The Guardian Life Insurance Company of America v. Pundyk et al

Federal Civil Lawsuit Nevada District Court, Case No. 2:16-cv-01196
District Judge Andrew P. Gordon, presiding
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District Judge Andrew P. Gordon
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Parties
No Logo The Guardian Life Insurance Company Of America, Plaintiff

Represented by Ogletree, Deakins, Nash, Smoak & Stewart, PC

Name Phone Fax E-Mail
Space Jill Garcia +1 702 369 6809 +1 702 369 6888 jill.garcia@ogletreedeakins.com
v.
No Logo Anonymized Party [3B7A365], Defendant
No Logo Anonymized Party [8AB5EA7], Defendant
No Logo Anonymized Party [9058430], Defendant
No Logo Anonymized Party [936CFC1], Defendant
No Logo Anonymized Party [B204DAE], Defendant
Attributes
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Unknown
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Anonymization By SCALES
Timeline
  Entries (55) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 54 Filed: 1/7/2019, Entered: 1/8/2019
Mail Returned as Undeliverable re 52 Order and 53 Judgment, addressed to 8AB5EA7. No other address available, did not resend. (MMM)
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Legal Document (Payment Possibly Required) 53 Filed: 12/26/2018, Entered: 12/26/2018
JUDGMENT. Signed by Clerk of Court Debra K. Kempi on 12/26/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Legal Document (Payment Possibly Required) 52 Filed: 12/20/2018, Entered: 12/26/2018 Court Filing
ORDER that the clerk of the court shall divide all funds that are on deposit with the court equally between 9058430 and Antoinette 3B7A365 and then disburse the funds to them. The clerk shall enter judgment accordingly and close this case. Signed by Judge Andrew P. Gordon on 12/20/2018. (Copies have been distributed pursuant to the NEF: cc Finance - MMM)
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Legal Document (Payment Possibly Required) 51 Filed: 11/6/2018, Entered: 11/8/2018
RESPONSE to 49 Order to Show Cause, filed by Defendant 9058430. (ADR)
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Legal Document (Payment Possibly Required) 50 Filed: 11/5/2018, Entered: 11/6/2018
RESPONSE to 49 Order to Show Cause by Defendant 3B7A365. (MMM)
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Legal Document (Payment Possibly Required) 49 Filed: 10/10/2018, Entered: 10/11/2018 Court Filing
ORDER TO SHOW CAUSE. IT IS ORDERED that on or before 11/9/18 B204DAE, 9058430, and Antoinette 3B7A365 shall show cause in writing why I should not evenly distribute the funds amongst them. Signed by Judge Andrew P. Gordon on 10/10/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Legal Document (Payment Possibly Required) 48 Filed: 2/7/2018, Entered: 2/7/2018 Court Filing
ORDER that 47 936CFC1 Motion to Withdraw is GRANTED. 936CFC1 shall be terminated from this case and shall not be awarded any interest in the interpleaded funds. Signed by Judge Andrew P. Gordon on 2/7/2018.(Copies have been distributed pursuant to the NEF - MMM)
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Legal Document (Payment Possibly Required) 47 Filed: 5/24/2017, Entered: 5/30/2017
MOTION to Withdraw from Case by Defendant 936CFC1. Responses due by 6/7/2017. (MMM)
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Legal Document (Payment Possibly Required) 46 Filed: 5/24/2017, Entered: 5/30/2017
RESPONSE to 45 Order for Discovery Plan and Scheduling Order, filed by Defendant 936CFC1. (MMM)
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Legal Document (Payment Possibly Required) 45 Filed: 5/4/2017, Entered: 5/4/2017 Court Filing
