New York Life Insurance Company v. Hamiel et al
| New York Life Insurance Company |
| Frank R. Bell Funeral Home, Inc., Destiny Hamiel, Desia Hamiel, Nakiya Hamiel and Doreen Hamiel |
| 1:2019cv02227 |
| April 16, 2019 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Peggy Kuo |
| Insurance |
| 28 U.S.C. § 1335 Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 6/25/2019. Attorney Deirdre Ann Connolly appeared on behalf of Plaintiff. Defendants Doreen Hamiel, Nakiya Hamiel, Desia Hamiel and Destiny Hamiel appeared pro se. No appearance for Defendant Frank R. Bell Funeral Home, Inc. The parties indicated that they have agreed, in principle, to pay Defendant Frank R. Bell Funeral Home, Inc. the funeral fees. Once such an agreement is finalized and signed, Plaintiff can make that payment and move for Defendant Frank R. Bell Funeral Home, Inc. to be dismissed from the case. Plaintiff's Motion for Interpleader Deposit has been referred to Magistrate Judge Kuo for a Report & Recommendation, but the parties can consent to Magistrate Judge Jurisdiction for purposes of deciding the Motion. If they wish to do so, they should file the required consent form. Defendant Doreen Hamiel requested that she be provided medical records of the decedent Albert Hamiel; she was advised that she must make such a request directly to his medical providers, as Plaintiff does not have any medical records beyond what Doreen Hamiel herself provided to it. The parties were directed to share any documents and other information related to this case with one another, and to discuss the possibility of settling this case as soon as possible. If they are not successful in reaching an agreement to settle, a status conference, followed immediately by a settlement conference, will be held on August 9, 2019 at 10:00 am before Magistrate Judge Peggy Kuo, in Courtroom 11C South. All parties who have not been dismissed or discharged by then must be present. The pro se Defendants are reminded to keep the Court updated if their addresses change. (Copy of Order mailed to pro se defendants.)(FTR Log #10:41-11:19.) (Riquelme, Claudia) |
| Filing 21 ANSWER to #1 Complaint, by Destiny Hamiel. (Ramesar, Thameera) |
ORDER granting #19 Motion for Extension of Time to Answer. The deadline for pro se defendant Destiny Hamiel to answer or otherwise respond to the complaint is extended to June 18, 2019. Defendant is reminded that she must keep track of time to ensure that she complies with the Court's orders. Ordered by Magistrate Judge Peggy Kuo on 6/12/2019. (Copy of Order mailed to pro se defendant Destiny Hamiel.) (Riquelme, Claudia)
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| Filing 20 ANSWER to #1 Complaint, by Destiny Hamiel. (Ramesar, Thameera) |
| Filing 19 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, by Destiny Hamiel. (Ramesar, Thameera) (Main Document 19 replaced on 6/18/2019) (Ramesar, Thameera). |
| Filing 18 ANSWER to #1 Complaint, by Doreen Hamiel. (Ramesar, Thameera) |
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ORDER: Plaintiff's April 16, 2019 motion #3 for deposit of death benefit and related relief is respectfully referred to Magistrate Judge Kuo for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 6/3/2019. (Valentin, Winnethka)
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ORDER granting #17 Motion for Extension of Time to Answer. The deadline for defendant Doreen Hamiel to answer or otherwise respond to the complaint is extended to June 14, 2019. Ordered by Magistrate Judge Peggy Kuo on 5/28/2019. (Copy of Order mailed to pro se defendant Doreen Hamiel.) (Riquelme, Claudia)
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| Filing 17 Second MOTION for Extension of Time to File Answer by Doreen Hamiel. (Ramesar, Thameera) |
| Filing 16 CERTIFICATE OF SERVICE by New York Life Insurance Company of Text Order granting Motion #8 for Extension of Time to Answer (Connolly, Deirdre) |
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Filing 15
