Secondary Life Three LLC v. Transamerica Life Insurance Company
| Secondary Life Three LLC |
| Transamerica Life Insurance Company |
| 1:2021cv00020 |
| March 1, 2021 |
| US District Court for the Northern District of Iowa |
| Judge Kelly KE Mahoney |
| Linda R Reade |
| Mark A Roberts |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2021. A more recent docket listing may be available from PACER.
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Filing 45
TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 3 days before FPTC. Motions in limine 21 days before FPTC. Jury Trial set for 6/20/2022 at 09:00 AM in Cedar Rapids before Magistrate Judge Mark A Roberts. Final Pretrial Conference set for 6/3/2022 at 09:00 AM by Telephone before Magistrate Judge Mark A Roberts. Proposed Pretrial Order due by 5/31/2022. Signed by Magistrate Judge Mark A Roberts on 4/27/2021. (jjh)
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Filing 44
ORDER re #43 Notice Regarding Jurisdiction filed by Secondary Life Three LLC: The court finds sufficient allegations exist to determine the court has diversity jurisdiction under 28 U.S.C. 1332. The court finds Plaintiff has provided proper notice and no further action is necessary. Signed by Magistrate Judge Mark A Roberts on 4/26/2021. (kms)
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| Filing 43 NOTICE by Secondary Life Three LLC Notice Regarding Jurisdiction (Erbe, Harley) |
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Filing 42
SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 4/30/2021 but not filed with the court. Add Parties Deadline due by 6/11/2021. Amended Pleadings due by 6/11/2021. Plaintiffs Expert Witness due by 7/16/2021. Defendants Expert Witnesses due by 9/17/2021. Plaintiffs Rebuttal Experts due by 10/22/2021. Discovery due by 12/17/2021. Motions due by 1/21/2022. Trial Ready Deadline 6/21/2022. ORDER: Upon consent of the parties Secondary Life Three LLC, Transamerica Life Insurance Company, this case is reassigned to Magistrate Judge Mark A Roberts for final disposition. Signed by Judge Linda R Reade and Chief Magistrate Judge Kelly K.E. Mahoney on 4/14/2021. (des)
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Filing 41
ORDER to Establish Jurisdiction. Plaintiff must submit a notice listing its membership and the citizenship of each member by 4/26/2021. Signed by Chief Magistrate Judge Kelly K.E. Mahoney on 4/14/2021. (des)
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| Filing 40 MINUTE Entry for proceedings held before Chief Magistrate Judge Kelly K.E. Mahoney: Telephonic Scheduling Conference held on 4/12/2021. Official Court Record: FTR Gold (des) |
| Filing 39 ** TEXT ORDER ONLY ** Setting Hearing - Scheduling Conference set for 4/12/2021 at 1:30 PM (Telephonic Hearing - please use dial-in hearing instructions) before Chief Magistrate Judge Kelly K.E. Mahoney. The hearing will take place using the Court's conference bridge. The parties shall access the hearing by: (1) calling 877-336-1831, (2) enter access code 3495185 #, (3) press # to enter as a participant, (4) enter security code 1831 #. The call will become active upon the host (the Court) entering the conference bridge. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 04/08/2021. (Gollhofer, Jami) |
| Filing 38 PROPOSED Scheduling Order and Discovery Plan and Consent To Proceed Before A Magistrate by Counter Claimant Transamerica Life Insurance Company, Defendant Transamerica Life Insurance Company (Hill, Timothy) |
| *** Attorney Vivian I Orlando terminated pursuant to email from attorney regarding #27 Notice; Attorney Orlando will not be seeking PHV admission, local counsel has appeared in the case. (skm) |
| Filing 37 TEXT ORDER Granting #34 and #35 MOTIONS for Leave to Appear Pro Hac Vice for Attorneys Joann F Rezzo and L B Chip Edleson on behalf of Secondary Life Three LLC. Upon a review of the Motions and Certificates of Good Standing, the court finds the Motions should be granted. ( CM/ECF Registration Check Status Deadline due by 3/29/2021.) Signed by Clerk on 3/15/2021. (sgw) |
