New York Life Insurance and Annuity Corporation v. David B. Rooney Successor Trustee Raymond Rooney Trust
Plaintiff: New York Life Insurance and Annuity Corporation
Defendant: David B. Rooney Successor Trustee Raymond Rooney Trust
3Rd Party Plaintiff: Tillie Rooney
3Rd Party Defendant: David B. Rooney
Trustee: Attorney Egidijus Marcinkevicius
Case Number: 1:2009cv01702
Filed: July 23, 2009
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Dan Aaron Polster
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1335
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 23, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2010 Opinion or Order Filing 24 Order granting Joint Motion to Release Funds (Related Doc #23 ). Judge Dan Aaron Polster on 6/23/10.(P,R)
June 22, 2010 Filing 23 Joint Motion for To Release Funds filed by Defendant Tillie Rooney, Trustee Egidijus Marcinkevicius. (Attachments: #1 Probate Court Judgment Entry, #2 Proposed Order)(Fried, Adam)
December 9, 2009 Opinion or Order Filing 22 Order granting Motion to transfer this matter as related to Case No. 2009-ADV-0153365 in the Probate Division of the Cuyahoga County Court of Common Pleas (Related Doc #21 ). Under a separate order, the Court will order that all funds deposited in the Court's registry be transferred to the registry of the Cuyahoga County Court of Common Pleas. Signed by Judge Dan Aaron Polster on 12/9/09.(K,K)
December 9, 2009 Certified docket and order sent via U.S. mail to Probate Division of the Cuyahoga County Court of Common Pleas. Related document #22 . (K,K)
December 7, 2009 Filing 21 Joint Motion for To Transfer Case to State Court filed by David B. Rooney Successor Trustee Raymond Rooney Trust, Tillie Rooney, David B. Rooney Successor Trustee Raymond Rooney Trust, Tillie Rooney, 3rd Pty Defendant David B. Rooney, 3rd Party Plaintiff Tillie Rooney, Cross-Claimant Tillie Rooney. (Fried, Adam)
November 17, 2009 Minutes of proceedings [non-document] before Judge Dan Aaron Polster.Telephone Conference held on 11/17/09. No follow-up scheduled. (P,R)
October 15, 2009 Minutes of proceedings [non-document] before Judge Dan Aaron Polster.Case Management Conference held on 10/15/09. Follow-up Telephone Conference set for 11/17/2009 at 10:00 AM on the Court's bridge line. (P,R)
October 14, 2009 Opinion or Order Order [non-document] granting #20 David Rooney's Motion for Extension of Time until 10/31/09 to respond to cross-claim. Judge Dan Aaron Polster on 10/14/09.(P,R)
October 13, 2009 Filing 20 Motion for extension of time until to and including October 31, 2009 to to move or otherwise respond to the Cross-Claim filed by Defendant, Tillie Rooney filed by Cross Defendant David B. Rooney Successor Trustee Raymond Rooney Trust. Related document(s) #11 . (Sayre, John)
October 8, 2009 Filing 19 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge, filed by David B. Rooney Successor Trustee Raymond Rooney Trust. (Sayre, John)
October 8, 2009 Opinion or Order Filing 18 Order dismissing plaintiff from the case, without prejudice, for permanent injunction, and excusing plaintiff from the October 15, 2009 case management conference and scheduling order. Signed by Judge Dan Aaron Polster on 10/8/2009.(B,B)
October 8, 2009 Filing 17 Reply to response to #15 Motion to dismiss party from the action, with prejudice, for permanent injunction, and to be excused from the October 15 case management conference and scheduling order (Reply in Support of Motion of Plaintiff) filed by New York Life Insurance and Annuity Corporation. (Attachments: #1 Proposed Order)(Bator, Chris)
October 6, 2009 Filing 16 Opposition to #15 Motion to dismiss party from the action, with prejudice, for permanent injunction, and to be excused from the October 15 case management conference and scheduling order filed by Tillie Rooney. (Galvin, Martin)
September 23, 2009 Filing 15 Motion to dismiss party from the action, with prejudice, for permanent injunction, and to be excused from the October 15 case management conference and scheduling order filed by Plaintiff New York Life Insurance and Annuity Corporation. (Attachments: #1 Memorandum in Support, #2 Order Dismissing Plaintiff)(Bator, Chris)
September 22, 2009 Filing 14 Third Party Summons issued for service upon David B. Rooney. (R,N)
September 21, 2009 Filing 13 Case Management Conference Scheduling Order. Case management conference to be held on 10/15/2009 at 9:00 AM at Chambers 18B before Judge Dan Aaron Polster. Judge Dan Aaron Polster on 9/21/09. (P,R)
September 18, 2009 Filing 12 Answer to #9 Complaint, Crossclaim filed by Tillie Rooney. (Galvin, Martin) Modified on 9/23/2009 (R,N).
