Ellis v. Ellis et al
| Marlee Tatum Ellis |
| Roundtable Property & Development, LLC, Thomas Chapman Causby, Gareth Ross Rogers, Lovingood Law Firm, P.C., The Estate of Mark Lawson Ellis, M. Shane Lovingood, Securian Life Insurance Company, Ryan Leigh Ellis, the Mark Ellis Testamentary Trust Pursuant to Item VI of the Mark Ellis Last Will and Testament Dated July 12, 2013, Jesse Raymond Bates, Jr., Little, Bates, Kelehear & Toland, P.C. and Smartbank (Inc.) |
| 4:2020cv00170 |
| July 17, 2020 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Petition for Removal - E.R.I.S.A. |
| Both |
Docket Report
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This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 101 NOTICE to Clerk of Whitfield Superior Court re #100 Order of Remand. (bjh) |
Filing 100
ORDER granting Petitioner's #92 Renewed Motion to Remand to State Court and REMANDS this action to the Superior Court of Whitfield County, Georgia for lack of subject matter jurisdiction. The Court DENIES A MOOT Respondent's Motions to Strike Petitioner's Petition #34 and #37 . Signed by Judge Michael L. Brown on 6/28/21. (bjh)
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| Civil Case Terminated. (bjh) |
| Clerk's Certificate of Mailing to Whitfield Superior Court re certified copies of #101 Notice, #100 Order of Remand.(bjh) |
| Filing 99 Notice for Leave of Absence for the following date(s): 7/16, 7/17, 7/18, 7/19, 7/20, 7/21, 7/22, 7/23, 7/24, 7/25, 7/26, 7/27, 7/28, 7/29, 7/30, 7/31, 8/1, 8/2, by Kathryn S. Whitlock. (Whitlock, Kathryn) |
| Filing 98 Notice for Leave of Absence for the following date(s): July 28, 2021-August 2, 2021, October 9, 2021-October 18, 2021, December 22, 2021-December 31, 2021, by Donald Brown. (Brown, Donald) |
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ORDER (by docket entry only). Before the Court is Securian Life Insurance Company's Motion to Strike (Dkt. #97 ) Petitioner Marlee Tatum Ellis's Reply (Dkt. #96 ). The Court ADMONISHES Petitioner for the untimely filing of her reply to response to motion to remand. (Dkt. #96 .) On February 3, 2021, the Court held a teleconference regarding the parties' joint statement regarding discovery dispute. (Dkts. #88 ; #90 .) The Court told the parties Petitioner had twenty days to file an amended motion to remand, Respondents had twenty days thereafter to respond, and Petitioner had five days thereafter to file a reply. (February 3, 2021, Hearing Transcript at 14.) These deadlines were also stated in the Court's order denying Petitioner's motion to remand. (Dkt. #89 at 7.) Petitioner filed her amended motion for remand on February 22, 2021. (Dkt. #92 .) Securian filed its response on March 15, 2021. (Dkt. #94 .) Petitioner's reply was thus due no later than March 22, 2021. Petitioner did not file a reply that day. On March 25, 2021, the renewed motion was submitted to the Court. Then, on March 26, 2021, Petitioner filed her reply. (Dkt. #96 .) While the Court admonishes Petitioner for her untimely filing, it will exercise its discretion and consider her reply to response to motion to remand. See United States v. Gumbs, No. 1:16-CR-401, 2017 WL 11583190, at *3 n.4 (N.D. Ga. Aug. 23, 2017). Accordingly, Securian Life Insurance Company's Motion to Strike (Dkt. #97 ) is DENIED. Ordered by Judge Michael L. Brown on 3/30/2021. (bgt)
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| Filing 97 MOTION to Strike #96 Reply to Response to Motion , or in the Alternative, Objection to Petitioner's Reply with Brief In Support by Securian Life Insurance Company. (Wizig, Diane) |
| Filing 96 REPLY to Response to Motion re #92 MOTION to Remand to State Court filed by Marlee Tatum Ellis. (Michmerhuizen, Stephen) |
