Delaware Life Insurance Company v. Vieco et al
| Delaware Life Insurance Company |
| John E. Van Horn and Tammy Michelle Vieco |
| 1:2025cv22295 |
| May 20, 2025 |
| U.S. District Court for the Southern District of Florida |
| Enjolique A Lett |
| Kathleen M Williams |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on October 31, 2025. A more recent docket listing may be available from PACER.
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Filing 22
PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion for Extension of Time to File Stipulation of Dismissal (DE #21 ) ("Motion"). In the Motion, the Parties request an additional thirty (30) days for the Parties to file a joint stipulation of dismissal. Upon review of the Motion and the record, it is ORDERED AND ADJUDGED that the Motion (DE #21 ) is GRANTED. The Parties shall file a joint stipulation of dismissal on or before December 3, 2025. Signed by Judge Kathleen M. Williams on 10/31/2025. (cgd)
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| Filing 21 Joint MOTION for Extension of Time To File Stipulation of Dismissal re 20 Order Dismissing/Closing Case,,,,, by Delaware Life Insurance Company. Responses due by 11/13/2025. (Throckmorton, Charles) |
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Filing 20
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on the notice indicating that Defendants have reached a settlement in their underlying case, which is likely to moot this interpleader case when approved by the court presiding over that case in 60-90 days. (DE #19 .) Accordingly, it is ORDERED AND ADJUDGED that on or before November 3, 2025, the Parties shall file a joint stipulation of dismissal. If the Parties require an extension of time to file their joint stipulation of dismissal, they must move for an extension in compliance with the Court's Practices and Procedures. If the Parties wish for the Court to retain jurisdiction beyond the filing of their joint stipulation for enforcement of any settlement agreement between the Parties, they are advised that they must file the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective and self-executing upon the filing of the Parties' joint stipulation of dismissal. Id. All pending motions are DENIED AS MOOT. All hearings, trial settings, and deadlines are CANCELED. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 9/4/2025. (cgd)
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| Filing 19 NOTICE of Settlement (Provisional) Jointly Filed with Defendant Van Horn by Delaware Life Insurance Company (Throckmorton, Charles) |
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Filing 18
SCHEDULING ORDER: Jury Trial set for 9/21/2026 in Miami Division before Judge Kathleen M. Williams, Calendar Call set for 9/15/2026 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 8/26/2025. See attached document for full details. (blc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 17
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Enjolique A. Lett on 8/1/2025. See attached document for full details. (mwn)
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| Filing 16 Joint SCHEDULING REPORT - Rule 26(f) by Delaware Life Insurance Company (Throckmorton, Charles) |
| Filing 15 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2025-52A to Magistrate Judge Enjolique A. Lett. Ch. Magistrate Judge Jonathan Goodman no longer assigned to case. (mno) |
| Filing 14 RESPONSE in Opposition re #12 Defendant's MOTION to Dismiss #1 Complaint,,, or in the Alternative to Stay Proceedings or Remand and Consolidate and Incorporated Memorandum of Law filed by Delaware Life Insurance Company. Replies due by 8/1/2025. (Attachments: #1 Exhibit State Court Motion and Attachments)(Throckmorton, Charles) |
| Filing 13 NOTICE of Attorney Appearance by Anthony Accetta on behalf of Tammy Michelle Vieco. Attorney Anthony Accetta added to party Tammy Michelle Vieco(pty:dft). (Accetta, Anthony) |
| Filing 12 Defendant's MOTION to Dismiss #1 Complaint,,, or in the Alternative to Stay Proceedings or Remand and Consolidate and Incorporated Memorandum of Law by Tammy Michelle Vieco. Responses due by 7/25/2025. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Vazquez, Lazaro) |
| Filing 11 ANSWER to Complaint by John E. Van Horn. Attorney Corey Americo Bundza added to party John E. Van Horn(pty:dft). (Bundza, Corey) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Delaware Life Insurance Company. John E. Van Horn served on 6/12/2025, response/answer due 7/3/2025. (Attachments: #1 Affidavit Affidavit of Service)(Throckmorton, Charles) |
| Filing 9 PAPERLESS ORDER granting #8 Unopposed MOTION for Extension of Time to File Response to #1 Complaint by Tammy Michelle Vieco ("Vieco"). The instant motion is unopposed and complies with Judge Williams' 48-hour rule. See Judge Williams' Court Practices and Procedures (available at the Court's website: https://www.flsd.uscourts.gov/content/judge-kathleen-m-williams). Accordingly, Vieco will have until July 15, 2025 to file on CM/ECF her response to Plaintiff's #1 Complaint. Signed by Ch. Magistrate Judge Jonathan Goodman on 6/12/2025. (mkr) |
| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by Tammy Michelle Vieco. Attorney Lazaro Vazquez added to party Tammy Michelle Vieco(pty:dft). (Attachments: #1 Text of Proposed Order)(Vazquez, Lazaro) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Delaware Life Insurance Company. Tammy Michelle Vieco served on 6/4/2025, response/answer due 6/25/2025. (Attachments: #1 Affidavit Affidavit of Service)(Throckmorton, Charles) |
| Filing 6 Corporate Disclosure Statement by Delaware Life Insurance Company identifying Corporate Parent Group 1001 Insurance Holdings, LLC for Delaware Life Insurance Company (Throckmorton, Charles) |
| Filing 5 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Ch. Magistrate Judge Jonathan Goodman on 5/22/2025. See attached document for full details. (fbn) |
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. REFERRING CASE to Ch. Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Motions and all Discovery Matters. Signed by Judge Kathleen M. Williams on 5/21/2025. See attached document for full details. (jas)
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| Filing 3 Summons Issued as to John E. Van Horn, Tammy Michelle Vieco. (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (blc) |
| Filing 1 COMPLAINT for Interpleader Relief against All Defendants. Filing fees $ 405.00. Pay.gov Agency Tracking ID FLSDC-18465438, payment transferred from : 25cv22293 Delaware Life Insurance Company v. Tammy M. Vieco and John E. Van Horn, filed by Delaware Life Insurance Company. (Attachments: #1 Exhibit Exhibit 1 - Annuity Application, #2 Exhibit Exhibit 2 - Annuity Contract, #3 Exhibit Exhibit 3 - Correspondence re Guardianship, #4 Exhibit Exhibit 4 - Correspondence re POA, #5 Exhibit Exhibit 5 - Notice to Freeze Transfer of Assets, #6 Exhibit Exhibit 6 - Death Claim, #7 Exhibit Exhibit 7 - Correspondence from DLIC)(Throckmorton, Charles) (Main Document 1 replaced on 5/20/2025) (blc). (Additional attachment(s) added on 5/20/2025: #8 Civil Cover Sheet) (blc). (Additional attachment(s) added on 5/20/2025: #9 Summon(s)) (blc). |
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