Kusek v. Principal Financial Group
Plaintiff: David Kusek
Defendant: Principal Financial Group
Third Party Defendant: Katie Kloke, Kenzie Kloke, Kyle Kloke, Kelsey Kusek, a minor and The Estate of Karla Kusek
Counter Defendant: David Kusek
Third Party Plaintiff: Principal Financial Group
Counter Claimant: Principal Financial Group
Case Number: 8:2016cv00275
Filed: June 16, 2016
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: John M. Gerrard
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. ยง 1132 E.R.I.S.A.
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 3, 2017 Opinion or Order Filing 46 ORDER - The parties' Stipulation for Entry of Decree of Interpleader (filing 45 ) is granted. Principal Life Insurance Company shall hold all funds maintained in decedent Karla Kusek's 401(k) account until further order of the Court. Princ ipal Life Insurance Company shall produce all documents in connection with the decedent's group universal life insurance policy and all documents concerning and related to the decedent's 401(k) account, including its claim file, on or befor e May 3, 2017. Principal Life Insurance Company shall be discharged from any and all liability, arising out of the decedent's employee welfare benefit plan and the life insurance policy and 401(k) plan described above, as arising out of the dece dent's death. Principal Life Insurance Company is dismissed as a party to this action with prejudice. David Kusek's claims against Principal Life Insurance Company, and Principal Life Insurance Company's claims against the third-party defendants and against David Kusek, are dismissed. Counterclaimants Katie, Kenzie, and Kyle Kloke's counterclaim against counter-defendant David Kusek remains pending. The remaining parties to this case shall litigate their claims and contentions regarding the proceeds from the life insurance policy and 401(k) funds without further involvement of Principal Life Insurance Company. Ordered by Judge John M. Gerrard. (KLF)
February 22, 2017 Opinion or Order Filing 40 ORDER - that the parties' Stipulation for Entry of Decree of Interpleader (filing 37 ) is denied without prejudice. Ordered by Judge John M. Gerrard. (KLF)
December 19, 2016 Opinion or Order Filing 33 ORDER: The parties shall review the undersigned magistrate judges practices posted at Civil Case Management Practices. Counsel for the parties shall confer and, on or before January 18, 2017, they shall jointly file a Form 35 (Rule 26 (f)) Report , a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or m ore of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before January 9, 2017 a party shall contact my chambers at (402) 437-1670, or by email addressed to zwart@ned.uscourts.gov, to arrange a conference call. Rule 26 Meeting Report Deadline set for 1/18/2017. Ordered by Magistrate Judge Cheryl R. Zwart. (KMG)
October 20, 2016 Opinion or Order Filing 28 ORDER granting 23 , Defendant's motion for leave to deposit money into the court. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Finance) (KLF)
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Third party defendant: Katie Kloke
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Third party defendant: Kenzie Kloke
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Third party defendant: Kyle Kloke
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Third party defendant: Kelsey Kusek, a minor
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Third party defendant: The Estate of Karla Kusek
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Counter defendant: David Kusek
Represented By: Arthur R. Langvardt
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Plaintiff: David Kusek
Represented By: Arthur R. Langvardt
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Third party plaintiff: Principal Financial Group
Represented By: Edna S. Kersting
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Counter claimant: Principal Financial Group
Represented By: Edna S. Kersting
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Defendant: Principal Financial Group
Represented By: Edna S. Kersting
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