Aviva Life and Annuity Company v. Republic Bank & Trust et al
| Aviva Life and Annuity Company |
| Mark E Wilson DDS PC, Vivek Khetpal, Randolph R Evans, Randolph Wischnewsky, William E Wolf, Mark E Wilson, Michael C McGinnis, Scott Robertson, Lester B Lewis, James C Slater, Gary A Passons, Zion H Chen, Randolph R Evans MD PC, Michael A Sherman and Thomas Calabrese |
| Republic Bank & Trust |
| Millennium Multiple Employer Welfare Benefit Plan |
| 5:2009cv01113 |
| October 9, 2009 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| XX US, Outside State |
| Stephen P Friot |
| Contract: Other |
| 28 U.S.C. § 1335 |
| Defendant |
Docket Report
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Filing 196
ORDER. This case is ADMINISTRATIVELY CLOSED on the records of this court. All pndg mtns are terminated. As to any matters in the Millennium Chapter 11 proceedings that the Bankruptcy Court determines not to be core proceedings, the Bankruptcy Court is, of course, at liberty to proceed under 28 USC 157(c)(1). Any party to this case may move to reopen this case in the event that (i) the bankruptcy case is dismissed prior to confirmation of a Chapter 11 plan or (ii) the Bankruptcy Court otherwise relinquishes authority over the assets sought to be interpleaded in this case prior to effecting a final disposition with respect thereto. Signed by Honorable Stephen P. Friot on 4/8/11. (llg)
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| Filing 195 ENTRY of Appearance by Doug Skierski on behalf of Millennium Multiple Employer Welfare Benefit Plan (Skierski, Doug) |
| Filing 194 ENTRY of Appearance by Peter A Franklin on behalf of Millennium Multiple Employer Welfare Benefit Plan (Franklin, Peter) |
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Filing 193
ORDER granting #190 Motion to Admit Counsel Pro Hac Vice of Doug Skierski, provided that counsel submits his ECF registration form & files an entry of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 2/15/11. (llg)
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| Filing 192 Receipt for Money Received from Millennium Multiple Employer Welfare Benefit Plan in the amount of $50.00, receipt number OKW500014997 regarding #190 MOTION for Leave to Appear Pro Hac Vice Doug Skierski (kr, ) |
| NOTICE from the Court re #191 Entry of Appearance. This Entry of Appearance is signed by Erin K Lovall and was filed using Erin K Lovall's ECF login & password. If Peter A Franklin wishes to enter an appearance in this case, he is required to do so using his own ECF login & password. (llg) |
| Filing 191 ENTRY of Appearance by Erin K Lovall on behalf of Millennium Multiple Employer Welfare Benefit Plan (Lovall, Erin) |
| Filing 190 MOTION for Leave to Appear Pro Hac Vice Doug Skierski by Millennium Multiple Employer Welfare Benefit Plan. (Schwabe, G) |
| Filing 189 RESPONSE in Opposition re #178 MOTION to Transfer Case TO REFER TO BANKRUPTCY COURT filed by Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 - Proofs of Claim, #2 Exhibit 2 - Order Denying Joint Motion for Approval of Settlement)(Johnston, Keith) |
| Filing 188 REPLY to Response to Motion re #180 JOINT MOTION for Hearing Joint Motion (Millennium and Aviva) To Set Hearing to Determine All Reference Issues Before a Single Court and Delay Hearings on Remand and Abstention IssuesJOINT MOTION for Hearing Joint Motion (Millennium and Aviva) To Set Hearing to Determine All Reference Issues Before a Single Court and Delay Hearings on Remand and Abstention Issues filed by Aviva Life and Annuity Company. (Attachments: #1 Exhibit Exh. 1 Order Denying Joint Motion for Approval of Settlement)(Johnston, Keith) |
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Filing 187
ORDER granting #182 Motion to Appear Pro Hac Vice of Peter A Franklin III, granting #183 Motion to Appear Pro Hac Vice of Erin K Lovall, provided that counsel submit their ECF registration forms & file entries of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 2/2/11. (llg)
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| Filing 186 RESPONSE to Motion re #180 JOINT MOTION for Hearing Joint Motion (Millennium and Aviva) To Set Hearing to Determine All Reference Issues Before a Single Court and Delay Hearings on Remand and Abstention IssuesJOINT MOTION for Hearing Joint Motion (Millennium and Aviva) To Set Hearing to Determine All Reference Issues Before a Single Court and Delay Hearings on Remand and Abstention Issues PLAN PARTICIPANTS' RESPONSE IN OPPOSITION TO JOINT MOTION TO SET HEARINGS TO DETERMINE ALL REFERENCE ISSUES BEFORE A SINGLE COURT AND DELAY HEARINGS ON REMAND AND ABSTENTION ISSUES filed by Thomas Calabrese, Randolph R Evans, Vivek Khetpal, Mark E Wilson DDS PC, Michael C McGinnis, Gary A Passons, Randolph R Evans MD PC, Republic Bank & Trust, Scott Robertson, James C Slater, Mark E Wilson, Randolph Wischnewsky, William E Wolf. (Malesovas, John) |
| Filing 185 Receipt for Money Received from Millennium Multiple Employer Welfare Benefit Plan in the amount of $50.00, receipt number OKW500014770 regarding #182 MOTION for Leave to Appear Pro Hac Vice Peter A. Franklin III (kr, ) |
| Filing 184 Receipt for Money Received from Millennium Multiple Employer Welfare Benefit Plan in the amount of $50., receipt number OKW500014769 regarding #183 MOTION for Leave to Appear Pro Hac Vice Erin K. Lovall (kr, ) |
| Filing 183 MOTION for Leave to Appear Pro Hac Vice Erin K. Lovall by Millennium Multiple Employer Welfare Benefit Plan. (Schwabe, G) |
| Filing 182 MOTION for Leave to Appear Pro Hac Vice Peter A. Franklin III by Millennium Multiple Employer Welfare Benefit Plan. (Schwabe, G) |
| Filing 181 CERTIFICATE OF SERVICE by Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan re #180 JOINT MOTION for Hearing Joint Motion (Millennium and Aviva) To Set Hearing to Determine All Reference Issues Before a Single Court and Delay Hearings on Remand and Abstention IssuesJOINT MOTION for Hearing Joint Motion (Millennium and Aviva) To Set Hearing to Determine All Reference Issues Before a Single Court and Delay Hearings on Remand and Abstention Issues (Schwabe, G) |
| Filing 180 JOINT MOTION for Hearing Joint Motion (Millennium and Aviva) To Set Hearing to Determine All Reference Issues Before a Single Court and Delay Hearings on Remand and Abstention Issues by Millennium Multiple Employer Welfare Benefit Plan. (Schwabe, G) |
| Filing 179 ENTRY of Appearance by Joseph A Friedman on behalf of Aviva Life and Annuity Company (Friedman, Joseph) |
| Filing 178 MOTION to Transfer Case TO REFER TO BANKRUPTCY COURT by Millennium Multiple Employer Welfare Benefit Plan. (Schwabe, G) |
| Filing 177 ENTRY of Appearance by G Blaine Schwabe, III on behalf of Millennium Multiple Employer Welfare Benefit Plan (Schwabe, G) |
| Filing 176 SUGGESTION OF BANKRUPTCY Upon the Record by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Debtor's Petition)(Weinberg, Gregg) |
| Filing 175 REPLY by Plaintiff Aviva Life and Annuity Company re #174 Response to Motion, filed by Aviva Life and Annuity Company. (Skeens, David) |
| Filing 174 RESPONSE to Motion re #172 SECOND MOTION to Supplement Evidence in Support of Defendants' Motion to Dismiss and Defendants' Response to Motion to Enjoin INSURED DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO EXCLUDE #173 filed by Thomas Calabrese, Randolph R Evans, Michael C McGinnis, Randolph R Evans MD PC, Scott Robertson, Mark E Wilson, Randolph Wischnewsky. (Malesovas, John) |
