Douglas v. American General Life Insurance Company
Plaintiff: Cornelius Lee Douglas, Sr
Defendant: American General Life Insurance Company
Not Yet Classified: Ashley B Nance
Case Number: 4:2013cv03324
Filed: November 27, 2013
Court: US District Court for the District of South Carolina
Office: Florence Office
County: Florence
Presiding Judge: Bruce Howe Hendricks
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 10, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2015 Filing 69 ***DOCUMENTS MAILED #67 Opinion and Order, #68 Judgment placed in U.S. Mail to Cornelius Lee Douglas, Sr., 617 Baby Drive, Pamplico, SC, 29583. (prou, )
August 10, 2015 Filing 68 JUDGMENT approving the settlement. (prou, )
August 10, 2015 Filing 67 OPINION AND ORDER: The Court agrees with the Magistrate Judge and adopts and incorporates by specific reference the Magistrate Judge's #62 Report and Recommendation. Therefore, IT IS ORDERED that the Verified Motion to Compel Settlement and Petition for Approval of Minor's Settlement (ECF No. #33 ) is GRANTED. The Guardian ad Litem is authorized to execute such settlement documents on behalf of the minor as are appropriate to carry out this settlement agreement for the benefit of the minor, and the settlement funds are to be disbursed as set forth in paragraph nine of the Verified Motion. Funds disbursed to the minor should be directed to minor's duly appointed conservator, John S. Turner, CPA, to be held for the benefit of the minor in accordance with applicable state law and as directed by, and under the terms of, the Probate Court for Florence County, South Carolina. Signed by Honorable Bruce Howe Hendricks on 8/10/2015. (prou, )
June 12, 2015 Filing 64 ***DOCUMENT MAILED: #62 REPORT AND RECOMMENDATION w/NEF, 63 TEXT Order on Motion for Summary Judgment placed in U.S. Mail to Cornelius Lee Douglas, Sr., 617 Baby Drive, Pamplico, SC, 29583 (dsto, )
June 12, 2015 Opinion or Order Filing 63 TEXT ORDER finding as moot #24 Motion for Summary Judgment. Signed by Magistrate Judge Thomas E Rogers, III on 06/12/2015.(dsto, )
June 12, 2015 Filing 62 REPORT AND RECOMMENDATION recommending that the court find (1) the parties entered into a binding settlement agreement at mediation on December 8, 2014, and (2) the terms of the settlement agreement as set forth in paragraph nine of the Guardian ad Litem's Verified Motion are proper and in the best interests of the minor child. It is further recommended that the Verified Motion to Compel Settlement and Petition for Approval of Minor's Settlement (Document #33 ) be granted, the Guardian ad Litem be authorized to execute such settlement documents on behalf of the minor as are appropriate to carry out this settlement agreement for the benefit of the minor, and that the settlement funds be disbursed as set forth in paragraph nine of the Verified Motion. Funds disbursed to the minor should be directed to minor's duly appointed conservator, John S. Turner, CPA, to be held for the benefit of the minor inaccordance with applicable state law and as directed by, and under the terms of, the Probate Court for Florence County, South Carolina. Objections to R&R due by 6/29/2015. Signed by Magistrate Judge Thomas E Rogers, III on 06/12/2015. (Attachments: #1 Notice of Right to File Objections)(dsto, )
May 26, 2015 Filing 59 ***DOCUMENT MAILED: #58 Order w/NEF, placed in U.S. Mail to Cornelius Lee Douglas, Sr., 617 Baby Drive, Pamplico, SC, 29583 (dsto, )
May 26, 2015 Opinion or Order Filing 58 ORDER TO RESPOND: Plaintiff Cornelius Lee Douglas, Sr., is directed to file a response to the Motion to Compel Settlement and Petition for Approval of Minor's Settlement (Document #33 ) within ten days of the date of this Order. Failure to file a response may result in the motion being granted as unopposed. Signed by Magistrate Judge Thomas E Rogers, III on 05/26/2015. (dsto, )
