Vance v. Berkshire Hathaway Life Insurance Company of Nebraska et al
| Tera Vance |
| DOES 1 through 50, Kristin Barnett, Berkshire Hathaway Life Insurance Company of Nebraska and BHG Structured Settlements, Inc. |
| 3:2020cv01480 |
| July 31, 2020 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Michael S Berg |
| Karen S Crawford |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Both |
Docket Report
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This docket was last retrieved on March 18, 2021. A more recent docket listing may be available from PACER.
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Filing 32
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: Defendants' Motions to Dismiss (ECF Nos. 24, 25) are GRANTED. Plaintiff's SAC is DISMISSED with prejudice. Because no other claims for relief remain in this case, the Court dismisses the entire action and directs the Clerk of the Court to close the case. (Attachments: #1 Attachment)(mme)(jrd)
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Filing 31
ORDER Granting #24 , #25 Defendants' Motions to Dismiss. Signed by Judge Roger T. Benitez on 3/17/2021. (mme)(jrd)
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Filing 30
Minute Order issued by the Honorable Roger T. Benitez: Submitting #24 MOTION to Dismiss for Failure to State a Claim regarding Counts 7-10 Pursuant to Federal Rule of Civil Procedure 12(b)(6), Submitting #25 MOTION to Dismiss for Failure to State a Claim regarding Counts 1, 9, and 10 of Plaintiffs Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). Court to issue written Order. Motion Hearing date of 3/1/2021 is hereby vacated. (no document attached) (gxr)
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Filing 29
REPLY to Response to Motion re #25 MOTION to Dismiss for Failure to State a Claim regarding Counts 1, 9, and 10 of Plaintiffs Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) REPLY IN SUPPORT OF MOTION TO DISMISS COUNTS 1, 9, AND 10 OF PLAINTIFFS SECOND AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by BHG Structured Settlements, Inc., Berkshire Hathaway Life Insurance Company of Nebraska. (Belcher, David)(mme).
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Filing 28
REPLY to Response to Motion re #24 MOTION to Dismiss for Failure to State a Claim regarding Counts 7-10 Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Kristin Barnett. (Phipps, Jarom) (mme).
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Filing 27
RESPONSE in Opposition re #24 MOTION to Dismiss for Failure to State a Claim regarding Counts 7-10 Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Tera Vance. (Curran, Susan) (jpp).
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Filing 26
RESPONSE in Opposition re #25 MOTION to Dismiss for Failure to State a Claim regarding Counts 1, 9, and 10 of Plaintiffs Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Tera Vance. (Curran, Susan) (jpp).
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Filing 25
MOTION to Dismiss for Failure to State a Claim regarding Counts 1, 9, and 10 of Plaintiffs Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) by BHG Structured Settlements, Inc., Berkshire Hathaway Life Insurance Company of Nebraska. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss Counts 1, 9, and 10 of Plaintiffs Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6))(Belcher, David)Attorney David A. Belcher added to party BHG Structured Settlements, Inc.(pty:dft) (mme).
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Filing 24
MOTION to Dismiss for Failure to State a Claim regarding Counts 7-10 Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Kristin Barnett. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Kristin Barnett's Motion to Dismiss Second Amended Complaint)(Phipps, Jarom) (mme).
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Filing 23
Summons Issued as to Second Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (Attachments: #1 1)(mme)
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Filing 22
NOTICE OF WITHDRAWAL OF DOCUMENT by Tera Vance ECF Dkt. No. 20. (Curran, Susan) (mme).
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Filing 21
AMENDED COMPLAINT with Jury Demand Second Amended Complaint against All Defendants, filed by Tera Vance.New Summons Requested. (Curran, Susan) (mme).
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Filing 20
*WITHDRAWN PER ECF #22*AMENDED DOCUMENT by Tera Vance. Second Amended Complaint. (Curran, Susan) *QC Mailer sent instructing filer to withdraw and use appropriate event, amended complaint* (mme). Modified on 1/13/2021 to reflect document withdrawn (mme).
