Lincoln Benefit Life v. Wilson
| Lincoln Benefit Life |
| James W. Wilson |
| 4:2013cv03210 |
| December 10, 2013 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
279
ORDER that Plaintiff's motion to terminate supersedeas bond (Filing 274 ) is withdrawn. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
241
JUDGMENT - All claims alleged in Plaintiff's complaint are dismissed with prejudice. On Defendant's counterclaims, Defendant shall recover from Plaintiff the sum of $1,575,023.39 plus taxable costs. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
212
MEMORANDUM AND ORDER - Defendant's (third) motion in limine (Filing No. 204 ) is denied. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
211
MEMORANDUM AND ORDER - Plaintiff's (third) motion in limine (Filing No. 204 ) is denied. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
199
MEMORANDUM AND ORDER - Reference to Plaintiff's "motion for ruling on affirmative defenses' (Filing No. 194 ) that: 1. Plaintiff's First Affirmative Defense (of failure to state a claim) is withdrawn. 2. Plaintiff's Second Affirmative Defense (of waiver and estoppel, or breach of contract) is precluded. 3. Plaintiff's Third Affirmative Defense (of negligence) is precluded. 4. Plaintiff's Fourth Affirmative Defense (of failure of consideration) is not pre cluded except to the extent stated in the foregoing memorandum. 5. Plaintiff's Fifth Affirmative Defense (of fraud) is withdrawn. 6. Plaintiff's Sixth Affirmative Defense (of Plaintiff's good faith) is moot. 7. Plaintiff's Seven th Affirmative Defense (of no claim for attorneys' fees)is moot. 8. Plaintiff's Eighth Affirmative Defense (of unclean hands) is precluded. 9. Plaintiff's Ninth Affirmative Defense (of judicial estoppel) is precluded. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
193
ORDER - On or before April 11, 2016, Plaintiff shall file a motion requesting a ruling by the court on the question of whether all affirmative defenses it intends to present at trial are precluded by the law of the case doctrine. The motion must des cribe with specificity each affirmative defense Plaintiff intends to raise and must be supported by a brief which explains in detail why Plaintiff believes the affirmative defense is not precluded by the court's previous rulings. Plaintiff may a lso request confirmation from the court that other affirmative defenses Plaintiff believes to be precluded by the courts previous rulings are, in fact, precluded. On or before April 21, 2016, Defendant shall file a response. Upon the filing of Defendant's response, Plaintiff's motion will be ripe for determination, and the court will endeavor to issue a prompt ruling. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
191
MEMORANDUM AND ORDER - The parties' requests for expedited rulings on their motions in limine (Filing Nos. 175 , 190 ) are granted. Defendant's motions in limine (Filing No. 161 , 165 ) are granted. Plaintiff's first motion in l imine (Filing No. 168 ) is granted. Plaintiff's second motion in limine (Filing No. 171 ) is denied. Defendant's motion to strike (Filing No. 188 ) is granted, and Filing Nos. 180 and 181 are hereby stricken from the court file. The remaining issues for trial are: Whether Lincoln Benefit Life is obligated to pay Wilson a commission under the agreement(s) between Wilson andLincoln Benefit Life because the policies were converted and Lincoln Benefit Life received the premiums pursuant to the judgment of the New York court? If the answer to the foregoing is "yes," what is the amount of the commission due Wilson? Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
174
ORDER granting motions for extension of time 172 and 173 . The parties' motions in limine 161 , 165 , 168 and 171 shall be held in abeyance and not considered until the first day of trial during the conference with counsel which will be held in chambers immediately prior to trial, unless a party shall show cause, on or before March 28, 2016, why such deferral would be inappropriate. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
154
MEMORANDUM AND ORDER that Plaintiff's motion for oral argument (Filing No. 127 ) is denied. Plaintiff's motion for summary judgment (Filing No. 97 ) is denied in all respects. Defendant's motion for oral argument (Filing No. 128 ) i s denied. Defendant's motion for summary judgment (Filing No. 98 ) is granted in part and denied in part, as follows: a. Plaintiff's damage claims (counts I, II, and III of the complaint) are dismissed with prejudice. b. Plaintiff is precl uded from asserting as a defense that Defendant breached the agent's contract in connection with the sale of the term life insurance policies. c. In all other respects, the motion is denied. This matter is referred to Magistrate Judge Cheryl R. Zwart for further progression, as appropriate. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