September 18, 2009 Filing 11 Answer to #1 Complaint for Interpleader, Third party complaint against David B. Rooney, Crossclaim against David B. Rooney Successor Trustee Raymond Rooney Trust filed by Tillie Rooney. (Attachments: #1 Summons)(Galvin, Martin) Modified on 9/23/2009 (R,N).
August 21, 2009 Filing 10 Waiver of Service Returned Executed by New York Life Insurance and Annuity Corporation. Tillie Rooney waiver sent on 7/23/2009, answer due 9/21/2009. filed on behalf of New York Life Insurance and Annuity Corporation (Bator, Chris)
August 20, 2009 Filing 9 Separate Answer to #1 Complaint and, Crossclaim against Tillie Rooney filed by David B. Rooney Successor Trustee Raymond Rooney Trust. (Sayre, John)
August 3, 2009 Filing 8 Waiver of Service Returned Executed by New York Life Insurance and Annuity Corporation. David B. Rooney Successor Trustee Raymond Rooney Trust waiver sent on 7/23/2009, answer due 9/21/2009. filed on behalf of New York Life Insurance and Annuity Corporation (Bator, Chris)
July 30, 2009 Filing 7 Amended Order. It is ORDERED that the Clerk accept and deposit into the registry of the Court the deposit made by Plaintiff in the amount of $260,000.00 plus accrued interest; and futhermore, it is ORDERED that the Clerk promptly invest those funds into a money market savings account through the Court's On-Line Banking System with the Bank of America and deduct a registry fee as a percentage of the income earned on the investment, not to exceed 10% upon closing of the account and prior to any distribution of the funds invested. Judge Dan Aaron Polster on 7/31/09. (E,P)
July 27, 2009 Opinion or Order Filing 6 Order directing clerk to accept and deposit into the registry $260,000.00 (related Doc #4 ). Judge Dan Aaron Polster(C,KA)
July 23, 2009 Filing 5 Magistrate Consent Form issued to counsel. No summons provided, no summons issued. (C,BA)
July 23, 2009 Filing 4 Motion for leave to deposit funds into the registry of the court filed by Plaintiff/Intervenor New York Life and Annuity Corporation. (Bator, Chris)
July 23, 2009 Filing 3 Corporate Disclosure Statement by New York Life and Annuity Corporation identifying Corporate Parent New York Life Insurance Company for New York Life and Annuity Corporation. filed by New York Life and Annuity Corporation. (Bator, Chris)
July 23, 2009 Filing 2 Complaint for Interpleader with exhibits filed by New York Life Insurance and Annuity Corporation. (Attachments: #1 Civil Cover Sheet)(Bator, Chris) Modified on 7/23/2009 (C,BA).
July 23, 2009 Filing 1 Civil Cover Sheet/B> against all defendants. Filing fee $ 350, receipt number 06470000000003658964, filed by New York Life and Annuity Corporation. (Bator, Chris) Modified on 7/23/2009 (C,BA).
July 23, 2009 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,BA)
July 23, 2009 Judge Dan Aaron Polster assigned to case. (C,BA)

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3rd party plaintiff: Tillie Rooney
Represented By: Adam M. Fried
Represented By: Martin T. Galvin
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Defendant: David B. Rooney Successor Trustee Raymond Rooney Trust
Represented By: John D. Sayre
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Plaintiff: New York Life Insurance and Annuity Corporation
Represented By: Gilbert P. Brosky
Represented By: Chris Bator
Represented By: Gregory V. Mersol
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3rd party defendant: David B. Rooney
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Trustee: Attorney Egidijus Marcinkevicius
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