Jackson National Life Insurance Company v. Hays et al
| Jackson National Life Insurance Company |
| Molly Hays, Kimberly Spier, Henry Hays and Presley Whidden |
| 3:2023cv00601 |
| July 25, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Other Statutory Actions |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.
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| Case reassigned to Chief Judge Shelly D. Dick. Judge Brian A. Jackson no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT) |
| Filing 13 FIRST AMENDED COMPLAINT against Henry Hays, Molly Hays, Kimberly Spier, Presley Whidden, filed by Jackson National Life Insurance Company. (Attachments: #1 Exhibit 1 - Annuitant Application, #2 Exhibit 2 - Annuity Contract, #3 Exhibit 3 - Annuity Service Request, #4 Exhibit 4 - Correspondence, #5 Exhibit 5 - Correspondence, #6 Exhibit 6 - Claim Forms)(LLH) |
Filing 12
ORDER granting #11 Ex Parte MOTION for Leave to File First Amended Complaint for Interpleader, filed by Plaintiff Jackson National Life Insurance Company. The Motion was filed in response to the Court's 10 Notice and Order to clarify the citizenship allegations with regard to the defendants, which allegations are now adequate to establish minimal diversity as required under 28 U.S.C. 1335. The clerk of court is instructed to docket the [11-2] First Amended Complaint for Interpleader, which will become Plaintiff's operative complaint in this case. Signed by Magistrate Judge Erin Wilder-Doomes on 08/08/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| MOTION(S) REFERRED: #11 MOTION for Leave to File First Amended Complaint for Interpleader and Exhibits. This motion is now pending before the USMJ. (EDC) |
| Filing 11 MOTION for Leave to File First Amended Complaint for Interpleader and Exhibits by Jackson National Life Insurance Company (Attachments: #1 Proposed Order, #2 Proposed Pleading; First Amended Complaint for Interpleader, #3 Exhibit 1 - Annuitant Application, #4 Exhibit 2 - Annuity Contract, #5 Exhibit 3 - Annuity Service Request, #6 Exhibit 4 - Correspondence, #7 Exhibit 5 - Correspondence, #8 Exhibit 6 - Claim Forms)(Gilbert, James) |
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Filing 10
NOTICE AND ORDER: Plaintiff Jackson National Life Insurance Company ("Plaintiff") filed a #1 Complaint for Interpleader against Molly Hays ("MH"), Kimberly Spier ("KS"), Henry Hays ("HH"), and Presley Whidden ("PW") (collectively, "Defendants"), alleging that that this Court has subject matter jurisdiction under 28 U.S.C. 1335 as "there is minimal diversity among Defendants and the amount in controversy exceeds $500." R. Doc. 1, 6. Plaintiff is alleged to be a corporation incorporated, and maintaining its principal place of business, in Michigan (Id. at 1), which is sufficient to establish Plaintiff's citizenship under 28 U.S.C. 1332(c). However, the citizenships of Defendants have not been adequately alleged. Id. at 2-5 (alleging that MH "resides" in Louisiana, that KS "resides" in Florida, that HH "resides" in Louisiana, and that PW "resides" in California). Allegations of residency are not sufficient to allege the citizenship of an individual for diversity purposes. See Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974) ("For diversity purposes, citizenship [of an individual] means domicile; mere residence in the State is not sufficient."). Accordingly, to allege the citizenship of an individual, such as Defendants, Plaintiff must affirmatively allege each Defendant's domicile. Accordingly, IT IS ORDERED that by no later than August 11, 2023, Plaintiff shall file a motion for leave to file a comprehensive amended Complaint that properly alleges the citizenship of all parties. Signed by Magistrate Judge Erin Wilder-Doomes on 8/4/2023. (BLR)
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Filing 9
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/12/2023 at 03:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 9/28/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 8/1/2023. (BLR)
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| Filing 8 Summons Issued as to Henry Hays, Molly Hays, Kimberly Spier, Presley Whidden. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: #1 summons, #2 summons, #3 summons)(EDC) |
| Filing 7 Certificate of Interested Persons by Jackson National Life Insurance Company identifying Corporate Parent Jackson Financial Inc., Affiliate/Interested Person Jackson National Life Insurance Company for Jackson National Life Insurance Company.. (Gilbert, James) |
| Filing 6 Corporate Disclosure Statement by Jackson National Life Insurance Company identifying Corporate Parent Jackson Financial Inc. for Jackson National Life Insurance Company.. (Gilbert, James) |
| Filing 5 Summons Submitted as to Presley Whidden (Gilbert, James) |
| Filing 4 Summons Submitted as to Henry Hays (Gilbert, James) |
| Filing 3 Summons Submitted as to Kimberly Spier (Gilbert, James) |
| Filing 2 Summons Submitted as to Molly Hays (Gilbert, James) |
| Filing 1 COMPLAINT for Interpleader against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2611337.), filed by Jackson National Life Insurance Company. (Attachments: #1 Exhibit 1 - Annuitant Application, #2 Exhibit 2 - Annuity Contract, #3 Exhibit 3 - Annuity Service Request, #4 Exhibit 4 - Correspondence, #5 Exhibit 5 - Correspondence, #6 Exhibit 6 - Claim Forms, #7 Civil Cover Sheet)(Gilbert, James) |
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