| Submission of #92 MOTION to Remand to State Court, to District Judge Michael L. Brown. (bjh) |
| Filing 95 Request for Leave of Absence for the following date(s): 7/5/2021-7/30/2021, by Stephen Michmerhuizen. (Attachments: #1 Text of Proposed Order)(Michmerhuizen, Stephen) |
| Filing 94 RESPONSE in Opposition re #92 MOTION to Remand to State Court filed by Securian Life Insurance Company. (Wizig, Diane) |
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Filing 93
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (dgs) (ADI)
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| Filing 92 MOTION to Remand to State Court with Brief In Support by Marlee Tatum Ellis. (Attachments: #1 Brief, #2 Text of Proposed Order)(Michmerhuizen, Stephen) |
| Filing 91 Notice for Leave of Absence for the following date(s): 04/02,04/03,04/04,04/05,04/06,04/07,04/08,04/09, by Donald Brown. (Brown, Donald) |
| Filing 90 Minute Entry for proceedings held before Judge Michael L. Brown: Status Conference held on 2/3/2021. Hearing held regarding the parties' #88 Joint Statement Regarding Discovery Dispute. The Court will issue its order, no later than 4/15/2021, on any an amended motion to remand that Petitioner intends to file. (See Dkt. 89.) The parties may proceed with depositions after the Court issues its order. (Court Reporter Jana B. Colter)(bjh) |
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Filing 89
ORDER. The Court DENIES WITHOUT PREJUDICE Petitioner's #7 Motion to Remand. Petitioner may file an amended motion to remand, applying the correct test if she believes the Court is without jurisdiction. Petitioner must, within twenty (20) days of the entry of this order, file an amended motion to remand or notify the Court that she is not seeking remand. Respondents shall have twenty (20) days after Petitioner files an amended motion to remand in which to respond. Petitioner shall have five (5) days thereafter to reply. The Court STAYS this action pending Petitioner's filing or notification. Signed by Judge Michael L. Brown on 2/3/2021. (bgt)
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| Filing 88 NOTICE by Securian Life Insurance Company of Joint Statement Regarding Discovery Dispute and Request for Court Guidance (Wizig, Diane) |
| Filing 87 NOTICE to Take Deposition of Marlee Tatum Ellis filed by Ryan Leigh Ellis (McCurry, Robert) |
| Filing 86 NOTICE to Take Deposition of Ryan Ellis filed by Marlee Tatum Ellis (Michmerhuizen, Stephen) |
| NOTICE OF VIDEO PROCEEDING (by docket entry only): A discovery dispute conference is set for 2/3/2021 at 3:00 PM before Judge Michael L. Brown. Connection Instructions: Web link: https://ganduscourts.zoomgov.com/j/1604250731. Meeting ID: 160 425 0731. Passcode: 960694. Call-in number: 1-646-828-7666. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bgt) |
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Filing 85
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (dgs) (ADI)
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| Filing 84 CLERK'S JUDGMENT dismissing with prejudice Defendant SmartBank (Inc.). (bjh)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 83
ORDER granting #82 Motion to Dismiss. This Order comes before this Court on the Consent Motion of Plaintiff and Defendant SmartBank (Inc.) to dismiss SmartBank (Inc.), Roundtable Property & Development, LLC (Roundtable), and Gareth Ross Rogers (Rogers) with Prejudice from this lawsuit pursuant to Fed. R. Civ. P. 21 as SmartBank, Roundtable, and Rogers, which were nominal defendants, no longer have an interest in the outcome of this case. Having reviewed the file and for good cause shown, it is hereby ORDERED, ADJUGED, and DECREED that SmartBank (Inc.), Roundtable Property & Development, LLC, and Gareth Ross Rogers are hereby dismissed with prejudice from the above-styled lawsuit. Pursuant to Fed. R. Civ. P. 54, the Court hereby makes an express determination that there is no just reason for delay and hereby expressly directs the entry of judgment dismissing SmartBank as set forth herein. This Order shall not affect the claims between the other parties to this action. Signed by Judge Michael L. Brown on 1/19/21. (bjh)
