S. USA Life Insurance Company, Inc. v. Lemmen
Plaintiff: S. USA Life Insurance Company, Inc.
Defendant: Thomas J Lemmen
Case Number: 2:2022cv00263
Filed: September 14, 2022
Court: US District Court for the Northern District of Indiana
Presiding Judge: John E Martin
Referring Judge: Philip P Simon
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2022 Opinion or Order Filing 32 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (smb)
November 7, 2022 Opinion or Order Filing 31 ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 12/8/2022 12:30 PM Central before Magistrate Judge John E Martin. Parties' proposed joint discovery plan in accordance with FRCP 26(f) due by 12/2/2022. Signed by Magistrate Judge John E Martin on 11/7/2022. (smb)
November 3, 2022 Opinion or Order Filing 30 Defendant's ANSWER to #1 Complaint, by Thomas J Lemmen.(Treasure, Justin)
October 20, 2022 Opinion or Order Filing 29 OPINION AND ORDER granting #6 Motion for Expedited Discovery in accordance with the attached order. Signed by Magistrate Judge John E Martin on 10/20/2022. (smb)
October 14, 2022 Opinion or Order Filing 28 ORDER: GRANTING #27 Joint Motion for Preliminary Injunction. The Court approves of the agreement between the parties. Signed by Judge Philip P Simon on 10/14/2022. (nac)
October 14, 2022 Opinion or Order Filing 27 Joint MOTION for Preliminary Injunction by Plaintiff S. USA Life Insurance Company, Inc.. (Attachments: #1 Exhibit Proposed Preliminary Injunction)(Cole, Aimee)
October 7, 2022 Opinion or Order Filing 26 NOTICE of Appearance by George S Ivancevich on behalf of Thomas J Lemmen (Ivancevich, George)
October 6, 2022 Opinion or Order Filing 25 ORDER STRIKING 19 Notice of Appearance of Attorney Justin Treasure filed by Thomas J. Lemmen; STRIKING 20 Notice of Appearance of George S. Ivancevich filed by Thomas J. Lemmen with leave to refile documents that comply with the applicable local rules and CM/ECF User Manual guidelines. Signed by Magistrate Judge John E Martin on 10/6/2022. (smb)
October 6, 2022 Opinion or Order Filing 24 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 10/6/2022. (smb)
October 6, 2022 Opinion or Order Filing 23 ORDER GRANTING #21 MOTION for Extension of Time to File Answer through & including 11/3/2022 filed by Thomas J Lemmen. Text entry order. By Magistrate Judge John E Martin on 10/6/2022. (smb)
October 6, 2022 Opinion or Order Filing 22 NOTICE of Appearance by Justin M Treasure on behalf of Thomas J Lemmen (Treasure, Justin)
October 6, 2022 Opinion or Order Set 11/3/2022 Answer Deadline (smb)
October 5, 2022 Opinion or Order Filing 21 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, #13 Order,,,, Terminate Motions,,, through & including November 3, 2022, by Defendant Thomas J Lemmen. (Rossi, Paul)
October 5, 2022 Opinion or Order Filing 18 NOTICE of Appearance by Paul A Rossi on behalf of Thomas J Lemmen (Rossi, Paul)
September 27, 2022 Opinion or Order Filing 17 ORDER: IT IS ORDERED that, during the pendency of this Order, Lemmen is restrained and enjoined from doing or causing others to do the following as outlined in this Order. IT IS FURTHER ORDERED that this Order is effective for 14 days past the expiration of the previous temporary restraining order, or up and until 10/14/2022, pursuant to Fed. R. Civ. P. 65(b)(2). The Clerk is ORDERED to mail a copy of this to: Thomas J. Lemmen, 1001 West 70th Place, Schererville, IN 46375. Signed by Judge Philip P Simon on 9/27/2022. (Copy mailed as directed in Order)(shk)
September 27, 2022 Opinion or Order Filing 16 HEARING held on 9/27/2022 before Judge Philip P Simon. Pla appeared by attorney Aimee Rivera Cole. No one appears for the dft. Court makes a record of the fact that ten minutes after the hearing start time the defendant was not present nor was anyone present on his behalf. The plf reminds the court that the motion for expedicated discovery remains pending. The Court will extend the TRO for another fourteen days - a court order will be issued. (Court Reporter Stacy Drohosky.) (nac)
September 20, 2022 Opinion or Order Filing 15 SUMMONS Returned Executed by S. USA Life Insurance Company, Inc.. Thomas J Lemmen served on 9/15/2022, answer due 10/6/2022. (Attachments: #1 Exhibit Proof of Delivery of Summons)(Cole, Aimee)
September 19, 2022 Opinion or Order Filing 14 NOTICE of Hearing/Deadlines: with In Person Hearing to be held on 9/27/2022 02:30 PM (central time) in US District Court - Hammond before Judge Philip P Simon. (nac)
