AMERICAN UNITED LIFE INSURANCE COMPANY v. EMPLOYERS REASSURANCE CORPORATION
| AMERICAN UNITED LIFE INSURANCE COMPANY |
| EMPLOYERS REASSURANCE CORPORATION |
| 1:2023mc00029 |
| May 23, 2023 |
| U.S. District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0010 Petition to Vacate Arbitration Award |
Docket Report
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 51 CLARIFICATION ENTRY - The Court entered a marginal entry requiring ERAC to file a non-redacted sur- reply under seal and a motion to maintain that sur-reply under seal no later than July 15, 2023. [Filing No. 45.] Due to a non-redacted version previously filed at Filing No. 39 and the Court's ruling at Filing No. 43, ERAC's counsel need not file a motion to maintain under seal by July 15, 2023. Signed by Magistrate Judge Tim A. Baker on 7/13/2023.(SWM) |
| Filing 50 AMERICAN UNITED LIFE INSURANCE COMPANY'S RESPONSE IN OPPOSITION TO PETITION FOR CONFIRMATION OF AN ARBITRATION AWARD, filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (KAA) |
Filing 49
ORDER ON AMERICAN UNITED LIFE INSURANCE COMPANY'S MOTION FOR LEAVE TO FILE OUT OF TIME ITS RESPONSE IN OPPOSITION TO PETITION FOR CONFIRMATION OF AN ARBITRATION AWARD - granting #38 Motion for Leave to File. Movant's Response In Opposition To Petition For Confirmation Of An Arbitration Award is DEEMED FILED as of the date of this order. Signed by Magistrate Judge Tim A. Baker on 7/11/2023. (KAA)
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| Filing 48 AMERICAN UNITED LIFE INSURANCE COMPANY'S SUR-RESPONSE IN SUPPORT OF MOTION TO VACATE ARBITRATION AWARD, filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (KAA) |
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Filing 47
ORDER ON AMERICAN UNITED LIFE INSURANCE COMPANY'SMOTION FOR LEAVE TO FILE SUR-RESPONSEIN SUPPORT OF MOTION TO VACATE ARBITRATION AWARD - American United Life Insurance Co. ("AUL") has filed a motion for leave to file a surresponse. The Court has reviewed the motion for extension of time and for good cause shown, hereby grants the Motion. Filing No. #44 . AUL's sur-response brief is hereby deemed as of the date of this order. Copy to Mr. Gygal via US Mail Signed by Magistrate Judge Tim A. Baker on 7/11/2023. (KAA)
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| Filing 46 Surreply re #1 MOTION to Vacate Arbitration Award, filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (KAA) |
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Filing 45
MARGINAL ENTRY/ORDER granting #40 Motion for Leave to File sur-reply to the Reply Brief in Support of Motion to Vacate Arbitration Award. The Clerk shall file the redacted version of the sur-reply into the record. ERAC shall file a non-redacted sur-reply under seal and a motion to maintain that sur-reply under seal no later than July 15, 2023. Signed by Magistrate Judge Tim A. Baker on 7/11/2023. (KAA) Modified on 7/11/2023 to correct motion docket number (KAA).
