Ohio National Life Assurance Corporation v. Davis, et al
| Ohio National Life Assurance Corporation |
| Douglas W. Davis, Theodore R. Floyd Irrevocable Life Insurance Trust, Robert S. Harris Irrevocable Life Insurance Trust, Mary Ann Harris Irrevocable Life Insurance Trust, Movash Morady, Christiana Bank & Trust Company, Steven Egbert, Shirlee Davis, Shirlee Davis Irrevocable Life Insurance Trust and Charles M. Bonaparte, Sr. Irrevocable Life Insurance Trust |
| 1:2010cv02386 |
| April 16, 2010 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Virginia M. Kendall |
| Insurance |
| 28 U.S.C. ยง 2201 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
311
MEMORANDUM Opinion and Order: For the foregoing reasons, (1) the Moradys' motion to vacate the Court's grant of summary judgment in Ohio National's favor, 289 , is denied, and (2) Ohio National's motion for judgment on damages, 277 , is granted to the extent that judgment is entered in favor of Ohio National and against Davis and the Moradys, jointly and severally, in the amount of $725,666.56 (comprised of $120,271.41 in damages in the form of commissions paid t o Mavash Morady, plus $605,395.15 in damages in the form of attorney's fees and costs expended in seeking the declaratory judgment), and denied to the extent that the Court will not grant Ohio National punitive damages. Additionally, judgm ent is entered in favor of Egbert and against Ohio National in the amount of $90,644.38. The Clerk of Court is directed to release the funds in escrow in this case in the amount of $90,644.38 to Steven Egbert, to satisfy the judgment again st Ohio National. The Clerk of Court is also directed to release the remainder of the funds in escrow in this case, plus the accrued interest, and minus the registry fee, to Ohio National. Ohio National should submit an Internal Revenue Service Form W-9 to the Clerk of Court to secure the release of the funds. Civil case terminated. Signed by the Honorable Thomas M. Durkin on 10/24/2014:Mailed notice(srn, )
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Filing
277
MOTION by Plaintiff Ohio National Life Assurance Corporation for judgment , Ohio National Life Assurance Corporation's Motion for Judgment on Damages (Herring, Jacqueline)
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Filing
275
MEMORANDUM Opinion and Order:Ohio Nationals motion, R. 241, is granted, and Steven Egberts motion, R. 248; R. 249, and Paul Moradys motion, R. 263, are denied to the extent that the Bonaparte policy is declared void ab initio. Ohio Nationals motion is granted, and Paul Moradys motion is denied, to the extent that Douglas Davis, Paul Morady and Mavash Morady are liable for civil conspiracy to procure the Bonaparte and Floyd policies, and Mavash Morady is liable for fraud and breach of contract. Ohio Nationals motion is denied, and Steven Egberts motion is granted, to the extent that Ohio National must return any premiums Egbert paid on the Bonaparte policy. Ohio Nationals motion is granted, and Paul Moradys motion is denied, to the extent t hat Ohio National may retain any premiums Paul Morady paid Ohio National.A status conference is scheduled for February 21, 2014, at 9 a.m., at whichthe parties should be prepared to discuss how to proceed with the following claims that Ohio Nationals motion did not address: Count II against Davis for fraud; Count III against Davis for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act; Count V against Davis for unjust enrichment; and Count VI against Shirlee Davis and Theodore Floyd for civil conspiracy. Absent another reasonable suggestion, a prompt trial date will be set. The parties should also be prepared to discuss the procedure for calculation of damages on the claims decided by this Order. Status hearing set for 2/21/2014 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 2/7/2014:Mailed notice(srn, )
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Filing
120
MEMORANDUM Opinion and Order Signed by the Honorable Virginia M. Kendall on 7/6/2011.(tsa, )
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Filing
61
Motion to dismiss 34 is granted; WRITTEN Opinion Signed by the Honorable Virginia M. Kendall on 9/27/2010.(tsa, )
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