Conseco Life Insurance Company v. Murphy-Moreno et al
Plaintiff: Conseco Life Insurance Company
Defendant: Victoria A. Murphy-Moreno, Richard R. Emery and Jeffrey R. Emery
Case Number: 6:2013cv00161
Filed: January 30, 2013
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Marion
Presiding Judge: Gregory J Kelly
Referring Judge: Gregory A Presnell
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 10, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2013 Opinion or Order Filing 36 ORDER granting #35 Motion for Disbursement of Funds. The judgment funds with a principle amount of $100,267.12 deposited into the registry of the Court, including all applicable interest and minus any registry fees, shall be disbursed to Defendants Jeffrey R. Emery and Richard R. Emery, in care of their attorneys at Baker & Hostetler, LLP, 200 S. Orange Avenue, Suite 2300, Orlando, FL 32801-3432. Signed by Judge Gregory A. Presnell on 7/10/2013. (NWH)
July 9, 2013 Filing 35 MOTION for Disbursement of Funds by Jeffrey R. Emery, Richard R. Emery. (Stump, Jacob)
July 3, 2013 Filing 34 JUDGMENT in favor of Jeffrey R. Emery, Richard R. Emery and against Conseco Life Insurance Company (Signed by Deputy Clerk) (IGC)
July 2, 2013 Opinion or Order Filing 33 ORDER granting #29 Motion for summary judgment. The Clerk is directed to enter judgment in favor of the Emerys with respect to the interpleaded funds in the amount of $100,267.12, to disperse said funds to Defendants Jeffrey R. Emery and Richard R. Emery, and to thereafter close the case. Signed by Judge Gregory A. Presnell on 7/2/2013. (NWH)
July 1, 2013 Opinion or Order Filing 32 ENDORSED ORDER granting #31 Motion to dispense with case management conference in light of the absence of other parties. Signed by Judge Gregory A. Presnell on 7/1/2013. (NWH)
June 27, 2013 Filing 31 MOTION to stay case management conference and filing of case management report by Jeffrey R. Emery, Richard R. Emery. (Stump, Jacob)
June 12, 2013 Opinion or Order Filing 30 ORDER in light of funds deposited pursuant to#22 Order on Motion to Deposit Funds, Plaintiff Conseco Life Insurance Company is discharged from liability and dismissed as a party. The clerk is directed to terminate this party. Signed by Judge Gregory A. Presnell on 6/12/2013. (TKW)
June 11, 2013 Filing 29 MOTION for summary judgment as to interpleaded funds by Jeffrey R. Emery, Richard R. Emery. (Stump, Jacob)
June 6, 2013 Filing 28 RESPONSE TO ORDER TO SHOW CAUSE re #24 Order to show cause filed by Conseco Life Insurance Company. (Koleos, Daniel)
June 5, 2013 Opinion or Order Filing 27 ORDER re #26 Stipulation of Dismissal filed by Richard R. Emery, Jeffrey R. Emery that the Emerys' Counterclaim against Conseco is dismissed without prejudice, each party to bear its own fees and costs. Any pending motions as to this Counterclaim are DENIED as moot. Signed by Judge Gregory A. Presnell on 6/5/2013. (TKW)
June 4, 2013 Filing 26 STIPULATION of Dismissal without prejudice by Jeffrey R. Emery, Richard R. Emery. (Stump, Jacob)
May 29, 2013 Filing 25 Clerk's ENTRY OF DEFAULT as to cross-claim defendant Victoria A. Murphy-Moreno (JET)
May 29, 2013 Opinion or Order Filing 24 ORDER for Plaintiff to show cause why this case should not be dismissed pursuant to Local Rule 3.10 for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by Local Rule 3.05. Show Cause Response due by 6/12/2013. Signed by Judge Gregory A. Presnell on 5/29/2013. Copies mailed.(LAM)
May 28, 2013 Filing 23 MOTION for entry of Clerk's default against Victoria A. Murphy-Moreno with regard to the cross-claim for failure to file or serve any responsive pleading by Jeffrey R. Emery, Richard R. Emery; return of service filed at #14 attached as exhibit. (Stump, Jacob) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 5/29/2013 (JET).