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| Filing 44 MOTION for Leave to File SUR RESPONSE, filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit Sur-Response, #2 Text of Proposed Order)(MacGill, Robert) |
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Filing 43
ORDER ON MOTIONS TO SEAL - AUL and ERAC's motions to seal are denied. [Filing No. #6 ; Filing No. #20 ; Filing No. #36 ; Filing No. #41 .] The Clerk is directed to unseal Filing Nos. #4 , #17 , #18 , #19 , #35 , and #39 , all attachments after 21 days, absent any motion to reconsider, appeal, or further Court order. (SEE ORDER.) Signed by Magistrate Judge Tim A. Baker on 6/29/2023. (TPS)
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| Filing 42 Submission of Updated Brief re Motions to Maintain Documents under Seal and Redacted Brief in compliance with Court Order at Doc. 9, filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Exhibit Confidentiality Agreement, #2 Exhibit Redacted ERAC Opp to Mtn to Vacate and iso Mtn to Confirm)(Quinn, Sean) |
| Filing 41 MOTION to Maintain Document Under Seal #39 SEALED Reply in support of Motion for leave to file Sur-Reply to Motion to Vacate Arbitration Award, filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Quinn, Sean) |
| Filing 40 Unopposed MOTION for Leave to File Sur-Reply to Motion to Vacate Arbitration Award, filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Exhibit Redacted Sur-Reply to Motion to Vacate)(Quinn, Sean) |
| Filing 39 SEALED REPLY in support of Motion re #1 MOTION to Vacate Sur-Reply to Motion to Vacate Arbitration Award, filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Quinn, Sean) |
| Filing 38 MOTION for Leave to File , filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A RESPONSE IN OPPOSITION TO PETITION FOR CONFIRMATION OF AN ARBITRATION AWARD, #2 Text of Proposed Order)(MacGill, Robert) |
| Filing 37 MOTION FOR ORAL ARGUMENT, filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(MacGill, Robert) |
| Filing 36 MOTION to Maintain Document Under Seal #35 SEALED Reply in support of Motion , filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A - Redacted Reply)(MacGill, Robert) |
| Filing 35 SEALED REPLY in support of Motion re #1 MOTION to Vacate , filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (MacGill, Robert) |
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Filing 34
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE: This cause has come before the Court upon the motion of Robert D. MacGill of the law firm MacGill PC, seeking an Order granting Everett J. Cygal of ArentFox Schiff LLP, leave to appear pro hac vice for the purpose of appearing as counsel on behalf of American United Life Insurance Company in the above-styled cause only. Being fully advised, it is now ORDERED that the motion Filing No. #12 be, and hereby is, GRANTED. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. See Order. Signed by Magistrate Judge Tim A. Baker on 6/16/2023.(Copy mailed per Distribution list via US Mail.) (LF)
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| Filing 33 Submission OF UPDATED BRIEF AND REDACTED BRIEF IN COMPLIANCE WITH COURT ORDER AT DOC. 9, filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit Redacted Brief)(MacGill, Robert) |
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Filing 32
ORDER ON MOTION FOR SEVEN DAY EXTENSION OF AUL'S DEADLINE TO FILE ITS REPLY IN SUPPORT OF ITS MOTION TO VACATE: IT IS THEREFORE ORDERED that AUL shall file its reply in support of its motion to vacate on or by June 20, 2023. See Order. Signed by Magistrate Judge Tim A. Baker on 6/13/2023. (LF)
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| Filing 31 MOTION for Extension of Time to File Reply to June 20, 2023 re #1 MOTION to Vacate , filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(MacGill, Robert) |
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Filing 30
ORDER granting #28 Motion to Appear pro hac vice. Attorney Jasmine Dela Luna for AMERICAN UNITED LIFE INSURANCE COMPANY added. Counsel shall registerfor electronic filing, as required by Local Rule 5-3, within 7 days. Signed by Magistrate Judge Tim A. Baker on 6/12/2023 (Copy mailed to Jasmine Dela Luna). (LBT)
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| Filing 29 Submission of Signature Requirement re #28 MOTION for Attorney(s) Jasmine Dela Luna to Appear pro hac vice (Filing fee $100, receipt number BINSDC-7669458) by AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Ciulla, Matthew) |
| Filing 28 MOTION for Attorney(s) Jasmine Dela Luna to Appear pro hac vice (Filing fee $100, receipt number BINSDC-7669458), filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Ciulla, Matthew) |
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Filing 27
ORDER granting #24 Motion to Appear pro hac vice. Attorney Joseph T. McCullough, IV for EMPLOYERS REASSURANCE CORPORATION added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/7/2023. (JRB)
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Filing 26
ORDER granting #23 Motion to Appear pro hac vice. Attorney Katheleen Ehrhart for EMPLOYERS REASSURANCE CORPORATION added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/7/2023. (JRB)
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Filing 25
ORDER granting #22 Motion to Appear pro hac vice. Attorney Thomas F. Bush for EMPLOYERS REASSURANCE CORPORATION added. Copy sent to counsel via US Mail. SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 6/7/2023. (JRB) Modified on 6/7/2023 (JRB).
