Principal Life Insurance Company v. Westerlund et al
| Principal Life Insurance Company |
| Elizabeth Anne Reif Westerlund and Darcy Jean Westerlund |
| 0:2018cv03271 |
| November 29, 2018 |
| US District Court for the District of Minnesota |
| Leo I Brisbois |
| Michael J Davis |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 Withdrawal Payee Information re: #51 Order on Motion for Summary Judgment,,,,, (NRB) |
| Filing 54 DOCUMENT FILED IN ERROR. PROPOSED ORDER TO JUDGE re #53 First MOTION to Withdraw/Disburse/Release Funds filed by Elizabeth Anne Reif Westerlund.(Carlson, Jennifer) Modified text on 9/3/2019 (MMG). |
| Filing 53 DOCUMENT FILED IN ERROR. First MOTION to Withdraw/Disburse/Release Funds filed by Elizabeth Anne Reif Westerlund. (Carlson, Jennifer) Modified text on 9/3/2019 (MMG). |
| Filing 52 JUDGMENT (Attachments: #1 Civil Notice - appeal)(MMG) |
Filing 51
ORDER granting in part and denying in part #31 Motion for Summary Judgment; denying #35 Motion for Summary Judgment. The Court awards Defendant Elizabeth Anne Reif Westerlund the $133,000.00, plus interest, that Plaintiff Principal Life Insurance Company deposited with the Clerk of Court in the registry of the Court; Defendant Elizabeth Anne Reif Westerlund's request for attorneys fees is denied without prejudice; The Court declines to exercise supplemental jurisdiction over Defendant Darcy Jean Westerlunds state law cross-claims; and Defendant Darcy Jean Westerlund's state law cross-claims are dismissed without prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Magistrate Judge Leo I. Brisbois on 8/5/2019. (JLB)
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| Filing 50 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Elizabeth Anne Reif Westerlund re #49 Memorandum in Opposition to Motion filed by Elizabeth Anne Reif Westerlund.(Carlson, Jennifer) |
| Filing 49 MEMORANDUM in Opposition re #35 First MOTION for Summary Judgment Costs, Disbursements, and Attorney's Fees of Darcy Jean Westerlund filed by Elizabeth Anne Reif Westerlund.(Carlson, Jennifer) |
| Filing 48 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Darcy Jean Westerlund re #47 Memorandum in Opposition to Motion, filed by Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund.(Kalis, Andrew) |
| Filing 47 MEMORANDUM in Opposition re #31 First MOTION for Summary Judgment and in Support of Darcy Westerlund's Motion for Summary Judgment and for Costs, Disbursements, and Attorney's Fees filed by Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund.(Kalis, Andrew) |
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Filing 46
BRIEFING ORDER re: #35 Motion for Summary Judgment, #31 Motion for Summary Judgment. Responses due by 5/7/2019 Court will take the parties' Motions [Docket Nos. 31, 35] under advisement as of 5/8/2019. See Order for details. Signed by Magistrate Judge Leo I. Brisbois on 4/24/2019. (VLM)
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Filing 45
Order of Reference based on Consent to proceed before Magistrate Judge. Case reassigned to Magistrate Judge Leo I. Brisbois for all further proceedings. NOTE: the new case number is 18-cv-3271 (LIB). Please use this case number for all subsequent pleadings. Signed by Judge Michael J. Davis on 4/18/2019. (KNK)
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Filing 44
PRETRIAL SCHEDULING ORDER: Fact Discovery due by 7/25/2019. Expert Discovery due by 7/25/2019. Motions (non-disp) due 7/25/2019. Motions (disp) due by 7/25/2019. Ready for trial due by 10/25/2019. See Order for details. Signed by Magistrate Judge Leo I. Brisbois on 4/18/2019. (VLM)
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| Filing 43 First AFFIDAVIT of Elizabeth Anne Reif in SUPPORT OF #31 First MOTION for Summary Judgment filed by Elizabeth Anne Reif Westerlund.(Carlson, Jennifer) |
| Filing 42 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Elizabeth Anne Reif Westerlund re #32 Memorandum in Support of Motion filed by Elizabeth Anne Reif Westerlund.(Carlson, Jennifer) |
