Nationwide Life and Annuity Insurance Company v. Weigel et al
| Nationwide Life and Annuity Insurance Company |
| Roger Weigel, Terri Lemmon, Dan E. Ingalls and Estate of Debralee Flynn |
| 4:2022cv03020 |
| February 14, 2022 |
| US District Court for the District of Nebraska |
| John M Gerrard |
| Cheryl R Zwart |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| Defendant |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 67 Certificate regarding Reply #66 by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls.(Davison, Alexander) |
| Filing 66 REPLY regarding Brief #62 by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls. (Attachments: #1 Exhibit)(Davison, Alexander) |
| Filing 65 Certificate regarding Reply #64 by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls.(Davison, Alexander) |
| Filing 64 REPLY regarding Brief #61 by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls.(Davison, Alexander) |
| Filing 63 INDEX in opposition to MOTION to Dismiss for Lack of Subject Matter Jurisdiction #54 by Attorney Ali I. Haque on behalf of Plaintiff Nationwide Life and Annuity Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Haque, Ali) |
| Filing 62 BRIEF in opposition to MOTION to Dismiss for Lack of Subject Matter Jurisdiction #54 by Attorney Ali I. Haque on behalf of Plaintiff Nationwide Life and Annuity Insurance Company.(Haque, Ali) |
| Filing 61 BRIEF in opposition to MOTION to Dismiss for Lack of Subject Matter Jurisdiction #54 by Attorney David A. Domina on behalf of Defendant Roger Weigel.(Domina, David) |
| Filing 60 INDEX in opposition to MOTION to Dismiss for Lack of Subject Matter Jurisdiction #54 by Attorney David A. Domina on behalf of Defendant Roger Weigel. (Attachments: #1 Exhibit Profit Corporation Annual Report, #2 Exhibit WY Secretary of State Filing Information, #3 Exhibit Natorna County Assessor Property Search, #4 Exhibit SITZ Bull Sale Report, #5 Exhibit Ingals' 10th Supp'l RRPOD)(Domina, David) |
| Filing 59 Certificate regarding MOTION to Dismiss for Lack of Subject Matter Jurisdiction #54 by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls.(Davison, Alexander) |
Filing 58
TEXT ORDER granting #57 Motion to Extend. On or before July 24, 2023, Nationwide shall file its response to the Motion to Dismiss #54 filed by Defendant Dan Ingalls.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 57 UNOPPOSED MOTION to Extend [Plaintiff Nationwide Life and Annuity Ins. Co.'s Unopposed Motion for Extension of Time to Respond to Defendant Dan Ingalls' Motion to Dismiss] MOTION to Dismiss for Lack of Subject Matter Jurisdiction #54 by Attorney Ali I. Haque on behalf of Plaintiff Nationwide Life and Annuity Insurance Company. (Attachments: #1 Text of Proposed Order)(Haque, Ali) |
| Filing 56 INDEX in support of MOTION to Dismiss for Lack of Subject Matter Jurisdiction #54 by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Affidavit of Dan E. Ingalls)(Davison, Alexander) |
| Filing 55 BRIEF in support of MOTION to Dismiss for Lack of Subject Matter Jurisdiction #54 by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls.(Davison, Alexander) |
| Filing 54 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls.(Davison, Alexander) |
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Filing 53
TEXT ORDER As agreed by the parties, all discovery related to the threshold jurisdictional issues shall be completed on or before March 10, 2023. Motions asking the court to determine the threshold jurisdictional issues shall be filed on or before June 16, 2023. Except for filings and discovery permitted in Filing No. #41 , case progression remains stayed pending further order of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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Filing 52