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Filing 19
ORDER Granting #13 Unopposed Motion for Leave to File Amended Complaint. Plaintiff shall file her Amended Complaint within fourteen (14) days of this Order. Signed by Judge Roger T. Benitez on 12/30/2020. (mme)
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Filing 18
Minute Order issued by the Honorable Roger T. Benitez: Submitting #13 MOTION for Leave to File Second Amended Complaint. Court to issue written Order. Motion Hearing date of 1/4/2021 is hereby vacated. (no document attached) (gxr)
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Filing 17
NOTICE of Appearance by David A. Belcher on behalf of Berkshire Hathaway Life Insurance Company of Nebraska (Belcher, David)Attorney David A. Belcher added to party Berkshire Hathaway Life Insurance Company of Nebraska(pty:dft) (mme).
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Filing 16
RESPONSE to Motion re #13 MOTION for Leave to File Second Amended Complaint BERKSHIRE HATHAWAY LIFE INSURANCE COMPANY OF NEBRASKAS RESPONSE TO PLAINTIFFS MOTION FOR LEAVE TO AMEND TO ADD A PARTY filed by Berkshire Hathaway Life Insurance Company of Nebraska. (Belcher, David) (mme).
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Filing 15
ORDER Granting #14 Joint Motion to Extend Deadline to Respond to Plaintiff's First Amended Complaint. The Court hereby ORDERS as follows:1. The briefing schedule set forth in Local Civil Rule 7.1 shall apply to Plaintiffs Motion for Leave to File a Second Amended Complaint, and the Motion is set for hearing at 10:30 AM on January 4, 2021. Defendants Opposition to the Motion, if any, shall be filed not later than December 21, 2020. Plaintiffs Reply, if any, shall be filed not later than December 28, 2020. Should the Court Grant Plaintiffs Motion for Leave to File a Second Amended Complaint, Defendants filing of a responsive pleading to Plaintiffs First Amended Complaint shall be deemed moot, and Defendants shall have until fourteen (14) days after the issuance of any such order to file their responsive pleadings to Plaintiffs Second Amended Complaint.In the alternative, should the Court deny Plaintiffs Motion for Leave to Filea Second Amended Complaint, Defendants shall have until and including fourteen (14) days after any such order to file their responsive pleadings to Plaintiffs First Amended Complaint.Plaintiff is admonished not to file any further motions without first obtaininga hearing date from chambers as required by Local Civil Rule 7.1(b). Signed by Judge Roger T. Benitez on 11/25/2020. (mme)
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Filing 14
Joint MOTION for Extension of Time to File Answer re #12 Amended Complaint by Berkshire Hathaway Life Insurance Company of Nebraska. (Salzman, Ryan) (mme).
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Filing 13
MOTION for Leave to File Second Amended Complaint by Tera Vance. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit)(Curran, Susan) (mme).
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Filing 12
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Tera Vance. (Curran, Susan) (mme).
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Filing 11
ORDER Granting In Part #3 , #4 Defendants' Motions to Dismiss. Plaintiff is granted leave to file a First Amended Complaint within fourteen (14) days that cures the pleading deficiencies identified in this Order. Amendments must be contained within the claims the Court has found deficient and are limited to those claims for which the Court has granted leave to amend. Plaintiff may not add other claims or parties without seeking leave from the Court. Signed by Judge Roger T. Benitez on 11/5/2020. (mme)
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| Filing 10 Minute Order issued by the Honorable Roger T. Benitez: Submitting #3 MOTION to Dismiss for Failure to State a Claim Re Counts 1-6 and 8-10, #4 MOTION to Dismiss for Failure to State a Claim regarding Counts 7-10 Pursuant to Federal Rule of Civil Procedure 12(b)(6). Court to issue written Order. Motion Hearing date of 9/28/2020 is hereby vacated. (no document attached) (gxr) |
