Painter v. John Alden Life Insurance Company
| Kentucky Eastern District Court | |
| Judge: | David L Bunning |
| Referred: | Edward B Atkins |
| Case #: | 2:21-cv-00040 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Mar 22, 2021 |
| Terminated: | May 27, 2022 |
| Case in other court: | Campbell Circuit Court, 21-CI-00113 |
| Last checked: Saturday Sep 18, 2021 4:48 AM EDT |
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Defendant
John Alden Life Insurance Company
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Represented By
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Plaintiff
Louella Painter
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Represented By
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GPO
May 27 2022
MEMORANDUM OPINION & ORDER: 1) Defendant's Motion to Strike 32 is DENIED; 2) Plaintiff's Motion for Summary Judgment 20 is DENIED; 3) Defendant's Motion for Summary Judgment 24 is GRANTED; 4) Judgment in favor of Defendant shall be filed. Signed by Judge David L. Bunning on 5/27/2022.(TJZ)cc: COR |
| Docket last updated: 8 hours ago |
| Friday, March 17, 2023 | ||
| 44 | 44
appeal
USCA Mandate
Fri 03/17 11:11 AM
MANDATE of USCA as to39 Notice of Appeal filed by Louella Painter Appeal. We Affirm Judgment of the District Court re Appeal 22-5530 ECO) |
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Att: 1
Cover Letter
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| Thursday, February 23, 2023 | ||
| 43 | 43
appeal
USCA Judgment
Thu 02/23 2:52 PM
USCA JUDGMENT as to39 Notice of Appeal- 22-5530 filed by Louella Painter- Mandate to Issue.(TDB) |
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Att: 1
USCA Opinion,
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Att: 2
USCA Letter- Mandate to Issue
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| Monday, July 18, 2022 | ||
| 42 | 42
misc
Costs Taxed
Mon 07/18 3:57 PM
Clerk's Taxation of Costs: Costs are taxed in favor of defendant against the plaintiff in the amount of $1,150.05. cc: COR (TJZ) |
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| Monday, June 27, 2022 | ||
| 41 | 41
motion
Bill of Costs
Mon 06/27 5:41 PM
BILL OF COSTS by John Alden Life Insurance Company . (Busby, Jennifer) |
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| Wednesday, June 22, 2022 | ||
| 40 | 40
appeal
USCA Case Number
Wed 06/22 3:11 PM
USCA Case Number 22-5530 Case Manager Leon T. Korotko for39 Notice of Appeal filed by Louella Painter. (TJZ) |
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| 39 | 39
appeal
Notice of Appeal
Wed 06/22 11:34 AM
NOTICE OF APPEAL as to38 Judgment, by Louella Painter. Filing fee $ 505, receipt number AKYEDC-5295503. (Lane, Donald) |
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| Friday, May 27, 2022 | ||
| 38 | 38
order
Judgment
Fri 05/27 9:56 AM
JUDGMENT: 1) Judgment is entered in favor of Defendant; 2) Plaintiff's Complaint is DISMISSED; 3) This matter is STRICKEN from the Court's docket. This is a FINAL and APPEALABLE Order and no just cause for delay exists. Signed by Judge David L. Bunning on 5/27/2022.(TJZ) |
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| 37 | 37
13
pgs
order
Memorandum Opinion and Order Terminate Motions
Fri 05/27 9:53 AM
MEMORANDUM OPINION & ORDER: 1) Defendant's Motion to Strike32 is DENIED; 2) Plaintiff's Motion for Summary Judgment20 is DENIED; 3) Defendant's Motion for Summary Judgment24 is GRANTED; 4) Judgment in favor of Defendant shall be filed. Signed by Judge David L. Bunning on 5/27/2022.(TJZ) |
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| Wednesday, May 11, 2022 | ||
| 36 | 36
notice
Notice of Clerical Error re: PDF Document
Wed 05/11 4:37 PM
NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: UNREDACTED document attached to docket entry by docket clerk; re30 Affidavit ; Correct document attached to this entry. *tjz*. (Per Order entered 5/11/2022) cc: COR (TJZ) |
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order
Order
Wed 05/11 4:17 PM
VIRTUAL ORDER: Upon the Court's own motion, and the record reflecting that Plaintiff's DOB and SSN are part of the record in this matter at DE 30, Page ID# 456 and 458, IT IS ORDERED that the Clerk shall substitute redacted copies of Page ID# 456 & 458 for the pages currently in the record. Signed by Judge David L. Bunning on 5/11/2022.(TJZ) |
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| Tuesday, March 08, 2022 | ||
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utility
Motion Submitted
Tue 03/08 9:43 AM
***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re32 MOTION to Strike30 Affidavit by John Alden Life Insurance Company (TJZ) |
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| Monday, March 07, 2022 | ||
| 34 | 34
respm
Reply to Response to Motion
Mon 03/07 5:16 PM