ORDER that the parties shall file a stipulated Discovery Plan and Scheduling Order not later than May 12, 2017 in compliance with the provisions of LR 26-1 of the Rules of Practice of the United States District Court for the District of Nevada. Signed by Magistrate Judge George Foley, Jr on 5/4/17. (Copies have been distributed pursuant to the NEF - MMM)
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Legal Document (Payment Possibly Required) 44 Filed: 2/21/2017, Entered: 2/21/2017
CLERK'S JUDGMENT in favor of The Guardian Life Insurance Company of America. Signed by Clerk of Court Debra K. Kempi on 2/21/2017. (Copies have been distributed pursuant to the NEF - TR)
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Legal Document (Payment Possibly Required) 43 Filed: 2/17/2017, Entered: 2/17/2017
CERTIFICATE of Cash Deposit as to The Guardian Life Insurance Company: $ 12,121.32, receipt number NVLAS048080. (Attachments: # 1 Receipt) (NEV)
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Legal Document (Payment Possibly Required) 42 Filed: 2/1/2017, Entered: 2/2/2017 Court Filing
ORDER that 36 Report and Recommendation is accepted. FURTHER ORDERED that 27 Motion for Interpleader is GRANTED. The Guardian Life Insurance Company of America shall deposit the plan benefit funds with the Court on or before February 17, 2017. FURTHER ORDERED that The Guardian Life Insurance Company of America may file an application for attorneys' fees and costs within 30 days of entry of this order. Signed by Judge Andrew P. Gordon on 2/1/17. (Copies have been distributed pursuant to the NEF - MMM)
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Legal Document (Payment Possibly Required) 41 Filed: 2/1/2017, Entered: 2/1/2017
DEFAULT JUDGMENT in favor of The Guardian Life Insurance Company of America against 8AB5EA7. Signed by Clerk of Court Debra K. Kempi on 2/1/17. (Copies have been distributed pursuant to the NEF - MMM)
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Legal Document (Payment Possibly Required) 40 Filed: 2/1/2017, Entered: 2/1/2017 Court Filing
ORDER Granting 37 Motion for Default Judgment as to defendant 8AB5EA7. Signed by Judge Andrew P. Gordon on 2/1/17. (Copies have been distributed pursuant to the NEF - MMM)
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Legal Document (Payment Possibly Required) 39 Filed: 1/24/2017, Entered: 1/24/2017
NOTICE re 38 Appendix, 37 Motion for Default Judgment, filed by The Guardian Life Insurance Company of America. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 38 Filed: 1/24/2017, Entered: 1/24/2017
APPENDIX to 37 Motion for Default Judgment, ; filed by Plaintiff The Guardian Life Insurance Company of America. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 37 Filed: 1/24/2017, Entered: 1/24/2017
MOTION for Default Judgment; filed by Plaintiff The Guardian Life Insurance Company of America. (Attachments: # 1 Exhibit A Declaration of Jill Garcia, # 2 Exhibit A1 Defense Manpower Data Report)(Garcia, Jill)
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Legal Document (Payment Possibly Required) 36 Filed: 1/4/2017, Entered: 1/5/2017 Court Filing
REPORT AND RECOMMENDATION that 27 Motion for Interpleader be granted to the extent that Plaintiff shall be permitted to deposit the plan benefit funds into Court. FURTHER RECOMMENDED that judgment be entered in favor of Plaintiff that it has complied with its legal obligations regarding the life insurance proceeds by depositing the funds into court. FURTHER RECOMMENDED that Plaintiff be permitted to file its application for attorneys' fees and costs within 30 days of the order adopting this Report and Recommendation. Objections to R&R due by 1/18/2017. Signed by Magistrate Judge George Foley, Jr on 1/4/17. (Copies have been distributed pursuant to the NEF - MMM)
