U.S. Financial Life Insurance Company v. Diffie et al
| U.S. Financial Life Insurance Company |
| Joe Parker Diffie, Joshua Andrew Diffie, Theresa Diffie, Debbie Reichard, K.T.D., Kara Diffie and Tara Diffie |
| 3:2020cv00702 |
| August 17, 2020 |
| US District Court for the Middle District of Tennessee |
| Aleta A Trauger |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 25
ORDER: Answers are not due to be filed in this case until after the initial case management conference, presently scheduled for October 19, 2020. It is therefore ORDERED that the initial case management conference is RESET for Monday, November 2, 2020 at 2:30 p.m. Signed by District Judge Aleta A. Trauger on 10/9/2020. (am)
|
| TN State Bar status verified as active for Stephan Francis King admitted to this court. (am) |
| Filing 24 WAIVER OF SERVICE Returned Executed by U.S. Financial Life Insurance Company. Kara Diffie waiver sent on 8/21/2020. (Johnson, David) |
| Filing 23 WAIVER OF SERVICE Returned Executed by U.S. Financial Life Insurance Company. Debbie Reichard waiver sent on 8/21/2020. (Johnson, David) |
| Filing 22 WAIVER OF SERVICE Returned Executed by U.S. Financial Life Insurance Company. Joe Parker Diffie waiver sent on 8/21/2020. (Johnson, David) |
| Filing 21 WAIVER OF SERVICE Returned Executed by U.S. Financial Life Insurance Company. Joshua Andrew Diffie waiver sent on 8/21/2020. (Johnson, David) |
| Filing 20 NOTICE of Appearance by Stephan Francis King on behalf of Tara Diffie (King, Stephan) |
| (TN & TNMD) State Bar status verified as active for Alan T. Fister to this court. (am) |
| Filing 19 NOTICE of Appearance by Alan T. Fister on behalf of Joe Parker Diffie, Joshua Andrew Diffie, Kara Diffie (Fister, Alan) |
| Filing 18 NOTICE of Appearance by Alan T. Fister on behalf of Debbie Reichard (Fister, Alan) |
| Filing 17 Interpleader Deposit Received (28 U.S.C. Section 1335) in the amount of $1,516,890.41. (Receipt Number: 34675059886) (sw) |
| Filing 16 WAIVER OF SERVICE Returned Executed by U.S. Financial Life Insurance Company. Tara Diffie waiver sent on 8/21/2020. (Johnson, David) |
|
Filing 15
AMENDED ORDER FOR DEPOSIT OF DEATH BENEFIT: The Clerk of this Court shall accept a check for $1,516,890.41 to be deposited in accordance with Local Rule 67.01 of this Court. Counsel presenting this order serve a copy thereof on the Clerk of this Court or his Chief Deputy. Absent the aforesaid service, the Clerk is hereby relieved of personal liability relative to compliance with this order. All funds received shall be deposited in the Court Registry Investment System (CRIS) administered by the Administrative Office of the United States Courts pursuant to 28 U.S.C. 2045. Counsel shall designate the name and address of the individual, or individuals, who are to receive the monies in the order of disbursement of funds. Social Security numbers shall not be included in documents to be filed but shall be provided to the Clerk's Office upon request. Corporations, associations, and all others will supply the employer identification number with the correct title and address upon request of the Clerk's office. Signed by District Judge Aleta A. Trauger on 9/3/2020. (xc: Financial sent a copy of order via ecf.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 9/8/2020 (am).
|
| Filing 14 NOTICE of Filing by U.S. Financial Life Insurance Company AMENDED ORDER FOR DEPOSIT OF DEATH BENEFIT (Attachments: #1 Exhibit Amended Order for Deposit of Death Benefit)(Johnson, David) |
| State Bar status verified as active for (Admitted in TN Bar & TNMD) Donald Neil Capparella. (am) |
| Filing 13 NOTICE of Appearance by Donald Neil Capparella on behalf of Theresa Diffie, K.T.D. (Capparella, Donald) |
| Filing 12 WAIVER OF SERVICE Returned Executed by U.S. Financial Life Insurance Company. Theresa Diffie waiver sent on 8/21/2020. (Johnson, David) |
| TN State Bar status verified as active for Tyler C. Yarbro. (am) |
| Filing 11 NOTICE of Appearance by Tyler C. Yarbro on behalf of Theresa Diffie, K.T.D. (Yarbro, Tyler) |
|
Filing 10
ORDER FOR DEPOSIT OF DEATH BENEFIT: The Court having reviewed the Motion for Deposit of Death Benefit submitted by Plaintiff, U.S. Financial Life Insurance Company (USFL), and good cause having been shown, IT IS ORDERED that USFLs motion is GRANTED and the Court ORDERS as follows: 1. USFL shall distribute to the Clerk of this Court a check(s) equal to the sum of $1,500,000.00 (the Death Benefit), representing the benefits due as a result of the death of Joe Diffie (Insured) pursuant to individual life insurance policy number 0000372795 (the Policy), which was issued by USFL to the Insured, plus applicable interest; 2. The Clerk of Court shall deposit said Death Benefit into an interest- bearing account; 3. Upon deposit of the Death Benefit with the Clerk of Court, the Defendants shall be enjoined from instituting or prosecuting any proceeding in any State or United States court affecting the Policy or Death Benefit due thereunder, which is at issue in this Interpleader action until further order of the court; and 4. Upon deposit of the Death Benefit and applicable interest into the Court's Registry, USFL shall be discharged of all liability relating to payment of the Death Benefit and interest thereon. Signed by District Judge Aleta A. Trauger on 8/24/2020. (am)
|
|
Filing 9
ORDER granting #7 Motion to Deposit Death Benefit. Signed by District Judge Aleta A. Trauger on 8/24/2020. (am)
|
| Filing 8 MEMORANDUM in Support of #7 MOTION TO DEPOSIT DEATH BENEFITS filed by U.S. Financial Life Insurance Company . (Johnson, David) |
| Filing 7 MOTION TO DEPOSIT DEATH BENEFITS by U.S. Financial Life Insurance Company. (Attachments: #1 Attachment PROPOSED Order for Deposit)(Johnson, David) |
| Filing 6 BUSINESS ENTITY DISCLOSURE STATEMENT filed by U.S. Financial Life Insurance Company. (Johnson, David) |
| Filing 5 NOTICE of Initial Case Management Conference set for 10/19/2020 at 02:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (am) |
| Filing 4 Summons issued as to Joe Parker Diffie, Joshua Andrew Diffie, Kara Diffie, Tara Diffie, Theresa Diffie, K.T.D., Debbie Reichard. (Service packets sent to attorney by regular mail.) (am) |
| TN State Bar status verified as active for David L. Johnson. (am) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (am) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| Filing 1 COMPLAINT against Joe Parker Diffie, Joshua Andrew Diffie, Kara Diffie, Tara Diffie, Theresa Diffie, K.T.D., Debbie Reichard (Filing fee $400, Receipt number 0650-3197128), filed by U.S. Financial Life Insurance Company. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A - Tyler's Conservatorship, #3 Exhibit B - Policy Schedule, #4 Exhibit C - Application including original bene designation, #5 Exhibit D - June 17, 2019 Bene Chg, #6 Exhibit E - March 24, 2020 Bene Chg, #7 Exhibit F - Death Cert, #8 Exhibit G - Tara's Claim Form 4-17-20, #9 Exhibit H - Justin's claim form 4-17-20, #10 Exhibit I - Ltr from Theresa's Atty, #11 Exhibit J - USFL - Letter from A Creed_8-6-2020, #12 Exhibit K - Parker Email)(am) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Tennessee Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
