Nationwide Life and Annuity Insurance Company v. Mendez et al
| Nationwide Life and Annuity Insurance Company and/or Nationwide Life and Annuity Company of America and Nationwide Life and Annuity Insurance Company |
| Analisa Renee Mendez, Charles Wallace, Jeremy Dill and Calvin T McKibben |
| 3:2022cv02251 |
| October 6, 2022 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| David L Horan |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Interpleader Action |
| None |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ORDER REQUIRING MOTION: The parties shall file an appropriate motion with a proposed order by December 8, 2023. (Ordered by Magistrate Judge David L. Horan on 11/16/2023) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 32. Thu Nov 16 14:26:14 CST 2023 (crt) |
| Filing 31 Joint STATUS REPORT filed by Charles Wallace. (Hartnett, Will) |
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Filing 29
ORDER REQUIRING DEFENDANTS TO CONFER AND TO FILE JOINT STATUS REPORT: The Court now ORDERS all defendants to meet and confer in person, over the telephone, or through videoconferencing not later than November 8, 2023. Wallace, on behalf of the parties, shall then file, not later than November 15, 2023, a joint status report setting out the parties' discussion and, if applicable, the proposed schedule. (Ordered by Magistrate Judge David L. Horan on 10/25/2023) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No: 29. Wed Oct 25 14:00:29 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:28. Mon Oct 23 11:43:15 CDT 2023 (crt) |
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Filing 28
PRETRIAL MANAGEMENT ORDER: The court refers this case to United States Magistrate Judge David L. Horan for pretrial management. See 28 U.S.C. 636(b). (Ordered by Senior Judge A. Joe Fish on 10/20/2023) (twd)
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Filing 27
ORDER: No later than 10/13/2023, each defendant shall file a written report on any matters relevant to the status and disposition of this case. (Ordered by Senior Judge A. Joe Fish on 9/25/2023) (axm)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Mon Sep 25 11:10:11 CDT 2023 (crt) |
| Interpleader Deposit Received (28 U.S.C. Section 1335) in the amount of $220,084.41 (ali) |
| Filing 26 Mail returned as undeliverable. #24 Order on Motion for Miscellaneous Relief, received back from Analisa Renee Mendez as Not Deliverable as Addressed. No address update from last filed document. The current document has not been re-mailed. (agc) |
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Filing 25
JUDGMENT: It is ORDERED that Nationwide Life is authorized to deposit, and the Clerk of Court is authorized to accept, a cashier's check or a certified check to be deposited into the federal court registry the amount of $220,084.41. (Ordered by Senior Judge A. Joe Fish on 7/13/2023) (sxf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:25. Thu Jul 13 16:25:17 CDT 2023 (crt) |
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Filing 24
ORDER granting #23 Motion to deposit funds and for inter-pleader relief and final judgment of discharge. Nationwide Life is GRANTED leave to deposit, and the Clerk of Court is hereby ORDERED to accept, a cashier's check or a certified check to be deposited into the court registry the amount of $220,084.41. (Ordered by Senior Judge A. Joe Fish on 6/13/2023) (sxf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:24. Tue Jun 13 13:52:53 CDT 2023 (crt) |
| Filing 23 MOTION To Deposit Funds and For Interpleader Relief and Final Judgment of Discharge filed by Nationwide Life and Annuity Insurance Company with Brief/Memorandum in Support. (Singhal, Ambika) |
| Filing 22 Mail returned as undeliverable. #20 Order Setting Deadline/Hearing, received back from Analisa Renee Mendez as Attempted - Not Known, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (acm) |
| Filing 21 AMENDED COMPLAINT against All Defendants filed by Nationwide Life and Annuity Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6) (Singhal, Ambika) |
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Filing 20
ORDER: Nationwide Life shall file and serve an amended complaint in interpleader alleging the citizenship of each defendant no later than 2/17/2023. Failure to timely file and serve such an amended complaint in interpleader will result in dismissal of this action without further notice. (Ordered by Senior Judge A. Joe Fish on 2/8/2023) (twd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Wed Feb 8 13:06:24 CST 2023 (crt) |
| Filing 19 RESPONSE filed by Nationwide Life and Annuity Insurance Company re: #16 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Singhal, Ambika) |
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Filing 18
ELECTRONIC ORDER: The plaintiff's unopposed motion for extension of time to respond to the defendant Calvin McKibben's motion to dismiss (docket entry 17) is GRANTED. It is therefore ORDERED that the plaintiff's deadline to respond is hereby extended to January 13, 2023. (Ordered by Senior Judge A. Joe Fish on 12/19/2022) (chmb)
