Napolitano v. Metropolitan Life Insurance Company et al
| Eva Napolitano |
| Metropolitan Life Insurance Company and Joseph Abdallah Waked |
| Nicholas Napolitano, Angelica Napolitano and Anthony Napolitano |
| 7:2021cv00213 |
| December 10, 2021 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 Notice filed by Metropolitan Life Insurance Company regarding #11 Answer to Complaint (Notice of Removal),,,,, Third Party Complaint,,,,, Counterclaim,,,, Exhibit L - Statutory Demand Request to be attached to DE 11. (Saluta, Gemma) |
Filing 35
ORDER granting #34 Amended Joint MOTION for Extension of Time to File Pleadings and Briefs. Counsel is reminded to reach the entire order for important information and deadlines. Signed by District Judge Louise Wood Flanagan on 2/1/2022. (Collins, S.)
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| Filing 34 Amended Joint MOTION for Extension of Time to File Pleadings and Briefs filed by Metropolitan Life Insurance Company, Joseph Abdallah Waked. (Attachments: #1 Text of Proposed Order Proposed Order) (Williams, Benjamin) Modified on 1/31/2022 to revise docket text. (Collins, S.). |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #34 Amended Joint MOTION for Extension of Time to File Pleadings and Briefs. (Collins, S.) |
| Filing 33 **Amended at #34 ** Joint MOTION for Extension of Time to File Pleadings and Briefs filed by Eva Napolitano. (Attachments: #1 Text of Proposed Order) (Wells, Hayley) Modified on 1/31/2022 (Collins, S.). |
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TEXT ORDER regarding #32 Motion for Extension of Time to File Joint Status Report - This matter is before the court on plaintiff Eva Napolitano and defendants Metropolitan Life Insurance Company and Joseph Abdallah Waked's motion for an extension of time to submit joint report and plan pursuant to Federal Rule of Civil Procedure 26(f). Where plaintiff has filed a motion to remand the proceedings, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motion filed 12/28/2021. Signed by District Judge Louise Wood Flanagan on 1/26/2022. (Tripp, S.)
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| Filing 32 MOTION for Extension of Time to File Joint Status Report filed by Eva Napolitano. (Attachments: #1 Text of Proposed Order) (Wells, Hayley) |
| Filing 31 First MOTION for Extension of Time to File Answer regarding #11 Answer to Complaint (Notice of Removal),,,,, Third Party Complaint,,,,, Counterclaim,,,, filed by Angelica Napolitano, Anthony Napolitano, Nicholas Napolitano. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Enlargement of Time) (Hoose, Randall) |
| Filing 30 Financial Disclosure Statement by Nicholas Napolitano (Hoose, Randall) |
| Filing 29 Financial Disclosure Statement by Angelica Napolitano (Hoose, Randall) |
| Filing 28 Financial Disclosure Statement by Anthony Napolitano (Hoose, Randall) |
| Filing 27 Notice of Appearance filed by Randall Stephen Hoose, Jr on behalf of Angelica Napolitano, Anthony Napolitano, Nicholas Napolitano. (Hoose, Randall) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #32 MOTION for Extension of Time to File Joint Status Report. (Tripp, S.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #31 First MOTION for Extension of Time to File Answer regarding #11 Answer to Complaint (Notice of Removal), Third Party Complaint, Counterclaim. (Tripp, S.) |
| NOTICE OF DEFICIENCY regarding #26 Rule 26(f) Report (joint) - Although this filing is styled as a Joint Rule 26(f) Report, it is actually a request seeking additional time to file the Rule 26(f) Report. Counsel is directed to refile the document as a motion in accordance with this court's motion filing procedures. (Tripp, S.) |
| TEXT ORDER granting the Motion for Extension of Time #31 filed by Third-Party Defendants in Interpleader. For good cause shown, it is ordered that these defendants have up to and including February 14, 2022, within which to answer or otherwise respond to the Third Party Complaint in Interpleader #11 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/25/2022. (Hockaday, A.) |
| Filing 26 *CORRECTED AND REFILED AT #32 * Rule 26(f) Report (joint) filed by Eva Napolitano. (Wells, Hayley) Modified on 1/25/2022 (Tripp, S.). |
