Akpele v. Pacific Life Insurance Company et al
Akpele |
AIE Surgical Practice LLC Defined Benefit Plan, Frederick S. Brown, Ann Herrera, Oppenheimer & Company, Inc., Pacific Life Insurance Company and Jereme G. Tintle |
Uzoamaka O. Akpele |
1:2012cv02170 |
June 22, 2012 |
US District Court for the Northern District of Georgia |
Atlanta Office |
Fulton |
William S Duffey |
Contract: Other |
28 U.S.C. § 1441 Petition for Removal- Declaratory Judgemen |
Plaintiff |
Docket Report
This docket was last retrieved on May 5, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 104 Appeal Record Returned re: #92 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. (1 Envelope of Exhibits (CD) w/ pldg no. 82) (kac) |
Filing 103 Certified copy of JUDGMENT of USCA AFFIRMING the decision of the District Court re: #92 Notice of Appeal filed by Uzoamaka O. Akpele. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. (kac) |
Filing 102 USCA Opinion received (AFFIRMING) re: #92 Notice of Appeal filed by Uzoamaka O. Akpele. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. (kac) |
Filing 101 NOTICE of Docketing Record on Appeal from USCA re: #92 Notice of Appeal filed by Uzoamaka O. Akpele. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. (1 Envelope of Exhibits (CD) w/ pldg no. 82) (kac) |
Filing 100 Certified and Transmitted Record on Appeal to US Court of Appeals re: #92 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. (1 Envelope of Exhibits w/ pldg no. 82) (kac) |
Filing 99 FORTHWITH LETTER from USCA re: #92 Notice of Appeal filed by Uzoamaka O. Akpele. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. Appeal Record due by 10/28/2015. (kac) |
Filing 98 CORRECTED Certified copy of ORDER of USCA GRANTING Appellant's Amended Motion to Reinstate #92 Notice of Appeal filed by Uzoamaka O. Akpele. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. (kac) |
Filing 97 Certified copy of ORDER of USCA DISMISSING #92 Notice of Appeal filed by Uzoamaka O. Akpele for want of prosecution because the Appellant has failed to file an Appellant's brief and appendix within the time fixed by the rules. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. (kac) |
Filing 96 TRANSCRIPT ORDER FORM re #92 Notice of Appeal,, #63 Notice of Appeal,. (Aniekwu, Bobby-Thompson) |
Clerk's Certificate of Mailing as to Jereme G. Tintle re: Appeal Record Certified. (kac) |
Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #92 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-BB. The record on appeal is available electronically with the exception of: 1 Envelope of Exhibits (1 CD with pleading no. 82). (kac) |
Filing 95 USCA Acknowledgment of #92 Notice of Appeal filed by Uzoamaka O. Akpele. Case Appealed to USCA - 11th Circuit. USCA Case Number 15-11529-B. (kac) |
Filing 94 Transmission of Certified Copy of Notice of Appeal, Judgment, Orders and Docket Sheet to US Court of Appeals re: #92 Notice of Appeal. (kac) |
Filing 93 NOTICE Of Filing Appeal Transmission Letter by Uzoamaka O. Akpele re: #92 Notice of Appeal. (kac) |
Filing 92 NOTICE OF APPEAL as to #91 Clerk's Judgment, #62 Order on Motion for Default Judgment, #55 Order on Motion to Stay, Order on Motion to Compel, Order on Motion for Arbitration,,,,,, #90 Order on Motion to Reopen Case, Order on Motion for Arbitration, Order on Motion to Dismiss, Order on Motion for Extension of Time,, Order on Motion for Leave to File Excess Pages, Order on Motion to Vacate, Order on Motion for Hearing,,,,,,,, by Uzoamaka O. Akpele. Filing fee $ 505, receipt number 113E-5715101. Transcript Order Form due on 3/30/2015 (Aniekwu, Bobby-Thompson) |
Filing 91 CLERK'S JUDGMENT entered dismissing action with prejudice (anc)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 90 OPINION AND ORDER that Defendants' #70 Motion for an Order to Reopen This Matter to Confirm the Arbitration Award and Dismiss This Case With Prejudice is GRANTED. IT IS FURTHER ORDERED that Plaintiff's #81 Motion to Vacate the Arbitration Award is DENIED. IT IS FURTHER ORDERED that the remaining motions pending in this matter are DENIED AS MOOT. Signed by Judge William S. Duffey, Jr on 2/18/2015. (anc) |
Civil Case Terminated. (anc) |
Clerks Certificate of Mailing as to Jereme Tintle re #91 Clerk's Judgment, #90 Order (anc) |
