Duckworth v. United of Omaha Life Insurance Company et al
Plaintiff: Elton Duckworth
Defendant: United of Omaha Life Insurance Company, Family First Life and David A. Williams
Case Number: 1:2021cv00236
Filed: July 12, 2021
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Louis Guirola
Referring Judge: Robert P Myers
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2021 NOTICE of Settlement by All Parties per email notification received from attorney Thomas L. Carpenter. The parties shall have 45 days to consummate the settlement. This settlement is subject to bankruptcy court approval. (SR)
August 25, 2021 Opinion or Order TEXT ONLY ORDER Cancelling Settlement Conference set for 9/29/2021 09:00 AM in Courtroom 683 (Gulfport) before Magistrate Judge Robert P. Myers Jr. Notice of Settlement entered 8/25/2021. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on 8/25/2021 (SR)
August 25, 2021 NOTICE of Hearing: TELEPHONIC Status Conference set for 10/18/2021 09:30 AM before Magistrate Judge Robert P. Myers Jr. regarding status of bankruptcy approval of the settlement. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR)
August 20, 2021 Filing 17 MEMORANDUM in Support re #16 MOTION to Extend Reply memorandum on issue of personal jurisdiction Deadline to extend to August 27, 2021 filed by Family First Life (Carpenter, Thomas)
August 20, 2021 Filing 16 MOTION to Extend Reply memorandum on issue of personal jurisdiction Deadline to extend to August 27, 2021 by Family First Life (Attachments: #1 Exhibit Exh A - E-mail on agreement to extension)(Carpenter, Thomas)
August 20, 2021 Opinion or Order TEXT ONLY ORDER granting #16 Motion to Extend Deadline. The reply in support of the Motion to Dismiss is due on August 27, 2021. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 8/20/2021. (BR)
August 10, 2021 NOTICE of Hearing: Settlement Conference SET AT THE REQUEST OF THE PARTIES for 9/29/2021 09:00 AM in Courtroom 683 (Gulfport) before Magistrate Judge Robert P. Myers Jr. Counsel are instructed to submit to Judge Myers, seven (7) days prior to the conference, a memorandum (3-page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Myers via e-mail (myers_chambers@mssd.uscourts.gov). Although the COVID-19 pandemic has disrupted the normal functioning of Court business, it is the Court's intention to conduct an in-person settlement conference. LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (SR)
August 6, 2021 Opinion or Order TEXT ONLY ORDER granting #14 Motion to Extend Deadline. The reply memorandum on the remaining issue of personal jurisdiction is due by August 20, 2021. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 08/06/2021. (smb)
August 6, 2021 Opinion or Order TEXT ONLY ORDER granting #10 Motion for Extension of Time to Serve Process. In accordance with Defendant Family First Life, LLC's #13 Notification unopposing extension, the Court hereby grants additional time to perfect service of process. The Plaintiff Elton Duckworth has until October 15, 2021, to perfect service. Signed by District Judge Louis Guirola, Jr., on 08/06/2021. (smb)
August 5, 2021 Filing 15 MEMORANDUM in Support re #14 Consent MOTION to Extend Reply memorandum on issue of personal jurisdiction Deadline from August 6, 2021 to August 20, 2021 filed by Family First Life (Carpenter, Thomas)
August 5, 2021 Filing 14 Consent MOTION to Extend Reply memorandum on issue of personal jurisdiction Deadline from August 6, 2021 to August 20, 2021 by Family First Life (Attachments: #1 Exhibit Exh A - E-mail stream on agreement to extension)(Carpenter, Thomas)
August 5, 2021 Filing 13 NOTICE of intent not to respond under Local Rule 7(b)(3)(A) by Family First Life re #10 MOTION for Extension of Time to Serve Process and Complaint, #6 Memorandum in Support of Motion, #11 Response to Motion, #5 MOTION to Dismiss for Lack of Jurisdiction MOTION Dismissal for insufficient service of process , #12 Memorandum in Support (Carpenter, Thomas)
July 30, 2021 Filing 12 MEMORANDUM IN SUPPORT re #5 MOTION to Dismiss for Lack of Jurisdiction MOTION Dismissal for insufficient service of process filed by Elton Duckworth (Fitzgerald, Christopher)
July 30, 2021 Filing 11 RESPONSE to Motion re #5 MOTION to Dismiss for Lack of Jurisdiction MOTION Dismissal for insufficient service of process filed by Elton Duckworth (Attachments: #1 Exhibit Ex 1 United of Omaha Application for Life Insurance, #2 Exhibit Ex 2 United of Omaha Denial Letter)(Fitzgerald, Christopher)
