Montague v. Dixie National Life Insurance Company et al
Case Number: 3:2009cv00687
Filed: March 18, 2009
Court: US District Court for the District of South Carolina
Office: Insurance Office
Presiding Judge: Joseph F Anderson
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 28:1331 Fed. Question: Insurance Contract

Available Case Documents

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Date Filed Document Text
August 17, 2011 Opinion or Order Filing 146 ORDER granting 129 Motion for Attorney Fees, Expenses and Class Representative Incentive Award, approving Class Counsels' petition forattorneys' fees of $1,109,731.26 and the Class Representative incentive award of $7,500. Signed by Honorable Joseph F Anderson, Jr on 08/17/2011.(bshr, )
August 16, 2011 Opinion or Order Filing 145 FINAL ORDER APPROVING CLASS ACTION SETTLEMENT. Signed by Honorable Joseph F Anderson, Jr on 08/16/2011. (bshr, )
July 5, 2011 Opinion or Order Filing 131 CONSENT ORDER directing Defendant National Foundation Life Insurance Company to deposit with the Court settlement proceeds of $3,362,822.00 on or before 07/05/2011, notifying counsel that all time periods relating to the filing of motions to reconsider the Court's 06/08/2011 Order, the appeal of Orders entered by the Court in this matter, the posting of a Supersedeas Bond, or the execution of the Final Judgment entered on 06/20/2011 shall be stayed upon the depo sit of the settlement funds into the Court, and directing that The deposited funds shall be returned to National Foundation Life InsuranceCompany and the stay of the deadlines and/or time periods indicated above shall be lifted in the event (1) the C ourt fails to approve the settlement; or (2) the parties fail to agree on mutually acceptable settlement documents. In the event that either such condition occurs, execution of the judgment is automatically stayed for a period of five (5) days from the date of the event or order, during which time Defendant(s) may post an appropriate supersedeas bond to secure the judgment during any subsequent proceedings or appeals. Signed by Honorable Joseph F Anderson, Jr on 07/05/2011. (bshr, )
June 20, 2011 Opinion or Order Filing 126 ORDER awarding damages to the plaintiff in the amount of $3,396,789.55 consisting of actual damages and prejudgment interest for each individual class member and awarding post-judgment interest to accrue at the following rates: Class Members 1-8 (CP1001) 18%, Class Members 9-10 (CP1001A) 18%, Class Member 11 (CP1003) 0.18%, Class Members 12-53 (CP1004) 9%. Signed by Honorable Joseph F Anderson, Jr on 06/20/2011. (bshr, )
June 8, 2011 Opinion or Order Filing 120 ORDER denying 97 Motion for Summary Judgment by Dixie National Life Insurance Company; granting in part and denying in part 105 Motion for Summary Judgment by Phyllis Gaither Montague; denying 111 Motion for Summary Judgmen t by Dixie National Life Insurance Company, National Foundation Life Insurance Company. The court awards the Plaintiffs damages in an amount to be determined in a separate order. Plaintiffs are ordered to submit to the court their experts pre-judgment interest calculation assuming final judgment will be entered on June 20, 2011. Signed by Honorable Joseph F Anderson, Jr on 6/8/11.(mflo, )
October 19, 2010 Opinion or Order Filing 83 ORDER granting 71 Motion to Certify Class, directing counsel for plaintiff to file and serve a proposed Class Notice within fifteen (15) days from the date of this order, notifying defendants they will have fifteen (15) days to file objections to the plaintiff's proposed Class Notice, and dismissing without prejudice 76 Motion for Summary Judgment. Signed by Honorable Joseph F Anderson, Jr on 10/19/2010.(bshr, )
June 11, 2010 Opinion or Order Filing 57 ORDER denying 48 Motion for Summary Judgment and notifying parties to appear at the roster meeting scheduled for 06/16/2010 at 3:00 PM. Signed by Honorable Joseph F Anderson, Jr on 06/11/2010.(bshr, )
February 26, 2010 Opinion or Order Filing 47 ORDER granting without prejudice 10 Motion to Dismiss by Scott H. Richardson; granting without prejudice with leave to amend 21 Motion to Dismiss by USHealth Group Inc; finding as moot 23 Motion to Stay Proceedings Pending Outcome of Appeal of Related Case by Dixie National Life Insurance Company, National Foundation Life Insurance Company, USHealth Group Inc. Signed by Honorable Joseph F Anderson, Jr on 02/26/10.(bshr, )
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