| Filing 173 RESPONSE re #172 SECOND MOTION to Supplement Evidence in Support of Defendants' Motion to Dismiss and Defendants' Response to Motion to Enjoin filed by Aviva Life and Annuity Company. (Skeens, David) |
| Docket Annotation: #172 Second Submission of Supplemental Evidence in Support of Defendants' Motion to Dismiss and Defendants' Response to Motion to Enjoin has been incorrectly docketed as a "motion." It is hereby deemed by the court to be a "supplement." (llg) |
| Filing 172 SECOND MOTION to Supplement Evidence in Support of Defendants' Motion to Dismiss and Defendants' Response to Motion to Enjoin by Thomas Calabrese, Randolph R Evans, Mark E Wilson DDS PC, Michael C McGinnis, Randolph R Evans MD PC, Scott Robertson, Mark E Wilson, Randolph Wischnewsky. (Attachments: #1 Exhibit 2010-05-28 ILIC's Cross-Claim Against Defs MEWBP & RBT, #2 Exhibit American General Cross-Claim)(Malesovas, John) |
| Filing 171 RESPONSE re #170 Supplement,, filed by Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 - Michael McGinnis Deposition Excerpts, #2 Exhibit 2 - Randolph Wischnewsky Deposition Excerpts, #3 Exhibit 3 - Excerpts of Plaintiffs 9th Amended Petition in Young)(Skeens, David) |
| Filing 170 SUPPLEMENT re #168 Response to Motion,,, to Dismiss and Defendants' Response to Motion for Order Compelling Defendants to Interplead by Thomas Calabrese, Randolph R Evans, Mark E Wilson DDS PC, Michael C McGinnis, Randolph R Evans MD PC, Scott Robertson, Mark E Wilson, Randolph Wischnewsky. (Attachments: #1 Exhibit Young and Westfall Discovery Index March - May 2010, #2 Exhibit 2010-04-14 Order P's Partial MSJ, #3 Exhibit Young - Mediation Order, #4 Exhibit Westfall - Mediation Order)(Malesovas, John) |
| Filing 169 REPLY by Plaintiff Aviva Life and Annuity Company re #168 Response to Motion,,, Compelling the Disclaiming Defendants to Interplead All Claims and for Further Alternative Injunctive Relief filed by Aviva Life and Annuity Company. (Vaughan, Michael) |
| Filing 168 RESPONSE to Motion re #162 MOTION for Order Compelling the Disclaiming Defendants to Interplead All Claims Asserted Or Which May be Asserted Against Aviva Life and Annuity Company Affecting the Subject Matter of this Interpleader Action and for Further Alternative Injunctive Relief filed by Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Attachments: #1 Exhibit 1 Transcript of Motions to Dismiss, #2 Exhibit 2 Evans Contributions & Tax Documents, #3 Exhibit 3 Khetpal Passons Wilson & Wolf Contributions & Tax Documents, #4 Exhibit 4 Indy Life Answer in Young v. Millennium Cause No.08 13325)(Malesovas, John) |
| Filing 167 NOTICE (other) by Michael C McGinnis, Scott Robertson, James C Slater, William E Wolf, Vivek Khetpal BY JOHN L. MALESOVAS (Malesovas, John) |
| Filing 166 ANSWER to #160 Answer to Third Party Complaint, Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan, by Aviva Life and Annuity Company.(Johnston, Keith) |
| Filing 165 BRIEF IN SUPPORT re #153 Order,,, Response to Plaintiff's Supplemental Brief Regarding Motions to Dismiss by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Excerpts from March 4-5, 2010 hearing transcript)(Scallet, Edward) |
| Filing 164 BRIEF IN SUPPORT re #163 Brief, Joint Response to Plaintiff's Supplemental Brief Regarding Motions to Dismiss by Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Attachments: #1 Exhibit Transcript Excerpts - March 4-5 Hearing, #2 Exhibit Indy Life Answer to 8th Amended Petition)(Malesovas, John) |
| Filing 163 BRIEF IN SUPPORT re #153 Order,,, by Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 - Factual Timeline of Movants' Claims, #2 Exhibit 2 - Evans Contributions and Premium Payments Chart, #3 Exhibit 3 - Wilson Contributions and Premium Payments Chart, #4 Exhibit 4 - October 23, 2009 letter from Dr. Robertsons counsel, #5 Exhibit 5 - Hearing Excerpts)(Vaughan, Michael) |
| Filing 162 MOTION for Order Compelling the Disclaiming Defendants to Interplead All Claims Asserted Or Which May be Asserted Against Aviva Life and Annuity Company Affecting the Subject Matter of this Interpleader Action and for Further Alternative Injunctive Relief to Protect Aviva Life and Annuity Company From Further Exposure to Dual Liability and/or Multiple Litigation by Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 - Hearing Excerpts, #2 Exhibit 2 - Factual Timeline of the Claims of Disclaimer Defendants, #3 Exhibit 3 - Evans Contributions and Premium Payments Chart, #4 Exhibit 4 - Wilson Contributions and Premium Payments Chart)(Vaughan, Michael) |
| Filing 161 REPLY by Plaintiff Aviva Life and Annuity Company re #155 Response in Opposition to Motion, #138 MOTION to Deposit Funds ; Reply Suggestions in Support of Motion for Leave to Deposit the Intangible Obligations Due Under the Policies Insuring the Lives of the Insured Defendants or Alternatively to Supplement Such with a Surety or Cash Bond, filed by Aviva Life and Annuity Company. (Johnston, Keith) |
| Filing 160 AMENDED ANSWER to #19 Third Party Complaint, AMENDED COUNTERCLAIM against Aviva Life and Annuity Company by Millennium Multiple Employer Welfare Benefit Plan.(Scallet, Edward) |
| Filing 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/4&5/10 before Judge SPF. Court Reporter: Tracy Washbourne, Telephone number 609-5505. Transcript of: Motions to Dismiss Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/9/2010. Redacted Transcript Deadline set for 4/19/2010. Release of Transcript Restriction set for 6/17/2010. (tw, ) |
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Filing 158
ORDER granting #157 Unopposed Motion of the Millennium Multiple Employer Welfare Benefit Plan for Leave to File First Amended Answer and Counterclaim, within 7 days. Signed by Honorable Stephen P. Friot on 3/19/10. (llg)
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| Filing 157 UNOPPOSED MOTION for Leave to file First Amended Answer and Counterclaim by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Proposed First Amended Answer and Counterclaim)(Scallet, Edward) |
| Filing 156 REPLY by Defendants Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Vivek Khetpal re #154 Response Regarding Diversity filed by Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Vivek Khetpal. (Vitullo, Anthony) |
| Filing 155 RESPONSE in Opposition re #138 MOTION to Deposit Funds filed by Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Malesovas, John) |
| Filing 154 RESPONSE re #140 Trial Brief,,,,,, To Oklahoma Insured Defendants' Challenge to Subject Matter Jurisdiction filed by Aviva Life and Annuity Company. (Attachments: #1 Exhibit Cock's Testimony Excerpt)(Skeens, David) |
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Filing 153
ORDER. Plf is DIRECTED to file a supplemental memorandum, by 3/22/10, addressing the question of whether this action can or should be permitted to proceed as an interpleader case as to dfts Thomas Calabrese, Randolph R. Evans, Randolph R Evans MD PC, Vivek Khetpal, Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky & William E Wolf, in light of said dfts' express disclaimer, at the 3/5/10 hrg, of any interest in the insurance policies. Said dfts shall file a joint response to plf's supplemental memorandum by 4/5/10. Any other dfts who wish to file a response to plf's supplemental memorandum may also do so by 4/5/10. Signed by Honorable Stephen P. Friot on 3/8/10. (llg)
