Jipson v. Fidelity Life Association et al
| Hilary Jipson |
| Peoples Bank & Trust Company of Madison County and Fidelity Life Association |
| 5:2020cv00476 |
| November 27, 2020 |
| US District Court for the Eastern District of Kentucky |
| Matthew A Stinnett |
| Gregory F VanTatenhove |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on April 13, 2022. A more recent docket listing may be available from PACER.
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Filing 33
ORDER re #32 Motion for Order: 1) Motion for Order of Dismissal is GRANTED. 2) All claims in this matter by Ptf. Jipson against Dft. Fidelity are DISMISSED WITHOUT PREJUDICE, each party to bear its own costs. 3) This case is stricken from the Court's active docket. Signed by Judge Gregory F. VanTatenhove on 04/12/2022. (JER)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. VanTatenhove for review: re #32 MOTION for Order by Hilary Jipson (JER)
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Filing 32
MOTION for Order by Hilary Jipson (Attachments: #1 Proposed Order)(Davis, Rodney) Modified text on 4/5/2022 (SLH).
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Set/Reset Deadlines: Dispositive Motions due by 4/4/2022. (JER)
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Filing 31
ORDER re #30 Motion for Extension of Time to File: Motion is SUSTAINED, dispositive motions due NLT 4/4/2022. Signed by Magistrate Judge Matthew A. Stinnett on 03/02/2022. (JER)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Matthew A. Stinnett for review: re #30 JOINT MOTION for Extension of Time to File by Fidelity Life Association to file dispositive motions (30 days) (KJR)
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Filing 30
JOINT MOTION for Extension of Time to File by Fidelity Life Association to file dispositive motions (30 days) Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)(Turner, Ann)
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Filing 29
MEMORANDUM OPINION & ORDER: 1) Dft. People's Bank & Trust Company Motion to Dismiss #16 is GRANTED. 2) Dft. People's Bank Renewed Motion to Dismiss #27 is DENIED AS MOOT. 3) With no remaining claims against them, Dft. People's Bank and Trust is DISMISSED WITH PREJUDICE from this action. Signed by Judge Gregory F. VanTatenhove on 01/28/2022.(JER)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. VanTatenhove for review: re #27 MOTION to Dismiss by Peoples Bank & Trust Company of Madison County (JER)
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Filing 28
ORDER: GRANTING #26 Motion to Amend; 1) Deadline for discovery is extended to 1/31/2022. 2) Deadline for dispositive motions is extended to 3/3/2022. 3) All portions of the 5/12/20221 Scheduling Order pertaining to a jury trial are set aside.. Signed by Magistrate Judge Matthew A. Stinnett on 11/09/2021. (JER)cc: COR, D, JC
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Filing 27
MOTION to Dismiss by Peoples Bank & Trust Company of Madison County (Attachments: #1 Proposed Order Dismissing Complaint against Whitaker Bank f/k/a Peoples Bank)(Gilbert, James)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. VanTatenhove for review: re #26 JOINT MOTION to Amend/Correct #19 Scheduling Order, by Fidelity Life Association. (JER)
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Filing 26
JOINT MOTION to Amend/Correct #19 Scheduling Order,,,,,,,,,, by Fidelity Life Association , JOINT MOTION for Extension of Time by Fidelity Life Association Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order)(Turner, Ann)
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Filing 25
ORDER DIRECTING PRODUCTION OF PHARMACY RECORDS: w/in 30 days of receipt of this order, Walgreen Co shall produce to counsel for pla or facsimile or email, copies of any & all prescription records for Norman Scott Bonds. Signed by Magistrate Judge Matthew A. Stinnett on 10/5/21.(KJR)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Matthew A. Stinnett for review: re #24 MOTION for Order by Hilary Jipson (JER)
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Filing 24
MOTION for Order Directing Production of Pharmacy Records by Hilary Jipson Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order proposed order re: walgreens)(Davis, Rodney) Modified on 10/5/2021 (KJR).
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Filing 23
ORDER: 1) The Court GRANTS joint DE #21 and ORDERS as follows: W/in 30 days of receipt this Order Walmart shall produce to counsel for Ptf. Rodney Davis copies of any and all prescription records for Norman Scott Bonds. This Order expressly authorizes disclosure of prescription records pertaining only to Norman Scott Bonds. 2) The Court DENIES duplicate DE #22 as MOOT.. Signed by Magistrate Judge Matthew A. Stinnett on 08/27/2021. (JER)cc: COR
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NOTICE OF DOCKET MODIFICATION TO Rodney G. Davis re #22 MOTION for Order by Hilary Jipson Error: Attorney filed duplicate motion entries; Entry by attorney; Correction: Clerk modified the text of #22 to indicate it was incorrectly filed, termed the incorrectly filed motion. No further action required by counsel. cc: COR cc: COR (JER)
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Filing 22
INCORRECTLY FILED DUPLICATE. MOTION for Order by Hilary Jipson Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order agreed order)(Davis, Rodney) Modified on 8/27/2021 (JER).
