Armstrong et al v. Symetra Life Insurance Co. et al
| Robert D. Armstrong and John D. Armstrong |
| Symetra Life Insurance Co., Aetna Casualty & Surety Co., St. Paul Travelers Casualty & Surety Co., Structured Benefits of Florida and Pacific Life Insurance Co. |
| 3:2008cv00974 |
| October 3, 2008 |
| US District Court for the Middle District of Tennessee |
| Insurance Office |
| Robertson |
| Juliet E. Griffin |
| John T. Nixon |
| Both |
| Diversity |
| 28:1441 Notice of Removal- Insurance Contract |
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The following documents for this case are available for you to view or download:
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Filing
115
ORDER: On 11/11/2010, the parties filed a mediation report 114 , advising that they were able to reach a settlement of all claims in this case as a result of their participation in private mediation conducted on 11/9/2010. As a result, the Motion to Dismiss or to Remand filed by the third-party defendants 104 is rendered MOOT and the Clerk is directed to terminate that motion as pending. Therefore, by 12/13/2010, counsel for the parties shall file a proposed "New Orleans" order, pro viding that the parties have reached a full settlement and that the case is dismissed with prejudice, but that the parties have leave to reopen the case, upon motion, if the settlement is not consummated by [whatever deadline]. The Clerk is directed to forward the file in this case to the Honorable John T. Nixon for his consideration of the parties' proposed "New Orleans" agreed order of dismissal to be filed by 12/13/2010. Unless otherwise directed by the Court or upon motion of the parties, there will be no further proceedings before the Magistrate Judge in this case. Signed by Magistrate Judge Juliet E. Griffin on 11/29/10. (dt)
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Filing
106
ORDER: On 9/30/2010, third-party defendants Bob and Beverly Armstrong filed a motion to dismiss or, alternatively, to remand to state court 104 . In accord with the order entered 5/10/2010 50 , any response to the pending motion shall be filed by 1 0/21/2010. Any reply, if necessary, shall be filed within 14 days of the filing of any response or by 11/4/2010, if the response is filed on 10/21/2010. After review of the parties' joint mediation report to be filed by 11/12/2010, as provided in the order entered 9/13/2010 95 , the file will be forwarded to the Honorable John T. Nixon, as appropriate, for his consideration of the pending motion, any response, and any reply. Signed by Magistrate Judge Juliet E. Griffin on 9/30/10. (dt)
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Filing
95
ORDER: In accord with the order entered August 30, 2010 (Docket Entry No. 90), defendant Travelers Casualty & Surety Company and Travelers Indemnity Company filed a mediation status report on behalf of all parties in the case, advising the Court that Bob and Beverly Armstrong have retained counsel, and that the parties have scheduled a mediation on November 9, 2010. Third-party defendants Beverly and Bob Armstrong shall ensure that their attorney files a notice of entry of appearance on their be halves as soon as possible. By November 12, 2010, the parties shall file another joint mediation report, confirming that they participated in private mediation on November 9, 2010, and advising whether they were able to reach a settlement, and, if so , when they will file an agreed order or stipulation of dismissal or other dismissal/settlement document, and, if not, whether the potential for settlement remains. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 9/13/10. (xc:Pro se party by regular and certified mail.)(af)
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Filing
90
ORDER: Telephone conference call held on 8/25/10, at which time Mr. Armstrong reported that he believes that they are "very close" to obtaining a lawyer. By 9/10/2010, the parties shall file a status report, advising whether or not Bob and Beverly Armstrong have obtained an attorney and when he/she will enter an appearance on their behalves, if such attorney has not already done so, and when private mediation is scheduled and with whom. Signed by Magistrate Judge Juliet E. Griffin on 8/30/10. (dt)
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Filing
89