SCHEDULING ORDER: An Initial Conference will be held in this case on June 25, 2019 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel with knowledge and authority for all represented parties must attend. Per diem counsel may not appear without prior permission of the Court. For any party not represented by counsel, that party must attend. The parties are directed to the annexed Initial Conference Order for instructions, and should discuss the attached Proposed Discovery Plan, in advance of the conference. Any request for adjournment of this or any other conference must be made in writing, must notify the opposing parties, and must disclose whether or not all parties consent to the request. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. (Copy of this Order and Judge Kuo's Individual Practice Rules is mailed to pro se defendants and to Ms. Roslyn Riggins Howard.) Ordered by Magistrate Judge Peggy Kuo on 5/21/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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ORDER Regarding the Letter Filed at #14 : Corporate parties may not proceed pro se and must be represented by an attorney. Failure to appear by counsel can result in the entry of a default judgment. Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir.1983). Defendant Frank R. Bell Funeral Home, Inc. must retain counsel and file an answer to the Complaint by June 21, 2019. (Copy of this Order mailed to Ms. Roslyn Riggins Howard.) Ordered by Magistrate Judge Peggy Kuo on 5/21/2019. (Gonzalez-Munoz, Rossana)
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| Filing 13 ANSWER to #1 Complaint, by Desia Hamiel, Nakiya Hamiel. (Lee, Tiffeny) |
| Filing 12 SUMMONS Returned Executed by New York Life Insurance Company. Nakiya Hamiel served on 4/25/2019, answer due 5/16/2019. (Connolly, Deirdre) |
| Filing 11 SUMMONS Returned Executed by New York Life Insurance Company. Destiny Hamiel served on 4/26/2019, answer due 5/17/2019. (Connolly, Deirdre) |
| Filing 10 SUMMONS Returned Executed by New York Life Insurance Company. Desia Hamiel served on 4/26/2019, answer due 5/17/2019. (Connolly, Deirdre) |
| Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint,, if this letter is not a sufficient response by Frank R. Bell Funeral Home, Inc.. (Lee, Tiffeny) |
| Filing 9 SUMMONS Returned Executed by New York Life Insurance Company. Doreen Hamiel served on 4/26/2019, answer due 5/24/2019. (Connolly, Deirdre) |
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ORDER granting #8 Motion for Extension of Time to Answer. The deadline for defendant Doreen Hamiel to answer or otherwise respond to the complaint is extended to May 24, 2019. Plaintiff's counsel is directed to serve pro se defendant with a copy of this Order and file proof of service on the docket. Ordered by Magistrate Judge Peggy Kuo on 5/6/2019. (Riquelme, Claudia)
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| Filing 8 Letter granting Defendant Doreen Hamiel's request for Time to Answer the Complaint filed by New York Life Insurance Company (Connolly, Deirdre) Modified on 5/6/2019 to reflect that this is a motion for extension of time to answer (Riquelme, Claudia). |
| Filing 7 SUMMONS Returned Executed by New York Life Insurance Company. Frank R. Bell Funeral Home, Inc. served on 4/24/2019, answer due 5/15/2019. (Connolly, Deirdre) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 4 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 3 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by New York Life Insurance Company. (Attachments: #1 Proposed Order) (Connolly, Deirdre) |
| Filing 2 Corporate Disclosure Statement by New York Life Insurance Company identifying Corporate Parent New York Life Insurance Company for New York Life Insurance Company. (Connolly, Deirdre) |
| Filing 1 COMPLAINT in Interpleader against All Defendants filing fee $ 400, receipt number ANYEDC-11390395, filed by New York Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Summons as to Doreen Hamiel, #9 Proposed Summons as to Nakiya Hamiel, #10 Proposed Summons as to Desia Hamiel, #11 Proposed Summons as to Destiny Hamiel, #12 Proposed Summons as to Frank R. Bell Funeral Home, Inc., #13 Civil Cover Sheet) (Connolly, Deirdre) |
| Case assigned to Judge LaShann DeArcy Hall and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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