HALLMAN et al v. HALLMAN et al
| CHARLENE H HALLMAN, JESI HALLMAN, AMANDA E WALTERS and ROBERT W HALLMAN |
| LINDA C HALLMAN and PRINCIPAL LIFE INSURANCE CO |
| MCCULLOUGH FUNERAL HOME INC and MAGNOLIA CEMETERY |
| 5:2012cv00004 |
| January 4, 2012 |
| US District Court for the Middle District of Georgia |
| Macon Office |
| Houston |
| MARC T TREADWELL |
| Insurance |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Filing 32 JUDGMENT Entered Remanding Case to Superior Court of Houston County. (cma) |
| CERTIFICATE OF SERVICE: Certified Copy of #31 Order sent to Superior Court of Houston County and Copy to T. Hicks. (cma) |
Filing 31
ORDER: Because there are no federal issues left to decide, it is hereby ORDERED that this action be REMANDED to the Superior Court of Houston County for all further proceedings related to the Plaintiffs' state law claims. Because the ultimate dispute over the final disposition of the benefits is not yet resolved, the GMLI Plan funds and any associated interest that has accrued while held in the registry of this Court shall be transferred to the registry of the Houston County Superior Court until the Plaintiffs' claims are fully adjudicated. Ordered by Judge Marc Thomas Treadwell on 8/6/2013. (tlh) (Additional attachment(s) added on 8/20/2013: #1 Certification) (cma).
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| Filing 30 RESPONSE in Opposition re #28 RESPONSE to Court Order (Varner, Edwin) |
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Filing 29
ORDER: If the Plaintiffs contend Linda Hallman is not the proper beneficiary as defined by ERISA of the GMLI Plan, they have 14 days to submit evidence or argument. Ordered by Judge Marc Thomas Treadwell on 7/19/2013. (tlh)
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| Filing 28 RESPONSE to Court Order re #26 Order,, (Williams, George) |
| Filing 27 RESPONSE to Court Order re #26 Order,, (Varner, Edwin) |
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Filing 26
ORDER: The Plaintiffs are directed to, within 7 days of the entry of this Order, inform the Court whether the Plaintiffs are alleging that they are the true ERISA beneficiaries because Defendant Linda Hallman changed the GMLI Plan's listed beneficiaries without the permission or authorization of the decedent policy holder, Robert F. Hallman, Jr., or whether they concede Linda Hallman is the sole ERISA beneficiary on the GMLI Plan, and are relying on only state law to argue that Linda Hallman, notwithstanding the fact that she is the designated beneficiary, should not be allowed to receive the plan benefits. Ordered by Judge Marc Thomas Treadwell on 6/21/2013. (tlh)
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| Filing 25 BRIEF Concerning Qualification of a Divorce Decree as a QDRO filed by LINDA C HALLMAN re #22 Order, (Williams, George) |
| Filing 24 RESPONSE to Court Order re #22 Order, (Varner, Edwin) |
| Filing 23 *ERROR*RESPONSE to Court Order re #22 Order, (Varner, Edwin) Modified on 4/4/2013 This document is re-filed at 24 Per Filing Attorney (cma). |
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Filing 22
ORDER: The parties are ORDERED to, within 30 days, file briefs addressing whether the divorce decree qualifies as a QDRO and how that determination affects the further disposition of this case. The Court will then revisit the issue of subject matter jurisdiction and the potential for remand. Ordered by Judge Marc Thomas Treadwell on 3/5/2013. (tlh)
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| Filing 21 BRIEF Brief In Opposition To Brief By Defendant As To Whether Or Not Federal Court Still Has Jurisidiction Of This Matter filed by CHARLENE H HALLMAN, JESI HALLMAN, ROBERT W HALLMAN, AMANDA E WALTERS re #20 Memorandum in Support (Varner, Edwin) |
| Filing 20 MEMORANDUM in Support of #19 Telephone Conference, Defendant's Brief Concerning Federal Jurisdiction (Williams, George) |
| Filing 19 Minute Entry for proceedings held before Judge Marc Thomas Treadwell: Telephone Conference held on 1/14/2013. Mr. Williams to submit memorandum on this issue to the Court within two weeks, and Mr. Varner may respond. (Court Reporter Digitally Recorded) (tlh) |
| NOTICE of SETTING: Telephone Status Conference set for 1/14/2013 at 03:00 PM in Macon before Judge Marc Thomas Treadwell. The call will be initiated by the Court. (tlh) |
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Filing 18
ORDER granting in part, denying in part #16 motion as follows: granting #16 Motion to Dismiss Party; denying #16 Motion for Permanent Injunction; granting #16 Motion for Disbursement of Funds; granting #16 Motion for Discharge; #16 motion for attorney's fees was withdrawn by Principal Life. Ordered by Judge Marc Thomas Treadwell on 11/21/12 (lap) (Additional attachment(s) added on 12/3/2012: #4 Supplement) (tlh).
