| 1 |
Filed: 8/1/2003, Entered: 8/4/2003 |
ADR - Miscellaneous |
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COMPLAINT filed. Considered for possible arbitration. (MRB)
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| 2 |
Filed: 8/5/2003, Entered: 8/7/2003 |
Corporate Disclosure Statement |
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CORPORATE DISCLOSURE STATEMENT by pla United of Omaha Life (SAT)
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| 3 |
Filed: 8/28/2003, Entered: 9/2/2003, Terminated: 7/23/2004 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft R A Smith Sr ; waiver sent on 8/25/03 (LAD)
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| 4 |
Filed: 8/28/2003, Entered: 9/2/2003 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft Betty Jo Smith; waiver sent on 8/25/03 (LAD)
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| 5 |
Filed: 9/3/2003, Entered: 9/8/2003 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft Felicia M Smith; waiver sent on 8/27/03 (LAD)
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| 6 |
Filed: 9/3/2003, Entered: 9/8/2003 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft R (Rocky) A Smith Sr; waiver sent on 8/27/03 (LAD)
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| 7 |
Filed: 9/3/2003, Entered: 9/8/2003 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft Sarina Sue Smith; waiver sent on 8/8/03 (LAD)
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| 8 |
Filed: 9/3/2003, Entered: 9/8/2003 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft Vicki Smith; waiver sent on 8/21/03 (LAD)
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| 9 |
Filed: 10/17/2003, Entered: 10/21/2003 |
Answer to Complaint |
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SEPARATE ANSWER to complaint [1-1] by dft R A (Rocky) Smith Sr (LAD)
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| 10 |
Filed: 10/17/2003, Entered: 10/21/2003 |
Answer to Complaint |
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SEPARATE ANSWER to complaint [1-1] by dft Betty Jo Smith (LAD)
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| 11 |
Filed: 10/17/2003, Entered: 10/21/2003 |
Crossclaim |
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SEPARATE ANSWER to complaint [1-1] AND CROSSCLAIM by dft Vicki Smith, dft Sarina Sue Smith, dft R A Smith III, dft Felicia M Smith against dft R A Smith Sr, dft Betty Jo Smith (LAD)
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| 12 |
Filed: 10/21/2003, Entered: 10/21/2003 |
Order |
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ORDER by Judge James A. Teilborg scheduling conf set for 10:45 12/22/03 ; FURTHER ORDERED that counsel who will be responsible for trial of the lawsuit for each party shall appear and participate in the scheduling conference; FURTHER ORDERED that the Clerk of Court is directed to send copies of this order to all counsel of record and to all parties if any appearing in propria persona (cc: all counsel) (LAD)
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| 13 |
Filed: 10/28/2003, Entered: 10/30/2003 |
Answer to Crossclaim |
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ANSWER TO CROSSCLAIM [11-1] by dft R A Smith Sr, dft Betty Jo Smith (LAD)
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| 14 |
Filed: 11/5/2003, Entered: 11/7/2003, Terminated: 7/13/2004 |
Motion for Miscellaneous Relief |
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MOTION to deposit insurance proceeds with the Clerk of the COurt by pla United of Omaha Life [14-1] , for discharge (of United of Omaha from any and all liability under United of Omaha policy no 3802487) by pla United of Omaha Life [14-2] and for permanent injunction (enjoining all parties from commencing or prosecuting any action re United of Omaha under policy no 3802487 in state or federal court) by pla United Omaha Life [14-3] (LAD)
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| 15 |
Filed: 12/11/2003, Entered: 12/16/2003 |
Report re: Rule 26(f) Planning Meeting |
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JOINT PROPOSED CASE MGT PLAN/REPORT: joint pretrial order ddl 30 days before trial; discovery cutoff 3/31/04; dispositive motions filing ddl is 4/15/04 (LAD)
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| 17 |
Filed: 12/19/2003, Entered: 12/23/2003 |
Other Notice |
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NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla United of Omaha Life (LAD)
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| 16 |
Filed: 12/22/2003, Entered: 12/22/2003 |
Minutes - Miscellaneous |
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MINUTE ENTRY before Judge James A. Teilborg . Crt Rptr: David German. Appearances: Pamela Lynn Titzer and Stephen M. Bressler for pla. Douglas Erickson for dfts RA Smith and Betty Smith. Edward V. Secton for dfts. Rule 16 prel scheduling conf held. discovery ddl: 5/28/04; dispositive mtn ddl: 6/25/04. Rule 16 Scheduling Order to follow. The Court will review Pla's motion to deposit [14-1] and discharge United of Omaha [14-2]. [cc: JAT] [16-2] (TLB)
