Stutzman v. Lincoln Heritage Life Insurance Company et al

Federal Civil Lawsuit Oklahoma Western District Court, Case No. 5:17-cv-01155
District Judge Stephen P Friot, presiding
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District Judge Stephen P Friot
Last Updated July 29, 2025 at 1:09 PM EDT (5.9 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anonymized Party [B23D509], Plaintiff

Represented by Riggs Abney Neal Turpen Orbison Lewis-OKC

Name Phone Fax E-Mail
Space Melvin C Hall mhall@riggsabney.com
v.
No Logo Gary Scism, Jr, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Carri A Remillard
Space David A. Selden +1 602 266 6610
Space Amy Sherry-Fischer
No Logo Lincoln Heritage Life Insurance Company, Defendant

Represented by District Attorney's Ofc-OKC

Name Phone Fax E-Mail
Space Carri A Remillard +1 405 232 4633 +1 405 232 3462 carri.remillard@oklahomacounty.org

Represented by Foliart Huff Ottaway & Bottom

Name Phone Fax E-Mail
Space Amy Sherry Fischer , +1 405 232 4633 +4 052 323 3462 amyfischer@oklahomacounsel.com

Represented by THE CAVANAGH LAW FIRM

Name Phone Fax E-Mail
Space David A Selden dselden@cavanaghlaw.com
Attributes
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 2003 Job Discrimination
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (61) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 57 Filed: 10/23/2019, Entered: 10/23/2019
ORDER FOF DISMISSAL WITH PREJUDICE re 56 Stipulation for Dismissal With Prejudice. Signed by Honorable Stephen P. Friot on 10/23/2019. (llg)
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Legal Document (Payment Possibly Required) 56 Filed: 10/22/2019, Entered: 10/22/2019
STIPULATION of Dismissal with Prejudice by All Defendants. (Attachments: # 1 Attachment Order of Dismissal)(Selden, David)
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Legal Document (Payment Possibly Required) 55 Filed: 9/26/2019, Entered: 9/26/2019
ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to file any stipulation or dismissal, or to seek any order required to obtain a final determination of these proceedings based on the settlement. If parties have not filed any such document within 30 days for the purpose of dismissal pursuant to the settlement and compromise, this action shall be deemed dismissed with prejudice. Signed by Honorable Stephen P. Friot on 9/26/2019. (llg)
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Legal Document (Payment Possibly Required) 54 Filed: 9/26/2019, Entered: 9/26/2019
NOTICE of Settlement Joint by B23D509 (Hall, Melvin)
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Legal Document (Payment Possibly Required) 53 Filed: 9/23/2019, Entered: 9/23/2019
SURREPLY re 51 Reply to Response to Motion filed by B23D509. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 52 Filed: 9/17/2019, Entered: 9/17/2019
ORDER re 51 Reply to Response to Motion filed by Gary Scism, Jr, Lincoln Heritage Life Insurance Company. plaintiff is permitted to file a short sur-reply brief due no later than 7 days from the date on which the reply brief was filed, making any sur-reply brief due on September 23, 2019. See order for further details. Signed by Honorable Stephen P. Friot on 9/17/2019. (ac)
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Legal Document (Payment Possibly Required) 51 Filed: 9/16/2019, Entered: 9/16/2019
REPLY to Response to Motion re 36 MOTION for Summary Judgment filed by Lincoln Heritage Life Insurance Company, Gary Scism, Jr. (Attachments: # 1 Exhibit Exhibits A-F)(Selden, David)
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Legal Document (Payment Possibly Required) 50 Filed: 9/6/2019, Entered: 9/6/2019
STIPULATED PROTECTIVE ORDER. Signed by Honorable Stephen P. Friot on 9/6/19. (ac)
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Legal Document (Payment Possibly Required) 49 Filed: 9/5/2019, Entered: 9/5/2019
ORDER granting 47 Motion for Extension of Time to File Response/Reply re 36 MOTION for Summary Judgment Replies due by 9/16/2019. Signed by Honorable Stephen P. Friot on 9/5/2019. (ac)
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Legal Document (Payment Possibly Required) 48 Filed: 9/5/2019, Entered: 9/5/2019