| Filing 36 ANSWER to #28 Counterclaim by Secondary Life Three LLC (Erbe, Harley) Modified Text on 3/15/2021 (sgw) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice for Attorney Louis Edleson ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3407403) by Plaintiff Secondary Life Three LLC (Erbe, Harley) |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice for Attorney Joann Rezzo ( Pro Hac Vice Fee $ 100 receipt number AIANDC-3407399) by Plaintiff Secondary Life Three LLC (Erbe, Harley) |
| Filing 33 ** TEXT ORDER ONLY ** GRANTING #32 UNRESISTED Motion for Extension of Scheduling Conference Deadlines filed by Transamerica Life Insurance Company. Reset Deadlines pursuant Order: Rule 26(f) scheduling conference to be completed between the parties by 4/2/2021, and Proposed Scheduling Order and Discovery Plan to be submitted by 4/9/2021. Signed by United States Chief Magistrate Judge Kelly K.E. Mahoney on 03/11/2021. (Gollhofer, Jami) |
| Filing 32 UNRESISTED Motion for Extension of Scheduling Conference Deadlines by Counter Claimant Transamerica Life Insurance Company, Defendant Transamerica Life Insurance Company (Hill, Timothy) |
| Filing 31 NOTICE of Appearance by Harley C Erbe on behalf of Secondary Life Three LLC. (Erbe, Harley) |
| Filing 30 NOTICE of Appearance by Ryan S Fisher on behalf of Transamerica Life Insurance Company. (Fisher, Ryan) |
| Filing 29 PURSUANT to Local Rule 7.1 Disclosure Statement by Transamerica Life Insurance Company (Hill, Timothy) |
| Filing 28 ANSWER to Complaint , COUNTERCLAIM against Secondary Life Three LLC by Transamerica Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hill, Timothy) |
| Filing 27 NOTICE to Attorneys LB Chip Edleson, Joann F Rezzo and Vivian I Orlando Not Admitted to Practice in the United States District Court For the Northern District of Iowa. Admissions due by 3/15/2021. (eAtty Edleson, eAtty Rezzo, eAtty Orlando) (des) (Additional attachment(s) added on 3/3/2021: #1 Receipt Confirmations) (des). |
| Filing 26 Case transferred in from District of California Central; Case Number 2:20-cv-09034. Original file certified copy of transfer order and docket sheet received. NORTHERN DISTRICT OF IOWA DOCKET BEGINS HERE Modified on 3/1/2021 (des) |
| Judge Linda R Reade and Chief Magistrate Judge Kelly K.E. Mahoney added. No conflicts identified. (des) |
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Filing 25
ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER #12 by Judge Andre Birotte Jr. For the reasons stated above, the Court GRANTS Defendant's Motion to Transfer and ORDERS that this action shall be transferred to the Northern District of Iowa. ( MD JS-6. Case Terminated ) (lom) [Transferred from California Central on 3/1/2021.]
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue, #23 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. All proposed signature items shall be e-mailed to the chambers' e-mail address at AB_chambers@cacd.uscourts.gov in Word format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from California Central on 3/1/2021.] |
| Filing 23 STIPULATION to Continue Certain Deadlines Pending Ruling on Defendant's Motion to Dismiss the Case for Lack of Personal Jurisdiction or Transfer the Action Pursuant to 28 U.S.C. 1404(A) filed by Plaintiff Secondary Life Three LLC.(Rezzo, Joann) [Transferred from California Central on 3/1/2021.] |
| Filing 22 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendant Transamerica Life Insurance Company's Motion to Dismiss the Case for Lack of Personal Jurisdiction or Transfer the Action #12 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk) [Transferred from California Central on 3/1/2021.] |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Vivian I Orlando counsel for Defendant Transamerica Life Insurance Company. Zina Yu is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Transamerica Life Insurance Company. (Orlando, Vivian) [Transferred from California Central on 3/1/2021.] |
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Filing 20
(IN CHAMBERS) ORDER CONTINUING DEFENDANT TRANSAMERICA LIFE INSURANCE COMPANY'S MOTION TO DISMISS THE CASE FOR LACK OF PERSONAL JURISDICTION OR TRANSFER THE ACTION #12 by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from January 22, 2021 to January 29, 2021, at 10:00 a.m. before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY [Transferred from California Central on 3/1/2021.]
