Wologo v. Transamerica Life Insurance Company et al
| Albert S Wologo |
| Aegon USA Investment Management and Transamerica Life Insurance Company |
| 1:2017cv00136 |
| November 16, 2017 |
| US District Court for the Northern District of Iowa |
| Cedar Rapids Office |
| Linn |
| Mark W Bennett |
| Kelly Mahoney |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Filing 48 NOTICE to Attorneys Not Admitted to Practice (copy w/NEF mailed to non-ECF attorneys). (skm) |
| Filing 47 Case transferred in from District of South Carolina; Case Number 9:17-cv-00157. Original file certified copy of transfer order and docket sheet received. Modified on 11/16/2017 (NEF to non-ECF attorneys) (skm). NORTHERN DISTRICT OF IOWA DOCKET BEGINS HERE |
Filing 45
ORDER granting #28 Motion to Change Venue. Signed by Honorable David C Norton on 11/16/2017.(jbry, ) [Transferred from South Carolina on 11/16/2017.]
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| Judge Mark W Bennett and Magistrate Judge Kelly Mahoney added. Motions referred to Kelly Mahoney (conflicts checked pursuant to new case opening and #3 LR 7.1 Disclosure Statment ; none found). (skm) |
| Filing 44 DELETION OF DOCKET ENTRY NUMBER 43 Reason: The entry is a proposed consent order which should have been sent to chambers and not filed. (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 42 DELETION OF DOCKET ENTRY NUMBER 39 Reason: Attorney refiled with certificate of service. Corrected Filing Document Number #41 Modified filing date to that of original filing: 8/21/2017. Response due date modified to that of original filing: 9/5/2017 (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 40 RESPONSE in Opposition re #41 First MOTION to Withdraw as Attorney Response filed by Aegon USA Investment Management, Transamerica Life Insurance Company.Reply to Response to Motion due by 8/29/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ramsay, Mary) Modified on 8/24/2017 to correct linkage to motion (jbry, ). [Transferred from South Carolina on 11/16/2017.] |
| Filing 41 First MOTION to Withdraw as Attorney by Albert S Wologo. Response to Motion due by 9/5/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Certificate of Service Service of Motion to Plaintiff)Proposed order is being emailed to chambers with copy to opposing counsel.(Johnson, Darrell) Modified on 8/24/2017 to correct filing date and response due date(jbry, ). [Transferred from South Carolina on 11/16/2017.] |
| Filing 38 Letter from Mary B. Ramsay. (Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 37 Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 7/19/2017 re #28 MOTION to Change Venue filed by Aegon USA Investment Management, Transamerica Life Insurance Company. The Court grants the motion to change venue to the Northern District of Iowa based on the convenience of the witness. The Court will issue an order with the details of the transfer. Court Reporter Debbie Potocki. (cmur, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 36 NOTICE of Hearing on Motion #28 MOTION to Change Venue : Motion Hearing set for Wednesday, 7/19/2017 at 10:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 35 NOTICE of Cancellation of Hearing: on Motion #28 MOTION to Change Venue : Motion Hearing set for Wednesday, 6/28/2017 at 11:00 AM (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 34 SECOND AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 7/31/2017, Defendants ID of Expert Witnesses Due by 8/31/2017, Discovery due by 8/15/2017, Motions due by 8/15/2017, Rule 26(a)(3) Disclosures due by 8/11/2017, Jury Selection Deadline 9/4/2017, ADR Statement due by 8/1/2017, Mediation Due by 8/31/2017, Signed by Honorable David C Norton on 6/16/2017. (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 33 DELETION OF DOCKET ENTRY NUMBER 32 Reason: The entry was a proposed consent order which should have been sent to chambers and not filed. (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 31 NOTICE of Hearing on Motion #28 MOTION to Change Venue : Motion Hearing set for Wednesday, 6/28/2017 at 11:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 30 REPLY to Response to Motion re #28 MOTION to Change Venue Response filed by Aegon USA Investment Management, Transamerica Life Insurance Company. (Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 29 RESPONSE in Opposition re #28 MOTION to Change Venue Plaintiff's Response filed by Albert S Wologo.Reply to Response to Motion due by 5/22/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Albert Wologo, #2 Exhibit Declaration of Laurie Wologo, #3 Exhibit Letter from Transamerica, #4 Exhibit AEGON USA Producers' Stock Purchase Plan Distribution Request Form, #5 Exhibit 2014 1099 Forms, #6 Exhibit Residential Rental Agreement, #7 Exhibit South Carolina Dept. of Ins. Company License Search Results, #8 Exhibit Plaintiff's Amended 26(a)(1) Initial Disclosures)(Johnson, Darrell) [Transferred from South Carolina on 11/16/2017.] |
