AXA Equitable Life Insurance Company v. Midgley et al
| AXA Equitable Life Insurance Company |
| Susan Claudia Kieffer, Dennis Joseph Midgley, Jay Bryan Midgley and Kathleen R. Midgley |
| 2:2018cv00583 |
| July 20, 2018 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Evelyn J Furse |
| Jill N Parrish |
| Dustin B Pead |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 44 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff AXA Equitable Life Insurance Company identifying AXA Equitable Holdings, Inc. as Corporate Parent. (Martin, Byron) |
Filing 43
ORDER granting #41 Motion for Admission Pro Hac Vice of Jaclyn D. Malyk for AXA Equitable Life Insurance Company. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 2/25/2019. (jds)
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| Filing 42 REQUEST to Submit for Decision re #41 MOTION for Admission Pro Hac Vice of Jacklyn D. Malyk and Consent of Local Counsel, Registration fee $ 250, receipt number 1088-3211972, filed by Plaintiff AXA Equitable Life Insurance Company. (Edmonds, Steven) |
| Filing 41 MOTION for Admission Pro Hac Vice of Jacklyn D. Malyk and Consent of Local Counsel, Registration fee $ 250, receipt number 1088-3211972, filed by Plaintiff AXA Equitable Life Insurance Company. (Attachments: #1 Text of Proposed Order on Motion for Pro Hac Vice Admission)(Edmonds, Steven) |
| Filing 40 CLERK'S NOTICE OF ERROR re #39 Request to Submit for Decision. The court reminds filers that the attorney that signed the document and the attorney that logged in to CM/ECF to electronically file the document should be the same attorney. "The submission of a document that is (i) signed with an "/s/attorney name" or electronic image of the attorney's signature, and (ii) filed under that attorney's login and password, shall constitute an original signature for purposes of Federal Rule of Civil Procedure 11." No further action to correct this is necessary. This is a reminder for future filings. (jds) |
| Filing 39 REQUEST to Submit for Decision re #21 Plaintiff's MOTION to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment and for Interpleader Relief filed by Plaintiff AXA Equitable Life Insurance Company. (Martin, Byron) |
| Filing 38 Plaintiff's REPLY to Response to Motion re #21 Plaintiff's MOTION to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment and for Interpleader Relief Reply Brief in Further Support of Motion t filed by Plaintiff AXA Equitable Life Insurance Company. (Edmonds, Steven) |
| Filing 37 NOTICE of Appearance by Steven M. Edmonds on behalf of AXA Equitable Life Insurance Company (Edmonds, Steven) |
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Filing 36
DOCKET TEXT ORDER granting #35 Motion for Extension of Time to File Response/Reply. Plaintiff shall file its reply brief before December 22, 2018. Signed by Judge Jill N. Parrish on 12/12/2018. No attached document. (jph)
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| Filing 35 Plaintiff's MOTION for Extension of Time to File Response/Reply as to #34 Memorandum in Opposition to Motion,,,, to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment, and for Interpleader Relief filed by Plaintiff AXA Equitable Life Insurance Company. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion for Extension of Time for Plaintiff to Respond to Defendant Kathleen Midvley's Opposition to Plaintiff's Motion to Dismiss Defendants' Counterclaims or in the ALternative for Summary Judgment, and for Interpleader Relief) Motions referred to Evelyn J. Furse.(Martin, Byron) |
| Filing 34 MEMORANDUM in Opposition re #21 Plaintiff's MOTION to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment and for Interpleader Relief filed by Defendant Kathleen R. Midgley. (Attachments: #1 Affidavit Declaration of Kevin N. Anderson Supporting Kathleen's Opposition to Motion to Dismiss and Summary Judgment, #2 Exhibit Exhibit 1 - March 16, 2017 Appointment as Emergency Guardian and Conservator, Acceptance, and Letters of Testamentary, #3 Exhibit Exhibit 2 - April 19, 2017 Letter from John C. Rooker to Diana Garland re AXA Policy No. 044255168 (AXA000426-430), #4 Exhibit Exhibit 3 - Third-Party Release of Life Insurance Policy Information Authorization and March 16, 2017 Acknowledgement of Receipt (AXA001568-1571), #5 Exhibit Exhibit 4 - Telephone Logs from AXA Produced Document at AXA001540-1541, #6 Appendix Kathleen R. Midgley's Appendix of Evidence to Defendant's Opposition to Plaintiff's Motion to Dismiss Defendant's Counterclaim or in the Alternative for Summary Judgment, and for Interpleader Relief)(Anderson, Kevin) |
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Filing 33
DOCKET TEXT ORDER granting #31 Motion for Extension of Time to File Response/Reply. Defendant Kathleen R. Midgley is granted her three-day extension, and she shall file her response to Plaintiff's Motion to Dismiss Counterclaims before November 29, 2018. Signed by Judge Jill N. Parrish on 11/27/2018. No attached document. (jph)
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| Filing 32 Motions No Longer Referred: #21 Plaintiff's MOTION to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment and for Interpleader Relief, #31 Stipulated MOTION for Extension of Time to File Response/Reply as to #21 Plaintiff's MOTION to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment and for Interpleader Relief (jph) |
