Lincoln National Life Insurance Company, The v. Ruybal et al
| Lincoln National Life Insurance Company, The |
| Jacqueline D. Ruybal, Brianna Elena Ruybal and Elise S. Ruybal |
| 1:2012cv02413 |
| September 11, 2012 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| Robert E Blackburn |
| Michael J Watanabe |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on October 7, 2014. A more recent docket listing may be available from PACER.
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Filing 63
ORDER denying as moot #60 Motion to Stay Execution of Judgment. By Judge Robert E. Blackburn on 10/7/2014. (alowe) (Additional attachment(s) added on 10/7/2014: #1 Attachment) (alowe, ).
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| Filing 62 REPLY to Response to #60 MOTION to Stay Execution of Judgment filed by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
| Filing 61 RESPONSE to #60 MOTION to Stay Execution of Judgment filed by Defendant Jacqueline D. Ruybal. (Martinez, Leonard) |
| Filing 60 MOTION to Stay Execution of Judgment by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Attachments: #1 Exhibit 1-Amended Petition for Declaratory Relief, #2 Exhibit 2-Transcript of May 16, 2012 Hearing)(Crona, Spencer) |
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Filing 59
ORDER denying #58 Motion for Reconsideration, by Judge Robert E. Blackburn on 7/23/2014.(trlee, )
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| Filing 58 MOTION for Reconsideration Pursuant to Fed. R. Civ. P. 59 by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
| Filing 57 JUDGMENT by Clerk in favor of Jacqueline D. Ruybal against Brianna Elena Ruybal, Elise S. Ruybal, on 7/18/2014. (trlee, ) |
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Filing 56
Findings of fact, conclusion of law and ORDERS. Please see attached order. JUDGMENT SHALL ENTER in favor of defendant, Jacqueline D. Ruybal, against defendants, Elise S. Ruybal, Brianna Elena Ruybal, and Elise S. Ruybal as Personal Representative for the Estate of Rudolpho Ruybal, on the terms stated in this order. By Judge Robert E. Blackburn on 7/18/2014. (trlee, )
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| Filing 55 BRIEF re #53 Order, Regarding Jurisdiction by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
| Filing 54 BRIEF Re: Jurisdiction by Defendant Jacqueline D. Ruybal. (Martinez, Leonard) |
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Filing 53
ORDER for Briefing Re: Jurisdiction. By 12/3/2013, each of the parties, through their respective counsel, SHALL FILE with the court a brief stating and substantiating their position on the question of whether this court has subject matter jurisdiction over this case. By Judge Robert E. Blackburn on 11/19/2013. (klyon, )
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Filing 52
STIPULATION AND ORDER GOVERNING THE CUSTODY AND DISPOSITION OF TRIAL EXHIBITS, TRANSCRIPTS, AND PAPERS. By Judge Robert E. Blackburn on 11/18/13. (rebcd)
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| Filing 51 MINUTE ENTRY for Bench Trial held before Judge Robert E. Blackburn on 11/18/2013. Opening arguments; Evidence entered; Closing arguments; Submitted to the court; Trial concluded. Court Reporter: Tracy Weir. (Attachments: #1 Joint Exhibit List, #2 Defendant witness list, #3 Defendant group witness list) (rebcd) |
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Filing 50
FINAL PRETRIAL ORDER. By Judge Robert E. Blackburn on 11/15/13. (rebcd)
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| Filing 49 MINUTE ENTRY for Final Pretrial Conference/Trial Preparation Conference held before Judge Robert E. Blackburn on 11/15/2013. Court Reporter: Tracy Weir. (rebcd) |
| Filing 48 Proposed Findings of Fact Conclusions of Law and Order by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
| Filing 47 Proposed Findings of Fact and Conclusion of Law by Defendant Jacqueline D. Ruybal. (Martinez, Leonard) |
| Filing 46 TRIAL BRIEF by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
| Filing 45 Proposed Pretrial Order by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
| Filing 44 STIPULATION to Submit Testimony of Karen Borkowski and Margaret Brubaker by Deposition Pursuant to Fed. R. Civ. P. 29 and 32 (a) (4) by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
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Filing 43
MINTUE ORDER striking #41 Renewed Motion and Brief in Support of Summary Judgment on Grounds of New Supplemental Support and Argument Addressing Court's Questions and #42 Exhibits in Support of 41 Renewed MOTION for Summary Judgment. By Judge Robert E. Blackburn on 10/15/2013.(klyon, )
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| Filing 42 STRICKEN - Exhibits in Support of #41 Renewed MOTION for Summary Judgment by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Attachments: #1 Exhibit L, #2 Exhibit O, #3 Exhibit Q, #4 Exhibit R, #5 Exhibit S, #6 Exhibit T, #7 Exhibit U, #8 Exhibit V, #9 Exhibit W)(Crona, Spencer) Modified on 10/15/2013 to Strike pursuant to Minute Order dated 10/15/2013 (klyon, ). |
