CLINTON v. SECURITY BENEFIT LIFE INSURANCE COMPANY
TERRI L STAUFFER-SCHMIDT, MARTHA E. MILLER COX, Howard Rosen, MICHAEL A. WEBBER, William Carrick, JEAN P. WRIGHT, DONALD P. COX, ELLA CLINTON and WAI HEE YUEN |
Security Benefit Life Insurance Company |
5:2020cv04038 |
July 22, 2020 |
US District Court for the District of Kansas |
Kenneth G Gale |
Eric F Melgren |
Insurance |
28 U.S.C. § 1331 |
Plaintiff |
Docket Report
This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 98 RESPONSE to Plaintiff's Request for Oral Argument by Defendant Security Benefit Life Insurance Company. (Dyer, Holly) |
Filing 97 Motion [Plaintiffs' Request for Oral Argument on Defendant's Motion to Dismiss #31 ] by Plaintiffs ELLA CLINTON, DONALD P. COX, William Carrick, MARTHA E. MILLER COX, Howard Rosen, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. (Friedman, Andrew) Modified (mls). |
Filing 96 MEMORANDUM IN SUPPORT of #31 Defendant's Motion to Dismiss by Defendant Security Benefit Life Insurance Company (Attachments: #1 Exhibit A)(Dyer, Holly) |
Filing 95 RESPONSE by Plaintiffs ELLA CLINTON, DONALD P. COX, William Carrick, MARTHA E. MILLER COX, Howard Rosen, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN re #31 Motion to Dismiss Plaintiffs' Supplemental Submission Regarding Defendant's Motion to Dismiss (Attachments: #1 Ex. A)(Barton, Eric) |
Filing 94 SCHEDULING ORDER: Supplemental memorandum to provide applicable 10th Circuit and D. Kan. authority relevant to the pending Motion to Dismiss #31 to be filed by 9/11/2020. SEE ATTACHED ORDER. Deadlines and hearings leading up to trial will be set at a subsequent conference to be set after a ruling is issued on the Motion to Dismiss. Signed by Magistrate Judge Kenneth G. Gale on 9/2/20. (aw) |
MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: TELEPHONE STATUS CONFERENCE held on 9/2/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw) |
Filing 93 NOTICE OF TELEPHONE STATUS CONFERENCE: Status Conference set for 9/2/2020 at 10:00 AM (CDT) by telephone before Magistrate Judge Kenneth G. Gale. Counsel should call CONFERENCE LINE 1-888-363-4749, enter ACCESS CODE 5407703 as participants. A joint case management report should be submitted by 8/28/2020, sent by e-mail to KSD_Gale_Chambers@ksd.uscourts.gov (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(aw) |
Filing 92 ORDER granting #89 Motion to Appear Pro Hac Vice of Adam M. Moskowitz for Plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #90 Motion to Appear Pro Hac Vice of Howard M. Bushman for Plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #91 Motion to Appear Pro Hac Vice of Joseph M. Kaye for Plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on August 11, 2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
Filing 91 MOTION for attorney Joseph M. Kaye to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5223978.) by Plaintiffs ELLA CLINTON, DONALD P. COX, William Carrick, MARTHA E. MILLER COX, Howard Rosen, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 ECF Registration Form of Joseph M. Kaye)(Barton, Eric) |
Filing 90 MOTION for attorney Howard M. Bushman to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5223966.) by Plaintiffs ELLA CLINTON, DONALD P. COX, William Carrick, MARTHA E. MILLER COX, Howard Rosen, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 ECF Registration Form of Howard M. Bushman)(Barton, Eric) |
Filing 89 MOTION for attorney Adam M. Moskowitz to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5223962.) by Plaintiffs ELLA CLINTON, DONALD P. COX, William Carrick, MARTHA E. MILLER COX, Howard Rosen, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 ECF Registration Form for Adam M. Moskowitz)(Barton, Eric) |
Filing 88 ORDER granting #86 Motion to Appear Pro Hac Vice of Andrew S. Friedman for Plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only; granting #87 Motion to Appear Pro Hac Vice of Francis J. Balint, Jr for Plaintiffs pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 8/3/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
Filing 87 MOTION for attorney Francis J. Balint, Jr. to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5215460.) by Plaintiffs ELLA CLINTON, DONALD P. COX, William Carrick, MARTHA E. MILLER COX, Howard Rosen, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 ECF Registration Form for Francis J. Balint, Jr.)(Barton, Eric) |