July 26, 2021 Filing 10 MOTION for Extension of Time to Serve Process and Complaint by Elton Duckworth (Attachments: #1 Exhibit Proof of Service, #2 Exhibit United of Omaha Application)(Fitzgerald, Christopher)
July 26, 2021 DOCKET ANNOTATION as to # 10. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to type in the exhibit letter/number in the description box in future filings. (JCH)
July 21, 2021 Filing 9 NOTICE of Appearance by Laura C. Nettles on behalf of David A. Williams (Nettles, Laura)
July 20, 2021 Filing 8 NOTICE of Appearance by Michael D. Anderson on behalf of United of Omaha Life Insurance Company (Anderson, Michael)
July 20, 2021 DOCKET ANNOTATION as to # 5. Attorney is advised that only 1 relief should have been selected for this motion, which is Motion to Dismiss and the other verbiage could have been typed in. Clerk's Office has corrected the entry to read "Motion to Dismiss for Lack of Jurisdiction and for Insufficient Service of Process". Attorney does not need to re-file. (JCH)
July 20, 2021 DOCKET ANNOTATION as to # 7. 1.) Attorney is advised that this document should have been filed as an "Answer to Complaint (Notice of Removal)", which can be found under the "Other Answers" category. Attorney does not need to re-file, but should follow this procedure in future filings. 2.) Attorney is advised that the complete case number should include judge initials of LG-RPM. Attorney is not required to re-file.(JCH)
July 20, 2021 DOCKET ANNOTATION as to # 3. Attorney is advised that this document should have been filed as an "Answer to Complaint (Notice of Removal)", which can be found under the "Other Answers" category. Attorney does not need to re-file, but should follow this procedure in future filings. (JCH)
July 19, 2021 Filing 7 ANSWER to Complaint Answer & Affirmative Defenses by David A. Williams.(Pulvere, Graham)
July 19, 2021 Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss for Lack of Jurisdiction and for insufficient service of process filed by Family First Life (Carpenter, Thomas) Modified on 7/20/2021 (JCH).
July 19, 2021 Filing 5 MOTION to Dismiss for Lack of Jurisdiction and for insufficient service of process by Family First Life (Attachments: #1 Exhibit Exh. 1 - Declaration of Bill Greenleaf with supporting document)(Carpenter, Thomas) Modified on 7/20/2021 (JCH).
July 19, 2021 Filing 4 State Court Record by Defendant United of Omaha Life Insurance Company (Attachments: #1 Attachment Entire State Court Record)(Simpkins, Kelly)
July 19, 2021 Filing 3 Affirmative Defenses and ANSWER to Complaint by United of Omaha Life Insurance Company.(Simpkins, Kelly)
July 16, 2021 Filing 2 Joinder in Document by Family First Life to #1 Notice of Removal,,, filed by United of Omaha Life Insurance Company, David A. Williams (Carpenter, Thomas)
July 16, 2021 DOCKET ANNOTATION as to # 2. Attorney is advised that the defendant was named as Family First Life, not Family First Life, LLC in the Notice of Removal and lower court complaint. The party should be named without the LLC in all future filings, unless a Motion to Change Name is filed and granted. (JCH)
July 13, 2021 DOCKET ANNOTATION as to #1: Advising attorney that Defendant, David A. Williams should be listed in all future filed pleadings as it appears on the docket. (RLW)
July 12, 2021 Filing 1 NOTICE OF REMOVAL by United of Omaha Life Insurance Company, David A. Williams from Circuit Court of Harrison Co., MS, 1st Jud. Dist., case number A2401-2021-080, jury demand lower court. (Filing fee $402.00 receipt number 4605112) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Pleadings Served, #2 Exhibit B - CT Business Record, #3 Exhibit C - Williams MID Licensing, #4 Civil Cover Sheet) (RLW)

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Plaintiff: Elton Duckworth
Represented By: Christopher E. Fitzgerald
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Defendant: United of Omaha Life Insurance Company
Represented By: Kelly D. Simpkins
Represented By: Michael D. Anderson
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Defendant: Family First Life
Represented By: Thomas L. Carpenter, Jr.
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Defendant: David A. Williams
Represented By: Graham Ross Pulvere
Represented By: Laura C. Nettles
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