Wilmington Trust v. Mason et al
| Wilmington Trust, N.A. |
| FBL Financial Group, Inc. and Sharyl A. Mason |
| 8:2015cv00296 |
| August 7, 2015 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Thomas D. Thalken |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
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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
75
ORDER that in addition to the distribution referred to in Order 73 , the Clerk of the Court shall distribute any accrued interest to Shellpoint Mortgage Servicing. Such payments shall be made by check payable to "Shellpoint Mortgage Servicing" and delivered c/o Martin S. Frenkel, MADDIN, HAUSER, ROTH, & HELLER, P.C., 28400 Northwestern Highway, 2nd Floor, Southfield, MI 48034. Ordered by Judge John M. Gerrard. (E-mailed to Finance)(ADB)
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Filing
73
ORDER ON DISTRIBUTION OF FUNDS AND DISMISSAL that the Clerk of the Court is ordered to distribute the aforementioned insurance proceeds as follows: a. $71,000.00 by check made payable to "Sharyl A. Mason" and delivered c/o her counse l, Kamron T.M. Hasan, HUSCH BLACKWELL LLP, 13330 California Street, Suite 200, Omaha, NE 68154. b. $37,226.25 by check made payable to "Shellpoint Mortgage Servicing" and delivered c/o Martin S. Frenkel, MADDIN, HAUSER, ROTH, & HELLE R, P.C., 28400 Northwestern Highway, 2nd Floor, Southfield, MI 48034. This matter is dismissed in its entirety, with prejudice, each party to bear its own costs and attorneys' fees. Ordered by Judge John M. Gerrard. (E-mailed to Finance)(LAC)
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Filing
61
ORDER that the Plaintiff's response to Defendant's motion to quash, (Filing No. 60 ), shall be filed on or before February 22, 2017. Pending a ruling on the motion to quash, any response to the subpoena served on non-party FBL Financial Group, Inc., d/b/a Farm Bureau Financial Services ("Farm Bureau") is stayed. The clerk shall serve a copy of this order on Christopher J. Tjaden, Gross, Welch Law Firm, 2120 South 72nd Street, Suite 1500, Omaha Tower, Omaha, NE 68124 (ctjaden@grosswelch.com). Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LAC)
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Filing
40
ORDER - Mason's motion for appointment of counsel (filing 29 at 39) is granted. Mason's motion for leave to proceed in forma pauperis (filing 37 ) is granted. Pursuant to NEGenR 1.7(g), 28 U.S.C. § 1915(e)(1), and the inherent authority of the Court, Kamron T. Hasan and the law firm of Husch Blackwell LLP are appointed to represent Mason: Kamron T. Hasan, Husch Blackwell LLP, 13330 California Street, Suite 200, Omaha, NE 68154, 402-964-5000, The Clerk of the Court shal l provide a copy of this order to the above-named counsel. Counsel shall promptly enter an appearance accepting the Court's appointment. Expenses and attorney fees shall be paid from the Federal Practice Fund under the restrictions set out in NEGenR 1.7(g) and this district's Amended Federal Practice Fund Plan and the Federal Practice Committee Plan (as adopted March 11, 2014). Counsel is particularly directed to Section II(A)(1) (a), Section VI(A)(1), and Attachment A of the A mended Federal Practice Fund Plan, which explain what fees and expenses are authorized and how to seek reimbursement. Mason may file an amended response to the plaintiff's motion for judgment on the pleadings (filing 24 ), or an amended answer, on or before May 2, 2016. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(MKR)
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Filing
35
ORDER - The claims asserted against FBL Financial Group, Inc. are dismissed. The parties shall bear their own costs and fees with respect to those claims. FBL Financial Group, Inc. is terminated as a party to this case. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (MKR)
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Filing
33
ORDER - The parties may object on or before January 29, 2016 to FBL's dismissal as a party to this case. If no parties object, the Court will dismiss FBL as a party to this case without further notice. Ordered by Judge John M. Gerrard. (MKR)
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Filing
31
ORDER granting defendant FBL Financial Group, Inc's 23 Motion for Interpleader. FBL Financial Group, Inc. may deposit the $108,226.25 in its possession that is at issue in this case with the Clerk of the Court pursuant to Federal Rul e of Civil Procedure 67. The Clerk of the Court shall deposit the funds into an interest-bearing account until further order of this Court. Upon being notified that the sum has been so deposited, the Court will dismiss FBL from this matter. Ordered by Judge John M. Gerrard. (Copy mailedto pro se party and to financial)(MKR) Modified on 1/6/2016 to reflect copy given to financial(MKR).
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Filing
27
ORDER granting Sharyl Mason's 26 Motion for Extension of Time. The defendants may respond to Wilmington Trust's Motion for Judgment on the Pleadings 24 on or before January 4, 2016. Wilmington Trust may file its reply, if any, on or before January 14, 2016. Ordered by Judge John M. Gerrard. (MKR)
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Filing
22
ORDER - After conferring with counsel and with pro se defendant, Sharyl A. Mason, Plaintiff Wilmington Trust, N.A.s anticipated motion for judgment on the pleadings (or for summary judgment) shall be filed on or before December 1, 2015. Defendant F BL Financial Group, Inc.s anticipated motion to deposit the insurance funds at issue into the court shall be filed on or before December 1, 2015. Any responses to the motions filed by Wilmington Trust, N.A. and by FBL Financial Group, Inc. shall b e filed within 21 calendar days after the motions are filed. Discovery is stayed pending further order of the court. If any party believes discovery is needed to fully and fairly present or respond to a motion, that party shall promptly file a mo tion to set aside the discovery stay. If this case is not fully resolved on the motions filed by Plaintiff Wilmington Trust, N.A. and Defendant FBL Financial Group, Inc., within 10 days following Judge Gerrards ruling on those motions, any parties who remain in the case following the ruling shall contact the undersigned magistrate judges chambers for a conference and the entry of a case progression schedule. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(MKR)
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Filing
11
ORDER TO SHOW CAUSE - The plaintiff has until the close of business on October 9, 2015, to show cause why this case should not be dismissed against the defendants for failure to prosecute or take some other appropriate action. Show Cause Deadline set for 10/9/2015. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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