STIPULATION to Enter Protective Order by All Defendants. (Attachments: # 1 Attachment Stipulated Protective Order)(Selden, David)
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Legal Document (Payment Possibly Required) 47 Filed: 9/5/2019, Entered: 9/5/2019
JOINT MOTION for Extension of Time to File Response/Reply in Support of Motion for Summary Judgment by Lincoln Heritage Life Insurance Company, Gary Scism, Jr. (Attachments: # 1 Attachment Proposed Order Granting Extension of Time)(Selden, David)
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Legal Document (Payment Possibly Required) 46 Filed: 8/26/2019, Entered: 8/26/2019
RESPONSE to Motion re 36 MOTION for Summary Judgment filed by B23D509. (Attachments: # 1 Exhibit ASR Agmt- B23D509, # 2 Exhibit Letter from Brunz, # 3 Exhibit Welcome Letter, # 4 Exhibit Letter from Williamson, # 5 Exhibit New Agent Data Sheet- Price, # 6 Exhibit ASR Agmt- Price, # 7 Exhibit New Agent Data Sheet- Ehlert, # 8 Exhibit ASR Agmt- Ehlert, # 9 Exhibit New Agent Data Sheet- Canizarez, # 10 Exhibit ASR Agmt- Canizarez, # 11 Exhibit New Agent Data Sheet- B. Stutuzman, # 12 Exhibit ASR Agmt- B. B23D509, # 13 Exhibit New Agent Data Sheet-McEvoy, # 14 Exhibit ASR Agmt-McEvoy, # 15 Exhibit Letter from Allen, # 16 Exhibit New Agent Data Sheet- Childers, # 17 Exhibit ASR Agmt- Childers, # 18 Exhibit Television Leads, # 19 Exhibit Mail Leads, # 20 Exhibit EEOC Position Statement, # 21 Exhibit Declaration of Perkins, # 22 Exhibit Electric Bill, # 23 Exhibit Training Materials, # 24 Exhibit Letter from Schuneman, # 25 Exhibit Memo from Grossman, # 26 Exhibit Group Incentive Trip, # 27 Exhibit Decl B. B23D509, # 28 Exhibit Decl B23D509, # 29 Exhibit Decl Boyte, # 30 Exhibit Decl of Canizarez, # 31 Exhibit Scism Depo, # 32 Exhibit B23D509 Depo, # 33 Exhibit List of Employees, # 34 Exhibit Service Agreement)(Hall, Melvin)
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Legal Document (Payment Possibly Required) 45 Filed: 8/9/2019, Entered: 8/9/2019
NOTICE of Subpoena by B23D509 (Attachments: # 1 Attachment Subpoena)(Hall, Melvin)
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Legal Document (Payment Possibly Required) 44 Filed: 6/28/2019, Entered: 6/28/2019
ORDER granting 41 Plaintiff's Motion for Extension of Time to File Response to 36 Defendant's MOTION for Summary Judgment. Response due by 8/26/2019. Signed by Honorable Stephen P. Friot on 6/28/2019. (llg)
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Blank  Filed: 6/28/2019, Entered: 6/28/2019
NOTICE from the Court re 43 Defendant Lincoln Heritage Life Insurance Company's Response to Plaintiff's Motion for Extension of Time to File Response. Counsel for Lincoln Heritage Life Insurance Company is DIRECTED, in future filings, to comply with the court's ECF Policies & Procedures Manual, Section II.A.4.a. - "Exhibits... shall be submitted as separate attachments to the document [i.e., each exhibit shall be a SEPARATE ATTACMENT] and shall clearly labeled with the appropriate exhibit number.... A description [more than just the exhibit no.] of the numbered exhibit must be provided in the docket entry...." Failure to comply in the future WILL result in filings being stricken. (llg)
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Legal Document (Payment Possibly Required) 43 Filed: 6/27/2019, Entered: 6/27/2019
RESPONSE to Motion re 41 MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit Exhibits)(Selden, David)
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Legal Document (Payment Possibly Required) 42 Filed: 6/24/2019, Entered: 6/24/2019
ORDER. Any objection to 41 Plaintiff's Motion for Extension of Time to File Response is DUE by 6/27/2019. Pending the court's ruling on the motion for extension of time, plf's response ddl for 36 Defendant's Motion for Summary Judgment is stayed. Signed by Honorable Stephen P. Friot on 6/24/2019. (llg)
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Legal Document (Payment Possibly Required) 41 Filed: 6/21/2019, Entered: 6/21/2019
MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment by B23D509. (Attachments: # 1 Attachment Declaration of Melvin C. Hall)(Hall, Melvin)
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Blank  Filed: 5/16/2019, Entered: 5/16/2019