| Filing 41 PROPOSED ORDER TO JUDGE re #35 First MOTION for Summary Judgment Costs, Disbursements, and Attorney's Fees filed by Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund.(Kalis, Andrew) |
| Filing 40 NOTICE by Darcy Jean Westerlund re #37 Memorandum in Support of Motion For Summary Judgment, Costs, Disbursements, and Attorney's Fees (Kalis, Andrew) |
| Filing 39 First AFFIDAVIT of Darcy Westerlund in SUPPORT OF #35 First MOTION for Summary Judgment Costs, Disbursements, and Attorney's Fees filed by Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Kalis, Andrew) |
| Filing 38 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Darcy Jean Westerlund re #37 Memorandum in Support of Motion filed by Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund.(Kalis, Andrew) |
| Filing 37 MEMORANDUM in Support re #35 First MOTION for Summary Judgment Costs, Disbursements, and Attorney's Fees filed by Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund.(Kalis, Andrew) |
| Filing 36 MEET and CONFER STATEMENT re #35 Motion for Summary Judgment filed by Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund.(Kalis, Andrew) |
| Filing 35 First MOTION for Summary Judgment Costs, Disbursements, and Attorney's Fees filed by Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund, Darcy Jean Westerlund. (Kalis, Andrew) |
| Filing 34 MEET and CONFER STATEMENT re #31 Motion for Summary Judgment filed by Elizabeth Anne Reif Westerlund.(Carlson, Jennifer) |
| Filing 33 PROPOSED ORDER TO JUDGE re #31 First MOTION for Summary Judgment filed by Elizabeth Anne Reif Westerlund.(Carlson, Jennifer) |
| Filing 32 MEMORANDUM in Support re #31 First MOTION for Summary Judgment filed by Elizabeth Anne Reif Westerlund.(Carlson, Jennifer) |
| Filing 31 First MOTION for Summary Judgment filed by Elizabeth Anne Reif Westerlund. (Carlson, Jennifer) |
| Filing 30 Agreement For Expedited Trial Procedures (Kalis, Andrew) Modified text on 4/16/2019 (MMG). |
| Filing 29 Joint Consent to proceed before a U.S. Magistrate Judge with appeal to 8th Circuit. (Kalis, Andrew) |
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Filing 28
TEXT ONLY ORDER - ORDER/NOTICE TO ATTORNEY - canceling Pretrial Conference. Due to the potential inclement weather forecast, the Pretrial Conference set for April 11, 2019, is CANCELED. The Court will issue its Scheduling Order based upon the parties written submissions. Ordered by Magistrate Judge Leo I. Brisbois on 4/10/2019. (VLM)
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| Filing 27 REQUEST to APPEAR BY TELEPHONE by Elizabeth Anne Reif Westerlund. (Carlson, Jennifer) |
| Filing 26 First STATEMENT OF CASE as to Darcy Jean Westerlund. (Kalis, Andrew) |
| Filing 25 First STATEMENT OF CASE as to Elizabeth Anne Reif Westerlund. (Carlson, Jennifer) |
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Filing 24
STIPULATED ORDER AND FINAL DECREE OF INTERPLEADER. Signed by Judge Michael J. Davis on 4/4/2019. (GRR)
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| Filing 23 REPORT of Rule 26(f) Planning Meeting. Filed by Darcy Jean Westerlund. Jointly signed by Elizabeth Anne Reif Westerlund.(Kalis, Andrew) Modified text on 4/9/2019 (MMG). |
| Filing 22 First NOTICE of Withdrawal as Attorney for Elizabeth Anne Reif (Carlson, Jennifer) |
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Filing 21
PRETRIAL CONFERENCE NOTICE AND ORDER: Pretrial Conference set for 4/11/2019 at 10:30 AM in Courtroom 3 (DUL) before Magistrate Judge Leo I. Brisbois. Signed by Magistrate Judge Leo I. Brisbois on 3/15/2019. (Attachments: #1 Consent Form)(VLM)
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| Filing 20 AMENDED ANSWER to Defendant/Claimant Darcy Jean Westerlund's Answer to Crossclaim of Defendant/Claimant Elizabeth Anne Reif filed by Darcy Jean Westerlund. (Kalis, Andrew) |
| Filing 19 Darcy Jean Westerlund's ANSWER to Crossclaim Elizabeth Anne Reif filed by Darcy Jean Westerlund. (Kalis, Andrew) |