Filing 89 Notice for Leave of Absence for the following date(s): 01/28/15, 01/29/15, 01/30/15, 02/02/15, 02/03/15, 03/16/15, 03/17/15, 03/18/15, by James Albert Nofi. (Nofi, James) |
Filing 88 Notice for Leave of Absence for the following date(s): 03/26-04/14/2015, by Bobby-Thompson Chudi Aniekwu. (Aniekwu, Bobby-Thompson) |
Submission of #81 Counter MOTION to Vacate #70 MOTION to Reopen Case MOTION to Confirm Arbitration AwardMOTION to Dismiss Action with Prejudice Arbitration Award and Order New Hearing MOTION for Hearing, submitted to District Judge William S. Duffey. (anc) |
Filing 87 REPLY BRIEF re #81 Counter MOTION to Vacate #70 MOTION to Reopen Case MOTION to Confirm Arbitration AwardMOTION to Dismiss Action with Prejudice Arbitration Award and Order New Hearing MOTION for Hearing, #70 MOTION to Reopen Case MOTION to Confirm Arbitration AwardMOTION to Dismiss Action with Prejudice filed by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) |
Submission of #79 MOTION for Leave to File Excess Pages in Response to Defendants' Motion to Confirm Arbitration Award, submitted to District Judge William S. Duffey. (anc) |
Filing 86 AFFIDAVIT in Opposition re #81 Counter MOTION to Vacate #70 MOTION to Reopen Case MOTION to Confirm Arbitration AwardMOTION to Dismiss Action with Prejudice Arbitration Award and Order New Hearing MOTION for Hearing, #70 MOTION to Reopen Case MOTION to Confirm Arbitration AwardMOTION to Dismiss Action with Prejudice filed by Frederick S. Brown, Oppenheimer & Company, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Brief)(Nofi, James) |
Filing 85 Original Transcript of BRISA Expert Testimony of Mr. Richard Hochman, Esq., given on June 5, 2014 by Uzoamaka O. Akpele. (Attachments: #1 Exhibit)(anc) |
Filing 84 Original Transcript of Security Industry Expert Testimony of Mr. John Duval, given on June 3, 2014 by Uzoamaka O. Akpele.(anc) |
Filing 83 Original Transcript of Security Industry Expert Testimony of Mr. John Duval, given on June 2, 2014 by Uzoamaka O. Akpele.(anc) |
Filing 82 NOTICE Of Manual Filing of Original CD Audio Recording Files of the FINRA Arbitration No. 13-01223 Hearing in the Matter of Uzoamaka Akpele v. Oppenheimer & Company, Inc. & Frederick S. Brown, held in Atlanta on June 2 - June 6, 2014, marked as Exhibit C of the Declaration of Bobby C. Aniekwu, Original Transcript of BRISA Expert Testimony of Mr. Richard Hochman, Esq., given on June 5, 2014, Original Transcript of Security Industry Expert Testimony of Mr. John Duval, given on June 2, 2014, and Original Transcript of Security Industry Expert Testimony of Mr. John Duval, given on June 3, 2014 by Uzoamaka O. Akpele (CD placed in file) (anc) |
Notification of Docket Correction re #81 Counter MOTION to Vacate Arbitration Award and MOTION for New Hearing. Docket entry #81 modified to include Motion for Hearing and docket text edited to accurately reflect e-filed pleading. (hfm) |
Filing 81 Counter MOTION to Vacate Arbitration Award and MOTION for New Arbitration Hearing by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) . Added MOTION for Hearing and edited docket text to accurately reflect e-filed pleading on 12/9/2014 (hfm). Modified on 12/10/2014 (hfm). |
Filing 80 RESPONSE in Opposition re #70 MOTION to Reopen Case MOTION to Confirm Arbitration AwardMOTION to Dismiss Action with Prejudice filed by Uzoamaka O. Akpele. (Attachments: #1 Brief Brief in Opposition of Defendants' Motion to Confirm Arbitration Award and Support of Plaintiff's Counterclaim for Vacatur of Award and New Trial, #2 Affidavit Declaration of Bobby Aniekwu, #3 Exhibit Declaration Exh. A - Statement of Claim, #4 Exhibit Declaration Exhibit B - Defendants' Arbitration Answer, #5 Exhibit Declaration Exh. D - Transcript Excerpts of Testimony of Mr. Hochman, #6 Exhibit Declaration Exh. E - AIE Basic Plan Trust Document, #7 Exhibit Declaratiion Exh. F - Summary Plan Description, #8 Exhibit Declaration Exh. G - AIE Adoption Agreement, #9 Exhibit Declaration Exh. H - First Actuarial Letter to the Court, #10 Supplement Transcript of Mr. Hochman's Testimony, #11 Supplement Transcript of Mr. Duval's Tesimony Day. 1, #12 Supplement Transcript of Mr. Duval's Testimony Day 2)(Aniekwu, Bobby-Thompson) |
