |
| Filing 1 COMPLAINT against Hiroko M. Kurihara, Nuvola Rizzo ( Filing fee $ 402, receipt number ACANDC-18071270.). Filed by Sun Life Assurance Company of Canada. (Attachments: #1 Exhibit A-P, #2 Civil Cover Sheet)(Brisbin, Michael) (Filed on 3/14/2023) Modified on 3/15/2023 (anj, COURT STAFF). |
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