Federated Life Insurace Company v. Fifth Third Bank et al
| Federated Life Insurace Company |
| Florida Petroleum Company LLC, Fifth Third Bank, E2 Real Estate LLC, Robert E. Tardif, KC Transportation LLC, Evans Energy Partners LLC and Evans Okeechobee LLC |
| Seminole Tribe of Florida, Inc. |
| 2:2014cv00568 |
| September 30, 2014 |
| U.S. District Court for the Middle District of Florida |
| Ft. Myers Office |
| XX US, Outside State |
| Sheri Polster Chappell |
| Carol Mirando |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 23, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 121 NOTICE by Evans Energy Partners LLC NOTICE OF DISASSOCIATION WITH FIRM (Peterson, Donald) |
| Filing 120 NOTICE by Evans Energy Partners LLC of Firm Name Change and Amended Designation of E-Mail Addresses (Peterson, Donald) |
Filing 119
ORDER adopting #112 REPORT AND RECOMMENDATIONS re #69 MOTION to intervene reopen interpleader, and set aside judgment MOTION to Reopen Case MOTION to Set Aside filed by Seminole Tribe of Florida, Inc. United States Magistrate Judge Carol Mirando's Report and Recommendation #112 is ACCEPTED as to its findings on Seminole Tribe of Florida's request to set aside the judgment, as well as to Federated Life Insurance Company's request for oral argument and attorney's reasons. For the reasons set forth herein, the Court need not accept, reject, or modify the Report and Recommendation as to its findings on Seminole's request to intervene. Seminole Tribe of Florida, Inc.'s Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment #69 is DENIED. Federated Life Insurance Company's request for oral argument #91 and request for attorney's fees (Doc. 90 at 10) are DENIED.Signed by Judge Sheri Polster Chappell on 3/30/2017. (LMF)
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| Filing 118 RESPONSE to objections to #112 Report and Recommendations filed by Federated Life Insurace Company. (Keener, Robin) |
| Filing 117 RESPONSE re #115 Objection - Response in Opposition to Seminole Tribe of Florida, Inc.'s Objections to Magistrate's Report and Recommendation - filed by Evans Energy Partners LLC. (Peterson, Donald) |
| Filing 116 RESPONSE re #115 Objection to Magistrate's Report and Recommendation filed by Fifth Third Bank. (Grunspan, Alan) |
| Filing 115 OBJECTION re #112 REPORT AND RECOMMENDATIONS re #69 MOTION to intervene reopen interpleader, and set aside judgment MOTION to Reopen Case MOTION to Set Aside filed by Seminole Tribe of Florida, Inc.. . (Attachments: #1 Exhibit A, #2 Exhibit B)(King, Christopher) |
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Filing 114
ORDER granting in part and denying in part #113 Intervenor's PartiallyUnopposed Motion for Enlargement of Time to File Objections to Report andRecommendation. See Order for details. Signed by Magistrate Judge Carol Mirando on 2/8/2017. (LS)
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| Filing 113 MOTION to extend time to February 24, 2017 to file objections to the Magistrate's Report and Recommendation (Doc 112) by Seminole Tribe of Florida, Inc.. (Homer, Peter) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 112 REPORT AND RECOMMENDATIONS re #69 Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment, recommending that the motion be denied. Signed by Magistrate Judge Carol Mirando on 1/31/2017. (LS) |
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Filing 111
ORDER granting #109 of Fifth Third's Motion for Judicial Notice. The Court will take judicial notice of Docs. 109-1 through 109-5 in considering the Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment (Doc. 69). Signed by Magistrate Judge Carol Mirando on 1/31/2017. (LS)
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| Filing 110 NOTICE by Fifth Third Bank re #108 Response in Opposition to Motion Notice of Filing Affidavit in Opposition to Motion to Intervene (Attachments: #1 Affidavit Affidavit in Support of Opposition to Motion to Intervene, #2 Exhibit Life Insurance Policy, #3 Exhibit Proof of Claim, #4 Exhibit Motion for Order Authorizing Sale of Assets, #5 Exhibit Order Granting Motion for Order Authorizing Sale of Assets, #6 Exhibit Intentionally left blank, #7 Exhibit 5/31/13 Term Note, #8 Exhibit Order Approving Settlement with Fifth Third Bank, #9 Exhibit 6/25/14 Notice of Intended Abandonement and 11/24/14 Notice of Abandonment, #10 Exhibit 3/10/15 Email)(Grunspan, Alan) |
