Catholic Charities of Southwest Kansas, Inc. v. PHL Variable Insurance Company
| Kansas District Court | |
| Judge: | Kathryn H Vratil |
| Referred: | Kenneth G Gale |
| Case #: | 6:20-cv-01334 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Nov 25, 2020 |
| Terminated: | Sep 13, 2021 |
| Last checked: Monday May 24, 2021 5:23 AM CDT |
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Defendant
PHL Variable Insurance Company
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Represented By
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Plaintiff
Catholic Charities of Southwest Kansas, Inc.
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Represented By
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GPO
Sep 13 2021
MEMORANDUM AND ORDER sustaining 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Defendant's alternative motion for a more definite statement is OVERRULED as moot. Signed by District Judge Kathryn H. Vratil on 9/13/2021. (kas) |
| Docket last updated: 8 hours ago |
| Wednesday, August 16, 2023 | ||
| 40 | 40
appeal
Mandate
Wed 08/16 12:47 PM
APPEAL MANDATE from 10CCA: AFFIRMING decision of the District Court. (Appeal No. 21-3187 (Attachment: #1 Transmittal Letter)(kao) |
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| Wednesday, November 03, 2021 | ||
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appeal
Letter re Record Complete
Wed 11/03 11:47 AM
LETTER TO 10CCA stating record is complete re35 Notice of Appeal - Final Judgment. ( Appeal No. 21-3187 (sz) |
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| Monday, November 01, 2021 | ||
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appeal
Transcript Order Form
Mon 11/01 1:26 PM
TRANSCRIPT ORDER FORM: No Transcript Required filed by Catholic Charities of Southwest Kansas, Inc. re35 Notice of Appeal - Final Judgment, (Tretbar, William) |
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| Tuesday, October 12, 2021 | ||
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appeal
Appeal Number Information
Tue 10/12 4:11 PM
APPEAL DOCKETED in 10CCA on 10/12/2021 and assigned Appeal No. 21-3187 re35 Notice of Appeal filed by Catholic Charities of Southwest Kansas, Inc. (mam) |
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appeal
Preliminary Record on Appeal Sent
Tue 10/12 9:42 AM
PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re35 Notice of Appeal - Final Judgment.(sz) |
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Att: 1
Preliminary Packet
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| Monday, October 11, 2021 | ||
| 35 | 35
appeal
Notice of Appeal - Final Judgment
Mon 10/11 2:59 PM
NOTICE OF APPEAL as to33 Order on Motion to Dismiss for Failure to State a Claim,34 Judgment by Plaintiff Catholic Charities of Southwest Kansas, Inc.. Filing fee $ 505, Internet Payment Receipt Number AKSDC-5607399. (Tretbar, William) |
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| Monday, September 13, 2021 | ||
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order
Judgment
Mon 09/13 11:32 AM
JUDGMENT. Signed by deputy clerk on 9/13/2021. (kas) |
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6
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 09/13 11:28 AM
MEMORANDUM AND ORDER sustaining21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Defendant's alternative motion for a more definite statement is OVERRULED as moot. Signed by District Judge Kathryn H. Vratil on 9/13/2021. (kas) |
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| Thursday, April 29, 2021 | ||
| 32 | 32
respm
Reply to Response to Motion
Thu 04/29 4:28 PM
REPLY TO RESPONSE TO MOTION by Defendant PHL Variable Insurance Company re:21 Motion to Dismiss for Failure to State a Claim (Clinkinbeard, Karrie) |
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| Thursday, April 15, 2021 | ||
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11
pgs
respm
Memorandum in Opposition to Motion
Thu 04/15 2:51 PM
MEMORANDUM IN OPPOSITION by Plaintiff Catholic Charities of Southwest Kansas, Inc. re21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative Motion for a More Definite Statement (Tretbar, William) |
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| Friday, April 09, 2021 | ||
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order
Order on Motion to Appear Pro Hac Vice
Fri 04/09 2:58 PM
ORDER granting28 Motion to Appear Pro Hac Vice of Jarrett E. Ganer for PHL Variable Insurance Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 4/9/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
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| 29 | 29
support
Affidavit in Support of Pro Hac Vice Motion
Fri 04/09 1:07 PM
AFFIDAVIT of Jarrett E. Ganer re28 MOTION for attorney Jarrett E. Ganer to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5458396.) by Defendant PHL Variable Insurance Company(Clinkinbeard, Karrie) |
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| 28 | 28
motion
Pro Hac Vice
Fri 04/09 1:07 PM
MOTION for attorney Jarrett E. Ganer to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5458396.) by Defendant PHL Variable Insurance Company (Clinkinbeard, Karrie) |
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Att: 1
ECF Registration Form
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| Tuesday, April 06, 2021 | ||
