LEIMKUEHLER v. AMERICAN UNITED LIFE INSURANCE COMPANY
| ROBERT V LEIMKUEHLER |
| AMERICAN UNITED LIFE INSURANCE COMPANY |
| 1:2010cv00333 |
| March 22, 2010 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Jane Magnus-Stinson |
| Larry J. McKinney |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1132 E.R.I.S.A. |
| None |
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The following documents for this case are available for you to view or download:
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Filing
210
ORDER - AUL's Motion for Attorney's Fees and Costs, dkt. 183 , is DENIED. In light of that denial, the AARP's Motion for Leave to File Brief Amicus Curiae in Opposition to Defendant's Motion for Attorney's Fees, dkt. 190 , and the Trustee's Motion to Stay, dkt. 206 , are DENIED AS MOOT. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 5/31/2012. (JKS)
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Filing
166
ORDER denying as moot 91 Plaintiff's Motion to Certify Class - Court now DENIES AS MOOT given the Court's entry of summary judgment in favor of the Defendant. Signed by Judge Jane Magnus-Stinson on 1/5/2012. (JKS)
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Filing
75
ORDER re: Plaintiff / Counter-defendant Robert Leimkuehler's motion to dismiss Defendant / Counter-plaintiff American United Life Insurance Company's Counterclaims. [Dkt. 68.] For the reasons detailed herein, the Court GRANTS IN PART and D ENIES IN PART the Trustee's motion. (See Order.) The motion is DENIED with respect to Counts I and II, except to the extent that those counts rely upon 29 U.S.C. § 1105(a). The motion is GRANTED with respect to Counts III and IV. The motion is DENIED WITHOUT PREJUDICE as to Count V. Signed by Judge Jane Magnus-Stinson on 4/25/2011. (LBK)
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Filing
63
ENTRY granting in part and denying in part 47 Defendant American United Life Insurance Company's Motion for Judgment on the Pleadings against all of the claims of Plaintiff Trustee Robert V. Leimkuehler (the "Trustee") under Fed. R. Civ. P. 12(c). For the reasons set forth herein, the motion is granted in part and denied in part. The motion is DENIED as to Count I in its entirety and Count II, to the extent that it claims that AUL, as a fiduciary, violated 29 U.S.C. 1106(b)(3). The motion is GRANTED as to Count II, to the extent that it claims that AUL, as a fiduciary, violated 29 U.S.C. 1106(b)(1) and as to Count IV in its entirety. Count III is a prayer for injunctive relief and asserts no substantive claims, and will su rvive only in conjunction with the substantive claims that remain. No partial judgment shall issue as to the claims resolved in this Entry; final judgment will issue at the conclusion of all the proceedings. Signed by Judge Jane Magnus-Stinson on 10/22/2010. (LBK)
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| Defendant: AMERICAN UNITED LIFE INSURANCE COMPANY | |
| Represented By: | Deborah A. Coleman |
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| Plaintiff: ROBERT V LEIMKUEHLER | |
| Represented By: | Klint L. Bruno |
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