ORDER: Telephone conference held on 8/12/2010 with third-party defendants Beverly and Bob Armstrong and with counsel for the plaintiffs and defendants. Discovery deadline extended to 10/1/2010. Deadline for filing any motions relating to fact discov ery is extended to 10/15/2010. All other deadlines provided in the orders entered 5/10/2010 49 and 50 remain in full force and effect. A further telephone conference call is scheduled with counsel for the plaintiffs and defendants and with Beverl y and Bob Armstrong on Wednesday, 8/25/2010, at 3:00 p.m., to be arranged by counsel for defendant Pacific Life Insurance Co., to address whether Mr. and Mrs. Armstrong have obtained counsel and, if so, whether or when the parties have scheduled priv ate mediation. The Clerk is directed to mail a copy of this order to Bob and Beverly Armstrong, 4230 Armstrong Road, Springfield, TN 37172, by regular, first class mail (only). Signed by Magistrate Judge Juliet E. Griffin on 8/13/10. (xc: Bob and Beverly Armstrong by regular, first class mail)(dt)
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Filing
87
ORDER granting 84 Motion for Leave to File Cross-Complaint. The Clerk is directed to file and docket the cross-complaint of defendant Symetra LifeInsurance Company. Defendant Travelers Indemnity Company shall have until 8/31/2010, to file a response to the cross-complaint. Signed by Magistrate Judge Juliet E. Griffin on 8/10/10. (dt)
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Filing
86
ORDER: Telephone Conference set for 8/12/2010 at 2:00 PM, central time, to be initiated by counsel for defendant Pacific Life Insurance Company, to address the potential for settlement, the parties' plans to engage in mediation, and any other ap propriate matters. If third party defendants Bob and Beverly Armstrong have obtained a lawyer to represent them in this case, their lawyer shall participate in the conference call. If they have not yet obtained a lawyer to represent them, counsel for defendant Pacific Life shall insure that they participate in the conference call themselves. The Clerk is directed to mail a copy of this order to Bob and Beverly Armstrong, by regular, first class mail (only). Signed by Magistrate Judge Juliet E. Griffin on 8/2/10. (dt)
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Filing
83
ORDER: Parties filed a "Settlement/ADR Report" on 7/15/2010 82 , in which they advised that they are currently engaged in settlement discussions and "believe that mediation may be beneficial following those efforts." By 7/30/2010 , the parties shall file another mediation/status report. The Clerk is directed to mail a copy of this order to Bob and Beverly Armstrong by regular, first class mail (only). Signed by Magistrate Judge Juliet E. Griffin on 7/19/10. (xc: Bob and Beverly Armstrong by regular, first class mail.)(dt)
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Filing
54
ORDER: Defendants' Joint Motion for Leave to File Third-Party Complaint 53 is Granted. The defendants have leave to file a third party complaint against Robert and Beverly Armstrong. However, the defendants shall file the third party complaint s no later than June 8, 2010, and shall effect service upon the third party defendants as expeditiously as possible, so that they can beserved and have the opportunity to obtain counsel prior to the depositions scheduled on July 7-9, 2010. Signed by Magistrate Judge Juliet E. Griffin on 6/2/10. (dt)
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Filing
52
ORDER granting 51 Motion to Substitute Party. Travelers Casualty & Surety Company and Travelers Indemnity Company added. Aetna Casualty & Surety Co. and St. Paul Travelers Casualty & Surety Co. terminated. Signed by Magistrate Judge Juliet E. Griffin on 5/17/10. (dt)
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Filing
50
ORDER: Counsel for the parties called the Court on 4/26/10, at which time the following matters were addressed: On 7/15/10, the parties shall file a joint mediation report. In consultation with Judge Nixon's office, a Jury Trial is set for 5/31 /2011 at 9:00 AM. Proposed Pretrial Order due by 5/13/2011. Pretrial Conference is set for 5/20/2011 at 10:00 AM before Senior Judge John T. Nixon. Exhibit List and Witness List due by 5/13/2011. Signed by Magistrate Judge Juliet E. Griffin on 5/10/10. (dt)
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Filing
47
ORDER: Counsel for the parties shall convene a Telephone Conference all with the Court on 4/26/2010 at 3:00 PM, central time, to be initiated by counsel for Symetra, to address extended deadlines, a new trial date, whether the names of any of the def endants should be revised, whether Structured Benefits of Florida is a separate defendant, the potential for settlement, propriety of ADR, and any other appropriate matters. Prior to 4/26/2010, counsel for the parties shall confer with each other to determine if they can agree upon proposed extended scheduling deadlines. Signed by Magistrate Judge Juliet E. Griffin on 4/12/10. (dt)
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