VICOF II TRUST v. ESTATE OF BARBARA LADENHEIM
| VICOF II TRUST |
| ESTATE OF BARBARA LADENHEIM |
| 1:2023cv00935 |
| October 31, 2023 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Reset R and R Deadline re #10 MOTION to Dismiss for Lack of Jurisdiction : Replies due by 1/4/2023. (ab) |
| Filing 13 RESPONSE in Opposition re #11 Memorandum, filed by ESTATE OF BARBARA LADENHEIM, #10 MOTION to Dismiss for Lack of Jurisdiction filed by ESTATE OF BARBARA LADENHEIM filed by VICOF II TRUST. Replies due by 1/2/2024 (Attachments: #1 Exhibit 1 - Intentionally Omitted, #2 Exhibit 2 - Policy Illustration, #3 Exhibit 3 - Medical Information, #4 Exhibit 4 - Trust Agreement, #5 Exhibit 5 - Unsigned Amendment, #6 Exhibit 6 - First Premium Check, #7 Exhibit 7 - Death Certificate, #8 Exhibit 8 - Acknowledgements and Consents Relating to Sale of Beneficial Interest, #9 Exhibit 9 - Death Benefit Check)(ROUSSEAU, JULIUS) |
| Motions Submitted: #12 Joint MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (rw) |
| TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 12/13/23. The motion for extension of time is DENIED as no good cause has been shown. Beyond their own agreement, counsel state no reason why briefs cannot be filed within the usual schedule. Counsels attention is directed to the Standard Order, Doc. #7 at paragraph 9. As a matter of grace and in view of the holidays, the response to the motion to dismiss shall be filed no later than December 18, 2023, and any reply shall be filed no later than January 4, 2024. (rw) Modified on 12/20/2023 to correct the year of reply deadline (rw). |
| Reset R and R Deadline re #10 MOTION to Dismiss for Lack of Jurisdiction : Response to Motion due by 12/18/2023. (ab) |
| Filing 12 Joint MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction by VICOF II TRUST. (Attachments: #1 Text of Proposed Order)(ROUSSEAU, JULIUS) |
| Filing 11 MEMORANDUM filed by Defendant ESTATE OF BARBARA LADENHEIM re #10 MOTION to Dismiss for Lack of Jurisdiction filed by ESTATE OF BARBARA LADENHEIM. (Attachments: #1 Exhibit A - Affidavit of Fleisher, #2 Exhibit B - Transcript of Deposition of M. Fleisher, #3 Exhibit C - Affidavit of S. Lockwood, #4 Exhibit D - Successor Beneficiary Agreement, #5 Exhibit E - Trust Agreement of the Barbara Ladenheim Irrevocable Life Insurance Trust, #6 Exhibit F - Answer, Foster v. Savage, No. N06C-CV-043 (Del. Super. Ct. Nov. 20, 2006) (Trans. ID 12960044), #7 Exhibit G - Jefferson Pilot Life Insurance Application, #8 Exhibit H - Policy Delivery Package, #9 Exhibit I - Jefferson Pilot Policy No. JP5561329 Insuring the Life of B. Ladenheim, #10 Exhibit J - Policy Delivery Receipt, #11 Exhibit K - Amendment to Application for Insurance, #12 Exhibit L - July 20, 2023 Delaware Complaint, #13 Exhibit M - Oct. 10, 2023 Delaware Amended Complaint, #14 Exhibit N - Aug. 31, 2023 Delaware Answer of Viva Capital Trust, #15 Exhibit O - Aug. 31, 2023 Delaware Answer of Wilmington Trust, #16 Exhibit P - Email Correspondence Between Counsel for the Estate and Counsel for Viva Capital Trust, #17 Exhibit Q - Email Correspondence Between Counsel for the Estate and Counsel for Wilmington Trust, #18 Exhibit R - Amended Responses and Objections to Interrogatories, Columbus Life v. Wilmington Tr., No. 2:21-cv-734 (D. Ariz. Jan. 10, 2022), #19 Exhibit S - Oct. 9, 2023 Letter to Hon. Sheldon K. Rennie, #20 Exhibit T - Oct. 10, 2023 Order Granting the Estate Leave to Amend its Complaint, #21 Exhibit U - Confirmation of Payment of Death Benefit Proceeds)(JOYCE, TRAVIS) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by ESTATE OF BARBARA LADENHEIM. Response to Motion due by 12/12/2023 (JOYCE, TRAVIS) |
Filing 9
ORDER TO EXTEND THE WORD LIMIT FOR THE ESTATE'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS. The Estate's motion, Doc. #8 , is GRANTED and the word limit is extended by 300 words. The plaintiffs word limit for the response brief is also so extended, if needed. Signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 11/21/2023. (at)
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| Filing 8 MOTION Extension of Word Limit by ESTATE OF BARBARA LADENHEIM. Response to Motion due by 12/12/2023 (Attachments: #1 Text of Proposed Order)(JOYCE, TRAVIS) |
| Motions Submitted: #8 MOTION Extension of Word Limit to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (rw) |
| Filing 7 STANDARD ORDER for civil cases proceeding before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
| Filing 6 MOTION for Extension of Time to File Answer by ESTATE OF BARBARA LADENHEIM. (Attachments: #1 Text of Proposed Order)(JOYCE, TRAVIS) |
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ORDER granting #6 Motion for Extension of Time to Answer for ESTATE OF BARBARA LADENHEIM. Answer due by 11/21/2023. Signed by John Brubaker, Clerk of Court, on 11/7/2023. (Brubaker, John)
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| Filing 5 Notice of Right to Consent. (Attachments: #1 Consent to jurisdiction) (Lee, Ashley) |
| Case ASSIGNED to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Lee, Ashley) |
| Filing 4 Summons Issued as to ESTATE OF BARBARA LADENHEIM (State Court Documents Originally filed in Guilford County Civil Superior Court, case number 23CVS8252, issued on 9/25/2023 listed as Attachment 1 to the #1 Petition for Removal. (Lee, Ashley) Modified to add state court summons issue date 11/1/2023 (Lee, Ashley). |
| Filing 3 COMPLAINT against ESTATE OF BARBARA LADENHEIM filed by VICOF II TRUST.(State Court Documents Originally filed in Guilford County Civil Superior Court, case number 23CVS8252, listed as Attachment # 1 Exhibit to the #1 Petition for Removal (Lee, Ashley) |
| Filing 2 NOTICE of Attorney Appearance by attorney TRAVIS R. JOYCE on behalf of Defendant Estate of Barbara Ladenheim, by its Personal Representative, Wendy Dector (JOYCE, TRAVIS) |
| Filing 1 PETITION FOR REMOVAL against VICOF II TRUST ( Filing fee $ 402 receipt number ANCMDC-3687372.), filed by Estate of Barbara Ladenheim, by its Personal Representative, Wendy Dector. (Attachments: #1 Exhibit Summons and Complaint)(JOYCE, TRAVIS) |
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| Plaintiff: VICOF II TRUST | |
| Represented By: | JULIUS A. ROUSSEAU, III |
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| Defendant: ESTATE OF BARBARA LADENHEIM | |
| Represented By: | TRAVIS R. JOYCE |
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