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| Filing 17 MOTION for Extension of Time to File Response/Reply to #16 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Nationwide Life and Annuity Insurance Company (Attachments: #1 Proposed Order) (Singhal, Ambika) |
| Filing 16 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Calvin T McKibben with Brief/Memorandum in Support. (Attachments: #1 Affidavit(s) Sworn Affidavit of Calvin McKibben)Attorney Melissa M Burns added to party Calvin T McKibben(pty:dft) (Burns, Melissa) |
| Filing 15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jeremy Dill. (Clerk QC note: No affiliate entered in ECF). (Burns, Melissa) |
| Filing 14 ANSWER to #1 Complaint,,,,,, filed by Jeremy Dill. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Melissa M Burns added to party Jeremy Dill(pty:dft) (Burns, Melissa) |
| Filing 13 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charles Wallace. (Clerk QC note: No affiliate entered in ECF). (Hartnett, Will) |
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Filing 12
ELECTRONIC ORDER: Although the defendants Calvin T. McKibben and Jeremy Dill are in default, the plaintiff has failed to move for entries of default and default judgments. Unless the plaintiff moves for such relief by December 5, 2022, its claims against Calvin T. McKibben and Jeremy Dill will be dismissed without further notice. (Ordered by Senior Judge A. Joe Fish on 11/22/2022) (chmb)
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| Filing 11 AFFIDAVIT by Analisa Renee Mendez. (axm) |
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Filing 10
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of Ali I. Haque (docket entry 9). It is ORDERED that the application of Ali I. Haque is GRANTED. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this court. It is further ORDERED that if the applicant has not already done so, the applicant must register as an ECF user within 14 days. See L.R. 5.1(f). (Ordered by Senior Judge A. Joe Fish on 11/21/2022) (chmb)
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| Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13317407) filed by Nationwide Life and Annuity Insurance Company (Attachments: #1 Proposed Order, #2 Additional Page(s) Certificate of Good Standing)Attorney Ali I Haque added to party Nationwide Life and Annuity Insurance Company(pty:pla) (Haque, Ali) |
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Filing 8
ELECTRONIC ORDER: On November 16, 2022, the defendant Charles Wallace ("Wallace") filed an answer in this case but did not provide the clerk with a certificate of interested persons. N.D. Tex. Civ. R. 7.4 requires that "[t]he initial responsive pleading or motion filed in lieu of a responsive pleading that a defendant files in a civil action must be accompanied by a separately signed certificate of interested persons that complies with LR3.1(c) or 3.2(e). If the defendant concurs in the accuracy of another party's previously-filed certificate, the defendant may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that "[w]hen a complaint is filed, the plaintiff must provide the clerk with... a separately signed certificate of interested persons... that contains... a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than November 30, 2022, Wallace must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 11/16/2022) (chmb)
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| Filing 7 ANSWER to #1 Complaint filed by Charles Wallace. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Will Ford Hartnett added to party Charles Wallace(pty:dft) (Hartnett, Will) Modified text on 11/17/2022 (mms). |
| Filing 6 SUMMONS Returned Executed as to Jeremy Dill ; served on 10/21/2022, Analisa Renee Mendez ; served on 10/21/2022. (sxf) |
| Filing 5 SUMMONS Returned Executed as to Calvin T McKibben, served on 10/18/2022. (mla) |
| Filing 4 Summons Issued as to Jeremy Dill, Calvin T McKibben, Analisa Renee Mendez, Charles Wallace. (ykp) |
| Filing 3 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 Horan). Clerk to provide copy to plaintiff if not received electronically. (ykp) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nationwide Life and Annuity Insurance Company and/or Nationwide Life and Annuity Company of America. (Clerk QC note: Affiliate entry indicated). (Singhal, Ambika) (Main Document 2 replaced with flattened document on 10/7/2022) (ykp). |
| Filing 1 INTERPLEADER COMPLAINT against Analisa Renee Mendez, Charles Wallace, Jeremy Dill, Calvin T McKibben filed by Nationwide Life and Annuity Insurance Company and/or Nationwide Life and Annuity Company of America. (Filing fee $402; Receipt number ATXNDC-13206224) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Attachments: #1 Cover Sheet, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6) (Singhal, Ambika) (Attachment 1 replaced with flattened document, Modified text on 10/7/2022 (ykp). |
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