Filing 79 MOTION for Leave to File Excess Pages in Response to Defendants' Motion to Confirm Arbitration Award by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) |
Submission of #77 Second MOTION for Extension of Time File Response to Defendant Defendant Oppenheimer and Frederick brown's Motion to Confirm Arbitration Award , #71 MOTION for Extension of Time Respond to Defendants Oppenheimer and Frederick Brown's Motion to Reopen Case, Confirm Arbitration Award and to Dismiss Plaintiff's Claims against Them , submitted to District Judge William S. Duffey. (anc) |
Filing 78 RESPONSE in Opposition re #77 Second MOTION for Extension of Time File Response to Defendant Defendant Oppenheimer and Frederick brown's Motion to Confirm Arbitration Award filed by Frederick S. Brown, Oppenheimer & Company, Inc.. (Attachments: #1 Brief)(Nofi, James) |
Filing 77 Second MOTION for Extension of Time File Response to Defendant Defendant Oppenheimer and Frederick brown's Motion to Confirm Arbitration Award by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) |
Filing 76 Notice for Leave of Absence for the following date(s): 10/30/14, 10/31/14, 11/03/14, by James Albert Nofi. (Nofi, James) |
Filing 75 Notice for Leave of Absence for the following date(s): 11/20/2014-12/3/2014, 12/13/2014-12/29/2014, by Bobby-Thompson Chudi Aniekwu. (Aniekwu, Bobby-Thompson) |
Submission of #70 MOTION to Reopen Case MOTION to Confirm Arbitration AwardMOTION to Dismiss Action with Prejudice, submitted to District Judge William S. Duffey. (anc) |
Submission of #70 MOTION to Reopen Case MOTION to Confirm Arbitration AwardMOTION to Dismiss Action with Prejudice, submitted to District Judge William S. Duffey. (anc) |
Filing 74 AFFIDAVIT in Opposition re #71 MOTION for Extension of Time Respond to Defendants Oppenheimer and Frederick Brown's Motion to Reopen Case, Confirm Arbitration Award and to Dismiss Plaintiff's Claims against Them filed by Frederick S. Brown, Oppenheimer & Company, Inc.. (Attachments: #1 Exhibit Exhibit 8, #2 Brief)(Nofi, James) |
Filing 73 Notice for Leave of Absence for the following date(s): August 14, 2014, through August 19, 2104, by James Albert Nofi. (anc) |
Filing 72 NOTICE by Frederick S. Brown, Oppenheimer & Company, Inc. Leave of Absence (Nofi, James) |
Filing 71 MOTION for Extension of Time Respond to Defendants Oppenheimer and Frederick Brown's Motion to Reopen Case, Confirm Arbitration Award and to Dismiss Plaintiff's Claims against Them by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) |
Filing 70 MOTION to Reopen Case , MOTION to Confirm Arbitration Award, MOTION to Dismiss with Prejudice with Brief In Support by Frederick S. Brown, Oppenheimer & Company, Inc.. (Attachments: #1 Affidavit Support of Motion to ReOpen and Confirm, #2 Exhibit Exh 1, #3 Exhibit Exh 2, #4 Exhibit Exh 3, #5 Exhibit Exh 4, #6 Exhibit Exh 5, #7 Exhibit Exh 6, #8 Exhibit Exh7, #9 Brief)(Nofi, James) Modified on 7/14/2014 in order to update motion text (anc). |
Filing 69 Certified copy of ORDER of USCA DISMISSING #63 Notice of Appeal filed by Uzoamaka O. Akpele, sua sponte, for lack of jurisdiction. Case Appealed to USCA - 11th Circuit. USCA Case Number 13-14496-BB. (kac) |
Clerk's Certificate of Mailing as to Jereme G. Tintle re: Appeal Record Certified. (kac) |
Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #63 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 13-14496-BB. The entire record on appeal is available electronically. (kac) |
Filing 68 TRANSCRIPT ORDER FORM re: #63 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 13-14496-B. Certificate of Readiness due on 10/30/2013. (No hearing; No transcript is required for appeal purposes.) (kac) |
Filing 67 Forwarded certified copy of docket sheet reflecting payment of appeal filing and docketing fees to USCA re: #63 Notice of Appeal filed by Uzoamaka O. Akpele. Case Appealed to USCA - 11th Circuit. USCA Case Number 13-14496-B. (kac) |
Filing 66 USCA Acknowledgment of #63 Notice of Appeal filed by Uzoamaka O. Akpele. Case Appealed to USCA - 11th Circuit. USCA Case Number 13-14496-B. (kac) |
Payment of Appeal Fees re #63 Notice of Appeal, by Uzoamaka O. Akpele. Filing fee $ 455, receipt number 113E-4821687. (Aniekwu, Bobby-Thompson) |
Filing 65 Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet to US Court of Appeals re: #63 Notice of Appeal. (kac) |