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| 18 |
Filed: 12/23/2003, Entered: 12/23/2003 |
Scheduling Order |
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SCHEDULING ORDER by Judge James A. Teilborg ; discovery due 5/28/04 ; dispositive motions due 6/25/04 (cc: all counsel) re: order (scheduling) [18-1] (LAD)
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| 19 |
Filed: 12/23/2003, Entered: 1/6/2004 |
Other Notice |
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NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by Vicki Smith, Sarina Sue Smith, R A Smith III, Felicia M Smith (LAD)
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| 20 |
Filed: 3/25/2004, Entered: 3/29/2004 |
Other Notice |
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NOTICE by pla United of Omaha Life of pending motion to deposit insurance proceeds with the Clerk of Court, for discharge and permanent injunction (LAD)
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| 21 |
Filed: 3/25/2004, Entered: 3/29/2004 |
Other Notice |
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NOTICE of service of discovery by dft R A Smith Sr, dft Betty Jo Smith (LAD)
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| 22 |
Filed: 4/26/2004, Entered: 4/27/2004 |
Motion for Summary Judgment |
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MOTION for summary judgment (as there are no genuine issues of material fact) by dft R A Smith Sr, dft Betty Jo Smith [22-1] (LAD)
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| 23 |
Filed: 4/26/2004, Entered: 4/27/2004 |
Statement |
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STATEMENT OF FACTS by dft R A Smith Sr, dft Betty Jo Smith re motion for summary judgment (as there are no genuine issues of material fact) by dft R A Smith Sr, dft Betty Jo Smith [22-1] (LAD)
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| 25 |
Filed: 4/30/2004, Entered: 5/5/2004 |
Other Notice |
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NOTICE of service of discovery by dft Vicki Smith . (SAT)
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| 26 |
Filed: 4/30/2004, Entered: 5/5/2004, Terminated: 7/13/2004 |
Motion to Amend/Correct |
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MOTION for Order Permitting Defendant Vicki Smith to Amend her Prior Admissions by dft Vicki Smith [26-1] , or to Withdraw Her Prior Admissions by dft Vicki Smith [26-2] (SAT)
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| 27 |
Filed: 4/30/2004, Entered: 5/5/2004 |
Motion to Expedite |
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MOTION for Expedited Hearing on Motion for Order Permitting Defendant Vicki Smith to Amend her Prior Admissions by dft Vicki Smith [26-1] and/or Motion to Withdraw Her Prior Admissions by dft Vicki Smith [26-2] by dft Vicki Smith, dft Sarina Sue Smith, dft R A Smith III, dft Felicia M Smith [27-1] (SAT)
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| 24 |
Filed: 5/3/2004, Entered: 5/3/2004, Terminated: 5/3/2004 |
Order |
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ORDER by Judge James A. Teilborg that Pla shall file w/the Court a proposed form of Order granting its request relief w/inh 10 days of the date of this Order FURTHER ORDERED that Claimants shall have 10 days from the date of Pla's filing of the proposed form of Order to make any objections to such Order (cc: all counsel) re: order filed [24-1] (MAP)
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| 28 |
Filed: 5/6/2004, Entered: 5/10/2004 |
Other Notice |
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NOTICE by dfts Vicki Smith, Sarina Sue Smith, R A Smith III, Felicia M Smith of service (of proposed order permitting dft Vicki Smith to amend and/or withdraw her prior admissions and proposed order setting expedited hearing) (LAD)
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| 29 |
Filed: 5/7/2004, Entered: 5/11/2004 |
Other Notice |
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NOTICE by pla United of Omaha Life of lodging form of order (LAD)
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| 30 |
Filed: 5/7/2004, Entered: 5/12/2004 |
Other Notice |
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NOTICE of service of discovery by dft Vicki Smith (received 5/11/04) (LAD)
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| 31 |
Filed: 5/14/2004, Entered: 5/19/2004 |
Response to Motion |
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RESPONSE by dft R A Smith Sr, dft Betty Jo Smith to motion for Order Permitting Defendant Vicki Smith to Amend her Prior Admissions by dft Vicki Smith [26-1], motion to Withdraw Her Prior Admissions by dft Vicki Smith [26-2] (LAD)