142
ORDER - In response to the July 8, 2015 correspondence from Wilson's counsel (Filing No. 141 ), requesting clarification of the court's memorandum and order entered on July 7, 2015 (Filing No. 139 ), IT IS ORDERED that the "comple te record" in the case of Stephen Carb as Trustee of Lollytogs, Inc. Trust v. Lincoln Benefit Life Company, Inc., Case No. 09cv2980, in the United States District Court for the Southern District of New York, should include all pleadings, tria l transcripts, exhibits marked into evidence, and all trial related submissions to the court (including, but not limited to, pretrial conference orders and reports, trial briefs, motions in limine, requests to charge, and proposed jury interrogatories), plus any other court filings Wilson deems relevant to the issue of collateral estoppel. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
139
MEMORANDUM AND ORDER - This case is removed from the court's trial docket during the week of July 27, 2015, and trial is continued until further order of the court. On or before August 3, 2015, Wilson shall file a copy of the complete recor d in the case of Stephen Carb as Trustee of Lollytogs, Inc. Trust v. Lincoln Benefit Life Company, Inc., Case No. 09cv2980, in the United States District Court for the Southern District of New York. Also on or before August 3, 2015, Wilson shall f ile a supplemental brief discussing whether, under the doctrine of collateral estoppel, the judgment and jury findings in the New York litigation preclude LBL from proving any essential element of its claims or require a finding in favor of Wilson on his counterclaim. On or before August 31, 2015, LBL shall file a responsive brief and may file supplemental evidence. On or before September 14, 2015, Wilson may file a reply. The parties' motions for summary judgment (Filing Nos. 97 , 98 ) will be ripe for decision on and after September 15, 2015. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
138
ORDER - After conferring with the parties,1) Any motion to compel on Defendant's fourth and fifth Requests for Production of Documents shall be filed on or before June 23, 2015.2) Plaintiff's response shall be filed on or before June 30, 2015.3) No reply shall be filed.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
134
ORDER granting 133 Justin English's Motion to Withdraw as Counsel on behalf of Plaintiff Lincoln Benefit Life Company. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
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Filing
132
MEMORANDUM AND ORDER - Defendant James Wilson's Motion for Leave to Amend, (Filing No. 93 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
87
ORDER - The motion to permit Laura Malleta to withdraw as counsel on behalf of James W.Wilson, (filing no. 86 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
85
ORDER granting in part and denying in part 65 Motion to Compel. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
70
ORDER granting 69 Motion to Continue Jury Trial set for 7/27/2015 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 7/14/2015 at 09:30 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Status Conference set for 2/17/2015 at 10:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
63
SECOND AMENDED PROGRESSION ORDER - The parties' joint motion, (Filing No. 62 ), is granted, and the progression order is amended as follows: - - Depositions due 1/12/2015.- - 7-day Jury Trial set for 4/20/2015 at 09:00 AM before Senior Judge Richard G. Kopf. - - Pretrial Conference set for 4/7/2015 at 10:00 AM by WebEx Conference before Magistrate Judge Cheryl R. Zwart. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx.- - The telephonic conference before the undersigned magistrate judge, previously scheduled for November 12, 2014, is continued and will be held on January 20, 2015 at 11:00 a.m. Counsel for the plaintiff shall place or arrange the call.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
61
ORDER granting 60 Email Motion to extend discovery, pretrial and trial dates by 60 days. Jury Trial set for 2/9/2015 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Jud ge Richard G. Kopf. Pretrial Conference set for 1/27/2015 at 11:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. Telephone Conference set for 11/12/2014 at 10:00 AM before Magistrate Judge Cheryl R. Zwart. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
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Filing
51
ORDER - Defendant shall have until May 12, 2014, to file a reply regarding Defendant's motion for summary judgment (filing 20 ). Ordered by Senior Judge Richard G. Kopf. (AOA)
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