Robert A. Peisner v. Genworth Life Insurance Company

Federal Civil Lawsuit California Central District Court, Case No. 2:09-cv-03676
District Judge Gary A. Feess, presiding
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District Judge Gary A. Feess
Last Updated January 6, 2017 at 11:29 AM EST (8.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Robert A. Peisner, Plaintiff

Represented by Bonnett, Fairbourn, Friedman & Balint, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Francis J. Balint +1 602 274 1100 +1 602 274 1199 fbalint@bffb.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED VAN BUNCH +1 602 274 1100 +1 602 274 1199 vbunch@bffb.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Andrew Steven Friedman +1 602 776 5902 +1 602 274 1199 afriedman@bffb.com

Represented by Coughlin Stoia Geller Rudman & Robbins LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John J. Stoia, Jr. +1 619 231 1058 +1 619 231 7423 johns@rgrdlaw.com

Represented by Feinstein Doyle Payne & Kravec, LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Joseph N. Kravec, Jr. +1 412 281 8400 +1 412 281 1007 jkravec@fdpklaw.com

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Darren Jay Robbins +1 619 231 1058 +1 619 231 7423 darrenr@rgrdlaw.com
v.
No Logo Genworth Life Insurance Company, Defendant

Represented by Dentons (US) LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Joshua S. Akbar +1 602 508 3900 +1 602 508 3914 jakbar@sonnenschein.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Reid L. Ashinoff +1 212 768 6730 +1 212 768 6800 reid.ashinoff@dentons.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Michael Scott Gugig +1 212 768 6700 +1 212 768 6800 mgugig@sonnenschein.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Lydia Keaney +1 212 398 4866 +1 212 768 6800 lkeaney@sonnenschein.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven A Velkei +1 213 892 5007 +1 213 623 9924 steven.velkei@snrdenton.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 110 - Contract - Insurance
Timeline
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 42 Filed: 11/9/2009, Entered: None
Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Plaintiff Robert A. Peisner.(Stoia, John) (Entered: 11/09/2009)
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Legal Document (Payment Possibly Required) 41 Filed: 10/2/2009, Entered: None Court Filing
ORDER REGARDING EXTENSION OF BRIEFING SCHEDULE ON MOTION TO DISMISS: Plaintiff shall have through and including November 9, 2009 to file an Opposition to Genworth's Motion to Dismiss; Genworth shall have through and including December 1, 2009 to file a Reply to Plaintiff's Opposition; and The Motion to Dismiss shall be set for hearing at 9:30 a.m. on December 14, 2009 by Judge Gary A. Feess (bp) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 40 Filed: 10/1/2009, Entered: None
STIPULATION for Extension of Time to File Opposition to Motion to Dismiss filed by Defendant Genworth Life Insurance Company. (Attachments: # 1 Proposed Order)(Velkei, Steven) (Entered: 10/01/2009)
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Legal Document (Payment Possibly Required) 39 Filed: 9/11/2009, Entered: None Court Filing
MINUTES OF IN CHAMBERS ORDER VACATING ORDER TO SHOW CAUSE held before Judge Gary A. Feess: (bp) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 38 Filed: 9/4/2009, Entered: None
STIPULATION to Clarify Defendant's Principal Place of Business, Re: Response (non-motion) 37 , Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause,,,,,, 33 , Complaint - (Discovery), Complaint - (Discovery) 1 , filed by Plaintiff Robert A. Peisner.(Stoia, John) (Entered: 09/04/2009)
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Legal Document (Payment Possibly Required) 37 Filed: 9/4/2009, Entered: None
RESPONSE filed by Plaintiff Robert A. Peisnerto Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause,,,,,, 33 (Stoia, John) (Entered: 09/04/2009)
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Legal Document (Payment Possibly Required) 36 Filed: 9/4/2009, Entered: None
NOTICE OF ERRATA filed by Plaintiff Robert A. Peisner. correcting Stipulation for Extension of Time to File 34 (Stoia, John) (Entered: 09/04/2009)
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Legal Document (Payment Possibly Required) 35 Filed: 8/27/2009, Entered: None Court Filing
