Frank K. Mitchell, III et al v. Sun Life Assurance Company of Canada
| TIMOTHY A. MONAHAN-MITCHELL and FRANK K. MITCHELL, III |
| SUN LIFE ASSURANCE COMPANY OF CANADA |
| Barbara K. Zerby Irrevocable Trust, Dated August 27, 1999 |
| Gregory Holder and Peter J. Grilli |
| 8:2020cv02938 |
| December 9, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Insurance |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on January 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 ***STRICKEN; discovery notice attached; image removed.***NOTICE by Frank K. Mitchell, III, Timothy A. Monahan-Mitchell of Initial Rule 26 Disclosures. (Parpas, George) Modified text and image on 1/22/2021 (LNR). (LNR). |
Filing 19
ORDER appointing Gregory Holder as mediator in this action. The mediation conference is scheduled for March 18, 2021 at 12:00 PM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. Signed by Judge Virginia M. Hernandez Covington on 1/20/2021. (DMD)
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| Filing 18 NOTICE of mediation conference/hearing to be held on March 18, 2021 at 12:00 p.m. before Gregory Holder. (Parpas, George) |
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Filing 17
ENDORSED ORDER: In light of Mr. Grilli's unavailability (Doc. #16), the Court appoints Gregory Holder, of Zinober Diana & Monteverde P.A., to serve as mediator in this case. Notice of mediation due January 21, 2021. Signed by Judge Virginia M. Hernandez Covington on 1/15/2021. (DMD)
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| Filing 16 NOTICE by Frank K. Mitchell, III, Timothy A. Monahan-Mitchell; Notice of Mediation Status. (Parpas, George) |
| Filing 15 Answer REPLY to #12 Counterclaim by Frank K. Mitchell, III(as Co-Trustees of Barbara K. Zerby Irrevocable Trust, dated August 27, 1999), Timothy A. Monahan-Mitchell. Related document: #12 Amended Answer to ComplaintCounterclaim filed by Sun Life Assurance Company of Canada.(Parpas, George) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Sun Life Assurance Company of Canada identifying Corporate Parent Sun Life Financial, Inc. for Sun Life Assurance Company of Canada. (Pett, Kristina) |
| Filing 13 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Sun Life Assurance Company of Canada. Related case(s): yes (Pett, Kristina) |
| Filing 12 AMENDED ANSWER and Defenses to Complaint, and COUNTERCLAIM for Declaratory Relief and Interpleader against Frank K. Mitchell, III, Timothy A. Monahan-Mitchell by Sun Life Assurance Company of Canada, Sun Life Assurance Company of Canada. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - Application, #3 Exhibit C - Delivery Acknowledgment, #4 Exhibit D - Request for Alteration, #5 Exhibit E - Letters, #6 Exhibit F - Letters to Mr. Seitl)(Pett, Kristina) |
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Filing 11
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/28/2020. (TWL)
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Filing 10
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #9), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 12/28/2020. (TWL)
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Filing 9
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 12/9/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Bench Trial set for the January 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 8/13/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 12/28/2020. (TWL)
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| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #6 Case Management Report by Frank K. Mitchell, III identifying Corporate Parent Timothy A. Monahan-Mitchell, Corporate Parent Frank K. Mitchell for Frank K. Mitchell III. (Parpas, George) |
| Filing 7 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Frank K. Mitchell, III. Related case(s): no (Parpas, George) |
| Filing 6 CASE MANAGEMENT REPORT. (Parpas, George) |
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 12/16/2020. (TWL)
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| Filing 4 ANSWER and affirmative defenses to Complaint , COUNTERCLAIM for Declaratory Relief and Interpleader against Frank K. Mitchell, III, Timothy A. Monahan-Mitchell by Sun Life Assurance Company of Canada. (Attachments: #1 Exhibit A-1999 Trust Policy, #2 Exhibit B-Appointment of New Trustee, #3 Exhibit C-Delivery Acknowledgement, #4 Exhibit D-Request for Alterations, #5 Exhibit E-May 11, 2015 and May 13, 2015 letters, #6 Exhibit F-September 10, 2020 letter)(Pett, Kristina) Modified on 12/10/2020 (JLD). |
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 23, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 12/9/2020. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-2938-T-33JSS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court Sarasota County, case number 20-CA-4877 NC filed in State Court on November 16, 2020. Filing fee $ 402, receipt number 113A-17643880 filed by Sun Life Assurance Company of Canada. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 State Court Documents, #3 Exhibit 2 Frank K. Mitchell, III Composit Accurint Report, #4 Exhibit 3 Timothy A. Monahan-Mitchell Accurint Report)(Pett, Kristina) Modified on 12/10/2020 (JLD). |
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