The Lincoln National Life Insurance Company v. Merritt et al
| The Lincoln National Life Insurance Company |
| Kathy Webb |
| Sheryl Merritt |
| Charles Ross |
| 8:2022cv00294 |
| February 3, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| Defendant |
Docket Report
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This docket was last retrieved on March 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 Defendant, Kathy Webb's ANSWER and affirmative defenses to #1 Complaint , CROSSCLAIM for Declaratory Judgment against Sheryl Merritt by Kathy Webb.(Sellitti, Bo) |
Filing 30
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/29/2022. (MEJ)
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Filing 29
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #28), 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 3/29/2022. (MEJ)
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Filing 28
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 4/13/2023 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Jury Trial set for the May 2023 Trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 11/22/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 3/29/2022. (MEJ)
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| Filing 27 NOTICE of Appearance by Bo Kyung Sellitti on behalf of Kathy Webb (Sellitti, Bo) |
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Filing 26
ORDER granting in part and denying in part #23 Plaintiff The Lincoln National Life Insurance Company's Unopposed Motion to Deposit Funds into the Court's Registry and for Dismissal. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/29/2022. (SGM)
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| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement (received via the e-portal) by Kathy Webb. (BD) |
| Filing 24 NOTICE of compliance re #20 Order by The Lincoln National Life Insurance Company (Robisch, Kyle) |
| Filing 23 Unopposed MOTION for Interpleader Deposit (28 U.S.C. Section 1335) into the Court's Registry and for Dismissal and Incorporated Memorandum of Law in Support by The Lincoln National Life Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Plaintiff Lincoln National Life Insurance Company's Unopposed Motion to Deposit Funds into the Court's Registry and for Dismissal and Incorporated Memorandum of Law in Support)(Robisch, Kyle) |
| Filing 22 RETURN of service executed on 3/22/2022 by Sheryl Merritt as to Kathy Webb. (Ewusiak, Joel) |
| Filing 21 STATUS report concerning service of process on Kathy Webb by Sheryl Merritt. (Attachments: #1 Exhibit (Email exchange concerning service of crossclaim and summons))(Ewusiak, Joel) |
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Filing 20
ORDER: The parties are directed to comply with the Court's directives as contained in this Order. Signed by Judge Virginia M. Hernandez Covington on 3/18/2022. (SGM)
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| Filing 19 CASE MANAGEMENT REPORT. (Ewusiak, Joel) |
| Filing 18 SUMMONS issued as to Kathy Webb. (BES) |
| Filing 17 ANSWER to #1 Complaint with Jury Demand , CROSSCLAIM against Kathy Webb by Sheryl Merritt. (Attachments: #1 Exhibit 1 (Death Certificate), #2 Proposed Summons (Proposed Summons for Crossclaim))(Ewusiak, Joel) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Sheryl Merritt. (Ewusiak, Joel) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Sheryl Merritt. Related case(s): No (Ewusiak, Joel) |
| Filing 14 NOTICE of Appearance by Joel J. Ewusiak on behalf of Sheryl Merritt (Ewusiak, Joel) |
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Filing 13
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by March 18, 2022, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 2/16/2022. (SGM)
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| Filing 12 RETURN of service executed on 02/11/2022 by The Lincoln National Life Insurance Company as to Sheryl Merritt. (Robisch, Kyle) |
| Filing 11 RETURN of service executed on 02/09/2022 by The Lincoln National Life Insurance Company as to Kathy Webb. (BES) |
| Filing 10 AFFIDAVIT of Kathy Webb re: #1 Complaint by The Lincoln National Life Insurance Company. (Robisch, Kyle) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by The Lincoln National Life Insurance Company. Related case(s): No (Robisch, Kyle) |
| Filing 8 SUMMONS issued as to Sheryl Merritt and Kathy Webb. (BD) |
| Filing 7 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ) |
| Filing 6 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (MEJ) |
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Filing 5
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 2/4/2022. (MEJ)
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| Filing 4 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MEJ) |
| Filing 3 CORPORATE Disclosure Statement by The Lincoln National Life Insurance Company identifying Corporate Parent The Lincoln National Corporation for The Lincoln National Life Insurance Company. (Robisch, Kyle) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0294-VMC-SPF. (SJB) |
| Filing 1 COMPLAINT for Interpleader and Injunctive Relief against Sheryl Merritt, Kathy Webb (Filing fee $402 receipt number AFLMDC-19195340) filed by The Lincoln National Life Insurance Company. (Attachments: #1 Exhibit A to the Complaint, #2 Exhibit B to the Complaint, #3 Exhibit C to the Complaint, #4 Exhibit D to the Complaint, #5 Exhibit E to the Complaint, #6 Civil Cover Sheet, #7 Proposed Summons Sheryl Merritt, #8 Proposed Summons Kathy Webb)(Robisch, Kyle) Modified on 2/4/2022 to correct docket text (BD). |
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