Accordia Life and Annuity Company v. Shyvers

Federal Civil Lawsuit Texas Southern District Court, Case No. 4:17-cv-01461
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Last Updated February 25, 2019 at 5:10 AM EST (6.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Accordia Life And Annuity Company, Counter-Defendant

Represented by Edison, McDowell & Hetherington LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kendall Burr +1 713 337 5580 +1 713 337 8851 kendall.burr@emhllp.com

Represented by Walters Bender Strohbehn & Vaughan

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED J. Michael Vaughan +1 816 421 6620 +1 816 421 4747 mvaughan@wbsvlaw.com
No Logo Kathleen Kehoe, Counter-Defendant

Represented by Palmer & Manuel, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jeffrey R Sandberg +1 214 242 6454 +1 214 265 1950 jsandberg@pamlaw.com
Other Parties
No Logo Grist Mill Trust Welfare Benefit Plan, Cross Defendant

Represented by Palmer & Manuel, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jeffrey R Sandberg +1 214 242 6454 +1 214 265 1950 jsandberg@pamlaw.com
No Logo Jo M. Pollack, M.D., P.A., Cross Claimant

Represented by Fee Smith Sharp and Vitullo LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Jon Azano +1 972 934 9100 +1 972 934 9200 jazano@feesmith.com

Represented by Malesovas Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED John Lee Malesovas +1 512 708 1777 +1 512 708 1779 john@malesovas.com
No Logo Leslie A. Shyvers, Cross Claimant

Represented by Fee Smith Sharp and Vitullo LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Jon Azano +1 972 934 9100 +1 972 934 9200 jazano@feesmith.com

