United of Omaha Life Insurance Company v. Acass Systems, LLC, et al
| United of Omaha Life Insurance Company |
| BizCapital BIDCO I, LLC, Brian Kruse, Colleen Cass and ACASS Systems, LLC |
| 8:2019cv00234 |
| May 28, 2019 |
| US District Court for the District of Nebraska |
| John M Gerrard |
| Cheryl R Zwart |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1335 |
| None |
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Filing 35
TEXT ORDER that the Clerk of the Court is authorized to accept the plaintiff's deposit of $5,050,402.74 and shall deposit the funds into an interest-bearing account until further order of the Court. Ordered by Chief Judge John M. Gerrard. (DCD)
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| Filing 34 BRIEF in support of MOTION to Dismiss Party United of Omaha Life Insurance Company , to Discharge United of Omaha, and Enjoin Further Actions Against United of Omaha With Prejudice #33 by Attorney Timothy J. Thalken on behalf of Plaintiff United of Omaha Life Insurance Company.(Thalken, Timothy) |
| Filing 33 MOTION to Dismiss Party United of Omaha Life Insurance Company , to Discharge United of Omaha, and Enjoin Further Actions Against United of Omaha With Prejudice by Attorney Timothy J. Thalken on behalf of Plaintiff United of Omaha Life Insurance Company.(Thalken, Timothy) |
| Filing 32 ANSWER to Crossclaim of Brian Kruse by Colleen Cass (Hotz, Edward) |
| Filing 31 ANSWER to Complaint , CROSSCLAIM against ACASS Systems, LLC, BizCapital BIDCO I, LLC, Brian Kruse regarding Complaint, #1 filed by United of Omaha Life Insurance Company by Colleen Cass (Hotz, Edward) |
| Filing 30 Receipt - Interpleader Deposit Received (28 U.S.C. Section 1335) in the amount of $5,050,402.74 regarding Sua Sponte Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335) #28 . (ADB) |
| Filing 29 ANSWER to Complaint , CROSSCLAIM against Colleen Cass regarding Complaint, #1 filed by United of Omaha Life Insurance Company by Brian Kruse (Engler, Timothy) |
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Filing 28
ORDER NUNC PRO TUNC - IT IS ORDERED: The plaintiff's unopposed motion to deposit funds into theregistry of the Court (filing #15 ) is granted. The plaintiff may deposit the funds in its possession that are at issue with the Clerk of the Court pursuant to Fed. R. Civ. P. 67 and 28 U.S.C. 1332(b) & 1335. The Clerk of the Court shall deposit the funds into an interest-bearing account until further order of the Court. Ordered by Chief Judge John M. Gerrard. (1 copy to Finance)(TCL)
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Filing 27
ORDER - IT IS ORDERED: The plaintiff's unopposed motion for Interpleader Deposit (28 U.S.C. Section 1335)(filing #15 ) is granted. The plaintiff may deposit the funds in its possession that are at issue with the Clerk of the Court pursuant to Fed. R. Civ. P. 67. The Clerk of the Court shall deposit the funds into an interest-bearing account until further order of the Court. Ordered by Chief Judge John M. Gerrard. (1 copy to Finance)(TCL) Modified on 7/11/2019 to correct motion event (DKM).