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Filing 21
MOTION for Order by Hilary Jipson Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order agreed order)(Davis, Rodney)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. VanTatenhove for review: re #16 MOTION to Dismiss by Peoples Bank & Trust Company of Madison County (KJR)
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Filing 19
SCHEDULING ORDER: DISCOVERY 1) Parties shall exchange disclosures by 5/7/2021. Discovery Shall be completed by by 11/1/2021. 2) Pursuant to Rule 5(d): a) Rule 26(a)(1) documentation shall not be file. b) Ptf shall disclose witnessed by 9/17/2021. c) Dft shall disclose experts by 10/1/2021. d) Discovery to be completed by 11/01/2021. e) Parties shall supllement disclosures and responses by 1/7/2022. 3) Discovery disputes shall be resolved by a) Parties shall meet and attempt to resolve disputes. b) If parties are unable to resolves, they shall attempt to resolve by telephone conference with Magistrate Judge Matthew A. Stinnett. c) If unable to resolve they may file written motion with the Court. DISPOSITIVE MOTIONS a) Ptfs have until 8/2/2021 to join parties or amend pleadings. b) Dfts have until 9/3/2021 to join parties or amend pleadings. c) Parties have until 12/3/2021 to file dispositive motions, motions in limine, and Daubert motions. PRETRIAL 1) FINAL PRETRIAL CONFERENCE set for 4/12/2022 at 10:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove. 2) No later than 14 days before Final PTC counsel shall file pretrial filings. 3) No later than 10 days prior to Final PTC counsel shall file documents listed in order. 4) No later than 7 days before Final PTC counsel shall file objections. 5) At Final PTC counsel shall be prepared to a) Display exhibits. b) Advise that they have displayed to opposing counsel all exhibits. c) Discuss and make possible stipulations of admissibility. d) Demonstrate an ability to use court's visual presentation system. e) Discuss settlement. 6) In addition to copies filed with the Clerk, the following shall be submitted to Chambers: a) Witness list. b) Exhibit list. c) Proposed jury instructions. d) Proposed voir dire questions e) Statement of the case. These documents to be transmitted in Word document by email to Chambers. TRIAL JURY TRIAL set for 4/25/2022 at 10:00 AM in FRANKFORT before Judge Gregory F. VanTatenhove. EXTENSIONS OF TIME Requests to modify dates or deadlines shall be submitted upon motion prior to expiration of deadline and upon showing of good cause. REFERRAL TO MAGISTRATE JUDGE It is further ordered that this matter is referred to Magistrate Judge Matthew A. Stinnett for 1) Supervising discovery and pretrial proceedings. 2) Conducting all pretrial and status conferences and all deadlines, holding such hearings as may be required, and ruling on non-dispositive motions, except motions in limine. Dispositive motions will be referred by Clerk to the undersigned.. Signed by Judge Gregory F. VanTatenhove on 05/10/2021.(JER)cc: COR, D, JC Modified file date on 5/12/2021 (JER).
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Filing 18
SUPPLEMENTAL FRCP 7.1 DISCLOSURE STATEMENT by Fidelity Life Association identifying Corporate Parent Vericity Holdings, Inc., Corporate Parent Members Holding Company, Corporate Parent Vericity, Inc., Other Affiliate LifeStory.com, LLC, Other Affiliate America Direct Insurance Agency, Inc., Other Affiliate eFinancial, LLC, Other Affiliate iFramework, Inc., Other Affiliate eCoverage.com, LLC for Fidelity Life Association.. (Turner, Ann)
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Filing 17
JOINT REPORT of Rule 26(f) Planning Meeting. (Turner, Ann)
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***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #17 Report of Rule 26(f) Planning Meeting (JJ)
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Filing 16
MOTION to Dismiss by Peoples Bank & Trust Company of Madison County (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Proposed Order)(Gilbert, James)
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Filing 15
FRCP 7.1 DISCLOSURE STATEMENT by Peoples Bank & Trust Company of Madison County identifying Other Affiliate Whitaker Bank, Inc. for Peoples Bank & Trust Company of Madison County.. (Gilbert, James)
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Filing 14
ORDER: 1) Given resolution of Ms. Jipson's Motion to Remand, the stay #12 is LIFTED. 2) Scheduling Order entered on 12/01/2020 #5 is AMENDED as follows: a) Parties shall meet within 30 days; b) Exchange disclosures; c) Rule 26 Meeting Report due within 10 days thereafter. 3) All other provisions and requirements of the 12/01/2020 Scheduling Order remain the same. Signed by Judge Gregory F. VanTatenhove on 03/31/2021.(JER)cc: COR Modified text on 3/31/2021 (JER).