| Filing 31 Stipulated MOTION for Extension of Time to File Response/Reply as to #21 Plaintiff's MOTION to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment and for Interpleader Relief filed by Defendant Kathleen R. Midgley. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion for Extension of Time for Defendant Kathleen R. Midgley to Respond to Plaintiff AXA Equitable Life Insurance Company's Motion to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment, and for Interpleader Relief) Motions referred to Evelyn J. Furse.(Anderson, Kevin) |
| Filing 30 NOTICE OF FILING of Plaintiff's Notice of Acknowledgment re #24 Civil Standing Order filed by Plaintiff AXA Equitable Life Insurance Company. (Martin, Byron) |
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Filing 29
ORDER granting #22 Stipulation for Extension of Deadlines in Order to Propose Schedule. Signed by Magistrate Judge Evelyn J. Furse on 11/20/2018. (jds)
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| Filing 28 MOTIONS REFERRED - #22 Stipulated MOTION for Extension of Time Proposed Scheduling Order Motions referred to Evelyn J. Furse.(jph) |
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Filing 27
ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Evelyn J. Furse. Signed by Judge Jill N. Parrish on 11/16/18. (ss)
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| Filing 26 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #24 filed by Defendants Susan Claudia Kieffer, Dennis Joseph Midgley, Jay Bryan Midgley, Cross Claimants Susan Claudia Kieffer, Dennis Joseph Midgley, Jay Bryan Midgley, Counter Claimants Susan Claudia Kieffer, Dennis Joseph Midgley, Jay Bryan Midgley (James, Mark) |
| Filing 25 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #24 filed by Defendant Kathleen R. Midgley (Anderson, Kevin) |
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Filing 24
CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 11/15/18. (ss)
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| Filing 23 The deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file, therefore the case is no longer eligible for magistrate assignment. Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Dustin B. Pead no longer assigned to the case. (las) |
| Filing 22 Stipulated MOTION for Extension of Time Proposed Scheduling Order filed by Plaintiff AXA Equitable Life Insurance Company. (Martin, Byron) |
| Filing 21 Plaintiff's MOTION to Dismiss Defendants' Counterclaims or in the Alternative for Summary Judgment and for Interpleader Relief filed by Plaintiff AXA Equitable Life Insurance Company. (Attachments: #1 Exhibit A - Duplicate of Policy 88 050 5064, #2 Exhibit B - Application for Policy 88 00 5064, #3 Exhibit C - Life Insurance Beneficiary Form, #4 Exhibit D- Life Insurance Beneficiary Form, #5 Exhibit E - Death Certificate, #6 Exhibit F - Life Insurance Claim Form Executed by Co-Successor Trustees, #7 Exhibit G - Life Insurance Claim Form Executed by Kathleen Midgley, #8 Exhibit H - Duplicate of Policy 43 216 820, #9 Exhibit I - Request for Change of Beneficiary Form daed May 21, 1993, #10 Exhibit J - Request for Change of Beneficiary Form Dated April 8, 1999, #11 Exhibit K - Subpoena for Production of Documents, #12 Exhibit Exibit K - Subpeona for Production of Documents, #13 Appendix)(Martin, Byron) |
| Filing 20 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #11 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) |
| Filing 19 RECEIVED Consent/Reassignment Form from Plaintiff AXA Equitable Life Insurance Company. (las) |
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Filing 18
ORDER granting #17 Motion for Extension of Time to Answer re #9 Answer to Complaint, Crossclaim, Counterclaim,. Answer deadline updated for AXA Equitable Life Insurance Company answer due 11/7/2018. Signed by Magistrate Judge Dustin B. Pead on 10/12/2018. (las)
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| Filing 17 Stipulated MOTION for Extension of Time to File Response/Reply as to #9 Answer to Complaint,, Crossclaim,, Counterclaim, filed by Plaintiff AXA Equitable Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Martin, Byron) Modified on 10/12/2018 by correcting motion type (las). |
| Filing 16 RECEIVED Consent/Reassignment Form from Defendant Kathleen R. Midgley. (las) |
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Filing 15
ORDER granting #12 Motion for Extension of Time to Answer re #9 Answer to Complaint, Crossclaim,, Counterclaim,. Answer deadline updated for AXA Equitable Life Insurance Company answer due 10/29/2018. Signed by Magistrate Judge Dustin B. Pead on 10/8/2018. (las)
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| Filing 14 Modification of Docket: Correction: Correct Order has been attached. re #13 Order to Propose Schedule. (las) |
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Filing 13
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 10/8/2018. (las) (Additional attachment(s) added on 10/9/2018: #1 Correct Order) (las).
