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15-296 - Wilmington Trust v. Mason et al


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15-296 - Wilmington Trust v. Mason et al
September 21, 2015
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ORDER TO SHOW CAUSE - The plaintiff has until the close of business on October 9, 2015, to show cause why this case should not be dismissed against the defendants for failure to prosecute or take some other appropriate action. Show Cause Deadline set for 10/9/2015. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
November 16, 2015
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ORDER - After conferring with counsel and with pro se defendant, Sharyl A. Mason, Plaintiff Wilmington Trust, N.A.s anticipated motion for judgment on the pleadings (or for summary judgment) shall be filed on or before December 1, 2015. Defendant FBL Financial Group, Inc.s anticipated motion to deposit the insurance funds at issue into the court shall be filed on or before December 1, 2015. Any responses to the motions filed by Wilmington Trust, N.A. and by FBL Financial Group, Inc. shall be filed within 21 calendar days after the motions are filed. Discovery is stayed pending further order of the court. If any party believes discovery is needed to fully and fairly present or respond to a motion, that party shall promptly file a motion to set aside the discovery stay. If this case is not fully resolved on the motions filed by Plaintiff Wilmington Trust, N.A. and Defendant FBL Financial Group, Inc., within 10 days following Judge Gerrards ruling on those motions, any parties who remain in the case following the ruling shall contact the undersigned magistrate judges chambers for a conference and the entry of a case progression schedule. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(MKR)
December 22, 2015
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ORDER granting Sharyl Mason's 26 Motion for Extension of Time. The defendants may respond to Wilmington Trust's Motion for Judgment on the Pleadings 24 on or before January 4, 2016. Wilmington Trust may file its reply, if any, on or before January 14, 2016. Ordered by Judge John M. Gerrard. (MKR)
January 6, 2016
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ORDER granting Sharyl Mason's 28 Motion for Extension of Time. The defendants may respond to Wilmington Trust's Motion for Judgment on the Pleadings 24 on or before January 6, 2016. Wilmington Trust must file its reply, if any, on or before January 16, 2016. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)
January 6, 2016
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ORDER granting defendant FBL Financial Group, Inc's 23 Motion for Interpleader. FBL Financial Group, Inc. may deposit the $108,226.25 in its possession that is at issue in this case with the Clerk of the Court pursuant to Federal Rule of Civil Procedure 67. The Clerk of the Court shall deposit the funds into an interest-bearing account until further order of this Court. Upon being notified that the sum has been so deposited, the Court will dismiss FBL from this matter. Ordered by Judge John M. Gerrard. (Copy mailedto pro se party and to financial)(MKR) Modified on 1/6/2016 to reflect copy given to financial(MKR).
January 22, 2016
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ORDER - The parties may object on or before January 29, 2016 to FBL's dismissal as a party to this case. If no parties object, the Court will dismiss FBL as a party to this case without further notice. Ordered by Judge John M. Gerrard. (MKR)
February 3, 2016
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ORDER - The Clerk of the Court shall send a copy of this order to Mason along with a copy of Form AO 240. Mason shall complete Form AO 240 and send the completed form to the Court on or before February 18, 2016. The Clerk of the Court shall set a case management deadline of February 18, 2016 with the following docket text: Check on Form AO 240. ***Set/Reset All Deadlines: ( Case Management Deadline set for 2/18/2016: Check on form AO 240) Ordered by Judge John M. Gerrard. (Copies mailed as directed) (MKR)
February 3, 2016
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errard. (Copy mailed to pro se party) (MKR)ORDER - The claims asserted against FBL Financial Group, Inc. are dismissed. The parties shall bear their own costs and fees with respect to those claims. FBL Financial Group, Inc. is terminated as a party to this case. Ordered by Judge John M. G
April 12, 2016
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ORDER - Mason's motion for appointment of counsel (filing 29 at 39) is granted. Mason's motion for leave to proceed in forma pauperis (filing 37) is granted. Pursuant to NEGenR 1.7(g), 28 U.S.C. ยง 1915(e)(1), and the inherent authority of the Court, Kamron T. Hasan and the law firm of Husch Blackwell LLP are appointed to represent Mason: Kamron T. Hasan, Husch Blackwell LLP, 13330 California Street, Suite 200, Omaha, NE 68154, 402-964-5000, The Clerk of the Court shall provide a copy of this order to the above-named counsel. Counsel shall promptly enter an appearance accepting the Court's appointment. Expenses and attorney fees shall be paid from the Federal Practice Fund under the restrictions set out in NEGenR 1.7(g) and this district's Amended Federal Practice Fund Plan and the Federal Practice Committee Plan (as adopted March 11, 2014). Counsel is particularly directed to Section II(A)(1) (a), Section VI(A)(1), and Attachment A of the Amended Federal Practice Fund Plan, which explain what fees and expenses are authorized and how to seek reimbursement. Mason may file an amended response to the plaintiff's motion for judgment on the pleadings (filing 24), or an amended answer, on or before May 2, 2016. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(MKR)
February 15, 2017
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ORDER that the Plaintiff's response to Defendant's motion to quash, (Filing No. 60), shall be filed on or before February 22, 2017. Pending a ruling on the motion to quash, any response to the subpoena served on non-party FBL Financial Group, Inc., d/b/a Farm Bureau Financial Services ("Farm Bureau") is stayed. The clerk shall serve a copy of this order on Christopher J. Tjaden, Gross, Welch Law Firm, 2120 South 72nd Street, Suite 1500, Omaha Tower, Omaha, NE 68124 ([email protected]). Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LAC)
April 10, 2017
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ORDER ON DISTRIBUTION OF FUNDS AND DISMISSAL that the Clerk of the Court is ordered to distribute the aforementioned insurance proceeds as follows: a. $71,000.00 by check made payable to "Sharyl A. Mason" and delivered c/o her counsel, Kamron T.M. Hasan, HUSCH BLACKWELL LLP, 13330 California Street, Suite 200, Omaha, NE 68154. b. $37,226.25 by check made payable to "Shellpoint Mortgage Servicing" and delivered c/o Martin S. Frenkel, MADDIN, HAUSER, ROTH, & HELLER, P.C., 28400 Northwestern Highway, 2nd Floor, Southfield, MI 48034. This matter is dismissed in its entirety, with prejudice, each party to bear its own costs and attorneys' fees. Ordered by Judge John M. Gerrard. (E-mailed to Finance)(LAC)
April 12, 2017
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ORDER that in addition to the distribution referred to in Order 73, the Clerk of the Court shall distribute any accrued interest to Shellpoint Mortgage Servicing. Such payments shall be made by check payable to "Shellpoint Mortgage Servicing" and delivered c/o Martin S. Frenkel, MADDIN, HAUSER, ROTH, & HELLER, P.C., 28400 Northwestern Highway, 2nd Floor, Southfield, MI 48034. Ordered by Judge John M. Gerrard. (E-mailed to Finance)(ADB)