| Filing 18 Elizabeth Anne Reif's ANSWER to Crossclaim of Darcy Jean Westerlund filed by Elizabeth Anne Reif Westerlund. (Ophoven, Jerome) |
| Filing 17 RECEIPT number 44641101934 in the amount of $138,000.00 issued to Principle Life Insurance Co.. (KNK) Document QC'd by KMH on 2/12/19 (KMH). |
| Filing 16 NOTICE of Voluntary Dismissal by Darcy Jean Westerlund (Kalis, Andrew) |
| Filing 15 Elizabeth Anne Reif's WITHDRAWAL of Claim against Principal Life Insurance Company filed by Elizabeth Anne Reif Westerlund. (Ophoven, Jerome) |
| Filing 14 Elizabeth Anne Reif's ANSWER to Complaint , CROSSCLAIM against Darcy Jean Westerlund., COUNTERCLAIM against Principal Life Insurance Company. filed by Elizabeth Anne Reif Westerlund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Ophoven, Jerome) Modified text on 1/31/2019 (AKL). |
| Filing 13 ANSWER to Complaint , CROSSCLAIM against Principal Life Insurance Company, Elizabeth Anne Reif Westerlund., COUNTERCLAIM against Principal Life Insurance Company, Elizabeth Anne Reif Westerlund. filed by Darcy Jean Westerlund. (Kalis, Andrew) |
| Filing 12 NOTICE of Appearance by Andrew B Kalis on behalf of Darcy Jean Westerlund. (Kalis, Andrew) |
| Filing 11 NOTICE of Appearance by Jerome S Ophoven on behalf of Elizabeth Anne Reif Westerlund. (Ophoven, Jerome) |
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Filing 10
ORDER ON PLAINTIFF/STAKEHOLDER PRINCIPAL LIFE INSURANCE COMPANY'S MOTION TO DEPOSIT INSURANCE PROCEEDS. IT IS HEREBY ORDERED that Plaintiff/Stakeholder's Motion to Deposit Funds with the Court #8 is granted and Plaintiff/Stakeholder is granted leave to deposit its admitted liability in the amount of $138,000.00 into the registry of the court. Signed by Judge Michael J. Davis on 1/17/2019. (GRR)
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| Filing 9 PROPOSED ORDER TO JUDGE re Motion to deposit insurance proceeds #8 MOTION for Interpleader Deposit (28 U.S.C. Section 1335). (Kersting, Edna) |
| Filing 8 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) filed by Principal Life Insurance Company. (Attachments: #1 Registry Deposit Information Form)(Kersting, Edna) |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by Principal Life Insurance Company. Elizabeth Anne Reif Westerlund waiver sent on 11/30/2018, answer due 1/29/2019. (Kersting, Edna) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Principal Life Insurance Company. Darcy Jean Westerlund waiver sent on 11/30/2018, answer due 1/29/2019. (Kersting, Edna) |
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Filing 5
TEXT ONLY ENTRY: ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Edna S. Kersting for Principal Life Insurance Company. Approved by Magistrate Judge Leo I. Brisbois on 11/29/2018. (AKL)
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| Filing 4 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per Civil (5th - Master) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 18-cv-3271 (MJD/LIB). (lmb) |
| Filing 3 MOTION for Admission Pro Hac Vice for Attorney Edna S. Kersting. Filing fee $ 100, receipt number AMNDC-6521427 filed by Principal Life Insurance Company. (O'Neill, Patrick) |
| Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Principal Financial Group, Inc. is a publicly-held corporation owning 10 percent or more of stock of Interpleader Principal Life Insurance Company. (O'Neill, Patrick) |
| Filing 1 COMPLAINT FOR INTERPLEADER AND OTHER RELIEF against Darcy Jean Westerlund, Elizabeth Anne Reif Westerlund (filing fee $400, receipt number AMNDC-6520947) filed by Principal Life Insurance Company. No summons requested. (Attachments: #1 Exhibit(s) A - Group Policy, #2 Exhibit(s) B - Enrollment Form, #3 Exhibit(s) C - Death Certificate, #4 Exhibit(s) D - Divorce Decree, #5 Exhibit(s) E - Life Claim-Elizabeth, #6 Exhibit(s) F - Life Claim-Darcy, #7 Exhibit(s) G - August 10 Letter, #8 Civil Cover Sheet). (O'Neill, Patrick) Modified text on 11/29/2018 (lmb). |
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