Allstate Life Insurance Company of New York v. Tyler-Howard et al
| Allstate Life Insurance Company of New York |
| Ruqayyah Howard, Kenneth E. Purvis, Cynthia Tyler-Howard and Cynthia Tyler |
| 3:2019cv00276 |
| April 4, 2019 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Alistair Newbern |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 22, 2021. A more recent docket listing may be available from PACER.
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Filing 53
ORDER: Pending before the Court is a Motion to Pay Judgment by Installments filed by Defendant Cynthia Tyler-Howard. (Doc. No. #51 ). Ms. Tyler-Howard has not provided the affidavit as required by statute. The affidavit section of the preprinted motion form she filed with the Court was left blank. Accordingly, the Motion to Pay Judgment by Installments #51 is DENIED. Signed by District Judge William L. Campbell, Jr on 7/22/2021.(xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 52
RESPONSE in Opposition re #51 MOTION Pay Judgment by Installments filed by Allstate Life Insurance Company of New York. (Attachments: #1 Exhibit Proof of Service)(Irwin, Philip)
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Filing 51
MOTION to Pay Judgment by Installments by Cynthia Tyler-Howard. (ln)
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Filing 48
ORDER: Therefore, the Motion for Sanctions (Doc. No. #34 ) is DENIED. Signed by District Judge William L. Campbell, Jr on 6/8/2021.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 47
Mail Returned as "unclaimed" #41 Order (with copies of Docket Entries #7 , 10 , #17 , #19 , #20 , #23 , #26 , #28 , #33 , #36 , #37 , and #38 . Mail sent to Cynthia Tyler-Howard. (ln)
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Filing 46
AFFIDAVIT of Philip D. Irwin Concerning Rescheduling of Deposition Duces Tecum of Defendant Cynthia Tyler-Howard a/k/a Cynthia Tyler by Allstate Life Insurance Company of New York. (Irwin, Philip)
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Filing 45
AFFIDAVIT of C. Patrick McKellar by Allstate Life Insurance Company of New York. (Attachments: #1 Attachment Notice of Deposition)(Irwin, Philip)
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Filing 44
NOTICE by Allstate Life Insurance Company of New York Notice of Deposition (Attachments: #1 Exhibit A - Post-Judgment Discovery, #2 Exhibit B - Order)(Irwin, Philip)
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Filing 43
NOTICE of Filing by Allstate Life Insurance Company of New York (Irwin, Philip)
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Filing 42
CERTIFIED MAIL RECEIPT re #41 Order. (ln)
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Filing 41
ORDER: On April 8, 2021, at 3:30 p.m., the Court held a hearing on Plaintiff's Motion for Sanctions concerning Defendant's failure to respond to post-judgment interrogatories and request for production of documents. (Doc. No. #34 ). In accordance with the discussions during the hearing, the Court ORDERS the following: Plaintiff will notice the deposition of Defendant to take place at the United States District Court, 801 Broadway, Nashville, TN 37202, in Courtroom A826. The Clerk of Court will send Defendant a copy of this Order and all previous orders in this case by U.S. Certified Mail with signature confirmation of delivery. Defendant Cynthia Tyler-Howard is hereby ORDERED to appear at the United States District Court, 801 Broadway, Nashville, TN 37202, in Courtroom A826, at the time and date provided in the Notice of Deposition. Signed by District Judge William L. Campbell, Jr on 4/9/2021. (xc:Pro se party by certified mail along with copies of Docket Entries #7 , 10 , #17 , #19 , #20 , #23 , #26 , #28 , #33 , #36 , #37 , and #38 via certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 40
Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Motion Hearing held on 4/8/2021 re #34 MOTION for Sanctions filed by Allstate Life Insurance Company of New York. Defendant did not appear. Order to enter. (Court Reporter Patty Jennings.) (Hearing lasted :17)(JRJ)
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Filing 39
SUPPLEMENT filed by Allstate Life Insurance Company of New York re #34 Motion for Sanctions. (Attachments: #1 Exhibit A-Order, #2 Exhibit B-Quitclaim Deed, #3 Exhibit C-Deed of Release, #4 Exhibit D-Trustee's Final Report)(Irwin, Philip)
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Filing 38
ORDER: Pending before the Court is Plaintiff's Motion for Sanctions. (Doc. No. #34 ). Accordingly, the Court will hold a hearing on the motion on April 8, 2021, at 3:30 p.m. Signed by District Judge William L. Campbell, Jr on 3/22/2021. (xc:Cynthia Tyler-Howard by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 37
