Nationwide Life and Annuity Insurance Company v. Dunshie et al
Plaintiff: Nationwide Life and Annuity Insurance Company
Defendant: Jay P. Dunshie and Doug Middlestetter
Case Number: 6:2022cv00995
Filed: July 8, 2022
Court: US District Court for the District of Oregon
Presiding Judge: Mustafa T Kasubhai
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Interpleader Action
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2023 Opinion or Order Filing 76 Final Judgment and Order of Interpleader Disbursement signed on 7/24/2023 by Magistrate Judge Mustafa T. Kasubhai. Amended Motion for Interpleader Disbursement (28 U.S.C. Section 1335) and Entry of Final Judgment #75 is GRANTED. Authorized disbursement in the amount of $404,920.94 plus interest. (jk)
July 17, 2023 Filing 75 Amended Motion for Interpleader Disbursement (28 U.S.C. Section 1335) and Entry of Final Judgment. Filed by Jay P. Dunshie. (Attachments: #1 Proposed Order) (Hoover, Michael)
July 17, 2023 Filing 74 Amended Motion for Interpleader Disbursement (28 U.S.C. Section 1335) and for Entry of Final Judgment. Filed by Jay P. Dunshie. (Attachments: #1 Proposed Order) (Hoover, Michael)
July 6, 2023 Filing 73 Joint Motion for Interpleader Disbursement (28 U.S.C. Section 1335) and Entry of Final Judgment. Filed by Jay P. Dunshie. (Attachments: #1 Proposed Order) (Hoover, Michael)
July 6, 2023 Filing 72 Notice of Settlement Filed by Jay P. Dunshie. (Hoover, Michael)
July 6, 2023 Filing 71 Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (jw)
June 30, 2023 Filing 70 Response in Opposition to Motion for Leave to File Sur-Reply #64 . Filed by Jay P. Dunshie. (Hoover, Michael)
June 28, 2023 Opinion or Order Filing 69 Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Oral Argument regarding Motion for Summary Judgment #44 , and Cross Motion for Summary Judgment #55 is set for 8/15/2023 at 09:00AM in Eugene Courtroom 3 before Magistrate Judge Mustafa T. Kasubhai. (jk)
June 28, 2023 Opinion or Order Filing 68 Stipulated Protective Order signed on 6/28/2023 by Magistrate Judge Mustafa T. Kasubhai. (jk)
June 23, 2023 Filing 67 Stipulated Motion for Protective Order . Filed by Doug Middlestetter. (Attachments: #1 Proposed Order) (Grim, Donald)
June 23, 2023 Filing 66 Exhibits re Reply to Motion #62 . Filed by Doug Middlestetter. (Grim, Donald)
June 23, 2023 Filing 65 Declaration of Donald H. Grim in Support of Defendant Doug Middlestetter's Motion for Leave to File Sur-Reply. Filed by Doug Middlestetter. (Related document(s): Motion for Leave #64 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Grim, Donald)
June 23, 2023 Filing 64 Motion for Leave to File Sur-Reply. Filed by Doug Middlestetter. (Grim, Donald)
June 23, 2023 Filing 63 Declaration of Donald H. Grim in Support of Defendant Doug Middlestetter's Reply to Defendant Jay Dunshie's Opposition to Middlestetter's Cross-Motion for Summary Judgment. Filed by Doug Middlestetter. (Related document(s): Reply to Motion #62 .) (Grim, Donald)
June 23, 2023 Filing 62 Reply to Jay Dunshie's Opposition to Cross Motion for Summary Judgment #55 . Filed by Doug Middlestetter. (Grim, Donald)
June 9, 2023 Filing 61 Response in Opposition to Cross Motion for Summary Judgment #55 . Filed by Jay P. Dunshie. (Hoover, Michael)
June 9, 2023 Filing 60 Reply to Motion for Summary Judgment #44 . Filed by Jay P. Dunshie. (Attachments: #1 Exhibit M - Middlestetters Responses to Dunshies First Set of Requests for Prod. of Docs., #2 Exhibit N - Production Log, #3 Exhibit O - Second Excerpt of Deposition of Doug Middlestetter, #4 Exhibit P - Option Agreement, #5 Exhibit Q - Excerpt of Current Compliance Guide, #6 Exhibit R - Middlestetters Business Registration, #7 Exhibit S - Second Excerpt of Deposition of Jay Dunshie, #8 Exhibit T - Probate Inventory) (Hoover, Michael)
May 25, 2023 Opinion or Order Filing 59 ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time to File Response/Reply #58 . Reply is due by 6/9/2023. (jk)
May 24, 2023 Filing 58 Unopposed Motion for Extension of Time to File a Response/Reply to Opposition to Motion for Summary Judgment #44 . Filed by Jay P. Dunshie. (Hoover, Michael)
May 24, 2023 Filing 57 JUDGMENT: Based on the record, Plaintiff Nationwide Life and Annuity Insurance Co., is dismissed from the case. Signed on 5/24/2023 by Judge Michael J. McShane. (cp)
May 24, 2023 Opinion or Order Filing 56 ORDER: Judge Kasubhai's Findings and Recommendation (ECF No. #41 ) is adopted. Plaintiff's Motion for Interpleader Relief and Final Judgment of Discharge, Fees, and Costs (ECF No. #26 ) is GRANTED. Signed on 5/24/2023 by Judge Michael J. McShane. (cp)
May 19, 2023 Filing 55 Cross Motion for Summary Judgment . Filed by Doug Middlestetter. (Grim, Donald)