| Filing 109 MOTION for miscellaneous relief, specifically for Judicial Notice by Fifth Third Bank. (Attachments: #1 Exhibit Motion for Order Authorizing Sale of Assets, #2 Exhibit Order Granting Motion Authorizing Sale of Assets, #3 Exhibit Order Approving Settlement with Fifth Third Bank, #4 Exhibit 6/25/14 Notice of Intended Abandonment, #5 Exhibit 7/10/14 Notice of Intended Abandonment)(Grunspan, Alan) |
| Filing 108 RESPONSE in Opposition re #69 MOTION to intervene reopen interpleader, and set aside judgment MOTION to Reopen Case MOTION to Set Aside filed by Fifth Third Bank. (Grunspan, Alan) |
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Filing 107
ORDER granting #106 Defendant Fifth Third Bank's Agreed Motion for Enlargement of Time to File a Response to Seminole Tribe of Florida, Inc.'s Motion to Intervene. Defendant Fifth Third shall have up to and including December 19, 2016 to respond to the Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment (Doc. 69). Signed by Magistrate Judge Carol Mirando on 11/29/2016. (LS)
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| Filing 106 MOTION for Extension of Time to File Response/Reply as to #69 MOTION to intervene reopen interpleader, and set aside judgment MOTION to Reopen Case MOTION to Set Aside by Fifth Third Bank. (Grunspan, Alan) Motions referred to Magistrate Judge Carol Mirando. |
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Filing 105
ENDORSED ORDER granting #104 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc's Motion to Intervene. Defendant Fifth Third shall have up to and including November 28, 2016 to respond to the Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment (Doc. 69). Signed by Magistrate Judge Carol Mirando on 10/25/2016. (LS)
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| Filing 104 MOTION to extend time to November 28, 2016 by Fifth Third Bank. (Hill, Patricia) Motions referred to Magistrate Judge Carol Mirando. |
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Filing 103
ORDER denying without prejudice #102 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc.'s Motion to Intervene. Signed by Magistrate Judge Carol Mirando on 10/24/2016. (LS)
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| Filing 102 Unopposed MOTION to extend time to November 28, 2016 by Fifth Third Bank. (Hill, Patricia) Motions referred to Magistrate Judge Carol Mirando. |
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Filing 101
ORDER granting #100 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc.'s Motion to Intervene. Fifth Third Bank shall have up to and including October 25, 2016 to respond to the Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment. See Order for further details. Signed by Magistrate Judge Carol Mirando on 10/3/2016. (LS)
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| Filing 100 Unopposed MOTION to extend time to October 25, 2016 by Fifth Third Bank. (Hill, Patricia) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 99 REPLY to Response to Motion re #69 MOTION to intervene reopen interpleader, and set aside judgment MOTION to Reopen Case MOTION to Set Aside filed by Seminole Tribe of Florida, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Homer, Peter) |
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Filing 98
ENDORSED ORDER granting #97 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc.'s Motion to Intervene. For good cause shown and because the motion is unopposed, Defendant Fifth Third Bank shall have up to and including October 4, 2016 to respond to the Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment (Doc. 69). Signed by Magistrate Judge Carol Mirando on 9/9/2016. (LS)
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| Filing 97 Unopposed MOTION to extend time to October 4, 2016 by Fifth Third Bank. (Hill, Patricia) Motions referred to Magistrate Judge Carol Mirando. |
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Filing 96
ORDER granting in part and denying in part #85 Motion for Leave to Reply to Evans Energy Partners' Opposition to Motion to Intervene. Seminole Tribe of Florida Inc. shall have up to and including September 19, 2016 to file a reply to Evans Energy Partners, LLC's Response in Opposition to Motion to Intervene, Reopen Interpleader and Set Aside Judgment (Doc. 83). The reply shall not exceed ten (10) pages, exclusive of any exhibits. Signed by Magistrate Judge Carol Mirando on 9/8/2016. (LS)