Filing 64 NOTICE Of Filing Appeal Transmission Letter by Uzoamaka O. Akpele re: #63 Notice of Appeal. (kac) |
Filing 63 NOTICE OF APPEAL as to #62 Order on Motion for Default Judgment, by Uzoamaka O. Akpele. Transcript Order Form due on 10/15/2013 (Attachments: #1 Exhibit 1 - Order of District Court Denying Motion for a Default Judgment)(Aniekwu, Bobby-Thompson) |
Filing 62 ORDER that the Clerk is DIRECTED to administratively close this matter. IT IS FURTHER ORDERED that any party may move to re-open this matter after the conclusion of the Arbitration, if there are proper grounds for the motion. The #53 Motion for Default Judgment is DENIED WITHOUT PREJUDICE to re-filing after the conclusion of theArbitration, if appropriate. Signed by Judge William S. Duffey, Jr on 8/29/2013. (anc) |
Civil Case Terminated. (anc) |
Clerks Certificate of Mailing as to Jereme G. Tintle re #62 Order (anc) |
Filing 61 ORDER GRANTING #60 Motion for Disbursement of Funds from the Registry of the Court. Signed by Judge William S. Duffey, Jr on 7/16/2013. (kt) |
Clerks Certificate of Mailing as to Jereme G. Tintle re #61 Order on Motion for Disbursement of Funds. (kt) |
Filing 60 Joint MOTION for Disbursement of Funds from the registry of the Court by Uzoamaka O. Akpele, Uzoamaka O. Akpele, Uzoamaka O. Akpele, J.A., J.A., M.A., M.A., Pacific Life Insurance Company, Pacific Life Insurance Company. (Attachments: #1 Exhibit)(Wilson, Brent) |
Submission of #53 MOTION for Default Judgment as to Jeremy G. Tintle to District Judge William S. Duffey. (kt) |
Filing 59 Minute Entry for Telephone Conference held on 4/29/2013 with counsel regarding the appointment of the successor trustee. for proceedings held before Judge William S. Duffey, Jr: (Court Reporter Nick Marrone)(kt) |
Filing 58 ORDER APPOINTING H. Douglas Hinson of Alston & Bird, LLP as the successor trustee of the Defined Benefit Plan. Signed by Judge William S. Duffey, Jr. on 4/26/2013. (dfb) |
Clerks Certificate of Mailing as to Jereme G. Tintle re #58 Order. (dfb) |
Filing 57 ORDER re #56 Status Conference. IT IS HEREBY ORDERED: (1) Plaintiff shall commence arbitration proceedings against Oppenheimer and Brown, as required in the Arbitration Order, before 5:00 p.m. on Monday, April 29, 2013; (2) Within fourteen (14) days of the Court's appointment of a trustee of the Defined Benefit Plan, the parties shall submit a Joint Detailed Discovery Plan, along with a proposed schedule for the filing and briefing of pretrial motions. Signed by Judge William S. Duffey, Jr on 4/22/2013. (kt) |
Filing 56 Minute Entry for Status Conference held on 4/22/2013 before Judge William S. Duffey, Jr: Order to follow.(Court Reporter Nick Marrone)(kt) |
NOTICE (by docket entry only) of Hearing: Status Conference set for 4/22/2013 at 03:00 PM in Room 1721 before Judge William S. Duffey, Jr. (jdb) |
Funds Deposited per Order: $ 15,600.67, receipt number 54701. (kt) |
Funds Deposited per Order: $1,290,541.81, receipt number 54288. (kt) |
Clerks Certificate of Mailing as to Jereme G. Tintle re #54 Order on Motion to Deposit Funds into the Registry of the Court, #55 Order on Motion to Stay, Order on Motion to Compel, Order on Motion for Arbitration. (kt) |
Filing 55 ORDER GRANTING Oppenheimer & Co., Inc. and Frederick S. Brown's #5 Motion to Stay this Action and to Compel Arbitration of the Claims Against Them. This action is STAYED as to Defendants Oppenheimer & Co., Inc. and Frederick S. Brown, and Plaintiff is DIRECTED to submit to arbitration of her claims against Defendants Oppenheimer & Co., Inc. and Frederick S. Brown. IT IS FURTHER ORDERED that Plaintiff's Motion to Exclude Portions of Defendants Oppenheimer & Co. and Frederick S. Brown's Reply Brief, Exhibits, and the Reply Declaration of Ann L. Greene #24 DENIED AS MOOT. Signed by Judge William S. Duffey, Jr on 3/18/2013. (kt) |
Filing 54 ORDER GRANTING #4 Motion to Deposit Funds into the Registry of the Court. Pacific Life is DIRECTED to present a check payable to the Clerk of this Court as a deposit into the registry of this Court of the death benefits payable under the Pacific Life Annuity. The check is to include the value of the Pacific Life Annuity as of the close of financial markets on the market day preceding the day that the check for deposit is drawn, which represents the entirety of the death benefit of the Annuity Contract payable by reason of the death of Ignatius E. Akpele. The Clerk is DIRECTED to accept and receive the above amount into the registry of this Court for ultimate deposition by order of this Court.. Signed by Judge William S. Duffey, Jr on 3/18/2013. (kt) |