May 19, 2023 Filing 54 Declaration of Lisa Pendleton . Filed by Doug Middlestetter. (Related document(s): Response to Motion #48 .) (Grim, Donald)
May 19, 2023 Filing 53 Declaration of Fritz Jenniches . Filed by Doug Middlestetter. (Related document(s): Response to Motion #48 .) (Grim, Donald)
May 19, 2023 Filing 52 Declaration of Judy Brutka . Filed by Doug Middlestetter. (Related document(s): Response to Motion #48 .) (Grim, Donald)
May 19, 2023 Filing 51 Declaration of Doug Middlestetter . Filed by Doug Middlestetter. (Related document(s): Response to Motion #48 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Grim, Donald)
May 19, 2023 Filing 50 Declaration of John T. Carr . Filed by Doug Middlestetter. (Related document(s): Response to Motion #48 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Grim, Donald)
May 19, 2023 Filing 49 Declaration of Donald Grim . Filed by Doug Middlestetter. (Related document(s): Response to Motion #48 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Grim, Donald)
May 19, 2023 Filing 48 Response to Motion for Summary Judgment #44 . Filed by Doug Middlestetter. (Grim, Donald)
May 4, 2023 Filing 47 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
May 3, 2023 Filing 46 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
May 1, 2023 Filing 45 NOTICE BY THE CLERK: A dispositive motion has been filed in this case. Currently there is not full consent to proceed before a U.S. Magistrate Judge in this case. If the non-consenting party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the court's website at #ord.uscourts.gov/civil-forms and may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. The form is also attached to this docket entry. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see #ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed on or before Defendant's reply deadline to his motion for summary judgment. (jk)
April 28, 2023 Filing 44 Motion for Summary Judgment . Filed by Jay P. Dunshie. (Attachments: #1 Exhibit A - Annuity Contract 07-0477955, #2 Exhibit B - Annuity Contract Application, #3 Exhibit C - Death Certificate, #4 Exhibit D - Excerpts of Deposition of Doug Middlestetter, #5 Exhibit E - Last Will and Testament, #6 Exhibit F - Consent Form for Electronic Signature, #7 Exhibit G - Signature Audit Report, #8 Exhibit H - Application and Acknowledgment Form, #9 Exhibit I - Declaration of Jay Dunshie, #10 Exhibit J - Collection of Application and Acknowledgement Forms, #11 Exhibit K - Excerpt of Deposition of Jay Dunshie, #12 Exhibit L - Dispute Letter) (Hoover, Michael)
April 25, 2023 Filing 43 Clerk's Notice of Transfer to an Interest Bearing Account - Amount transferred: $404,920.94. Related Doc #32 Order. (lp)
April 21, 2023 Opinion or Order Filing 42 ORDER by Magistrate Judge Mustafa T. Kasubhai: Findings & Recommendation #41 is referred to Judge Michael J. McShane. (jk)
April 21, 2023 Filing 41 Findings & Recommendation signed on 4/21/2023 by Magistrate Judge Mustafa T. Kasubhai: Nationwide's Motion for Interpleader Relief and Final Judgment of Discharge, Fees and Costs (ECF No. #26 ) should be GRANTED. Objections to the Findings and Recommendation are due by 5/5/2023. (jk)
April 13, 2023 Filing 40 Clerk's Notice of Deposit to a Non-interest Bearing Account - Receipt Number: EUG600014664, Date Receipt Issued: 04/12/2023, Amount Collected $404,920.94. Related Doc #32 Order. (lp)
April 11, 2023 Filing 39 MINUTES of Proceedings: Status Conference by telephone. Ali Haque present as counsel for plaintiff. Michael Hoover; Donald Grim present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (jk)
March 27, 2023 Filing 38 MINUTES of Proceedings: Discovery Hearing by telephone. Defendant Doug Middlestetter's informal motion to compel is DENIED. Ali Haque present as counsel for plaintiff. Michael Hoover; Donald Grim present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (jk)
March 21, 2023 Opinion or Order Filing 37 Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Based on the schedule of the parties, Discovery Hearing set for 3/23/2023 is RESET for 3/27/2023 at 09:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. (jk)
March 20, 2023 Opinion or Order Filing 36 Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Discovery Hearing is set for 3/23/2023 at 02:00PM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to connect to the Court's conference line at least 5 minutes prior to the scheduled hearing. Connection information will be sent by separate order. (jk)
March 15, 2023 Filing 35 Reply [Nationwide Life and Annuity Insurance Company's Reply in Support of Its Motion for Interpleader Relief and Final Judgment of Discharge, Fees and Costs].(Related document(s): Motion for Interpleader Deposit (28 U.S.C. Section 1335), #26 .) Filed by Nationwide Life and Annuity Insurance Company. (Haque, Ali)
