U S Bank National Association v. PHL Variable Insurance Company
| U S Bank National Association |
| PHL Variable Insurance Company |
| SCOR Global Life Americas Reinsurance Company and Transamerica Life Insurance Company |
| Pacific Life Insurance Company |
| 1:2012cv06811 |
| September 10, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| James C. Francis |
| Colleen McMahon |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
421
DECISION AND ORDER re: 386 MOTION in Limine . filed by U S Bank National Association, 389 MOTION in Limine Nos. 1-6. filed by PHL Variable Insurance Company, 398 MOTION for Judgment on the Pleadings DEFENDA NT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. filed by PHL Variable Insurance Company. For the reasons stated herein: Phoenix's motion for judgment on the pleadings is DENIED; U.S. Bank's first motion in limine is DENIED; U.S. Bank's second motion in limine is GRANTED; U.S. Bank's third motion in limine is DENIED; U.S. Bank's fourth motion in limine is DENIED; U.S. Bank's fifth motion in limine is GRANTED IN PART to the extent that paragraphs III(1), VI, VI(1-3), VI(6), and VII(16) of Foster's report and related testimony are excluded and is otherwise DENIED; U.S. Bank's sixth motion in limine DENIED without prejudice to renewal at trial; U.S. Bank's seventh motion in l imine is GRANTED IN PART and DENIED IN PART as set forth more fully in the opinion; Phoenix's first month in limine is GRANTED IN PART to the extent that Plaintiff's Exhibit #32 is excluded and is otherwise DENIED; Phoenix's secon d motion in limine is GRANTED IN PART to the extent that Plaintiff's Exhibits ##33, 44, 44A, and 71 are excluded and is otherwise DENIED; Phoenix's third motion in limine is DENIED; Phoenix's fourth motion in limine is DENIED; Phoen ix's fifth motion in limine is GRANTED IN PART and DENIED IN PART as set forth more fully in the opinion; Phoenix's sixth motion in limine is DENIED. The Clerk of the Court is directed to remove the motions as Docket ##179, 182 in No. 13 Civ. 1580 and Docket ##386, 389, 398 in No. 12 Civ. 6811 from the court's list of pending motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 6/22/2015) (kgo) Modified on 6/23/2015 (kgo).
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Filing
285
MEMORANDUM AND ORDER denying 253 Motion to Preclude; denying 256 Motion to Compel: For the foregoing reasons, PHL's motion to preclude (Docket no. 253 in 12 Civ. 6811, Docket no. 58 in 13 Civ. 1580) is denied. PHL's motion to compel (Do cket no. 256 in 12 Civ. 6811, Docket no. 61 in 13 Civ. 1580) is denied without prejudice to PHL submitting a letter demonstrating the relevance of the non-privileged information it seeks within three days of the date of this Order. (Signed by Magistrate Judge James C. Francis on 10/3/2013) Copies Mailed By Chambers. (tn) Modified on 10/3/2013 (tn).
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Filing
195
MEMORANDUM AND ORDER granting 182 Motion for Protective Order. Please visit the Court's Website at www.nysd.uscourts.gov for Sealed Records Filing Instructions. For the foregoing reasons, PHL's motion for a protective order (Docket no. 182) is granted. (Signed by Magistrate Judge James C. Francis on 4/22/2013) Copies Mailed By Chambers. (lmb)
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Filing
151
MEMORANDUM AND ORDER granting in part and denying in part 141 Motion to Compel. US Bank's motion to compel (Docket no. 141) is granted in partand denied in part to the extent indicated above. The plaintiffshall respond to US Bank's discovery requests as set forth in thisorder by January 7, 2013. (Signed by Magistrate Judge James C. Francis on 12/10/2012) Copies Mailed By Chambers. (mt)
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Filing
148
MEMORANDUM AND ORDER denying 94 Motion to Quash; denying 98 Motion to Quash; denying 107 Motion for Protective Order. CONCLUSION: For the reasons set forth above, PHL's motion to quash, or in the alternative, for a protective order (Docke t no. 107) is denied. Transamerica's motion to quash (Docket no. 98) and SCOR's motion to quash (Docket no. 94) are each denied upon the condition that US Bank bear the costs of search, collection, and production associated with compliance with the subpoenas. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 11/05/2012) Copies Mailed By Chambers. (ama)
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