REPLY to Response to Motion re32 MOTION to Strike30 Affidavit by John Alden Life Insurance Company filed by John Alden Life Insurance Company. (Busby, Jennifer) |
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| Monday, February 21, 2022 | ||
| 33 | 33
respm
Response in Opposition to Motion
Mon 02/21 2:26 PM
RESPONSE in Opposition re32 MOTION to Strike30 Affidavit by John Alden Life Insurance Company filed by Louella Painter. (Lane, Donald) |
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| Thursday, February 17, 2022 | ||
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utility
Motion Submitted
Thu 02/17 10:11 AM
***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re24 MOTION for Summary Judgment by John Alden Life Insurance Company ,20 MOTION for Summary Judgment by Louella Painter (TJZ) |
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| Wednesday, February 16, 2022 | ||
| 32 | 32
motion
Strike
Wed 02/16 5:52 PM
MOTION to Strike30 Affidavit by John Alden Life Insurance Company Motions referred to Edward B. Atkins.(Neal, Brian) |
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Att: 1
Proposed Order Proposed Order Granting Motion to Strike
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| 31 | 31
respoth
Reply Brief
Wed 02/16 3:57 PM
REPLY BRIEF to28 Plaintiff's Memo in Opposition to Defendant's Motion for Summary Judgment filed by John Alden Life Insurance Company. (Neal, Brian) |
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| Wednesday, February 09, 2022 | ||
| 30 | 30
misc
Affidavit
Wed 02/09 8:16 AM
AFFIDAVIT re29 REPLY,28 Response in Opposition to Motion,27 Response in Support of Motion by Louella Painter. (Lane, Donald) |
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| Wednesday, February 02, 2022 | ||
| 29 | 29
respoth
Reply
Wed 02/02 3:04 PM
REPLY to25 filed by Louella Painter. (Lane, Donald) |
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| 28 | 28
respm
Response in Opposition to Motion
Wed 02/02 2:58 PM
RESPONSE in Opposition re24 MOTION for Summary Judgment by John Alden Life Insurance Company filed by Louella Painter. (Lane, Donald) |
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| 27 | 27
respm
Response in Support of Motion
Wed 02/02 2:57 PM
RESPONSE in Support re20 MOTION for Summary Judgment by Louella Painter filed by Louella Painter. (Lane, Donald) |
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| Friday, January 21, 2022 | ||
| 26 | 26
notice
Notice of Filing
Fri 01/21 3:23 PM
NOTICE OF FILING by John Alden Life Insurance Company re24 MOTION for Summary Judgment by John Alden Life Insurance Company (Busby, Jennifer) |
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Att: 1
Exhibit Proposed Order
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| Thursday, January 20, 2022 | ||
| 25 | 25
respm
Response in Opposition to Motion
Thu 01/20 5:57 PM
RESPONSE in Opposition re20 MOTION for Summary Judgment by Louella Painter filed by John Alden Life Insurance Company. (Busby, Jennifer) |
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| 24 | 24
motion
Summary Judgment
Thu 01/20 4:28 PM
MOTION for Summary Judgment by John Alden Life Insurance Company(Busby, Jennifer) |
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Att: 1
Exhibit D. Sanchez Declaration & Exhibits,
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Att: 2
Exhibit Deposition of Corporate Representative, Robert Long
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| Thursday, January 13, 2022 | ||
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utility
File Submitted
Thu 01/13 8:33 AM
***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review:22 Status Report,23 Status Report (ECO) |
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| Wednesday, January 12, 2022 | ||
| 23 | 23
misc
Status Report
Wed 01/12 7:05 PM
STATUS REPORT Defendant John Alden Life Insurance Company's Status Report by John Alden Life Insurance Company. (Neal, Brian) |
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| 22 | 22
misc
Status Report
Wed 01/12 10:30 AM
STATUS REPORT by Louella Painter. (Lane, Donald) |
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| Thursday, December 30, 2021 | ||
| 21 | 21
misc
Affidavit
Thu 12/30 2:39 PM
AFFIDAVIT re20 MOTION for Summary Judgment by Louella Painter by Louella Painter. (Lane, Donald) |
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| 20 | 20
motion
Summary Judgment
Thu 12/30 2:38 PM
MOTION for Summary Judgment by Louella Painter(Lane, Donald) |
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Att: 1
Proposed Order Proposed Order Granting MSJ
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| Monday, November 01, 2021 | ||
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misc
Notice of Fee Refund Approved
Mon 11/01 4:03 PM