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| Filing 152 Minute Entry for proceedings held before Honorable Stephen P. Friot: Motion Hearing held on 3/5/2010 re #57 MOTION to Dismiss filed by Mark E Wilson, Randolph R Evans MD PC, Randolph R Evans, Mark E Wilson DDS PC, #34 MOTION to Dismiss filed by Vivek Khetpal, Michael C McGinnis, James C Slater, #128 AMENDED MOTION to Dismiss filed by William E Wolf, #29 MOTION to Dismiss filed by Thomas Calabrese, Randolph Wischnewsky, Scott Robertson, #91 MOTION to Dismiss filed by Gary A Passons, #75 MOTION to Dismiss Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan filed by Aviva Life and Annuity Company. Ct hears arguments of counsel re mtns to dismiss. Plf's exs 9-16, 24 admitted. Moving dfts exs 73, 74 admitted. Plf granted until 3/12/10 to respond to the diversity argument as to the Okla dfts set forth in #140 Defendants' Trial Brief. Dfts to reply w/i 7 days t/a. Ct hears from counsel for plf as to which dfts are in which cases in which jurisdictions. Ct gives counsel the benefit of its preliminary thoughts re #75 Plaintiff's Motion to Dismiss Millennium's Counterclaim. Ct hears arguments of counsel re same. Ct will not rule from the bench on moving dfts' mtns to dismiss. Ct DISMISSES Cts 5, 6 of Millennium's counterclaim against Aviva, w/14 days to amend. Ct directs exhibits WITHDRAWN. (Court Reporter Tracy Washbourne.) (llg) |
| Filing 151 Minute Entry for proceedings held before Honorable Stephen P. Friot: Motion Hearing held on 3/4/2010 re #57 MOTION to Dismiss filed by Mark E Wilson, Randolph R Evans MD PC, Randolph R Evans, Mark E Wilson DDS PC, #34 MOTION to Dismiss filed by Vivek Khetpal, Michael C McGinnis, James C Slater, #128 AMENDED MOTION to Dismiss filed by William E Wolf, #29 MOTION to Dismiss filed by Thomas Calabrese, Randolph Wischnewsky, Scott Robertson, #91 MOTION to Dismiss filed by Gary A Passons, #75 MOTION to Dismiss Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan filed by Aviva Life and Annuity Company. Ct gives parties benefit of its preliminary thoughts. Ct hears evidence & arguments of counsel. Moving dfts' exs 1, 3, 5, 8, 10-14, 16, 20, 25, 28, 31, 33, 50-52, 56, 57, 69, 70, 76, 78-80, 82-86, 88 admitted. 3rd pty dft Millennium ex 1 admitted. Plf's exs 6, 8, 21 admitted. Ct adjourns to 3/5/10 8:30 AM. (Court Reporter Tracy Washbourne.) (llg) |
| Filing 150 Exhibit List / Witness List Third Amended by Defendants Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Vitullo, Anthony) |
| Filing 149 Exhibit List / Witness List Second Amended by Defendants Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Vitullo, Anthony) |
| Filing 148 ENTRY of Appearance by Michael Burrage on behalf of Vivek Khetpal (Burrage, Michael) |
| Filing 147 Exhibit List / Witness List First Amended by Defendants Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Vitullo, Anthony) |
| Filing 146 Exhibit List / Witness List Regarding Hearings set for March 4, 2010 at 1:30 p.m. by Defendants Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Vitullo, Anthony) |
| Filing 145 ENTRY of Appearance by David A Burrage on behalf of Vivek Khetpal (Burrage, David) |
| Filing 144 TRIAL BRIEF by Plaintiff Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 - Exhibit List)(Vaughan, Michael) |
| Filing 143 ENTRY of Appearance by John L Malesovas on behalf of Michael C McGinnis, Scott Robertson, James C Slater, William E Wolf, Vivek Khetpal (Malesovas, John) |
| Filing 142 ENTRY of Appearance by Anthony L Vitullo on behalf of Michael C McGinnis, Scott Robertson, James C Slater, Vivek Khetpal (Vitullo, Anthony) |
| Filing 141 ENTRY of Appearance by Anthony L Vitullo on behalf of Michael C McGinnis, Scott Robertson, James C Slater, William E Wolf, Vivek Khetpal (Vitullo, Anthony) |
| NOTICE from the Court STRIKING #141 Entry of Appearance as it purports to be an Entry of Appearance of John L. Malesovas, but it was filed using the ECF login & password of Anthony L. Vitullo. If Mr. Malesovas wishes to enter his appearance, he must do so using his own ECF login & password. (llg) |
| Filing 140 TRIAL BRIEF Regarding Hearings Set for March 4, 2010 at 1:30 p.m. by Defendants Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Attachments: #1 Exhibit Exhibit A Texas Scheduling Order, #2 Exhibit Exhibit B Texas Docket Sheet/Index of Activity, #3 Exhibit Exhibit C Cover page of 10/9/09 Wilson Depo, #4 Exhibit Exhibit D Ryan depo excerpts, #5 Exhibit Exhibit E Guardian MSJ in Texas, #6 Exhibit Exhibit F Cress Depo Excerpts, #7 Exhibit Exhibit G Trust Agreement, #8 Exhibit Exhibit H Master Plan 2005, #9 Exhibit Exhibit I Master Plan 2003, #10 Exhibit Exhibit J Guidelines for Claims Administration, #11 Exhibit Exhibit K Forfeiture Letter, #12 Exhibit Exhibit L Void Transaction Correspondence, #13 Exhibit Exhibit M Cocks Memo Forfeit Cancel Policy, #14 Exhibit Exhibit N Cottam Transfer documents, #15 Exhibit Exhibit O Private Letter Ruling, #16 Exhibit Exhibit P Houston Magistrate Decision, #17 Exhibit Exhibit Q Tax Assessments for Evans Wilson Passons Khetpal, #18 Exhibit Exhibit R Ginsburg Order on Erisa, #19 Exhibit Exhibit S Fitzwater Remand Order on Erisa, #20 Exhibit Exhibit T Cocks depo excerpts, #21 Exhibit Exhibit U Barrow Depo excerpts, #22 Exhibit Exhibit V Shumate depo excerpts, #23 Exhibit Exhibit W Bevan depo excerpts, #24 Exhibit Exhibit X Rule 11 Agreement)(Vitullo, Anthony) |
| Filing 139 NOTICE. In the event that this case is not dismissed at the 3/4/10 hrg, the court will, at that hrg, address the matter of scheduling a hrg on #138 Plaintiff's Motion for Leave to Deposit, etc. Counsel should be prepared, at the 3/4/10 hearing to address that scheduling matter. Signed by by Honorable Stephen P. Friot on 3/1/10. (llg) |
| Filing 138 MOTION to Deposit Funds by Aviva Life and Annuity Company. (Attachments: #1 Exhibit Exh 1 - Calabrese Policy, #2 Exhibit Exh 2 - Calabrese Annual Report, #3 Exhibit Exh 3 - Chen Policy, #4 Exhibit Exh 4 - Chen Annual Report, #5 Exhibit Exh 5 - Evans Policy, #6 Exhibit Exh 6 - Evans Annual Report, #7 Exhibit Exh 7 - Khetpal Policy, #8 Exhibit Exh 8 - Khetpal Annual Report, #9 Exhibit Exh 9 - Lewis Policy, #10 Exhibit Exh 10 - Lewis Annual Report, #11 Exhibit Exh 11 - McGinnis Policy, #12 Exhibit Exh 12 - McGinnis Annual Report, #13 Exhibit Exh 13 - Passons Policy, #14 Exhibit Exh 14 - Passons Annual Report, #15 Exhibit Exh 15 - Robertson Policy, #16 Exhibit Exh 16 - Robertson Annual Report, #17 Exhibit Exh 17 - Sherman Policy, #18 Exhibit Exh 18 - Sherman Annual Report, #19 Exhibit Exh 19 - Slater Policy, #20 Exhibit Exh 20 - Slater Annual Report, #21 Exhibit Exh 21 - Wilson Policy, #22 Exhibit Exh 22 - Wilson Annual Report, #23 Exhibit Exh 23 - Wischnewsky Policy, #24 Exhibit Exh 24 - Wischnewsky Annual Report, #25 Exhibit Exh 25 - Wolf Policy (9478), #26 Exhibit Exh 26 - Wolf Policy (4262), #27 Exhibit Exh 27 - Wolf Annual Report (9478), #28 Exhibit Exh 28 - Wolf Annual Report (4262), #29 Exhibit Exh 29 - Affidavit of Marilyn Martin, #30 Exhibit Exh 30 - Affidavit of Thomas Doruska)(Skeens, David) |