April 12, 2013 FEES Deposited into Registry of the Court by Conseco Life Insurance Company (Filing fee $100,267.12, receipt number ORL24593) re #22 Order. (IGC)
April 11, 2013 Opinion or Order Filing 22 ORDER granting #21 Motion to Deposit Funds. Plaintiff shall deposit the disputed proceeds into the registry of the Court, following which Plaintiff shall be discharged from any further obligation under the insurance policy. Signed by Judge Gregory A. Presnell on 4/11/2013. (TKW)
April 10, 2013 Filing 21 Unopposed MOTION to Deposit Funds ; Unopposed Amended Motion for Order to Deposit Funds by Conseco Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Koleos, Daniel)
April 5, 2013 Opinion or Order Filing 20 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #19 Motion to Deposit Funds. Signed by Judge Gregory A. Presnell on 4/5/2013. (Presnell, Gregory)
April 4, 2013 Filing 19 MOTION to Deposit Funds ; Motion for Order to Deposit Funds by Conseco Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Koleos, Daniel)
April 4, 2013 Filing 18 Clerk's ENTRY OF DEFAULT as to Victoria A. Murphy-Moreno (IGC)
April 3, 2013 Filing 17 RETURN of service executed on 2/23/13 by Conseco Life Insurance Company as to Victoria A. Murphy-Moreno. (IGC)
April 3, 2013 Filing 16 MOTION for entry of clerk's default against Victoria A. Murphy-Moreno by Conseco Life Insurance Company. (Koleos, Daniel) Motions referred to Magistrate Judge Gregory J. Kelly.
April 3, 2013 Filing 15 NOTICE by Conseco Life Insurance Company ; Notice of Filing Verified Return of Service (Koleos, Daniel) Redocketed at document no. 17 Modified on 4/4/2013 (IGC).
April 3, 2013 Filing 14 RETURN of service executed on 3/27/13 by Jeffrey R. Emery, Richard R. Emery as to Victoria A. Murphy-Moreno. (Stump, Jacob)
April 2, 2013 Filing 13 PROOF of service by Jeffrey R. Emery, Richard R. Emery (Stump, Jacob) (Contacted attorney to refile using correct event) Modified on 4/3/2013 (JEV).
March 28, 2013 Filing 12 ANSWER to #10 Counterclaim by Conseco Life Insurance Company.(Koleos, Daniel) Modified on 3/29/2013 (LAK).
March 13, 2013 Filing 11 SUMMONS issued as to Victoria A. Murphy-Moreno (cross claim defendant). (JEV)
March 8, 2013 Filing 10 ANSWER and affirmative defenses to #1 Complaint for Interpleader, CROSSCLAIM against Victoria A. Murphy-Moreno, COUNTERCLAIM against Conseco Life Insurance Company by Jeffrey R. Emery, Richard R. Emery.(Stump, Jacob)
March 8, 2013 Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Jeffrey R. Emery, Richard R. Emery. (Stump, Jacob)
March 8, 2013 Filing 8 NOTICE of Appearance by Jacob R. Stump on behalf of Jeffrey R. Emery, Richard R. Emery (Stump, Jacob)
February 13, 2013 Filing 7 NOTICE to counsel Daniel J. Koleos of Local Rule 2.01 (signed by deputy clerk). (AA)
February 11, 2013 Filing 6 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Conseco Life Insurance Company. Related case(s): no (Koleos, Daniel)
February 11, 2013 Filing 5 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Conseco Life Insurance Company identifying Corporate Parent CNO Financial Group, Inc., Other Affiliate CDOC, Inc. for Conseco Life Insurance Company.. (Koleos, Daniel)
January 31, 2013 Opinion or Order Filing 4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/14/2013. Signed by Judge Gregory A. Presnell on 1/31/2013. Copies mailed.(LAM)
January 31, 2013 Opinion or Order Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/14/2013. Signed by Judge Gregory A. Presnell on 1/31/2013. Copies mailed.(LAM)
January 30, 2013 Filing 2 SUMMONS issued as to Jeffrey R. Emery, Richard R. Emery, Victoria A. Murphy-Moreno. (AA)
January 30, 2013 Filing 1 COMPLAINT against All Defendants (Filing fee $ 350 receipt number ORL-22737) filed by Conseco Life Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A thru H)(AA)

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Defendant: Victoria A. Murphy-Moreno
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Defendant: Richard R. Emery
Represented By: Jacob R. Stump
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Defendant: Jeffrey R. Emery
Represented By: Jacob R. Stump
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Plaintiff: Conseco Life Insurance Company
Represented By: Daniel J. Koleos
Represented By: Leonard Blumenthal
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