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| Filing 26 BRIEF in support of Order, #18 Defendant BizCapital Bidco, I, LLC's Position Statement Regarding Automatic Stay and Transfer to Bankruptcy Court by Attorney Frederick D. Stehlik on behalf of Defendant BizCapital BIDCO I, LLC.(Stehlik, Frederick) |
| Filing 25 STATEMENT Regarding the Automatic Stay and Referral to the Bankruptcy Court by Attorney Brian S. Kruse on behalf of Defendant Brian Kruse.(Kruse, Brian) |
| Filing 24 NOTICE of Appearance by Attorney Timothy R. Engler on behalf of Defendant Brian Kruse (Engler, Timothy) |
| Filing 23 STATEMENT regarding: Order, #18 by Attorney Edward D. Hotz on behalf of Defendant Colleen Cass.(Hotz, Edward) |
| Filing 22 Defendant BizCapital Bidco I, LLC's ANSWER to Complaint for Interpleader by BizCapital BIDCO I, LLC (Lutz-Priefert, Zachary) |
| Filing 21 BRIEF in support of Order, #18 - Position Statement Regarding Automatic Stay and Transfer to Bankruptcy Court by Attorney Timothy J. Thalken on behalf of Plaintiff United of Omaha Life Insurance Company.(Thalken, Timothy) |
| Filing 20 ATTORNEY LETTER by Clerk that Attorney Amanda M. Forker has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (ADB) |
| Filing 19 ATTORNEY LETTER by Clerk that Attorney Benjamin C. Deaver has not registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (ADB) |
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Filing 18
ORDER that on or before June 28, 2019, each party shall file a notice of its position (including facts and legal authority) on (1) whether this case should be stayed as to ACass Systems, and (2) whether this case should be referred to bankruptcy court. Ordered by Chief Judge John M. Gerrard. (ADB)
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| Filing 17 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant BizCapital BIDCO I, LLC. 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. (KMM) |
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Filing 16
TEXT ORDER granting #14 Defendant Colleen Cass' unopposed Motion for Extension of Time to File a Responsive Pleading. Defendant Cass shall file an Answer or other responsive pleading on or before July 24, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 15 UNOPPOSED MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by Attorney Timothy J. Thalken on behalf of Plaintiff United of Omaha Life Insurance Company.(Thalken, Timothy) Modified on 7/11/2019 to correct event (DKM). |
| Filing 14 MOTION for Extension of Time to File a Responsive Pleading by Attorney Edward D. Hotz on behalf of Defendant Colleen Cass.(Hotz, Edward) |
| Filing 13 NOTICE of Appearance by Attorney Edward D. Hotz on behalf of Defendant Colleen Cass (Hotz, Edward) |
| Filing 12 SUMMONS Returned Executed upon defendant Colleen Cass on 6/1/2019. (Thalken, Timothy) |
| Filing 11 TEXT ORDER granting Application for Refund of Fees Paid Electronically #9 . Filing fee in the amount of $400.00 is refunded to the payor, Timothy Thalken, receipt number ANEDC-3946563. Ordered by Deputy Clerk. (DKM) |
| Filing 10 NOTICE of Appearance by Attorney Frederick D. Stehlik on behalf of Defendant BizCapital BIDCO I, LLC (Stehlik, Frederick) |
| Filing 9 APPLICATION for Refund of filing fee paid electronically by Attorney Timothy J. Thalken on behalf of Plaintiff United of Omaha Life Insurance Company.(Thalken, Timothy) |
| Filing 8 NOTICE of Appearance by Attorney Brian S. Kruse on behalf of Defendant Brian Kruse (Kruse, Brian) |
| Filing 7 WAIVER OF SERVICE Returned Executed upon Chapter 7 bankruptcy trustee defendant Brian Kruse. Waiver sent on 5/29/2019. (Kruse, Brian) |
| Filing 6 Summons Issued as to defendant Colleen Cass. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (ADB) |
| Filing 5 Summons Requested as to Colleen Cass regarding Complaint, #1 . (Thalken, Timothy) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Mutual of Omaha Insurance Company for United of Omaha Life Insurance Company. by Attorney Timothy J. Thalken on behalf of Plaintiffs United of Omaha Life Insurance Company, Mutual of Omaha Insurance Company.(Thalken, Timothy) |
| Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff United of Omaha Life 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.(ADB) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge John M. Gerrard and 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. (ADB) |
| Filing 1 COMPLAINT for Interpleader against All Defendants ( Filing fee $ 400, receipt number ANEDC-3946581), by Attorney Timothy J. Thalken on behalf of United of Omaha Life Insurance Company (Attachments: #1 Exhibit Application, #2 Exhibit Insurance Policy, #3 Exhibit Collateral Assignment, #4 Exhibit Change of Ownership, #5 Exhibit Change of Beneficiary, #6 Exhibit Letter)(Thalken, Timothy) |
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