NOTICE OF FEE REFUND APPROVED re19 Request for Fee Refund ; the fee transaction involving Receipt No. 0643-4961968 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 125.00 was successfully completed on 11/1/2021 at 3:51 pm cc: COR (TJZ) |
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| Thursday, October 21, 2021 | ||
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utility
File Submitted
Thu 10/21 8:13 AM
***FILE SUBMITTED TO CHAMBERS of Finance for review:19 Request for Fee Refund (ECO) |
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| Wednesday, October 20, 2021 | ||
| 19 | 19
misc
Request for Fee Refund
Wed 10/20 4:40 PM
REQUEST FOR FEE REFUND TO CREDIT CARD by John Alden Life Insurance Company . (Neal, Brian) |
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| 18 | 18
respoth
Notice of Appearance
Wed 10/20 12:02 PM
NOTICE OF APPEARANCE by Louella Painter. (Rinear, Richard) |
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| Thursday, June 10, 2021 | ||
| 17 | 17
2
pgs
order
Order ~Util - Set Deadlines
Thu 06/10 11:32 AM
SCHEDULING ORDER: (1) Rule 26(a)(1) Initial Disclosures on or before May 14, 2021 These disclosures should not be filed in the Court record. (2) Motion to Join Parties/Amend Pleadings on or before July 15, 2021. (3) Rule 26(a)(2) Expert Witness Disclosures and Reports Deadline for Plaintiff on or before September 30, 2021 Deadline for Defendant on or before December 15, 2021. (4) Fact Discovery on or before January 14, 2022. (5) Status Report on or before January 14, 2022 (close of discovery). (6) Dispositive or Daubert Motions on or before February 11, 2022. (7) Copies of Memoranda A courtesy copy of briefs and memoranda in support of motions must be provided to Chambers within 48 hours of electronic filing; said courtesy copy should be in paper form or electronic format. (See Order for Details) Amended Pleadings due by 7/15/2021., Dispositive Motions due by 2/11/2022., Rule 26 Meeting Report due by 9/30/2021., Status Report due by 1/14/2022.) Signed by Judge David L. Bunning on 06/10/2021.(SLG) |
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| Tuesday, June 08, 2021 | ||
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1
pgs
order
Order on Motion to Bifurcate
Tue 06/08 10:25 AM
ORDER: Defendant's Unopposed Motion to Bifurcate and Stay Discovery15 is GRANTED as follows: Plaintiff's claims for breach of contract and declaratory judgment (the "Underlying Claims") shall be tried separately from the remaining causes of action in the Amended Complaint (the "Bad Faith Claims"). Any discovery on the Bad Faith Claims is stayed pending the adjudication of the Underlying Claims. Signed by Magistrate Judge Edward B. Atkins on 6/8/2021. (SLG) |
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| Monday, June 07, 2021 | ||
| 15 | 15
motion
Bifurcate
Mon 06/07 5:41 PM
MOTION to Bifurcate by John Alden Life Insurance Company Unopposed Motion to Bifurcate and Stay Discovery on Bad Faith Claims Motions referred to Edward B. Atkins.(Neal, Brian) |
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Att: 1
Memorandum in Support Memo in Support of Motion to Bifurcate and Stay Discovery,
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Att: 2
Proposed Order Proposed Order Granting Motion to Bifurcate and Stay Discovery
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| Thursday, May 06, 2021 | ||
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utility
File Submitted
Thu 05/06 9:14 AM
***FILE SUBMITTED TO CHAMBERS of Edward B. Atkins for review:14 Notice of Substitution of Counsel. (ECO) |
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| Wednesday, May 05, 2021 | ||
| 14 | 14
notice
Other Notice
Wed 05/05 9:16 AM
NOTICE by Louella Painter of Substitution of Counsel (Oad, Pawan) |
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| Tuesday, May 04, 2021 | ||
| 13 | 13
1
pgs
order
Order on Motion Appear Pro Hac Vice
Tue 05/04 10:01 AM
ORDER: that Jennifer M. Busby is admitted to practice pro hac vice as counsel for the Defendant, John Alden Life Insurance Company in the above referenced case pending in the United States District Court for the Eastern District of Kentucky. Signed by Magistrate Judge Edward B. Atkins on 5/4/21. (KRB) |
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| Monday, May 03, 2021 | ||
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misc
Bar Status Check
Mon 05/03 9:43 AM
BAR STATUS Check completed as to Jennifer M. Busby re12 MOTION for Jennifer M. Busby to Appear Pro Hac Vice by John Alden Life Insurance Company ( Filing fee $125; receipt number 0643-4961969). (KRB) |
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| Friday, April 30, 2021 | ||
| 12 | 12
motion
Appear Pro Hac Vice
Fri 04/30 8:31 PM