Set/Reset Deadlines as to 36 MOTION for Summary Judgment. Response due by 6/25/2019. (llg)
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Legal Document (Payment Possibly Required) 40 Filed: 5/16/2019, Entered: 5/16/2019
AMENDED SCHEDULING ORDER granting 39 JOINT MOTION for Extension of Time re: Certain Deadlines: Plf granted until 6/25/2019 to respond to 36 Defendant's Motion for Summary Judgment; Discovery due 1/15/2020; Motions in limine due 1/21/2020; Jury instructions & verdict forms due 1/21/2020; Voir dire requests due 1/21/2020; Trial briefs due 1/21/2020; Pretrial Report due 1/21/2020; Jury Trial set for 2/11/2020 09:30 AM in Courtroom 401 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 5/16/2019. (llg)
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Legal Document (Payment Possibly Required) 39 Filed: 5/15/2019, Entered: 5/15/2019
JOINT MOTION for Extension of Time to Complete Discovery re: Certain Deadlines by All Defendants. (Selden, David)
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Legal Document (Payment Possibly Required) 38 Filed: 5/9/2019, Entered: 5/9/2019
NOTICE of Subpoena by B23D509 (Attachments: # 1 Attachment Subpoena for Deposition)(Hall, Melvin)
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Legal Document (Payment Possibly Required) 37 Filed: 5/8/2019, Entered: 5/8/2019
OBJECTIONS re 33 Exhibit List filed by B23D509. (Hall, Melvin)
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Blank  Filed: 5/1/2019, Entered: 5/1/2019
NOTICE from the Court re 36 Defendant Lincoln Heritage Life Insurance Company's MOTION for Summary Judgment. Counsel for defendant is DIRECTED, in future filings, to comply with the court's ECF Policies & Procedures Manual, Section II.A.4.a. - "Exhibits... shall be submitted as separate attachments to the document [i.e., each exhibit shall be a SEPARATE attachment] and shall be clearly labeled with the appropriate exhibit number.... A description [more than just the exhibit no.] of the numbered exhibit must be provided in the docket entry...." Failure to comply in the future will result in filings being stricken. (llg)
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Legal Document (Payment Possibly Required) 36 Filed: 5/1/2019, Entered: 5/1/2019
MOTION for Summary Judgment by Lincoln Heritage Life Insurance Company. (Attachments: # 1 Exhibit)(Selden, David)
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Legal Document (Payment Possibly Required) 35 Filed: 4/24/2019, Entered: 4/24/2019
Exhibit List Objections to Plaintiff's Final List of Exhibits by Defendant Lincoln Heritage Life Insurance Company. (Selden, David)
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Legal Document (Payment Possibly Required) 34 Filed: 4/24/2019, Entered: 4/24/2019
Witness List by Defendant Lincoln Heritage Life Insurance Company. (Selden, David)
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Legal Document (Payment Possibly Required) 33 Filed: 4/24/2019, Entered: 4/24/2019
Exhibit List by Defendant Lincoln Heritage Life Insurance Company. (Selden, David)
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Legal Document (Payment Possibly Required) 32 Filed: 4/10/2019, Entered: 4/10/2019
Witness List by Plaintiff B23D509. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 31 Filed: 4/10/2019, Entered: 4/10/2019
Exhibit List by Plaintiff B23D509. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 30 Filed: 8/17/2018, Entered: 8/17/2018
ORDER granting 29 Motion to Withdraw as Attorney. Attorney Carri A Remillard withdrawn as counsel for defendants. Signed by Honorable Stephen P. Friot on 8/17/2018. (llg)
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Legal Document (Payment Possibly Required) 29 Filed: 8/17/2018, Entered: 8/17/2018
MOTION to Withdraw as Attorney by Lincoln Heritage Life Insurance Company, Gary Scism, Jr. (Remillard, Carri)
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Legal Document (Payment Possibly Required) 28 Filed: 8/13/2018, Entered: 8/13/2018