ORDER REGARDING CLASS CERTIFIATION MOTION SCHEDULE by Judge Gary A. Feess. The obligations of Local Rule of Court 23-3, requiring Plaintiff to file his Motion for Class Certification within 90 days of serving his Class Action Complaint are suspended. 2. The Court will enter a schedule for submission of Plaintiffs Motion for Class Certification following its ruling on Genworths Motion to Dismiss presently scheduled for hearing on November 9, 2009 at 9:30 a.m. (rfi) (Entered: 08/27/2009)
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Legal Document (Payment Possibly Required) 34 Filed: 8/25/2009, Entered: None
Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Robert A. Peisner. (Attachments: # 1 Proposed Order)(Stoia, John) (Entered: 08/25/2009)
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Legal Document (Payment Possibly Required) 33 Filed: 8/24/2009, Entered: None Court Filing
MINUTES OF IN CHAMBERS ORDER held before Judge Gary A. Feess: Plaintiff brings his state law claims against defendant Genworth on behalf of himself and those similarly situated under the Courts diversity jurisdiction. 28 U.S.C. §1332. While Plaintiff has sufficiently alleged the amount in controversy, the diversity allegations are lacking because the Complaint fails to properly allege Genworths principal place of business. Because it is possible that Genworths principal place of business is California, which would destroy diversity and eliminate the Courts jurisdiction, Plaintiff is ORDERED TO SHOW CAUSE why this case should not be dismissed for lack of subject matter jurisdiction. Response to Order to Show Cause due by 9/8/2009.) (rfi) (Entered: 08/25/2009)
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Legal Document (Payment Possibly Required) 32 Filed: 7/31/2009, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Genworth Life Insurance Company. Motion set for hearing on 11/16/2009 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Notice of Lodgment, # 3 Exhibit)(Velkei, Steven) (Entered: 07/31/2009)
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Legal Document (Payment Possibly Required) 31 Filed: 7/29/2009, Entered: None Court Filing
ORDER: Genworth and Plaintiff may use up to 30 pages in their initial memorandum of points and authorities (opening and opposition) in connection with the Motion; Plaintiff shall have through and including October 2, 2009 to file an Opposition to Genworth's Motion to Dismiss; Genworth shall have through and including November 2, 2009 to file a Reply to Plaintiff's Opposition; and The Motion shall be set for hearing at 9:30 a.m. on November 16, 2009 by Judge Gary A. Feess, (bp) (Entered: 07/30/2009)
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Legal Document (Payment Possibly Required) 30 Filed: 7/28/2009, Entered: None
STIPULATION for Hearing re Motion to Dismiss, STIPULATION to Exceed Page Limitation as to Brief filed by Defendant Genworth Life Insurance Company. (Attachments: # 1 Proposed Order)(Velkei, Steven) (Entered: 07/28/2009)
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Legal Document (Payment Possibly Required) 29 Filed: 6/30/2009, Entered: None Court Filing
ORDER Granting Pro Hac Vice Application for Attorney Joshua Akbar 28 by Judge Gary A. Feess. Application to Appear Pro Hac Vice by Attorney Joshua Akbar on behalf of Defendant Genworth Life Insurance Company, designating Steven A. Velkei as local counsel, granted. (csi) (Entered: 06/30/2009)
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Legal Document (Payment Possibly Required) 28 Filed: 6/26/2009, Entered: None
APPLICATION for attorney Joshua Seth Akbar to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Genworth Life Insurance Company. (Attachments: # 1 Exhibit List of Courts Where Admitted, # 2 Exhibit Clerk Certificate of Good Standing, # 3 Exhibit Disciplinary Clerk Certificate of Good Standing, # 4 Proposed Order)(Velkei, Steven) (Entered: 06/26/2009)
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Legal Document (Payment Possibly Required) 27 Filed: 6/23/2009, Entered: None Court Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE: The Court, having reviewed the accompanying Application of Francis J. Balint, Jr. for permission to appear and participate in the above-entitled action on behalf of plaintiff by Judge Gary A. Feess: granting 26 Application to Appear Pro Hac Vice by Attorney Francis J. Balint, Jr. on behalf of plaintiff, Robert A. Peisner, designating John J. Stoia, Jr. as local counsel. (bp) (Entered: 06/25/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 6/22/2009, Entered: None