TEXT ORDER Upon notice from the parties that jurisdictional discovery is ongoing, (as permitted in Filing No. #41 and discussed with the parties on November 16, 2022), IT IS ORDERED: The November 30, 2022 deadline for filing motions asking the court to determine the threshold jurisdictional issues is stayed. On or before January 20, 2023, the parties shall propose an amended deadline by email to zwart@ned.uscourts.gov. Except for filings and discovery permitted in Filing No. #41 , case progression remains stayed pending further order of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 51 RESTRICTED AUDIO FILE (11.2 MB) regarding Discovery Dispute Conference 50 held on 11/16/2022 at 3:30 pm before Magistrate Judge Cheryl R. Zwart. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). (JAB) |
| Filing 50 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl R. Zwart on 11/16/2022. Telephonic Conference held regarding discovery disputes. Findings stated on the record. Court orders audio of hearing restricted to case participants. Appearance for Plaintiff: Ali I. Haque, retained; For Defendants Weigel and Lemmon: David A. Domina, retained; For Defendant Ingalls: Alexander K. Davison, retained. Courtroom Deputy: Jeri A. Bierbower. Reporter: Digital Recorder. Time Start: 3:30 PM; Time Stop: 4:20 PM; Time in Court: 50 Minutes. (JAB) |
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Filing 49
TEXT ORDER SETTING HEARING: A telephone conference is set for November 16, 2022 at 3:30 p.m. before the undersigned magistrate judge to discuss a discovery dispute. The parties shall submit a concise (3 paragraphs or less) summary of the dispute(s) and a copy of the disputed discovery requests to chambers (zwart@ned.uscourts.gov) and opposing counsel 24 hours in advance of the call. The parties shall use the case conferencing instructions assigned to this case to participate. Ordered by Magistrate Judge Cheryl R. Zwart. (TMM)
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| Filing 48 NOTICE of Service by Attorney David A. Domina on behalf of Defendant Estate of Debralee Flynn (Domina, David) |
| Filing 47 ANSWER to Amended Complaint,,, #42 , CROSSCLAIM against Dan E. Ingalls regarding Answer to Amended Complaint,, Crossclaim, #43 filed by Roger Weigel by Roger Weigel(in his capacity as Personal Representative of the Estate of Debralee Flynn), Terri Lemmon (Domina, David) |
| Filing 46 DEMAND for Trial by Jury by Attorney Alexander K. Davison on behalf of Cross Defendants Dan E. Ingalls, Dan E. Ingalls, Cross Claimant Dan E. Ingalls, Defendant Dan E. Ingalls.(Davison, Alexander) |
| Filing 45 Defendant Ingalls' ANSWER to Crossclaim of Defendants Weigel and Lemmon, CROSSCLAIM against Terri Lemmon, Roger Weigel(in his capacity as Personal Representative of the Estate of Debralee Flynn), Roger Weigel(in his individual capacity) by Dan E. Ingalls (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Davison, Alexander) |
| Filing 44 Defendant Ingalls' ANSWER to Amended Complaint,,, #42 by Dan E. Ingalls (Davison, Alexander) |
| Filing 43 ANSWER to Amended Complaint,,, #42 , CROSSCLAIM against Dan E. Ingalls regarding Answer to Complaint,, Counterclaim, #11 filed by Roger Weigel, Terri Lemmon, Answer to Amended Complaint #32 filed by Roger Weigel, Answer to Amended Complaint #31 filed by Dan E. Ingalls by Roger Weigel(in his individual capacity) (Domina, David) |