| Filing 41 STRICKEN - Renewed MOTION for Summary Judgment by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H, #8 Exhibit J, #9 Exhibit K)(Crona, Spencer) Modified on 10/15/2013 to Strike pursuant to Minute Order dated 10/15/2013 (klyon, ). |
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Filing 40
MINUTE ORDER granting #38 Unopposed Motion to Re-Open Discovery onLimited Basis Pursuant to Court's Scheduling Order and Request to ContinuePreviously Served Subpoenas. Discovery cut-off shall be 9/30/2013. All subpoenas previously served shall be continued for purposes of the new trial date of November 18-19, 2013. By Magistrate Judge Michael J. Watanabe on 8/7/2013.(klyon, )
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| Filing 39 MEMORANDUM regarding #38 Unopposed MOTION for Discovery and Request to Continue Previously Served Subpoenas filed by Elise S. Ruybal, Brianna Elena Ruybal. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 8/7/13. Text Only Entry (rebsec, ) |
| Filing 38 Unopposed MOTION for Discovery and Request to Continue Previously Served Subpoenas by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
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Filing 37
SECOND TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 11/8/2013. Final Pretrial Conference and Trial Preparation Conference are set for 11/15/2013 02:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Two (2) day Bench Trial set for 11/18/2013 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 7/26/13. (rebsec, )
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Filing 36
MINUTE ORDER: The Trial Preparation Conference set for Friday, 7/26/2013, and the trial to the court set to commence Monday, 7/29/2013, are VACATED and areCONTINUED pending further order of court. On 7/26/2013, commencing at 2:00 p.m. the court shall conduct a telephonic setting conference to reset the Trial Preparation Conference and trial to the court in this matter. By Judge Robert E. Blackburn on 7/24/2013. (klyon, )
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Filing 35
MINUTE ORDER granting #34 Jacquline [sic] Ruybal's Motion For CounselTo Appear For Final Pretrial Conference By Telephone. By Judge Robert E. Blackburn on 7/11/2013.(klyon, )
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| Filing 34 MOTION for Leave to Appear for Pretrial by Telephone by Defendant Jacqueline D. Ruybal. (Martinez, Leonard) |
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Filing 33
ORDER denying #29 Motion for Summary Judgment. By Judge Robert E. Blackburn on 7/10/2013.(klyon, )
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| Filing 32 REPLY to Response to #29 MOTION for Summary Judgment filed by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Attachments: #1 Exhibit O-Aetna Beneficiary Designation, #2 Exhibit P-Correspondence to the Attorney for City of Brighton)(Crona, Spencer) |
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Filing 31
ORDER granting #28 Motion to Relieve Plaintiff, The Lincoln National Life Insurance Company, From All Further Liability. Plaintiff, The Lincoln National Life Insurance Company, is relieved of any and all further liability in this matter, including all obligations to any defendant under the subject policy. Plaintiff, The Lincoln National Life Insurance Company, is relieved from further participation in this lawsuit, except as the court may deem necessary and proper. By Judge Robert E. Blackburn on 5/13/2013. (klyon, )
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| Filing 30 BRIEF in Opposition to #29 MOTION for Summary Judgment filed by Defendant Jacqueline D. Ruybal. (Attachments: #1 Exhibit Exhibit M, #2 Exhibit Exhibit N)(Martinez, Leonard) |
| Filing 29 MOTION for Summary Judgment by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Attachments: #1 Exhibit A-Death Certificate, #2 Exhibit B-Separation Agreement, #3 Exhibit C-Decree of Legal Separation, #4 Exhibit D-Decree of Dissolution, #5 Exhibit E-Affidavit of Valerie Gomez, #6 Exhibit F-Affidavit of Cynthia Ciancio, #7 Exhibit G-Affidavit of Norman Campbell, #8 Exhibit H-Decedent's Financial Affidavit, #9 Exhibit I-May 31, 2012 Letter, #10 Exhibit J-April 10, 2013 Letter, #11 Exhibit K-November 11, 2012 Scheduling Order, #12 Exhibit L-Standard Enrollment Form)(Crona, Spencer) |
| Filing 28 MOTION for Order to Relieve Plaintiff from Any Further Liability by Plaintiff Lincoln National Life Insurance Company, The. (Brenner, Todd) |
| Filing 27 PAYMENT RECEIVED for Lincoln National Life Insurance Company in the amount of $ 100,000.00; Receipt Number 053823. Per Order dated 2/7/2013. (kfinn, ) |
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Filing 26
MINUTE ORDER granting #24 Motion to Deposit Funds. By Magistrate Judge Michael J. Watanabe on 2/7/13. (kfinn, )