Filing 53 MOTION for Default Judgment as to Jeremy G. Tintle by Uzoamaka O. Akpele. (Attachments: #1 Affidavit Declaration of Bobby C. Aniekwu in Support of Motion for Entry of Default Final Judgment, #2 Text of Proposed Order)(Aniekwu, Bobby-Thompson) |
Clerk's Entry of Default as to Jereme G. Tintle. (bdb) |
Filing 52 MOTION for Clerks Entry of Default Against Respondent Jeremy G. Tintle by Uzoamaka O. Akpele. (Attachments: #1 Declaration of Bobby C. Aniekwu in Support of Motion for Entry of Default, #2 Exhibit 1 - Superior Court original Complaint Part 1, #3 Exhibit 2 - Superior Court Original Complaint Part II, #4 Exhibit 3 - Return of Service on Jeremy Tintle, #5 Exhibit 4 - Return of Service on Jeremy Tintle II, #6 Text of Proposed Order)(Aniekwu, Bobby-Thompson) |
Filing 51 Request for Leave of Absence for the following date(s): April 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 23, 24, 25, 26, May 6, 7, and July 7, 8, 9, 10, 11, 12, 2013, by H. Sanders Carter, Jr. (Attachments: #1 Text of Proposed Order)(Carter, H.) |
Filing 50 Notice for Leave of Absence for the following date(s): 03/18/13 - 04/05/13, by James Albert Nofi. (Nofi, James) |
Filing 49 Return of Service Executed by Pacific Life Insurance Company. AIE Surgical Practice LLC Defined Benefit Plan served on 12/4/2012, answer due 12/26/2012. (Cornwell, Dorothy) |
Notification of Docket Correction re #48 Claim. Wrong event selected, edited document to reflect actual e-filed pleading. (kt) |
Filing 48 ANSWER OF PACIFIC LIFE INSURANCE COMPANY TO #41 Crossclaim of Interpleader Defendants J.A., A MINOR, AND M.A., A MINOR by Pacific Life Insurance Company. (Carter, H.) Modified on 12/10/2012 (kt). |
Filing 47 Plaintiff/Crossclaim Defendant Uzoamaka Akpele's ANSWER to #41 Crossclaim of Defendants/Crossclaimants in Interpleader J.A. and M.A. by Uzoamaka O. Akpele.(Aniekwu, Bobby-Thompson) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 46 Electronic Summons Issued as to AIE Surgical Practice LLC Defined Benefit Plan. (kt) |
Submission of #36 MOTION for Hearing re #35 Notice of Appearance (Request for Status Conference), to District Judge William S. Duffey. (kt) |
Filing 45 NOTICE by Frederick S. Brown, Oppenheimer & Company, Inc. Leave of Absence by James A. Nofi for 12/24/12 through 1/4/13 (Nofi, James) |
Filing 44 NOTICE by Pacific Life Insurance Company Summons to AIE Surgical Practice LLC Defined Benefit Plan (Cornwell, Dorothy) |
Filing 43 Notice for Leave of Absence for the following date(s): 12/13 - 12/31/2012, by Bobby-Thompson Chudi Aniekwu. (Aniekwu, Bobby-Thompson) |
Filing 42 ORDER GRANTING Defendant Jeremy Tintle's #39 Request for Continuance to Prepare Response, construed as a Motion for Extension of Time to file an answer to Complaint. Defendant shall file his answer on or before December 1, 2012. Signed by Judge William S. Duffey, Jr on 11/16/2012. (kt) |
Clerks Certificate of Mailing as to Jereme G. Tintle re #42 Order on Motion for Extension of Time. (kt) |
Notification of Docket Correction re #40 Response to Motion. Edited document to remove excess use of capitalization. (kt) |
Filing 41 ANSWER to #16 Amended Complaint , CROSSCLAIM against Uzoamaka O. Akpele by J.A., M.A..(Wilson, Brent) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 40 RESPONSE re #24 MOTION to Exclude Reply Declaration of Ann L. Green & Attached Exhibits, and Objections to Portions of the Reply Memorandum of Defendants Oppenheimer & Co. and Frederick S. Brown, #5 First MOTION to Stay Proceedings against Oppenheimer and BrownFirst MOTION to Compel Arbitration of Claims against Oppenheimer and BrownFirst MOTION for Arbitration of Claims against Oppenheimer and BrownFirst MOTION for Extension of Time to File Answer of Oppenheimer and Brown, #4 MOTION to Deposit Funds into the registry of the Court filed by J.A., M.A. (Wilson, Brent) Modified on 11/16/2012 (kt). |