| Filing 137 RESPONSE in Opposition re #128 AMENDED MOTION to Dismiss of Defendant Dr. William E. Wolf Pursuant to Rule 12(b)(1) and 12(b)(2), and Adoption of Motions to Dismiss Field by Defendants Passons, and Robertson, Calabrese and Wischnewsky, filed by Aviva Life and Annuity Company. (Johnston, Keith) |
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Filing 136
ORDER Setting Hearing on Motion #29 MOTION to Dismiss, #75 MOTION to Dismiss Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan, #34 MOTION to Dismiss, #57 MOTION to Dismiss, #91 MOTION to Dismiss, #128 AMENDED MOTION to Dismiss: Motion Hearing set for 3/4/2010 01:30 PM in Courtroom 305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 2/10/10. (llg)
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Filing 135
ORDER granting #134 Unopposed Motion of Millenium for Extension of Time to File Reply to Plaintiff's Response to #90 Millenium's Motion for Summary Judgment or Partial Summary Judgment, or in the Alternative, for a Preliminary Injunction. Millenium's consolidated reply due w/i 22 days after any ruling by the court denying dfts' mtns to dismiss. Signed by Honorable Stephen P. Friot on 1/22/10. (llg)
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| Filing 134 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #129 Response to Motion by Millennium Multiple Employer Welfare Benefit Plan. (Scallet, Edward) |
| Filing 133 ENTRY of Appearance by Andrew C Banducci on behalf of Millennium Multiple Employer Welfare Benefit Plan (Banducci, Andrew) |
| Filing 132 ENTRY of Appearance by Lars C Golumbic on behalf of Millennium Multiple Employer Welfare Benefit Plan (Golumbic, Lars) |
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Filing 131
ORDER granting #127 Motion for Leave to Withdraw as Counsel for Defendant Dr. James C. Slater. Attorney Michael E Smith terminated. Signed by Honorable Stephen P. Friot on 1/20/10. (llg)
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| Filing 130 REPLY by Counter Defendant Aviva Life and Annuity Company re #113 Response in Opposition to Motion, #75 MOTION to Dismiss Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan filed by Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 Young 8th Amended Petition, #2 Exhibit 2 - Passons Original Complaint, #3 Exhibit 3 White Original Complaint)(Skeens, David) |
| Filing 129 RESPONSE to Motion re #90 MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment, or in the Alternative, For a Preliminary Injunction, Together with Brief in Support filed by Aviva Life and Annuity Company. (Attachments: #1 Exhibit Index, #2 Exhibit 1 (Fifth Amended Petition in the Texas Action), #3 Exhibit 2 (Eighth Amended Petition in the Texas Action), #4 Exhibit 3 (Passons Original Complaint in the Tennessee Action), #5 Exhibit 4 (Documents relating to Policies Nos. [Redacted]9971, [Redacted]3900, [Redacted]5006, [Redacted]3139, [Redacted]8468, [Redacted]1761, [Redacted]2532, [Redacted]3886, [Redacted]4059, [Redacted]0825, [Redacted]4262, [Redacted]9478), #6 Exhibit 5 (Letter to Insured Defendant Jerald White, dated 05/29/03), #7 Exhibit 6 (Plan transfer documents), #8 Exhibit 7 (Republic Bank's Policy Loan Request, dated 04/15/09), #9 Exhibit 8 (Complaint for Interpleader), #10 Exhibit 9 (Answer of Republic Bank), #11 Exhibit 10 (Trust Agreement, dated 02/20/03), #12 Exhibit 11 (Republic Bank's Policy Loan Request, dated 08/27/09), #13 Exhibit 12 (Class Action Complaint in Paul v. Aviva Life (N.D. Ill., Feb. 18, 2009)), #14 Exhibit 13 (Transfer Order, dated August 12, 2009), #15 Exhibit 14 (Transfer Order, dated August 10, 2009), #16 Exhibit 15 (Letter from James Price, dated 10/23/09), #17 Exhibit 16 (Exemplar Policy insuring the life of Insured Defendant Mark Wilson), #18 Exhibit 17 (Millennium's Opposition to Motion for TRO in Jerald White, et al. v. Aviva Life, Chancery Court for Madison County, Tennessee), #19 Exhibit 18 (Millennium's and Jonathan Cock's Opposition to Motion to Appoint Receiver in the Texas Action), #20 Exhibit 19 (Exhibit F attatched to Millennium's and Jonathan Cock's Opposition to Motion for Appointment of Receiver in the Texas Action), #21 Exhibit 20 (Millennium's and Jonathan Cock's First Brief in Opposition to Motion to Appoint Receiver in Texas Action))(Johnston, Keith) |
| Filing 128 AMENDED MOTION to Dismiss by William E Wolf. (Attachments: #1 Exhibit First Amended Complaint and Application for Injunctive Relief filed in Tennessee Court)(Patton, G) |
| Filing 127 MOTION to Withdraw as Attorney for Defendant Dr. James C. Slater by James C Slater. (Smith, Michael) |
| NOTICE from the Court. In light of the filing of #128 AMENDED MOTION to Dismiss of Defendant William E. Wolf (etc.), the court hereby STRIKES AS MOOT #124 MOTION to Dismiss of Defendant Dr. William E. Wolf. (llg) |
| Filing 125 ENTRY of Appearance by Juston R Givens on behalf of Republic Bank & Trust (Givens, Juston) |
| Filing 124 MOTION to Dismiss by William E Wolf. (Patton, G) |
| Filing 123 SURREPLY re #108 Reply,, Surreply to Defendants' Consolidated Reply to Memorandum in Opposition to Motion to Dismiss filed by Aviva Life and Annuity Company. (Vaughan, Michael) |
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Filing 122
ORDER granting #120 Defendants' Motion to Extend Briefing Time. In the event the court denies dfts' mtns to dismiss, the moving dfts shall have until 15 days following the court's ruling on dfts' mtns to dismiss to file their response to #90 Third-Party Defendant The Millennium Multiple Employer Welfare Plan's Motion for Summary Judgment, or, in the Alternative, for a Preliminary Injunction. Signed by Honorable Stephen P. Friot on 1/15/10. (llg)
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| Filing 121 RESPONSE in Opposition re #120 MOTION for Extension of Time filed by Millennium Multiple Employer Welfare Benefit Plan. (Scallet, Edward) |
| Filing 126 Receipt for Money Received from Millennium Multiple Employer Welfare Benefit Plan in the amount of $100.00, receipt number OKW500006761 regarding #119 Order on Motion to Appear Pro Hac Vice for Lars Golumbic and Andrew Banducci. (kr, ) |
| Filing 120 MOTION for Extension of Time by Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Patton, G) |
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Filing 119
ORDER granting #116 Motion for Admission Pro Hac Vice of Lars C. Golumbic; granting #118 Motion for Admission Pro Hac Vice of Andrew Charles Banducci, provided that counsel submit their ECF registration forms & file entries of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 1/13/10. (llg)
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| Filing 118 MOTION for Leave to Appear Pro Hac Vice by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Watts, Philip) |
| NOTICE from the Court STRIKING #117 MOTION for Admission Pro Hac Vice of Andrew Charles Banducci, as the style reflects an incorrect case number. (llg) |
| Filing 117 MOTION for Leave to Appear Pro Hac Vice by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Watts, Philip) |
| Filing 116 MOTION for Leave to Appear Pro Hac Vice by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Watts, Philip) |
| Filing 115 RESPONSE to Motion re #91 MOTION to Dismiss of Gary A. Passons, filed by Aviva Life and Annuity Company. (Johnston, Keith) |
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Filing 114