March 7, 2023 Opinion or Order Filing 34 ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Extension of Time #33 . Reply is due by 3/15/2023. (jk)
March 6, 2023 Filing 33 Unopposed Motion for Extension of Time [Nationwide Life and Annuity Insurance Company's Unopposed Motion for An Extension]. Filed by Nationwide Life and Annuity Insurance Company. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Haque, Ali)
March 3, 2023 Opinion or Order Filing 32 Order to Deposit Funds signed on 3/3/2023 by Magistrate Judge Mustafa T. Kasubhai. (jk)
March 3, 2023 Opinion or Order Filing 31 ORDER by Magistrate Judge Mustafa T. Kasubhai: Plaintiff's Motion Nationwide Life and Annuity Insurance Company's Unopposed Motion to Deposit Funds #26 is GRANTED, and the Court will enter the proposed order submitted by Plaintiff. Defendant Middlestetter's Motion for Extension of Discovery & PTO Deadlines #24 is GRANTED. Discovery is to be completed by 4/1/2023. Dispositive Motions are due by 5/1/2023. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 6/1/2023 if no dispositive motions are filed. Status Conference to discuss case management is set for 4/11/2023 at 10:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by e-mail the day before the hearing. (jk)
February 24, 2023 Filing 30 Response to Motion for Interpleader Deposit (28 U.S.C. Section 1335) #26 . Filed by Jay P. Dunshie. (Hoover, Michael)
February 22, 2023 Filing 29 Declaration of Donald H. Grim in Support of Defendant Doug Middlestetter's Response and Opposition to Nationwide Life's Motion for Final Judgment of Discharge, Fees, and Costs. Filed by Doug Middlestetter. (Related document(s): Response to Motion #28 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Grim, Donald)
February 22, 2023 Filing 28 Response and Opposition to Motion for Interpleader Deposit (28 U.S.C. Section 1335) #26 . Filed by Doug Middlestetter. (Grim, Donald)
February 21, 2023 Filing 27 Notice of Correction by Clerk regarding Motion for Interpleader Deposit (28 U.S.C. Section 1335) #26 . A Clerical error has been discovered in the case record: The incorrect event was used for the entry (Motion - Miscellaneous). The following corrections were made to the record: The entry and docket text have been corrected. The Notice of Electronic Filing (NEF) will be regenerated to all parties. (bd)
February 17, 2023 Filing 26 Motion [Nationwide Life and Annuity Insurance Company's Unopposed Motion to Deposit Funds and Opposed Motion for Interpleader Relief and Final Judgment of Discharge, Fees and Costs]. Filed by Nationwide Life and Annuity Insurance Company. (Haque, Ali) Modified on 2/21/2023 to correct event selection. Notice of Electronic Filing regenerated to the parties. (bd)
February 3, 2023 Filing 25 Proposed Form of Order Submitted Granting Motion to Continue Discovery and Pretrial Deadlines #24 . Filed by Doug Middlestetter. (Grim, Donald) Modified on 2/6/2023 to add document link. NEF not regenerated. (jw)
February 3, 2023 Filing 24 Motion for Extension of Discovery & PTO Deadlines . Filed by Doug Middlestetter. (Grim, Donald)
January 9, 2023 Opinion or Order Filing 23 ORDER by Magistrate Judge Mustafa T. Kasubhai: The Court is in receipt of the parties' Joint Status Report #22 . Further Joint Status Report is due by 3/10/2023. (jk)
January 5, 2023 Filing 22 Joint Status Report by Nationwide Life and Annuity Insurance Company. Filed by Nationwide Life and Annuity Insurance Company. (Haque, Ali)
December 20, 2022 Filing 21 Notice of Attorney Substitution: Heather Van Meter is substituted as counsel of record in place of Attorney Tania Manners . Filed by on behalf of Jay P. Dunshie. (Van Meter, Heather)
December 6, 2022 Opinion or Order Filing 20 ORDER by Magistrate Judge Mustafa T. Kasubhai: The Court is in receipt of the parties' Joint Status Report #19 . Further Joint Status Report is due by 1/5/2023. (jk)
December 1, 2022 Filing 19 Status Report [Joint Status Report] by Nationwide Life and Annuity Insurance Company. Filed by Nationwide Life and Annuity Insurance Company. (Haque, Ali)
October 11, 2022 Filing 18 MINUTES of Proceedings: Rule 16 Conference by telephone. The parties waive initial disclosures as stated on the record. The parties shall file a Joint Status Report by 12/1/2022 as stated on the record. Discovery is to be completed by 2/8/2023. Dispositive Motions are due by 3/10/2023. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after dispositive motions are ruled on or by 4/10/2023 if no dispositive motions filed. Ali Haque present as counsel for plaintiff. Michael Hoover; Tania Manners as counsel for defendant Jay P. Dunshie. Donald Grim present as counsel for defendant Doug Middlestetter. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (jk)