Filing 86 MOTION for attorney Andrew S. Friedman to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5215431.) by Plaintiffs ELLA CLINTON, DONALD P. COX, William Carrick, MARTHA E. MILLER COX, Howard Rosen, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 ECF Registration Form ECF Registration Form for Andrew S. Friedman)(Barton, Eric) |
Filing 85 ORDER granting #82 Motion to Appear Pro Hac Vice of Samuel J. Park, #83 Motion to Appear Pro Hac Vice of Gillian H. Clow,and #84 Motion to Appear Pro Hac Vice of Robert D. Phillips, Jr as counsel for Security Benefit Life Insurance Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 7/30/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw) |
Filing 84 MOTION for attorney Robert D. Phillips, Jr. to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5210683.) by Defendant Security Benefit Life Insurance Company (Dyer, Holly) |
Filing 83 MOTION for attorney Gillian H. Clow to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5210682.) by Defendant Security Benefit Life Insurance Company (Dyer, Holly) |
Filing 82 MOTION for attorney Samuel J. Park to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5210681.) by Defendant Security Benefit Life Insurance Company (Dyer, Holly) |
Filing 81 ENTRY OF APPEARANCE by Sarah Elizabeth Stula on behalf of Security Benefit Life Insurance Company. (Stula, Sarah) |
Filing 80 ENTRY OF APPEARANCE by Anthony F. Rupp on behalf of Security Benefit Life Insurance Company. (Rupp, Anthony) |
Filing 79 ENTRY OF APPEARANCE by Holly A. Dyer on behalf of Security Benefit Life Insurance Company (Dyer, Holly) |
Filing 78 ENTRY OF APPEARANCE by Alexandra N.C. Rose on behalf of Security Benefit Life Insurance Company. (Rose, Alexandra) |
Filing 77 Letter from the Clerk to Counsel of Record regarding pro hac vice requirements. (smnd) |
Filing 76 CASE TRANSFERRED IN from District of Florida Southern; Case Number 1:19-cv-24803. Electronic file certified copy of transfer order and docket sheet received. (smnd) |
Filing 75 ORDER. The conclusions in the Report DE#73 are AFFIRMED AND ADOPTED. Defendants motion to change venue DE#52 is GRANTED. This case is TRANSFERRED to the United States District Court for the District of Kansas. The Clerk of Court is directed to CLOSE this case. Certificate of Appealability: No Ruling Signed by Judge Kathleen M. Williams on 7/21/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/22/2020.] |
Filing 74 OBJECTIONS to #73 Report and Recommendations PLAINTIFFS OBJECTIONS TO THE MAGISTRATES JUNE 29, 2020 REPORT AND RECOMMENDATION by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. (Attachments: #1 Exhibit)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 73 REPORT AND RECOMMENDATIONS re #52 Defendant's MOTION to Change Venue: Recommending Motion be GRANTED; Objections to R&R due by 7/13/2020. Signed by Magistrate Judge Edwin G. Torres on 6/29/2020. See attached document for full details. (EGT) [Transferred from Florida Southern on 7/22/2020.] |
Filing 72 AFFIDAVIT Supplemental Declaration of Gillian H. Clow in Support of Defendant's Motion to Transfer signed by: Gillian H. Clow re #71 Reply to Response to Motion by SECURITY BENEFIT LIFE INSURANCE COMPANY (Attachments: #1 Exhibit A: Plaintiff's Initial Disclosures)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 71 REPLY to Response to Motion re #52 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law filed by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 70 Notice of Supplemental Authority re #64 Response in Opposition to Motion, by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN (Attachments: #1 Errata A) (Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 69 PAPERLESS ORDER granting #67 Motion for Extension of Time to File Reply to Motion Re: #52 Defendant's MOTION to Change Venue, for good cause shown in the unopposed motion:Defendant's Reply now due by 6/12/2020. Signed by Magistrate Judge Edwin G. Torres on 6/2/2020. (EGT) [Transferred from Florida Southern on 7/22/2020.] |