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Filing 95
ENDORSED ORDER granting #94 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc.'s Motion to Intervene. For good cause shown and because the motion is unopposed, Defendant Fifth Third Bank shall have up to and including September 13, 2016 to respond to the Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment (Doc. 69). Signed by Magistrate Judge Carol Mirando on 8/29/2016. (Mirando, Carol)
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| Filing 94 Unopposed MOTION to extend time to September 13, 2016 to respond to #69 Order by Fifth Third Bank. (Hill, Patricia) Motions referred to Magistrate Judge Carol Mirando. Modified on 8/29/2016, to correct docket relationship. (SPB). |
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Filing 93
ENDORSED ORDER granting #92 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc.'s Motion to Intervene. For good cause shown and because the motion is unopposed, Defendant, Fifth Third Bank, shall have up to and including August 30, 2016 to respond to #69 Motion to Intervene as Defendant, Reopen Interpleader, and set aside Judgment. Signed by Magistrate Judge Carol Mirando on 8/15/2016. (LS)
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| Filing 92 MOTION for Extension of Time to File Response to Seminole Tribe of Florida Inc's #69 Motion to Intervene by Fifth Third Bank. (Hill, Patricia) Modified on 8/15/2016, to add case relationships (SPB). |
| Filing 91 REQUEST for oral argument by Federated Life Insurace Company. (Gidus, Gregory) |
| Filing 90 RESPONSE in Opposition re #69 MOTION to intervene reopen interpleader, and set aside judgment MOTION to Reopen Case MOTION to Set Aside filed by Federated Life Insurace Company. (Attachments: #1 Exhibit Composite "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F")(Gidus, Gregory) |
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Filing 89
ENDORSED ORDER granting #86 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc's Motion to Intervene as Defendant, Reopen Interpleader, and set aside Judgement. For good cause shown and because the motion is unopposed, Defendant, Fifth Third Bank, shall have up to and including August 15, 2016 to respond to Motion to Intervene as Defendant, Reopen Interpleader, and set aside Judgement (Doc 69). Signed by Magistrate Judge Carol Mirando on 7/28/2016. (WRW)
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| Filing 88 RESPONSE in Opposition re #85 MOTION for leave to file Reply to Evans Energy Partners' Opposition to Motion to Intervene filed by Evans Energy Partners LLC. (Weirich, Jonathan) |
| Filing 87 NOTICE of Appearance by Jonathan Michael Weirich on behalf of Evans Energy Partners LLC (Weirich, Jonathan) |
| Filing 86 Unopposed MOTION for Extension of Time to File Response/Reply by Fifth Third Bank. (Hill, Patricia) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 85 MOTION for leave to file Reply to Evans Energy Partners' Opposition to Motion to Intervene by Seminole Tribe of Florida, Inc.. (Homer, Peter) |
| Filing 84 NOTICE of filing affidavit in support of #83 Response in Opposition to Motion by Evans Energy Partners LLC (Peterson, Donald) Modified on 7/19/2016, to edit docket text. (SPB). |
| Filing 83 RESPONSE to Motion re #69 MOTION to intervene reopen interpleader, and set aside judgment MOTION to Reopen Case MOTION to Set Aside filed by Evans Energy Partners LLC. (Attachments: #1 Exhibit 1)(Peterson, Donald) |
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Filing 82
ENDORSED ORDER granting #80 Interpleader Plaintiff, Federated Life Insurance Company's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc's Motion to Intervene. For good cause shown and because the motion is unopposed, the Interpleader Plaintiff, Federated Life Insurance Company shall have up to and including July 28, 2016 to file its response to STOFI'S Motion to Intervene. Signed by Magistrate Judge Carol Mirando on 7/18/2016. (WRW)
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Filing 81
ENDORSED ORDER granting #79 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc's Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgement. For good cause shown and because the motion is unopposed, Defendant, Fifth Third Bank, shall have up to and including July 28, 2016 to respond to the Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgement. Signed by Magistrate Judge Carol Mirando on 7/18/2016. (WRW)