September 23, 2022 Filing 17 Amended Answer to #1 Complaint, . Filed by Jay P. Dunshie. (Hoover, Michael)
September 21, 2022 Opinion or Order Filing 16 Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Rule 16 Conference is set for 10/11/2022 at 10:15AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by e-mail the day before the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, consent to a magistrate judge, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Order issued by the Court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. All deadlines are VACATED and will be reset at the Rule 16 Conference. Pronoun Usage: The parties and counsel are encouraged to advise the Court of their pronouns and honorifics (such as Ms., Mx., or Mr.). People appearing before this Court may provide their pronouns and honorifics in writing or orally when appearing for conferences, hearings, or trials. Attorneys are encouraged to identify their pronouns and honorifics in their signature lines when submitting documents for filing. Parties and counsel are instructed to address each other in all written documents and court proceedings by those previously identified pronouns and honorifics. (jk)
September 20, 2022 Filing 15 Answer to #1 Complaint, . Filed by Jay P. Dunshie. (Hoover, Michael)
September 20, 2022 Opinion or Order Filing 14 ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Unopposed Motion for Leave to File Answer Out of Time #11 . Answer is due by 10/20/2022. (jk)
September 9, 2022 Filing 13 Notice of Appearance of Tania Manners appearing on behalf of Jay P. Dunshie. Filed by on behalf of Jay P. Dunshie. (Manners, Tania)
September 8, 2022 Opinion or Order Filing 12 ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice requested by attorney Michael Hoover #10 . (jk)
September 8, 2022 Filing 11 Unopposed Motion for Leave to File Answer Out of Time. Filed by Jay P. Dunshie. (Attachments: #1 Proposed Document Proposed Answer) (Hoover, Michael)
September 2, 2022 Filing 10 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Michael Hoover. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8641388. Filed by Jay P. Dunshie. (Hoover, Michael)
September 2, 2022 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Michael Hoover. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8641388 #10 : Reviewed and Ready for Ruling. (jw)
August 17, 2022 Filing 9 Answer to #1 Complaint, . Filed by Doug Middlestetter. (Grim, Donald)
August 5, 2022 Opinion or Order Filing 8 ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice #7 requested by attorney Ali I. Haque. (jk)
August 4, 2022 Filing 7 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ali I. Haque. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8608403. Filed by Nationwide Life and Annuity Insurance Company. (Haque, Ali)
August 4, 2022 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ali I. Haque. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8608403 #7 : Reviewed and Ready for Ruling. (jw)
July 26, 2022 Filing 6 Return of Service Executed as to Jay P. Dunshie served on 7/22/2022, answer due on 8/12/2022. (Hineline, Curt)
July 18, 2022 Filing 5 Waiver of Service of Summons Returned Executed by Doug Middlestetter waiver sent on 7/15/2022. Filed by Nationwide Life and Annuity Insurance Company. (Hineline, Curt)
July 12, 2022 Opinion or Order Filing 4 Case Management Order signed on 7/12/2022 by Magistrate Judge Mustafa T. Kasubhai. (jk)
July 8, 2022 Filing 3 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: #1 Summons Dunshie) (jw)
July 8, 2022 Opinion or Order Filing 2 Notice of Case Assignment to Magistrate Judge Mustafa T. Kasubhai and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 11/7/2022. Joint Alternate Dispute Resolution Report is due by 12/5/2022. Pretrial Order is due by 12/5/2022. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jw)
July 8, 2022 Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8579904 Jury Trial Requested: No. Filed by Nationwide Life and Annuity Insurance Company against All Defendants (Attachments: #1 Exhibit Exhibits 1-3 to Complaint, #2 Civil Cover Sheet, #3 Proposed Summons). (Hineline, Curt)

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Plaintiff: Nationwide Life and Annuity Insurance Company
Represented By: Curt Roy Hineline
Represented By: Ali I. Haque
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Defendant: Jay P. Dunshie
Represented By: Tania Manners
Represented By: Michael Hoover
Represented By: Heather Van Meter
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Defendant: Doug Middlestetter
Represented By: Donald H. Grim
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