Represented by Malesovas Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED John Lee Malesovas +1 512 708 1777 +1 512 708 1779 john@malesovas.com
Attributes
Citation Section 28 U.S.C. § 1335
Nature of Suit 110 - Contract - Insurance
Timeline
  Entries (48) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 45 Filed: 9/17/2018, Entered: None Stipulation of Dismissal
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Legal Document (Payment Possibly Required) 44 Filed: 8/8/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 43 Filed: 8/7/2018, Entered: None Miscellaneous Relief
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Legal Document (Payment Possibly Required) 42 Filed: 6/20/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 41 Filed: 4/17/2018, Entered: None Dismissal-FORM
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Legal Document (Payment Possibly Required) 40 Filed: 4/10/2018, Entered: None Notice of Settlement
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Legal Document (Payment Possibly Required) 39 Filed: 3/23/2018, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM OPINION AND ORDER GRANTING IN PART DENYING IN PART 34 AMENDED 11 MOTION to Dismiss, DENYING 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, DENYING 33 MOTION to Strike.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Legal Document (Payment Possibly Required) 38 Filed: 9/8/2017, Entered: None Unknown Document Type
PROPOSED ORDER Denying Defendants Grist Mill & Kehoe's Amended Mtn to Dismiss Counterclaims in REM re: 37 Response to Motion,, filed.(Azano, Jonathan) (Entered: 09/08/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 9/8/2017, Entered: None Unknown Document Type
RESPONSE to 34 AMENDED 11 MOTION MOTION to Dismiss 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Motion To Dismiss Counterclaims In Rem And Original Motion To Dismiss Original Crossclaims Under Rules 9(B) And 12(B)(1), (2) & (6) And Supporting Brief Of De filed by Jo M. Pollack, M.D., P.A.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Azano, Jonathan) (Entered: 09/08/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 8/23/2017, Entered: None Unknown Document Type
ANSWER to 24 Amended Answer, Crossclaim, Counterclaim by Accordia Life and Annuity Company, filed.(Vaughan, J.) (Entered: 08/23/2017)
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Legal Document (Payment Possibly Required) 35 Filed: 8/22/2017, Entered: None Unknown Document Type
BRIEF in Opposition to Motion to Strike Immaterial, Impertinent and Scandalous Statements in the Amended Counterclaims in Rem and Original Counterclaims Under Rule 12(f) by Jo M. Pollack, M.D., P.A., Leslie A. Shyvers, filed.(Azano, Jonathan) (Entered: 08/22/2017)
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Legal Document (Payment Possibly Required) 34 Filed: 8/18/2017, Entered: None Unknown Document Type
AMENDED 11 MOTION( Motion Docket Date 9/8/2017.), MOTION to Dismiss 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Motion To Dismiss Counterclaims In Rem And Original Motion To Dismiss Original Crossclaims Under Rules 9(B) And 12(B)(1), (2) & (6) And Supporting Brief Of Defendants Grist Mill Trust Welfare Benefit Plan And Kathleen Kehoe, In Her Capacity As Trustee Of The Grist Mill Trust Welfare Benefit Plan by Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe, filed. (Sandberg, Jeffrey) (Entered: 08/18/2017)
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Legal Document (Payment Possibly Required) 33 Filed: 8/18/2017, Entered: None Unknown Document Type
MOTION to Strike 24 Amended Answer, Crossclaim, Counterclaim Motion To Strike Immaterial, Impertinent And Scandalous Statements In The Amendedcounterclaims In Rem And Original Crossclaims Under Rule 12(F) And Supporting Brief Of Defendants Grist Mill Trust Welfare Benefit Plan And Kathleen Kehoe, In Her Capacity As Trustee Of The Grist Mill Trust Welfare Benefit Plan by Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe, filed. Motion Docket Date 9/8/2017. (Sandberg, Jeffrey) Modified on 8/18/2017 (smurdock, 4). per attorney filed in error will re file (Entered: 08/18/2017)
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Legal Document (Payment Possibly Required) 32 Filed: 8/18/2017, Entered: None Unknown Document Type
MOTION to Strike 24 Amended Answer, Crossclaim, Counterclaim Motion To Strike Immaterial, Impertinent And Scandalous Statements In The Amended Counterclaims In Rem And Original Crossclaims Under Rule 12(F) And Supporting Brief Of Defendants Grist Mill Trust Welfare Benefit Plan And Kathleen Kehoe, In Her Capacity As Trustee Of The Grist Mill Trust Welfare Benefit Plan by Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe, filed. Motion Docket Date 9/8/2017. (Sandberg, Jeffrey) (Entered: 08/18/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 8/16/2017, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PARTIES by Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe, filed.(Sandberg, Jeffrey) (Entered: 08/16/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 8/16/2017, Entered: None Unknown Document Type
