New York Life Insurance and Annuity Corporation v. Davis et al
Plaintiff: New York Life Insurance and Annuity Corporation
Defendant: Joyce Davis, Rebecca Ann Ellison, Donna Kaye Leonard, Vandalyn Diane Rose and Maria Alaina Dirhold
Case Number: 1:2024cv00057
Filed: February 20, 2024
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Interpleader Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2024 Interpleader Deposit Received (28 U.S.C. Section 1335) in the amount of $666,876.24 (llp)
March 21, 2024 TEXT-ONLY ORDER granting #25 MOTION for Extension of Time to Tender Funds Text of Order: ORDER: New York Life Insurance and Annuity Corporation's Motion for Extension of Time to Tender Funds is GRANTED, and the deadline for New York Life Insurance and Annuity Corporation to tender funds pursuant to the Court's March 6, 2024 Order is EXTENDED through and including April 3, 2024. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 3/21/2024. (kkb)
March 21, 2024 TEXT-ONLY ORDER granting #24 Consent MOTION for Extension of Time to Answer re: #1 Complaint. Maria Alaina Dirhold answer due 4/22/2024. Text of Order: ORDER: The Consent Motion for Extension of Time to Respond to Complaint is GRANTED, and the deadline for Maria Dirhold to file an answer or otherwise respond to Plaintiff's Complaint is EXTENDED through and including April 22, 2024. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 3/21/2024. (kkb)
March 20, 2024 Filing 25 MOTION for Extension of Time to Tender Funds by New York Life Insurance and Annuity Corporation. Responses due by 4/3/2024 (Barnes, Chelsea). Motions referred to W. Carleton Metcalf.
March 20, 2024 Filing 24 Consent MOTION for Extension of Time to Answer re: #1 Complaint by Maria Alaina Dirhold. (Cordero, Isaac). Motions referred to W. Carleton Metcalf. Modified to remove Joyce Davis as filer and update text on 3/20/2024 (kby).
March 20, 2024 Filing 23 NOTICE of Appearance by Isaac Andres Cordero on behalf of Joyce Davis, Maria Alaina Dirhold (Cordero, Isaac)
March 14, 2024 Filing 22 WAIVER OF SERVICE Returned Executed by New York Life Insurance and Annuity Corporation. Joyce Davis waiver sent on 2/20/2024, answer due 4/22/2024. (Barnes, Chelsea)
March 12, 2024 Filing 21 WAIVER OF SERVICE Returned Executed by Vandalyn Diane Rose. Vandalyn Diane Rose waiver sent on 2/26/2024, answer due 4/26/2024. (Swanson, Timothy)
March 12, 2024 Filing 20 WAIVER OF SERVICE Returned Executed by Rebecca Ann Ellison. Rebecca Ann Ellison waiver sent on 2/26/2024, answer due 4/26/2024. (Swanson, Timothy)
March 12, 2024 Filing 19 WAIVER OF SERVICE Returned Executed by Donna Kaye Leonard. Donna Kaye Leonard waiver sent on 2/26/2024, answer due 4/26/2024. (Swanson, Timothy)
March 12, 2024 Filing 18 Disclosure Statement of Citizenship of Party or Intervenor by Vandalyn Diane Rose. (Swanson, Timothy)
March 12, 2024 Filing 17 Disclosure Statement of Citizenship of Party or Intervenor by Rebecca Ann Ellison. (Swanson, Timothy)
March 12, 2024 Filing 16 Disclosure Statement of Citizenship of Party or Intervenor by Donna Kaye Leonard. (Swanson, Timothy)
March 12, 2024 Filing 15 NOTICE of Appearance by Timothy D. Swanson on behalf of Rebecca Ann Ellison, Donna Kaye Leonard, Vandalyn Diane Rose (Swanson, Timothy)
March 7, 2024 Filing 14 AFFIDAVIT of Service filed by New York Life Insurance and Annuity Corporation. Maria Alaina Dirhold served on 2/28/2024, answer due 3/20/2024. (Barnes, Chelsea)
March 6, 2024 Opinion or Order Filing 13 ORDER: Plaintiff's #12 Motion for Interpleader Deposit is GRANTED. Plaintiff is DIRECTED to tender funds: Authorized deposit in the amount of $630,334.57, plus applicable interest, to the Clerk of this Court, within fourteen (14) days of the entry of this Order. The Clerk is directed to deposit these funds. Signed by US Magistrate Judge W. Carleton Metcalf on 3/6/2024. (cly)
February 26, 2024 Filing 12 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by New York Life Insurance and Annuity Corporation. Responses due by 3/11/2024 (Barnes, Chelsea). Motions referred to W. Carleton Metcalf.