Filing 68 PAPERLESS ORDER GRANTING #67 Defendant's Motion for Extension. Security Benefit shall file its reply on or before June 12, 2020. Signed by Judge Kathleen M. Williams on 6/2/2020. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 67 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #52 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Extension of Time)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 66 PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE TORRES. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendant's motion to change venue #52 is REFERRED to United States Magistrate Judge Edwin G. Torres for a report and recommendation. Signed by Judge Kathleen M. Williams on 5/29/2020. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 65 SUPPLEMENT to #64 Response in Opposition to Motion, DECLARATION OF ANDREW S. FRIEDMAN IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO TRANSFER by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 64 RESPONSE in Opposition re #52 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law filed by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. Replies due by 6/5/2020. (Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 63 NOTICE of Mediator Selection and Hearing. Selected/Added Howard Tescher as Mediator. Mediation Hearing set for 09/25/20 at 9:00 AM. (Attachments: #1 Text of Proposed Order Proposed Order Scheduling Mediation)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 62 PAPERLESS ORDER GRANTING #59 Plaintiff's motion for extension. Plaintiff shall file a response to Defendant's motion to transfer by May 29, 2020. Signed by Judge Kathleen M. Williams on 4/28/2020. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 61 Clerks Notice to Filer re #58 Stipulation,. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (jas) [Transferred from Florida Southern on 7/22/2020.] |
Filing 60 DISCOVERY ORDER RE: ESI PRODUCTION per #58 Joint Stipulation. Signed by Magistrate Judge Edwin G. Torres on 4/28/2020. See attached document for full details. (EGT) [Transferred from Florida Southern on 7/22/2020.] |
Filing 59 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #52 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 58 STIPULATION Stipulated Order Regarding Document Production by SECURITY BENEFIT LIFE INSURANCE COMPANY (Attachments: #1 Exhibit A: Metadata Fields for ESI Productions, #2 Exhibit B: Metadata Fields for Hard Copy Productions)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 57 REPLY to Response to Motion re #31 Defendant's MOTION to Dismiss with Prejudice #16 Amended Complaint, filed by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 56 PROTECTIVE ORDER per the parties' Stipulation #55 and good cause having been shown. Signed by Magistrate Judge Edwin G. Torres on 4/22/2020. See attached document for full details. (EGT) [Transferred from Florida Southern on 7/22/2020.] |
Filing 55 STIPULATION Stipulated Protective Order by SECURITY BENEFIT LIFE INSURANCE COMPANY (Attachments: #1 Exhibit A: Acknowledgment and Agreement to be Bound)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 54 AFFIDAVIT Declaration of Robert Offermann in Support of Defendant's Motion to Transfer signed by: Roger Offermann re #52 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law by SECURITY BENEFIT LIFE INSURANCE COMPANY (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 53 AFFIDAVIT Declaration of Gillian H. Clow in Support of Defendant's Motion to Transfer signed by: Gillian H. Clow re #52 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law by SECURITY BENEFIT LIFE INSURANCE COMPANY (Attachments: #1 Exhibit A: SBL's Objections and Responses to Plaintiffs First Request for Production of Documents, #2 Exhibit B: SBL's Objections and Responses to Plaintiffs First Set of Interrogatories, #3 Exhibit C: Complaint in Rosen. v. Security Benefit Life Ins. Co. filed in the C.D. Cal., #4 Exhibit D: Order of November 8, 2019 entered in Rosen. v. Security Benefit Life Ins. Co., #5 Exhibit E: Notice of Voluntary Dismissal in Rosen. v. Security Benefit Life Ins. Co.)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 52 Defendant's MOTION to Change Venue and Incorporated Memorandum of Law by SECURITY BENEFIT LIFE INSURANCE COMPANY. Responses due by 5/1/2020 (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 51 PAPERLESS ORDER GRANTING #50 Defendant's motion for leave to exceed page limit. Defendant's reply memorandum in support of its motion to dismiss shall not exceed 15 pages. Signed by Judge Kathleen M. Williams on 4/17/2020. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 50 Unopposed MOTION for Leave to File Excess Pages in Defendant's Reply Memorandum in Support of its Motion to Dismiss First Amended Class Action Complaint by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order on Motion for Leave to Exceed Page Limit in Defendant's Reply Memorandum in Support of its Motion to Dismiss First Amended Class Action Complaint)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 49 Unopposed MOTION PLAINTIFFS UNOPPOSED REQUEST FOR JUDICIAL NOTICE by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. (Attachments: #1 Exhibit A)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 48 RESPONSE in Opposition re #31 Defendant's MOTION to Dismiss with Prejudice #16 Amended Complaint, filed by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. Replies due by 4/13/2020. (Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 47 PAPERLESS ORDER granting #44 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ingrid M. Evans. The Clerk shall add pro hac counsel as co-counsel for plaintiffs. Signed by Magistrate Judge Edwin G. Torres on 4/1/2020. (EGT) [Transferred from Florida Southern on 7/22/2020.] |
Filing 46 SCHEDULING ORDER: Jury Trial set for 8/30/2021 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 8/24/2021 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 3/31/2020. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 7/22/2020.] |
Filing 45 ORDER AND ADJUDGED that the conclusions in Magistrate Judge Torres Order DE#34 are AFFIRMED and Defendants appeal DE#38 is DENIED. Signed by Judge Kathleen M. Williams on 3/31/2020. See attached document for full details. (ebz)[Transferred from Florida Southern on 7/22/2020.] |
Filing 44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ingrid M. Evans. Filing Fee $ 200.00 Receipt # AFLSDC-12672565 by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. Responses due by 4/13/2020 (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 43 ORDER denying #32 Motion to Stay. Signed by Judge Kathleen M. Williams on 3/30/2020. See attached document for full details. (lk) [Transferred from Florida Southern on 7/22/2020.] |
Filing 42 PAPERLESS ORDER GRANTING #40 Plaintiff's unopposed motion for leave to exceed page limit. Plaintiff's response in opposition to Defendant's motion to dismiss first amended class action complaint shall not exceed 30 pages. Signed by Judge Kathleen M. Williams on 3/27/2020. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 41 REPLY to Response to Motion re #32 Defendant's MOTION to Stay re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Motion to Stay Discovery Pending Ruling on Dispositive Motion to Dismiss filed by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 40 Unopposed MOTION for Leave to File Excess Pages IN THEIR OPPOSITION TO DEFENDANTS MOTION TO DISMISS FIRST AMENDED CLASS ACTION COMPLAINT by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 39 Joint SCHEDULING REPORT - Rule 16.1 by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 38 Defendant's Objection to #34 Order on Motion to Stay by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 37 RESPONSE in Opposition re #32 Defendant's MOTION to Stay re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Motion to Stay Discovery Pending Ruling on Dispositive Motion to Dismiss PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO STAY DISCOVERY PENDING RULING ON MOTION TO DISMISS filed by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. Replies due by 3/27/2020. (Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 36 PAPERLESS ORDER granting in part and denying in part #33 Motion for Extension of Time to serve discovery responses. The motion is Denied in so far as it seeks an extended delay pending rulings on Defendant's motions to dismiss and stay. That request is partly moot given that the motion to stay was recently denied. But the other still-pending motions, even if partially merited, may not require an extended delay in proceeding with discovery.The motion is Granted in so far as additional time is requested to serve responses to the wide breadth of requests at issue. Therefore Defendants' responses are now due 4/13/2020.Any future discovery related disputes must be raised through the Court's discovery calendar process and not via motion. Signed by Magistrate Judge Edwin G. Torres on 3/13/2020. (EGT) [Transferred from Florida Southern on 7/22/2020.] |