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| Filing 80 Unopposed MOTION for Extension of Time to File Response/Reply to #69 Motion to Intervene by Federated Life Insurace Company. (Gidus, Gregory) Motions referred to Magistrate Judge Carol Mirando. Modified on 7/18/2016, to add docket entry relationships. (SPB). |
| Filing 79 MOTION for Extension of Time to File Response to Seminole Tribe of Florida, Inc.'s #69 Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment by Fifth Third Bank. (Hill, Patricia) Modified on 7/18/2016, to add docket relationships. (SPB). |
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Filing 78
ENDORSED ORDER granting #77 Unopposed Motion for Extension of Time to Respond to Seminole Tribe of Florida's Motion to Intervene. For good cause shown and because the motion is unopposed, Defendant EEP, shall have up to and including July 18, 2016 to respond to STOFI's Motion to Intervene as Defendant, Reopen Interpleader and Set Aside Judgement [Doc 69]. Signed by Magistrate Judge Carol Mirando on 7/8/2016. (WRW)
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| Filing 77 Unopposed MOTION for Extension of Time to File Response/Reply as to #69 MOTION to intervene reopen interpleader, and set aside judgment MOTION to Reopen Case MOTION to Set Aside by Evans Energy Partners LLC. (Peterson, Donald) Motions referred to Magistrate Judge Carol Mirando. |
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Filing 76
ENDORSED ORDER granting #75 Defendant Fifth Third Bank's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc's Motion to Intervene. Due to good cause shown and because the motion is unopposed, Defendant, Fifth Third Bank shall have up to and including July 18, 2016 to respond to the Motion to Intervene (Doc #69). Signed by Magistrate Judge Carol Mirando on 7/7/2016. (WRW) Modified on 8/23/2016 to edit docket text (SLU).
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| Filing 75 UNOPPOSED MOTION to extend time to July 18, 2016 to File Response to Motion to Intervene by Fifth Third Bank. (Hill, Patricia) Motions referred to Magistrate Judge Carol Mirando. Modified on 7/7/2016 to edit docket text (SLU). |
| Filing 74 NOTICE of scrivener's error by Seminole Tribe of Florida, Inc. re #69 MOTION to intervene MOTION to Reopen Case MOTION to Set Aside (Attachments: #1 Exhibit Corrected page)(Homer, Peter) Modified on 7/7/2016 to edit docket text (SLU). |
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Filing 73
ENDORSED ORDER granting #72 Interpleader Plaintiff, Federated Life Insurance Company's Unopposed Motion for Enlargement of Time to File Response to Seminole Tribe of Florida, Inc.'s Motion to Intervene. For good cause shown, Federated Life Insurance Company shall have up to and including July 18, 2016 to respond to #69 Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment. Signed by Magistrate Judge Carol Mirando on 7/5/2016. (LS)
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| Filing 72 Unopposed MOTION for Extension of Time to File Response/Reply to Seminole Tribe of Florida, Inc.'s Motion to Intervene by Federated Life Insurace Company. (Gidus, Gregory) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 71 NOTICE of Appearance by Donald Grayson Peterson on behalf of Evans Energy Partners LLC (Peterson, Donald) |
| Filing 70 NOTICE of Appearance by Jon Douglas Parrish on behalf of Evans Energy Partners LLC (Parrish, Jon) |
| Filing 69 MOTION to intervene as defendant by Seminole Tribe of Florida, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Homer, Peter) Motions referred to Magistrate Judge Carol Mirando. Added MOTION to Reopen Case - Interpleader, MOTION to Set Aside Judgment on 6/27/2016 (SLU). |
| Filing 68 JUDGMENT (Signed by Deputy Clerk) (SPB) |
| Filing 67 DISBURSEMENT VOUCHER Check number 00733405 in the amount of $1,756,187.87 paid to Fifth Third Bank per Court's Order #65 dated 09/24/15. (AIL) |
| Filing 66 DISBURSEMENT VOUCHER Check number 00733376 in the amount of $2,257,955.83 paid to Evans Energy Partners, LLC per Court's Order #65 dated 09/24/15. (AIL) |
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Filing 65