CORPORATE DISCLOSURE STATEMENT by Jo M. Pollack, M.D., P.A., Leslie A. Shyvers, filed.(Azano, Jonathan) (Entered: 08/16/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 8/16/2017, Entered: None Unknown Document Type
CERTIFICATE OF INTERESTED PARTIES by Jo M. Pollack, M.D., P.A., Leslie A. Shyvers, filed.(Azano, Jonathan) (Entered: 08/16/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 8/14/2017, Entered: None Unknown Document TypeCourt Filing
ORDER Granting 27 Motion for Extension of Time. Joint Discovery/Case Management Plan and agreed proposed scheduling order due by 10/2/2017 or thirty days after the court rules on the pending motions to dismiss.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 08/14/2017)
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Legal Document (Payment Possibly Required) 27 Filed: 8/10/2017, Entered: None Unknown Document Type
Agreed MOTION for Extension of Time for Conference Deadline by Accordia Life and Annuity Company, filed. Motion Docket Date 8/31/2017. (Attachments: # 1 Proposed Order)(Vaughan, J.) (Entered: 08/10/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 8/7/2017, Entered: None Unknown Document Type
RESPONSE to 19 MOTION to Dismiss 12 Answer to Complaint, Counterclaim filed by Jo M. Pollack, M.D., P.A., Leslie A. Shyvers. (Attachments: # 1 Proposed Order)(Azano, Jonathan) (Entered: 08/07/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 8/4/2017, Entered: 8/4/2017 Unknown Document Type
NOTICE OF DEPOSIT OF CASH BOND re: 23 Order on Motion to Deposit Funds by Accordia Life and Annuity Company, filed. (Vaughan, J.)
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Legal Document (Payment Possibly Required) 24 Filed: 8/3/2017, Entered: 8/3/2017 Unknown Document Type
AMENDED ANSWER to, CROSSCLAIM against Grist Mill Trust Welfare Benefit Plan, COUNTERCLAIM against Grist Mill Trust Welfare Benefit Plan by Leslie A. Shyvers, Jo M. Pollack, M.D., P.A., filed. (Azano, Jonathan)
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Legal Document (Payment Possibly Required) 23 Filed: 7/28/2017, Entered: None Order on Motion to Deposit Funds
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Legal Document (Payment Possibly Required) 23 Filed: 7/27/2017, Entered: None Unknown Document TypeCourt Filing
ORDER Granting 14 Motion to Deposit Funds - Authorized deposit in the amount of $46,585.69.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 07/28/2017)
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Legal Document (Payment Possibly Required) 22 Filed: 7/26/2017, Entered: 7/26/2017 Unknown Document Type
RESPONSE to 14 MOTION to Deposit Funds. filed by Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe. (Sandberg, Jeffrey)
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Legal Document (Payment Possibly Required) 21 Filed: 7/24/2017, Entered: 7/24/2017 Unknown Document Type
REPLY in Support of 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe. (Sandberg, Jeffrey)
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Legal Document (Payment Possibly Required) 20 Filed: 7/21/2017, Entered: 7/21/2017 Unknown Document Type
ANSWER to 12 Answer to Complaint, Counterclaim by Accordia Life and Annuity Company, filed.(Vaughan, J.)
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Legal Document (Payment Possibly Required) 19 Filed: 7/18/2017, Entered: 7/18/2017 Unknown Document Type
MOTION to Dismiss 12 Answer to Complaint, Counterclaim by Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe, filed. Motion Docket Date 8/8/2017. (Attachments: # 1 Proposed Order)(Sandberg, Jeffrey)
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Legal Document (Payment Possibly Required) 18 Filed: 7/14/2017, Entered: 7/14/2017 Unknown Document Type
JOINDER in 16 Response in Opposition to Motion to Dismiss Claims under Rule 12(b)(1), (6), filed by Jo M. Pollack, M.D., P.A., Leslie A. Shyvers. (Azano, Jonathan)
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Legal Document (Payment Possibly Required) 17 Filed: 7/14/2017, Entered: 7/14/2017 Unknown Document Type
APPENDIX re: 16 Response in Opposition to Motion by Accordia Life and Annuity Company, filed. (Attachments: # 1 Affidavit)(Vaughan, J.)
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Legal Document (Payment Possibly Required) 16 Filed: 7/14/2017, Entered: 7/14/2017 Unknown Document Type
RESPONSE in Opposition to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Accordia Life and Annuity Company. (Attachments: # 1 Authority, # 2 Authority, # 3 Proposed Order)(Vaughan, J.)
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Legal Document (Payment Possibly Required) 15 Filed: 7/13/2017, Entered: 7/13/2017 Unknown Document Type
APPENDIX re: 14 MOTION to Deposit Funds. by Accordia Life and Annuity Company, filed. (Attachments: # 1 Affidavit, # 2 Affidavit)(Vaughan, J.)
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Legal Document (Payment Possibly Required) 14 Filed: 7/13/2017, Entered: 7/13/2017 Unknown Document Type
MOTION to Deposit Funds. by Accordia Life and Annuity Company, filed. Motion Docket Date 8/3/2017. (Attachments: # 1 Authority, # 2 Authority, # 3 Authority, # 4 Authority, # 5 Authority, # 6 Authority, # 7 Authority, # 8 Proposed Order)(Vaughan, J.)