May 26, 2015 Filing 57 ***DOCUMENT MAILED: #56 Order to Notify of Address Change w/NEF placed in U.S. Mail to Cornelius Lee Douglas, Sr., 617 Baby Drive, Pamplico, SC, 29583 (dsto, )
May 22, 2015 Opinion or Order Filing 56 ORDER directing plaintiff to notify Clerk in writing of any address changes. Signed by Magistrate Judge Thomas E Rogers, III on 05/22/2015. (dsto, )
May 20, 2015 Filing 53 Case Reassigned to Judge Magistrate Judge Thomas E Rogers, III. (cwil, )
April 14, 2015 Filing 49 ***DOCUMENT MAILED #48 Order Relieving Counsel, placed in U.S. Mail to Cornelius Lee Douglas, Sr, 617 Baby Drive, Pamplico, SC 29583. (prou, )
April 14, 2015 Opinion or Order Filing 48 ORDER RELIEVING COUNSEL: It is ORDERED that Kevin M. Barth be hereby relieved as counsel for the Plaintiff and that he be relieved of any further obligation or responsibility in regard to the within action. It is further ORDERED that Kevin M. Barth be assigned a lien against the settlement proceeds in this case in the total amount of Thirty-four Thousand Four Hundred twenty-seven and 77/100 ($34,427.77) Dollars for attorney's fees and costs as per the Legal Representation Agreement signed by the Plaintiff on May 5, 2014. It is further ORDERED that Mr. Cornelius Douglas, Sr., shall have thirty (30) days from the date of the hearing to seek other counsel and notify the Court and Counsel of same or be prepared to proceed pro se. Signed by Honorable Bruce Howe Hendricks on 4/14/2015. (prou, )
April 7, 2015 Filing 45 ***DOCUMENT MAILED 43 Order on Motion to Withdraw as Attorney, Motion Hearing, placed in U.S. Mail to Cornelius Lee Douglas, Sr, 617 Baby Drive, Pamplico, SC 29583 (swel, )
April 7, 2015 Filing 43 Minute Entry. Proceedings held before Honorable Bruce Howe Hendricks: Motion Hearing held on 4/7/2015 re #32 MOTION to Withdraw as Attorney for Plaintiff filed by Cornelius Lee Douglas, Sr. Plaintiff was present. Kevin Barth was present. Ashley Nance was present and Kristen Horne was present. Court grants #32 Motion to Withdraw as Attorney. Plaintiff is to report to the Court within thirty (30) days from the date of this order as to whether he has hired another attorney or if he will proceed pro se. If settlement is enforced, Attorney Barth's interest will be protected. Mr. Barth to send proposed order to court. Court Reporter Raymond Simmons. (swel, )
March 12, 2015 Filing 41 RESPONSE in Support re #33 MOTION to Compel Settlement MOTION for Settlement (Verified Petition for Approval of Minor's Settlement) Response filed by American General Life Insurance Company. (Horne, Kristen)
March 6, 2015 Filing 40 ***DOCUMENT MAILED 39 Notice of Hearing on Motion placed in U.S. Mail to Cornelius Lee Douglas, Sr, 617 Baby Drive, Pamplico, SC 29583. (prou, )
March 6, 2015 Filing 39 NOTICE of Hearing on Motion #32 MOTION to Withdraw as Attorney for Plaintiff : Motion Hearing set for 4/7/2015 03:30 PM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable Bruce Howe Hendricks. (prou, )
March 2, 2015 Filing 38 RESPONSE to Motion re #32 MOTION to Withdraw as Attorney for Plaintiff Response filed by American General Life Insurance Company.Reply to Response to Motion due by 3/12/2015 (Horne, Kristen)
February 24, 2015 Filing 34 Case Reassigned to Judge Honorable Bruce Howe Hendricks. Judge Honorable R Bryan Harwell no longer assigned to the case. (glev, )
February 23, 2015 Filing 33 MOTION to Compel Settlement, MOTION for Settlement (Verified Petition for Approval of Minor's Settlement) ( Response to Motion due by 3/12/2015.) by Ashley B Nance. (Attachments: #1 Exhibit Filed Signed Mediation Agreement, #2 Exhibit Release and Settlement Agreement, #3 Memo in Support Memorandum of Law in Support of Motion to Compel Settlement)No proposed order.(Nance, Ashley) (Attachment 2 replaced on 2/24/2015 with corrected document provided by filer) (hcic, ).
