Matschiner et al v. Lewis et al
| Katherine Matschiner and Kristina Matschiner |
| Alan L. Lewis, Hartford Life and Hartford Life & Accident Insurance |
| 8:2007cv00435 |
| November 13, 2007 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Lancaster |
| Thomas D. Thalken |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1001 E.R.I.S.A. |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
127
MEMORANDUM AND ORDER - Defendant Lewis's motion to dismiss 124 is denied. Pursuant to the mandate of the United States Court of Appeals for the Eighth Circuit, the judgments in favor of plaintiffs (Filing No. 62 & Filing No. 107 ) are vaca ted and the plaintiffs' claims against defendant Hartford Life & Accident Insurance Company are hereby dismissed with prejudice. Status Conference set for 1/26/2011 at 3:30 PM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE be fore Chief Judge Joseph F. Bataillon. A party may participate in this conference telephonically by notifying chambers (402/661-7302) at least 24 hours before the hearing of their wish to do so and the phone number where they can be reached. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
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Filing
106
MEMORANDUM OPINION AND ORDER - The plaintiffs' motion for summary judgment 90 is denied. On its own motion, the court certifies, under Fed. R. Civ. P. 54(b), that its order granting plaintiffs' motion for summary judgment against defenda nt Hartford and awarding a judgment in the amount of $73,200.00 to plaintiffs Katherine and Kristina Matschiner, tobe distributed equally, is a final judgment. In accordance with this Memorandum and Order and Fed. R. Civ. P. 58, a separate fina l judgment in favor of plaintiffs and against Hartford will be entered this date. All proceedings in this action are stayed pending the outcome of defendant Hartford's appeal. Defendant Lewis is ordered not to dispose of the following assets w ithout further order of this court: a 2007 Mazda 6 sedan; a 42" television, a sofa, golf clubs and the funds in Alan Lewis's savings account at Wells Fargo Bank. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)
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Filing
105
ORDER -Plaintiffs Motion to Dismiss Defendant, Hartford Life, Inc. Filing No. 104 is granted. Defendant, Hartford Life, Inc., is hereby dismissed without prejudice. Ordered by Chief Judge Joseph F. Bataillon. (copies mailed) (MKR)
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Filing
94
ORDER - Alan L. Lewis's motion to move the trial date (Filing No. 88 ) is granted as set forth herein. The remaining deadlines contained in the Order Setting Final Schedule for Progression of Case (Filing No. 79 ) are stayed. The pretrial con ference and trial are cancelled. The parties shall have ten (10) working days from the date the court rules on the pending motion for summary judgment (Filing No. 90 ), in which to schedule a telephone planning conference with the court, if necessary. Counsel for the plaintiffs shall contact the chambers of the undersigned magistrate judge within such time period to schedule the telephone planning conference. Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed) (MKR)
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Filing
84
MEMORANDUM AND ORDER granting in part the Plaintiff's 53 Motion for Attorney Fees. Defendant Hartford Life is ordered to pay the plaintiffs a total of $18,497.17 in attorneys fees. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
66
ORDER granting 64 Stipulated Motion to Extend deadline. Hartford shall file a response to Plaintiffs' application for attorneys' fees no later than March 9, 2009. Ordered by Chief Judge Joseph F. Bataillon. (MKR) (Copies mailed)
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Filing
62
MEMORANDUM AND ORDER - Defendants' Motion for Reconsideration 50 is denied. Plaintiffs' Motion for Leave to File a Reply Brief or for Oral Argument 59 is denied as moot. Judgment is entered in the amount of $73,200 in favor of pla intiffs and against Hartford on the plaintiff's claim for benefits under defendant Hartford's ERISA plan. Hartford Life shall distribute the $73,200 equally to both plaintiffs, Katherine and Kristina Matschiner. Ten working days from the date of this order, plaintiffs' counsel shall schedule and initiate a telephone conference with Magistrate Judge Thomas D. Thalken and the parties for the purpose of scheduling the remaining claims in plaintiffs' complaint for trial. Ordered by Chief Judge Joseph F. Bataillon. (JAE, )
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Filing
46
MEMORANDUM AND ORDER Plaintiffs Motion for Summary Judgment, Filing No. 20, is granted. Hartfords administrative decision to distribute RoJane Lewiss proceeds in accordance with the 1991 Designation on file is reversed. Hartford Life and Hartford Li fe & Accident Insurance Companys Motion for Summary Judgment, Filing No. 23 , is denied. Alan Lewiss Motion for Summary Judgment, Filing No. 34, is denied. A hearing is scheduled for January 16, 2009, at 3:00 p.m. before the undersigned in Courtro om No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Counsel for the parties will be given the opportunity to present arguments and evidence regarding the redistribution of Alan Lewiss now divested $73,200 beneficiary interest. Ordered by Chief Judge Joseph F. Bataillon. (MKR) Modified on 1/6/2009 (Copies mailed)(MKR).
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