February 22, 2024 Filing 11 Disclosure Statement of Citizenship of Party or Intervenor by New York Life Insurance and Annuity Corporation. (Barnes, Chelsea)
February 22, 2024 Filing 10 Summons Issued Electronically as to Joyce Davis, Maria Alaina Dirhold, Rebecca Ann Ellison, Donna Kaye Leonard, Vandalyn Diane Rose. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (cly)
February 21, 2024 Case assigned to Chief Judge Martin Reidinger and US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (cly)
February 20, 2024 Filing 9 NOTICE of Proposed Civil Summons- Ellison by New York Life Insurance and Annuity Corporation (Barnes, Chelsea)
February 20, 2024 Filing 8 NOTICE of Proposed Civil Summons- Leonard by New York Life Insurance and Annuity Corporation (Barnes, Chelsea)
February 20, 2024 Filing 7 NOTICE of Proposed Civil Summons- Rose by New York Life Insurance and Annuity Corporation (Barnes, Chelsea)
February 20, 2024 Filing 6 NOTICE of Proposed Civil Summons- Davis by New York Life Insurance and Annuity Corporation (Barnes, Chelsea)
February 20, 2024 Filing 5 NOTICE of Proposed Civil Summons- Dirhold by New York Life Insurance and Annuity Corporation (Barnes, Chelsea)
February 20, 2024 Filing 4 NOTICE of Appearance by Chelsea Kay Barnes on behalf of New York Life Insurance and Annuity Corporation (Barnes, Chelsea)
February 20, 2024 Filing 3 Civil Cover Sheet * by New York Life Insurance and Annuity Corporation. (Barnes, Chelsea) Modified * text on 2/21/2024 (cly).
February 20, 2024 Filing 2 Corporate Disclosure Statement* by New York Life Insurance and Annuity Corporation (Barnes, Chelsea) Modified text* on 3/8/2024 (ejb).
February 20, 2024 Filing 1 COMPLAINT against Joyce Davis, Rebecca Ann Ellison, Donna Kaye Leonard, Vandalyn Diane Rose, Maria Alaina Dirhold ( Filing fee $ 405 receipt number ANCWDC-6409851), filed by New York Life Insurance and Annuity Corporation. (Attachments: #1 Exhibit A to Complaint - Policy, #2 Exhibit B to Complaint - Application, #3 Exhibit C to Complaint - 2017 Beneficiary Change, #4 Exhibit D to Complaint - 2017 Beneficiary Confirmation Letter, #5 Exhibit E to Complaint - 2019 Ownership Transfer Request, #6 Exhibit F to Complaint - 2019 Change of Ownership Confirmation, #7 Exhibit G to Complaint - 2019 Beneficiary Change, #8 Exhibit H to Complaint - 2019 Beneficiary Confirmation Letter, #9 Exhibit I to Complaint - 2021 Beneficiary Change, #10 Exhibit J to Complaint - 2021 Beneficiary Confirmation Letter, #11 Exhibit K to Complaint - Joyce Davis Statement, #12 Exhibit L to Complaint - Letter from Counsel Rep. Joyce - 11/7/23, #13 Exhibit M to Complaint - Letter from Counsel Rep. Beneficiaries 11/15/23)(Barnes, Chelsea) Modified Defendants named from All Defendants to party names and removed duplicative Exhibit text on 2/21/2024 (cly).

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Plaintiff: New York Life Insurance and Annuity Corporation
Represented By: Chelsea Kay Barnes
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Defendant: Joyce Davis
Represented By: Isaac Andres Cordero
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Defendant: Rebecca Ann Ellison
Represented By: Timothy D. Swanson
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Defendant: Donna Kaye Leonard
Represented By: Timothy D. Swanson
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Defendant: Vandalyn Diane Rose
Represented By: Timothy D. Swanson
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Defendant: Maria Alaina Dirhold
Represented By: Isaac Andres Cordero
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