ORDER granting #112 Plaintiff's Motion for Leave to File Surreply to #108 Consolidated Reply to #85 Aviva Life and Annuity Company's Memorandum in Opposition to #29 , #34 , #57 Motions to Dismiss. Surreply due 1/15/10. Signed by Honorable Stephen P. Friot on 1/8/10. (llg)
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| Filing 113 RESPONSE in Opposition re #75 MOTION to Dismiss Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan filed by Millennium Multiple Employer Welfare Benefit Plan. (Scallet, Edward) |
| Filing 112 MOTION for Leave to File Surreply to Consolidated Reply of Defendants Dr. Michael McGinnis, Dr. Scott Robinson, Thomas Calebrese, Randolf Wischnewsky, Dr. Gary Passions, Dr. Randolp Evans, Randolph R. Evans MD, P.C., Dr. Mark Wilson and Mark E. Wilson, DDS, PC [Doc. No. 108] to Aviva Life and Annuity Company's Consolidated Memorandum in Opposition to Motions to Dismiss [Doc. No. 85], filed by Aviva Life and Annuity Company. (Johnston, Keith) |
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Filing 111
ORDER granting #110 Aviva Life Insurance Company's Unopposed Motion for an Extension of Time to File its Response to #90 Third Party Defendant The Millennium Multiple Employer Welfare Plan's Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment, or in the Alternative, for a Preliminary Injunction. Aviva's response due by 1/18/2010. Signed by Honorable Stephen P. Friot on 1/6/10. (llg)
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| Filing 110 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #90 MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment, or in the Alternative, For a Preliminary Injunction, Together with Brief in Support filed by Aviva Life and Annuity Company. (Attachments: #1 Exhibit Proposed Order)(Johnston, Keith) |
| NOTICE from the Court re #110 Aviva Life and Annuity Company's UNOPPOSED MOTION for Extension of Time to File Its Response to #90 Third-Party Defendant The Millennium Multiple Employer Welfare Plan's MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment, or in the Alternative, For a Preliminary Injunction, Together with Brief in Support. Counsel for Aviva is DIRECTED to forthwith submit the proposed order for said motion in compliance with the court's ECF Policies & Procedures Manual, Section II.G. (llg) |
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Filing 109
ORDER granting #104 Unopposed Motion for Extension of Time to Respond to Complaint for Interpleader. Dft William E Wolf shall file his response to #1 Complaint for Interpleader by 1/18/10. Signed by Honorable Stephen P. Friot on 1/5/10. (llg)
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| Filing 108 REPLY by Defendants Michael C McGinnis, Gary A Passons, Scott Robertson, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC re #85 Memorandum in Opposition filed by Michael C McGinnis, Gary A Passons, Scott Robertson, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC. (Attachments: #1 Exhibit Petition in Young, et al v Millennium Plan, #2 Exhibit Westfall 7th Amended Petition, #3 Exhibit Guardian's CrossClaim for Declaratory Relief, #4 Exhibit Amended Petition in Passons in Tennessee Chancery Court)(Patton, G) |
| Filing 107 REPLY by Defendants James C Slater, Vivek Khetpal re #85 Memorandum in Opposition filed by James C Slater, Vivek Khetpal. (Breathwit, John) |
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Filing 106
ORDER granting #101 Unopposed Application Motion for Leave to File Reply Brief in Excess of Ten Pages. Dfts' reply brief shall not exceed 15 pgs. Signed by Honorable Stephen P. Friot on 1/5/10. (llg)
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| Filing 105 ENTRY of Appearance by Anthony L Vitullo on behalf of William E Wolf (Vitullo, Anthony) |
| Filing 104 UNOPPOSED MOTION for Extension of Time by William E Wolf. (Patton, G) |
| Filing 103 ENTRY of Appearance by G Babette Patton on behalf of William E Wolf (Patton, G) |
| Filing 102 ENTRY of Appearance by John J Breathwit on behalf of William E Wolf (Breathwit, John) |
| Filing 101 UNOPPOSED MOTION for Leave to File Excess Pages by Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Patton, G) |
| Set/Reset Deadlines: William E Wolf answer due 1/18/2010. (llg) |
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Filing 100
ORDER granting #99 Motion for Extension of Time to File Response to #90 Third-Party Defendant The Millennium Multiple Employer Welfare Plan's Motion for Summary Judgment or, in the Alternative for a Preliminary Injunction. Response due 1/15/10. Signed by Honorable Stephen P. Friot on 1/4/10. (llg)
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| Set/Reset Deadlines as to #90 MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment, or in the Alternative, For a Preliminary Injunction, Together with Brief in Support. Response due by 1/15/2010. (llg) |
| Filing 99 MOTION for Extension of Time by Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Patton, G) |
| Filing 98 ENTRY of Appearance by John L Malesovas on behalf of Gary A Passons (Malesovas, John) |
| Filing 97 ENTRY of Appearance by Katherine S Kamen on behalf of Millennium Multiple Employer Welfare Benefit Plan (Kamen, Katherine) |
| Filing 96 ENTRY of Appearance by Edward A Scallet on behalf of Millennium Multiple Employer Welfare Benefit Plan (Scallet, Edward) |
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Filing 95
ORDER granting #94 Unopposed Motion for Extension of Time to File Response to #75 Aviva's MOTION to Dismiss Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan. Response due by 1/8/2010. Signed by Honorable Stephen P. Friot on 12/22/09. (llg)
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| Filing 94 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #75 MOTION to Dismiss Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan by Millennium Multiple Employer Welfare Benefit Plan. (Watts, Philip) |
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Filing 93
ORDER granting #92 Unopposed Motion for Extension of Time to File Reply to #85 Memorandum in Opposition to #29 MOTION to Dismiss of Defendant Dr. Scott Robertson, Thomas Calabrese and Randolf Wischnewsky, #34 MOTION to Dismiss of Defendant Dr. Michael C. McGinnis, Dr. James C. Slater and Dr. Vivek Khetpal, #57 MOTION to Dismiss of Defendants Wilson and Evans. Reply due by 1/5/2010. Signed by Honorable Stephen P. Friot on 12/21/09. (llg)
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| Filing 92 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #85 Memorandum in Opposition by Michael C McGinnis, Gary A Passons, Scott Robertson, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (Patton, G) |
| Filing 91 MOTION to Dismiss by Gary A Passons. (Breathwit, John) |