ORDER granting #64 The Joint Motion for Order Directing Clerk to Release Funds. The Clerk of Court is DIRECTED to issue checks drawn on the Court Registry and made payable and delivered as follows: a. to Evans Energy Partners, LLC for $2,257,804.51, plus 56.25 percent of all interest accruing since January 27, 2015. The check shall be mailed to Matthew P. Flores, Esq., at Woodward, Pires & Lombardo, P.A., 3200 Tamiami Trail, North, Ste. 200, Naples, Florida 34103. b. to Fifth Third Bank for $1,756,070.18, plus 43.75 percent of all interest accruing since January 27, 2015. The check shall be mailed to Patricia L. Hill, Esq., at Statman Harris & Eyrich, LLC, 1 S. Main St., Ste. 900, Dayton, Ohio 45402. Upon transmitting such checks to counsel for the parties as set forth herein, the Clerk of Court is DIRECTED to enter judgment accordingly, terminate all pending deadlines, and close the file.. Signed by Judge Sheri Polster Chappell on 9/24/2015. (LMF)
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| Filing 64 Joint MOTION for Disbursement of Funds by Fifth Third Bank. (Hill, Patricia) |
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Filing 63
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 10/2/2015, Dispositive motions due by 12/31/2015, Final Pretrial Conference set for 4/15/2016 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Bench Trial set for trial term beginning 5/2/2016 before Judge Sheri Polster Chappell. Conduct mediation hearing by 11/30/2015. See Order for additional deadlines. Signed by Magistrate Judge Carol Mirando on 6/10/2015. (ALB)
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Filing 62
ENDORSED ORDER granting #61 Joint Motion to Extend All Expert Disclosure and Discovery Deadlines. For good cause shown and because the motion is jointly filed, all deadlines set forth in the #59 Case Management and Scheduling Order shall be extended for a period of sixty (60) days. An amended case management and scheduling order will be entered under separate cover. Signed by Magistrate Judge Carol Mirando on 6/4/2015. (ALB)
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| Filing 61 Joint MOTION to Continue Expert Disclosure and Discovery Deadlines by Fifth Third Bank. (Hill, Patricia) |
| Filing 60 DEFAULT JUDGMENT in favor of Federated Life Insurance Company against Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Murl Long. (Signed by Deputy Clerk) (SPB) |
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Filing 59
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 8/3/2015, Dispositive motions due by 11/1/2015, Pretrial statement due by 1/22/2016, All other motions due by 1/22/2016, Plaintiff disclosure of expert report due by 6/1/2015, Defendant disclosure of expert report due by 7/1/2015, Final Pretrial Conference set for 2/19/2016 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Jury Trial set for trial term beginning 3/7/2016 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 9/30/2015. Lead counsel to coordinate dates. Signed by Judge Sheri Polster Chappell on 3/2/2015. (LMF)
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| Filing 58 Minute Entry. Proceedings held before Judge Sheri Polster Chappell: PRELIMINARY PRETRIAL CONFERENCE held on 3/2/2015. Robin Keener, Esq., appeared for the Plaintiffs. Chris Lombardo, Esq., and Matthew Flores, Esq., appeared for the Defendants. Court discussed proposed case management dates and discovery procedures. Court will enter a case management and scheduling order under separate cover. Court Reporter: Lori L. Bundy (LMF) |
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Filing 57
ORDER granting #49 Interpleader Plaintiff Federated Life Insurance Company's Unopposed Motion for Entry of Default Judgment Against Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Murl Long. The Clerk of Court is DIRECTED to enter judgment in favor of Federated Life and against Defendant Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Murl Long. Interpleader Plaintiff Federated Life Insurance Company is DISMISSED with prejudice from the above-captioned case and DISCHARGED from any further liability with respect to the subject Policies. Defendant Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Murl Long is ENJOINED from instituting an action in any other forum against Federated Life, or any of its predecessors, subsidiaries, or parent companies regarding the funds deposited into the Court's Registry in this matter. Signed by Judge Sheri Polster Chappell on 2/27/2015. (LMF)
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Filing 56
ORDER denying without prejudice #55 Motion of Patricia L. Hill for an Order Admitting Alan J. Statmen, Esq., Pro Hac Vice. Signed by Magistrate Judge Carol Mirando on 2/23/2015.(ALB)