Filing 39 MOTION for Extension of Time to respond by Jereme G. Tintle. (kt) |
Filing 38 Return of Service Executed by Uzoamaka O. Akpele. Jereme G. Tintle served on 10/15/2012, answer due 11/5/2012. (Aniekwu, Bobby-Thompson) |
Filing 37 ORDER DENYING AS MOOT #3 Motion for Joinder; and DENYING AS MOOT #19 Motion for Joinder. IT IS HEREBY FURTHER ORDERED that Plaintiff's #22 Motion for Appointment of Guardian ad Litem for minor children is GRANTED IN PART and DENIED IN PART. The Court hereby APPOINTS Brent L. Wilson as guardian ad litem in this action for the minor children J.A. and M.A. IT IS HEREBY FURTHER ORDERED that Oppenheimer & Co., Inc. and Frederick S. Brown's #25 Motion for Extension of Time to Respond to the Amended Complaint is GRANTED. The time in which Defendants must file responsive pleadings or rule 12(b) motions in response to the Amended Complaint is EXTENDED until fourteen (14) days after the Court issues a ruling on Oppenheimer & Co., Inc. and Frederick S. Brown's pending Motion to Stay this Action and Compel #5 . IT IS HEREBY FURTHER ORDERED that Pacific Life Insurance Company's #4 Motion to Deposit Funds, Oppenheimer & Co., Inc. and Frederick S. Brown's Motion to Stay and to Compel Arbitration #5 , and Plaintiff's #24 Motion to Exclude Portions of Briefs are STAYED until the completion of further briefings. (See order for details.). Signed by Judge William S. Duffey, Jr on 10/29/2012. (kt) |
Filing 36 MOTION for Hearing re #35 Notice of Appearance (Request for Status Conference) by J.A., M.A.. (Wilson, Brent) |
Filing 35 NOTICE of Appearance by Brent L. Wilson on behalf of J. and M. A., minors (Wilson, Brent) |
Submission of #25 MOTION for Extension of Time Move or Answer Amended Complaint re: #20 Amended Complaint to District Judge William S. Duffey. (kt) |
Submission of #24 MOTION to Exclude Reply Declaration of Ann L. Greene & Attached Exhibits, and Objections to Portions of the Reply Memorandum of Defendants Oppenheimer & Co. and Frederick S. Brown to District Judge William S. Duffey. (kt) |
Submission of #19 MOTION for Joinder of Interpleader Defendant Ignatius E. Akpele Defined Benefit Plan, a/k/a AIE Surgical Practice LLC Defined Benefit Plan, #22 MOTION to Appoint Guardian Ad Litem ad Litem Oscar E. Prioleau, Jr., Attorney to District Judge William S. Duffey. (kt) |
Filing 34 RESPONSE re #28 Court Order filed by Pacific Life Insurance Company. (Carter, H.) |
Filing 33 Response re #28 Court Order by Frederick S. Brown, Oppenheimer & Company, Inc. (Nofi, James) |
Filing 32 NOTICE Of Filing Plaintiff's Response to the Court's Order to File Memorandum of Law to Address the Identity and Relationship between Defined Benefit Plans; and Plaintiff's Motion for Reformation of Annuity Contract by Uzoamaka O. Akpele (Attachments: #1 Affidavit Declaration of Uzoamaka Akpele, #2 Exhibit A of Declaration, #3 Exhibit B of Declaration, #4 Exhibit C of Declaration, #5 Exhibit D of Declaration, #6 Exhibit E of Declaration, #7 Exhibit F of Declaration)(Aniekwu, Bobby-Thompson) |
Filing 30 PRETRIAL MEMORANDUM by Ann Herrera. (Herrera, Ann) |
Filing 31 Summons Issued as to Jereme G. Tintle. (adg) |
Filing 29 RESPONSE in Opposition re #24 MOTION to Exclude REPLY DECLARATION OF ANN L. GREENE & ATTACHED EXHIBITS, AND OBJECTIONS TO PORTIONS OF THE REPLY MEMORANDUM OF DEFENDANTS OPPENHEIMER & CO. AND FREDERICK S. BROWN filed by Frederick S. Brown, Oppenheimer & Company, Inc.. (Nofi, James) |
Filing 28 ORDER DIRECTING parties to file responses within twenty (20) days addressing the issues of (1) the identity of the successor trustee or fiduciary of Defendant-in-Interpleader Ignatius E. Akpele Defined Benefit Plan a/k/a AIE Surgical Practice LLC Defined Benefit Plan ("Plan"); and (2) the appointment of a guardian ad litem for the Children. See Order for specifics. Signed by Judge William S. Duffey, Jr. on 08/17/2012. (dfb) |
Filing 27 Minute Entry for proceedings held before Judge William S. Duffey, Jr: Status Conference held on 8/16/2012. (Court Reporter Nick Marrone) (jtj) |
Filing 26 ANSWER to #20 Amended Complaint by Pacific Life Insurance Company.(Carter, H.) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 25 MOTION for Extension of Time Move or Answer Amended Complaint re: #20 Amended Complaint,, with Brief In Support by Frederick S. Brown, Oppenheimer & Company, Inc.. (Nofi, James) |