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| Filing 24 MOTION for Attorney(s) Joseph T. McCullough IV to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7666076), filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Text of Proposed Order)(Quinn, Sean) |
| Filing 23 MOTION for Attorney(s) Katheleen A. Ehrhart to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7666051), filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Text of Proposed Order)(Quinn, Sean) |
| Filing 22 MOTION for Attorney(s) Thomas F. Bush to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7666044), filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Text of Proposed Order)(Quinn, Sean) |
| Filing 21 DECLARATION in support of motion to seal re #20 Motion to Seal Document/Maintain Document Under Seal by EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Exhibit 1)(Quinn, Sean) |
| Filing 20 MOTION to Maintain Document Under Seal #17 SEALED Response to Motion, #18 SEALED MOTION (PETITION FOR CONFIRMATION OF AN ARBITRATION AWARD), #19 SEALED Document (Case Participants - doc) , filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Exhibit 1)(Quinn, Sean) |
| Filing 19 SEALED (Declaration of Thomas F Bush), filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85)(Quinn, Sean) |
| Filing 18 SEALED MOTION (PETITION FOR CONFIRMATION OF AN ARBITRATION AWARD), filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Attachments: #1 Exhibit A - Final Award, #2 Exhibit B - Stock and Asset Purchase Agreement)(Quinn, Sean) |
| Filing 17 SEALED RESPONSE re #1 MOTION to Vacate , filed by Respondent EMPLOYERS REASSURANCE CORPORATION. (Quinn, Sean) |
| Filing 16 Rule 7.1 Disclosure Statement by EMPLOYERS REASSURANCE CORPORATION identifying Corporate Parent GENERAL ELECTRIC COMPANY, Corporate Parent GE Capital NALH Holdings, LLC, Corporate Parent GE Capital USHoldings, Inc., Corporate Parent GE CapitalGlobal Holdings, LLC for EMPLOYERS REASSURANCE CORPORATION.. (Quinn, Sean) |
| Filing 15 NOTICE of Appearance by Sean Joseph Quinn on behalf of Respondent EMPLOYERS REASSURANCE CORPORATION. (Quinn, Sean) |
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Filing 14
ORDER granting #11 Motion to Appear pro hac vice. Attorney Catherine M. Masters for AMERICAN UNITED LIFE INSURANCE COMPANY added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days.Copy to Catherine M. Masters via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/6/2023. (SWM)
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Filing 13
ORDER granting #10 Motion to Appear pro hac vice. Attorney Daniel J. Schufreider for AMERICAN UNITED LIFE INSURANCE COMPANY added. Counsel shall register for electronic filing, as required by Local Rule 5-3, within 7 days. Copy to Daniel J. Schufreider via US Mail. Signed by Magistrate Judge Tim A. Baker on 6/6/2023. (SWM)
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| Filing 12 MOTION for Attorney(s) Everett J. Cygal to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7663885), filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(MacGill, Robert) |
| Filing 11 MOTION for Attorney(s) CATHERINE M. MASTERS to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7663883), filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(MacGill, Robert) |
| Filing 10 MOTION for Attorney(s) DANIEL SCHUFREIDER to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7663881), filed by Petitioner AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(MacGill, Robert) |
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Filing 9
