Lenhard v. Liberty Bankers Life Insurance Company et al
| Walter H Lenhard, III |
| Continental Life Insurance Company, Liberty Bankers Life Insurance Company and Bradford A Phillips |
| 3:2018cv01846 |
| July 18, 2018 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| XX US, Outside State |
| David C Godbey |
| Barbara MG Lynn |
| Contract: Other Contract |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2018. A more recent docket listing may be available from PACER.
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Filing 35
ORDER OF CONSOLIDATION: The joint motion to consolidate in 3:18cv1846 #34 is granted. Pursuant to L.R. 42.1, all pleadings, motions, or other papers will be filed in Civil Action No. 3:16cv2417-N. The clerk of court shall administratively close 3:18-CV-1846-N for statistical purposes. (Ordered by Judge David C Godbey on 9/7/2018) (sss)
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| Filing 34 Joint MOTION to Consolidate Cases filed by Continental Life Insurance Company, Liberty Bankers Life Insurance Company, Bradford A Phillips (Holmgren, Dennis) |
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Filing 33
ORDER REQUIRING STATUS AND SCHEDULING CONFERENCE: The parties are directed to confer within 14 days of the date of this Order, and report to the Court within 14 days after the conference. (Ordered by Judge David C Godbey on 7/20/2018) (epm)
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Filing 32
TRANSFER ORDER: This civil action is hereby TRANSFERRED to the docket of United States District Judge David C. Godbey. Going forward, this case will be designated by the letter suffix N, rather than the letter suffix M. Case reassigned to Judge David C Godbey for all further proceedings. Chief Judge Barbara M.G. Lynn no longer assigned to case. (Ordered by Chief Judge Barbara M.G. Lynn on 7/19/2018) (epm)
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| Filing 31 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (rekc) |
| Filing 30 Case electronically transferred in from District of Pennsylvania Eastern; Case Number 2:16-cv-02385. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 29
ORDER OF 7/12/18 THAT UPON CONSIDERATION OF DEFENDANTS' UNOPPOSED MOTION TO TRANSFER VENUE, IT IS HEREBY ORDERED THAT DEFENDANTS' MOTION IS GRANTED. THE CLERK IS HEREBY DIRECTED TO TRANSFER THIS ACTION TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS-DALLAS DIVISION. 7/13/18 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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Filing 28
ORDER THAT THE ABOVE-CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE LEGROME D. DAVIS, TO THE CALENDAR OF THE HONORABLE C. DARNELL JONES, II. SIGNED BY KATE BARKMAN, CLERK OF COURT ON 5/17/18. 5/17/18 ENTERED AND COPIES E-MAILED.(kw, ) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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| Filing 27 MOTION to Transfer filed by CONTINENTAL LIFE INSURANCE COMPANY, LIBERTY BANKERS LIFE INSURANCE COMPANY, BRADFORD A. PHILLIPS. Memorandum of Law, Certificate of Service. (Attachments: #1 Declaration, #2 Declaration Part I, #3 Declaration Part II)(MARIOTTI, LESLIE) Modified on 5/17/2018 (tjd). [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 26 STATUS REPORT by WALTER H. LENHARD, III. (Attachments: #1 Certificate of Service Certificate of Service)(FINNERTY, MEGHAN) Modified on 1/12/2018 (fb). [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 25 STATUS REPORT Joint Supplemental by WALTER H. LENHARD, III. (LEVIN, JAY) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 24 NOTICE of Withdrawal of Appearance by MIRANDA JANNUZZI on behalf of WALTER H. LENHARD, III. Certificate of Service. (Attachments: #1 Certificate of Service Certificate of Service)(JANNUZZI, MIRANDA) Modified on 11/3/2016 (tjd). [Transferred from Pennsylvania Eastern on 7/18/2018.] |
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Filing 23
ORDER THAT THE CLAIM FOR TORTIOUS INTERFERENCE (COUNT 3) IS DISMISSED WITHOUT PREJUDICE. DEFTS' MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR JURISDICTIONAL DISCOVERY (DOC. NO. 10) IS DENIED. THIS MATTER IS STAYED PENDING RESOLUTION OF THE TEXAS MATTER. THE CLERK OF THE COURT SHALL ADMINISTRATIVELY CLOSE THIS CASE. PLFF MAY SEEK TO REOPEN THIS CASE, IF NECESSARY, WITHIN 30 DAYS OF THE ENTRY OF FINAL JUDGMENT IN THE TEXAS MATTER, ETC. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/26/16. 10/26/16 ENTERED AND COPIES E-MAILED.(kw, ) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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Filing 22