| Filing 90 MOTION for Summary Judgment or in the Alternative, Partial Summary Judgment, or in the Alternative, For a Preliminary Injunction, Together with Brief in Support by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Affidavit of Jonathan Cocks, #2 Exhibit 1.1 Master Plan, #3 Exhibit 1.2 Trust Agreement, #4 Exhibit 1.3 Contributions and Premiums, #5 Exhibit 1.4 Mutliple Employor Welfare Benefit Plan, #6 Exhibit 1.5 Adoption Agreement, #7 Exhibit 1.6 Notice and Disclosure, #8 Exhibit 1.7 Questions and Answers for Employers, #9 Exhibit 1.8 Adoption Agreement, #10 Exhibit 1.9 Notice and Disclosure, #11 Exhibit 1.10 Gary A. Passsons' Applications, #12 Exhibit 1.11 Participant's Voluntary Election - Gary A. Passons, #13 Exhibit 1.12 Transfer of Ownership - Gary A. Passons, #14 Exhibit 1.13 Life Insurance Illustration for Gary A. Passons, #15 Exhibit 1.14 Adoption Agreement, #16 Exhibit 1.15 Notice and Disclosure, #17 Exhibit 1.16 Application for Life Insurance - Lester B. Lewis, #18 Exhibit 1.17 Trust Transfer Agreement, #19 Exhibit 1.18 Transfer of Ownership, #20 Exhibit 1.19 Life Insurance Policy of Lester Lewis, #21 Exhibit 1.20 Adoption Agreement, #22 Exhibit 1.21 Notice and Disclosure, #23 Exhibit 1.22 Application for Life Insurance of Scott Robertson, #24 Exhibit 1.23 Trust Transfer Agreement, #25 Exhibit 1.24 Life Insurance Policy for Scott Robertson, #26 Exhibit 1.25 Adoption Agreement, #27 Exhibit 1.26 Notice and Disclosure, #28 Exhibit 1.27 Application for Insurance for Mark E. Wilson, #29 Exhibit 1.28 Trust Transfer Agreement, #30 Exhibit 1.29 Life Insurance Policy of Mark E. Wilson, #31 Exhibit 1.30 Adoption Agreement, #32 Exhibit 1.31 Notice and Disclosure, #33 Exhibit 1.32 Application for Life Insurance for Michael C. McGinnis, #34 Exhibit 1.33 Trust Transfer Agreement, #35 Exhibit 1.34 Policy Service Request of Michael C. McGinnis, #36 Exhibit 1.35 Life Insurance Policy of Michael C. McGinnis, #37 Exhibit 1.36 Adoption Agreement, #38 Exhibit 1.37 Notice and Disclosure, #39 Exhibit 1.38 Application for Life Insurance of Thomas J. Calabrese, #40 Exhibit 1.39 Life Insurance Policy of Thomas J. Calabrese, #41 Exhibit 1.40 Adoption Agreement, #42 Exhibit 1.41 Notice and Disclosure, #43 Exhibit 1.42 Application for LIfe Insurance of James C. Slater, #44 Exhibit 1.43 Trust Transfer Agreement, #45 Exhibit 1.44 Life Insurance Policy of James C. Slater, #46 Exhibit 1.45 Adoption Agreement, #47 Exhibit 1.46 Notice and Disclosure, #48 Exhibit 1.47 Life Insurance Application of Vivek Khetpal, #49 Exhibit 1.48 Trust Transfer Agreement, #50 Exhibit 1.49 LIfe Insurance Policy of Vivek Khetpal, #51 Exhibit 1.50 Adoption Agreement of Zion Chen, #52 Exhibit 1.51 Notice and Disclosure, #53 Exhibit 1.52 Insurance Application of Zion H. Chen, #54 Exhibit 1.53 Trust Transfer Agreement, #55 Exhibit 1.54 Life Insurance Policy of Zion H. Chen, #56 Exhibit 1.55 Adoption Agreement of Michael A. Sherman, #57 Exhibit 1.56 Notice and Disclosure, #58 Exhibit 1.57 Application for Life Insurance of Michael A. Sherman, #59 Exhibit 1.58 Transfer of Ownership of Michael A. Sherman, #60 Exhibit 1.59 Reinstatment Application of Michael A. Sherman, #61 Exhibit 1.60 Live Insurance Policy of Michael A. Sherman, #62 Exhibit 1.61 Adoption Agreement of Randolph R. Evans, #63 Exhibit 1.62 Notice and Disclosure, #64 Exhibit 1.63 Application for Life Insurance of Randolph R. Evans, #65 Exhibit 1.64 Trust Transfer Agreement, #66 Exhibit 1.65 Transfer of Ownership of Randolph R. Evans, #67 Exhibit 1.66 Life Insurance Policy of Randolph Evans, #68 Exhibit 1.67 Adoption Agreement of M & C Fence, #69 Exhibit 1.68 Notice and Disclosure, #70 Exhibit 1.69 Application for Life Insurance of Randolf Wischnewsky, #71 Exhibit 1.70 Life Insurance Policy of Randolf Wischnewski, #72 Exhibit 1.71 Adoption Agreement of William E. Wolf, #73 Exhibit 1.72 Notice and Disclosure, #74 Exhibit 1.73 Application for Life Insurance for William Wolf, #75 Exhibit 1.74 Trust Transfer Agreement of William E. Wolf, #76 Exhibit 1.75 Transfer of Ownership of William E. Wolf, #77 Exhibit 1.76 Insurance Policy of William Wolf, #78 Exhibit Affidavit of Kathleen R. Barrow, #79 Exhibit Summary Plan Description of the Millennium Multiple Employer Welfare Benefit Plan)(Watts, Philip) |
| Filing 89 ENTRY of Appearance by G Babette Patton on behalf of Gary A Passons (Patton, G) |
| Filing 88 ENTRY of Appearance by John J Breathwit on behalf of Gary A Passons (Breathwit, John) |
| Filing 87 ENTRY of Appearance by Gregg S Weinberg on behalf of Millennium Multiple Employer Welfare Benefit Plan (Weinberg, Gregg) |
| Filing 86 ENTRY of Appearance by Anthony L Vitullo on behalf of Gary A Passons, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC (Vitullo, Anthony) |
| Filing 85 MEMORANDUM in Opposition re #57 MOTION to Dismiss, #34 MOTION to Dismiss, #29 MOTION to Dismiss filed by Aviva Life and Annuity Company. (Skeens, David) |
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Filing 84
ORDER granting #83 Motion for Leave to File Excess Pages. Signed by Honorable Stephen P. Friot on 12/11/2009. (kr, )
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| Filing 83 UNOPPOSED MOTION for Leave to File Excess Pages by Aviva Life and Annuity Company. (Leffel, Lance) |
| Filing 82 Receipt for Money Received from Millennium Multiple Employer Welfare Benefit Plan in the amount of $50.00, receipt number OKW500006063 regarding #72 Order on Motion to Appear Pro Hac Vice of Gregg Weinberg (njr, ) |
| Filing 81 Receipt for Money Received from Millennium Multiple Employer Welfare Benefit Plan in the amount of $50.00, receipt number OKW500006062 regarding #72 Order on Motion to Appear Pro Hac Vice of Katherine S. Kamen (njr, ) |
| Filing 80 Receipt for Money Received from Millennium Multiple Employer Welfare Benefit Plan in the amount of $50.00, receipt number OKW500006061 regarding #72 Order on Motion to Appear Pro Hac Vice of Edward A. Scallet (njr, ) |
| Filing 79 ANSWER to Complaint by Lester B Lewis.(Wilson, Ryan) |
| Filing 78 ENTRY of Appearance by Drew Neville, Jr on behalf of Lester B Lewis (Neville, Drew) |
| Filing 77 ENTRY of Appearance by Ryan S Wilson on behalf of Lester B Lewis (Wilson, Ryan) |
| Filing 76 Receipt for Money Received from Thomas Calabrese in the amount of $50.00, receipt number OKW500006017 regarding #73 Order on Motion to Appear Pro Hac Vice for Anthony L. Vitullo (kr, ) (Additional attachment(s) added on 12/11/2009: #1 Receipt) (kr, ). Modified on 12/11/2009 (kr, ). |
| Filing 75 MOTION to Dismiss Counterclaim of Third Party Defendant Millennium Multiple Employer Welfare Benefit Plan by Aviva Life and Annuity Company. (Attachments: #1 Exhibit Insurance Policy Excerpt)(Skeens, David) |
| Filing 74 ENTRY of Appearance by John L Malesovas on behalf of Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, Thomas Calabrese, Randolph R Evans, Randolph R Evans MD PC (Malesovas, John) |
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Filing 73
ORDER granting #70 Motion for Admission of Anthony L. Vitullo Pro Hac Vice, provided that Mr. Vitullo submits his ECF registration form & files an entry of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 12/2/09. (llg)
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Filing 72
ORDER granting #67 Motion for Admission Pro Hac Vice of Edward A. Scallet; granting #68 Motion for Admission Pro Hac Vice of Gregg S. Weinberg; granting #69 Motion for Admission Pro Hac Vice of Katherine S. Kamen, provided said attys submit their ECF registration forms & file entries of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 12/2/09. (llg)
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| Filing 71 SUMMONS Returned Executed by Aviva Life and Annuity Company. Lester B Lewis served on 11/1/2009. (Leffel, Lance) |
