Transamerica Life Insurance Company v. Mobley et al
| Transamerica Life Insurance Company |
| Ericka Mobley and Nanhui Speight Jo |
| 3:2023cv05914 |
| November 15, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Interpleader Deposit Received (28 U.S.C. Section 1335) in the amount of $32,356.86 from Transamerica Life Insurance Company (rgh, COURT STAFF) (Filed on 1/10/2024) |
| Filing 24 CLERK'S NOTICE Re: Consent or Declination: Defendant Ericka Mobley 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 1/23/2024. (ejk, COURT STAFF) (Filed on 1/9/2024) |
| Filing 23 3:23-cv-5914 ANSWER to Complaint of Erika Mobley to Plaintiff-in-Interpleader Transamerica Life Insurace Company's Complaint-in-Interpleader, Cross CROSSCLAIM Complaint for Intentional Interference with Contractual Relations; Negligent Interference with Economic Advantage and Declaratory Relief against Nanhui Speight Jo by Ericka Mobley. (Attachments: #1 Certificate/Proof of Service Certificate of Service)(Chambliss, Denise) (Filed on 1/9/2024) |
| Filing 22 Interpleader Deposit Received (28 U.S.C. Section 1335) in the amount of $1,719,971.39 (dhm, COURT STAFF) (Filed on 12/13/2023) |
| Filing 21 NOTICE by Transamerica Life Insurance Company re #18 Notice (Other) --Second Notice of Deposit of Interpleader Funds into Disputed Ownership Fund (Tsui, Karen) (Filed on 12/11/2023) |
| Filing 20 WAIVER OF SERVICE Returned Executed filed by Transamerica Life Insurance Company. Service waived by Ericka Mobley waiver sent on 11/22/2023, answer due 1/22/2024. (Tsui, Karen) (Filed on 12/11/2023) |
| Filing 19 WAIVER OF SERVICE Returned Executed filed by Transamerica Life Insurance Company. Service waived by Nanhui Speight Jo waiver sent on 11/22/2023, answer due 1/22/2024. (Orlando, Vivian) (Filed on 12/4/2023) |
| Filing 18 NOTICE by Transamerica Life Insurance Company re #17 Notice (Other), #16 Order on Motion to Deposit Funds ---Notice of Delayed Deposit of Interpleader Funds inot Disputed Ownership Fund --- (Tsui, Karen) (Filed on 12/1/2023) |
| Filing 17 NOTICE by Transamerica Life Insurance Company re #16 Order on Motion to Deposit Funds --- Notice of Deposit of Interpleader Funds inot Disputed Ownership Fund --- (Tsui, Karen) (Filed on 11/29/2023) |
Filing 16
Order by Magistrate Judge Laurel Beeler granting #13 Motion to Deposit Funds. (ejk, COURT STAFF) (Filed on 11/29/2023)
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| Filing 15 RESPONSE re 14 Order,,,,,,, --- Plaintiff-in-Interpleader Transamerica Life Insurance Company's Response to the Court's November 22, 2023 Order [ECF 14] --- by Transamerica Life Insurance Company. (Attachments: #1 Declaration of Karen T. Tsui ISO Transamerica Life Insurance Company's Response to the Court's November 22, 2023 Order [ECF 14])(Tsui, Karen) (Filed on 11/28/2023) |
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Filing 14
ORDER. In this rule-interpleader action, the plaintiff has filed a motion to deposit the funds in question with the court. ECF No. 13. 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. W. 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 is inclined to terminate the motion without prejudice to its being re-noticed after all parties have appeared. But if the plaintiff has a different approach, it may propose it (by November 28, 2023). Otherwise, the court will terminate the motion without prejudice. Signed by Judge Laurel Beeler on November 22, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1, COURT STAFF) (Filed on 11/22/2023)
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| Filing 13 MOTION to Deposit Funds --- Application by Plaintiff-in-Interpleader Transamerica Life Insurance Company for Leave to Deposit Funds into a Disputed Ownership Fund Pursuant to 28 U.S.C. section 1335 and F.R.C.P. Rule 67 ---- filed by Transamerica Life Insurance Company. Responses due by 12/6/2023. Replies due by 12/13/2023. (Attachments: #1 Proposed Order)(Orlando, Vivian) (Filed on 11/22/2023) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Transamerica Life Insurance Company.. (Tsui, Karen) (Filed on 11/21/2023) |
| Filing 11 Summons Issued as to Nanhui Speight Jo. (dhm, COURT STAFF) (Filed on 11/20/2023) |
| Filing 10 Summons Issued as to Ericka Mobley. (dhm, COURT STAFF) (Filed on 11/20/2023) |
| Filing 9 Proposed Summons. (Orlando, Vivian) (Filed on 11/16/2023) |
| Filing 8 Proposed Summons. (Orlando, Vivian) (Filed on 11/16/2023) |
| #Electronic filing error.*Summons Incomplete. Attorney information to where Answer is to be served is Blank* This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #5 Proposed Summons filed by Transamerica Life Insurance Company, #6 Proposed Summons filed by Transamerica Life Insurance Company (sfb, COURT STAFF) (Filed on 11/16/2023) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/8/2024. Initial Case Management Conference set for 2/15/2024 11:00 AM in San Francisco, Courtroom B, 15th Floor. (cv, COURT STAFF) (Filed on 11/15/2023) |
| Filing 6 Proposed Summons. (Orlando, Vivian) (Filed on 11/15/2023) |
| Filing 5 Proposed Summons. (Orlando, Vivian) (Filed on 11/15/2023) |
| Filing 4 Certificate of Interested Entities by Transamerica Life Insurance Company re #1 Complaint, --- Transamerica Life Insurance Company's Certification of Conflicts and Interested Entities or Persons --- (Orlando, Vivian) (Filed on 11/15/2023) |
| Filing 3 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 11/29/2023. (bw, COURT STAFF) (Filed on 11/15/2023) |
| Filing 2 Corporate Disclosure Statement by Transamerica Life Insurance Company identifying Corporate Parent Commonwealth General Corporation for Transamerica Life Insurance Company. re #1 Complaint, (Orlando, Vivian) (Filed on 11/15/2023) |
| Filing 1 COMPLAINT --- Plaintiff-in-Interpleader Transamerica Life Insurance Company's Complaint-in-Interpleader --- against Nanhui Speight Jo, Ericka Mobley ( Filing fee $ 402, receipt number ACANDC-18840667.). Filed by Transamerica Life Insurance Company. (Attachments: #1 Exhibit A-K, #2 Civil Cover Sheet)(Orlando, Vivian) (Filed on 11/15/2023) |
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