Pacific Life Insurance Company v. Ffrench et al
| Pacific Life Insurance Company |
| Michael S Ffrench, Brian P Ffrench, Eileen T Ffrench and Robert J Ffrench |
| 9:2020cv80035 |
| January 10, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 28 U.S.C. § 1335 |
| Defendant |
Docket Report
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This docket was last retrieved on January 16, 2020. A more recent docket listing may be available from PACER.
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Filing 63
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 2/18/2020., Discovery due by 6/8/2020., Joinder of Parties due by 2/18/2020., In Limine Motions due by 6/29/2020., Dispositive Motions due by 6/29/2020., Motions due by 6/29/2020., Pretrial Stipulation due by 8/3/2020., Jury Trial set for 8/31/2020 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 8/26/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 1/16/2020. See attached document for full details. (jao) #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 62
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 8/31/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/26/2020 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 1/15/2020. See attached document for full details. (jao) #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 61 Bar Letter re: Admissions sent to attorney Corey Thomas Hickman, James John Stamos, Benjamin F. Klimek, Owen P. Quinn, Marion B. Adler, Justin C. Kanter, Peter Antonio Gaido, mailing date January 10, 2020, (pt) |
| Filing 60 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) |
| Filing 59 Case transferred in from Illinois Northern; Case Number 1:18-cv-08163. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 58 TRANSFERRED to the U.S.D.C. for the Southern District of Florida the electronic record. (pk, ) |
| Filing 56 MINUTE entry before the Honorable John J. Tharp, Jr:Motion hearing held. Motion for distribution of funds held with the court registry #54 is denied without prejudice. Documentation of the court's distribution of the Pacific Life Annuity funds to Eileen Ffrench was tendered to counsel for defendant Eileen Ffrench in open court. Mailed notice (air, ) |
| Filing 55 NOTICE of Motion by Owen P Quinn for presentment of motion for disbursement of funds #54 before Honorable John J. Tharp Jr. on 12/19/2019 at 09:00 AM. (Quinn, Owen) |
| Filing 54 MOTION by Defendant Eileen T Ffrench for disbursement of funds HELD WITH THE COURT REGISTRY (Quinn, Owen) |
| Filing 53 ATTORNEY Appearance for Defendant Eileen T Ffrench by Owen P Quinn (Quinn, Owen) |
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Filing 57
ORDER: The Clerk is directed to transfer this case, withdraw any funds deposited by plaintiff Pacific Life into Court's registry, principal plus any earned interest and forward to the United States District Court for the Southern District of Florida. Signed by the Honorable John J. Tharp, Jr on 11/15/2019. Mailed notice. (Received for docketing on 1/10/2020) (pk, )
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| ELECTRONIC Acknowledgement of case transferred to the Southern District of Florida as case 9:19-cv-80832, filed 06/25/2019. (jjr, ) |
| Filing 52 TRANSFERRED to the Southern District of Florida the electronic record. (las, ) |
| Filing 51 MINUTE entry before the Honorable John J. Tharp, Jr: Defendant Eileen T. Ffrench's unopposed motion to extend time to respond to Brian Ffrench's cross-claim and Robert Ffrench's motion to dismiss #44 and Defendant Michael S. Ffrenchs unopposed motion to extend time to respond to Brian Ffrench's cross-claim and Robert Ffrench's motion to dismiss #49 are granted. No hearing on the motions is required. Based on the motions, which represent that the parties agree to the transfer of this case to the Southern District of Florida, the Court also grants defendant Brian Ffrench's motion to transfer the case #37 . The Clerk is directed to transfer this case (and all funds deposited by plaintiff Pacific Life into the Court's registry) to the United States District Court for the Southern District of Florida. Defendants Eileen T. Ffrench and Michael S. Ffrench's responses to Brian Ffrench's cross-claim and Robert Ffrench's motion to dismiss are due 30 days following the date the parties receive notice that the Clerk of Court for the Southern District of Florida has assigned the transferred action a case number and district judge. (This briefing schedule is, of course, subject to modification by the transferee court.) Mailed notice (air, ) |
| ***Civil Case Terminated. (air, ) |
| Filing 50 NOTICE of Motion by Peter Antonio Gaido for presentment of motion for extension of time to file answer #49 before Honorable John J. Tharp Jr. on 6/13/2019 at 09:00 AM. (Gaido, Peter) |
| Filing 49 MOTION by Defendant Michael S Ffrench, Cross Defendant Michael S Ffrench for extension of time to file answer (Gaido, Peter) |
