WEST v. WILCO LIFE INSURANCE COMPANY
| SHERRI WEST |
| WILCO LIFE INSURANCE COMPANY and CONSECO LIFE INSURANCE COMPANY |
| 1:2020cv02961 |
| November 12, 2020 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tanya Walton Pratt |
| Doris L Pryor |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 45
SCHEDULING ORDER - This matter is set for a telephone status conference on February 8, 2021 at 9:30 a.m. (Eastern). The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 1/8/2021. (NAD) Modified on 1/8/2021 - copies via US Mail per distribution list (NAD).
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Filing 44
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NAD)
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Filing 43
Case transferred in from District of Tennessee Middle; Case Number 3:20-cv-00464. Original file copy of transfer order and docket sheet received.
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Filing 42
ORDER: For the reasons stated in the accompanying Memorandum, the Motion to Transfer Venue is GRANTED. Accordingly, this action is TRANSFERRED to the United States District Court for the Southern District of Indiana. Defendant's Motion to Dismiss for Failure to State a Claim (Doc. No. #14 ) is left for consideration by the transferee court. Signed by District Judge William L. Campbell, Jr on 11/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 41
MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 11/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 40
AGREED PROTECTIVE ORDER Signed by Magistrate Judge Jeffery S. Frensley on 11/5/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 39
Joint MOTION for Protective Order by Wilco Life Insurance Company. (Attachments: #1 Attachment Agreed Protective Order)(Brinkman, Taylor) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 38
ORDER granting #27 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Taylor F. Brinkman is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 10/14/2020. (vk) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 37
ORDER granting #26 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Carl C. Scherz is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 10/14/2020. (vk) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 36
ORDER granting #34 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 10/13/2020. (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 35
REPLY to Response to re #14 MOTION to Dismiss for Failure to State a Claim filed by Wilco Life Insurance Company. (Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 34
Unopposed MOTION for Leave to File Excess Pages (for Reply Brief in Support of Motion to Dismiss) by Wilco Life Insurance Company. (Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 33
REPLY to Response to re #16 MOTION to Transfer Venue, Or, Alternatively, to Dismiss for Lack of Personal Jurisdiction filed by Wilco Life Insurance Company. (Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 32
ORDER: The Court held a Case Management Conference by telephone on October 9, 2020. Initial Disclosures must be provided by October 30, 2020 including the actuarial memorandum discussed in the conference. Otherwise, discovery is stayed pending the Initial Case Management Conference set for December 7, 2020 at 10:00 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 10/9/2020. (am) [Transferred from Tennessee Middle on 11/12/2020.]
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Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 10/9/2020. (Hearing lasted 00:21)(ms) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 31
PROPOSED CASE MANAGEMENT ORDER filed by Wilco Life Insurance Company. (Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 30
ORDER: The Initial Case Management Conference set for October 9, 2020 at 9:00 a.m. will be conducted by telephone. All parties shall call 1-877-336-1831, and when prompted for the access code, enter 7039387# to participate in the Case Management Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please call 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 10/5/2020. (vh) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 29
ORDER granting #28 Motion for Extension of Time to File Reply re #14 MOTION to Dismiss for Failure to State a Claim, #16 MOTION to Transfer Venue, Or, Alternatively, to Dismiss for Lack of Personal Jurisdiction. Replies due by 10/12/2020. Signed by District Judge William L. Campbell, Jr on 10/2/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 11/12/2020.]
