NATIONAL GENERAL ASSURANCE COMPANY v. LANGEHENNING et al
| NATIONAL GENERAL INSURANCE COMPANY and NATIONAL GENERAL ASSURANCE COMPANY |
| LAUNA KAY VOSMERAL, KIMBERLY ANN MOLYNEAUX, MAXINE ELIZABETH GREEN, MATTHEW TERRANCE KOLIFRATH, SHANE MCDONALD, CARY THOMAS LANGEHENNING, WELLS FARGO CLEARING SERVICES LLC doing business as WELLS FARGO and CARY THOMAS LANGEHENNIG |
| 3:2021cv00242 |
| February 12, 2021 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| T KENT WETHERELL |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 12, 2021. A more recent docket listing may be available from PACER.
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Filing 45
ORDER. Plaintiff's motion for entry of default against Defendant Vosmera (Doc. #32 ) is DENIED. The Default entered by the Clerk against Defendant McDonald (Doc. #28 ) is VACATED. The order to show cause (Doc. #41 ) is discharged and the answer filed by Defendants Vosmera and McDonald (Doc. #36 ) is deemed to have been timely filed. Signed by JUDGE T KENT WETHERELL II on 4/12/2021. (mb)
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| Filing 44 ANSWER to #3 Amended Complaint, and Affirmative Defenses by WELLS FARGO CLEARING SERVICES LLC. (LIEBLER, JAMES) |
| Filing 43 RESPONSE by SHANE MCDONALD, LAUNA KAY VOSMERAL re #41 Order to Show Cause,, . (Attachments: #1 Exhibit EMAIL) (ZARZAUR, JOSEPH) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #43 MEMORANDUM in Opposition re #40 MOTION to Dismiss Count II of the GAC Contractors Counterclaim filed by GAC CONTRACTORS INC. (mb) |
| Filing 42 Clerk's ENTRY OF DEFAULT as to CARY THOMAS LANGEHENNIG re #40 ORDER ON MOTION FOR CONSENT JUDGMENT. (jcw) |
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Filing 41
ORDER re #32 MOTION for Entry of Default; #36 Answer - Within 7 days (4/9/2021) from the date of this Order, Defendant Vosmera shall respond to the motion for entry of default against her, and she and Defendant McDonald shall show cause why the answer should not be stricken because it is untimely and because a default was entered against Defendant McDonald. Plaintiff's reply (Doc. #38 ) is STRICKEN as unauthorized. Signed by JUDGE T KENT WETHERELL II on 4/2/2021. (jcw)
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Filing 40
ORDER ON MOTION FOR CONSENT JUDGMENT - Accordingly, for the reasons stated above, it is ORDERED that Plaintiff's motion for entry of a consent judgment against Mr. Langehennig (Doc. #18 ) is DENIED without prejudice, but because Mr. Langehennig has failed to plead or otherwise defend against the amended complaint, it is FURTHER ORDERED that the Clerk shall enter a default against Mr. Langehennig pursuant to Rule 55(a). Signed by JUDGE T KENT WETHERELL II on 4/2/2021. (jcw)
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| Filing 39 Clerk's ENTRY OF DEFAULT as to MATTHEW TERRANCE KOLIFRATH. (jcw) |
| Filing 38 ***STRICKEN PER #41 ORDER*** REPLY by NATIONAL GENERAL ASSURANCE COMPANY re #36 Answer to Amended Complaint Reply to Affirmative Defenses. (AVARELLO, ALEXANDER) Modified on 4/2/2021 (jcw). |
| Filing 37 APPLICATION for Clerk's Entry of Default as to Matthew Terrance Kolifrath as Personal Rep Estate Donald Jay Evans. (AVARELLO, ALEXANDER) |
| Filing 36 ANSWER to #3 Amended Complaint, by SHANE MCDONALD, LAUNA KAY VOSMERAL. (ZARZAUR, JOSEPH) |
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Filing 35
ORDER CORRECTING SCRIVENER'S ERROR re #33 Plaintiff's MOTION to Amend. The motion to amend is GRANTED, and the scrivener's error in the amended complaint described above is corrected nunc pro tunc to the date the original complaint was filed. The Clerk shall update the docket to reflect the correct spelling of Defendant Langehennig's last name. Signed by JUDGE T KENT WETHERELL II on 4/1/2021. (mb)
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Filing 34
ORDER GRANTING EXTENSION OF TIME. Defendant Wells Fargo's motion for extension of time (Doc. #29 ), is GRANTED, and Wells Fargo shall have until April 9, 2021, to answer or otherwise respond to the amended complaint. (Answer due by 4/9/2021.) Signed by JUDGE T KENT WETHERELL II on 3/31/2021. (mb)