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| 32 |
Filed: 5/26/2004, Entered: 5/27/2004 |
Reply to Response to Motion |
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REPLY by dft Vicki Smith to response to motion for Order Permitting Defendant Vicki Smith to Amend her Prior Admissions by dft Vicki Smith [26-1], motion to Withdraw Her Prior Admissions by dft Vicki Smith [26-2] (LAD)
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| 33 |
Filed: 5/28/2004, Entered: 6/2/2004 |
Motion for Extension of Time |
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MOTION to extend time for discovery by dft Vicki Smith [33-1] (MAP)
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| 34 |
Filed: 5/28/2004, Entered: 6/2/2004 |
Other Notice |
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NOTICE by dft Vicki Smith of Service of Motion to extend discovery time (MAP)
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| 35 |
Filed: 5/28/2004, Entered: 6/2/2004 |
Other Notice |
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NOTICE by dft Vicki Smith of Service of Reply to Response in Opposition to Motion for Order Permitting Dft Vicki Smith to Amend and/or Withdraw her Prior Admissions (MAP)
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| 37 |
Filed: 6/1/2004, Entered: 6/2/2004 |
Motion for Summary Judgment |
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MOTION for summary judgment by Dfts Vicki Smith, Sarina Sue Smith, R A Smith III, Felicia M Smith [37-1] (MAP)
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| 38 |
Filed: 6/1/2004, Entered: 6/2/2004 |
Response to Motion |
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RESPONSE by dfts Vicki Smith, Sarina Smith, RA Smith, Felicia Smith to motion for summary judgment (as there are no genuine issues of material fact) by dft R A Smith Sr, dft Betty Jo Smith [22-1] (MAP)
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| 36 |
Filed: 6/2/2004, Entered: 6/2/2004 |
Minutes - Miscellaneous |
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The Court has ORDERED that effective June 28, 2004, the above captioned matter is reassigned to Judge Neil V. Wake for all further proceedings. Any hearing, conference, or trial scheduled to be held between 6/28/04 and 7/9/04, is vacated. All other matters remain as scheduled. It is FURTHER ORDERED that counsel review and comply with the attached instructions. All further pleadings and papers filed in this action on or after 6/28/04, should bear the complete case number and judge's initials, as shown above. (cc: all counsel/NVW/ JAT) [36-1] (KAL)
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| 39 |
Filed: 6/2/2004, Entered: 6/3/2004 |
Other Notice |
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NOTICE by dfts Vicki Smith, Sarina Sue Smith, R A Smith III, Felicia M Smith of service of response to motion for summary judgment (LAD)
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| 40 |
Filed: 6/7/2004, Entered: 6/8/2004 |
Response to Motion |
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RESPONSE (NOTICE) by dft R A Smith Sr, dft Betty Jo Smith to motion to extend time for discovery by dft Vicki Smith [33-1] (LAD)
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| 41 |
Filed: 6/8/2004, Entered: 6/9/2004 |
Other Notice |
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NOTICE by dfts Vicki Smith, Sarina Sue Smith, R A Smith III, Felicia M Smith of lodging proposed form of order re motion for expedited hearing on motion for order permitting dft Vicki Smith to amend and/or withdraw her prior admissions (LAD)
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| 42 |
Filed: 6/8/2004, Entered: 6/9/2004 |
Other Notice |
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NOTICE by dfts Vicki Smith, Sarina Sue Smith, R A Smith III, Felicia M Smith of lodging proposed order re motion for order permitting dft Vicki Smith to amend and/or withdraw her prior admissions (LAD)
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| 43 |
Filed: 6/16/2004, Entered: 6/17/2004 |
Reply to Response to Motion |
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REPLY by dft R A Smith Sr, dft Betty Jo Smith to response to motion for summary judgment (as there are no genuine issues of material fact) by dft R A Smith Sr, dft Betty Jo Smith [22-1] (LAD)
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| 44 |
Filed: 6/17/2004, Entered: 6/18/2004 |
Motion to Strike |
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MOTION to strike Vicki Smith's statement of facts by dft R A Smith Sr, dft Betty Jo Smith [44-1] (not filed as a separate document) (LAD)
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| 45 |
Filed: 6/28/2004, Entered: 6/29/2004 |
Status Report |
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6/04 STATUS REPORT by pla United of Omaha Life, dft R A Smith Sr, dft Betty Jo Smith, dft Vicki Smith (LAD)