| Filing 25 *CORRECTED AND REFILED AT #26 * Rule 26(f) Report (joint) filed by Eva Napolitano. (Wells, Hayley) Modified on 1/24/2022 (Tripp, S.). |
| NOTICE OF DEFICIENCY regarding #25 Rule 26(f) Report (joint). This document is not dated. Counsel shall refile. (Collins, S.) |
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Filing 24
ORDER granting #23 Joint MOTION for Extension of Time to File Pleadings and Briefs, Joint MOTION for Leave to File Consolidated Brief. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 1/11/2022. (Collins, S.)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #23 Joint MOTION for Extension of Time to File Pleadings and BriefsJoint MOTION for Leave to File Consolidated Brief. (Collins, S.) |
| Filing 23 Joint MOTION for Extension of Time to File Pleadings and Briefs, Joint MOTION for Leave to File Consolidated Brief filed by Metropolitan Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Saluta, Gemma) Modified on 1/11/2022 to create docket entry relationships to motions #4 and #18 . (Collins, S.). |
| Filing 22 Affidavit of Service for Third-Party Interpleader Complaint filed by Metropolitan Life Insurance Company served on Angelica Napolitano, Nicholas Napolitano, Jennifer Hinze as Guardian for Nicholas Napolitano and Anthony Napolitano on 1/3/2022. (Attachments: #1 Exhibit Angelica Napolitano Acknowledgement, #2 Exhibit Nicholas Napolitano Acknowledgement, #3 Exhibit Jennifer Hinze, Guardian Acknowledgement, #4 Exhibit Anthony Napolitano Acknowledgement) (Saluta, Gemma) |
| TEXT ORDER AMENDING the 12/22/2021 Text Order granting Defendant Joseph Abdallah Waked's Motion for Extension of Time #13 to reflect that Defendant Joseph Abdallah Waked has up to and including January 31, 2022, within which to answer or otherwise respond to the Amended Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 12/29/2021. (Hockaday, A.) |
| Filing 21 RESPONSE to Motion regarding #4 MOTION to Dismiss /Drop Waked as Defendant Party filed by Eva Napolitano. (Ellis, A.) |
| Filing 20 Declaration regarding #18 MOTION to Remand , #19 Memorandum in Support by Eva Napolitano (Attachments: #1 Index of Exhibits, #2 Exhibit A-June 25, 2021 email from Waked, #3 Exhibit B-June 25, 2021 email from Waked's office, #4 Exhibit C-June 29, 2021 email to Waked's office, #5 Exhibit D-June 29, 2021 emails between Waked and his assistant, #6 Exhibit E-July 11, 2021 emails, #7 Exhibit F-September 8, 2021 email from MetLife, #8 Exhibit G-September 30, 2021 email from Waked's office, #9 Exhibit H-October 1, 2021 email, #10 Exhibit I-Letters Administration) (Ellis, A.) |
| Filing 19 Memorandum in Support regarding #18 MOTION to Remand filed by Eva Napolitano. (Ellis, A.) |
| Filing 18 MOTION to Remand filed by Eva Napolitano. (Ellis, A.) |
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Filing 17
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 2/7/22. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 12/28/2021. (Collins, S.)
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| Filing 16 Summons on a Third Party Complaint Issued as to Angelica Napolitano, Anthony Napolitano, Nicholas Napolitano. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Collins, S.) |
| TEXT ORDER granting Defendant Joseph Abdallah Waked's Motion for Extension of Time #13 . For good cause shown, it is ordered that this defendant has up to and including January 31, 2021, within which to answer or otherwise respond to the Amended Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 12/22/2021. (Hockaday, A.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #13 MOTION for Extension of Time to File Answer. (Collins, S.) |
| Filing 15 Notice filed by Metropolitan Life Insurance Company Corrected Third-Party Summonses (DE 11-12, 11-13, 11-14 and 11-15). (Attachments: #1 Summons on a Third Party Complaint, #2 Summons on a Third Party Complaint, #3 Summons on a Third Party Complaint) (Saluta, Gemma) |
| Filing 14 Financial Disclosure Statement by Joseph Abdallah Waked (Williams, Benjamin) |
| Filing 13 MOTION for Extension of Time to File Answer #1 Notice of Removal filed by Joseph Abdallah Waked. (Attachments: #1 Text of Proposed Order Proposed Order) (Williams, Benjamin) Modified on 12/22/2021 to create docket entry relationship to DE1 and revise docket text. (Collins, S.). |