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| Filing 33 MOTION to Amend/Correct Motion to Amend Name by Interlineation by NATIONAL GENERAL ASSURANCE COMPANY. (AVARELLO, ALEXANDER) |
| Filing 32 MOTION for Entry of Default Luana Kay Vosmera as personal representative of the estate of Christopher Michael McDonald by NATIONAL GENERAL ASSURANCE COMPANY. (AVARELLO, ALEXANDER) |
| Filing 31 NOTICE Transcript of Examination Under Oath of Cary Langehenning by NATIONAL GENERAL ASSURANCE COMPANY (AVARELLO, ALEXANDER) |
| Filing 30 RESPONSE by NATIONAL GENERAL ASSURANCE COMPANY re #23 Order,,, Set Deadlines/Hearings,, Additional Briefing regarding Final Consent Judgment against Cary Langehenning. (AVARELLO, ALEXANDER) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #29 Second MOTION to Extend Timeto Respond to Plaintiff's Amended Complaint (DE #3 ), #30 RESPONSE by NATIONAL GENERAL ASSURANCE COMPANY re #23 Order, #32 MOTION for Entry of Default Luana Kay Vosmera as personal representative of the estate of Christopher Michael McDonald, #33 MOTION to Amend/Correct Motion to Amend Name by Interlineation. (mb) |
| Filing 29 Second MOTION to Extend Timeto Respond to Plaintiff's Amended Complaint (DE 3) by WELLS FARGO CLEARING SERVICES LLC. (LIEBLER, JAMES) |
| Filing 28 VACATED per #45 ORDER. Clerk's ENTRY OF DEFAULT as to SHANE MCDONALD re #26 APPLICATION for Clerk's Entry of Default as to Shane McDonald. (mb) Modified on 4/12/2021 (mb). |
| Filing 27 Clerk's ENTRY OF DEFAULT as to MAXINE ELIZABETH GREEN re #25 APPLICATION for Clerk's Entry of Default as to Maxine Elizabeth Green. (mb) |
| Filing 26 APPLICATION for Clerk's Entry of Default as to Shane McDonald. (AVARELLO, ALEXANDER) |
| Filing 25 APPLICATION for Clerk's Entry of Default as to Maxine Elizabeth Green. (AVARELLO, ALEXANDER) |
| Filing 24 AFFIDAVIT by NATIONAL GENERAL ASSURANCE COMPANY. (Attachments: #1 Affidavit Non-Military Affidavit) (AVARELLO, ALEXANDER) |
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Filing 23
ORDER REQUIRING ADDITIONAL BRIEFING. That within 7 days from the date of this Order, Plaintiff and Mr. Langehenning shall explain what will remain of the case if the requested consent judgment is entered, how (if at all) the requested consent judgment will impact the other defendants, and what authority the Court has to enter such a judgment without the other defendants input and/or joinder. The other defendants may file responses indicating their positions on the motion by that same deadline. (Internal deadline for referral to judge if response not filed earlier: 3/30/2021).) Signed by JUDGE T KENT WETHERELL II on 3/23/2021. (mb)
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| Filing 22 Corporate Disclosure Statement/Certificate of Interested Persons by WELLS FARGO CLEARING SERVICES LLC identifying Other Affiliate WELLS FARGO & COMPANY, Other Affiliate Wachovia Securities Financial Holdings, LLC, Other Affiliate EVEREN Capital Corporation, Other Affiliate WFC Holdings, LLC for WELLS FARGO CLEARING SERVICES LLC.. (LIEBLER, JAMES) |
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Filing 21
ORDER GRANTING EXTENSION OF TIME re #20 Defendant WELLS FARGO's Motion. That the motion is GRANTED, and Wells Fargo shall have until March 31, 2021, to answer or otherwise respond to the amended complaint. (Answer due by 3/31/2021.) Signed by JUDGE T KENT WETHERELL II on 3/17/2021. (mb)
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| Filing 20 MOTION For Extension Of Time to Respond to Plaintiff's Amended Complaint (DE #3 ) by WELLS FARGO CLEARING SERVICES LLC. (LIEBLER, JAMES) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #17 Stipulation Of Defendant, CARY THOMAS LANGEHENNING, For Consent Judgment, #18 MOTION to Approve Consent Judgment, #20 MOTION For Extension Of Time to Respond to Plaintiff's Amended Complaint (DE #3 ) by WELLS FARGO CLEARING SERVICES LLC. (mb) |