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| Filing 82 Consent MOTION to Dismiss SmartBank (Inc.), Roundtable Property and Development, LLC, and Gareth Ross Rogers with Prejudice by Smartbank (Inc.). (Attachments: #1 Text of Proposed Order Final Order Dismissing SmartBank (Inc.), Roundtable Property & Development, LLC and Gareth Ross Rogers)(Bledsoe, Jonathan) |
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Filing 81
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (dgs) (ADI)
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| Filing 80 Notice for Leave of Absence for the following date(s): December 23, 24, 25, 26, 27, 28, 29, 30, 31, January 1, 2, 3, 4, by Donald Brown. (Brown, Donald) |
| Filing 79 CERTIFICATE OF SERVICE by Ryan Leigh Ellis.(McCurry, Robert) |
| Filing 78 CERTIFICATE OF SERVICE of Securian Life Insurance Company's Objections and Responses to Petitioner's Second Requests for Production by Securian Life Insurance Company.(Wizig, Diane) |
| Filing 77 CERTIFICATE OF SERVICE of Supplemental Responses by Jesse Raymond Bates, Jr, Thomas Chapman Causby, Little, Bates, Kelehear & Toland, P.C..(Brown, Donald) |
| Filing 76 CERTIFICATE OF SERVICE of Discovery by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 75 CERTIFICATE OF SERVICE of Responses to Petitioner by Jesse Raymond Bates, Jr, Thomas Chapman Causby, Little, Bates, Kelehear & Toland, P.C..(Brown, Donald) |
| Filing 74 CERTIFICATE OF SERVICE Of Discovery by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 73 CERTIFICATE OF SERVICE Of Discovery by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 72 CERTIFICATE OF SERVICE filed by Securian Life Insurance Company of Objections and Responses to Petitioner's Interrogatories and Requests for Production (Wizig, Diane) |
| Filing 71 CERTIFICATE OF SERVICE filed by Marlee Tatum Ellis (Michmerhuizen, Stephen) |
| Filing 70 CERTIFICATE OF SERVICE by Lovingood Law Firm, P.C..(Steele, Kelli) |
| Filing 69 CERTIFICATE OF SERVICE Responses to Petitioner Marlee Tatum Ellis' First Request for Production of Documents and Things to SmartBank, Inc. by Smartbank (Inc.).(Bledsoe, Jonathan) |
| Filing 68 CERTIFICATE OF SERVICE Responses to Petitioner Marlee Tatum Ellis' First Interrogatories to SmartBank, Inc. by Smartbank (Inc.).(Bledsoe, Jonathan) |
| Filing 67 NOTICE by Marlee Tatum Ellis of Intent to Serve Subpoena DT - Fidelity (Attachments: #1 Exhibit)(Michmerhuizen, Stephen) |
| Filing 66 NOTICE by Marlee Tatum Ellis of Intent to Serve Subpoena DT - Alight Solutions, LLC (Attachments: #1 Exhibit)(Michmerhuizen, Stephen) |
| Filing 65 NOTICE by Marlee Tatum Ellis of Intent to Serve Subpoena DT - Alight Solutions Benefit Payment Services, LLC (Attachments: #1 Exhibit)(Michmerhuizen, Stephen) |
| Filing 64 NOTICE by Marlee Tatum Ellis of Intent to Serve Subpoena DT - McKesson (Attachments: #1 Exhibit)(Michmerhuizen, Stephen) |
| Filing 63 CERTIFICATE OF SERVICE Document Production Request to Ryan Ellis by Smartbank (Inc.).(Bledsoe, Jonathan) |
| Filing 62 CERTIFICATE OF SERVICE Interrogatories to Ryan Ellis by Smartbank (Inc.).(Bledsoe, Jonathan) |
| Filing 61 CERTIFICATE OF SERVICE Document Production Request to Petitioner by Smartbank (Inc.).(Bledsoe, Jonathan) |
| Filing 60 CERTIFICATE OF SERVICE Interrogatories to Petitioner by Smartbank (Inc.).(Bledsoe, Jonathan) |