ORDER THAT PARTIES SHALL JOINTLY ADVISE THE COURT, IN WRITING, AS TO THE STATUS OF THE TEXAS ACTION, ON JANUARY 1 AND JULY 1 OF EACH YEAR. IT IS FURTHER ORDERED THAT THE FIRST JOINT STATUS REPORT SHALL BE FILED NO LATER THAN 7/1/2017. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/24/16. 10/25/16 ENTERED AND COPIES E-MAILED.(kw, ) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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| Filing 21 PLAINTIFFS SUR-REPLY BRIEF IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR JURISDICTIONAL DISCOVERY filed by WALTER H. LENHARD, III. SUPPLEMENTAL DECLARATION. (gs) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
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Filing 20
ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' REPLY BRIEF #16 , AND DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION TO STRIKE #17 , IT IS ORDERED THAT PLAINTIFF'S MOTION IS GRANTED IN PART AND DENIED IN PART. IT IS DENIED WITH RESPOECT TO STRIKING DEFENDANTS' REPLY BRIEF. THE MOTION IS GRANTED WITH RESPECT TO LEAVE TO FILE A SUR-REPLY BRIEF. THE CLERK SHALL DOCKET PLAINTIFF'S SUR-REPLY BRIEF IN OPPOSITION (16-1) AS AN INDEPENDENT ENTRY IN THE DOCKET. SIGNED BY HONORABLE LEGROME D. DAVIS ON 9/26/16.9/26/16 ENTERED AND COPIES E-MAILED.(gs) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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Filing 19
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE MITCHELL S. GOLDBERG TO HONORABLE LEGROME D. DAVIS FOR ALL FURTHER PROCEEDINGS. SIGNED BY LUCY V. CHIN, INTERIM CLERK OF COURT ON 8/30/16. 8/30/16 ENTERED AND COPIES MAILED, E-MAILED.(gs) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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Filing 18
ORDER THAT APPLICATION OF MITCHELL MADDEN, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND FOR HONORABLE MITCHELL S. GOLDBERG ON 8/23/16.8/24/16 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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| Filing 17 RESPONSE to Motion re #16 MOTION to Strike #14 Reply to Response to Motion, or in the Alternative, For Leave to File Sur-Reply Brief filed by CONTINENTAL LIFE INSURANCE COMPANY, LIBERTY BANKERS LIFE INSURANCE COMPANY, BRADFORD A. PHILLIPS. (MARIOTTI, LESLIE) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 16 MOTION to Strike #14 Reply to Response to Motion, or in the Alternative, For Leave to File Sur-Reply Brief filed by WALTER H. LENHARD, III.Brief, Declaration, Certificate of Service. (Attachments: #1 Exhibit A, #2 Text of Proposed Order, #3 Text of Proposed Order)(LEVIN, JAY) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
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Filing 15
ORDER THAT A TELEPHONE CONFERENCE WILL BE HELD ON 8/29/2016 AT 11:30 AM BEFORE HONORABLE MITCHELL S. GOLDBERG. THE COURT FURTHER NOTES THAT THE MOTION FOR PRO HAC VICE OF MITCHELL MADDEN, ESQ. (DOC. NO. 8) HAS NOT BEEN GRANTED BECAUSE THE DOCKET REFLECTS THAT THE REQUIRED ADMISSION FEE HAS NOT BEEN PAID. IN ORDER FOR MR. MADDEN TO PARTICIPATE IN THE TELEPHONEN CONFERENCE, HE MUST PAY THE REQUIRED ADMISSION FEE, AND IT MUST BE REFLECTED ON THE DOCKET. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/15/2016. 8/16/2016 ENTERED AND COPIES MAILED AND E-MAILED.(ahf) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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| Filing 14 REPLY Brief in Support re #10 MOTION to Dismiss , or, in the Alternative, for Jurisdictional Discovery filed by CONTINENTAL LIFE INSURANCE COMPANY, LIBERTY BANKERS LIFE INSURANCE COMPANY, BRADFORD A. PHILLIPS. (Attachments: #1 Certificate of Service)(MARIOTTI, LESLIE) Modified on 8/8/2016 (lisad, ). [Transferred from Pennsylvania Eastern on 7/18/2018.] |
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Filing 13
ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF DENNIS M. HOLMGREN, ESQUIRE, IS GRANTED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/4/2016.8/4/2016 ENTERED AND COPIES MAILED W/ECF APP AND E-MAILED.(ahf) [Transferred from Pennsylvania Eastern on 7/18/2018.]