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| Filing 19 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Personal Jurisdiction or Transfer the Action Pursuant to 28 U.S.C. Section 1404(A) #12 filed by Defendant Transamerica Life Insurance Company. (Attachments: #1 Objections to Evidence Submitted by Plaintiff in Opposition to Transamerica Life Insurance Company's Motion to Dismiss The Case for Lack of Personal Jurisidiction, #2 Supplemental Declaration of Susan R. Murphy in Support of Defendant's Reply)(Orlando, Vivian) [Transferred from California Central on 3/1/2021.] |
| Filing 18 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Personal Jurisdiction or Transfer the Action Pursuant to 28 U.S.C. Section 1404(A) #12 filed by Plaintiff Secondary Life Three LLC. (Attachments: #1 Declaration of J. Mark Goode in Support of Plaintiff's Opposition, #2 Declaration of Louis "Chip" Edleson in Support of Plaintiff's Opposition, #3 Declaration of Joann F. Rezzo in Support of Plaintiff's Opposition)(Edleson, L) [Transferred from California Central on 3/1/2021.] |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Zina Yu counsel for Defendant Transamerica Life Insurance Company. Adding Zina Yu as counsel of record for Defendant Transamerica Life Insurance Company for the reason indicated in the G-123 Notice. Filed by Defendant Transamerica Life Insurance Company. (Yu, Zina) [Transferred from California Central on 3/1/2021.] |
| Filing 16 NOTICE of Interested Parties filed by Defendant Transamerica Life Insurance Company, (Orlando, Vivian) [Transferred from California Central on 3/1/2021.] |
| Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Defendant Transamerica Life Insurance Company identifying Commonwealth General Corporation as Corporate Parent. (Orlando, Vivian) [Transferred from California Central on 3/1/2021.] |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Personal Jurisdiction or Transfer the Action Pursuant to 28 U.S.C. Section 1404(A) #12 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from California Central on 3/1/2021.] |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 3/19/2021 at 10:00 AM before Judge Andre Birotte Jr. (cb) [Transferred from California Central on 3/1/2021.]
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| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Personal Jurisdiction or Transfer the Action Pursuant to 28 U.S.C. Section 1404(A) filed by Defendant Transamerica Life Insurance Company. Motion set for hearing on 1/22/2021 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Crystal J. Mowrer, #2 Declaration of Vivian I. Orlando, #3 Declaration of Susan R. Murphy, #4 Request for Judicial Notice, #5 Proposed Order) (Orlando, Vivian) [Transferred from California Central on 3/1/2021.] |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Transamerica Life Insurance Company answer now due 11/27/2020, filed by Defendant Transamerica Life Insurance Company.(Attorney Vivian I Orlando added to party Transamerica Life Insurance Company(pty:dft))(Orlando, Vivian) [Transferred from California Central on 3/1/2021.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Secondary Life Three LLC, upon Defendant Transamerica Life Insurance Company served on 10/8/2020, answer due 10/29/2020. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Edleson, L) [Transferred from California Central on 3/1/2021.] |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) [Transferred from California Central on 3/1/2021.]
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| Filing 8 NOTICE of Appearance filed by attorney Joann F Rezzo on behalf of Plaintiff Secondary Life Three LLC (Rezzo, Joann) [Transferred from California Central on 3/1/2021.] |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Transamerica Life Insurance Company. (ghap) [Transferred from California Central on 3/1/2021.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 3/1/2021.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Karen L. Stevenson. (ghap) [Transferred from California Central on 3/1/2021.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Secondary Life Three LLC. (Edleson, L) [Transferred from California Central on 3/1/2021.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Secondary Life Three LLC, identifying Richard E. Ward. (Edleson, L) [Transferred from California Central on 3/1/2021.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Secondary Life Three LLC. (Edleson, L) [Transferred from California Central on 3/1/2021.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-28341956 - Fee: $400, filed by Plaintiff Secondary Life Three LLC. (Attorney L B Chip Edleson added to party Secondary Life Three LLC(pty:pla))(Edleson, L) [Transferred from California Central on 3/1/2021.] |
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