APPLICATION for attorney Francis J. Balint, Jr. to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Robert A. Peisner. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Proposed Order)(Stoia, John) (Entered: 06/22/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 6/17/2009, Entered: None Court Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE: The Court, having reviewed the accompanying Application of Lydia Keaney for permission to appear and participate in the above-entitled action on behalf of defendant by Judge Gary A. Feess: granting 21 Application to Appear Pro Hac Vice by Attorney Lydia Keaney on behalf of defendant, Genworth Life Insurance Company, designating Steven A. Velki as local counsel. (bp) (Entered: 06/17/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 6/17/2009, Entered: None Court Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE: The Court, having reviewed the accompanying Application of Michael S. Gugic for permission to appear and participate in the above-entitled action on behalf of defendant by Judge Gary A. Feess: granting 20 Application to Appear Pro Hac Vice by Attorney Michael S. Gugig on behalf of defendant, Genworth Life Insurance Company, designating Steven A. Velkei as local counsel. (bp) (Entered: 06/17/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 6/17/2009, Entered: None Court Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE: The Court, having reviewed the accompanying Application of Reid L. Ashinoff for permission to appear and participate in the above-entitled action on behalf of defendant by Judge Gary A. Feess: granting 19 Application to Appear Pro Hac Vice by Attorney Reid L. Ashinoff on behalf of defendant, Genworth Life Insurance, designating Steven A. Velkei as local counsel. (bp) (Entered: 06/17/2009)
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Legal Document (Payment Possibly Required) 22 Filed: 6/17/2009, Entered: None Court Filing
ORDER by Judge Gary A. Feess, re First Stipulation Extending Time to Answer (30 days or less) 17 . Defendant Genworth Life Insurance Company shall have through and including July 31, 2009, to move, answer or otherwise respond to the Complaint. (rfi) (Entered: 06/17/2009)
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Legal Document (Payment Possibly Required) 21 Filed: 6/16/2009, Entered: None
APPLICATION for attorney Lydia Keaney to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Genworth Life Insurance Company. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Velkei, Steven) (Entered: 06/16/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 6/16/2009, Entered: None
APPLICATION for attorney Michael S. Gugig to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Genworth Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Velkei, Steven) (Entered: 06/16/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 6/16/2009, Entered: None
APPLICATION for attorney Reid L. Ashinoff to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Genworth Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Velkei, Steven) (Entered: 06/16/2009)
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Legal Document (Payment Possibly Required) 18 Filed: 6/16/2009, Entered: None
CERTIFICATE of Interested Parties filed by Defendant Genworth Life Insurance Company, identifying Genworth Life Insurance Company; Genworth North America Corporation; Genworth Financial, Inc.; Genworth North America Corporation; XL, Axis, Arch, AIG, Freedom Specialty, Everest Re, AIG Cat, CNA, XL Bermuda, Axis Bermuda, Lexington and Chubb. (Velkei, Steven) (Entered: 06/16/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 6/16/2009, Entered: None
FIRST STIPULATION Extending Time to Answer the complaint as to Genworth Life Insurance Company answer now due 7/31/2009, filed by Defendant Genworth Life Insurance Company. (Attachments: # 1 Proposed Order)(Velkei, Steven) (Entered: 06/16/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 6/12/2009, Entered: None Court Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE: The Court, having reviewed the accompanying Application of H. Sullivan (Van) Bunch for permission to appear and participate in the above-entitled action on behalf of plaintiff Robert A. Peisner by Judge Gary A. Feess: granting 14 Application to Appear Pro Hac Vice by Attorney H. Sullivan (Van) Bunch on behalf of Plaintiff, Robert A. Peisner, designating John J. Stoia as local counsel. (bp) (Entered: 06/12/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 6/11/2009, Entered: None
NOTICE OF LODGING filed re APPLICATION for attorney H. Sullivan (Van) Bunch to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005438401 paid.) 14 (Attachments: # 1 Exhibit 1- Certificate of Good Standing, # 2 Exhibit 2- Proposed Order)(Stoia, John) (Entered: 06/11/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 6/11/2009, Entered: None