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Set/Reset Deadlines: Rule 26 Meeting Report due by 5/11/2021. (JER)
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Filing 13
MEMORANDUM OPINION & ORDER: Denying #7 Motion to Remand to State Court. Signed by Judge Gregory F. VanTatenhove on 03/29/2021. (JER)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #7 MOTION to Remand to State Court by Hilary Jipson (JJ)
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Filing 12
ORDER: 1. The Joint Motion for Extension of Deadlines from the Order for Meeting and Report [R. #11 ] is GRANTED; and 2. All current deadlines pursuant to the Rule 26(f) Order for Meeting and Report are STAYED pending resolution of the Plaintiff's Motion to Remand. [R. #7 .]. Signed by Judge Gregory F. Van Tatenhove on 1/12/2021.(JJ)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #11 JOINT MOTION for Extension of Time to extend deadlines in 12/1/20 Order for Report [ECF No. #5 ] by Fidelity Life Association (JJ)
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Filing 11
JOINT MOTION for Extension of Time to extend deadlines in 12/1/20 Order for Report [ECF No. #5 ] by Fidelity Life Association (Attachments: #1 Proposed Order)(Turner, Ann) Modified text on 1/12/2021 (JJ).
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Filing 10
RESPONSE in Opposition re #7 MOTION to Remand to State Court by Hilary Jipson filed by Fidelity Life Association. (Attachments: #1 Exhibit 1 - Accidental Death Policy, #2 Exhibit 2 - Denial Letter, #3 Proposed Order)(Turner, Ann)
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Filing 9
ORDER : 1. The Agreed Order Extending Time to Respond to Motion to Remand [R. #8 ] is GRANTED; and 2. Defendant Fidelity Life Association shall have to and including 1/4/2021, to respond to Plaintiff Hilary Jipson's #7 Motion to Remand. Signed by Judge Gregory F. Van Tatenhove on 12/29/2020.(JJ)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #8 Proposed Agreed Order (extending time to respond to motion to remand) by Fidelity Life Association (JJ)
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Filing 8
Proposed Agreed Order (extending time to respond to motion to remand) by Fidelity Life Association. (Turner, Ann)
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NOTICE OF DOCKET MODIFICATION TO Rodney Davis re #7 MOTION to Remand to State Court by Hilary Jipson Error: attachments were insufficiently described as "Exhibit A jipson," "Exhibit B jipson." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (JJ)
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Filing 7
MOTION to Remand to State Court by Hilary Jipson (Attachments: #1 Exhibit Exhibit A jipson, #2 Exhibit Exhibit B jipson, #3 Exhibit Exhibit C jipson, #4 Exhibit Exhibit D jipson)(Davis, Rodney)
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***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: Answer to Complaint (Notice of Removal), #1 Notice of Removal, #6 Answer to Complaint (JJ)
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Filing 6
ANSWER to Complaint by Fidelity Life Association.(Turner, Ann)
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Filing 5
ORDER FOR MEETING AND REPORT: 1. NLT 30 days, counsel shall conduct meeting. 2. At the meeting, counsel shall exchange initial disclosures. 3. NLT 10 days after the meeting, counsel shall file written joint report. 4. In the event this matter involves a corporation or partnership, the party is directed to advise the Court at the time of the submission of the parties' joint report of all parent corporations, subsidiaries, affiliates, members and/or partners with which it is associated. Signed by Judge Gregory F. VanTatenhove on 12/1/2020. (Attachments: #1 Consent to Magistrate Judge Form)(JJ)cc: COR
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Filing 4
FRCP 7.1 DISCLOSURE STATEMENT by Fidelity Life Association identifying Corporate Parent Vericity Holdings, Inc., Corporate Parent Members Holding Company, Corporate Parent Vericity, Inc. for Fidelity Life Association.. (Turner, Ann)
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***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. VanTatenhove for review: #1 Notice of Removal (MDC)
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Filing 3
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Ann Michelle Turner. #1 Notice of Removal has been filed by Fidelity Life Association without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (MDC)
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Filing 1
NOTICE OF REMOVAL from Garrard Circuit Court, case number 20-CI-29. ( Filing fee $400; receipt number 0643-4837391), filed by Fidelity Life Association. (Attachments: #1 Exhibit A- State Court Record, #2 Civil Cover Sheet)(MDC)
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Conflict Check run. (MDC)
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ANSWER to Complaint (Notice of Removal) by Peoples Bank & Trust Company of Madison County. FILED IN STATE COURT RECORD. SEE #1 . (MDC)
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