September 16, 2022 Opinion or Order Filing 13 ORDER: The Motion for a TRO #4 is GRANTED IN PART. IT IS ORDERED that, during the pendency of this Order, Lemmen is restrained and enjoined from doing or causing others to do the following as outlined in this Order. IT IS FURTHER ORDERED that this Order is effective for 14 days pursuant to Fed. R. Civ. P. 65(b)(2), unless within such time the Order is extended or unless Defendant consents that it may be extended for longer period. Regarding the Motion for Preliminary Injunction, a hearing on Plaintiffs Motion for Preliminary Injunction shall be set by separate order, after Lemmen has been served. During the hearing, the Court will set a briefing schedule and a hearing date for the motion for preliminary injunction. (Copy mailed to Defendant) Signed by Judge Philip P Simon on 9/16/2022. (shk)
September 15, 2022 Opinion or Order Filing 12 NOTICE by S. USA Life Insurance Company, Inc. REGARDING JURISDICTION (Cole, Aimee)
September 15, 2022 Opinion or Order Filing 11 TELEPHONE CONFERENCE held on 9/15/2022 before Judge Philip P Simon. l Plaintiff appeared by attorney Aimee Rivera Cole. No one appears for the defense. Attorney Cole explains to the court the efforts to contact the defendant but at this point there has been no response from the dft. Court's discussion on the case with Attorney Cole. The plf shall file a statement of counsel clarifying the issues regarding jurisdiction within the next several days. Court will issue an order regarding the plf's filings. An in person hearing will be scheduled shortly. (Court Reporter Stacy Drohosky.) (nac)
September 14, 2022 Opinion or Order Filing 10 ORDER: Plaintiff, S. USA Life Insurance Company, has filed a Motion for Temporary Restraining Order and Preliminary Injunction #4 and memorandum in support #6 . This matter is TAKEN UNDER ADVISEMENT. Additionally, an AT&T telephonic conference is set for Thursday, September 15, 2022, at 9:00 a.m. Hammond/ Central Time, before the undersigned. The parties shall dial 888-363-4749 and enter the code 9147763 when prompted. Signed by Judge Philip P Simon on 9/14/2022. (rmf)
September 14, 2022 Opinion or Order Filing 9 NOTICE of Appearance by F Anthony Paganelli on behalf of S. USA Life Insurance Company, Inc. (Paganelli, F)
September 14, 2022 Opinion or Order Filing 8 NOTICE of Appearance by Joshua R Lowry on behalf of S. USA Life Insurance Company, Inc. (Lowry, Joshua)
September 14, 2022 Opinion or Order Filing 7 Summons Issued as to Thomas J Lemmen. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (shk)
September 14, 2022 Opinion or Order Filing 6 MOTION to Expedite Discovery by Plaintiff S. USA Life Insurance Company, Inc.. (Attachments: #1 Exhibit A- Proposed Discovery)(Cole, Aimee)
September 14, 2022 Opinion or Order Filing 5 MEMORANDUM in Support of #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by S. USA Life Insurance Company, Inc.. (Cole, Aimee)
September 14, 2022 Opinion or Order Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff S. USA Life Insurance Company, Inc.. (Attachments: #1 Affidavit Declaration of Russell Johnson)(Cole, Aimee)
September 14, 2022 Opinion or Order Filing 3 Corporate Disclosure Statement by S. USA Life Insurance Company, Inc. identifying Corporate Parent Prosperity Holding Company, Corporate Parent Prosperity Life Insurance Group, LLC, Corporate Parent Prosperity Group Holdings, LP for S. USA Life Insurance Company, Inc... (Cole, Aimee)
September 14, 2022 Opinion or Order Filing 2 NOTICE of Appearance by Aimee Rivera Cole on behalf of S. USA Life Insurance Company, Inc. (Cole, Aimee)
September 14, 2022 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against Thomas J Lemmen( Filing fee $ 402 receipt number AINNDC-5022070.), filed by S. USA Life Insurance Company, Inc.. (Attachments: #1 Exhibit A- Contract, #2 Exhibit B-Advancing Addendum, #3 Civil Cover Sheet, #4 Proposed Summons)(Cole, Aimee)
September 14, 2022 Opinion or Order **NEW CASE, MOTIONS PENDING** Judge Philip P Simon and Magistrate Judge John E Martin added. (shk)

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Plaintiff: S. USA Life Insurance Company, Inc.
Represented By: F Anthony Paganelli
Represented By: Joshua R Lowry
Represented By: Aimee Rivera Cole
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Defendant: Thomas J Lemmen
Represented By: George S Ivancevich
Represented By: Justin M Treasure
Represented By: Paul A Rossi
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