Lenihan v. Trustage Financial Group, Inc. et al
| Martha Lenihan |
| Trustage Financial Group, Inc., Members Life Insurance Company and Does I-X |
| 2:2023cv00072 |
| October 19, 2023 |
| US District Court for the District of Montana |
| John Johnston |
| Brian Morris |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Telephonic Scheduling Conference held on 12/13/2023. A date for a settlement conference was not set. (TXB) |
Filing 25
Order Setting: Telephonic Scheduling Conference set for 12/13/2023 at 01:30 PM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 12/7/2023. (APP)
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Filing 24
ORDER REFERRING CASE to Magistrate Judge Kathleen L. DeSoto for the limited purpose of conducting a settlement conference. Judge DeSoto will make arrangements for setting the settlement conference. Signed by Magistrate Judge John Johnston on 12/6/2023. (MMS)
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Filing 23
ORDER granting #22 Motion to Appear Pro Hac Vice for Attorney Scott R. Larson. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 12/21/2023. Signed by Magistrate Judge John Johnston on 12/6/2023. (SAJ)
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| Filing 22 MOTION Scott R. Larson to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3173056.). Bryan Lincoln Spoon appearing for Plaintiff Martha Lenihan. (Attachments: #1 Text of Proposed Order Proposed Order) (Spoon, Bryan) |
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Filing 21
SCHEDULING ORDER:The Court conducted a preliminary pretrial conference in this case on December 6, 2023. Plaintiff was represented by Conner Bottomly, Esq. Defendants were represented by Ava Rae Biacobbo, Esq. and Matthew M. Hibbs, Esq. IT IS ORDERED: The undersigned will refer this case to a Magistrate Judge for the purpose of conducting a settlement conference by separate order. Final Pretrial Conference set for 11/25/2024 at 01:00 PM in Butte, MT before Magistrate Judge John Johnston. Jury Trial set for 12/10/2024 at 09:00 AM in Butte, MT before Magistrate Judge John Johnston. All amendments of pleadings and joinder of parties on or before: 1/31/2024. ALL Discovery shall close on: 8/22/2024. All pretrial motions, other than discovery motions, shall be filed (with a supporting brief) on or before: 10/11/2024. Proposed Pretrial Order due by 11/22/2024. Signed by Magistrate Judge John Johnston on 12/6/2023. **SEE ORDER FOR FULL DETAILS** (ACC)
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| Filing 20 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Pretrial Conference held on 12/6/2023. (SLL) |
| Filing 19 PRELIMINARY PRETRIAL STATEMENT by Martha Lenihan. (Attachments: #1 Exhibit Insurance Policy) (Bottomly, Conner) |
| Filing 18 JOINT DISCOVERY PLAN by Martha Lenihan. (Bottomly, Conner) |
| Filing 17 STATEMENT OF STIPULATED FACTS by Martha Lenihan. (Bottomly, Conner) |
| Filing 16 NOTICE of Appearance by Conner Bottomly on behalf of Martha Lenihan (Bottomly, Conner) |
| Filing 15 PRELIMINARY PRETRIAL STATEMENT by Members Life Insurance Company, Trustage Financial Group, Inc.. (Hibbs, Matthew) |
| Terminate Acknowledgment of PHV deadline re #9 ORDER granting 6 Motion to Appear Pro Hac Vice for Attorney Ava Giacobbo. (SAJ) |
| Filing 14 COMPLAINT, REQUEST FOR DECLARATORY JUDGMENT, AND DEMAND FOR JURY TRIAL (STATE COURT) against All Defendants, filed by Martha Lenihan. (MMS) |
| Filing 13 NOTICE OF STATE COURT DOCUMENTS from Montana Second Judicial District Court re #1 Notice of Removal; consisting of: (Attachments: #1 Notice of Filing Notice of Removal, #2 Docket Sheet) (MMS) |
| Filing 12 CERTIFICATE of Counsel re #9 Order on Motion to Appear Pro Hac Vice, Acceptance and Acknowledgment by Ava Rae Giacobbo on behalf of Members Life Insurance Company, Trustage Financial Group, Inc. (Giacobbo, Ava) |
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Filing 11
PRELIMINARY PRETRIAL CONFERENCE ORDER:Preliminary Pretrial Statement due by 11/29/2023. Joint Discovery Plan due by 11/29/2023. Statement of Stipulated Facts due by 11/29/2023. Telephonic Pretrial Conference set for 12/6/2023 at 11:15 AM in Butte, MT before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 10/26/2023. (ACC)
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| Filing 10 Clerk's Notice Upon Consent to USMJ. Pursuant to L.R. 73.1 and consent of the parties having been made, this case is assigned to the United States magistrate judge to conduct all further proceedings, enter judgment and conduct all post-trial proceedings. Case reassigned to Magistrate Judge John Johnston. (ACC) |
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Filing 9
ORDER granting #6 Motion to Appear Pro Hac Vice for Attorney Ava Giacobbo. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/10/2023. Signed by Magistrate Judge John Johnston on 10/26/2023. (ACC)
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| Filing 8 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge form. |
| Filing 7 Defendants' ANSWER to Complaint by Members Life Insurance Company, Trustage Financial Group, Inc.. (Hibbs, Matthew) |
| Filing 6 MOTION Ava R. Giacobbo to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-3149959.). Matthew M. Hibbs appearing for Defendants Does I-X, Members Life Insurance Company, Trustage Financial Group, Inc.. (Hibbs, Matthew) |
| Filing 5 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge form. |
| Filing 4 NOTICE of Appearance by Justin P. Stalpes on behalf of All Plaintiffs (Stalpes, Justin) |
| Filing 3 Corporate Disclosure Statement by Does I-X, Members Life Insurance Company, Trustage Financial Group, Inc.. (Hibbs, Matthew) |
| Filing 2 Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 11/2/2023. (MMS) |
| Filing 1 NOTICE OF REMOVAL by Trustage Financial Group, Inc., Members Life Insurance Company from Montana Second Judicial District Court, case number DV-23-228. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (MMS) |
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