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 23 |
Filed: 1/15/2008, Entered: 1/15/2008 |
Stipulation of Dismissal |
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STIPULATION of Dismissal by Fidelity And Guaranty Life Insurance Company, Craig Cook, ING USA Annuity and Life Insurance Company. (Rosenburg, Howard)
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 Request |
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Filed: 1/15/2008, Entered: 1/15/2008 |
Remark |
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Remark: Civil Case Terminated pursuant to 1/15/08 Stipulation of Dismissal. (SM, ilcd)
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| 22 |
Filed: 12/11/2007, Entered: 12/11/2007 |
Order |
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ORDER FOLLOWING REPORT OF SETTLEMENT: This case has been reported settled by the parties. The parties are hereby directed to file with the Court, within thirty-five (35) days of the date of this order, a stipulation of dismissal and a dismissal order. Rule 16 Scheduling Conference set 12/12/2007 at 10:00 a.m. CANCELLED. Entered by U.S. Magistrate Judge Byron G. Cudmore on 12/11/07. (LB, ilcd)
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Request |
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| 21 |
Filed: 10/29/2007, Entered: 10/29/2007 |
Answer to Amended Complaint |
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ANSWER to [5] Amended Complaint (Count IV) by Defendant Fidelity And Guaranty Life Insurance Company.(Hasman, Joseph)
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Request |
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Filed: 10/29/2007, Entered: 10/29/2007 |
Notice of Hearing. |
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NOTICE OF HEARING: Rule 16 Scheduling Conference set for Wednesday, 12/12/2007, at 10:00 AM by telephone (court will place call) before Magistrate Judge Byron G. Cudmore. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 12/10/2007. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b)5, Rule 16(b)(6), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)
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Filed: 10/15/2007, Entered: 10/15/2007 |
Order |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Defendant Fidelity and Guaranty Life Insurance Company directed to answer Count IV of Plaintiff's Amended Complaint [5] on or before 10/29/2007. (LB, ilcd)
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| 18 |
Filed: 8/10/2007, Entered: 8/10/2007 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by Stuart F Primack on behalf of Fidelity And Guaranty Life Insurance Company (Primack, Stuart)
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Request |
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| 17 |
Filed: 7/16/2007, Entered: 7/16/2007, Terminated: 7/16/2007 |
Motion to Withdraw |
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MOTION to Withdraw [15] Joint PETITION to presume that there is no opposition to defendants' Motions to Dismiss and to rule without further notice to the parties by Defendants Fidelity And Guaranty Life Insurance Company, Craig Cook, ING USA Annuity and Life Insurance Company. Responses due by 8/2/2007 (Hasman, Joseph)
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Request |
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Filed: 7/16/2007, Entered: 7/16/2007 |
Order on Motion for Miscellaneous Relief |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Defendants' Motion to Withdraw [17] ALLOWED. Defendants' Joint Request to Presume that there is no Opposition to their Motions to Dismiss [17] WITHDRAWN. (LB, ilcd)
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| 16 |
Filed: 7/13/2007, Entered: 7/13/2007 |
Response to Motion |
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RESPONSE to Motion re [15] Joint PETITION to presume that there is no opposition to defendants' Motions to Dismiss and to rule without further notice to the parties filed by Plaintiff Carol Holding. (Attachments: # (1) Exhibit A)(Rhode, Robert)
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Request |
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| 15 |
Filed: 7/13/2007, Entered: 7/13/2007, Terminated: 7/16/2007 |
Motion for Miscellaneous Relief |
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Joint PETITION to presume that there is no opposition to defendants' Motions to Dismiss and to rule without further notice to the parties by Defendants Fidelity And Guaranty Life Insurance Company, Craig Cook, ING USA Annuity and Life Insurance Company. Responses due by 7/30/2007 (Hasman, Joseph)
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Request |
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| 14 |
Filed: 7/9/2007, Entered: 7/9/2007 |
Response to Motion |
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RESPONSE to Motion re [12] MOTION to Dismiss Counts IV and V of Plaintiff's Amended Complaint, [8] MOTION to Dismiss Count V Of Plaintiff's Amended Complaint With Prejudice filed by Plaintiff Carol Holding. (Rhode, Robert)
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Request |
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| 13 |
Filed: 6/21/2007, Entered: 6/21/2007 |
Memorandum in Support of Motion |
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MEMORANDUM in Support re [12] MOTION to Dismiss Counts IV and V of Plaintiff's Amended Complaint filed by Defendant Fidelity And Guaranty Life Insurance Company. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Hasman, Joseph)
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Request |
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| 12 |
Filed: 6/21/2007, Entered: 6/21/2007, Terminated: 10/9/2007 |
Motion to Dismiss |
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MOTION to Dismiss Counts IV and V of Plaintiff's Amended Complaint by Defendant Fidelity And Guaranty Life Insurance Company.Responses due by 7/9/2007 (Hasman, Joseph)
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Request |
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| 11 |
Filed: 6/21/2007, Entered: 6/21/2007 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint and Affirmative Defenses by Defendant Fidelity And Guaranty Life Insurance Company.(Hasman, Joseph)