| Filing 48 RE NOTICE of Motion by Benjamin F. Klimek for presentment of extension of time #44 before Honorable John J. Tharp Jr. on 6/13/2019 at 09:00 AM. (Klimek, Benjamin) |
| Filing 47 MINUTE entry before the Honorable John J. Tharp, Jr: Defendant Eileen T. Ffrench's unopposed motion to extend time to respond to Brian Ffrench's cross-claim and Robert Ffrench's motion to dismiss #44 will not be heard on 6/6 as noticed at #46 . The parties are directed to call the courtroom deputy for rescheduling. Mailed notice (air, ) |
| Filing 46 NOTICE of Motion by Benjamin F. Klimek for presentment of extension of time #44 before Honorable John J. Tharp Jr. on 6/6/2019 at 09:00 AM. (Klimek, Benjamin) |
| Filing 45 RESPONSE by Eileen T Ffrench to MOTION by Defendant Brian P Ffrench to transfer case to Southern District of Florida pursuant to 28 USC 1404(a) #37 (Klimek, Benjamin) |
| Filing 44 MOTION by Defendant Eileen T Ffrench for extension of time to respond to Brian Ffrench's Cross Claim and Robert Ffrench's Motion to Dismiss (unopposed) (Klimek, Benjamin) |
| Filing 43 ATTORNEY Appearance for Defendant Michael S Ffrench, Cross Defendant Michael S Ffrench by Justin C. Kanter (Kanter, Justin) |
| Filing 42 ATTORNEY Appearance for Defendant Michael S Ffrench, Cross Defendant Michael S Ffrench by Peter Antonio Gaido (Gaido, Peter) |
| Filing 41 MINUTE entry before the Honorable John J. Tharp, Jr:Status and motion hearing held. Cross-Defendant Eileen T. Ffrench's response to the cross-claim of Brian P. Ffrench #32 ; response to Robert Ffrench's motion to dismiss #33 ; and response to Brian Ffrench's motion to transfer #37 are due by 5/27/19. Replies are due by 6/19/19. Without objection, Pacific Life's motion for discharge #35 is granted. Any further MIDP disclosures are deferred pending further order. Mailed notice (air, ) |
| Filing 40 MINUTE entry before the Honorable John J. Tharp, Jr: Defendant Brian Ffrench's motion to transfer case to the Southern District of Florida pursuant to 28 U.S.C. 1404(a) #37 will be heard on 5/8/19 at 9:00 a.m. along with the other motions noticed for that date, not on 5/9/19 as noticed. Mailed notice (mw, ) |
| Filing 39 NOTICE of Motion by Marion B. Adler for presentment of motion to transfer case #37 before Honorable John J. Tharp Jr. on 5/9/2019 at 09:00 AM. (Adler, Marion) |
| Filing 38 MEMORANDUM by Brian P Ffrench in support of motion to transfer case #37 (Attachments: #1 Appendix of Exhibits)(Adler, Marion) |
| Filing 37 MOTION by Defendant Brian P Ffrench to transfer case to Southern District of Florida pursuant to 28 USC 1404(a) (Adler, Marion) |
| Filing 36 NOTICE of Motion by Corey Thomas Hickman for presentment of motion for miscellaneous relief #35 before Honorable John J. Tharp Jr. on 5/8/2019 at 09:00 AM. (Hickman, Corey) |
| Filing 35 MOTION by Plaintiff Pacific Life Insurance Company for Discharge and for Dismissal from this Case (Hickman, Corey) |
| SUMMONS Issued as to Cross Defendant Michael S Ffrench (mc, ) |
| Filing 34 NOTICE of Motion by Marion B. Adler for presentment of motion to dismiss/lack of jurisdiction #33 before Honorable John J. Tharp Jr. on 5/8/2019 at 09:00 AM. (Adler, Marion) |
| Filing 33 MOTION by Defendant Robert J Ffrench to dismiss for lack of jurisdiction pursuant to Rule 12(b)(1) (Attachments: #1 Appendix of Exhibits)(Adler, Marion) |
| Filing 32 ANSWER to amended complaint , CROSSCLAIM by Brian P Ffrench against Eileen T Ffrench, Michael S Ffrench . by Brian P Ffrench(Adler, Marion) |
| Filing 31 ATTORNEY Appearance for Defendant Brian P Ffrench by Marion B. Adler (Adler, Marion) |
| Filing 30 CERTIFICATE of Service of MIDP Disclosures by Benjamin F. Klimek on behalf of Eileen T Ffrench (Klimek, Benjamin) |
| Filing 29 SUMMONS Returned Executed as to Brian P Ffrench on 3/27/2019, answer due 4/17/2019 by the US Marshal Service. (las, ) |
| Filing 28 SUMMONS Returned Unexecuted as to Brian P Ffrench by the US Marshals Service.(Poor quality original-paper kept). (las, ) Modified on 4/19/2019 (las, ). |
| Filing 27 MINUTE entry before the Honorable John J. Tharp, Jr:The uncontested motion of Robert J. Ffrench to extend time to answer or otherwise plead #25 is granted. Robert and Brian Ffrench may answer or otherwise plead by 4/26/19. No appearance on the motion is required. The 4/16/19 status hearing is reset to 5/8/19 at 9:00 a.m. Mailed notice (air, ) |
| Filing 26 NOTICE of Motion by Marion B. Adler for presentment of motion for extension of time to file answer #25 before Honorable John J. Tharp Jr. on 4/16/2019 at 09:00 AM. (Adler, Marion) |
| Filing 25 MOTION by Defendant Robert J Ffrench for extension of time to file answer or otherwise plead (Uncontested) (Adler, Marion) |
| Filing 24 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff Pacific Life Insurance Company. (Hickman, Corey) |
| Filing 23 MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held and continued to 4/16/19 at 9:00 a.m. Defendant Robert Ffrench is granted until 4/12/19 to answer or otherwise plead to the complaint. Mailed notice (air, ) |