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| Filing 12 RESPONSE in Opposition re #10 MOTION to Dismiss , or, in the Alternative, for Jurisdictional Discovery filed by WALTER H. LENHARD, III. (Attachments: #1 Text of Proposed Order Order, #2 Declaration Exhibit A, #3 Exhibit Exhibit B, #4 Declaration Exhibit C, #5 Certificate of Service COS)(LEVIN, JAY) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 11 NOTICE of Appearance by MIRANDA JANNUZZI on behalf of WALTER H. LENHARD, III with Certificate of Service (Attachments: #1 Certificate of Service)(JANNUZZI, MIRANDA) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 10 MOTION to Dismiss , or, in the Alternative, for Jurisdictional Discovery filed by CONTINENTAL LIFE INSURANCE COMPANY, LIBERTY BANKERS LIFE INSURANCE COMPANY, BRADFORD A. PHILLIPS.Memorandum of Law and Certificate of Service.(MARIOTTI, LESLIE) Modified on 7/15/2016 (lisad, ). [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 9 MOTION for Pro Hac Vice filed by CONTINENTAL LIFE INSURANCE COMPANY, LIBERTY BANKERS LIFE INSURANCE COMPANY, BRADFORD A. PHILLIPS.Certificate of Service.(MARIOTTI, LESLIE) (Filing fee paid on 8/2/16, #PPE144455) Modified on 8/2/2016 (kw, ). [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 8 MOTION for Pro Hac Vice filed by CONTINENTAL LIFE INSURANCE COMPANY, LIBERTY BANKERS LIFE INSURANCE COMPANY, BRADFORD A. PHILLIPS.Certificate of Service.(MARIOTTI, LESLIE) (Fee paid on 8/19/16) Modified on 8/19/2016 (kw, ). [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 7 NOTICE of Appearance by LESLIE A. MARIOTTI on behalf of CONTINENTAL LIFE INSURANCE COMPANY, LIBERTY BANKERS LIFE INSURANCE COMPANY, BRADFORD A. PHILLIPS with Certificate of Service(MARIOTTI, LESLIE) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 6 AFFIDAVIT of Service by USPS re: served Summons and Complaint on Bradford A. Phillips by Certified Mail on 06/28/2016 (LEVIN, JAY) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 5 AFFIDAVIT of Service by USPS re: served Summons and Complaint on Liberty Bankers Life Insurance Company by Certified Mail on 06/28/2016 (LEVIN, JAY) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 4 AFFIDAVIT of Service by USPS re: served Summons and Complaint on Bradford A. Phillips by Certified Mail on 06/28/2016 (LEVIN, JAY) *FILED IN ERROR BY ATTORNEY; ATTORNEY TO RE-FILE CORRECT DOCUMENT* Modified on 7/6/2016 (lisad, ). [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 3 SUMMONS Returned Executed by WALTER H. LENHARD, III re: William Alexander served Summons and Complaint upon CONTINENTAL LIFE INSURANCE COMPANY by Personal Service. CONTINENTAL LIFE INSURANCE COMPANY served on 6/23/2016, answer due 7/14/2016. (LEVIN, JAY) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 2 NOTICE by WALTER H. LENHARD, III re #1 Complaint of Jury Demand (LEVIN, JAY) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 140531.), filed by WALTER H. LENHARD, III. (Attachments: #1 Signature Page (Complaint), #2 Civil Cover Sheets)(tj, ) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
| Summons 3 Issued as to CONTINENTAL LIFE INSURANCE COMPANY, LIBERTY BANKERS LIFE INSURANCE COMPANY, BRADFORD A. PHILLIPS. Forwarded To: Counsel on 5/18/16 (tj, ) [Transferred from Pennsylvania Eastern on 7/18/2018.] |
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