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Blank 35 Filed: 11/22/2016, Entered: 11/22/2016 Court Filing
MINUTES OF PROCEEDINGS - Motion Hearing held on 11/22/2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Jill Garcia; Def Counsel: Telephonic appearance by 936CFC1, 9058430 and 3B7A365; Court Reporter/Recorder: 10:33a.m. - 10:45a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to 27 Motion for Interpleader re 1 Complaint, 20 Order. The Court takes this matter under submission. An order and/or a report and recommendation will be issued. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
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Legal Document (Payment Possibly Required) 34 Filed: 11/7/2016, Entered: 11/10/2016
Mail Returned as Undeliverable re 33 Clerk's Entry of Default addressed to 936CFC1. Address corrected per envelope at 26 , and remailed. (MMM)
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Legal Document (Payment Possibly Required) 33 Filed: 10/25/2016, Entered: 10/25/2016
Clerk's ENTRY OF DEFAULT as to 8AB5EA7 re 28 Motion for Entry of Clerks Default. (MMM)
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Legal Document (Payment Possibly Required) 32 Filed: 10/25/2016, Entered: 10/25/2016
NOTICE of Corrected Image/Document re 28 Motion for Entry of Clerks Default by Plaintiff The Guardian Life Insurance Company of America. (Service of corrected image is attached). (Garcia, Jill)
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Blank 31 Filed: 10/25/2016, Entered: 10/25/2016
NOTICE of Non Compliance with LR 7-2 and Attorney Action Required: to 28 Motion for Entry of Clerks Default. ERROR: After a review of document 28 , the Motion for Entry of Clerk's Default is missing. Pursuant to LR 7-2(a): All motions - unless made during a hearing or trial - must be in writing and served on all other parties who have appeared . CORRECTION: Attorney Jill Garcia is advised to file a properly formatted Motion for Entry of Clerks Default pursuant to LR 7-2(a), using the Notice of Corrected Image event and properly link to 28 . (no image attached)(TR)
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Blank 30 Filed: 10/20/2016, Entered: 10/20/2016 Court Filing
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 10/20/2016. By Deputy Clerk: Ivy Hensel. RE: 29 Minute Order Setting Hearing on Motion Out-of-State parties may appear telephonically for the Motion Hearing set for Tuesday, November 22, 2016 at 10:30 a.m. Parties are instructed to call the Audio Conference Line at(888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (Copies have been distributed pursuant to the NEF - IH)
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Blank 29 Filed: 10/20/2016, Entered: 10/20/2016 Court Filing
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 10/20/2016. By Deputy Clerk: Ivy Hensel. RE: 27 Motion for Interpleader re 1 Complaint, 20 Order Motion Hearing set for Tuesday, November 22, 2016 at 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley, Jr.(no image attached) (Copies have been distributed pursuant to the NEF - IH)
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Legal Document (Payment Possibly Required) 28 Filed: 10/19/2016, Entered: 10/19/2016
MOTION for Entry of Clerks Default by Plaintiff The Guardian Life Insurance Company of America. (Attachments: # 1 Declaration Declaration of Jill Garcia in Support of Entry of Clerk's Default)(Garcia, Jill) Corrected Image 32 Attached on 10/25/2016 (TR).