Filing 35 RESPONSE in Opposition re #33 Defendant's MOTION for Extension of Time to Serve Responses And/Or Objections to Plaintiffs' First Set of Interrogatoriess and First Request for Production of Documents to Defendant filed by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. Replies due by 3/19/2020. (Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 34 ORDER denying #23 Defendant's Motion to Stay. Signed by Magistrate Judge Edwin G. Torres on 3/12/2020. See attached document for full details. (js02) [Transferred from Florida Southern on 7/22/2020.] |
Filing 33 Defendant's MOTION for Extension of Time to Serve Responses And/Or Objections to Plaintiffs' First Set of Interrogatoriess and First Request for Production of Documents to Defendant by SECURITY BENEFIT LIFE INSURANCE COMPANY. Responses due by 3/25/2020 (Attachments: #1 Text of Proposed Order Order Granting Defendant's Motion for Extension of Time to Serve Responses and/or Objections to Plaintiffs' First Set of Interrogatories and First Request for Production of Documents to Defendant)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 32 Defendant's MOTION to Stay re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Motion to Stay Discovery Pending Ruling on Dispositive Motion to Dismiss by SECURITY BENEFIT LIFE INSURANCE COMPANY. Responses due by 3/20/2020 (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 31 Defendant's MOTION to Dismiss with Prejudice #16 Amended Complaint, by SECURITY BENEFIT LIFE INSURANCE COMPANY. Responses due by 3/20/2020 (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 30 Defendant's MOTION Request for Judicial Notice by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A: Chart on performance, #2 Exhibit B-1: Ella Clintons TVA Contract No. -7001, #3 Exhibit B-2: Ella Clintons TVA Contract No. -7002, #4 Exhibit B-3: Ella Clintons TVA Contract No. -7003, #5 Exhibit B-4: Ella Clintons TVA Contract No. -7004, #6 Exhibit B-5: Ella Clintons TVA Contract No. -7005, #7 Exhibit B-6: Donald P. Coxs TVA Contract No. -3394, #8 Exhibit B-7: Martha E. Miller Coxs TVA Contract No. -1154, #9 Exhibit B-8: Martha E. Miller Coxs TVA Contract No. -3395, #10 Exhibit B-9: Michael Webbers TVA Contract No. -8728, #11 Exhibit B-10: Michael Webbers TVA Contract No. -8729, #12 Exhibit B-11: Terri L. Stauffer-Schmidts TVA Contract No. -2358, #13 Exhibit B-12: Wai Hee Yuens TVA Contract No. -5243, #14 Exhibit B-13: Willian Carricks TVA Contract No. -7999, #15 Exhibit B-14: Jean P. Wrights TVA Contract No. -4440, #16 Exhibit C: H. Rosens SBL SIA Contract No. -6286, #17 Exhibit D-1: Statement of Understanding for TVA Contract for E. Clinton, #18 Exhibit D-2: Statement of Understanding for TVA Contract for D. Cox, #19 Exhibit D-3: Statement of Understanding for TVA Contract for M. Cox, #20 Exhibit D-4: Statement of Understanding for TVA Contract for J. Wright, #21 Exhibit D-5: Statement of Understanding for TVA Contract for M. Webber, #22 Exhibit D-6: Statement of Understanding for TVA Contract for T. Stauffer-Schmidt, #23 Exhibit D-7: Statement of Understanding for TVA Contract for W. Hee Yuen, #24 Exhibit D-8: Statement of Understanding for TVA Contract for W. Carrick, #25 Exhibit E: H. Rosens Statement of Understanding on SIA, #26 Exhibit F: SBLs "Annuity Linked TVI Index Explained" brochure, #27 Exhibit G: SBLs "Understanding the BNP Paribas High Dividend Plus Index" brochure, #28 Exhibit H: SBLs A Close Look At the Morgan Stanley Dynamic Allocation Index brochure, #29 Exhibit I: SBLs About Transparent Value Blended Index brochure, #30 Exhibit J: SBLs Total Value Annuity Hypothetical Illustration prepared for Michael Webber on April 22, 2014, #31 Exhibit K: SBLs Total Value Annuity Hypothetical Illustration prepared for Brownie Clinton on August 11, 2015, #32 Exhibit L: 2019 Annual Statement for Michael Webbers TVA Contract No. -8728, #33 Exhibit M: 2019 Annual Statement for Michael Webbers TVA Contract No. -8728, #34 Exhibit N: 2016 Annual Statement for William Carricks TVA Contract No. -7999, #35 Exhibit O: 2015 Annual Statement for Donald P. Coxs TVA Contract No. -3394, #36 Exhibit P: 2015 Annual Statement for Martha E. Miller Coxs TVA Contract No. -1154, #37 Exhibit Q: 2014 Annual Statement for Wai Hee Yuens TVA Contract No. -5243)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 29 REPLY to Response to Motion re #23 Defendant's MOTION to Stay and Incorporated Memorandum of Law filed by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 28 PAPERLESS ORDER GRANTING in part Defendant's unopposed motion for leave to exceed page limit in Defendant's motion to dismiss #26 . Defendant's motion to dismiss shall not exceed 30 pages. Signed by Judge Kathleen M. Williams on 2/27/2020. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 27 RESPONSE in Opposition re #23 Defendant's MOTION to Stay and Incorporated Memorandum of Law filed by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. Replies due by 3/4/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 26 Unopposed MOTION for Leave to File Excess Pages in Defendant's Motion to Dismiss First Amended Class Action Complaint by SECURITY BENEFIT LIFE INSURANCE COMPANY. (Attachments: #1 Exhibit A - Proposed Order)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 25 PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE TORRES. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendant's motion to stay #23 is REFERRED to United States Magistrate Judge Edwin G. Torres for a report and recommendation. Signed by Judge Kathleen M. Williams on 2/13/2020. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 24 AFFIDAVIT Declaration of Gillian H. Clow in Support of Defendant's Motion for Limited Stay signed by: Gillian H. Clow re #23 Defendant's MOTION to Stay and Incorporated Memorandum of Law by SECURITY BENEFIT LIFE INSURANCE COMPANY (Attachments: #1 Exhibit A - Ogles Second Amended Class Action Complaint, #2 Exhibit B - Ogles Order Granting Defendants' Motion to Dismiss)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 23 Defendant's MOTION to Stay and Incorporated Memorandum of Law by SECURITY BENEFIT LIFE INSURANCE COMPANY. Responses due by 2/26/2020 (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 22 Notice of Pending, Refiled, Related or Similar Actions by SECURITY BENEFIT LIFE INSURANCE COMPANY (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 21 PAPERLESS ORDER GRANTING Defendant's unopposed motion for extension #20 . Defendant shall respond to Plaintiff's amended complaint no later than March 6, 2020. Plaintiff shall file any opposing memorandum no later than 30 days after filing and service of the response. Defendant shall file a reply no later than 21 days after filing and service of Plaintiff's opposing memorandum. Signed by Judge Kathleen M. Williams on 2/11/2020. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 20 Unopposed MOTION for Extension of Time To Serve a Motion Directed to the First Amended Complaint and Proposed Agreed Briefing Schedule on Same re #16 Amended Complaint, by SECURITY BENEFIT LIFE INSURANCE COMPANY. Responses due by 2/24/2020 (Attachments: #1 Text of Proposed Order)(Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 19 PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Andrew S. Friedman ; granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Francis J. Balint, Jr.The Clerk shall add pro hac counsel as co-counsel of record for Plaintiffs. Signed by Magistrate Judge Edwin G. Torres on 1/23/2020. (EGT) [Transferred from Florida Southern on 7/22/2020.] |
Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Francis J. Balint. Filing Fee $ 75.00 Receipt # 113C-12330049 by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. Responses due by 2/5/2020 (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew S. Friedman. Filing Fee $ 75.00 Receipt # 113C-12329924 by WILLIAM CARRICK, ELLA CLINTON, DONALD P. COX, MARTHA E. MILLER COX, HOWARD ROSEN, TERRI L STAUFFER-SCHMIDT, MICHAEL A. WEBBER, JEAN P. WRIGHT, WAI HEE YUEN. Responses due by 2/5/2020 (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 16 First AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against SECURITY BENEFIT LIFE INSURANCE COMPANY filed in response to Order Granting Motion for Leave, filed by ELLA CLINTON, WILLIAM CARRICK, TERRI L STAUFFER-SCHMIDT, JEAN P. WRIGHT, MICHAEL A. WEBBER, DONALD P. COX, HOWARD ROSEN, WAI HEE YUEN, MARTHA E COX.