| Filing 28 MOTION to Change Venue by Aegon USA Investment Management, Transamerica Life Insurance Company. Response to Motion due by 5/16/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Renewed Motion to Change Venue, #2 Exhibit 1 - Plaintiff's Rule 26(a)(1) Disclosures, #3 Exhibit 2 - Defendants Rule 26(a)(1) Disclosures)Proposed order is being emailed to chambers with copy to opposing counsel.(Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 27 Local Rule 26.03 Answers to Interrogatories by Albert S Wologo.(Johnson, Darrell) [Transferred from South Carolina on 11/16/2017.] |
| Filing 26 Rule 26 Statement of Facts by Aegon USA Investment Management, Transamerica Life Insurance Company.(Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 25 Joint Rule 26(f) Report by Aegon USA Investment Management, Transamerica Life Insurance Company.(Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 24 Plaintiff's ANSWER to Counterclaim #21 of Defendants by Albert S Wologo.(Johnson, Darrell) (Main Document 24 replaced on 5/5/2017) (jbry, ). Modified on 5/5/2017 to replace incorrect document with corrected document as provided by filing user(jbry, ). [Transferred from South Carolina on 11/16/2017.] |
| Filing 23 Local Rule 26.01 Answers to Interrogatories by Albert S Wologo.(Johnson, Darrell) [Transferred from South Carolina on 11/16/2017.] |
| Filing 22 CERTIFICATE OF SERVICE by Aegon USA Investment Management, Transamerica Life Insurance Company re #21 Answer to Complaint, Counterclaim (Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 21 Defendants' ANSWER to Complaint , COUNTERCLAIM against Albert S Wologo by Transamerica Life Insurance Company, Aegon USA Investment Management.(Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 20 AMENDED SCHEDULING ORDER( Defendants' Answer shall be due no later than April 11, 2017, 26(a) Initial Disclosures due by 4/25/2017, Rule 26 Report due by 5/2/2017, Motions to Amend Pleadings due by 5/16/2017, Plaintiffs ID of Expert Witness due by 6/15/2017, Defendants ID of Expert Witnesses Due by 7/14/2017, Discovery due by 8/15/2017, Motions due by 7/28/2017, Rule 26(a)(3) Disclosures due by 8/11/2017, Jury Selection Deadline 9/1/2017, ADR Statement due by 8/1/2017, Mediation Due by 8/31/2017), Motions terminated: #19 Consent MOTION to Amend/Correct #13 Scheduling Order,, filed by Albert S Wologo. Signed by Honorable David C Norton on 3/27/2017. (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 19 Consent MOTION to Amend/Correct #13 Scheduling Order,, by Albert S Wologo. Response to Motion due by 4/10/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Johnson, Darrell) [Transferred from South Carolina on 11/16/2017.] |
| Filing 18 DELETION OF DOCKET ENTRY NUMBERS 14,15 and 17. Reason: Attorney refiled with corrected signature for #14 and #15. #17 was a duplicate filing of #16. Corrected Filing Document Number #16 (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 16 WAIVER OF SERVICE by Albert S Wologo. All Defendants. Waivers executed on 3/6/2017, answer due 5/5/2017. (Attachments: #1 Supporting Documents Waiver of Service executed, #2 Supporting Documents Waiver of Service executed)(Johnson, Darrell) Modified on 3/9/2017 to edit text(jbry, ). [Transferred from South Carolina on 11/16/2017.] |
| Filing 13 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 3/21/2017, 26(a) Initial Disclosures due by 4/14/2017, Rule 26 Report due by 4/14/2017, Motions to Amend Pleadings due by 4/28/2017, Plaintiffs ID of Expert Witness due by 4/20/2017, Defendants ID of Expert Witnesses Due by 5/22/2017, Discovery due by 6/22/2017, Motions due by 7/12/2017, Jury Selection Deadline 9/1/2017, ADR Statement due by 8/1/2017, Mediation Due by 8/31/2017, Signed by Honorable David C Norton on 3/6/2017. (jbry, ) (Main Document 13 replaced on 3/7/2017) (jbry, ). Modified on 3/7/2017 Modified on 3/7/2017 to correct Amendment of Pleadings date (jbry, ). [Transferred from South Carolina on 11/16/2017.] |