| Filing 42 AMENDED COMPLAINT Second Amended Complaint against Defendant Dan E. Ingalls, Terri Lemmon, Roger Weigel(in his capacity as Personal Representative of the Estate of Debralee Flynn), Roger Weigel(in his individual capacity), Estate of Debralee Flynn, by Attorney Ali I. Haque on behalf of Nationwide Life and Annuity Insurance Company (Attachments: #1 Exhibit 1 - Contracts to the Insured, Debralee Flynn, #2 Exhibit 2 - July 24, 2020 Confirmation Letters and Beneficiary Change Requests, #3 Exhibit 3 - February 23, 2021 Letter, #4 Exhibit 4 - June 21, 2021 Order, #5 Exhibit 5 - July 8, 2021 Email, #6 Exhibit 6 - July 14, 2021 Letters, #7 Exhibit 7 - July 20, 2021 Email, #8 Exhibit 8 - August 30, 2021 Email)(Haque, Ali) |
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Filing 41
ORDER - IT IS ORDERED: Plaintiff's amended complaint setting forth all grounds for invoking, or potentially invoking, this court's subject matter jurisdiction over this case shall be filed on or before August 16, 2022. Answers or responses to the amended complaint shall be filed on or before August 30, 2022. The parties may commence jurisdictional discovery to determine if this court has subject matter jurisdiction over this case and personal jurisdiction over the defendants. Jurisdictional discovery shall be completed on or before October 28, 2022. Motions asking the court to determine the threshold jurisdictional issues shall be filed on or before November 30, 2022. Except as to the filings and discovery permitted under paragraphs 1-4 of this order, case progression is stayed pending further order of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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| Filing 40 TEXT ORDER: The parties did not consent, in writing, to disposition of the case by a magistrate judge. Pursuant to NEGenR.1.4(a)(3)(C)(ii). Case reassigned to Judge John M. Gerrard and Magistrate Judge Cheryl R. Zwart. Ordered by Deputy Clerk. (JES) |
| Filing 39 REPORT of Rule 26(f) Planning Meeting by Attorney David A. Domina on behalf of Defendant Roger Weigel.(Domina, David) |
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Filing 38
TEXT ORDER SETTING HEARING: A Telephone Conference is set for August 11, 2022 at 9:00 a.m. before the undersigned magistrate judge. The parties shall use the conferencing instructions assigned to this case to participate in the call. (Filing No. #36 ). Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 37 Certificate of Service by Attorney David A. Domina on behalf of Cross Defendants Terri Lemmon, Roger Weigel, Defendants Terri Lemmon, Roger Weigel, Counter Claimants Terri Lemmon, Roger Weigel.(Domina, David) |
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Filing 36
RESTRICTED HEARING INSTRUCTIONS AND ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing 35
SCHEDULING ORDER - CONSENT Rule 26 Meeting Report Deadline set for 8/11/2022. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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| Filing 34 DEMAND for Trial by Jury by Attorney Alexander K. Davison on behalf of Cross Claimant Dan E. Ingalls.(Davison, Alexander) |
| Filing 33 CROSSCLAIM with jury demand against Dan E. Ingalls, by Attorney David A. Domina on behalf of Roger Weigel(in his individual capacity)(Domina, David) |
| Filing 32 ANSWER to Amended Complaint,,,, #28 by Roger Weigel(in his individual capacity) (Domina, David) |
| Filing 31 Defendant Ingalls' ANSWER to Amended Complaint,,,, #28 of Plaintiff Nationwide Life and Annuity Insurance Company by Dan E. Ingalls (Davison, Alexander) |
| Filing 30 Defendant Ingalls' ANSWER to Crossclaim of Defendants Weigel and Lemmon, CROSSCLAIM against Terri Lemmon, Roger Weigel(in his capacity as Personal Representative of the Estate of Debralee Flynn), Roger Weigel(in his individual capacity) by Dan E. Ingalls (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Davison, Alexander) |
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Filing 29
