New York Life Insurance Company v. Strickland et al
| New York Life Insurance Company |
| Sidney Strickland and Laura Conley |
| 1:2022cv00673 |
| June 14, 2022 |
| US District Court for the Eastern District of Virginia |
| William E Fitzpatrick |
| Patricia Tolliver Giles |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Interpleader Action |
| None |
Docket Report
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Filing 25
MEMORANDUM ORDER that Plaintiff's Motion for Interpleader Discharge and Dismissal (Dkt. 22) is GRANTED. It is further ORDERED that Plaintiff be and is DISMISSED from this civil action. It is further ORDERED that Defendants are hereby enjoined from initiating or prosecuting any other proceeding against Plaintiff seeking payment of the death benefit at issue. Signed by District Judge Patricia Tolliver Giles on 5/18/2023. (nlop)
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| Filing 24 NOTICE by New York Life Insurance Company re #22 MOTION to Dismiss and Discharge of Waiver of Hearing (Murdock, John) |
| Filing 23 Declaration re #22 MOTION to Dismiss and Discharge by Justine Pfeiffer by New York Life Insurance Company. (Murdock, John) |
| Filing 22 MOTION to Dismiss and Discharge by New York Life Insurance Company. (Attachments: #1 Proposed Order, #2 Exhibit A - Policy, #3 Exhibit B - Application, #4 Exhibit C - Change of Name, #5 Exhibit D - POA, #6 Exhibit E - Email and Change Beneficiary, #7 Exhibit F - Death Certificate, #8 Exhibit G - Death Benefits Proceeds Form, #9 Exhibit H - Statement of Sidney Strickland, #10 Exhibit I - Laura Conley Letter October 2021, #11 Exhibit J - Laura Conley Letter November 2021, #12 Exhibit K - Laura Conley Letter December 2021, #13 Exhibit L - Petition Caveat)(Murdock, John) |
| Filing 21 Receipt of Interpleader Funds in the amount of $41,771.96 deposited into registry of Court by New York Life Insurance. (nlop) |
| Filing 20 NOTICE by New York Life Insurance Company of Service of Initial Disclosures (Attachments: #1 Exhibit A - Initial Disclosures to Defendants)(Murdock, John) |
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Filing 19
ORDERED that:1. The Company's motion is hereby GRANTED.2. Within twenty-one (21) days of this Order, the Company shall issue to the Clerk of this Court a check equal to the sum of $39,414.50, representing the Death Benefit, plus applicable interest, if any;3. The Clerk of Court shall deposit said funds into an interest-bearing account pending further direction from the Court in re #17 Motion for Interpleader Deposit (28 U.S.C. Section 1335). Signed by Magistrate Judge William E. Fitzpatrick on 3/2/2023. (swil)
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| Filing 18 Waiver of Hearing by New York Life Insurance Company (Murdock, John) |
| Notice of Correction in re #17 MOTION for Interpleader Deposit (28 U.S.C. Section 1335). The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (nlop) |
| Filing 17 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by New York Life Insurance Company. (Attachments: #1 Proposed Order)(Murdock, John) |
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Filing 16
ORDER granting #14 Motion for Pro hac vice Appointed Philip R. Murray for Laura Conley. Signed by District Judge Patricia Tolliver Giles on 2/15/2023. (swil)
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| Filing 15 Minute Entry for proceedings held (via teleconference) before District Judge Patricia Tolliver Giles: Final Pretrial Conference held on 2/15/2023.Counsel for Plaintiff, counsel for Defendant Laura Conley and Pro Se Defendant Sidney Strickland enter their appearance.Parties advise the Court of case status.The Court DIRECTS the parties to meet and confer and to file a Motion or Proposed Order with the Court in two (2) weeks, by 03/01/2023.Court Reporter: S. Wallace(pmil, ) |
| Filing 14 Motion to appear Pro Hac Vice by Philip Raymond Murray and Certification of Local Counsel Arturo Hernandez Filing fee $ 75, receipt number AVAEDC-8802720. by Laura Conley. (Hernandez, Arturo) |
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Filing 13
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan pursuant to Fed. R. Civ. P. 26(f) (Joint Discovery Plan) (Dkt. 12) and at the initial pretrial conference held on November 2, 2022 and taking note of the Scheduling Order entered in this case (Dkt. 11), the court makes the following rulings: 1. All discovery shall be concluded by February 10, 2023. 2. The Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the court. 3. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by November 15, 2022. 4. Parties requested expert disclosure schedule is denied. Expert disclosures shall be governed by Local Civil Rule 26(D). Specifically, expert disclosures shall be due from plaintiff by December 12, 2022, and from defendants by January 11, 2023. Rebuttal reports from plaintiff, if any, shall be due by January 26, 2023. To the extent the parties wish to modify these deadlines, they must seek leave of court. 5. The Final Pretrial Conference shall be held on February 15, 2023. 6. If the parties believe that a settlement conference with the court would be of assistance in resolving this dispute, they may arrange a settlement conference by contacting the undersigned magistrate judges chambers. (see Order for complete details). Signed by Magistrate Judge William E. Fitzpatrick on 11/2/22. (tfitz, )
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| Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick:Initial Pretrial Conference held on 11/2/2022. Appearances of counsel via telephone. Joint Discovery Plan adopted as amended. Order to follow. (per WEF chambers) (tfitz, ) |
| Set/Reset Hearings: Initial Pretrial Conference RESET for 11/2/2022 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (per WEF chambers) (tfitz, ) |
| Filing 12 Joint Rule 26(f) Discovery Plan by New York Life Insurance Company.(Murdock, John) |
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Filing 11
SCHEDULING ORDER: Initial Pretrial Conference set for 10/26/2022 at 11:00 AM in Alexandria Courtroom 401 before Magistrate Judge William E. Fitzpatrick. Final Pretrial Conference set for 2/15/2023 at 10:00 AM in Alexandria Telephonically before District Judge Patricia Tolliver Giles. Discovery due by 2/10/2023. Signed by District Judge Patricia Tolliver Giles on 09/27/22. (Attachments: #1 Pretrial Notice, #2 Magistrate Judge Consent Form)(pmil, )
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| Filing 10 ANSWER to Complaint by Laura Conley.(Hernandez, Arturo) |
| Filing 9 NOTICE by New York Life Insurance Company Regarding Defendant Laura Conley's Deadline to Respond to Complaint (Attachments: #1 Exhibit A)(Murdock, John) |
| Filing 8 ANSWER to Complaint in Interpleader by Sidney Strickland.(swil) |
| Filing 7 AFFIDAVIT of Service for Summons and Interpleader Complaint served on Laura Conley on July 15, 2022, filed by New York Life Insurance Company. (Murdock, John) |
| Filing 6 AFFIDAVIT of Service for Summons and Interpleader Complaint served on Sidney Strickland on July 15, 2022, filed by New York Life Insurance Company. (Murdock, John) |
| Filing 5 Corporate Disclosure Statement by New York Life Insurance Company. (Murdock, John) |
| Filing 4 Summons Issued as to Laura Conley, Sidney Strickland, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice)(jlan) |
| Filing 3 Proposed Summons for Laura Conley by New York Life Insurance Company. (Murdock, John) |
| Filing 2 Proposed Summons for Sidney Strickland by New York Life Insurance Company. (Murdock, John) |
| Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge William E. Fitzpatrick. (jlan) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8430810.), filed by New York Life Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L)(Murdock, John) (Attachment 1 replaced on 6/15/2022) (jlan, ). |
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