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12-2129 - Provident Life and Accident Insurance Company v. Elswick et al


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12-2129 - Provident Life and Accident Insurance Company v. Elswick et al
November 14, 2012
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 11/14/2012 CONTINUING the Scheduling Conference to 1/28/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; ORDERING that a Joint Status Report be filed 14 days prior to the hearing. (Michel, G)
January 23, 2013
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ORDER signed by Judge Garland E. Burrell, Jr on 1/23/13 CONTINUING Pretrial Scheduling Conference to 2/11/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Joint status report due no later than 14 days prior to conference. (Manzer, C)
February 7, 2013
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ORDER signed by Judge Garland E. Burrell, Jr on 2/7/13 ORDERING that the Status Conference is CONTINUED from 2/11/13 to 6/24/2013 at 09:00 AM. A further joint status report shall be filed no later than fourteen (14) days prior to the Status Conference. Further, the Estate is notified under Rule 4 (m) of the Federal Rules of Civil Procedure that failure to serve Elswick with process within the 120 day period prescribed in that Rule may result in the Cross-Claim being dismissed. To avoid dismissal, on or 5/24/13, the Estate shall file proof of service of the Cross-Claim or a sufficient explanation why service was not effected within Rule 4(m)s prescribed service period.(Mena-Sanchez, L)
August 7, 2013
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/6/2013 ORDERING that Defendants Patricia Elswick and the Estate of John A. Wiles are restrained from instituting any suit at law or equity, or action of any kind whatsoever, against Plaintiff Provident Life and Accident Insurance Company with respect to the employee welfare benefit plan sponsored by Farmers Group, Inc., the group life insurance policies issued by Plaintiff that funded the Plan, and the life insurance benefits that were payable as a consequence of the death of Sandra Wiles. Plaintiff is DISMISSED with prejudice from this action and Plaintiff is DISCHARGED of all liability with respect to the Plan, the Policies and/or the Plan Benefits. Plaintiff is awarded the sum of $2,278.80 as its reasonable attorneys' fees and costs. (Zignago, K.)
January 8, 2014
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ORDER signed by District Judge Troy L. Nunley on 1/7/14 GRANTING request to extend non-expert discovery deadline to 2/18/14. (Manzer, C)
February 19, 2014
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ORDER signed by District Judge Troy L. Nunley on 2/13/2014 ORDERING that Elswick's 47 Motion for Summary Judgment is DENIED with leave to refile. Elswick is permitted to refile her motion for summary judgment and her opposition to the Estate's motion within twenty-one (21) days of entry of this Order. 5 The Estate's response is due within fourteen (14) days after Elswick's filing. No further filings will be permitted. The Court DEFERS ruling on the Estate's 37 motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(e) pending resubmission of Elswicks summary judgment materials. (Zignago, K.)
March 21, 2014
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STIPULATED ORDER OF DISMISSAL signed by District Judge Troy L. Nunley on 3/20/14: The clerk shall enter an order of dismissal with prejudice on the claims of all the parties without costs or attorneys fees. The Court clerk shall disburse all remaining Interpled Registry Funds, and any interest accrued, to Estate of John Adolf Wiles. (cc: Financial) (Kaminski, H)