February 13, 2015 Filing 32 MOTION to Withdraw as Attorney for Plaintiff by Cornelius Lee Douglas, Sr. Response to Motion due by 3/2/2015. (Attachments: #1 Exhibit Letter from Plaintiff, #2 Exhibit email from Garryl Deas, #3 Exhibit Legal Representation Agreement, #4 Exhibit Settlement Statement)Proposed order is being emailed to chambers with copy to opposing counsel.(Barth, Kevin)
February 12, 2015 Filing 31 Minute Entry. Proceedings held before Honorable R Bryan Harwell: Telephone Status Conference held on 2/12/2015; Participating: Kevin Barth, Kristen Horne, Ashley Nance and Cornelius Douglas, Sr.; mediation took place on 12/8/14. Mr. Barth states that Mr. Douglas informed him that he is retaining another attorney, Garryl Deas from Sumter. Mr. Barth to contact Mr. Deas. Counsel to file appropriate motion(s). Motion for Summary Judgment is pending. Court Reporter: Mary Schweinhagen.(mcam)
February 9, 2015 Filing 30 NOTICE OF RESCHEDULED HEARING: Telephone Conference previously set for 2/10/2015 cancelled and rescheduled to: Telephone Conference set for 2/12/2015 at 3:30 PM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before the Honorable R Bryan Harwell. Plaintiff's counsel should have all parties on the line, including the Guardian ad Litem, before calling the Court at 843-676-3820. (hcic, )
February 3, 2015 Filing 29 NOTICE of Hearing: Telephone Conference set for 2/10/2015 at 9:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before the Honorable R Bryan Harwell. Plaintiff's counsel should have all parties on the line, including the Guardian ad Litem, before calling the Court at 843-676-3820. (hcic, )
January 28, 2015 Opinion or Order Filing 28 ORDER APPOINTING GUARDIAN AD LITEM. Signed by the Honorable R Bryan Harwell on 1/28/2015. (hcic, )
January 27, 2015 Filing 27 RESPONSE to Motion re #26 MOTION to Appoint Guardian ad Litem Response filed by American General Life Insurance Company.Reply to Response to Motion due by 2/6/2015 (Horne, Kristen)
January 26, 2015 Filing 26 MOTION to Appoint Guardian ad Litem by Cornelius Lee Douglas, Sr. Response to Motion due by 2/12/2015. Proposed order is being emailed to chambers with copy to opposing counsel.(Barth, Kevin) (Additional attachment(s) added on 1/26/2015: #1 Mediated Agreement) (hcic, ).
November 21, 2014 Filing 24 MOTION for Summary Judgment by American General Life Insurance Company. Response to Motion due by 12/8/2014. (Attachments: #1 Memo in Support, #2 Exhibit A - Deposition Excerpts - Cornelius Douglas, #3 Exhibit B - Application, #4 Exhibit C - Policy, #5 Exhibit D - Affidavit in Support of Defendant's Motion for Summary Judgment [received via email 2014.11.20], #6 Exhibit E - 07.06.2008 Letter, #7 Exhibit F - Money Order, #8 Exhibit G - 08.18.2008 Letter to T. Hamilton, #9 Exhibit H - Consent Order and Judgment, #10 Exhibit I - Plaintiff's Answers to Interrogatories)No proposed order.(Horne, Kristen)
November 17, 2014 Filing 23 ADR STATEMENT/CERTIFICATION by Cornelius Lee Douglas, Sr. (Barth, Kevin) (Main Document 23 replaced on 11/17/2014 with corrected document provided by filer) (hcic, ).
November 13, 2014 Filing 21 TEXT ORDER granting #20 Motion for Extension of Time to file dispositive motions until November 21, 2014. Signed by Honorable R Bryan Harwell on 11/13/2014.(tmcb, )
November 12, 2014 Filing 20 Consent MOTION for Extension of Time to Extend Dispositive Motion Deadline by American General Life Insurance Company. Response to Motion due by 12/4/2014. No proposed order.(Horne, Kristen)
November 12, 2014 Filing 19 ADR STATEMENT/CERTIFICATION of Counsel Regarding Mediation by American General Life Insurance Company(Horne, Kristen)
September 3, 2014 Filing 18 TEXT ORDER granting #16 Motion to Amend/Correct Signed by Honorable R Bryan Harwell on 9/3/2014.(prou, )
September 3, 2014 Filing 17 SECOND AMENDED SCHEDULING ORDER: Discovery due by 10/27/2014. Motions in limine must be filed at least three weeks prior to January 26, 2015. Motions due by 11/14/2014, Rule 26(a)(3) Disclosures due by 1/14/2015, Jury Selection Deadline 1/26/2015, Mediation Due by 12/12/2014. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable R Bryan Harwell on 9/3/2014. (prou, )
August 29, 2014 Filing 16 Joint MOTION to Amend/Correct #14 Scheduling Order,, by American General Life Insurance Company, Cornelius Lee Douglas, Sr. Response to Motion due by 9/15/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(Kristinik, Don) Modified on 9/4/2014 to replace with corrected document provided by filing user (prou, ).