TEXT ORDER granting #27 Plaintiff's Unopposed Motion for Leave to File an Amended Complaint. Plaintiff's Amended Complaint has been filed separately of record at Filing No. #28 and is deemed filed instanter. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 28 AMENDED COMPLAINT First Amended Complaint Interpleader against Defendant Dan E. Ingalls, Terri Lemmon, Roger Weigel(in his capacity as Personal Representative of the Estate of Debralee Flynn), Roger Weigel(in his individual capacity), by Attorney Ali I. Haque on behalf of Nationwide Life and Annuity Insurance Company (Attachments: #1 Exhibit 1 - Annuity Contracts, #2 Exhibit 2 - July 24, 2020 Beneficiary Change Confirmation Letters, #3 Exhibit 3 - Annuity Contracts Quarterly Statements, #4 Exhibit 4 - February 23, 2021 Letter From Mr. Cullers, #5 Exhibit 5 - March 25, 2021 Letter to Mr. Cullers, #6 Exhibit 6 - April 29, 2021 Letter to Mr. Cullers, #7 Exhibit 7 - Probate Court Orders, #8 Exhibit 8 - July 8, 2021 Email from Mr. Weigel, #9 Exhibit 9 - July 14, 2021 Letters to Claimants, #10 Exhibit 10 - July 20, 2021 Email from Mr. Ingalls, #11 Exhibit 11 - July 26, 2021 Communications from Mr. Ingalls, #12 Exhibit 12 - August 2 through August 10, 2021 Emails from Mr. Ingalls, #13 Exhibit 13 - August 30, 2021 Email from Mr. Weigel)(Haque, Ali) |
| Filing 27 UNOPPOSED MOTION for Leave to Amend Complaint Instanter by Attorney Ali I. Haque on behalf of Plaintiff Nationwide Life and Annuity Insurance Company. (Attachments: #1 Exhibit 1 - Redline Attachment for Motion for Leave to Amend Complaint)(Haque, Ali) |
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Filing 26
TEXT ORDER granting #25 Motion to Withdraw Document. Filing No. #17 is withdrawn. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 25 NOTICE of regarding MOTION For Order to Deposit Funds #17 Notice of Withdrawal of Motion for Order to Deposit Funds by Attorney Ali I. Haque on behalf of Plaintiff Nationwide Life and Annuity Insurance Company (Haque, Ali) Modified on 5/4/2022 to change event type.(CEW). |
| Filing 24 RESPONSE regarding MOTION For Order to Deposit Funds #17 by Attorney Alexander K. Davison on behalf of Defendant Dan E. Ingalls.(Davison, Alexander) |
| Filing 23 WAIVER OF SERVICE Returned Executed upon defendant Dan E. Ingalls. Waiver sent on 4/11/2022. (Haque, Ali) |
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Filing 22
TEXT ORDER granting #21 Plaintiff's Motion to Strike Filing No. #20 in its entirety. Plaintiff shall refile the executed Waiver of the Service of Summons as to Dan E. Ingalls. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 21 MOTION to Strike Waiver of Service Executed #20 by Attorney Ali I. Haque on behalf of Plaintiff Nationwide Life and Annuity Insurance Company.(Haque, Ali) |
| Filing 20 STRICKEN -WAIVER OF SERVICE Returned Executed upon Dan E. Ingalls (Haque, Ali) Modified on 4/14/2022 to strike per Filing No. 22 (CEW). |
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Filing 19
TEXT ORDER granting #18 Dan E. Ingalls' Motion for Extension of Time to File a Responsive Pleading as to the other defendants' cross claim. Dan E. Ingalls shall file an answer or other responsive pleading to the cross claim on or before June 10, 2022. The response deadline as to Plaintiff's Motion to Deposit Funds remains April 20, 2022. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 18 Unopposed MOTION for Extension of Time to File a Responsive Pleading by Attorney Alexander K. Davison on behalf of Counter Defendant Dan E. Ingalls. (JAB) |
| Filing 17 MOTION For Order to Deposit Funds by Attorney Ali I. Haque on behalf of Plaintiff Nationwide Life and Annuity Insurance Company.(Haque, Ali) |