ORDER: The Clerk shall update the docket with this address so that Ms. Tyler-Howard will automatically receive notice of the Court's orders in the future. In addition, the Clerk shall send Ms. Tyler-Howard a copy of the docket in this case and the following documents relevant to the pending Motion for Sanctions: Plaintiff's Motion for Sanctions (Doc. No. #34 ); Plaintiff's Memorandum (Doc. No. #35 ); the Court's December 11, 2020 Order (Doc. No. #36 ); and the instant Order (Doc. No. #37 ). Defendant shall file a response to the Motion for Sanctions (Doc. No. #34 ) by February 16, 2021. Signed by District Judge William L. Campbell, Jr on 02/03/2021. (xc: Copy of docket, Plaintiff's Motion for Sanctions (Doc. No. #34 ); Plaintiff's Memorandum (Doc. No. #35 ); the Court's 12/11/2020 Order (Doc. No. #36 ); and the instant Order (Doc. No. #37 ) mailed to Cynthia Tyler-Howard.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 36
ORDER: Pending before the Court is Plaintiff's Motion for Sanctions. (Doc. No. #34 ). On or before December 18, 2020, Defendant Cynthia Tyler-Howard shall respond to the motion. Failure to respond may result in the Court requiring Defendant to appear to show cause why contempt is not an appropriate remedy. Signed by District Judge William L. Campbell, Jr on 12/11/2020. (xc:Cynthia Tyler-Howard by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 35
MEMORANDUM in Support of #34 MOTION for Sanctions filed by Allstate Life Insurance Company of New York . (Irwin, Philip)
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Filing 34
MOTION for Sanctions by Allstate Life Insurance Company of New York. (Attachments: #1 Attachment Proposed Order)(Irwin, Philip)
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Filing 33
ORDER: Motion to Compel Discovery Responses #29 is GRANTED. Defendant Cynthia Tyler-Howard is ORDERED to respond to and produce the documents requested in Allstate Life's Interrogatories and Request for Production of Documents no later than May 4, 2020. Defendant is warned that failure to comply with a Court Order may result in sanctions, including being held in contempt of court. Fed. R. Civ. P. 37(b)(2)(A). Signed by District Judge William L. Campbell, Jr on 4/3/2020. (xc: Cynthia Tyler-Howard by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 4/3/2020 (dt).
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Filing 32
Proposed Order to Main Document re: #29 MOTION to Compel Discovery Responses. (Irwin, Philip) Modified on 2/5/2020 (mg).
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Filing 31
AFFIDAVIT re #29 MOTION to Compel Discovery Responses of Philip D. Irwin by Allstate Life Insurance Company of New York. (Irwin, Philip)
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Filing 30
MEMORANDUM in Support of #29 MOTION to Compel Discovery Responses filed by Allstate Life Insurance Company of New York . (Attachments: #1 Exhibit A-Interrogatories, #2 Exhibit B-Requests for Production, #3 Exhibit C-Messenger Request/Receipt)(Irwin, Philip)
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Filing 29
MOTION to Compel Discovery Responses by Allstate Life Insurance Company of New York. (Irwin, Philip)
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Filing 28
ORDER: Pending before the Court is the Plaintiff's Notice of Voluntary Dismissal as to Defendants Ruqayyah Howard and Kenneth E. Purvis. (Doc. No. 27). Plaintiff's claims as to the third defendant, Cynthia Tyler-Howard, have already been resolved. (Doc. No. 26). Considering the Plaintiff's Notice, the Court finds that there is nothing further to be done in this action. The Clerk is directed to close the file. Signed by District Judge William L. Campbell, Jr on 10/28/2019. (am)
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Filing 27
NOTICE of Voluntary Dismissal by Allstate Life Insurance Company of New York (Irwin, Philip)
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Filing 26
ORDER: Pending before the Court is Plaintiff's Motion for Entry of Default Judgment Against Defendants Cynthia Tyler-Howard a/k/a Cynthia Howard and RuQayyah Howard (Doc. No. #24 ). For the reasons stated in the accompanying Memorandum #25 , the Motion for Entry of Default Judgment (Doc. No. #24 ) is GRANTED, in part, DENIED, in part. The Court awards damages in favor of Plaintiff against Cynthia Tyler-Howard a/k/a Cynthia Tyler in the amount of $338,831.67 for damages and $108,153.91 in prejudgment interest. The Motion for Preliminary Injunction and Writ of Attachment (Doc. No. #12 ) is MOOT. On or before October 23, 2019, Plaintiff shall notify the Court of its intent to proceed with the claims against RuQayyah Howard and Kenneth Purvis or file a notice of voluntary dismissal as to those defendants. Signed by District Judge William L. Campbell, Jr on 10/8/2019. (mg)
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Filing 25
MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 10/8/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 24
MOTION for Default Judgment as to Ruqayyah Howard, Cynthia Tyler-Howard by Allstate Life Insurance Company of New York. (Irwin, Philip)
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Filing 23
ORDER granting #21 Motion for Entry of Default.Signed by Kirk L. Davies on 8/8/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) (xc: Copy of this Order sent by regular mail to Defendants Cynthia Tyler-Howard and RuQayyah Howard. Modified on 8/13/2019 (mg).