| Filing 12 Notice of Appearance filed by Benjamin L. Williams on behalf of Joseph Abdallah Waked. (Williams, Benjamin) |
| NOTICE OF DEFICIENCY regarding #11 Answer to Complaint (Notice of Removal), Third Party Complaint, Counterclaim. The proposed summons for third party defendants is on the wrong form. Counsel shall refile using the "Third Party Summons in a Civil Action" form which can be found on our website. (Collins, S.) |
| 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. (Collins, S.) |
| Notice to Counsel regarding: #11 Answer to Complaint (Notice of Removal), Third Party Complaint, Counterclaim. Exhibits 12-15 Counsel is reminded that pursuant to Section IV.B. of the court's CM/ECF Policies and Procedures Manual 'flattened' versions of fillable documents and forms are required to be filed in order to prevent manipulation of the form's data. No action needed at this time. (Collins, S.) |
| Filing 11 ANSWER to Complaint , THIRD PARTY COMPLAINT IN INTERPLEADER against Nicholas Napolitano, Angelica Napolitano, Anthony Napolitano, COUNTERCLAIM against Eva Napolitano by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit A - True Copy of Policy (redacted), #2 Exhibit B - May 2013 Beneficiary Designation, #3 Exhibit C - May 2013 Beneficiary Confirmation, #4 Exhibit D - October 2014 Beneficiary Designation, #5 Exhibit E - October 2014 Beneficiary Confirmation, #6 Exhibit F -Death Certificate (Pending), #7 Exhibit G - ME Report, #8 Exhibit H - 08.31.2021 Letter, #9 Bakken Exhibit I - Claim Form (Eva), #10 Exhibit J - Claim Form (Angelica), #11 Exhibit K - 10.06.2021 Letters, #12 Summons to Angelica Napolitano, #13 Summons to Anthony Napolitano, #14 Summons to Jennifer Hinze, #15 Summons to Nicholas Napolitano) (Saluta, Gemma) (Attachment 12, 13, 14, and 15 flattened and replaced on 12/22/2021) (Edwards, S.). |
| Filing 10 Notice of Appearance filed by A. Charles Ellis on behalf of Eva Napolitano. (Ellis, A.) |
| Filing 9 Financial Disclosure Statement by Eva Napolitano (Wells, Hayley) |
| Filing 8 Notice of Appearance filed by Hayley Roper Wells on behalf of Eva Napolitano. (Wells, Hayley) |
| Filing 7 Notice of Special Appearance for non-district by Nikole M. Crow on behalf of Metropolitan Life Insurance Company. (Crow, Nikole) |
| Filing 6 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, A. Charles Ellis & Hayley R. Wells of Ward and Smith, P.A. at Post Office Box 33009, Raleigh, NC 27636-3009 and to Counsel for Defendant Joseph Abdallah Waked, Benjamin L. Williams of Gordon Rees Scully Mansukhani, LLP at 421 Fayetteville Street, Suite 330, Raleigh, NC 27601 mailed via US Mail on December 13, 2021. (Rudd, D.) |
| Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| Filing 5 Memorandum in Support regarding #4 MOTION to Dismiss /Drop Waked as Defendant Party filed by Metropolitan Life Insurance Company. (Saluta, Gemma) |
| Filing 4 MOTION to Dismiss /Drop Waked as Defendant Party filed by Metropolitan Life Insurance Company. (Saluta, Gemma) |
| Filing 3 Financial Disclosure Statement by Metropolitan Life Insurance Company (Saluta, Gemma) |
| Filing 2 Notice of Appearance filed by Gemma L. Saluta on behalf of Metropolitan Life Insurance Company. (Saluta, Gemma) |
| Filing 1 NOTICE OF REMOVAL by Metropolitan Life Insurance Company from Brunswick County Superior Court, case number 21 CVS 2061. ( Filing fee $ 402 receipt number 0417-6351870), filed by Metropolitan Life Insurance Company. (Attachments: #1 Exhibit DOI Letter, #2 Exhibit Consent, #3 Exhibit Original cover sheet, #4 Exhibit Original summons to ML, #5 Exhibit Original complaints with exhibits, #6 Exhibit Subpoena DT to Waked, #7 Exhibit Notice of Depo and Subpoena, #8 Exhibit Civil cover for 1st Amd Complaint, #9 Exhibit 1st Amended Complaint, #10 Exhibit Bakken Civil Summons, #11 Exhibit Summons to Waked with 1st Amd Complaint, #12 Exhibit Motion to Compel and Contempt, #13 Exhibit Motion for Leave, #14 Exhibit Notice of Hearing and Cal Req, #15 Exhibit NOA for Williams, #16 Exhibit MET with Order, #17 Exhibit Order, #18 Exhibit State Court Removal filing, #19 Exhibit Civil Cover Sheet, #20 Exhibit Supplemental Removal Coversheet) (Saluta, Gemma) |
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