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| Filing 55 MOTION for Alan J. Statman to appear pro hac vice by Fifth Third Bank. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Hill, Patricia) Motions referred to Magistrate Judge Carol Mirando. |
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Filing 54
ORDER. The Court will take no further action on its Order dated February 17, 2015 #50. Signed by Judge Sheri Polster Chappell on 2/20/2015. (LMF)
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| Filing 53 RESPONSE TO ORDER TO SHOW CAUSE re #50 Order to show cause filed by Federated Life Insurace Company. (Keener, Robin) |
| Filing 52 ANSWER to #20 Amended Complaint by E2 Real Estate LLC.(Lombardo, James) |
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Filing 51
ORDER. The Court DENIES without prejudice Interpleader Plaintiff Federated Life Insurance Company's request to be dismissed with prejudice from the above-captioned case and discharged from further liability with respect to the subject Policies. #39. Federated Life may file a renewed motion within fourteen (14) days of the Court resolving any motion for a final default judgment against Defendant Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Mural Long. Signed by Judge Sheri Polster Chappell on 2/17/2015. (LMF)
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Filing 50
ORDER to show cause as to Federated Life Insurace Company. Interpleader Plaintiff Federated Life Insurance Company shall SHOW CAUSE, in writing, on or before February 27, 2015, why its case against Defendant E2 Real Estate, LLC should not be dismissed for failure to prosecute. Signed by Judge Sheri Polster Chappell on 2/17/2015. (LMF)
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| Filing 49 Unopposed MOTION for default judgment against Robert E. Tardif ,as Trustee for the Bankruptcy Estate of Randy Murl Long and Incorporated Memorandum of Law by Federated Life Insurace Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Keener, Robin) |
| Filing 48 Clerk's ENTRY OF DEFAULT as to Robert E. Tardif. (SPB) |
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Filing 47
ORDER granting #32 Motion for Entry of Default. The Clerk is directed to enter Clerk's default against Defendant Robert E. Tardif, as Trustee for the Bankruptcy Estate of Randy Murl Long, pursuant to Rule 55(a), Federal Rules of Civil Procedure. Signed by Magistrate Judge Carol Mirando on 2/10/2015.(ALB)
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| Filing 46 NOTICE of unavailability of counsel by Evans Energy Partners LLC from March 10, 2015 to May 13, 2015. (Lombardo, James) |
| Filing 45 NOTICE by Fifth Third Bank re #35 Order on Motion to Deposit Funds (Hill, Patricia) |
| Filing 44 ANSWER to #31 Crossclaim by Evans Okeechobee LLC.(Lombardo, James) |
| Filing 43 ANSWER to #31 Crossclaim by Florida Petroleum Company LLC.(Lombardo, James) |
| Filing 42 ANSWER to #31 Crossclaim by KC Transportation LLC.(Lombardo, James) |
| Filing 41 ANSWER to #31 Crossclaim by Evans Energy Partners LLC.(Lombardo, James) |
| Filing 40 NOTICE by Evans Energy Partners LLC of Claim to Funds Deposited Into the Registry of the Court by Plaintiff (Lombardo, James) |
| Filing 39 NOTICE by Federated Life Insurace Company Regarding Depositing Life Insurance Policy Proceeds into the Registry of the Court (Keener, Robin) |
| Filing 38 REGISTRY MONIES received by Federated Life Insurace Company in the amount of $ $2,002,222.18; Receipt # FTM007245. (RMT) |
| Filing 37 REGISTRY MONIES received by Federated Life Insurace Company in the amount of $ $2,011,652.51; Receipt # FTM007245. (RMT) |
| Filing 36 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 2/2/2015 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 3/2/2015 at 02:30 PM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. (LMF) |
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Filing 35