Notification of Docket Correction re #24 MOTION to Exclude REPLY DECLARATION OF ANN L. GREENE & ATTACHED EXHIBITS, AND OBJECTIONS TO PORTIONS OF THE REPLY MEMORANDUM OF DEFENDANTS OPPENHEIMER & CO. AND FREDERICK S. BROWN. Edited document to remove excessive use of capitalization. (kt) |
Filing 24 MOTION to Exclude Reply Declaration of Ann L. Greene & Attached exhibits, and objections to portions of the Reply Memorandum of Defendants Oppenheimer & Co. and Frederick S. Brown by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) Modified on 8/7/2012 (kt). |
Filing 23 PROPOSED CONSENT ORDER Motions to Join Interpleader Defendants filed by Pacific Life Insurance Company re: #3 MOTION for Joinder of Interpleader Defendants, #19 MOTION for Joinder of Interpleader Defendant Ignatius E. Akpele Defined Benefit Plan, a/k/a AIE Surgical Practice LLC Defined Benefit Plan. (Cornwell, Dorothy) |
Submission of #3 MOTION for Joinder of Interpleader Defendants, #4 MOTION to Deposit Funds into the registry of the Court , #5 First MOTION to Stay Proceedings against Oppenheimer and Brown First MOTION to Compel Arbitration of Claims against Oppenheimer and BrownFirst MOTION for Arbitration of Claims against Oppenheimer and Brown First MOTION for Extension of Time to File Answer of Oppenheimer and Brown, to District Judge William S. Duffey. (kt) |
Filing 22 MOTION to Appoint Guardian Ad Litem ad Litem Oscar E. Prioleau, Jr., Attorney by Uzoamaka O. Akpele. (Attachments: #1 Exhibit 1)(Aniekwu, Bobby-Thompson) |
Filing 21 REPLY BRIEF re #5 First MOTION to Stay Proceedings against Oppenheimer and BrownFirst MOTION to Compel Arbitration of Claims against Oppenheimer and BrownFirst MOTION for Arbitration of Claims against Oppenheimer and BrownFirst MOTION for Extension of Time to File Answer of Oppenheimer and Brown filed by Frederick S. Brown, Oppenheimer & Company, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13)(Nofi, James) |
Filing 20 First AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Uzoamaka O. Akpele. (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, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Aniekwu, Bobby-Thompson) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 19 MOTION for Joinder of Interpleader Defendant Ignatius E. Akpele Defined Benefit Plan, a/k/a AIE Surgical Practice LLC Defined Benefit Plan with Brief In Support by Pacific Life Insurance Company. (Carter, H.) |
Filing 18 SCHEDULING ORDER re: #17 Preliminary Report and Discovery Plan. Signed by Judge William S. Duffey, Jr on 7/26/2012. (kt) |
Filing 17 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Uzoamaka O. Akpele, Frederick S. Brown, Ann Herrera, Oppenheimer & Company, Inc., Pacific Life Insurance Company. (Attachments: #1 Scheduling Order)(Carter, H.) |
Filing 16 First AMENDED COMPLAINT for Interpleader against Uzoamaka O. Akpele, filed by Pacific Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Carter, H.) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 15 ANSWER to #2 Counterclaim -In-Interpleader of Pacific Life Insurance Company by Uzoamaka O. Akpele.(Aniekwu, Bobby-Thompson) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Notification of Docket Correction re #14 Response in Opposition to Motion. Wrong event selected, edited document to reflect actual e-filed pleading. (kt) |
Filing 14 NOTICE OF FILING Exhibits in RESPONSE to #5 First MOTION to Stay Proceedings against Oppenheimer and BrownFirst MOTION to Compel Arbitration of Claims against Oppenheimer and BrownFirst MOTION for Arbitration of Claims against Oppenheimer and BrownFirst MOTION for Extension of Time to File Answer of Oppenheimer and Brown Supplemental Exhibit 3 Attachment to Response filed by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) Modified on 7/18/2012 (kt). |
Notification of Docket Correction re #13 Response to Motion. Edited to remove unnecessary capitalization used in docket text. (kt) |