| Submission of #37 MOTION to Strike #1 Notice of Removal,Petition, to District Judge Michael L. Brown. (bjh) |
| Submission of #34 MOTION to Strike Petition, to District Judge Michael L. Brown. (bjh) |
| Filing 59 CERTIFICATE OF SERVICE of discovery documents by Jesse Raymond Bates, Jr, Thomas Chapman Causby, Little, Bates, Kelehear & Toland, P.C..(Brown, Donald) |
| Filing 58 CERTIFICATE OF SERVICE by M. Shane Lovingood, Lovingood Law Firm, P.C..(Steele, Kelli) |
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Filing 56
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (dgs) (ADI)
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| Filing 55 CERTIFICATE OF SERVICE OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO SECURIAN LIFE INSURANCE COMPANY by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 57 Minute Entry for proceedings held before Judge Michael L. Brown: Scheduling Conference held on 9/28/2020 via videoconference (Zoom) at the request of Petitioner and Respondent Securian Life. (See Dkt. 42 at 20-21.) The Court's rulings are as stated in the record. (Court Reporter Jana B. Colter)(bjh) |
| Filing 54 First Initial Disclosures by Jesse Raymond Bates, Jr, Thomas Chapman Causby, Little, Bates, Kelehear & Toland, P.C.. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment C, #3 Exhibit Attachment E)(Brown, Donald) |
| Filing 53 CERTIFICATE OF SERVICE of Initial Disclosures by Securian Life Insurance Company.(Wizig, Diane) |
| Filing 52 CERTIFICATE OF SERVICE OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO SMARTBANK (INC.) by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 51 CERTIFICATE OF SERVICE OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO LITTLE, BATES, KELEHEAR AND TOLAND, P.C. by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 50 NOTICE of Appearance by Kelli Kimberly Steele on behalf of M. Shane Lovingood, Lovingood Law Firm, P.C. (Steele, Kelli) |
| Filing 49 CERTIFICATE OF SERVICE OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO LOVINGOOD LAW FIRM by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 48 CERTIFICATE OF SERVICE OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO RYAN LEIGH ELLIS by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 47 CERTIFICATE OF SERVICE OF INITIAL DISCLOSURES by Marlee Tatum Ellis.(Michmerhuizen, Stephen) |
| Filing 46 Initial Disclosures by M. Shane Lovingood, Lovingood Law Firm, P.C..(Steele, Kelli) |
| Filing 45 Initial Disclosures by Smartbank (Inc.).(Bledsoe, Jonathan) |
| NOTICE OF VIDEO PROCEEDING (by docket entry only) : A Scheduling Conference is set for 9/28/2020 at 2:00 PM before Judge Michael L. Brown. Connection Instructions: Web link: https://ganduscourts.zoomgov.com/j/1605248230. Meeting ID: 160 524 8230. Passcode: 380599. Call-in number: 646-828-7666. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bgt) |
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Filing 44
ORDER: IT IS HEREBY ORDERED THAT Robert G. McCurry be granted leave of absence for the following periods: September 8, 2020 through November 15, 2020, re #39 Leave of Absence. Signed by Judge Michael L. Brown on 9/21/20. (bjh)
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| Filing 43 RESPONSE re #34 MOTION to Strike Petition, #37 MOTION to Strike #1 Notice of Removal,,, Petition filed by Marlee Tatum Ellis. (Attachments: #1 Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(Michmerhuizen, Stephen) |
| Filing 42 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Jesse Raymond Bates, Jr., Thomas Chapman Causby, Marlee Tatum Ellis, Ryan Leigh Ellis, Little, Bates, Kelehear & Toland, P.C., M. Shane Lovingood, Lovingood Law Firm, P.C., Gareth Ross Rogers, Roundtable Property & Development, LLC, Securian Life Insurance Company, Smartbank (Inc.), The Estate of Mark Lawson Ellis, the Mark Ellis Testamentary Trust Pursuant to Item VI of the Mark Ellis Last Will and Testament Dated July 12, 2013. (bgt) |