ORDER granting in part and denying in part #24 Interpleader Plaintiff Federated Life Insurance Company's Partially Unopposed Motion to Deposit Insurance Policy Proceeds and For Discharge. a.Plaintiff shall deposit the proceeds of the Policies, plus any applicable interest, into the Registry of the Court no later than January 30, 2015. b. The Clerk of Court is directed to accept the funds from Plaintiff and to deposit those funds into a special interest bearing account as provided by Middle District of Florida Local Rule 4.16(a). c. Immediately after depositing the Policies' proceeds into the Court's Registry, Plaintiff shall file a written notice with the Court certifying that the deposit has been accomplished. Upon receipt of Plaintiff's notice, the Court will dismiss Plaintiff from this action with prejudice and discharge Plaintiff from any further liability with respect to the subject Policies. d. Defendants are restrained and enjoined from instituting an action in any state or federal court against Plaintiff or any if its predecessors, subsidiaries, or parent companies for the recovery of the proceeds of the Policies, plus any applicable interest, pursuant to 28 U.S.C. 2361. e. Plaintiff's request for reasonable attorneys' fees and costs is denied. Defendants must notified the Court, in writing, on or before January 30, 2015, regarding their intent to interplead and settle between themselves their rights and interests to the proceeds of the policies, plus any applicable interest, or any part thereof. Signed by Judge Sheri Polster Chappell on 1/19/2015. (LMF)
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| Filing 34 CORPORATE Disclosure Statement by Florida Petroleum Company LLC. (Lombardo, James) |
| Filing 33 CERTIFICATE of interested persons and corporate disclosure statement re #30 Interested persons order by Evans Energy Partners LLC. (Lombardo, James) |
| Filing 32 MOTION for entry of clerk's default against Robert E. Tardif as Trustee for the Bankruptcy Estate of Randy Murl Long by Federated Life Insurace Company. (Attachments: #1 Exhibit 1)(Gidus, Gregory) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 31 Fifth Third Bank's ANSWER to #20 Amended Complaint , CROSSCLAIM against E2 Real Estate LLC, Evans Energy Partners LLC, Evans Okeechobee LLC, Florida Petroleum Company LLC, KC Transportation LLC, Robert E. Tardif by Fifth Third Bank.(Hill, Patricia) |
| Filing 30 INTERESTED PERSONS ORDER as to Evans Energy Partners, LLC, Evans Okeechobee LLC and KC Tranportation LLC. Certificate of interested persons and corporate disclosure statement due by 12/23/2014. Signed by All Divisional Judges on 12/9/2014. (drn) |
| Filing 29 ANSWER and affirmative defenses to #20 Amended Complaint by KC Transportation LLC.(Lombardo, James) |
| Filing 28 ANSWER and affirmative defenses to #20 Amended Complaint by Evans Okeechobee LLC.(Lombardo, James) |
| Filing 27 ANSWER and affirmative defenses to #20 Amended Complaint by Florida Petroleum Company LLC.(Lombardo, James) |
| Filing 26 ANSWER and affirmative defenses to #20 Amended Complaint by Evans Energy Partners LLC.(Lombardo, James) |
| Filing 25 CASE MANAGEMENT REPORT. (Gidus, Gregory) |
| Filing 24 MOTION to Deposit Funds and for Discharge (PARTIALLY UNOPPOSED) by Federated Life Insurace Company. (Attachments: #1 Exhibit Composite A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Keener, Robin) |
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Filing 23
ENDORSED ORDER granting #22 Joint Motion to Waive the In-Person Meeting Requirement of Local Rule 3.05(c). For good cause shown and because the motion is jointly filed, the parties may conduct the case management conference telephonically. Signed by Magistrate Judge Carol Mirando on 12/2/2014.(ALB)
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| Filing 22 Joint MOTION to Appear Telephonically and to Waive the In-Person Meeting Requirement of Local Rule 3.05(C) by Fifth Third Bank, Florida Petroleum Company LLC, Evans Energy Partners LLC, KC Transportation LLC, E2 Real Estate LLC, Evans Okeechobee, LLC and by Federated Life Insurace Company. (Keener, Robin) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Fifth Third Bank. (Hill, Patricia) |
| Filing 20 AMENDED COMPLAINT for Interpleader against All Defendants filed by Federated Life Insurace Company. Related document: #1 Complaint filed by Federated Life Insurace Company. (Attachments: #1 Exhibit Composite A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Keener, Robin) |
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Filing 19
ENDORSED ORDER granting #16 Plaintiff, Federated Life Insurance Company's, Unopposed Motion for Leave to Amend Complaint for Interpleader to Add Evans Energy Partners LLC, KC Transportation LLC, E2 Real Estate LLC and Evans Okeechobee LLC as Defendants. For good cause shown and because the motion is unopposed, Plaintiff may amend its Complaint for Interpleader to add Defendants Evans Energy Partners LLC, KC Transportation LLC, E2 Real Estate LLC and Evans Okeechobee LLC. Plaintiff shall refile its proposed Amended Complaint for Interpleader as a separate entry in the docket. Signed by Magistrate Judge Carol Mirando on 11/24/2014.(ALB)