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| 46 |
Filed: 7/13/2004, Entered: 7/13/2004 |
Order |
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ORDER by Judge Neil V. Wake granting motion for Order Permitting Defendant Vicki Smith to Amend her Prior Admissions by dft Vicki Smith [26-1], granting motion to Withdraw Her Prior Admissions by dft Vicki Smith [26-2] granting motion to extend time for discovery by dft Vicki Smith [33-1] discovery ddl as to fact and expert witness discovery reset for 9/24/04 (cc: all counsel) (LAD)
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| 47 |
Filed: 7/13/2004, Entered: 7/13/2004 |
Order |
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ORDER by Judge Neil V. Wake granting motion to deposit insurance proceeds with the Clerk of the COurt by pla United of Omaha Life [14-1], granting motion for discharge (of United of Omaha from any and all liability under United of Omaha policy no 3802487) by pla United of Omaha Life [14-2], granting motion for permanent injunction (enjoining all parties from commencing or prosecuting any action re United of Omaha under policy no 3802487 in state or federal court) by pla United Omaha Life [14-3]; ORDERED 1) allowing United of Omaha to deposit with the Clerk of Court inter an interest bearing account the sum of $101,047.16 pursuant to 28 USC section 2041; 2) discharging United of Omaha from any and all liability under United of Omaha policy no 3802487, pursuant to 28 USC section 2361; 3) permanently enjoining the dfts from commencing or prosecuting any action in any court, federal or state, against United of Omaha for or on account of policy no 2802487; and 4) awarding United of Omaha its reasonable attorney fees in the amount of $1,988.00 and costs in the amount of $425.95 to be paid from the fund of $101,047.16 death benefit to be deposited by it with the Clerk of Court (cc: all counsel/ Finance) (LAD)
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| 48 |
Filed: 7/22/2004, Entered: 7/22/2004, Terminated: 7/23/2004 |
Stipulation |
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STIPULATION re distribution of life insurance proceeds by dft Vicki Smith, dft Sarina Sue Smith, dft Felicia M Smith, dft R A Smith III, dft R A Smith Sr, dft Betty Jo Smith (LAD)
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| 49 |
Filed: 7/23/2004, Entered: 7/23/2004, Terminated: 3/31/2005 |
Order |
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ORDER by Judge Neil V. Wake granting stipulation re distribution of life insurance proceeds by dft Vicki Smith, dft Sarina Sue Smith, dft Felicia M Smith, dft R A Smith III, dft R A Smith Sr, dft Betty Jo Smith; ORDERED 1) allowing United of Omaha to distribute the death benefit at issue in this case directly to the dfts c/o their respective counsel as set forth in the settlement agreement, after the settlement agreement has been duly executed; 2) discharging United of Omaha from any obligation to deposit the death benefit in this with the Clerk of Court; 3) upholding the order of 7/12/04, other than the provisions that permitted United of Omaha to deposit the death benefit with the Clerk of Court; the Court specifically upholds the following provisions of its 7/12/04 order: a) discharging United of Omaha from any and all liability under United of Omaha Policy No 3802487, pursuant to 28 USC section 2361; b) permanently enjoining the dfts from commencing or prosecuting any action in any court, federal or state, against United of Omaha for or on account of Policy No [3]802487; and c) awarding United of Omaha its reasonable attorney fees in the amount of $1,988.00 and costs in the amount of $425.95 to be paid from the fund of $101,047.16 death beneft [as provided in the settlement agreement] (cc: all counsel) (LAD)
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| 50 |
Filed: 10/13/2004, Entered: 10/14/2004 |
Stipulation |
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STIPULATION to dismiss case with prejudice with respect to all claims by pla, dfts (LAD)
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| 51 |
Filed: 10/18/2004, Entered: 10/18/2004 |
Order |
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ORDER by Judge Neil V. Wake Case reassigned to Judge James A. Teilborg ; all further pleadings and papers submitted for filing shall bear the following complete case number: CV 03-1483 PHX JAT (cc: all counsel/JAT) (LAD)
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| 52 |
Filed: 10/19/2004, Entered: 10/19/2004 |
Order |
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ORDER by Judge James A. Teilborg granting stipulation to dismiss case with prejudice with respect to all claims by pla, dfts, with each of the parties to bear their own costs and attorneys' fees (cc: all counsel/order book) (LAD)
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