(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 15 Defendant's Corporate Disclosure Statement by SECURITY BENEFIT LIFE INSURANCE COMPANY identifying Corporate Parent SBL Holdings, LLC for SECURITY BENEFIT LIFE INSURANCE COMPANY (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 14 PAPERLESS ORDER GRANTING Parties' joint motion on Plaintiff's leave to file an amended complaint #13 . Plaintiff shall file its amended complaint by January 20, 2020. Defendant shall respond to the amended complaint by February 19, 2020. Signed by Judge Kathleen M. Williams on 12/23/2019. (clu) [Transferred from Florida Southern on 7/22/2020.] |
Filing 13 Joint MOTION for Leave to File AN AMENDED COMPLAINT AND ON DEFENDANTS EXTENSION OF TIME TO SERVE A RESPONSIVE PLEADING OR MOTION THERETO by ELLA CLINTON. (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 12 PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Robert D. Phillips, Jr.; Samuel J. Park; Gillian H. Clow. The Clerk shall add pro hac counsel as co-counsel for Defendant. Signed by Magistrate Judge Edwin G. Torres on 12/23/2019. (EGT) [Transferred from Florida Southern on 7/22/2020.] |
Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert D. Phillips, Jr.; Samuel J. Park; Gillian H. Clow. Filing Fee $ 225.00 Receipt # 113C-12248726 by SECURITY BENEFIT LIFE INSURANCE COMPANY. Responses due by 1/3/2020 (Attachments: #1 Certification of Robert D. Phillips, Jr., #2 Certification of Samuel J. Park, #3 Certification of Gillian H. Clow, #4 Text of Proposed Order on Motion to Appear Pro Hac Vice)(Ackerman, David) [Transferred from Florida Southern on 7/22/2020.] |
Filing 10 NOTICE of Attorney Appearance by Eleni Sevasti Kastrenakes on behalf of SECURITY BENEFIT LIFE INSURANCE COMPANY. Attorney Eleni Sevasti Kastrenakes added to party SECURITY BENEFIT LIFE INSURANCE COMPANY(pty:dft). (Kastrenakes, Eleni) [Transferred from Florida Southern on 7/22/2020.] |
Filing 9 NOTICE of Attorney Appearance by David Paul Ackerman on behalf of SECURITY BENEFIT LIFE INSURANCE COMPANY. Attorney David Paul Ackerman added to party SECURITY BENEFIT LIFE INSURANCE COMPANY(pty:dft). (Ackerman, David) [Transferred from Florida Southern on 7/22/2020.] |
Filing 8 PAPERLESS ORDER granting #7 Defendant's Unopposed Motion for Extension of Time to File a Response/Answer to Plaintiff's Complaint for good cause shown in the unopposed motion. Defendant's Response is now due on or before January 13, 2020. Signed by Magistrate Judge Edwin G. Torres on 12/18/2019. (js02) [Transferred from Florida Southern on 7/22/2020.] |
Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, (Class Action) by SECURITY BENEFIT LIFE INSURANCE COMPANY. Attorney Christopher Allen Riley added to party SECURITY BENEFIT LIFE INSURANCE COMPANY(pty:dft). (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendant Security Benefit Life Insurance Company's Unopposed Motion for Extension of Time to Respond to the Class Action Complaint)(Riley, Christopher) [Transferred from Florida Southern on 7/22/2020.] |
Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ELLA CLINTON. SECURITY BENEFIT LIFE INSURANCE COMPANY served on 12/2/2019, answer due 12/23/2019. (Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
Filing 5 ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 12/6/2019. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/22/2020.] |
Filing 4 ORDER OF RECUSAL. Senior Judge Paul C. Huck recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Senior Judge Paul C. Huck on 11/25/2019. See attached document for full details. (yar) [Transferred from Florida Southern on 7/22/2020.] |
Filing 3 Summons Issued as to SECURITY BENEFIT LIFE INSURANCE COMPANY. (ebz) [Transferred from Florida Southern on 7/22/2020.] |
Filing 2 Clerks Notice of Judge Assignment to Senior Judge Paul C. Huck. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz) [Transferred from Florida Southern on 7/22/2020.] |
Filing 1 COMPLAINT CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against SECURITY BENEFIT LIFE INSURANCE COMPANY. Filing fees $ 400.00 receipt number 113C-12164807, filed by ELLA CLINTON. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Moskowitz, Adam) [Transferred from Florida Southern on 7/22/2020.] |
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