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| Filing 25 MEMORANDUM regarding #24 Joint MOTION to Deposit Funds /Life Insurance Proceeds into the Registry of the Court filed by Lincoln National Life Insurance Company, The. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 2/7/13. Text Only Entry (rebsec, ) |
| Filing 24 Joint MOTION to Deposit Funds /Life Insurance Proceeds into the Registry of the Court by Plaintiff Lincoln National Life Insurance Company, The. (Brenner, Todd) |
| Filing 23 AMENDED ANSWER to the Complaint for Interpleader Pursuant to the Court's Order of January 14, 2013 by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
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Filing 22
ORDER granting #17 Motion to Amend Answer by Magistrate Judge Michael J. Watanabe on 1/14/13.(kfinn, )
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| Filing 21 REPLY to Response to #17 MOTION to Amend/Correct/Modify Answer filed by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
| Filing 20 RESPONSE to #17 MOTION to Amend/Correct/Modify Answer filed by Defendant Jacqueline D. Ruybal. (Martinez, Leonard) |
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Filing 19
MINUTE ORDER re: #17 MOTION to to Amend Answer filed by Elise S. Ruybal, Brianna Elena Ruybal. Defendant Jacqueline Ruybal shall have up to and including 1/10/2013 to file a response. By Magistrate Judge Michael J. Watanabe on 1/2/13. (kfinn, )
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| Filing 18 MEMORANDUM regarding #17 MOTION to Amend/Correct/Modify Answer filed by Elise S. Ruybal, Brianna Elena Ruybal. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 1/2/13. Text Only Entry (rebsec, ) |
| Filing 17 MOTION to Amend/Correct/Modify Answer by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Attachments: #1 Exhibit A-Lincoln Enrollment Form, #2 Exhibit B-Separation Agreement, #3 Exhibit C-Decree of Legal Separation)(Crona, Spencer) |
| Filing 16 STATUS REPORT by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal. (Crona, Spencer) |
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Filing 15
MINUTE ORDER granting #13 Motion for Extension of Time. The parties shall have up to and including December 28, 2012 to submit F.R.C.P. 26(a)(1) disclosures, join parties, and amend pleadings. By Magistrate Judge Michael J. Watanabe on 12/14/12. (kfinn, )
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| Filing 14 MEMORANDUM regarding #13 MOTION for Extension of Time to filed by Elise S. Ruybal. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Robert E. Blackburn on 12/14/12. Text Only Entry (rebsec, ) |
| Filing 13 MOTION for Extension of Time to by Defendant Elise S. Ruybal. (Crona, Spencer) |
| Filing 12 NOTICE OF MEDIATION by Defendants Elise S. Ruybal, Elise S. Ruybal, Brianna Elena Ruybal (Crona, Spencer) |
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Filing 11
SCHEDULING ORDER: Entered by Magistrate Judge Michael J. Watanabe on 11/14/2012. (mjwcd)
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| Filing 10 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 11/14/2012. Discovery due by 4/30/2013. Dispositive Motions due by 5/30/2013. Status Report as to private alternative dispute resolution due by 12/15/2012. Court Reporter: FTR - Ellen E. Miller. (mjwcd) |
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Filing 9
TRIAL PREPARATION CONFERENCE ORDER: Final Pretrial Conference set for 7/26/2013 02:00 PM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 7/26/2013 at 02:00 PM in Courtroom A1001 before Judge Robert E. Blackburn. Three (3) day Bench Trial set for 7/29/2013 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 11/14/12. (rebsec, )
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| Filing 8 Proposed Scheduling Order filed by Plaintiff Lincoln National Life Insurance Company, The. (Brenner, Todd) |
| Filing 7 ANSWER to #1 Complaint, by Jacqueline D. Ruybal.(Martinez, Leonard) |
| Filing 6 AMENDED ANSWER to #1 Complaint, (amended to include all parties) by Elise S. Ruybal(as Personal Representative ), Elise S. Ruybal, Brianna Elena Ruybal.(Crona, Spencer) |
| Filing 5 ANSWER to #1 Complaint, by Elise S. Ruybal(as Personal Representative ).(Crona, Spencer) |
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Filing 4
ORDER Scheduling Conference set for 11/14/2012 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 9/17/2012. (mjwcd)
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe for non-dispositive matters. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling Order and resolve discovery matters; provided, further that at the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 9/12/12. Text Only Entry (rebsec, )
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| Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael J. Watanabe. Text Only Entry (johar, ) |
| Filing 1 COMPLAINT for Interpleader against All Defendants (Filing fee $ 350, Receipt Number 1082-3013646), filed by Lincoln National Life Insurance Company, The. (Attachments: #1 Exhibit A: Policy, part 1, #2 Exhibit B: Policy, part 2)(Brenner, Todd) |
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