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TX State Bar status verified as active for Carl Scherz and Taylor Brinkman not admitted to this court - Local counsel required. (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 28
Unopposed MOTION for Extension of Time to File Response/Reply Motion to Extend Deadline to Submit Reply Briefs in Support of Two Pending Motions - Motion to Dismiss and Motion to Transfer Venue by Wilco Life Insurance Company. (Attachments: #1 Attachment - Proposed Order)(Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 27
MOTION for attorney Taylor F. Brinkman to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3225296) by Wilco Life Insurance Company. (Attachments: #1 Attachment - Certificate of Good Standing)(Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 26
MOTION for attorney Carl C. Scherz to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3225281) by Wilco Life Insurance Company. (Attachments: #1 Attachment - Certificate of Good Standing)(Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 25
DECLARATION of Stephen J. Fearon, Jr. filed by Sherri West re: #24 Response in Opposition to Motion. (Attachments: #1 Exhibit A - Annual Statements 2014 to 2018)(Fearon, Stephen) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 24
RESPONSE in Opposition re #16 MOTION to Transfer Venue, Or, Alternatively, to Dismiss for Lack of Personal Jurisdiction filed by Sherri West. (Fearon, Stephen) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 23
RESPONSE in Opposition re #14 MOTION to Dismiss for Failure to State a Claim filed by Sherri West. (Fearon, Stephen) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 22
ORDER granting #21 Motion for Extension of Time to File Response to #14 and #16 MOTIONS to Transfer Venue, Or, Alternatively, to Dismiss. Signed by District Judge William L. Campbell, Jr on 9/9/2020. (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 21
MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Transfer Venue, Or, Alternatively, to Dismiss for Lack of Personal Jurisdiction , #14 MOTION to Dismiss for Failure to State a Claim (Unopposed) by Sherri West. (Leniski, Joey) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 20
NOTICE of Appearance by Sara K. Morgan on behalf of Wilco Life Insurance Company (Morgan, Sara) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 19
ORDER OF RECUSAL. District Judge Eli J. Richardson recused. (Case randomly reassigned to District Judge William L. Campbell, Jr by the Clerk's Office for all further proceedings). Signed by District Judge Eli J. Richardson on 9/2/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 18
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Wilco Life Insurance Company. (Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 17
MEMORANDUM in Support of #16 MOTION to Transfer Venue, Or, Alternatively, to Dismiss for Lack of Personal Jurisdiction filed by Wilco Life Insurance Company . (Attachments: #1 Attachment - Appendix)(Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 16
MOTION to Transfer Venue, Or, Alternatively, to Dismiss for Lack of Personal Jurisdiction by Wilco Life Insurance Company. (Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 15
MEMORANDUM in Support of #14 MOTION to Dismiss for Failure to State a Claim filed by Wilco Life Insurance Company . (Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 14
MOTION to Dismiss for Failure to State a Claim by Wilco Life Insurance Company. (Phillips, W.) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 13
ORDER: Pending before the Court is Plaintiff's Unopposed Motion to Continue the Initial Case Management Conference in this matter, which is set for August 18, 2020, at 9:30 a. m. Docket No. #12 . The Motion is GRANTED. The Initial Case Management Conference in this matter is hereby RESET for October 9, 2020 at 9:00 a.m. Signed by Magistrate Judge Jeffery S. Frensley on 8/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)[Transferred from Tennessee Middle on 11/12/2020.]
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Set/Reset Hearings: Initial Case Management Conference reset for 10/9/2020 at 09:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (vh) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 12
MOTION to Continue Initial Case Management Conference by Sherri West. (Leniski, Joey) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 11
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 8/12/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 10
SUMMONS returned executed by Sherri West. Wilco Life Insurance Company served on 6/24/2020. (Leniski, Joey) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 9
ORDER granting #7 Motion for Paul Sweeny to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/11/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 8
ORDER granting #6 Motion for Stephen John Fearon, Jr to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/11/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 7
MOTION for attorney Paul Sweeny to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3156661) by Sherri West. (Attachments: #1 Attachment A - Admissions Information, #2 Attachment Declaration of PS, #3 Attachment Certificate of Good Standing PS)(Leniski, Joey) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 6
MOTION for attorney Stephen John Fearon, Jr. to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3156659) by Sherri West. (Attachments: #1 Attachment A- Admissions Information, #2 Attachment Declaration of SJF re PHV, #3 Attachment Certificate of Standing SJF)(Leniski, Joey) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 5
Summons issued as to Wilco Life Insurance Company. (Service copies will be returned to counsel by mail.) (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 4
NOTICE of Initial Case Management Conference set for 8/18/2020 at 9:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 3
NOTICE of Business Entity Disclosure Statement filing requirement. (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 2
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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NOTICE TO COUNSEL Stephen J. Fearon and Paul Sweeny: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 6/25/2020. (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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TN State Bar status verified as active for Joey P. Leniski, Jr and James Gerard Stranch, III. NY State Bar status verified as active for Stephen J. Fearon and Paul Sweeny. (dt) [Transferred from Tennessee Middle on 11/12/2020.]
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Filing 1
COMPLAINT against Wilco Life Insurance Company (Filing fee $400, Receipt number 0650-3152196), filed by Sherri West. (Attachments: #1 Exhibit A - Policy No. 0701010944, #2 Exhibit B - Letter dtd July 6, 2011, #3 Attachment - Civil Cover Sheet)(dt) Modified on 6/3/2020 (dt). [Transferred from Tennessee Middle on 11/12/2020.]
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