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16-275 - Kusek v. Principal Financial Group


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16-275 - Kusek v. Principal Financial Group
October 20, 2016
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ORDER granting 23, Defendant's motion for leave to deposit money into the court. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Finance) (KLF)
December 19, 2016
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ORDER: The parties shall review the undersigned magistrate judges practices posted at Civil Case Management Practices. Counsel for the parties shall confer and, on or before January 18, 2017, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before January 9, 2017 a party shall contact my chambers at (402) 437-1670, or by email addressed to [email protected], to arrange a conference call. Rule 26 Meeting Report Deadline set for 1/18/2017. Ordered by Magistrate Judge Cheryl R. Zwart. (KMG)
February 22, 2017
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ORDER - that the parties' Stipulation for Entry of Decree of Interpleader (filing 37) is denied without prejudice. Ordered by Judge John M. Gerrard. (KLF)
April 3, 2017
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ORDER - The parties' Stipulation for Entry of Decree of Interpleader (filing 45) is granted. Principal Life Insurance Company shall hold all funds maintained in decedent Karla Kusek's 401(k) account until further order of the Court. Principal Life Insurance Company shall produce all documents in connection with the decedent's group universal life insurance policy and all documents concerning and related to the decedent's 401(k) account, including its claim file, on or before May 3, 2017. Principal Life Insurance Company shall be discharged from any and all liability, arising out of the decedent's employee welfare benefit plan and the life insurance policy and 401(k) plan described above, as arising out of the decedent's death. Principal Life Insurance Company is dismissed as a party to this action with prejudice. David Kusek's claims against Principal Life Insurance Company, and Principal Life Insurance Company's claims against the third-party defendants and against David Kusek, are dismissed. Counterclaimants Katie, Kenzie, and Kyle Kloke's counterclaim against counter-defendant David Kusek remains pending. The remaining parties to this case shall litigate their claims and contentions regarding the proceeds from the life insurance policy and 401(k) funds without further involvement of Principal Life Insurance Company. Ordered by Judge John M. Gerrard. (KLF)