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Legal Document (Payment Possibly Required) 13 Filed: 7/5/2017, Entered: 7/5/2017 Unknown Document Type
NOTICE of Appearance by John L. Malesovas on behalf of Jo M. Pollack, M.D., P.A., Leslie A. Shyvers, filed. (Malesovas, John)
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Legal Document (Payment Possibly Required) 12 Filed: 6/30/2017, Entered: 6/30/2017 Unknown Document Type
ANSWER to Complaint, COUNTERCLAIM against Accordia Life and Annuity Company, Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe by Jo M. Pollack, M.D., P.A., Leslie A. Shyvers, filed.(Azano, Jonathan)
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Legal Document (Payment Possibly Required) 11 Filed: 6/26/2017, Entered: 6/26/2017 Unknown Document Type
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Grist Mill Trust Welfare Benefit Plan, Kathleen Kehoe, filed. Motion Docket Date 7/17/2017. (Attachments: # 1 Proposed Order)(Sandberg, Jeffrey)
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Legal Document (Payment Possibly Required) 10 Filed: 6/12/2017, Entered: 6/12/2017 Unknown Document Type
WAIVER OF SERVICE Returned Executed as to Kathleen Kehoe served on 5/11/2017, answer due 7/10/2017, filed.(Vaughan, J.)
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Legal Document (Payment Possibly Required) 9 Filed: 6/12/2017, Entered: 6/12/2017 Unknown Document Type
WAIVER OF SERVICE Returned Executed as to Grist Mill Trust Welfare Benefit Plan served on 5/11/2017, answer due 7/10/2017, filed.(Vaughan, J.)
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Legal Document (Payment Possibly Required) 8 Filed: 5/24/2017, Entered: 5/24/2017 Unknown Document Type
WAIVER OF SERVICE Returned Executed as to Leslie A. Shyvers served on 5/11/2017, answer due 7/10/2017, filed.(Burr, Kendall)
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Legal Document (Payment Possibly Required) 7 Filed: 5/24/2017, Entered: 5/24/2017 Unknown Document Type
WAIVER OF SERVICE Returned Executed as to Jo M. Pollack, M.D., P.A. served on 5/11/2017, answer due 7/10/2017, filed.(Burr, Kendall)
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Legal Document (Payment Possibly Required) 6 Filed: 5/19/2017, Entered: 5/19/2017 Unknown Document TypeCourt Filing
ORDER granting 5 MOTION for J. Michael Vaughan to Appear Pro Hac Vice (Signed by Judge Gray H Miller) Parties notified.(olindor, 4)
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Legal Document (Payment Possibly Required) 5 Filed: 5/18/2017, Entered: 5/18/2017 Unknown Document TypeCourt Filing
MOTION for J. Michael Vaughan to Appear Pro Hac Vice by Accordia Life and Annuity Company, filed. Motion Docket Date 6/8/2017. (Attachments: # 1 Judge's Procedures Declaration of J. Michael Vaughan)(Burr, Kendall)
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Legal Document (Payment Possibly Required) 4 Filed: 5/18/2017, Entered: 5/18/2017 Unknown Document Type
CERTIFICATE OF INTERESTED PARTIES by Accordia Life and Annuity Company, filed.(Burr, Kendall)
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Legal Document (Payment Possibly Required) 3 Filed: 5/12/2017, Entered: 5/12/2017 Unknown Document TypeCourt Filing
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 8/18/2017. (Signed by Judge Gray H Miller) Parties notified. (LaurenWebster, 4)
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Legal Document (Payment Possibly Required) 2 Filed: 5/11/2017, Entered: 5/11/2017 Unknown Document Type
CORPORATE DISCLOSURE STATEMENT by Accordia Life and Annuity Company identifying Commonwealth Annuity & Life Insurance Company (Massachusetts); Forethought Services, LLC (Delaware); Forethought Financial Group, Inc. (Delaware); Global Atlantic (Fin) Company (Delaware); Commonwealth Re Midco Limited (Bermuda); Global Atlantic Financial Life Limited (Bermuda); and Global Atlantic Financial Group Limited (Bermuda). The Goldman Sachs Group, Inc., a publicly traded Delaware corporation, owns more than 10% of Global Atlantic Financial Group, Limited as Corporate Parent, filed.(Burr, Kendall)
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Legal Document (Payment Possibly Required) 1 Filed: 5/11/2017, Entered: 5/11/2017 Unknown Document Type
COMPLAINT in Interpleader against All Defendants (Filing fee $ 400 receipt number 0541-18358080) filed by Accordia Life and Annuity Company. (Attachments: # 1 Civil Cover Sheet)(Burr, Kendall)
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Legal Document (Payment Possibly Required)  Filed: 8/4/2017, Entered: None Unknown Document Type
Deposit made into the Registry of the Court by Accordia Life and Annuity Col in the amount of $46,585.69, receipt number HOU074351 re: 23 Order on Motion to Deposit Funds, filed. (hler, 4)
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Legal Document (Payment Possibly Required)  Filed: 8/4/2017, Entered: None Unknown Document Type
Interpleader Deposit Received (28 USC Section 1335) in the amount of $46,585.69, receipt no. HOU074351 (This entry is a duplicate and was made for reporting purposes), filed. (knguyen, 4)
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