Gunn Hoyt v. Phoenix Life Limited et al
| Amy Joyce Gunn Hoyt |
| Phoenix Life Limited and Scottish Provident Institution |
| 2:2018cv02759 |
| October 10, 2018 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing 14
ORDER AND OPINION The Court GRANTS Plaintiff's motion to stay ruling on Defendants' motion to dismiss and for jurisdictional discovery (Dkt. No. #6 ). IT IS ORDERED THAT Plaintiffs must complete jurisdictional discovery within sixty (60) days from the date of this order. IT IS FURTHER ORDERED THAT Defendants must either answer the Complaint or renew their motion to dismiss no later than fourteen (14) days after the close of jurisdictional discovery. Defendant's motion to dismiss (Dkt. No. #4 ) is therefore DENIED AS MOOT, with leave to refile. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/3/2018.(sshe, )
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| Filing 11 RESPONSE in Opposition re #6 MOTION to Stay re #4 MOTION to Dismiss Response filed by Phoenix Life Limited.Reply to Response to Motion due by 11/15/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Horton, Greg) |
| Filing 10 TEXT ORDER The Court GRANTS Defendant's motion for a seven (7) day extension of time to respond to Plaintiff's Motion to Stay. (Dkt. No. #9 .) Plaintiff consented to the motion. For good cause shown and pursuant to Local Rule 6.01, Defendants must file any response by November 9, 2018. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/30/2018.(sshe, ) |
| Filing 9 Consent MOTION for Extension of Time FOR DEFENDANTS TO FILE A MEMORANDUM OPPPOSING PLAINTIFFS MOTION TO STAY by Phoenix Life Limited, Scottish Provident Institution. Response to Motion due by 11/13/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Horton, Greg) |
| Filing 8 TEXT ORDER: In light of the Parties Joint Stipulation regarding Pending Motions (Dkt. No. #7 ), the Court ORDERS that Plaintiff's time for filing a response to Defendants Motion to Dismiss (Dkt. No. #4 ) is suspended. The Court finds good cause to suspend the deadline for Plaintiffs response. The Plaintiff is directed to file any Response in Opposition or other response to Defendant's Motion to Dismiss (Dkt. No. #4 ) within ten (10) days of the Court ruling on Plaintiff's Motion to Stay (Dkt. No. #6 ). Signed by Honorable Richard M Gergel on 10/26/18. (hhil, ) |
| Filing 7 STIPULATION re #4 MOTION to Dismiss , #6 MOTION to Stay re #4 MOTION to Dismiss by Amy Joyce Gunn Hoyt. (Mason, Mark) |
| Filing 6 MOTION to Stay re #4 MOTION to Dismiss by Amy Joyce Gunn Hoyt. Response to Motion due by (11/9/2018, per Dkt. No. 10). Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A TD Bank record from South Carolina, #2 Exhibit B FGT trust document)No proposed order.(Mason, Mark) Modified on 10/22/2018 to add descriptions to exhibits(sshe, ). Modified on 10/31/2018 (sshe, ). |
| Filing 4 MOTION to Dismiss by Phoenix Life Limited, Scottish Provident Institution. Response to Motion due (within 10 days of Court's ruling on Motion to Stay, per Dkt. No. 8). Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Gritzuk v. GCA Educ. Servs., Inc., #2 Exhibit Hough v. Hough, #3 Exhibit UPC plc v. Nectrus Ltd., #4 Exhibit Koken v. Aon Risk Servs., Inc.)No proposed order.(Horton, Greg) Modified on 10/29/2018(sshe, ). |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Phoenix Life Limited, Scottish Provident Institution.(sshe, ) |
| Filing 1 NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2018-CP-10-04014. (Filing fee $ 400 receipt number 0420-8047180), filed by Phoenix Life Limited, Scottish Provident Institution. (Attachments: #1 Exhibit 1 State Court Documents 2018-08-14_COMPLAINT Hoyt v. Phoenix Life Limited, #2 Exhibit 2 - 2018-09-10_Service Documents-Scottish Provident, #3 Exhibit 3 - 2018-09-29_Phoenix Papers Served, #4 Exhibit 4 - 2018-10-10_DECLARATION OF DAVID WOOLLETT, #5 Exhibit A - 1998-09-11_Application, #6 Exhibit B - 2004-08-16_Gould Title to Real Estate, #7 Exhibit C - 1998-03-00_Policy Provisions, #8 Exhibit D - 1999-01-21_Gould Policy Schedule)(sshe, ) |
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