APPLICATION for attorney H. Sullivan (Van) Bunch to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005438401 paid.) filed by Plaintiff Robert A. Peisner. (Stoia, John) (Entered: 06/11/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 6/10/2009, Entered: None Court Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE: The Court, having reviewed the Accompanying Application of Andrew S. Friedman for permission to appear and participate in the above-entitled action on behalfof plaintiff Robert A. Peisner by Judge Gary A. Feess: granting 12 Application to Appear Pro Hac Vice by Attorney Andrew S. Freidman on behalf of plaintiff, Robert A. Peisner, designating Robert A. Peisner as local counsel. (bp) (Entered: 06/11/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 6/9/2009, Entered: None
APPLICATION for attorney Andrew S. Friedman to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005424167 paid.) filed by Plaintiff Robert A. Peisner. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Stoia, John) (Entered: 06/09/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 6/4/2009, Entered: None
PROOF OF SERVICE Executed by Plaintiff Robert A. Peisner, upon Genworth Life Insurance Company served on 5/27/2009, answer due 6/16/2009. The Summons and Complaint were served by Personal service, by Federal statute, upon Lisa Evans, Authorized Agent for Service. Due Dilligence declaration not attached. Original Summons not returned. (Stoia, John) (Entered: 06/04/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 6/3/2009, Entered: None Court Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE: The Court, having reviewed the accompanying Application of Joseph N. Kravec, Jr for permission to appear and participate in the above-entitled action on behalf of plaintiff by Judge Gary A. Feess: granting 8 Application to Appear Pro Hac Vice by Attorney Joseph N, Kravec, Jr. on behalf of plaintiff Robert A. Peisner, designating John J. Soia as local counsel. (bp) (Entered: 06/04/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 5/29/2009, Entered: None Court Filing
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Gary A. Feess for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 09-03676 GAF (FMOx). (rn) (Entered: 05/29/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 5/29/2009, Entered: None
APPLICATION for attorney Joseph N. Kravec, Jr. to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Robert A. Peisner. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Stoia, John) (Entered: 05/29/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 5/29/2009, Entered: None Court Filing
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Mariana R. Pfaelzer. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Mariana R. Pfaelzer to Judge Ronald S.W. Lew for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 09-03676 RSWL (FMOx). (rn) (Entered: 05/29/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 5/22/2009, Entered: None
NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Joseph N Kravec, Jr for Plaintiff Robert A. Peisner. (et) (Entered: 05/28/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 5/22/2009, Entered: None
NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney H Sullivan Bunch for Plaintiff Robert A. Peisner. (et) (Entered: 05/28/2009)
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Legal Document (Payment Possibly Required) 4 Filed: 5/22/2009, Entered: None
NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Francis J Balint, Jr for Plaintiff Robert A. Peisner. (et) (Entered: 05/28/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 5/22/2009, Entered: None
NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Andrew S Friedman for Plaintiff Robert A. Peisner. (et) (Entered: 05/28/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 5/22/2009, Entered: None
CERTIFICATION AS TO Interested Parties filed by Plaintiff Robert A. Peisner. (et) (ds). (Entered: 05/28/2009)
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Legal Document (Payment Possibly Required) 1 Filed: 5/22/2009, Entered: None
CLASS ACTION COMPLAINT against Defendant Genworth Life Insurance Company. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Robert A. Peisner. (et) Modified on 5/28/2009 (et). (Additional attachment(s) added on 5/28/2009: # 1 Exhibits 1 - 4, # 2 Exhibits 5 - 7, # 3 Exhibit 8, # 4 Exhibits 9 - 12, # 5 Exhibits 13 - 19) (ds). (Entered: 05/28/2009)
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