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| Filing 12 Stipulated MOTION for Extension of Time Kathleen R.Midgley's Counterclaim filed by Plaintiff AXA Equitable Life Insurance Company. (Attachments: #1 Text of Proposed Order Granting Stipulation Extending Time to Respond to Kathleeen Midgley's Counterclaim)(Martin, Byron) Modified on 10/9/2018 corrected motion type (las). |
| Filing 11 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff AXA Equitable Life Insurance Company, Defendants Susan Claudia Kieffer, Dennis Joseph Midgley, Jay Bryan Midgley, Kathleen R. Midgley. Form due by 10/22/2018. (las) |
| Filing 10 NOTICE OF ADR, e-mailed or mailed to Plaintiff AXA Equitable Life Insurance Company, Defendants Susan Claudia Kieffer, Dennis Joseph Midgley, Jay Bryan Midgley, Kathleen R. Midgley. (las) |
| Filing 9 ANSWER to Complaint , CROSSCLAIM against Kathleen R. Midgley, COUNTERCLAIM against AXA Equitable Life Insurance Company filed by Susan Claudia Kieffer, Jay Bryan Midgley, Dennis Joseph Midgley. Attorney Mark F James added to party Susan Claudia Kieffer(pty:dft), Attorney Mark F James added to party Dennis Joseph Midgley(pty:dft), Attorney Mark F James added to party Jay Bryan Midgley(pty:dft)(James, Mark) |
| Filing 8 Kathleen Midgley ANSWER to Complaint AXA Equitable Life Insurance Co, First COUNTERCLAIM Kathleen Midgley against AXA Equitable Life Insurance Company filed by Kathleen R. Midgley. (Attachments: #1 Exhibit A - Blank Form Beneficiary Change, #2 Exhibit B - Letter from AXA to Jay 2017-03-27, #3 Exhibit C - Letter from AXA to Kathleen 2017-04-03) Attorney Kevin N. Anderson added to party Kathleen R. Midgley(pty:dft)(Anderson, Kevin) |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by AXA Equitable Life Insurance Company as to Susan Claudia Kieffer Waiver sent on 7/24/2018, answer due 9/24/2018. (Martin, Byron) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by AXA Equitable Life Insurance Company as to Kathleen R. Midgley Waiver sent on 7/24/2018, answer due 9/24/2018. (Martin, Byron) |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by AXA Equitable Life Insurance Company as to Dennis Joseph Midgley Waiver sent on 7/24/2018, answer due 9/24/2018. (Martin, Byron) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by AXA Equitable Life Insurance Company as to Jay Bryan Midgley Waiver sent on 7/24/2018, answer due 9/24/2018. (Martin, Byron) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff AXA Equitable Life Insurance Company. (Martin, Byron) |
| Filing 2 COMPLAINT in Interpleader against All Defendants (Filing fee $ 400, receipt number 1088-3059002) filed by AXA Equitable Life Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Policy, #3 Exhibit B - Application of 07/18/1988, #4 Exhibit C - Beneficiary Change 03/10/2017, #5 Exhibit D - Beneficiary Change 03/17/2017, #6 Exhibit E - Death Certificate, #7 Exhibit F - Life Insurance Claim 04/13/2017, #8 Exhibit G - Life Insurance Claim 05/04/2017) Assigned to Magistrate Judge Dustin B. Pead (Martin, Byron) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff AXA Equitable Life Insurance Company is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh) |
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