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order
Order on Motion to Appear Pro Hac Vice
Tue 04/06 9:33 AM
ORDER granting25 Motion to Appear Pro Hac Vice of Ryan Goodland for PHL Variable Insurance Company pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 4/6/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
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| 26 | 26
support
Affidavit in Support of Pro Hac Vice Motion
Tue 04/06 8:42 AM
AFFIDAVIT of Ryan Goodland re25 MOTION for attorney Ryan Goodland to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5453993.) by Defendant PHL Variable Insurance Company(Clinkinbeard, Karrie) |
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| 25 | 25
motion
Pro Hac Vice
Tue 04/06 8:41 AM
MOTION for attorney Ryan Goodland to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5453993.) by Defendant PHL Variable Insurance Company (Clinkinbeard, Karrie) |
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Att: 1
ECF Registration Form
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| Monday, April 05, 2021 | ||
| 24 | 24
order
Order on Motion to Continue Order on Motion to Stay Case
Mon 04/05 10:20 AM
ORDER granting, for good cause shown,23 Joint Motion to Continue and23 Motion to Stay Case. The Court continues the scheduling conference and stays all pretrial proceedings in this case (including the Rule 26(f) meeting, Rule 26(a)(1) initial disclosures, and discovery) until the District Court rules on Defendant's dispositive motion. Signed by Magistrate Judge Kenneth G. Gale on 4/5/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
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| Wednesday, March 31, 2021 | ||
| 23 | 23
motion
Continue
Wed 03/31 1:46 PM
Joint MOTION to Continue Scheduling Conference and Stay Pretrial Proceedings by Defendant PHL Variable Insurance Company (Clinkinbeard, Karrie) |
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| Thursday, March 25, 2021 | ||
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6
pgs
support
Memorandum in Support of Motion
Thu 03/25 4:08 PM
MEMORANDUM IN SUPPORT of21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative Motion for a More Definite Statement by Defendant PHL Variable Insurance Company(Clinkinbeard, Karrie) |
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| 21 | 21
motion
Dismiss for Failure to State a Claim
Thu 03/25 4:07 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative Motion for a More Definite Statement by Defendant PHL Variable Insurance Company (Clinkinbeard, Karrie) |
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| Wednesday, March 17, 2021 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim
Wed 03/17 10:11 AM
ORDER overruling as moot 13 PHL Variable Insurance Company's Motion To Dismiss Or In The Alternative Motion For A More Definite Statement in light of the filing of18 First Amended Complaint. Signed by District Judge Kathryn H. Vratil on 3/17/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as) |
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| Tuesday, March 09, 2021 | ||
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order
Setting Scheduling Conference
Tue 03/09 4:52 PM
INITIAL ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/13/2021 at 03:00 PM by telephone before Magistrate Judge Kenneth G. Gale. Counsel should call CONFERENCE LINE 1-888-363-4749, enter ACCESS CODE 5407703. Report of Parties Planning Meeting deadline 4/6/2021. Rule 26 Initial Disclosures Deadline set for 4/6/2021. See attached Order. Signed by Magistrate Judge Kenneth G. Gale on 3/9/21. (aw) |
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| Friday, March 05, 2021 | ||
| 18 | 18
cmp
Amended Complaint
Fri 03/05 1:32 PM
AMENDED COMPLAINT against PHL Variable Insurance Company, filed by Catholic Charities of Southwest Kansas, Inc..(Tretbar, William) |
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| 17 | 17
misc
Stipulation
Fri 03/05 7:44 AM
STIPULATION by PHL Variable Insurance Company. (Clinkinbeard, Karrie) |
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| Wednesday, February 24, 2021 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 02/24 1:33 PM
ORDER sustaining , for substantially the reasons stated in the motion,15 Plaintiff's Unopposed Motion For Extension Of Time To Respond TO Defendant's Motion To Dismiss Or In The Alternative For A More Definite Statement. New response deadline: 3/5/2021. Signed by District Judge Kathryn H. Vratil on 2/24/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as) |
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utility
Motions No Longer Referred
Wed 02/24 9:29 AM
MOTION REFERRAL to Magistrate Judge REMOVED as to: 15 MOTION for Extension of Time to File Response as to 14 Memorandum in Support of Motion, 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative Motion for a More Definite Statement . The motion will be resolved by the District Judge.(df) |
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| Tuesday, February 23, 2021 | ||
| 15 | 15
motion
Extension of Time to File Response/Reply
Tue 02/23 4:56 PM
MOTION for Extension of Time to File Response as to14 Memorandum in Support of Motion,13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative Motion for a More Definite Statement by Plaintiff Catholic Charities of Southwest Kansas, Inc. (Tretbar, William) |