June 13, 2014 Filing 15 TEXT ORDER granting #13 Motion to Amend/Correct Signed by Honorable R Bryan Harwell on 6/13/2014.(prou, )
June 13, 2014 Filing 14 FIRST CONSENT AMENDED SCHEDULING ORDER: Discovery due by 9/1/2014. Motions in limine must be filed at least three weeks prior to December 1, 2014. Responses to motions in limine must be filed within seven (7) days after the motion is filed. Motions due by 9/19/2014, Rule 26(a)(3) Disclosures due by 11/26/2014, Jury Selection Deadline 12/1/2014, ADR Statement due by 9/17/2014, Mediation Due by 10/17/2014. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable R Bryan Harwell on 6/13/2014. (prou, )
June 12, 2014 Filing 13 Joint MOTION to Amend/Correct #5 Conference and Scheduling Order by Cornelius Lee Douglas, Sr, American General Life Insurance Company. Response to Motion due by 6/30/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(Barth, Kevin) Modified on 6/13/2014 to add filer listed on document, to link correct event to associated event, and to remove proposed order (prou, ).
March 28, 2014 Filing 12 CONSENT CONFIDENTIALITY ORDER. Signed by the Honorable R Bryan Harwell on 3/27/2014. (hcic, )
March 26, 2014 Filing 11 Joint MOTION for Confidentiality Order by American General Life Insurance Company, Cornelius Lee Douglas, Sr. Response to Motion due by 4/14/2014. (Attachments: #1 Exhibit A - Consent Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Horne, Kristen)
January 8, 2014 Filing 10 Amended ANSWER to Complaint by American General Life Insurance Company.(Horne, Kristen)
January 6, 2014 Filing 9 Local Rule 26.03 Answers to Interrogatories by American General Life Insurance Company.(Horne, Kristen)
January 6, 2014 Filing 8 Joint Rule 26(f) Report by American General Life Insurance Company, Cornelius Lee Douglas Sr.(Horne, Kristen) Modified on 1/7/2014 to add filer listed on document (hcic, ).
January 6, 2014 Filing 7 Local Rule 26.03 Answers to Interrogatories by Cornelius Lee Douglas, Sr.(Barth, Kevin)
December 2, 2013 Filing 6 Local Rule 26.01 Answers to Interrogatories by Cornelius Lee Douglas, Sr.(Barth, Kevin)
December 2, 2013 Filing 5 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 12/23/2013, 26(a) Initial Disclosures due by 1/6/2014, Rule 26 Report due by 1/6/2014, Motions to Amend Pleadings due by 3/3/2014, Plaintiffs ID of Expert Witness due by 4/1/2014, Defendants ID of Expert Witnesses Due by 5/1/2014, Records Custodian Affidavit due by 5/1/2014, Discovery due by 6/30/2014, Motions due by 7/15/2014, Rule 26(a)(3) Disclosures due by 9/29/2014, Jury Selection Deadline 11/3/2014, ADR Statement due by 8/16/2014, Mediation Due by 9/15/2014. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by the Honorable R Bryan Harwell on 12/2/2013. (hcic)
November 27, 2013 Filing 4 ANSWER to Complaint (Notice of Removal) by American General Life Insurance Company. (hcic)
November 27, 2013 Filing 3 Local Rule 26.01 Answers to Interrogatories by American General Life Insurance Company. (hcic)
November 27, 2013 Filing 1 NOTICE OF REMOVAL from Florence County Court of Common Pleas, case number 2013-CP-21-3074 (filing fee $400 receipt number 0420-5060035), filed by American General Life Insurance Company. (Attachments: #1 State Court Documents) (hcic)

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Defendant: American General Life Insurance Company
Represented By: Don Lawrence Kristinik, III
Represented By: Kristen Elizabeth Horne
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Plaintiff: Cornelius Lee Douglas, Sr
Represented By: Kevin Mitchell Barth
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Not yet classified: Ashley B Nance
Represented By: Ashley Bruce Nance
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