Dearborn National Life Insurance Company v. Green et al
Plaintiff: Dearborn National Life Insurance Company
Respondent: Gary Ware and Jill R Green
Case Number: 5:2019cv00023
Filed: February 8, 2019
Court: US District Court for the Northern District of Texas
Presiding Judge: Sam R Cummings
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1335
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2019 Opinion or Order Filing 19 ORDER: The Court considered the Parties' Agreed Motion to Dismiss withoutPrejudice, filed March 19, 2019. IT IS THEREFORE ORDERED that all claims asserted in the above-styled and -numbered civil action are hereby DISMISSED WITHOUT PREJUDICE with costs taxed against the party incurring the same. The Clerk of Court is hereby directed to close this civil action. (Ordered by Senior Judge Sam R Cummings on 3/20/2019) (bmg)
March 19, 2019 Filing 18 Agreed MOTION to Dismiss Without Prejudice filed by Dearborn National Life Insurance Company (Attachments: #1 Proposed Order) (MacRae, Andrew)
March 5, 2019 Opinion or Order Filing 17 SCHEDULING ORDER: Amended Pleadings due by 7/1/2019. Discovery due by 7/27/2020. Joinder of Parties due by 7/1/2019. Motions due by 3/2/2020. Motions for summary judgment must be filed by 3 :00 p.m. on 03/02/2020. Motions in limine must be filed by 3:00 p.m. on 07/27/2020. Bench Trial set for 8/17/2020 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 3/5/2019) (bmg)
February 25, 2019 Opinion or Order Filing 16 ORDER granting in part and denying in part #14 Motion to Approve Interpleader. Plaintiff Dearborn National Life Insurance Company shall pay $215,000.00 (Two-Hundred Fifteen Thousand and No/100 dollars) in benefits from a life insurance policy issued by Plaintiff to the Clerk of Court for the United States District Court for the Northern District of Texas, within 30 days from the date of this Order.1 The Parties' Motion is DENIED to the extent that it requests Plaintiff be dismissed from the above-styled and -numbered civil action. The court is of the opinion that Plaintiff's Request for attorney's fee is not appropriate at this time. (Ordered by Senior Judge Sam R Cummings on 2/25/2019) (bmg)
February 20, 2019 Filing 15 AMENDED COMPLAINT in Response to Show Cause Order against Jill R Green, Gary Ware filed by Dearborn National Life 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. (MacRae, Andrew)
February 14, 2019 Filing 14 MOTION approval of interpleader filed by Dearborn National Life Insurance Company (Attachments: #1 Proposed Order) (MacRae, Andrew)
February 14, 2019 Opinion or Order Filing 13 ORDER: Plaintiff is ORDERED TO SHOW CAUSE why this civil action should not be dismissed for lack of subject-matter jurisdiction by amending its complaint to provide a good-faith pleading therein invoking this Court's subject-matterjurisdiction by no later than 9:00 a.m. on February 22, 2019. Failure to comply with this Court's Order will result in the dismissal of this action. (Ordered by Senior Judge Sam R Cummings on 2/14/2019) (bmg)
February 8, 2019 Filing 12 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. Clerk to provide copy to plaintiff if not received electronically. (bmg)
February 8, 2019 Filing 11 Case electronically transferred in from District of Texas Western; Case Number 1:18-cv-00944. 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.
February 7, 2019 Opinion or Order Filing 10 ORDER GRANTING Defendant's #6 Motion to Change Venue. ORDER TRANSFERRING this cause to the United States District Court for the Northern District of Texas, Lubbock Division. ORDER GRANTING Defendant's #8 Motion to Dismiss, or Alternative Motion to Transfer to the extent that the case is transferred. In all other respects, the motion is denied. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 2/8/2019.]
January 18, 2019 Filing 9 Original ANSWER to #1 Complaint by Gary Ware.(Wade, Camie) [Transferred from Texas Western on 2/8/2019.]
January 18, 2019 Filing 8 MOTION to Dismiss , or Alternative Motion to Transfer, Pursuant to Federal Rule of Civil Procedure 12(b)(3) by Gary Ware. (Wade, Camie) [Transferred from Texas Western on 2/8/2019.]
December 31, 2018 Filing 7 Defendant's Original Answer Subject to Defendant's Motion to Transfer Venue ANSWER to #1 Complaint . Attorney Andrew B. Curtis added to party Jill R Green(pty:dft) by Jill R Green.(Curtis, Andrew) [Transferred from Texas Western on 2/8/2019.]
December 31, 2018 Filing 6 MOTION to Change Venue by Jill R Green. (Curtis, Andrew) [Transferred from Texas Western on 2/8/2019.]
December 6, 2018 Filing 5 SUMMONS Returned Executed by Dearborn National Life Insurance Company. Gary Ware served on 12/3/2018, answer due 12/24/2018. (MacRae, Andrew) [Transferred from Texas Western on 2/8/2019.]
November 28, 2018 Filing 4 Summons Issued as to Gary Ware. (lt) [Transferred from Texas Western on 2/8/2019.]
November 28, 2018 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by Dearborn National Life Insurance Company. (MacRae, Andrew) [Transferred from Texas Western on 2/8/2019.]
November 14, 2018 Filing 2 WAIVER OF SERVICE Returned Executed by Dearborn National Life Insurance Company as to Jill R Green. Waiver sent on 11/1/2018, answer due 12/31/2018. (MacRae, Andrew) [Transferred from Texas Western on 2/8/2019.]
November 1, 2018 Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) [Transferred from Texas Western on 2/8/2019.]
November 1, 2018 Filing 1 COMPLAINT in Interpleader ( Filing fee $ 400 receipt number 0542-11412584). No Summons requested at this time, filed by Dearborn National Life Insurance Company. (Attachments: #1 Civil Cover Sheet)(MacRae, Andrew) [Transferred from Texas Western on 2/8/2019.]

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Plaintiff: Dearborn National Life Insurance Company
Represented By: Andrew F MacRae
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Respondent: Gary Ware
Represented By: Camie Carlene Wade
Represented By: David Leslie Kerby
Represented By: David Kerby
Represented By: Camie Wade
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Respondent: Jill R Green
Represented By: Andrew Bradley Curtis
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