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ORDER (by docket entry only) granting the Lovingood Parties' #41 Motion to File Joint Preliminary Report and Discovery Plan out of time. No party objects to the motion. The Clerk is DIRECTED to file the [41-1] amended joint preliminary report and discovery plan as of the date of this order. Ordered by Judge Michael L. Brown on 9/16/2020. (bgt)
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| Filing 41 MOTION for Extension of Time Submit parties' portion of Joint Preliminary Report and Discovery Plan with Brief In Support by M. Shane Lovingood, Lovingood Law Firm, P.C.. (Attachments: #1 Exhibit Exhibit A - Joint Prelim. Rpt., #2 Text of Proposed Order Proposed Order)(Whitlock, Kathryn) |
| Filing 40 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Marlee Tatum Ellis. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Text of Proposed Order)(Michmerhuizen, Stephen) |
| Filing 39 Application for Leave of Absence for the following date(s): 9/8/2020 through 11/15/2020, by Robert Gregg McCurry. (Attachments: #1 Exhibit Letter to Judge Brown, #2 Exhibit Letter from Dr. at Mayo Clinic, #3 Text of Proposed Order Order)(McCurry, Robert) |
| Filing 38 Certificate of Interested Persons by Jesse Raymond Bates, Jr, Thomas Chapman Causby, Little, Bates, Kelehear & Toland, P.C.. (Brown, Donald) |
| Filing 37 MOTION to Strike #1 Notice of Removal,,, Petition with Brief In Support by Jesse Raymond Bates, Jr, Thomas Chapman Causby, Little, Bates, Kelehear & Toland, P.C.. (Attachments: #1 Brief Brief in Support of Motion to Strike)(Brown, Donald) |
| Filing 36 Verified ANSWER to #1 NOTICE OF REMOVAL by Jesse Raymond Bates, Jr, Thomas Chapman Causby, Little, Bates, Kelehear & Toland, P.C..(Brown, Donald) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 35 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by M. Shane Lovingood, Lovingood Law Firm, P.C..(Whitlock, Kathryn) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 34 MOTION to Strike Petition with Brief In Support by M. Shane Lovingood, Lovingood Law Firm, P.C.. (Attachments: #1 Brief Brief in Support of Motion to Strike)(Whitlock, Kathryn) |
| Filing 33 DEMAND for Trial by Jury by Marlee Tatum Ellis. (Michmerhuizen, Stephen) |
| Filing 32 ANSWER to #1 NOTICE OF REMOVAL by Securian Life Insurance Company.(Wizig, Diane) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 31 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Ryan Leigh Ellis.(McCurry, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 30
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (dgs) (ADI)
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| Filing 29 Certificate of Interested Persons by Smartbank (Inc.). (Bledsoe, Jonathan) |
| Filing 28 ANSWER to #1 NOTICE OF REMOVAL by Smartbank (Inc.). Discovery ends on 1/29/2021.(Bledsoe, Jonathan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 27
ORDER granting #25 Motion for Extension of Time to Answer re #1 Notice of Removal, Ryan Leigh Ellis Answer due 9/4/2020; Little, Bates, Kelehear & Toland, P.C. Answer due 9/4/2020; M. Shane Lovingood Answer due 9/4/2020; Lovingood Law Firm, P.C. Answer due 9/4/2020; Securian Life Insurance Company Answer due 9/4/2020; Smartbank (Inc.) Answer due 9/4/2020; The Estate of Mark Lawson Ellis Answer due 9/4/2020; the Mark Ellis Testamentary Trust Pursuant to Item VI of the Mark Ellis Last Will and Testament Dated July 12, 2013 Answer due 9/4/2020. Signed by Judge Michael L. Brown on 8/31/2020. (dob)
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Filing 26
