Bankers Life and Casualty Company v. Burdette et al
Plaintiff: Bankers Life and Casualty Company
Defendant: Janet Burdette, Jennifer Talavera and Kenneth R. Smith
Case Number: 7:2020cv00044
Filed: March 10, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Richard E Myers
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1335
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2020 Filing 14 Notice of Special Appearance for non-district by Steven K. Huffer on behalf of Bankers Life and Casualty Company. (Huffer, Steven)
April 29, 2020 Filing 13 MOTION to Dismiss Discharge and an Injunction filed by Bankers Life and Casualty Company. (Attachments: #1 Supplement Memo of Law in Support of Motion, #2 Text of Proposed Order) (Harris, Jason)
April 29, 2020 Notice to Counsel regarding: #13 Motion to Dismiss. Counsel is reminded that when filing a Motion to Dismiss and Memorandum in Support they should be filed as separate pleadings. Counsel should first file the Motion to Dismiss pdf using the motion event. Counsel should then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking to the Motion to Dismiss when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. No further action is needed at this time. (Edwards, S.)
April 14, 2020 Filing 12 Waiver of Service Returned Executed filed by Bankers Life and Casualty Company. Kenneth R. Smith waiver sent on 3/10/2020, answer due 5/9/2020. (Harris, Jason)
April 14, 2020 Filing 11 Waiver of Service Returned Executed filed by Bankers Life and Casualty Company. Jennifer Talavera waiver sent on 3/10/2020, answer due 5/9/2020. (Harris, Jason)
April 14, 2020 Filing 10 Waiver of Service Returned Executed filed by Bankers Life and Casualty Company. Janet Burdette waiver sent on 3/10/2020, answer due 5/9/2020. (Harris, Jason)
March 12, 2020 Opinion or Order Filing 9 ORDER granting #4 Motion to Deposit Funds. The disputed Policy Proceeds at issue in this matter in the approximate amount of $77,520.61, plus applicable interest, shall be deposited with the Court. Counsel is reminded to read the order in its entirety for further information. Signed by District Judge Richard E. Myers II on 3/12/2020. Copy sent to the Finance Section in Raleigh via email. (Edwards, S.)
March 11, 2020 Filing 8 Notice of Appearance filed by Melanie A. Huffines on behalf of Bankers Life and Casualty Company. (Huffines, Melanie)
March 11, 2020 Filing 7 Summons Issued as to Janet Burdette, Kenneth R. Smith, Jennifer Talavera. *NOTICE: Counsel shall print the attached summonses and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Edwards, S.)
March 11, 2020 NOTICE TO COUNSEL regarding: #4 Motion to Deposit Funds. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Edwards, S.)
March 11, 2020 Motion Submitted to District Judge Richard E. Myers II regarding #4 MOTION to Deposit Funds . (Edwards, S.)
March 10, 2020 Filing 6 Notice filed by Bankers Life and Casualty Company Proposed Summonses. (Harris, Jason)
March 10, 2020 Filing 5 Memorandum in Support regarding #4 MOTION to Deposit Funds filed by Bankers Life and Casualty Company. (Harris, Jason)
March 10, 2020 Filing 4 MOTION to Deposit Funds filed by Bankers Life and Casualty Company. (Attachments: #1 Proposed Order) (Harris, Jason)
March 10, 2020 Filing 3 Financial Disclosure Statement by Bankers Life and Casualty Company identifying Corporate Parent Conseco Life Insurance Company of Texas, Corporate Parent CDOC, Inc., Corporate Parent CNO Financial Group, Inc. for Bankers Life and Casualty Company. (Harris, Jason)
March 10, 2020 Filing 2 Notice of Appearance filed by Jason R. Harris on behalf of Bankers Life and Casualty Company. (Harris, Jason)
March 10, 2020 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5347339.), filed by Bankers Life and Casualty Company. (Attachments: #1 Index, #2 Exhibit Policy including Application, #3 Exhibit August Change Form and Bankers Life Confirmation, #4 Exhibit February Change Form and Bankers Life Rejection Letter, #5 Exhibit April 30th Order, May 1st Letters of Appointment and Bankers Life Acknowledgement, #6 Exhibit Burdett's Annuity Death Benefit Claim Form, #7 Exhibit Talavera's Annuity Death Benefit Claim Form, #8 Exhibit Smith's Annuity Death Benefit Claim Form, #9 Civil Cover Sheet, #10 Notice of Lawsuit and Request to Waive Service of Summons to Burdette, #11 Waiver of Service of Summons for Burdette, #12 Notice of Lawsuit and Request to Waive Service of Summons to Talavera, #13 Waiver of the Service of Summons for Talavera, #14 Notice of Lawsuit and Request to Waive Service of Summons to Smith, #15 Waiver of Service of Summons for Smith) (Harris, Jason)
March 10, 2020 REMINDER TO COUNSEL regarding #1 Complaint. Pursuant to Judge Myers' Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.)
March 10, 2020 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Edwards, S.)
March 10, 2020 Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)

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Defendant: Janet Burdette
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Defendant: Jennifer Talavera
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Defendant: Kenneth R. Smith
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Plaintiff: Bankers Life and Casualty Company
Represented By: Jason R. Harris
Represented By: Melanie A. Huffines
Represented By: Steven K. Huffer
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