SCHEDULING ORDER: Motions to join due 11/1/2018; Motions to amend due 11/1/2018; Pla expert witness list and expert reports due 3/10/2019; Dft expert witness list and expert reports due 30 days t/a; Pla witness list due 4/10/2019; Dft witness list due 14 days t/a; Pla exhibit list due 4/10/2019; Dft exhibit list due 14 days t/a; Motions in limine due 7/23/2019; Jury instructions & verdict forms due 7/23/2019; Voir dire requests due 7/23/2019; Trial briefs due 7/23/2019; Discovery due by 7/15/2019. Jury Trial set for 8/13/2019 09:30 AM in Courtroom 305 before Honorable Stephen P. Friot. Dispositive & Daubert Motions due by 5/1/2019. Pretrial Report due by 7/23/2019. Entered at the direction of Honorable Stephen P. Friot on 8/13/2018. (llg)
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Legal Document (Payment Possibly Required) 27 Filed: 8/9/2018, Entered: 8/9/2018
JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff B23D509. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 26 Filed: 7/25/2018, Entered: 7/25/2018
ENTRY of Appearance by David A Selden on behalf of Lincoln Heritage Life Insurance Company (Selden, David)
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Legal Document (Payment Possibly Required) 25 Filed: 7/3/2018, Entered: 7/3/2018
STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 8/13/2018 09:15 AM in Chambers before Honorable Stephen P. Friot. Status Report due by 8/9/2018. (llg)
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Legal Document (Payment Possibly Required) 24 Filed: 6/12/2018, Entered: 6/12/2018
ORDER granting 21 Defendant Gary Scism Jr's Motion to Dismiss Negligence Claim for Lack of Jurisdiction. The negligence claim (count three, alleged in 58-60 of the first amended complaint) is DISMISSED w/o prejudice. In addition, dft Gary Scism Jr is DISMISSED from this federal action. To avoid any possible confusion regarding the effective date of these dismissals for purposes of ยง1367(d) or otherwise, the court states that the present order, & not its prior order of conditional dismissal (doc. no. 18), governs the date of dismissal. Signed by Honorable Stephen P. Friot on 6/12/2018. (llg)
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Legal Document (Payment Possibly Required) 23 Filed: 5/2/2018, Entered: 5/2/2018
REPLY to Response to Motion re 21 MOTION to Dismiss for Lack of Jurisdiction filed by Gary Scism, Jr. (Fischer, Amy)
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Legal Document (Payment Possibly Required) 22 Filed: 4/25/2018, Entered: 4/25/2018
RESPONSE to Motion re 21 MOTION to Dismiss for Lack of Jurisdiction filed by B23D509. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 21 Filed: 4/4/2018, Entered: 4/4/2018
MOTION to Dismiss for Lack of Jurisdiction by Gary Scism, Jr. (Fischer, Amy)
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Legal Document (Payment Possibly Required) 20 Filed: 4/4/2018, Entered: 4/4/2018
ANSWER to 19 Amended Complaint by Lincoln Heritage Life Insurance Company.(Fischer, Amy)
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Legal Document (Payment Possibly Required) 19 Filed: 3/21/2018, Entered: 3/21/2018
AMENDED COMPLAINT against Lincoln Heritage Life Insurance Company, Gary Scism, Jr filed by B23D509.(Hall, Melvin)
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Legal Document (Payment Possibly Required) 18 Filed: 3/7/2018, Entered: 3/7/2018
ORDER granting 10 Defendant Gary Scism Jr's Motion to Dismiss Negligence Claim for Lack of Jurisdiction. Absent amendment, the negligence claim is DISMISSED w/o prejudice & dft Scism is DISMISSED from this action. If B23D509 is able to allege addl facts to show that the negligence claim is part of the same case or controversy as the federal claims, he may amend for that limited purpose. Any such First Amended Complaint is DUE within 14 days of this date. If an amended complaint is not filed, the dismissals stated above will be effective, & this action will proceed w/o the negligence claim & w/o Scism as a dft. Signed by Honorable Stephen P. Friot on 3/7/2018. (llg)
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Legal Document (Payment Possibly Required) 17 Filed: 2/2/2018, Entered: 2/2/2018
REPLY to Response to Motion re 10 MOTION to Dismiss for Lack of Jurisdiction filed by Gary Scism, Jr. (Fischer, Amy)
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Legal Document (Payment Possibly Required) 16 Filed: 1/31/2018, Entered: 1/31/2018