ORDER granting #24 Motion to Withdraw/ Defer Ruling on Motion; withdrawing #14 Motion to Stay; withdrawing #14 Motion for Costs. No response is required byPetitioner, and no further order shall issue thereupon. Signed by Judge Michael L. Brown on 8/31/2020. (dob)
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| Filing 25 Joint MOTION for Extension of Time Respond to Verified Petition by M. Shane Lovingood, Lovingood Law Firm, P.C.. (Attachments: #1 Text of Proposed Order Proposed Order)(Whitlock, Kathryn) Modified on 8/31/2020 to edit event selected (dob). |
| Filing 24 Joint MOTION to WITHDRAW/Defer Ruling re #14 MOTION to Stay Proceedings and MOTION for Costs and Attorney's Fees by Marlee Tatum Ellis. (Attachment: #1 Proposed Order)(Michmerhuizen, Stephen) Modified on 8/28/2020 to edit text to reflect pdf (bjh). |
| Submission of #7 MOTION to Remand to State Court, to District Judge Michael L. Brown. (bjh) |
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Filing 23
ORDER granting #21 Motion for Extension of Time to Respond to SecurianLife Insurance Company's #14 Rule 41(d) Motion to Stay Proceedings and for Costs and Attorney Fees. Petitioner's Response shall be served on or before Friday, August 28, 2020. Signed by Judge Michael L. Brown on 8/20/20. (bjh)
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| Filing 22 REPLY to Response to Motion re #7 MOTION to Remand to State Court filed by Marlee Tatum Ellis. (Michmerhuizen, Stephen) |
| Filing 21 Joint MOTION for Extension of Time FOR PETITIONER TO RESPOND TO SECURIAN LIFE INSURANCE COMPANYS RULE 41(d) MOTION TO STAY PROCEEDINGS AND FOR COSTS AND ATTORNEY FEES re: #14 MOTION to Stay Proceedings and MOTION for Costs and Attorney's Fees by Marlee Tatum Ellis. (Attachments: #1 Text of Proposed Order)(Michmerhuizen, Stephen) |
| Filing 20 Corporate Disclosure Statement by Ryan Leigh Ellis by Ryan Leigh Ellis.(McCurry, Robert) |
| Filing 19 Certificate of Interested Persons by M. Shane Lovingood, Lovingood Law Firm, P.C.. (Steele, Kelli) |
| Filing 18 Return of Service Executed by Marlee Tatum Ellis. Gareth Ross Rogers served on 8/5/2020, answer due 8/31/2020. (Michmerhuizen, Stephen) |
| Filing 17 OPPOSITION to Petitioner's #7 Motion to Remand and Adopting Securian Life Insurance Company's #13 Response in Opposition, filed by Ryan Leigh Ellis. (McCurry, Robert) Modified on 8/12/2020 to edit text to reflect pdf (bjh). |
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Filing 16
ORDER granting #15 Motion for Extension of Time to file Joint Preliminary Report and Discovery Plan and to serve Initial Disclosures. The parties' Joint Preliminary Report and Discovery Plan shall be filed on or before Monday, September 14, 2020. The parties' Initial Disclosures shall be served on or before Monday, September 28, 2020. Signed by Judge Michael L. Brown on 8/10/20. (bjh)
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| Filing 15 Joint MOTION for Extension of Time File Joint Preliminary Report and Discovery Plan and to Serve Initial Disclosures by Marlee Tatum Ellis. (Attachments: #1 Text of Proposed Order)(Michmerhuizen, Stephen) |
| Filing 14 MOTION to Stay Proceedings and, MOTION for Costs and Attorney's Fees with Brief In Support by Securian Life Insurance Company. (Attachments: #1 Exhibit 1 - Ryan Ellis v. Janice Ellis, #2 Exhibit 2 - Draft Petition, #3 Exhibit 3 - June 12, 2020 Letter)(Wizig, Diane) |
| Filing 13 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by Securian Life Insurance Company. (Attachments: #1 Exhibit 1 - Cole Cruz Declaration, #2 Exhibit 1-A - Policy)(Wizig, Diane) |
| Filing 12 NOTICE by Securian Life Insurance Company of Consent of Withdrawal of Andrea E. Nieto and Substitution of Diane S. Wizig as Counsel of Record (Wizig, Diane) Modified on 8/5/2020 to edit text (bjh). |