| Filing 70 MOTION for Leave to Appear Pro Hac Vice by Mark E Wilson, Mark E Wilson DDS PC, Randolph R Evans, Randolph R Evans MD PC. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice of Vitullo)(Patton, G) |
| Filing 69 MOTION for Leave to Appear Pro Hac Vice by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Watts, Philip) |
| Filing 68 MOTION for Leave to Appear Pro Hac Vice by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice)(Watts, Philip) |
| Filing 67 MOTION for Leave to Appear Pro Hac Vice by Millennium Multiple Employer Welfare Benefit Plan. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice, #2 Exhibit Affidavit in Support)(Watts, Philip) |
| NOTICE from the Court re #67 MOTION for Leave to Appear Pro Hac Vice, #68 MOTION for Leave to Appear Pro Hac Vice, #69 MOTION for Leave to Appear Pro Hac Vice, #70 MOTION for Leave to Appear Pro Hac Vice. All counsel are DIRECTED, in future filings, to comply w/LCvR7.1(d) - "For all pleadings, motions, and briefs the print style, including footnotes, shall not be less than 13-point type...." Failure to comply in the future may result in filings being stricken. (llg) |
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Filing 66
ORDER granting #65 Plaintiff's Unopposed Application for Enlargement of Time. Plaintiff's response to #57 Motion to Dismiss filed by Defendants Dr. Randolph R. Evans, Randolph R. Evans, MC, PC, Dr. Mark E. Wilson and Mark E. Wilson, DDS, PC due 12/14/09. Signed by Honorable Stephen P. Friot on 11/30/09. (llg)
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| Filing 65 UNOPPOSED MOTION for Extension of Time by Aviva Life and Annuity Company. (Leffel, Lance) |
| Set/Reset Deadlines as to #57 MOTION to Dismiss. Response due by 12/14/2009. (llg) |
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Filing 64
ORDER granting #61 Plaintiff's Unopposed Application for Enlargement of Time to file responsive pleadings to #29 Motion to Dismiss filed by Defendants Robertson, Calabrese and Wischnewsky, #34 Motion to Dismiss filed by Defendants McGinnis, Slater and Khetpal due 12/14/09. Plaintiff's responses due 12/14/09. Signed by Honorable Stephen P. Friot on 11/24/09. (llg)
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| Filing 61 MOTION for Extension of Time by Aviva Life and Annuity Company. (Leffel, Lance) |
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Filing 60
ORDER granting #59 Defendants Calabrese, Wischnewsky and Robertson's Motion for Admission of David H. Martin and John L. Malesovas Pro Hac Vice, provided that Messrs. Martin & Malesovas submit their ECF registration forms & file entries of appearance, consistent w/LCvR 83.4. Signed by Honorable Stephen P. Friot on 11/24/09. (llg)
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| Set/Reset Deadlines as to #29 MOTION to Dismiss filed by Defendants Robertson, Calabrese and Wischnewsky, #34 MOTION to Dismiss filed by Defendants McGinnis, Slater and Khetpal. Responses due by 12/14/2009. (llg) |
| Filing 63 Receipt for Money Received from Scott Robertson, Randolph Wischnewsky, Thomas Calabrese in the amount of $50.00, receipt number OKW500005769 regarding #60 Order on Motion to Appear Pro Hac Vice, (kr, ) |
| Filing 62 Receipt for Money Received from Scott Robertson, Randolph Wischnewsky, Thomas Calabrese in the amount of $50.00, receipt number OKW500005768 regarding #60 Order on Motion to Appear Pro Hac Vice, (kr, ) |
| NOTICE from the Court re #59 MOTION for Admission of David H. Martin and John L. Malesovas Pro Hac Vice. Counsel is DIRECTED to forth submit a proposed order for said motion, in compliance with the court's ECF Policies & Procedures Manual, Section II.G. (llg) |
| Filing 59 MOTION for Leave to Appear Pro Hac Vice by Mark E Wilson, Mark E Wilson DDS PC, Randolph R Evans, Randolph R Evans MD PC. (Attachments: #1 Exhibit Request for Admission Pro Hac Vice for David H. Martin, #2 Exhibit Request for Pro Hac Vice for John Malesovas)(Patton, G) |
| Filing 58 ENTRY of Appearance by G Babette Patton on behalf of Mark E Wilson, Mark E Wilson DDS PC, Randolph R Evans, Randolph R Evans MD PC (Patton, G) |
| Filing 57 MOTION to Dismiss by Mark E Wilson, Mark E Wilson DDS PC, Randolph R Evans, Randolph R Evans MD PC. (Attachments: #1 Exhibit Plaintiffs Sixth Amended Petition in Texas State Court, #2 Exhibit Affidavit for David H. Martin)(Breathwit, John) |
| Filing 56 ENTRY of Appearance by John J Breathwit on behalf of Mark E Wilson, Mark E Wilson DDS PC, Randolph R Evans, Randolph R Evans MD PC (Breathwit, John) |
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Filing 55
ORDER granting #54 Plaintiff's Unopposed Application for Enlargement of Time. Plf is granted an extension, until 12/4/09, to file an answer &/or other responsive pleading to #22 Counterclaim filed by Millennium. Signed by Honorable Stephen P. Friot on 11/19/09. (llg)
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| Filing 54 UNOPPOSED MOTION for Extension of Time by Aviva Life and Annuity Company. (Leffel, Lance) |
| Set/Reset Deadlines: Aviva Life and Annuity Company answer to counterclaim due 12/4/2009. (llg) |
| Filing 53 SUMMONS Returned Executed by Aviva Life and Annuity Company. Zion H Chen served on 11/16/2009. (Leffel, Lance) |
| Filing 52 SUMMONS Returned Executed by Aviva Life and Annuity Company. Gary A Passons served on 10/29/2009. (Leffel, Lance) |
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Filing 51
ORDER granting #36 Motion for Extension of Time to Answer re #1 Complaint. James C Slater answer due 12/3/2009. Signed by Honorable Stephen P. Friot on 11/12/09. (llg)
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| Filing 50 SUMMONS Returned Executed by Aviva Life and Annuity Company. Republic Bank & Trust served on 10/20/2009. (Leffel, Lance) |
| Filing 49 SUMMONS Returned Executed by Aviva Life and Annuity Company. Thomas Calabrese served on 10/24/2009. (Leffel, Lance) |
| Filing 48 SUMMONS Returned Executed by Aviva Life and Annuity Company. Randolph R Evans served on 10/22/2009. (Leffel, Lance) |
| Filing 47 SUMMONS Returned Executed by Aviva Life and Annuity Company. Randolph R Evans MD PC served on 10/22/2009. (Leffel, Lance) |
| Filing 46 SUMMONS Returned Executed by Aviva Life and Annuity Company. Vivek Khetpal served on 10/25/2009. (Leffel, Lance) |
| Filing 45 SUMMONS Returned Executed by Aviva Life and Annuity Company. Michael C McGinnis served on 10/25/2009. (Leffel, Lance) |
| Filing 44 SUMMONS Returned Executed by Aviva Life and Annuity Company. Scott Robertson served on 10/20/2009. (Leffel, Lance) |
| Filing 43 SUMMONS Returned Executed by Aviva Life and Annuity Company. Michael A Sherman served on 10/27/2009. (Leffel, Lance) |
| Filing 42 SUMMONS Returned Executed by Aviva Life and Annuity Company. James C Slater served on 10/22/2009. (Leffel, Lance) |
| Filing 41 SUMMONS Returned Executed by Aviva Life and Annuity Company. Mark E Wilson served on 10/22/2009. (Leffel, Lance) |
| Filing 40 SUMMONS Returned Executed by Aviva Life and Annuity Company. Mark E Wilson DDS PC served on 10/22/2009. (Leffel, Lance) |
| Filing 39 SUMMONS Returned Executed by Aviva Life and Annuity Company. William E Wolf served on 10/26/2009. (Leffel, Lance) |
| Filing 38 SUMMONS Returned Executed by Aviva Life and Annuity Company. Randolph Wischnewsky served on 10/26/2009. (Leffel, Lance) |