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Legal Document (Payment Possibly Required) 27 Filed: 10/19/2016, Entered: 10/19/2016
Motion for Interpleader re 1 Complaint, 20 Order, filed by Plaintiff The Guardian Life Insurance Company of America. Responses due by 11/5/2016. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 26 Filed: 9/19/2016, Entered: 9/21/2016
ANSWER to 1 Complaint, filed by 936CFC1.(MMM)
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Legal Document (Payment Possibly Required) 25 Filed: 9/16/2016, Entered: 9/19/2016
ANSWER to 1 Complaint, filed by 3B7A365.(MMM)
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Legal Document (Payment Possibly Required) 24 Filed: 9/15/2016, Entered: 9/19/2016
CERTIFICATE of Interested Parties filed by B204DAE. There are no known interested parties other than those participating in the case. (MMM)
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Legal Document (Payment Possibly Required) 23 Filed: 9/12/2016, Entered: 9/14/2016
ANSWER to 1 Complaint, filed by 9058430.(MMM)
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Blank 22 Filed: 8/30/2016, Entered: 8/30/2016 Court Filing
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 8/30/2016. By Deputy Clerk: Ivy Hensel. ORDER that the following scheduling order dates shall apply: Last date for Defendant 8AB5EA7 to file an answer to the complaint, if he wishes to file an answer: September 29, 2016. (no image attached) (Copies have been distributed pursuant to the NEF - IH)
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Legal Document (Payment Possibly Required) 21 Filed: 8/24/2016, Entered: 8/24/2016
NOTICE re 20 Order, filed by The Guardian Life Insurance Company of America. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 20 Filed: 8/19/2016, Entered: 8/19/2016 Court Filing
ORDER that the following scheduling order dates shall apply: Last date for individual defendants to file an answer to the complaint, if they wish to file an answer: September 19, 2016. Last date for Plaintiff to file its Motion to Interplead: October 19, 2016. FURTHER ORDERED that Plaintiff's counsel shall file with the Court a valid current address for Defendant 8AB5EA7 within one week of the issuance of this Order. Signed by Magistrate Judge George Foley, Jr on 8/19/16. (Copies have been distributed pursuant to the NEF - MMM)
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Blank 19 Filed: 8/18/2016, Entered: 8/18/2016 Court Filing
MINUTES OF PROCEEDINGS - Motion Hearing held on 8/18/2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Jill Garcia; Def Counsel: Telephonic appearance by B204DAE, Antoinette 3B7A365 and 936CFC1; Court Reporter/FTR #: 2:31p.m. - 2:56p.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel and parties regarding the status of this case. If defendants' are interested in filing an answer to the complaint, the answer should be filed on or before September 19, 2016. Plaintiff's counsel is to provide a valid current address for 8AB5EA7 within one week, as discussed in open court. Plaintiff is to file with the Court a Motion to Interplead the Funds to the Court on or before October 19, 2016. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
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Legal Document (Payment Possibly Required) 18 Filed: 8/16/2016, Entered: 8/16/2016 Court Filing
ORDER Granting 17 Motion for Telephonic Appearance by Defendant Antoinette 3B7A365 for 8/18/2016. Signed by Magistrate Judge George Foley, Jr on 8/16/16. (Copies have been distributed pursuant to the NEF - JM)
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Legal Document (Payment Possibly Required) 17 Filed: 8/12/2016, Entered: 8/15/2016
MOTION for Telephonic Appearance re: 13 ORDER - Scheduling Conference; filed by Defendant 3B7A365. Responses due by 8/29/2016. (TR) Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d) on 8/15/2016 (RFJ).
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Legal Document (Payment Possibly Required) 16 Filed: 8/12/2016, Entered: 8/15/2016
LETTER from 9058430 to Court re Conference Call. (JM)
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Legal Document (Payment Possibly Required) 15 Filed: 8/12/2016, Entered: 8/12/2016 Court Filing
ORDER. IT IS ORDERED that Defendant shall file his Certificate as to Interested Parties, which fully complies with LR 7.1-1 no later than 9/12/16. Failure to comply may result in the issuance of an order to show cause why sanctions should not be imposed. Signed by Magistrate Judge George Foley, Jr on 8/12/16. (Copies have been distributed pursuant to the NEF - ADR)