ORDER granting inpart #6 MOTION to Maintain Document #4 Under Seal - The Clerk is directed to temporarily maintain Filing No. 4 and all attached exhibits under seal. However, AUL shall file an updated brief in support that accurately addresses the good cause standard set forth in Local Rule 5-11 within 14 days of this order. The updated brief should include as an attached exhibit a redacted version of AUL's brief in support of its motion to vacate the arbitration award, as well as either redacted versions of the exhibits sought to be maintained under seal or an explanation for why redaction is not feasible. SEE ORDER. Signed by Magistrate Judge Tim A. Baker on 6/1/23. (JRB)
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| Filing 8 NOTICE TO COUNSEL regarding Judge Assignment in Miscellaneous Case. Judge James Patrick Hanlon and Magistrate Judge Tim A. Baker assigned. Please include the complete case number, 1:23-mc-29-JPH-TAB, on all future filings in this matter. (TEXT-ENTRY: There is no pdf document associated with this entry.) (DJH) |
| Filing 7 Rule 7.1 Disclosure Statement by AMERICAN UNITED LIFE INSURANCE COMPANY identifying Corporate Parent ONEAMERICA FINANCIAL PARTNERS, INC., Other Affiliate AMERICAN UNITED MUTUAL INSURANCE HOLDING COMPANY for AMERICAN UNITED LIFE INSURANCE COMPANY.. (MacGill, Robert) |
| Filing 6 MOTION to Maintain Document Under Seal #4 SEALED Document (Case Participants - doc) , filed by Movant AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 DECLARATION OF EVERETT J. CYGAL IN SUPPORT OF MOTION TO MAINTAIN DOCUMENTS UNDER SEAL, #2 Ex. A to AUL v. ERAC Motion to Seal - Confidentiality Agreement, #3 Ex. B to AUL v. ERAC Motion to Seal - Trustmark v. Hancock Decision)(MacGill, Robert) |
| Filing 5 DECLARATION of EVERETT J. CYGAL IN SUPPORT OF MOTION TO VACATE ARBITRATION AWARD, TOGETHER WITH UNSEALED EXHIBITS re #1 Miscellanoue Case - Initiating Document by AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Ex L (PX076 - Deep dive announcement), #2 Ex N (PX278 - GE Form 8-K), #3 Ex O (PX277 - GE Press Release), #4 Ex S (PX173 - 2017 ERAC Annual Statement Excerpt))(MacGill, Robert) |
| Filing 4 SEALED BRIEF IN SUPPORT OF MOTION TO VACATE ARBITRATION AWARD, TOGETHER WITH SEALED EXHIBITS, re #1 Miscellanoue Case - Initiating Document, filed by Movant AMERICAN UNITED LIFE INSURANCE COMPANY. (Attachments: #1 Ex A (2023-03-02 Final Award - FILED UNDER SEAL), #2 Ex B (JX01 - Stock & Asset Purchase Agreement - FILED UNDER SEAL), #3 Ex C (JX07 - Coinsurance LTC Retrocession Agreement - FILED UNDER SEAL), #4 Ex D (JX11 - 2002 Trust Agreement - FILED UNDER SEAL), #5 Ex E (JX13 - Administrative Services Agreement - FILED UNDER SEAL), #6 Ex F (JX03 - Retrocession and Reinsurance Novation Agreement - FILED UNDER SEAL), #7 Ex G (PX216 - Master Transaction Agreement - FILED UNDER SEAL), #8 Ex H (PX217 - Trust Termination Agreement - FILED UNDER SEAL), #9 Ex I (JX08 - 2009 Trust Agreement - FILED UNDER SEAL), #10 Ex J (JX09 - Amendment 2 to LTC Retro Agreement - FILED UNDER SEAL), #11 Ex K (PX072-73 and PX192-194 - Reports to ALTGRG - FILED UNDER SEAL), #12 Ex M (PX193 - ERAC's special development report - FILED UNDER SEAL), #13 Ex P (2021-12-07 Oral Argument re AUL Motion for Preliminary Relief - FILED UNDER SEAL), #14 Ex Q (Amy Pahl Deposition Transcript - FILED UNDER SEAL), #15 Ex R (Arbitration Hearing Transcript Day 1 - 12-05-2022 - FILED UNDER SEAL))(MacGill, Robert) |
| Filing 3 NOTICE of Appearance by Matthew Thomas Ciulla on behalf of Movant AMERICAN UNITED LIFE INSURANCE COMPANY. (Ciulla, Matthew) |
| Filing 2 NOTICE of Appearance by Robert D. MacGill on behalf of Movant AMERICAN UNITED LIFE INSURANCE COMPANY. (MacGill, Robert) |
| Filing 1 Motion to Vacate Arbitration Award, filed by AMERICAN UNITED LIFE INSURANCE COMPANY. (Filing fee $49, receipt number AINSDC-7647223) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(MacGill, Robert) Modified on 5/24/2023 (event changed to Motion) (DJH). |
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