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05-378 - Bush v. Teachers Insurance and Annuity Association of America et al


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05-378 - Bush v. Teachers Insurance and Annuity Association of America et al
July 6, 2005
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ORDER granting 9 Motion for Leave to File Response; It is further ordered that the plaintiff shall file her response to the defendant's counter-claim on or before 7/26/05 as further set out in order. Signed by Judge Vanzetta P. McPherson on 7/6/05. (vmc, )
July 14, 2005
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ORDER Setting Scheduling Conference set for 8/1/2005 10:30 AM in Courtroom 5A before Honorable Vanzetta P. McPherson; that on or before 7/25/05, each party shall complete and send to the Clerk of the Court the attached consent form; The Rule 26(f) report containing the discovery plan shall be filed as soon as practicle but not later than 7/25/05; Rule 26 Meeting Report due by 7/25/2005. Signed by Judge Vanzetta P. McPherson on 7/14/05. (furn: yg hc wr)(vmc, )
July 7, 2006
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MEMORANDUM OPINION AND ORDER (1) Marthann Bush's motion for summary judgment of the Bush children's claimfor declaratory judgment regarding the identity of the rightful beneficiary tocontracts designated as C837045-8 and U837045-6 is GRANTED; (2) DECLARING that the rightful beneficiary to the contracts designatedas C837045-8 and U837045-6 is the beneficiary named on the contracts at thetime of the decedent's death, Marthann Bush; (3) Upon entry of final judgment in this case, interpleader TIAA-CREF shalldistribute immediately the funds payable to the beneficiary of theaforedescribed contracts in accordance with this order and the terms of saidcontracts; (4) This case shall proceed to non-jury trial on 24 July 2006 on the followingissues: (a) the Bush children's state law claims against Marthann Bush, (b)their request for a declaration that they are the rightful beneficiaries of thecontracts remaining in dispute, and (c) TIAA-CREF's request to bedischarged from liability; (5) DIRECTING the parties to notify the court on or before 19 July 2006 whether they have settled their remaining disputes. Signed by Judge Vanzetta P. McPherson on 7/7/06. (Attachments: # (1) civil appeals checklist)(djy, )
October 30, 2006
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MEMORANDUM OPINION AND ORDER as follows: 1) The court Declares that Bonita Bush Flynt, John Martin Bush, and Henry Brackin Bush are the rightful beneficiaries to the contracts designated as D5299781,V5299788, K8393668, J8393660; 2) The court Finds in favor of Marthann Bush and against Bonita Bush Flynt, John Martin Bush, and Henry Brackin Bush on all of the tort claims asserted against her and will enter final judgment reflecting this finding concurrent with this Memorandum Opinion and Order; 3) Upon entry of final judgment in this case, interpleader TIAA-CREF shall distribute immediately the funds payable to the beneficiary(ies) of the aforedescribed contracts in accordance with this order, all applicable federal and state laws, and the terms of said contracts; 4) Denying without prejudice 49 MOTION for Attorney Fees filed by Teachers Insurance and Annuity Association of America,, College Retirement Equities Fund; 5) The Clerk of the Court is directed to close this case and terminate all pending motions. Signed by Judge Vanzetta P. McPherson on 10/30/06. (Attachments: # (1) appeals checklist)(vma, )
April 16, 2008
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MEMORANDUM OPINION AND ORDER, it is the Order, Judgment, and Decree of the court that the 64 MOTION for Attorney Fees filed by College Retirement Equities Fund, Teachers Insurance and Annuity Association of America is denied. Signed by Judge Honorable Wallace Capel, Jr on 4/16/08. (Attachments: # (1) appeals checklist)(vma, )