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| Filing 17 Letter to counsel regarding proposed order for partial distribution of interpleaded funds. (tlh) |
| Filing 16 MOTION for Attorney Fees, MOTION to Dismiss Party Principal Life Insurance Company, MOTION for Permanent Injunction, MOTION for Disbursement of Funds, MOTION for Discharge by Principal Life Insurance Company filed by DOROTHY H CORNWELL. (Attachments: #1 Text of Proposed Order)(CORNWELL, DOROTHY) |
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Filing 15
ORDER: Dispositive motions due 10/22/2012. Ordered by Judge Marc Thomas Treadwell on 8/22/2012. (tlh)
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| Filing 14 ***ENTERED IN WRONG CASE*** Discovery Order Memorandum(ans) Modified on 5/23/2012 (ans). |
| Filing 13 RESPONSE in Opposition re #6 Answer to Crossclaim (Varner, Edwin) |
| DEPOSIT of Funds into Registry in the amount of $154,012.72, receipt number GAM500006982; deposited by Principal Life Insurance Company. (cma) |
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Filing 12
ORDER GRANTING #9 Motion for Extension of Time. Plaintiffs shall have through and including 2/21/2012 within which to file their response to Defendant's Answer, Counterclaim, and Cross-Claim In Interpleader. Ordered by Judge Marc Thomas Treadwell on 2/3/2012. (tlh)
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| Filing 11 SUMMONS Returned Executed by Principal Life Insurance Company as to MCCULLOUGH FUNERAL HOME INC. (Cornwell, Dorothy) |
| Filing 10 SUMMONS Returned Executed by Principal Life Insurance Company as to MAGNOLIA CEMETERY. (Cornwell, Dorothy) |
| Filing 9 MOTION for Extension of Time to File Plaintiffs' Response To Defendant Principal Life Insurance Company's Answer, Counterclaim And Cross-Claim In Interpleader. by Principal Life Insurance Company filed by Dorothy H Cornwell. (Attachments: #1 Text of Proposed Order)(Cornwell, Dorothy) |
| Filing 8 Summons Issued as to MAGNOLIA CEMETERY on 2/1/2012 and MCCULLOUGH FUNERAL HOME INC on 2/1/2012. (Attachments: #1 Magnolia Cemetery LLC)(cma) |
| CERTIFICATE OF SERVICE - Emailed to T. Hicks #7 Order on Motion for Joinder, Order on Motion to Deposit Funds. (cma) |
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Filing 7
ORDER GRANTING #4 Motion for Joinder and GRANTING #5 Motion to Deposit Funds. The Court directs Principal Life to serve Magnolia Cemetery and McCullough Funeral Home with Defendant Principal Life Insurance Companys Answer and Complaint, Counterclaim and Crossclaim in Interpleader [Doc. 3] and a copy of this Order. Ordered by Judge Marc Thomas Treadwell on 1/30/2012. (tlh)
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| Filing 6 ANSWER to #3 Answer to Complaint, Third Party Complaint, Crossclaim, Counterclaim by LINDA C HALLMAN. (Attachments: #1 Required Form)(Williams, George) |
| Filing 5 MOTION to Deposit Funds by Principal Life Insurance Company filed by Dorothy H Cornwell. (Attachments: #1 Text of Proposed Order)(Cornwell, Dorothy) |
| Filing 4 MOTION for Joinder by Principal Life Insurance Company filed by Dorothy H Cornwell.(Cornwell, Dorothy) |
| Filing 3 ANSWER to Complaint, THIRD PARTY COMPLAINT against McCullough Funeral Home, Inc., Magnolia Cemetery, CROSSCLAIM against LINDA C HALLMAN, COUNTERCLAIM against CHARLENE H HALLMAN, JESI HALLMAN, ROBERT W HALLMAN, AMANDA E WALTERS by Principal Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Cornwell, Dorothy) |
| Filing 2 Consent Form (28 USC 636(c)(1)) sent to CHARLENE H HALLMAN, JESI HALLMAN, ROBERT W HALLMAN, AMANDA E WALTERS (dcp) |
| Filing 1 NOTICE OF REMOVAL by Principal Life Insurance Company from Superior Court of Houston County, case number 2011-V-104947-K, consisting of Summons, Complaint and Entry of Service. (Filing fee $ 350 Receipt Number 113G-1270571),filed by Principal Life Insurance Company. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Sheriff's Entry of Service to defendant Principal Life Insurance Co., #3 Exhibit 3 - Sheriff's Entry of Service to Linda Hallman, #4 Exhibit 4 - Notice of Filing Notice of Removal, #5 Civil Cover Sheet)(dcp) |
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