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| Filing 18 NOTICE of filing proposed amended complaint for interpleader by Federated Life Insurace Company re #16 Unopposed MOTION to Amend/Correct #1 Complaint to Add Evans Energy Partners LLC, KC Transportation LLC, E2 Real Estate LLC and Evans Okeechobee LLC as Defendants (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B)(Keener, Robin) Modified on 11/24/2014 to edit docket text (SLU). |
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Filing 17
ORDER taking under advisement #16 Plaintiff, Federated Life Insurance Company's, Unopposed Motion for Leave to Amend Complaint for Interpleader to Add Evans Energy Partners LLC, KC Transportation LLC, E2 Real Estate LLC and Evans Okeechobee LLC as Defendants. Plaintiff is directed to file the proposed amended complaint for interpleader on or before 12/1/2014. Signed by Magistrate Judge Carol Mirando on 11/21/2014.(ALB)
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| Filing 16 Unopposed MOTION to Amend/Correct #1 Complaint for Interpleader to Add Evans Energy Partners LLC, KC Transportation LLC, E2 Real Estate LLC and Evans Okeechobee LLC as Defendants by Federated Life Insurace Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2-A, #3 Exhibit 2-B)(Keener, Robin) |
| Filing 15 NOTICE canceling Preliminary Pretrial Conference hearing scheduled for 1/20/2015. (LMF) |
| Filing 14 NOTICE of hearing: Preliminary Pretrial Conference set for 1/20/2015 at 02:15 PM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Any motion or other filing pertaining to the Preliminary Pretrial Conference must be filed (3) three business days in advance of the hearing to ensure consideration. Any motion or other filing that is filed outside of this time will only be considered if good cause is shown for its late filing.(LMF) |
| Filing 13 RETURN of service executed on 10/21/14 by Federated Life Insurace Company as to Robert E. Tardif. (Keener, Robin) |
| Filing 12 NOTICE of hearing: Preliminary Pretrial Conference set for 2/2/2015 at 01:30 PM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Any motion or other filing pertaining to the Preliminary Pretrial Conference must be filed (3) three business days in advance of the hearing to ensure consideration. Any motion or other filing that is filed outside of this time will only be considered if good cause is shown for its late filing.(LMF) |
| Filing 11 INTERESTED PERSONS ORDER as to Florida Petroleum Company, LLC and Fifth Third Bank. Certificate of interested persons and corporate disclosure statement due by 11/26/2014. Signed by All Divisional Judges on 11/12/2014. (drn) |
| Filing 10 ANSWER to #1 Complaint , CROSSCLAIM against Federated Life Insurace Company, Florida Petroleum Company LLC, Robert E. Tardif by Fifth Third Bank. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Hill, Patricia) |
| Filing 9 ANSWER and affirmative defenses to #1 Complaint by Florida Petroleum Company LLC.(Lombardo, James) |
| Filing 8 RETURN of service executed on 10/17/2014 by Federated Life Insurace Company as to Florida Petroleum Company LLC. (Keener, Robin) |
| Filing 7 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Federated Life Insurace Company. Related case(s): no (Keener, Robin) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Federated Life Insurace Company. (Keener, Robin) |
| Filing 5 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/22/2014. Signed by All Divisional Judges on 10/8/2014. (bjw) |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/22/2014. Signed by Judge Sheri Polster Chappell on 10/8/2014. (bjw)
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| Filing 3 SUMMONS issued as to Fifth Third Bank, Florida Petroleum Company LLC, Robert E. Tardif. (SPB) |
| Filing 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 10/1/2014. (SPB) |
| Filing 1 COMPLAINT against Fifth Third Bank, Florida Petroleum Company LLC, Robert E. Tardif (Filing fee $ 400 receipt number FTM006738) filed by Federated Life Insurace Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Civil Cover Sheet)(RMT) |
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