Brown v. Jefferson National Life Insurance Company et al
| James T. Brown, Jr. |
| Protective Life Insurance Company and Jefferson National Life Insurance Company |
| 4:2018cv00197 |
| December 14, 2018 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 16
Order - The court has been advised that the parties have settled all matters in controversy among them. Therefore, this matter is DISMISSED subject to the right of any party to file a motion to reopen the case should settlement not be consummated within 45 days hereof. The parties are directed to file their Stipulation of Dismissal with Prejudice on or before March 15, 2019. As there appears to be no further reason at this time to maintain the file as an open one for statistical purposes, this case is removed from the active docket. Signed by District Judge Louise Wood Flanagan on 1/29/2019. (Collins, S.)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Collins, S.) |
| Filing 15 Memorandum in Support regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jefferson National Life Insurance Company, Protective Life Insurance Company. (Attachments: #1 Affidavit of D. Richard Leiderman, #2 Exhibit A - Check cashed by Celia Faye Styron-Brown) (Marshall, John) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jefferson National Life Insurance Company, Protective Life Insurance Company. (Marshall, John) |
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TEXT ORDER - Where defendants have filed a motion to dismiss #14 , good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order regarding planning and scheduling. Unless a party raises objection to a stay of these activities pending completion of briefing on the motion now at issue, and decision thereon by this court, in filing due within 14 days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendants' motion. Signed by District Judge Louise Wood Flanagan on 1/4/2019. (Collins, S.)
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| Filing 13 Affidavit of Service for Summons and Complaint filed by James T. Brown, Jr served on Jefferson National Life Insurance Company on 12/18/2018. (Attachments: #1 Exhibit A - acceptance, #2 Exhibit B - letter forward) (Collins, Wesley) |
| Filing 12 Financial Disclosure Statement by James T. Brown, Jr (Collins, Wesley) |
| Filing 11 Notice of Appearance filed by Wesley A. Collins on behalf of James T. Brown, Jr. (Collins, Wesley) |
| Notice to Counsel regarding: #10 Notice - other. Pursuant to Section V(E) of the CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text. The clerk's office has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Collins, S.) |
| Filing 10 Notice filed by Jefferson National Life Insurance Company, Protective Life Insurance Company regarding #1 Notice of Removal, Notice of Filing (Carteret County). (Attachments: #1 Exhibit - Defendant's Notice of Removal) (Marshall, John) Modified on 12/21/2018 to label exhibit. (Collins, S.). |
| Notice to Counsel regarding: #6 Notice - Supplemental Removal Cover Sheet. Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. (Edwards, S.) |
| Filing 9 Financial Disclosure Statement by Protective Life Insurance Company identifying Corporate Parent Protective Life Corporation, Corporate Parent The Dai-ichi Life Insurance Company, Limited for Protective Life Insurance Company. (Marshall, John) |
| Filing 8 Financial Disclosure Statement by Jefferson National Life Insurance Company identifying Corporate Parent Nationwide Life Insurance Company, Corporate Parent Nationwide Financial Services, Inc. for Jefferson National Life Insurance Company. (Marshall, John) |
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Filing 7
ORDER granting #4 Motion for Extension of Time to Answer regarding #4 MOTION for Extension of Time to File Answer Jefferson National Life Insurance Company answer due 2/10/2019; Protective Life Insurance Company answer due 1/29/2019.. Signed by Peter A. Moore, Jr., Clerk of Court on 12/19/2018. (Rudd, D.)
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| Filing 6 Notice filed by Jefferson National Life Insurance Company, Protective Life Insurance Company (Supplemental Removal Cover Sheet). (Marshall, John) (Main Document 6 flattened and replaced on 12/20/2018) (Edwards, S.). |
| Filing 5 Notice regarding #1 Notice of Removal - Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's counsel Wesley A. Collins, Harvell and Collins, P.A., 1107 Bridges Street, Morehead City, NC 28557. (Tripp, S.) |
| Filing 4 MOTION for Extension of Time to File Answer filed by Jefferson National Life Insurance Company, Protective Life Insurance Company. (Attachments: #1 Proposed order) (Marshall, John) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event "Notice - Other." Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Tripp, S.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #4 MOTION for Extension of Time to File Answer. (Tripp, S.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Jefferson National Life Insurance Company, Protective Life Insurance Company. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Tripp, S.) |
| Filing 3 Notice filed by Jefferson National Life Insurance Company, Protective Life Insurance Company Civil Cover Sheet. (Marshall, John) |
| Filing 2 Notice of Appearance filed by John Pierce Marshall on behalf of Jefferson National Life Insurance Company, Protective Life Insurance Company. (Marshall, John) |
| Filing 1 NOTICE OF REMOVAL by Protective Life Insurance Company, Jefferson National Life Insurance Company from Carteret County, NC, case number 18-CvS-1151. ( Filing fee $ 400 receipt number 0417-4759433), filed by Protective Life Insurance Company, Jefferson National Life Insurance Company. (Attachments: #1 Exhibit Documents from state court file) (Marshall, John) |
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