| Filing 9 RESPONSE in Support re #3 MOTION to Dismiss for Failure to State a Claim Re Counts 1-6 and 8-10 of Complaint filed by Berkshire Hathaway Life Insurance Company of Nebraska. (Salzman, Ryan) (mme). |
| Filing 8 REPLY to Response to Motion re #4 MOTION to Dismiss for Failure to State a Claim regarding Counts 7-10 Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Kristin Barnett. (Phipps, Jarom) (mme). |
| Filing 7 RESPONSE in Opposition re #4 MOTION to Dismiss for Failure to State a Claim regarding Counts 7-10 Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Tera Vance. (Attachments: #1 Declaration Vance Declaration, #2 Exhibit Ex 1 Marriage Retreat Email, #3 Exhibit Ex 2 Eutsler Notes, #4 Exhibit Ex 3 Address Changes, #5 Exhibit Ex 4 Camping Picture, #6 Exhibit Ex 5 Beneficiary Change Form, #7 Exhibit Ex 6 B of A Deposit Notice, #8 Exhibit Ex 7 La Costa Resort Application, #9 Exhibit Ex 8 Tattoos, #10 Exhibit Ex 9 Baby Food Jar, #11 Exhibit Ex 10 USA Railroad Retirement Brd, #12 Exhibit Ex 11 Property Management Email, #13 Exhibit Ex 12 Pre Marriage Counseling, #14 Exhibit Ex 13 Eutsler Texts, #15 Exhibit Ex 14 La Jolla Hotels, #16 Exhibit Ex 15 Vance Phipps Emails)(Curran, Susan) (mme). |
| Filing 6 RESPONSE in Opposition re #3 MOTION to Dismiss for Failure to State a Claim Re Counts 1-6 and 8-10 filed by Tera Vance. (Attachments: #1 Declaration Vance Declaration, #2 Exhibit Ex 1 Marriage Retreat Email, #3 Exhibit Ex 2 Eutsler Notes, #4 Exhibit Ex 3 Address Changes, #5 Exhibit Ex 4 Camping Picture, #6 Exhibit Ex 5 Beneficiary Change Form, #7 Exhibit Ex 6 B of A Deposit Notice, #8 Exhibit Ex 7 La Costa Resort Application, #9 Exhibit Ex 8 Tattoos, #10 Exhibit Ex 9 Baby Food Jar, #11 Exhibit Ex 10 USA Railroad Retirement Brd, #12 Exhibit Ex 11 Property Management Email, #13 Exhibit Ex 12 Pre Marriage Counseling, #14 Exhibit Ex 13 Eutsler Texts, #15 Exhibit Ex 14 La Jolla Hotels, #16 Exhibit Ex 15 Vance Phipps Emails)(Curran, Susan) (mme). |
| Filing 5 NOTICE of Change of Hearing on #3 MOTION to Dismiss for Failure to State a Claim Re Counts 1-6 and 8-10: Motion Hearing reset for 9/28/2020 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr) |
| Filing 4 MOTION to Dismiss for Failure to State a Claim regarding Counts 7-10 Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Kristin Barnett. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Kristin Barnett's Motion to Dismiss)(Phipps, Jarom)Attorney Jarom B. Phipps added to party Kristin Barnett(pty:dft) (mme). |
| Filing 3 MOTION to Dismiss for Failure to State a Claim Re Counts 1-6 and 8-10 by Berkshire Hathaway Life Insurance Company of Nebraska. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of R. Salzman ISO Motion to Dismiss, #3 Exhibit A - Complaint, #4 Exhibit Exh. B - Qualified Assignment, #5 Exhibit C - Annuity, #6 Exhibit D - Beneficiary Designation, #7 Exhibit E - Rejection Letter, #8 Exhibit F - Transfer Petition)(Salzman, Ryan) (mme). |
| Filing 2 Minute Order of Recusal Magistrate Judge Karen S. Crawford: Magistrate Judge Karen S. Crawford is no longer assigned to case and Magistrate Judge Michael S. Berg is now assigned to the case. The new case number is 20CV1480-BEN-MSB(no document attached) (ecf) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from San Diego Superior Court, case number 37-2020-00022268-CU-BC-NC. ( Filing fee $ 400 receipt number ACASDC-14252296.), filed by Berkshire Hathaway Life Insurance Company of Nebraska. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit B - State Court Complaint, #5 Exhibit C, #6 Exhibit D)The new case number is 3:20-cv-1480-BEN-KSC. Judge Roger T. Benitez and Magistrate Judge Karen S. Crawford are assigned to the case.(smd) (sjt). |
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