MOTION for Jennifer M. Busby to Appear Pro Hac Vice by John Alden Life Insurance Company ( Filing fee $125; receipt number 0643-4961969)Motions referred to Edward B. Atkins.(Neal, Brian) |
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Att: 1
Exhibit Ex. 1-Cert. of Good Standing,
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Att: 2
Proposed Order
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| Thursday, April 22, 2021 | ||
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utility
File Submitted
Thu 04/22 9:41 AM
***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review:11 Status Report (KRB) |
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| Wednesday, April 21, 2021 | ||
| 11 | 11
misc
Status Report
Wed 04/21 1:24 PM
JOINT STATUS REPORT by Louella Painter. (Lane, Donald) |
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| Thursday, April 15, 2021 | ||
| 10 | 10
1
pgs
order
Order on Motion Appear Pro Hac Vice
Thu 04/15 10:00 AM
ORDER: The plaintiff's motion9 is GRANTED. Donald A. Lane shall be permitted to serve as pro hac vice counsel for the Plaintiff in this matter. Signed by Magistrate Judge Edward B. Atkins on 04/15/2021. (SLG) |
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misc
Bar Status Check
Thu 04/15 9:59 AM
BAR STATUS Check completed as to Donald A. Lane re9 MOTION for Donald A. Lane to Appear Pro Hac Vice by Louella Painter ( Filing fee $125; receipt number 0643-4946531). (KRB) |
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| Wednesday, April 14, 2021 | ||
| 9 | 9
motion
Appear Pro Hac Vice
Wed 04/14 8:16 AM
MOTION for Donald A. Lane to Appear Pro Hac Vice by Louella Painter ( Filing fee $125; receipt number 0643-4946531)Motions referred to Edward B. Atkins.(Rinear, Richard) |
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Att: 1
Exhibit A - Certificate of Good Standing,
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Att: 2
Proposed Order Proposed Order
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| Tuesday, April 13, 2021 | ||
| 8 | 8
respoth
Notice of Appearance
Tue 04/13 4:14 PM
NOTICE OF APPEARANCE by Louella Painter. (Rinear, Richard) |
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| Wednesday, March 31, 2021 | ||
| 7 | 7
2
pgs
order
Order For Meeting and Report
Wed 03/31 1:53 PM
ORDER FOR MEETING AND REPORT: (1) Within twenty-one (21) days from the date of the entry of this Order, the parties, by counsel, shall meet, either in person or by telephone, to discuss the nature and basis of their claims and defenses, and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1) of the Federal Rules of Civil Procedure, and to develop a proposed discovery plan. See Fed. R. Civ. P. 26(f). (2) Within ten (10) days after the meeting, the parties shall file a joint status report. Should the parties find that a joint report is not possible, the parties shall each file individual reports, which the Court shall entertain for the purposes of setting out its Scheduling Order or other appropriate Orders.. Signed by Judge David L. Bunning on 3/31/2021.(KRB) |
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Att: 1
MJ Consent
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| Monday, March 29, 2021 | ||
| 6 | 6
answer
Answer to Complaint
Mon 03/29 6:02 PM
ANSWER to Complaint Answer to Plaintiff's Amended Complaint by John Alden Life Insurance Company.(Neal, Brian) |
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| Tuesday, March 23, 2021 | ||
| 5 | 5
misc
Disclosure Statement pursuant to FRCP 7.1
Tue 03/23 5:18 PM
FRCP 7.1 DISCLOSURE STATEMENT by John Alden Life Insurance Company identifying Corporate Parent John Alden Financial Corp. for John Alden Life Insurance Company.. (Neal, Brian) |
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| 4 | 4
notice
Attorney Notice
Tue 03/23 3:15 PM
NOTICE TO ATTORNEY Jennifer M. Busby by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (ECO) |
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| 3 | 3
2
pgs
order
Order ~Util - Case Referred to Magistrate Judge
Tue 03/23 12:34 PM
STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011.(ECO) |
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misc
Conflict Check
Tue 03/23 12:31 PM
Conflict Check run. (ECO) |
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| Monday, March 22, 2021 | ||
| 1 | 1
cmp
Notice of Removal
Tue 03/23 12:29 PM
NOTICE OF REMOVAL from Campbell Circuit Court, case number 21-CI-00113. ( Filing fee $402; receipt number 0643-4926722) filed by John Alden Life Insurance Company.(ECO) |
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Att: 1
119 pgs
Exhibit 1-Court Record,
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Att: 2
Exhibit 2-Declaration of Daryl Sanchez,
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Att: 3
Civil Cover Sheet
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