Filing 13 RESPONSE re #5 First MOTION to Stay Proceedings against Oppenheimer and Brown, First MOTION to Compel Arbitration of Claims against Oppenheimer and Brown, First MOTION for Arbitration of Claims against Oppenheimer and Brown, First MOTION for Extension of Time to File Answer of Oppenheimer and Brown filed by Uzoamaka O. Akpele. (Attachments: #1 Exhibit 1 - Copy of ERISA Sec. 1055, #2 Exhibit 2 - Copy of IRS Publication 1565, #3 Brief in opposition of Defendants Oppenheimer & Brown's Motion to Compel Arbitration, for Stay of Proceedings, To Extend time to plead, and in the alternative, Plaintiff's counter Motion to Sever Claims, #4 Affidavit Declaration of Uzoamaka O. Akpele, #5 Exhibit Plaintiff's Objections to Affidavit of Ann Greene)(Aniekwu, Bobby-Thompson) Modified on 7/17/2012 (kt). Modified on 7/17/2012 (kt). |
Filing 12 Return of Service Executed by Uzoamaka O. Akpele. Pacific Life Insurance Company served on 5/24/2012, answer due 6/14/2012. (Aniekwu, Bobby-Thompson) |
Filing 11 Return of Service Executed by Uzoamaka O. Akpele. Oppenheimer & Company, Inc. served on 5/23/2012, answer due 6/13/2012. (Aniekwu, Bobby-Thompson) |
Filing 10 Return of Service Executed by Uzoamaka O. Akpele. Ann Herrera served on 6/5/2012, answer due 6/26/2012. (Aniekwu, Bobby-Thompson) |
Filing 9 Return of Service Executed by Uzoamaka O. Akpele. Frederick S. Brown served on 5/24/2012, answer due 6/14/2012. (Aniekwu, Bobby-Thompson) |
Filing 8 Return of Service Executed by Uzoamaka O. Akpele. Jereme G. Tintle served on 7/9/2012, answer due 7/30/2012. (Aniekwu, Bobby-Thompson) |
Filing 7 RESPONSE re #3 MOTION for Joinder of Interpleader Defendants filed by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) |
Filing 6 RESPONSE re #4 MOTION to Deposit Funds into the registry of the Court filed by Uzoamaka O. Akpele. (Aniekwu, Bobby-Thompson) |
NOTICE FROM THE COURT (by docket entry only): Parties are advised to go to the district courts website at www.gand.uscourts.gov. On the home page, locate the Attorney Information link which will direct you to Preparation for a Civil and/or Criminal Trial Before Judge Duffey. Here, the Court has provided its Standing Order Regarding Civil Litigants. The Parties shall abide by this Standing Order throughout the processing of this case. Parties are instructed to pay particular attention to the requirements for Motions for Summary Judgment. (jdb) |
Filing 5 First MOTION to Stay Proceedings against Oppenheimer and Brown, First MOTION to Compel Arbitration of Claims against Oppenheimer and Brown, First MOTION for Arbitration of Claims against Oppenheimer and Brown, First MOTION for Extension of Time to File Answer of Oppenheimer and Brown with Brief In Support by Frederick S. Brown, Oppenheimer & Company, Inc.. (Attachments: #1 Brief, #2 Affidavit Ann Greene, #3 Exhibit 1, #4 Exhibit 2, Pt 1, #5 Exhibit 2, Pt 2, #6 Exhibit 3, #7 Exhibit 4, Pt 1, #8 Exhibit 4, Pt 2, #9 Exhibit 5, Pt 1, #10 Exhibit 5, Pt 2, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, Pt 1, #14 Exhibit 8, Pt 2)(Nofi, James) |
Filing 4 MOTION to Deposit Funds into the registry of the Court by Pacific Life Insurance Company, Pacific Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Carter, H.) |
Filing 3 MOTION for Joinder of Interpleader Defendants by Pacific Life Insurance Company, Pacific Life Insurance Company. (Carter, H.) |
Filing 2 ANSWER to #1 NOTICE OF REMOVAL Complaint ( Discovery ends on 11/26/2012.), COUNTERCLAIM against Uzoamaka O. Akpele by Pacific Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - part 1, #3 Exhibit 2 - part 2, #4 Exhibit 2 - part 3, #5 Exhibit 2 - part 4, #6 Exhibit 2 - part 5, #7 Exhibit 2 - part 6, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7)(Carter, H.) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 1 NOTICE OF REMOVAL with COMPLAINT. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $ 350 receipt number 113E-4005934), filed by Oppenheimer & Company, Inc., Frederick S. Brown. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit A6 - part 2, #8 Exhibit A7, #9 Exhibit A7 - part 2, #10 Exhibit A8, #11 Exhibit A8 - part 2, #12 Exhibit A8 - part 3, #13 Exhibit A9, #14 Exhibit A9 - part 2, #15 Exhibit A10, #16 Exhibit A10 - part 2, #17 Exhibit A11, #18 Exhibit A11 - part 2, #19 Exhibit A12, #20 Exhibit B, #21 Exhibit C, #22 Exhibit D, #23 Exhibit E, #24 Exhibit F, #25 Exhibit G, #26 Exhibit H, #27 Exhibit I, #28 Civil Cover Sheet)(kt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 6/26/2012 (rth). |
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