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Filing 22
AFFIDAVIT re #21 Supplemental MOTION for Default Judgment as to Allstate Life Insurance Company of New York Supplemental Affidavit of Philip D Irwin by Allstate Life Insurance Company of New York. (Irwin, Philip)
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Filing 21
Supplemental MOTION for Default Judgment as to Allstate Life Insurance Company of New York by Allstate Life Insurance Company of New York. (Attachments: #1 Attachment Entry of Default)(Irwin, Philip)
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Filing 20
ORDER denying #15 Motion for Entry of Default. Signed by Kirk L. Davies on 7/22/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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Filing 19
ORDER: Plaintiff Allstate Life Insurance Company of New York moves to ascertain the status of this case (Doc. No. #18 ). That motion is GRANTED. Because no defendant has appeared and because Plaintiff has moved for entry of default judgment, the Magistrate Judge cancelled the initial case management conference (Doc. No. #17 ) pending resolution of the defendants' status in this action-in other words, pending determination of whether a default judgment is appropriate. The Magistrate Judge also ordered that Plaintiff move to reset the initial case management conference within seven days of any defendant's appearance in the action, should such an event occur. Signed by Magistrate Judge Alistair Newbern on 7/23/2019.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 18
MOTION to Ascertain Status of Case by Allstate Life Insurance Company of New York. (Irwin, Philip)
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Filing 17
ORDER: Per the Court's May 29, 2019 order, the initial case management conference in this matter was continued to July 24, 2019, because no defendant had yet appeared in the action. That is still the case, and Plaintiff Allstate Life Insurance Company of New York has moved for entry of default. (Doc. No. #15 .) Accordingly, the initial case management conference set for July 24, 2019, is CANCELLED pending resolution of the defendants' status. Plaintiff shall move to reset the initial case management conference within seven days of any defendant's appearance in this action. Signed by Magistrate Judge Alistair Newbern on 7/16/2019. (mg)
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Filing 16
AFFIDAVIT of Philip D. Irwin by Allstate Life Insurance Company of New York. (Attachments: #1 Exhibit Calculation of wrongfully made payments)(Irwin, Philip)
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Filing 15
MOTION for Entry of Default as to Ruqayyah Howard, Cynthia Tyler-Howard by Allstate Life Insurance Company of New York. (Attachments: #1 Exhibit C. Howard Return of Service, #2 Exhibit R. Howard Return of Service)(Irwin, Philip) Modified on 6/11/2019 (af).
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Filing 14
AFFIDAVIT re #12 MOTION for Preliminary Injunction and for Writ of Attachment of Eugene C. Sanford by Allstate Life Insurance Company of New York. (Irwin, Philip)
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Filing 13
MEMORANDUM in Support of #12 MOTION for Preliminary Injunction and for Writ of Attachment filed by Allstate Life Insurance Company of New York . (Irwin, Philip)
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Filing 12
MOTION for Preliminary Injunction and for Writ of Attachment by Allstate Life Insurance Company of New York. (Irwin, Philip)
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Filing 11
NOTICE of Filing by Allstate Life Insurance Company of New York Affidavit of C. Patrick McKellar (Attachments: #1 Exhibit Affidavit of C. Patrick McKellar)(Irwin, Philip)
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Filing 10
ORDER: This matter is set for an initial case management conference on June 3, 2019. Because no defendant has yet appeared in the action, the initial case management conference is CONTINUED to July 24, 2019, at 9:30 a.m. The parties shall file a joint proposed case management order by July 22, 2019. Signed by Magistrate Judge Alistair Newbern on May 29, 2019. (AN)
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Filing 9
SUMMONS returned executed by Allstate Life Insurance Company of New York. Ruqayyah Howard served on 5/17/2019. (Irwin, Philip) Modified text on 6/11/2019 (mg).
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Filing 8
SUMMONS returned executed by Allstate Life Insurance Company of New York. Cynthia Tyler-Howard served on 4/25/2019. (Irwin, Philip)
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Filing 7
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 4/8/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 6
Summons issued as to Ruqayyah Howard, Kenneth E. Purvis, Cynthia Tyler-Howard. (gb)
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| Filing 5 RECEIPT #34675054376 in the amount of $400.00 posted by Allstate Life Insurance Company of New York re #1 Complaint. (mg) |
| Filing 4 NOTICE of Initial Case Management Conference set for 6/3/2019 at 10:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (gb) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb) |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Allstate Life Insurance Company of New York. (gb) |
| Filing 1 COMPLAINT against Ruqayyah Howard, Kenneth E. Purvis, Cynthia Tyler-Howard (Filing fee paid $400, Receipt number 34675054376), filed by Allstate Life Insurance Company of New York. (Attachments: #1 Attachment Executed Verification, #2 Exhibit A - Settlement Agreement and Release, #3 Exhibit B - Order, #4 Exhibit C - Uniform Qualified Assignment and Release, #5 Exhibit D - Allstate Application, #6 Exhibit E - 1/23/95 Letter, #7 Exhibit F - Smart Deposit Authorization, #8 Exhibit G - Obituary, #9 Exhibit H - 8-3-07 Letter and Attachments, #10 Exhibit I - Notice & Order, #11 Exhibit J - Cynthia Tyler 6-11-10 Note, #12 Exhibit K - Allstate Information Request, #13 Attachment Civil Cover Sheet, #14 Attachment Filing Fee Receipt) Service copies will be picked up by counsel.(gb) |
| TN State Bar status verified as active for Philip D. Irwin. (gb) |
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