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Request |
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| 10 |
Filed: 6/21/2007, Entered: 6/21/2007 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint and Affirmative Defenses by Defendants Craig Cook, ING USA Annuity and Life Insurance Company.(Rosenburg, Howard)
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Request |
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| 9 |
Filed: 6/21/2007, Entered: 6/21/2007 |
Memorandum in Support of Motion |
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MEMORANDUM in Support re [8] MOTION to Dismiss Count V Of Plaintiff's Amended Complaint With Prejudice filed by Defendants Craig Cook, ING USA Annuity and Life Insurance Company. (Rosenburg, Howard)
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Request |
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| 8 |
Filed: 6/21/2007, Entered: 6/21/2007, Terminated: 10/9/2007 |
Motion to Dismiss |
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MOTION to Dismiss Count V Of Plaintiff's Amended Complaint With Prejudice by Defendants Craig Cook, ING USA Annuity and Life Insurance Company.Responses due by 7/9/2007 (Rosenburg, Howard)
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Request |
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| 7 |
Filed: 6/21/2007, Entered: 6/21/2007 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by Howard Rosenburg on behalf of Craig Cook, ING USA Annuity and Life Insurance Company (Rosenburg, Howard)
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Request |
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| 6 |
Filed: 6/5/2007, Entered: 6/5/2007, Terminated: 6/5/2007 |
Motion for Extension of Time to File Answer |
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MOTION for Extension of Time to File Answer re [5] Amended Complaint (Uncontested) by Defendants Fidelity and Guarantee Life Insurance Company, Craig Cook, ING USA Annuity and Life Insurance Company.Responses due by 6/22/2007 (Hartmann, Albert)
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Request |
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Filed: 6/5/2007, Entered: 6/5/2007 |
Order on Motion for Extension of Time to Answer |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Motion for Extension [6] ALLOWED. Defendants granted until 6/21/2007 to answer or otherwise plead. (LB, ilcd)
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| 5 |
Filed: 6/1/2007, Entered: 6/1/2007 |
Amended Complaint |
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AMENDED COMPLAINT against Fidelity and Guarantee Life Insurance Company, Craig Cook, ING USA Annuity and Life Insurance Company, filed by Carol Holding.(Rhoads, Dean)
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Request |
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| 4 |
Filed: 4/30/2007, Entered: 4/30/2007 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by Albert E Hartmann on behalf of Craig Cook, ING USA Annuity and Life Insurance Company. (SM, ilcd)
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Request |
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| 3 |
Filed: 4/30/2007, Entered: 4/30/2007 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by Joseph J Hasman on behalf of Fidelity and Guarantee Life Insurance Company (SM, ilcd)
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Request |
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| 2 |
Filed: 4/30/2007, Entered: 4/30/2007 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by David F Schmidt on behalf of Fidelity and Guarantee Life Insurance Company. (SM, ilcd)
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Request |
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| 20 |
Filed: 10/9/2007, Entered: 10/9/2007 |
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ORDER Entered by Judge Joe Billy McDade on 10/9/07. Judge Cudmore's 19 Report and Recommendation is ADOPTED. Defendants' Motion to Dismiss Count V 8 is GRANTED. Plaintiff's RICO claim is DISMISSED. And, Dft Fidelity's Motion to Dismiss 12 is GRANTED IN PART and DENIED IN PART. It is granted to the extent that it seeks to dismiss Plaintiff's RICO claim. Dft Fidelity's Motion to Dismiss is otherwise DENIED. (SM, ilcd)
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Request |
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| 1 |
Filed: 4/30/2007, Entered: 4/30/2007 |
Notice of Removal |
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NOTICE OF REMOVAL from Woodford County, case number 07-L-4 (Filing fee $350, receipt P018944), filed by Fidelity and Guarantee Life Insurance Company, Craig Cook, ING USA Annuity and Life Insurance Company. (Attachments: # (1) Civil Cover Sheet)(SM, ilcd)
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Request |
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| 19 |
Filed: 9/5/2007, Entered: 9/5/2007, Terminated: 10/9/2007 |
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REPORT AND RECOMMENDATION by Magistrate Judge Byron Cudmore RECOMMENDING the motion to dismiss Plaintiff's RICO claim by Defendants ING and Cook 8 be granted in full. The Court FURTHER RECOMMENDS that the motion to dismiss by Defendant Fideli ty 12 be granted in part, to the extent Fidelity seeks dismissal of the RICO claim. The Court recommends that Fidelity's motion to dismiss otherwise be denied. See written order signed by Judge Cudmore on 9/5/2007. Objections to R&R due by 9/24/2007.(LB, ilcd)
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Request |
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Filed: 4/30/2007, Entered: 4/30/2007 |
Order |
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TEXT ORDER by Magistrate Judge Byron Cudmore: Notice of Removal filed 4/30/2007 reviewed. Plaintiff is given to 5/30/2007 to file objections. Failure to do so is deemed to mean Plaintiff has no legal opposition to removal and this case may proceed in this court. Furthermore, Defendants are given to 6/11/2007 to answer or otherwise plead to the complaint. Entered by Judge Cudmore on 4/30/07. (LB, ilcd)
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