| Filing 16 SUMMONS Returned Executed upon defendant Dan E. Ingalls on 3/19/2022. (Domina, David) |
| Filing 15 Summons Requested as to Dan E. Ingalls regarding Answer to Complaint,, Counterclaim, #11 . (Haque, Ali) |
| Filing 14 Summons Requested as to regarding Answer to Complaint,, Counterclaim, #11 . (Haque, Ali) |
| Filing 13 Summons Issued as to defendant Dan E. Ingalls regarding Answer to Complaint, Counterclaim, #11 . YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JAB) |
| Filing 12 Summons Requested as to Dan E. Ingalls regarding Answer to Complaint,, Counterclaim, #11 . (Domina, David) |
| Filing 11 ANSWER to Complaint with with jury demand , COUNTERCLAIM with jury demand against Dan E. Ingalls regarding Complaint,,,, #1 filed by Nationwide Life and Annuity Insurance Company by Roger Weigel(in his capacity as Personal Representative of the Estate of Debralee Flynn), Terri Lemmon, Roger Weigel(in his individual capacity) (Domina, David) |
| Filing 10 NOTICE of Appearance by Attorney David A. Domina on behalf of Defendants Terri Lemmon, Roger Weigel, Roger Weigel (Domina, David) |
| Filing 9 SUMMONS Returned Executed upon defendant Terri Lemmon on 2/20/2022. (Haque, Ali) |
| Filing 8 SUMMONS Returned Executed upon defendant Roger Weigel(in his individual capacity). (Haque, Ali) |
| Filing 7 SUMMONS Returned Executed upon defendant Roger Weigel(in his capacity as Personal Representative of the Estate of Debralee Flynn) on 2/20/2022. (Haque, Ali) |
| Filing 6 Summons Issued as to defendants Terri Lemmon, Roger Weigel(in his capacity as Personal Representative of the Estate of Debralee Flynn), and Roger Weigel(in his individual capacity) regarding Complaint #1 . YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (JAB) |
| Filing 5 Summons Requested as to Roger Weigel, Personal Representative, Roger Weigel, Individual Capacity, Terri Lemmon regarding Complaint,,,, #1 . (Haque, Ali) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Nationwide Life Insurance Company, Corporate Parent Nationwide Financial Services, Inc., Corporate Parent Nationwide Financial Services, Inc., Corporate Parent Nationwide Corporation, Corporate Parent Nationwide Corporation for Nationwide Life and Annuity Insurance Company. by Attorney Ali I. Haque on behalf of Plaintiffs Nationwide Life and Annuity Insurance Company, Nationwide Life Insurance Company, Nationwide Financial Services, Inc., Nationwide Financial Services, Inc., Nationwide Corporation, Nationwide Corporation.(Haque, Ali) |
| Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Nationwide Life and Annuity Insurance Company. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(CS) |
| Filing 2 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) |
| Filing 1 COMPLAINT Interpleader against Dan Ingalls, Terri Lemmon, Roger Weigel ( Filing fee $ 402, receipt number ANEDC-4576127), by Attorney Ali I. Haque on behalf of Nationwide Life and Annuity Insurance Company (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Annuity Contracts, #3 Exhibit 2 - July 24, 2020 Beneficiary Change Confirmation Letters, #4 Exhibit 3 - Annuity Contracts Quarterly Statements, #5 Exhibit 4 - February 23, 2021 Letter From Mr. Cullers, #6 Exhibit 5 - March 25, 2021 Letter to Mr. Cullers, #7 Exhibit 6 - April 29, 2021 Letter to Mr. Cullers, #8 Exhibit 7 - Probate Court Orders, #9 Exhibit 8 - July 8, 2021 Email from Mr. Weigel, #10 Exhibit 9 - July 14, 2021 Letters to Claimants, #11 Exhibit 10 - July 20, 2021 Email from Mr. Ingalls, #12 Exhibit 11 - July 26, 2021 Communications from Mr. Ingalls, #13 Exhibit 12 - August 2 through August 10, 2021 Emails from Mr. Ingalls, #14 Exhibit 13 - August 30, 2021 Email from Mr. Weigel)(Haque, Ali) |
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