| Filing 37 ACKNOWLEDGEMENT OF SERVICE Executed as to #12 Summons Issued, Dr. William E. Wolf Acknowledgement filed by Plaintiff Aviva Life and Annuity Company. (Leffel, Lance) |
| Filing 36 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint, by James C Slater. (Smith, Michael) |
| Filing 35 ENTRY of Appearance by Michael E Smith on behalf of James C Slater (Smith, Michael) |
| Filing 34 MOTION to Dismiss by Michael C McGinnis, James C Slater, Vivek Khetpal. (Breathwit, John) |
| Filing 33 ENTRY of Appearance by John J Breathwit on behalf of Michael C McGinnis, James C Slater, Vivek Khetpal (Breathwit, John) |
| Filing 32 ENTRY of Appearance by G Babette Patton on behalf of Michael C McGinnis, James C Slater, Vivek Khetpal (Patton, G) |
| Filing 31 ENTRY of Appearance by John J Breathwit on behalf of Scott Robertson, Randolph Wischnewsky, Thomas Calabrese (Breathwit, John) |
| Filing 30 ENTRY of Appearance by G Babette Patton on behalf of Scott Robertson, Randolph Wischnewsky, Thomas Calabrese (Patton, G) |
| Filing 29 MOTION to Dismiss by Scott Robertson, Randolph Wischnewsky, Thomas Calabrese. (Attachments: #1 Exhibit Fifth Amended Petition of Dallas County, #2 Exhibit Affidavit of Thomas Calabrese, #3 Exhibit Affidavit of Randolf Wischnewsky)(Patton, G) |
| Filing 28 ENTRY of Appearance by Keith Johnston on behalf of Aviva Life and Annuity Company (Johnston, Keith) |
| Filing 27 ENTRY of Appearance by David M Skeens on behalf of all plaintiffs (Skeens, David) |
| Filing 26 ENTRY of Appearance by Michael Vaughan on behalf of all plaintiffs (Vaughan, Michael) |
| Filing 25 DISCLOSURE STATEMENT - CORPORATE by Republic Bank & Trust. (Ventura, Jennifer) |
| Filing 24 SUPPLEMENT re #22 Answer to Third Party Complaint, Counterclaim, #23 Supplement Exhibit by Millennium Multiple Employer Welfare Benefit Plan. (Watts, Philip) |
| Filing 23 SUPPLEMENT re #22 Answer to Third Party Complaint, Counterclaim Exhibit by Millennium Multiple Employer Welfare Benefit Plan. (Watts, Philip) |
| Filing 22 ANSWER to #19 Third Party Complaint, COUNTERCLAIM against Aviva Life and Annuity Company by Millennium Multiple Employer Welfare Benefit Plan.(Watts, Philip) |
| Filing 21 ENTRY of Appearance by Philip O Watts on behalf of Millennium Multiple Employer Welfare Benefit Plan (Watts, Philip) |
| Docket Annotation: Phillip Watts's ofc called and stated Exhibits were not attached to Doc Entrhy #22, Answer. Advised to file Exhibits as a Supplement to the Entry and link. (ap, ) |
| Filing 20 Summons Issued Electronically as to Millennium Multiple Employer Welfare Benefit Plan. (kr, ) |
| Filing 19 THIRD PARTY COMPLAINT against Millennium Multiple Employer Welfare Benefit Plan, filed by Republic Bank & Trust.(Leibrock, Fred) |
| Filing 18 ANSWER to Complaint with Jury Demand by Republic Bank & Trust.(Leibrock, Fred) |
| Filing 17 Receipt for Money Received from Aviva Life and Annuity Company in the amount of $150.00, receipt number OKW500005082 regarding #16 Order on Motion to Appear Pro Hac Vice, (kr, ) |
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Filing 16
ORDER granting #14 Amended Motion for Admission of J. Michael Vaughan, David M. Skeens and R. Keith Johnston Pro Hac Vice, PROVIDED that J. Michael Vaughan, David M. Skeens and R. Keith Johnston submit their ECF registration forms and file entries of appearance, consistent with LCvR 83. Signed by Honorable Stephen P. Friot on 10/23/09. (llg)
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| Filing 15 NOTICE (other) by Aviva Life and Annuity Company of Multi-District Litigation Tag-Along Action (Attachments: #1 Exhibit 1 - Letter Notice of Tag-Along Action)(Leffel, Lance) |
| Filing 14 AMENDED MOTION for Leave to Appear Pro Hac Vice by Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 - Request for Admission for J. Michael Vaughan, #2 Exhibit 2 - Request for Admission for David M. Skeens, #3 Exhibit 3 - Request for Admission for R. Keith Johnston)(Leffel, Lance) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice by Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 - Request for Admission for James Michael Vaughan, #2 Exhibit 2 - Request for Admission for David M. Skeens, #3 Exhibit 3 - Request for Admission for R. Keith Johnston)(Leffel, Lance) |
| NOTICE from the Court. In light of the filing of #14 AMENDED MOTION for Admission of J. Michael Vaughan, David M. Skeens and R. Keith Johnston Pro Hac Vice, the court hereby STRIKES AS MOOT #13 MOTION for Admission of J. Michael Vaughan, David M. Skeens and R. Keith Johnston Pro Hac Vice. (llg) |
| Filing 12 Summons Issued Electronically as to Lester B Lewis, Michael C McGinnis, Gary A Passons, Scott Robertson, Michael A Sherman, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Republic Bank & Trust, Thomas Calabrese, Zion H Chen, Randolph R Evans, Randolph R Evans MD PC, Vivek Khetpal. (kr, ) |
| Filing 11 NOTICE (other) by Aviva Life and Annuity Company re #9 Order on Motion to Deposit Funds,,, Order on Motion for TRO,, Notice of Compliance (Attachments: #1 Exhibit 1 - Skeens Email, #2 Exhibit 2 - Leffel Email)(Leffel, Lance) |
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Filing 9
ORDER denying #5 Motion for Leave to Deposit Funds into the Court's Registry; denying #6 Motion for Restraining Order. At such time as the record shows service of process on all dfts, the court will entertain a renewed mtn for relief pendente lite & for a hrg w/respect to such relief. Counsel for plf is DIRECTED FORTHWITH to serve a copy of this order (i) on all dfts, & (ii) on all counsel known by plf or its counsel to be representing any of the dfts in this action in any related case in any other court. The latter service (on counsel) shall be made via e-mail to said counsel. Signed by Honorable Stephen P. Friot on 10/14/09. (llg)
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| Filing 8 ENTRY of Appearance by Jennifer Miller Ventura on behalf of Republic Bank & Trust (Ventura, Jennifer) |
| Filing 7 ENTRY of Appearance by Fred A Leibrock on behalf of Republic Bank & Trust (Leibrock, Fred) |
| Filing 10 Receipt for Money Received from Aviva Life and Annuity Company in the amount of $350.00, receipt number OKW00004826 regarding #1 Complaint, (kr, ) |
| Filing 6 MOTION for Temporary Restraining Order Pursuant to 28 U.S.C. Section 2361 and Brief in Support by Aviva Life and Annuity Company. (Leffel, Lance) |
| Filing 5 MOTION to Deposit Funds Into the Court's Registry and Brief in Support by Aviva Life and Annuity Company. (Leffel, Lance) |
| Filing 4 DISCLOSURE STATEMENT - CORPORATE by Aviva Life and Annuity Company. (Leffel, Lance) |
| Filing 3 ENTRY of Appearance by Terry W Tippens on behalf of Aviva Life and Annuity Company (Tippens, Terry) |
| Filing 2 ENTRY of Appearance by Lance E Leffel on behalf of Aviva Life and Annuity Company (Leffel, Lance) |
| Filing 1 COMPLAINT against Lester B Lewis, Michael C McGinnis, Gary A Passons, Scott Robertson, Michael A Sherman, James C Slater, Mark E Wilson, Mark E Wilson DDS PC, Randolph Wischnewsky, William E Wolf, Republic Bank & Trust, Thomas Calabrese, Zion H Chen, Randolph R Evans, Randolph R Evans MC PC, Vivek Khetpal, filed by Aviva Life and Annuity Company. (Attachments: #1 Exhibit 1 Trust Agreement, #2 Exhibit 2 Policy Loan Request, #3 Civil Cover Sheet)(kr, ) |
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