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16-300 - Acuity, A Mutual Insurance Company et al v. Rex, LLC et al


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16-300 - Acuity, A Mutual Insurance Company et al v. Rex, LLC et al
October 30, 2017
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Defendants' motion to dismiss or, in the alternative, to transfer venue is HELD IN ABEYANCE. ECF No. 25. Plaintiff is granted leave to post the appropriate amount of $21 million or dismiss Count I on or before November 13, 2017. Failure to post the appropriate amount or dismiss Count I may result in the Court dismissing Count I for lack of subject matter jurisdiction. Response to Court due by 11/13/2017. Signed by District Judge Audrey G. Fleissig on 10/30/17. (MRS)
January 4, 2018
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MEMORANDUM AND ORDER re:42 MOTION to Amend/Correct Complaint and Dismiss Count I filed by Interpleader Plaintiff Acuity, A Mutual Insurance Company motion is GRANTED. The Clerk of Court shall detach the proposed first amended complaint (ECF No. 42-1) and docket it as Acuitys First Amended Complaint for Declaratory Relief. IT IS FURTHER ORDERED that the Geans will file any supplemental briefing on the issue of personal jurisdiction on or before January 11, 2018. IT IS FURTHER ORDERED that Acuity will file any reply on or before January 18, 2018. Signed by District Judge Audrey G. Fleissig on 1/4/18. (MRS)
January 11, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion to enjoin all claimants/Defendants from instituting or prosecuting any proceeding in any State or United States Court affecting the insurance proceeds of the underlying interpleader action pursuant to 28 U.S.C. ยง 2361 is DENIED as moot. ECF No. 15. Signed by District Judge Audrey G. Fleissig on 1/11/2017. (JMC)
February 6, 2018
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MEMORANDUM AND ORDER re:25 MOTION to Dismiss Case filed by Defendant ESTATE OF JEAN CAROL GEAN, Defendant Ronald Lee Gean. IT IS HEREBY ORDERED that Defendants Ronald Lee Gean and the Estate of Jean Carol Gean's motion to dismiss for lack of personal jurisdiction is GRANTED. ECF No. 25.IT IS FURTHER ORDERED that on or before February 15, 2018, Plaintiff willshow cause in writing why this lawsuit should not be dismiss for lack of an actual controversy. Failure to comply with this Order may result in the dismissal of this action. (Show Cause Response due by 2/15/2018.) Signed by District Judge Audrey G. Fleissig on 2/6/18. (CSG)
March 9, 2018
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. A separate Order of Dismissal shall accompany this Memorandum and Order. IT IS FURTHER ORDERED that the Registry of the Court shall remain in possession of the $1 million policy proceeds pending Acuitys appeal of the Courts decisions. Signed by District Judge Audrey G. Fleissig on 3/9/18. (MRS)