North American Company for Life and Health Insurance v. Ballard et al
| North American Company for Life and Health Insurance |
| Teresa Ballard and Patrick K. Cain |
| 8:2011cv00411 |
| December 6, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Interpleader Action |
| None |
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The following documents for this case are available for you to view or download:
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Filing
83
ORDER - The parties' Stipulation to Dismiss (Filing No. 82 ) is adopted as follows. The Complaint of Interpleader, Answers, and Counterclaims filed herein are dismissed with prejudice, each party to pay its own costs, complete record waived. The Clerk shall disburse a check on the funds deposited in the Court Registry in the amount of Seventy-Eight Thousand One-Hundred Sixty one dollars and 81/100ths ($78,161.81) in principal plus any accrued interest on said amount, less the f ee authorized by NECivR 67, made payable to Patrick K. Cain and Richard J. Henkenius, his attorney, and to mail said funds to Richard J. Henkenius, 209 S. 19th Street, Suite 400, Omaha, NE 68102. The Clerk shall disburse a check on the funds deposit ed in the Court Registry in the amount of Seventy-Eight Thousand One-Hundred Sixty One and 81/100ths ($78,161.81) in principal plus an accrued interest on said amount, less the fee authorized by NECivR 67, made payable to Teresa Ballard, Persona l Representative of the Estate of Evelyn Rose Cain and Thomas J. Lund, her attorney, and to mail said funds to Thomas J. Lund, Fogarty, Lund & Gross, 1904 Farnam Street, Suite 700, Omaha, NE 68102. The Clerk shall disburse the checks as set forth above upon receipt of the tax identification numbers for Richard J. Henkenius and Thomas J, Lund, Fogarty, Lund & Gross. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)(E-mailed to Financial)
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Filing
48
ORDER regarding MOTION for Partial Summary Judgment 43 . The defendant shall have until April 22, 2013, to re-file his summary judgment motion correcting the deficiencies noted in this order and in accordance with the Civil Rules of the Unite d States District Court for the District of Nebraska. Ballard shall have fourteen (14) days after Cain re-files his summary judgment motion to file a response. Cain may have seven (7) days to file a reply to Ballard's response. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
41
ORDER - The parties' Motion to Amend Scheduling Order for Progression of Case (Filing No. 40 ) is granted. The deadlines, including the trial setting, contained in the September 24, 2012, Order Setting Final Schedule for Progression of a Civil Case (Filing No. 30 ) are canceled. The court will hold a telephone planning conference, rather than the Final Pretrial Conference, at 10:00 a.m. on February 22, 2013. Plaintiff's counsel shall initiate the conference with the undersigned magistrate judge and participating counsel. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
25
FINAL DECREE AND JUDGMENT OF INTERPLEADER- Judgment is hereby entered in favor of North American Company for Life and Health Insurance and against Defendants Teresa Ballard, as Personal Representative of the Estate of Evelyn Rose Cain and Patric k K. Cain, on the Complaint of Interpleader. North American Company for Life and Health Insurance is hereby excused from further attendance upon this cause and dismissed with prejudice from this cause with an express finding that, pursuant to R ule 54(b) of the Federal Rules of Civil Procedure, there is no just reason for delaying either the enforcement of appeal of this Order or both. Defendants Teresa Ballard, as Personal Representative of the Estate of Evelyn Rose Cain and Patrick K. Cain, and any person or entity claiming through them, are required to litigate their entitlement to the proceeds of the Policies among themselves and without further involving North American Company for Life and Health Insurance. North Americ an Company for Life and Health Insurance is hereby awarded its attorneys' fees and costs, which it incurred in bringing this Complaint of Interpleader in the amount of $3,000. The Clerk is hereby ordered and directed to draw a check on t he funds on deposit in the Court Registry in the amount of $3,000, principal only, and not to include the payment of any interest, as an award of attorneys fees in connection with the bringing of this action, made payable to "North Americ an Company for Life and Health Insurance," and to mail said funds to its attorney, Jeanne Weaver, HOTZ, WEAVER, FLOOD, BREITREKUTZ & GRANT, 444 Regency Parkway Drive, Suite 310, Omaha, NE 68114. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to Financial)(GJG)
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Filing
14
ORDER TO DEPOSIT ADMITTED LIABILITY - The parties joint motion for leave to deposit (filing number 12 ) is granted. NACOLAH is granted leave to deposit with the Clerk and/or into the Registry of this Court its admitted liability in the amount of O ne Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) plus post-death interest. The Clerk of this Court is hereby, upon entry of this Order, directed to receive said sum, issue its receipt for same, and hold said sum pending further Order of this Court. The Clerk of this Court is directed to deposit the aforesaid sum into an interest-bearing account pursuant to 28 U.S.C. § 2041 and NECivR 67.1. Ordered by Judge Joseph F. Bataillon. (GJG)(Copy to Financial)
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