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Legal Document (Payment Possibly Required) 14 Filed: 8/10/2016, Entered: 8/12/2016
LETTER dated 8/8/2016 from 936CFC1 to Court re Scheduling Conference. (JM)
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Blank 13 Filed: 7/29/2016, Entered: 7/29/2016 Court Filing
ORDER granting 12 Motion Requesting that the Court Set a Scheduling Conference. Scheduling Conference set for Thursday, August 18, 2016 at 2:30 PM in LV Courtroom 3A before Magistrate Judge George Foley, Jr.Signed by Magistrate Judge George Foley, Jr. on 7/29/2016. (Copies have been distributed pursuant to the NEF - IH)
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Legal Document (Payment Possibly Required) 12 Filed: 7/28/2016, Entered: 7/28/2016
MOTION for Scheduling Conference; filed by Plaintiff The Guardian Life Insurance Company of America. Responses due by 8/14/2016. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 11 Filed: 7/15/2016, Entered: 7/15/2016 Court Filing
ORDER for Certificate of Interested Parties. ORDERED that Defendant B204DAE shall file his Certificate as to Interested Parties, which fully complies with LR 7.1-1 no later than July 25, 2016. Failure to comply may result in the issuance of an order to show cause why sanctions should not be imposed. Signed by Magistrate Judge George Foley, Jr on 7/15/16. (Copies have been distributed pursuant to the NEF - MMM)
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Blank 10 Filed: 6/30/2016, Entered: 6/30/2016
NOTICE of Certificate of Interested Parties requirement re 9 Answer filed by B204DAE: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (EDS)
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Legal Document (Payment Possibly Required) 9 Filed: 6/29/2016, Entered: 6/30/2016
ANSWER to 1 Complaint,, filed by B204DAE. Discovery Plan/Scheduling Order due by 8/13/2016.(TR) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Legal Document (Payment Possibly Required) 8 Filed: 6/28/2016, Entered: 6/28/2016
SUMMONS Returned Executed by The Guardian Life Insurance Company of America re 1 Complaint,, 3 Summons Issued. B204DAE served on 6/8/2016, answer due 6/29/2016. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 7 Filed: 6/23/2016, Entered: 6/23/2016
SUMMONS Returned Executed by The Guardian Life Insurance Company of America re 1 Complaint,, 3 Summons Issued. 9058430 served on 6/8/2016, answer due 6/29/2016. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 6 Filed: 6/23/2016, Entered: 6/23/2016
SUMMONS Returned Executed by The Guardian Life Insurance Company of America re 1 Complaint,, 3 Summons Issued. 8AB5EA7 served on 6/8/2016, answer due 6/29/2016. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 5 Filed: 6/23/2016, Entered: 6/23/2016
SUMMONS Returned Executed by The Guardian Life Insurance Company of America re 1 Complaint,, 3 Summons Issued. 3B7A365 served on 6/12/2016, answer due 7/3/2016. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 4 Filed: 6/23/2016, Entered: 6/23/2016
SUMMONS Returned Executed by The Guardian Life Insurance Company of America re 1 Complaint,, 3 Summons Issued. 936CFC1 served on 6/6/2016, answer due 6/27/2016. (Garcia, Jill)
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Legal Document (Payment Possibly Required) 3 Filed: 5/31/2016, Entered: 5/31/2016
Summons Issued as to All Defendants. (JM)
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Blank  Filed: 5/31/2016, Entered: 5/31/2016
Case assigned to Judge Andrew P. Gordon and Magistrate Judge George Foley, Jr. (JM)
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Legal Document (Payment Possibly Required) 2 Filed: 5/27/2016, Entered: 5/27/2016
CERTIFICATE of Interested Parties filed by The Guardian Life Insurance Company of America. There are no known interested parties other than those participating in the case (Garcia, Jill)
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Legal Document (Payment Possibly Required) 1 Filed: 5/27/2016, Entered: 5/27/2016
COMPLAINT Complaint in Interpleader against All Defendants (Filing fee $400 receipt number 0978-4138478), filed by The Guardian Life Insurance Company of America. Proof of service due by 8/25/2016. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1-Cert. of Death, # 3 Exhibit 2-Policy pp. 1-112, # 4 Exhibit 2-Policy pp. 1-98, # 5 Exhibit 3-Beneficiary Form, # 6 Exhibit 4-Claim Form, # 7 Summons, # 8 Civil Cover Sheet)(Garcia, Jill) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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