RESPONSE to Motion re 10 MOTION to Dismiss for Lack of Jurisdiction Corrected filed by B23D509. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 15 Filed: 1/31/2018, Entered: 1/31/2018
ORDER granting 14 Plaintiff's Motion to Correct His Response to Defendant's Motion to Dismiss. Plf shall file his Corrected Response by 2/1/2018. Signed by Honorable Stephen P. Friot on 1/31/2018. (llg)
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Legal Document (Payment Possibly Required) 14 Filed: 1/30/2018, Entered: 1/30/2018
MOTION to Amend/Correct 13 Response to Motion by B23D509. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 13 Filed: 1/26/2018, Entered: 1/26/2018
RESPONSE to Motion re 10 MOTION to Dismiss for Lack of Jurisdiction filed by B23D509. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 12 Filed: 1/5/2018, Entered: 1/5/2018
ORDER granting 9 Motion for Admission Pro Hac Vice. David A Selden is admitted to practice before this court for the ltd purpose of participating in this case on behalf of dfts, provided counsel submits an ECF registration form & files an entry of appearance, consistent w/LCvR83.4. Signed by Honorable Stephen P. Friot on 1/5/2018. (llg)
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Legal Document (Payment Possibly Required) 11 Filed: 1/5/2018, Entered: 1/5/2018
DISCLOSURE STATEMENT - CORPORATE by Lincoln Heritage Life Insurance Company . (Fischer, Amy)
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Legal Document (Payment Possibly Required) 10 Filed: 1/5/2018, Entered: 1/5/2018
MOTION to Dismiss for Lack of Jurisdiction by Gary Scism, Jr. (Fischer, Amy)
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Legal Document (Payment Possibly Required) 9 Filed: 1/5/2018, Entered: 1/5/2018
MOTION for Leave to Appear Pro Hac Vice for David A. Selden Filing fee $ 50, receipt number 1087-2622677 by Lincoln Heritage Life Insurance Company, Gary Scism, Jr. (Attachments: # 1 Exhibit 1-Request for Admission Pro Hac Vice)(Fischer, Amy)
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Legal Document (Payment Possibly Required) 8 Filed: 1/5/2018, Entered: 1/5/2018
ANSWER to Complaint by Lincoln Heritage Life Insurance Company.(Fischer, Amy)
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Legal Document (Payment Possibly Required) 7 Filed: 12/22/2017, Entered: 12/22/2017
ORDER granting 6 Defendants' Unopposed Motion for Extension of Time to File a Responsive Pleading or Motion to 1 Plaintiff's Complaint. Lincoln Heritage Life Insurance Company and Gary Scism, Jr answer or other responsive pldg due 1/5/2018. Signed by Honorable Stephen P. Friot on 12/22/2017. (llg)
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Legal Document (Payment Possibly Required) 6 Filed: 12/22/2017, Entered: 12/22/2017
UNOPPOSED MOTION for Extension of Time by All Defendants. (Fischer, Amy) Modified on 12/22/2017 (llg).
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Legal Document (Payment Possibly Required) 5 Filed: 12/22/2017, Entered: 12/22/2017
ENTRY of Appearance by Amy Sherry Fischer on behalf of All Defendants (Fischer, Amy)
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Legal Document (Payment Possibly Required) 4 Filed: 12/22/2017, Entered: 12/22/2017
ENTRY of Appearance by Carri A Remillard on behalf of All Defendants (Remillard, Carri)
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Legal Document (Payment Possibly Required) 3 Filed: 10/24/2017, Entered: 10/24/2017
ENTRY of Appearance by Melvin C Hall on behalf of B23D509 (Hall, Melvin)
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Blank  Filed: 10/24/2017, Entered: 10/24/2017
PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2581117. (Hall, Melvin)
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Legal Document (Payment Possibly Required) 2 Filed: 10/24/2017, Entered: 10/24/2017
Summons Issued Electronically as to Lincoln Heritage Life Insurance Company, Gary Scism, Jr. (kr)
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Legal Document (Payment Possibly Required) 1 Filed: 10/24/2017, Entered: 10/24/2017
COMPLAINT against Lincoln Heritage Life Insurance Company, Gary Scism, Jr filed by B23D509. (Attachments: # 1 Civil Cover Sheet)(kr)
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