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| Monday, February 01, 2021 | ||
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7
pgs
support
Memorandum in Support of Motion
Mon 02/01 11:21 AM
MEMORANDUM IN SUPPORT of13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative Motion for a More Definite Statement by Defendant PHL Variable Insurance Company(Clinkinbeard, Karrie) |
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| 13 | 13
motion
Dismiss for Failure to State a Claim
Mon 02/01 11:20 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the Alternative Motion for a More Definite Statement by Defendant PHL Variable Insurance Company (Clinkinbeard, Karrie) |
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| Monday, January 04, 2021 | ||
| 12 | 12
order
Order on Motion for Extension of Time to Answer
Mon 01/04 9:14 AM
ORDER granting, for good cause and as unopposed,11 Motion for Extension of Time to Answer re1 Complaint. Answer of Defendant PHL Variable Insurance Company due on or before 2/1/2021. Signed by Magistrate Judge Kenneth G. Gale on 1/4/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
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| Thursday, December 31, 2020 | ||
| 11 | 11
motion
Extension of Time to File Answer
Thu 12/31 10:59 AM
Unopposed MOTION for Extension of Time to File Answer re1 Complaint (attorney) by Defendant PHL Variable Insurance Company (Clinkinbeard, Karrie) |
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| Wednesday, December 09, 2020 | ||
| 10 | 10
service
Return of Service of Summons EXECUTED
Wed 12/09 11:08 AM
SUMMONS RETURNED EXECUTED -- Certified Mail by Catholic Charities of Southwest Kansas, Inc. upon PHL Variable Insurance Company served on 12/1/2020, answer due 12/22/2020 (Tretbar, William) |
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| Tuesday, December 01, 2020 | ||
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misc
Corporate Disclosure Statement
Tue 12/01 2:25 PM
CORPORATE DISCLOSURE STATEMENT by Catholic Charities of Southwest Kansas, Inc. identifying None as corporate parent . (Tretbar, William) |
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order
Order on Motion to Appear Pro Hac Vice
Tue 12/01 9:57 AM
ORDER granting4 Motion to Appear Pro Hac Vice of attorney Ira S. Lipsius as counsel for Catholic Charities of Southwest Kansas, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 12/1/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (aw) |
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| 7 | 7
support
Electronic Filing Registration Form in Support of Pro Hac Vice Motion
Tue 12/01 9:52 AM
ELECTRONIC FILING REGISTRATION FORM of Ira S. Lipsius re motion for leave to appear pro hac vice4 by Plaintiff Catholic Charities of Southwest Kansas, Inc. (gw) |
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| Monday, November 30, 2020 | ||
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order
Order on Motion to Appear Pro Hac Vice
Mon 11/30 10:10 AM
ORDER granting5 Motion to Appear Pro Hac Vice of Phillip M. Manela for Catholic Charities of Southwest Kansas, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on November 30, 2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df) |
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service
Summons Issued
Mon 11/30 9:29 AM
SUMMONS ISSUED as to PHL Variable Insurance Company (issued to Attorney for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
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| Wednesday, November 25, 2020 | ||
| 5 | 5
motion
Pro Hac Vice
Wed 11/25 1:35 PM
MOTION for attorney Phillip M. Manela to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5333710.) by Plaintiff Catholic Charities of Southwest Kansas, Inc. (Tretbar, William) |
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Att: 1
Affidavit of Phillip M. Manela,
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Att: 2
ECF Registration Form
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| 4 | 4
motion
Pro Hac Vice
Wed 11/25 1:32 PM
MOTION for attorney Ira S. Lipsius to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5333699.) by Plaintiff Catholic Charities of Southwest Kansas, Inc.(Tretbar, William) |
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Att: 1
Affidavit of Ira S. Lipsius
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| 3 | 3
misc
Designation of Place of Trial
Wed 11/25 1:26 PM
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Catholic Charities of Southwest Kansas, Inc. - trial to be held in Wichita. (Tretbar, William) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 11/25 1:25 PM
CIVIL COVER SHEET by Plaintiff Catholic Charities of Southwest Kansas, Inc. (Tretbar, William) |
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| 1 | 1
cmp
Complaint (attorney)
Wed 11/25 1:21 PM
COMPLAINT with trial location of Wichita (Filing fee $400, Internet Payment Receipt Number AKSDC-5333680.), filed by Catholic Charities of Southwest Kansas, Inc. (Tretbar, William) |
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notice
Notice of Judge Assignment
Wed 11/25 2:11 PM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Kenneth G. Gale for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jk) |
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