| Filing 12 Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 3/3/2017 re #7 MOTION to Dismiss or Transfer filed by Aegon USA Investment Management, Transamerica Life Insurance Company. granting in part and denying in part #7 Motion to Dismiss; The Court denies motion with regard to service of process; Motion to dismiss SCUTPA case is granted, and Motion to change the venue is denied without prejudice. Court Reporter Debbie Potocki. (cmur, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 11 Additional Attachments to Main Document #8 Response in Opposition to Motion,,,. First attachment description: Iowa Secretary of State RA . (Attachments: #1 Supporting Documents Iowa Secretary of State Registered Agent)(Fester, Joshua) [Transferred from South Carolina on 11/16/2017.] |
| Filing 10 REPLY to Response to Motion re #7 MOTION to Dismiss or Transfer Response filed by Aegon USA Investment Management, Transamerica Life Insurance Company. (Attachments: #1 Exhibit 1 - Email Correspondence between Counsel re: Acceptance of Service, #2 Exhibit 2 - Federal Judicial Caseload Statistics ending March 31, 2016)(Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 9 NOTICE of Hearing on Motion #7 MOTION to Dismiss or Transfer : Motion Hearing set for Friday, 3/3/2017 at 11:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 8 RESPONSE in Opposition re #7 MOTION to Dismiss or Transfer Response filed by Albert S Wologo.Reply to Response to Motion due by 2/14/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents-Notice of Termination, #2 Supporting Documents- AEGON Stock Purchase Plan, #3 Supporting Documents- 1099 from Transamerica and AEGON, #4 Supporting Documents-AEGON Stock Purchase Plan Individual Division, #5 Supporting Documents-Offer of Employment to Laurie Wologo, #6 Supporting Documents-Singh Lease Agreement, #7 Supporting Documents- Company License Search for Transamerica, #8 Supporting Documents- Declaration of Albert Wologo, #9 Supporting Documents- Declaration of Laurie Wologo, #10 Supporting Documents-Declaration of Ashton Daley)(Johnson, Darrell) Modified on 2/8/2017 to add descriptions to exhibits (jbry, ). Modified on 2/16/2017 to create linkage to #11 Additional Attachments filed 2/15/2017 (jbry, ). [Transferred from South Carolina on 11/16/2017.] |
| Filing 7 MOTION to Dismiss or Transfer by Aegon USA Investment Management, Transamerica Life Insurance Company. Response to Motion due by 2/7/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Supporting Documents Levin Decl in Suppt, #3 Exhibit 1 Filed Certificates of Service, #4 Exhibit 2 Agent Agreements, #5 Exhibit 3 Excerpt from AEGON USA Producers Stock Purchase Plan, #6 Exhibit 4 Notices of Termination of Agent Agreements, #7 Exhibit 5 - AEGON USA Stock Purchase Plan Distribution Request Form, #8 Exhibit 6 - IRS Form 1099, #9 Exhibit 7 Stock Purchase Plan Withdrawal Statement, #10 Exhibit 8 - LexisNexis Contact Search)No proposed order.(Ramsay, Mary) Modified on 1/25/2017 to add descriptions to exhibits (jbry, ). [Transferred from South Carolina on 11/16/2017.] |
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Filing 6
ORDER granting #5 Motion by David R. Levin to Appear Pro Hac Vice. Signed by Honorable David C Norton on 1/20/2017.(jbry, ) [Transferred from South Carolina on 11/16/2017.]
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| Filing 5 First MOTION to Appear Pro Hac Vice by David R. Levin ( Filing fee $ 250 receipt number 0420-6955445) by Aegon USA Investment Management, Transamerica Life Insurance Company. Response to Motion due by 2/3/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit, #2 Supporting Documents)No proposed order.(Ramsay, Mary) [Transferred from South Carolina on 11/16/2017.] |
| Filing 3 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Aegon USA Investment Management, Transamerica Life Insurance Company.(jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Aegon USA Investment Management, Transamerica Life Insurance Company.(jbry, ) [Transferred from South Carolina on 11/16/2017.] |
| Filing 1 NOTICE OF REMOVAL from Beaufort County Court of Common Pleas, case number 2016-CP-07-02554. (Filing fee $ 400 receipt number 0420-6950342), filed by Transamerica Life Insurance Company, Aegon USA Investment Management. (Attachments: #1 State Court Documents Complaint and Cover Sheet, #2 Acknowledgement of Removal)(jbry, ) [Transferred from South Carolina on 11/16/2017.] |
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