| Filing 19 Corporate Disclosure Statement/Certificate of Interested Persons by NATIONAL GENERAL ASSURANCE COMPANY. (AVARELLO, ALEXANDER) |
| Filing 18 MOTION to Approve Consent Judgment by NATIONAL GENERAL ASSURANCE COMPANY. (AVARELLO, ALEXANDER) |
| Filing 17 STIPULATION Of Defendant, CARY THOMAS LANGEHENNING, For Consent Judgment, by NATIONAL GENERAL ASSURANCE COMPANY. (AVARELLO, ALEXANDER) |
| Filing 16 AFFIDAVIT of Service for Summons and Complaint , filed by NATIONAL GENERAL ASSURANCE COMPANY. (Attachments: #1 Affidavit) (AVARELLO, ALEXANDER) |
| Filing 15 AFFIDAVIT of Service for Summons and Complaint served on Matthew Terrance Kolifrath on 3/10/2021, filed by NATIONAL GENERAL ASSURANCE COMPANY. (Attachments: #1 Affidavit) (AVARELLO, ALEXANDER) |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint served on Cary Langegenning on 3/4/2021, filed by NATIONAL GENERAL ASSURANCE COMPANY. (Attachments: #1 Affidavit) (AVARELLO, ALEXANDER) |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint served on Maxine Elizabeth Green on 2/26/2021, filed by NATIONAL GENERAL ASSURANCE COMPANY. (Attachments: #1 Affidavit) (AVARELLO, ALEXANDER) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Launa Kay Vosmera on 2/27/2021, filed by NATIONAL GENERAL ASSURANCE COMPANY. (Attachments: #1 Affidavit) (AVARELLO, ALEXANDER) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on Shane McDonald on 2/27/2021, filed by NATIONAL GENERAL ASSURANCE COMPANY. (Attachments: #1 Affidavit) (AVARELLO, ALEXANDER) |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint served on Wells Fargo on 2/24/2021, filed by NATIONAL GENERAL ASSURANCE COMPANY. (Attachments: #1 Affidavit) (AVARELLO, ALEXANDER) |
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Filing 9
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/19/2021. Rule 26 Meeting Report due by 4/19/2021. Discovery due by 7/1/2021. Signed by JUDGE T KENT WETHERELL II on 3/5/2021. (mb)
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| Filing 8 NOTICE of Appearance by JAMES RANDOLPH LIEBLER, II on behalf of WELLS FARGO CLEARING SERVICES LLC (LIEBLER, JAMES) |
| Filing 7 Summons Issued as to CARY THOMAS LANGEHENNING. (Attachments: #1 KIMBERLY ANN MOLYNEAUX AS PARENT OF MINOR HM, #2 KIMBERLY ANN MOLYNEAUX, #3 LAURA KAY VOSMERA, #4 MATTHEW TERRANCE KOLIFRATH, #5 MAXINE GREEN, #6 SHANE MCDONALD, #7 WELLS FARGO). (mb) |
| Filing 6 Filing fee: $ 402.00, receipt number FLN3-14386. Fee status updated to paid. (mb) |
| Filing 5 CIVIL COVER SHEET. (AVARELLO, ALEXANDER) |
| Filing 4 DOCKET ANNOTATION BY COURT: Pursuant to N.D. Fla. Loc. R. 5.1(E), a complete and executed Civil Cover Sheet is required in each civil case filed. Please file the civil cover sheet using the event selection "Civil Cover Sheet" which is found under "Other Filings," "Other Documents." (mb) |
| Filing 3 First AMENDED COMPLAINT National General Assurance Company against All Defendants, filed by NATIONAL GENERAL INSURANCE COMPANY. (Attachments: #1 summons-Green, #2 Summons-McDonald, #3 summons-Wells Fargo, #4 summons-Launa, #5 summons-Matthew, #6 summons-K as parent, #7 summons-Kimberly, #8 summons-Cary) (AVARELLO, ALEXANDER) |
| Filing 2 DOCKET ANNOTATION BY COURT: The parties in the above-referenced case were added to the docket incorrectly and will be corrected by the clerk. Party names are to be entered in all caps and without punctuation. For future reference: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or chapter 10 of the "CM/ECF Attorney User's Guide," available at www.flnd.uscourts.gov. (mb) |
| Filing 1 COMPLAINT against Maxine Elizabeth Green, Matthew Terrance Kolifrath, Cary Thomas Langehenning, Shane McDonald, Kimberly Ann Molyneaux - AS THE PARENT, NATURAL AND LEGAL GUARDIAN OF HTM, A MINOR, Launa Kay Vosmera, Wells Fargo Clearing Services, LLC d/b/a Wells Fargo, filed by NATIONAL GENERAL INSURANCE COMPANY. (AVARELLO, ALEXANDER) |
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