J.G. Wentworth Originations, LLC et al v. First Symetra National Life Insurance Company of New York et al
| J.G. Wentworth Originations, LLC and Branine Jackson |
| First Symetra National Life Insurance Company of New York and Symetra Assigned Benefits Service Company |
| 1:2023cv03230 |
| April 18, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 2201 dj Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 AFFIDAVIT OF SERVICE of Petition served on Secretary of State (on behalf of Symetra Assigned Benefits Service Company) on 5/16/23. Service was accepted by Sue Zouky, Agent. Document filed by J.G. Wentworth Originations, LLC, Branine Jackson..(Nestor, Michael) |
| Filing 12 AFFIDAVIT OF SERVICE of Petition served on Symetra Assigned Benefits Service Company on 5/15/23. Service was accepted by Ben Wiebe, Site Leader. Document filed by J.G. Wentworth Originations, LLC, Branine Jackson..(Nestor, Michael) |
| Filing 11 AFFIDAVIT OF SERVICE of Petition served on Secretary of State (on behalf of First Symetra National Life Insurance Company of New York) on 5/16/23. Service was accepted by Sue Zouky, Agent. Document filed by J.G. Wentworth Originations, LLC, Branine Jackson..(Nestor, Michael) |
| Filing 10 AFFIDAVIT OF SERVICE of Petition served on First Symetra National Life Insurance Company of New York on 5/15/23. Service was accepted by Ben Wiebe, Site Leader. Document filed by J.G. Wentworth Originations, LLC, Branine Jackson..(Nestor, Michael) |
| Filing 9 AFFIDAVIT OF SERVICE of Petition served on Branine Jackson on 5/15/23. Service was accepted by Branine Jackson. Document filed by J.G. Wentworth Originations, LLC, Branine Jackson..(Nestor, Michael) |
Filing 8
ORDER Accordingly, it is ORDERED that: 1. By June 8, 2023, Petitioners shall file and serve any additional materials with which they intend to support the petition, including a memorandum of law, the compromise order, supporting documents, and any affidavits or declarations attesting that the exhibits are true and correct copies of what they purpose to be; 2. By June 29, 2023, Respondents shall file their opposition papers; and 3. By July 13, 2023, Petitioners shall file and serve their reply, if any. IT IS FURTHER ORDERED that by May 18, 2023, Petitioners shall serve a copy of the petition and this order upon Respondents by personal service on an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service, pursuant to N.Y. C.P.L.R. 311, and upon the secretary of state, pursuant to N.Y. Bus. Corp. Law 306. By June 8, 2023, Petitioners shall file an affidavit of such service. SO ORDERED. (Replies due by 7/13/2023., Responses due by 6/29/2023) (Signed by Judge Analisa Torres on 5/4/2023) (jca)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Francis Nestor. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 4 (Diversity); Cause of Action code 05:8705 Declaratory Judgment - Insurance; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 3 (Federal Question); the Cause of Action code has been modified to 28:2201dj Declaratory Judgment; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Michael Nestor regarding Document No. #6 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The affirmation in support was not refiled. Re-file the Affirmation under Other Answers, Affirmation in support of a non-motion. Refile the Order to Show Cause under Proposed Orders, Proposed Order to Show Cause without emergency relief. (km) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #7 Petition (Other). Filing fee $ 402.00. Pay.gov receipt number ANYSDC-27639035, paid on 4/21/2023. (vf) |
| Filing 7 PETITION REQUESTING USDC APPROVAL IN WRITING FOR STRUCTURED SETTLEMENT TRANSFER IN ACCORDANCE WITH PA. STAT. SECTION 4003(A)(5)(I) & (II) AND 26 U.S.C. 5891(A)..Document filed by J.G. Wentworth Originations, LLC, Branine Jackson..(Nestor, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Francis Nestor to RE-FILE Document No. #5 Petition (Other). The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The ECF Filing event/title entered in ECF does not correspond to the attached document title. Re-file the pleading using the event type Petition Other found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 5/1/2023. (vf) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by J.G. Wentworth Originations, LLC, Branine Jackson..(Nestor, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 4/28/2023 (km). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - PETITION REQUESTING USDC APPROVAL IN WRITING FOR STRUCTURED SETTLEMENT TRANSFER IN ACCORDANCE WITH PA. STAT. SECTION 4003(A)(5)(I) & (II) AND 26 U.S.C. 5891(A)..Document filed by J.G. Wentworth Originations, LLC, Branine Jackson..(Nestor, Michael) Modified on 4/26/2023 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Francis Nestor to RE-FILE Document No. #2 Petition (Other). The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. Re-file the pleading using the event type Petition Other found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 5/1/2023. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Michael Nestor to RE-FILE Document No. #4 Affirmation,, #3 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The case number is not listed on the documents. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. Refile the Affirmation under Other Answers, Affirmation in support of a non-motion. (km) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Michael F. Nestor, Esq. re: #1 Civil Cover Sheet, #2 Petition (Other), #3 Proposed Order to Show Cause Without Emergency Relief, . Document filed by J.G. Wentworth Originations, LLC, Branine Jackson. (Attachments: #1 Exhibit A - Compromise Order, #2 Exhibit B - Affidavit of Branine Jackson, #3 Exhibit C - PA Transfer Application, #4 Exhibit D - PA Structured Settlement Protection Act, #5 Exhibit E - Proposed Order).(Nestor, Michael) Modified on 4/24/2023 (km). |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by J.G. Wentworth Originations, LLC, Branine Jackson. Related Document Number: #2 ..(Nestor, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 4/24/2023 (km). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - PETITION REQUESTING USDC APPROVAL IN WRITING FOR STRUCTURED SETTLEMENT TRANSFER IN ACCORDANCE WITH PA. STAT. SECTION 4003(A)(5)(I) & (II) AND 26 U.S.C. 5891(A)..Document filed by J.G. Wentworth Originations, LLC, Branine Jackson.(Nestor, Michael) Modified on 4/24/2023 (vf). |
| Filing 1 CIVIL COVER SHEET filed..(Nestor, Michael) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael Francis Nestor. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Michael Francis Nestor to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 4/24/2023. (vf) |
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