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Filing 11
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (rvb) (ADI)
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| Filing 10 Return of Service Executed by Marlee Tatum Ellis. Ryan Leigh Ellis served on 7/7/2020, answer due 8/31/2020. (Michmerhuizen, Stephen) |
| Filing 9 NOTICE by M. Shane Lovingood, Lovingood Law Firm, P.C. of Leave of Absence 8/10/20 - 8/18/20. (Whitlock, Kathryn) Modified on 7/30/2020 to enter dates (bjh). |
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Filing 8
ORDER granting #6 Motion for Extension of Time to Answer. Jesse Raymond Bates, Jr. Answer due 8/31/2020; Thomas Chapman Causby Answer due 8/31/2020; Ryan Leigh Ellis Answer due 8/31/2020; Little, Bates, Kelehear & Toland, P.C. Answer due 8/31/2020; M. Shane Lovingood Answer due 8/31/2020; Lovingood Law Firm, P.C. Answer due 8/31/2020; Gareth Ross Rogers Answer due 8/31/2020; Roundtable Property & Development, LLC Answer due 8/31/2020; Securian Life Insurance Company Answer due 8/31/2020; Smartbank (Inc.) Answer due 8/31/2020; The Estate of Mark Lawson Ellis Answer due 8/31/2020; the Mark Ellis Testamentary Trust Pursuant to Item VI of the Mark Ellis Last Will and Testament Dated July 12, 2013 Answer due 8/31/2020. Signed by Judge Michael L. Brown on 7/24/20. (bjh)
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| Filing 7 MOTION to Remand to State Court with Brief In Support by Marlee Tatum Ellis. (Attachments: #1 Brief, #2 Text of Proposed Order)(Michmerhuizen, Stephen) |
| Filing 6 Joint MOTION for Extension of Time File Response to Verified Petition by Securian Life Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Nieto, Andrea) Modified on 7/24/2020 to edit event tyep (bjh). |
| Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Marlee Tatum Ellis identifying Other Affiliate Warren N. Coppedge, Other Affiliate Bryan L. Rayburn, Other Affiliate Coppedge & Associates, P.C. d/b/a Coppedge, Michmerhuizen, Rayburn | Attorneys at Law, Other Affiliate Stephen Michmerhuizen for Marlee Tatum Ellis. (Michmerhuizen, Stephen) |
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Filing 4
STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 11/8/2019. (bgt)
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| Filing 3 NOTICE Of Filing by Securian Life Insurance Company re #1 Notice of Removal, Certificate of Interested Persons and Corporate Disclosures Statement, Exhibit 5C, 5D & 5E (Attachments: #1 Certificate of Interested Persons, #2 Exhibit 5C, #3 Exhibit 5C, #4 Exhibit 5C, #5 Exhibit 5C, #6 Exhibit 5D, #7 Exhibit 5D, #8 Exhibit 5D, #9 Exhibit 5D, #10 Exhibit 5D, #11 Exhibit 5D, #12 Exhibit 5D, #13 Exhibit 5D, #14 Exhibit 5D, #15 Exhibit 5D, #16 Exhibit 5D, #17 Exhibit 5D, #18 Exhibit 5D, #19 Exhibit 5E)(Nieto, Andrea) Modified on 7/21/2020 to edit spelling (bjh). |
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Filing 2
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/20. (bjh)
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| Filing 1 NOTICE OF REMOVAL with COMPLAINT from State Court filed by Securian Life Insurance Company. (Filing fee $ 400 receipt number AGANDC-9927282) (Attachments: #1 Civil Cover Sheet, #2 Exh 1 St Ct Petition, #3 Exh 2 Third Amd Cmp, #4 McKesson Term Life Policy, #5 Exh 4 Assignment, #6 Exh 5-A St Summons, #7 Exh 5-B Ntc Removal, #8 Exh 5-C Affidavit Overby, #9 Exh 5-D Affidavit French, #10 Exh 5-E Affidavit Swafford, #11 Exh 5-F Ack Svc Bates, et al, #12 Exh 5-G Ack Svc Smartbanks, #13 Exh 5-H Stipulation Ext, #14 Exh 5-I Ack Svc Lvngd & Lvngd Law, #15 Exh 5-J Vol Recusal, #16 Exh 6 Ntc Filing Ntc Removal, #17 Exh 7 Consent to Removal)(bjh) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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