New York Life Insurance and Annuity Corporation v. Gerth et al
| New York Life Insurance and Annuity Corporation |
| Ellen Gross Gerth, Thomas J. Gross and Abby Baumgartner |
| 8:2012cv01954 |
| August 28, 2012 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Mark A. Pizzo |
| James S. Moody |
| Insurance |
| 28 U.S.C. ยง 1335 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
115
ORDER: This Court's Order (Dkt. #113) entered on July 22, 2015, is VACATED. The Amended Joint Motion to Distribute Funds in Court's Registry (Dkt. #114) is GRANTED. The Clerk is directed to distribute the funds in the amount of $ ;2,428.38 deposited by Plaintiff to Defendant Ellen Gross Gerth via check made payable to the Law Firm of Sivyer Barlow & Watson, P.A. and deliver same to: Sivyer Barlow & Watson, P.A., c/o Mahlon H. Barlow, 401 East Jackson Street, Suite #2225, Tampa, FL 33602. Signed by Judge James S. Moody, Jr on 7/27/2015. (LN)
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Filing
108
ORDER: The Joint Motion to Distribute Funds in Court's Registry (Dkt. 106) is GRANTED. The Clerk is directed to immediately disburse all of the funds in the Court's registry to Sivyer Barlow & Watson, P.A at the following address: Sivyer Barlow & Watson, P.A., c/o Mahlon H. Barlow, 401 East Jackson St., Suite 2225, Tampa, FL 33602. This case shall remain closed. Signed by Judge James S. Moody, Jr on 9/10/2014. (LN)
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Filing
100
ORDER: Judgment is entered in Ellen Gross Gerth's favor. Gerth is entitled to a 100 percent distribution of all interpled funds held in the Court's registry in this matter. The Court will not permit the distribution of any funds until a fter the expiration of Abby Baumgartner's right to appeal. If Baumgartner does not file a notice of appeal during the relevant time, Gerth shall file a notice with the Court indicating same and include directions related to the distribution of the funds. If Baumgartner elects to appeal the Court's ruling, the funds will be held in the Court's registry until the conclusion of the appeal. The Clerk is directed to administratively close this case. Signed by Judge James S. Moody, Jr on 5/23/2014. (LN)
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Filing
97
ORDER: Thomas J. Gross' Motion to Withdraw Claim to Interpled Funds (Dkt. 96) is granted to the extent that his claims to the interpled funds are hereby withdrawn. Ellen Gross Gerth and Abby Baumgarnter shall file a notice with the Court with in fourteen (14) days of this Order stating how they would like the Court to proceed with respect to the disbursement of the interpled funds. Ellen Gross Gerth's Motion to Compel (Dkt. 93) is denied as moot. Signed by Judge James S. Moody, Jr on 5/2/2014. (LN)
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Filing
42
ORDER: The Motion to Intervene and for Leave to File Complaint for Interpleader filed by TIAA-CREF Individual & Institutional Services, LLC 41 is GRANTED. TIAA-CREF shall file its complaint for interpleader attached to its Motion as Exhibit A. The parties shall file a response to TIAA-CREF's complaint for interpleader within 14 days of the filing of same. Signed by Judge James S. Moody, Jr on 8/16/2013. (LN)
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Filing
40
ORDER: Crossclaimant Ellen Gross Gerth's Motion to Stay 36 is denied. Crossclaimant Ellen Gross Gerth's Motion for Enlargement of Time to Respond to Discovery 37 is granted only to the extent that Gerth's deadline to respond to any outstanding discovery is extended to 60 days from the date of this Order. Signed by Judge James S. Moody, Jr on 8/6/2013. (LN)
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Filing
32
ORDER: Plaintiff is awarded $5,403.70 for attorneys' fees, costs, and expenses incurred in connection with the filing of this case, which shall be paid forthwith from the registry monies. The Clerk shall make all the necessary steps to d isburse from the registry monies to Plaintiff's counsel, Brandon Paul Faulkner and Charles Wachter of Holland & Knight, LLP, at 100 N Tampa St - Ste 4100, PO Box 1288, Tampa, FL 33602, the amount of $5,403.70 for attorneys' fees, costs, and expenses. Signed by Judge James S. Moody, Jr on 6/17/2013. (LN)
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Filing
27
ORDER: Plaintiff's Motion for Interpleader and Award of Attorney's Fees 21 is granted. Plaintiff shall deposit the disputed proceeds that are the subject of the amended complaint, and any applicable interest, into the Registry of the C ourt within 14 days. The Clerk is directed to deposit the funds into a special interest bearing account. Plaintiff is discharged from any and all liability to Defendants in connection with the amounts paid into the Court's registry. Defendant s are enjoined and restrained from initiating any proceeding against Plaintiff regarding the amounts paid into the Court's registry. Plaintiff is dismissed from this action with prejudice, with the Court reserving jurisdiction to determine the amount of recoverable attorney's fees and costs. Plaintiff shall file an affidavit, setting forth its fees and costs and attaching any related time sheets or invoices within 14 days of this Order. Defendants Ellen Gross Gerth and Abby Baumgart ner shall file an answer to the amended complaint within 14 days. Failure to file an answer by that time may result in the Court awarding the benefits of the annuities to Defendant Thomas J. Gross without further notice. Signed by Judge James S. Moody, Jr on 6/3/2013. (LN)
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