| Filing 22 ANSWER to amended complaint for interpleader by Eileen T Ffrench(Klimek, Benjamin) |
| Filing 21 ATTORNEY Appearance for Defendant Robert J Ffrench by Marion B. Adler (Adler, Marion) |
| Filing 20 STATUS Report by Pacific Life Insurance Company (Hickman, Corey) |
| Filing 19 SUMMONS Returned Executed as to Michael S. Ffrench on 2/8/2019, answer due 3/1/2019 by the US Marshal Service. (las, ) Modified on 4/18/2019 (air, ). |
| Filing 18 MINUTE entry before the Honorable John J. Tharp, Jr:This case is set for an initial status conference on 3/14/19 at 9:00 a.m. The parties are directed to review the procedures for initial status conferences, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==], and to submit the required initial status report no later than 3/7/19. Mailed notice (air, ) |
| Filing 17 SUMMONS Returned Executed as to Robert J Ffrench on 2/7/2019, answer due 2/28/2019 by the US Marshals Service. (las, ) |
| Filing 16 ATTORNEY Appearance for Defendant Eileen T Ffrench by Benjamin F. Klimek (Klimek, Benjamin) |
| Filing 15 ATTORNEY Appearance for Defendant Eileen T Ffrench by James John Stamos (Stamos, James) |
| SUMMONS Issued 1 Original, certified copy of Order dated 1/2/19, with Amended Complaint as to Defendant Robert J Ffrench, to U.S. Marshal for service. (gcy, ) |
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Filing 14
ORDER directing service by U.S. Marshal signed by the Honorable John J. Tharp, Jr on 1/2/2019: IT IS HEREBY ORDERED that Pacific Life's motion is granted. The U.S. Marshal for the Southern District of California is hereby directed to serve a Summons and the First Amended Complaint on Defendant Brian P. Ffrench. The U.S. Marshal for the Western District of Texas is hereby directed to serve a Summons and the First Amended Complaint on Defendant Michael S. Ffrench. The U.S. Marshal for the Southern District of Texas is directed to serve a Summons and the First Amended Complaint on Defendant Robert J. Ffrench. Mailed notice. (pjg, )
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| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiffs motion for order directing service by the U.S. Marshal #10 is granted. Enter order. The Clerk is directed to terminate the motion at #6 , which was granted on 12/20/18 #8 . (pjg, ) |
| SUMMONS Issued as to Defendant Eileen T Ffrench (jjr, ) |
| SUMMONS Issued, 2 Original, certified copy of Order dated 1/2/19, with Amended Complaint as to Defendants Brian P Ffrench, Michael S Ffrench, to U.S. Marshal for service. (gcy, ) |
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Filing 12
ORDER directing deposit of proceeds into court. Signed by the Honorable John J. Tharp, Jr on 12/28/2018. Mailed notice (ags, )
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| Filing 11 NOTICE of Motion by Corey Thomas Hickman for presentment of motion for miscellaneous relief #10 before Honorable John J. Tharp Jr. on 1/3/2019 at 09:00 AM. (Hickman, Corey) |
| Filing 10 MOTION by Plaintiff Pacific Life Insurance Company for Order Directing Service by the U.S. Marshal (Hickman, Corey) |
| Filing 9 First AMENDED complaint by Pacific Life Insurance Company against All Defendants for Statutory Interpleader (Attachments: #1 Exhibit A, #2 Exhibit B)(Hickman, Corey) |
| BOND in the amount of $694,946.12 (receipt no. 4624216005) posted by Pacific Life Insurance Company. (dal, ) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr: Motion hearing held. Plaintiff's motion to deposit annuity proceeds into Court #6 is granted. Following deposit of funds with the Court, Plaintiff is directed to file an amended complaint reflecting that the funds have been deposited and a proposed order to the Court's proposed order inbox directing the United States Marshal to effect service of the amended complaint. Mailed notice (air, ) |
| Filing 7 NOTICE of Motion by Corey Thomas Hickman for presentment of MOTION for Interpleader Deposit (28 U.S.C. Section 1335) #6 before Honorable John J. Tharp Jr. on 12/20/2018 at 09:00 AM. (Hickman, Corey) |
| Filing 6 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) and for Order Directing Service by the U.S. Marshal (Attachments: #1 Exhibit A - Registry Deposit Information Form)(Hickman, Corey) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (gcy, ) |
| Filing 4 EXHIBIT by Plaintiff Pacific Life Insurance Company regarding complaint #1 (Hickman, Corey) |
| Filing 3 ATTORNEY Appearance for Plaintiff Pacific Life Insurance Company by Corey Thomas Hickman (Hickman, Corey) |
| Filing 2 CIVIL Cover Sheet (Hickman, Corey) |
| Filing 1 COMPLAINT for Statutory Interpleader filed by Pacific Life Insurance Company; Filing fee $ 400, receipt number 0752-15271141.(Hickman, Corey) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ec, ) |
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