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Filed: 12/12/2017, Entered: None |
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MAILED TO PARTY by financial re Interpleader Disbursement Completed (28 U.S.C. Section 1335). (jkl)
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Filed: 12/7/2017, Entered: None |
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Interpleader Disbursement Completed (28 U.S.C. Section 1335) in the amount of $4,474,795.46. (kns)
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| 32 |
Filed: 12/5/2017, Entered: None |
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CLERK'S JUDGMENT in favor of Defendants. (cmd)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 12/05/2017)
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Filed: 12/4/2017, Entered: None |
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Civil Case Terminated. (cmd)
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| 31 |
Filed: 12/4/2017, Entered: None |
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ORDER GRANTING the parties' 30 Joint Motion for Interpleader Disbursement (28 U.S.C. Section 1335), Discharge from Further Liability, Permanent Injunction, and Dismissal with Prejudice. The Clerk of Court is authorized and directed to draw checks on the funds on deposit in the registry of this Court as follows: (a) A check in the amount of $2,400,000, payable to Pinnacle Bank; (b) A check in the full amount of the remaining balance of the funds on deposit in the registry of the Court, including all accrued interest, minus any statutory user's fees, payable to Pershing fbo Dean A Burk Irrv Trust. Upon disbursement of the interpleaded funds as set forth herein, the above-styled civil action, including all claims, cross-claims, and counterclaims, is dismissed with prejudice. (See Order for details.) Signed by Judge Eleanor L. Ross on 12/4/2017. c:Financial Office(cmd) (Entered: 12/05/2017)
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| 30 |
Filed: 11/30/2017, Entered: None |
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Joint MOTION for Interpleader Disbursement (28 U.S.C. Section 1335), Joint MOTION for Discharge from Further Liability, Joint MOTION for Permanent Injunction, and Joint MOTION to Dismiss With Prejudice by Mary Anne Burke, Pinnacle Bank, Tim Heath Ray, The Penn Insurance and Annuity Company. (Attachments: # 1 Text of Proposed Order)(Carter, H.) Modified on 12/1/2017 to edit text. (cmd) (Entered: 11/30/2017)
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| 29 |
Filed: 11/28/2017, Entered: None |
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ORDER GRANTING 27 Motion to Substitute Party. IT IS HEREBY ORDERED that Mary Anne Burke and Tim Ray Heath, as co-trustees of the Dean A. Burke Irrevocable Trust, are substituted as parties to this action for defendant Allie Elizabeth Burke, as trustee of the Dean A. Burke Irrevocable Trust; and that Allie Elizabeth Burke is dismissed as a defendant in this action. Signed by Judge Eleanor L. Ross on 11/28/17. (bnw) (Entered: 11/28/2017)
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| 28 |
Filed: 11/28/2017, Entered: None |
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ORDER GRANTING 26 Motion for Extension of Time to Answer. Allie Elizabeth Burke Answer due 12/27/2017; Mary Anne Burke Answer due 12/27/2017; The Penn Insurance and Annuity Company Answer to Counterclaim due 12/27/2017. Signed by Judge Eleanor L. Ross on 11/28/17. (bnw) (Entered: 11/28/2017)
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| 27 |
Filed: 11/27/2017, Entered: None |
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Joint MOTION to Substitute Party Mary Anne Heath Burke and Tmi Ray Heathby Allie Elizabeth Burke. (Attachments: # 1 Exhibit A - Notice of Appointment of Trustee, # 2 Text of Proposed Order Order)(Cornwell, Dorothy) (Entered: 11/27/2017)
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| 26 |
Filed: 11/27/2017, Entered: None |
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Joint MOTION for Extension of Time to Answer by Allie Elizabeth Burke. (Attachments: # 1 Text of Proposed Order)(Cornwell, Dorothy) (Entered: 11/27/2017)
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Filed: 11/20/2017, Entered: None |
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Interpleader Deposit Received (28 U.S.C. Section 1335) per 20 Order in the amounts of (a) $2,450,500.44 under life insurance Policy No. 9205964 and (b) $2,023,361.06 under life insurance Policy No. 9205636; Receipt #: 97794. (cmd)
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| 25 |
Filed: 11/17/2017, Entered: None |
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Certification of Consent to Substitution of Counsel. James C. Morton replacing attorney Devin Phillips. (Morton, James) (Entered: 11/17/2017)
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| 24 |
Filed: 11/15/2017, Entered: None |
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ORDER DENYING 22 Motion to Set Aside Default and GRANTING 22 Motion for Extension of Time to Answer. Kathy Kehoe's 23 Answer is accepted as timely. Signed by Judge Eleanor L. Ross on 11/14/17. (jkl) (Entered: 11/15/2017)
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| 23 |
Filed: 11/10/2017, Entered: None |
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Affirmative Defenses & ANSWER to 1 COMPLAINT In Interpleader by Kathy Kehoe.(Baird, Kathryn) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/10/2017)
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| 22 |
Filed: 11/3/2017, Entered: None |
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MOTION to Set Aside Default, MOTION for Extension of Time to File Answer to Plaintiff's Complaint with Brief In Support by Kathy Kehoe. (Attachments: # 1 Text of Proposed Order Proposed Consent Order)(Baird, Kathryn) (Entered: 11/03/2017)
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| 21 |
Filed: 11/2/2017, Entered: None |
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NOTICE of Appearance by Kathryn E. Baird on behalf of Kathy Kehoe (Baird, Kathryn) (Entered: 11/02/2017)
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| 20 |
Filed: 10/30/2017, Entered: None |
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ORDER GRANTING 6 Motion for Interpleader Deposit (28 U.S.C. Section 1335). The Penn Insurance and Annuity Company is authorized and directed to pay into the registry of this Court the death benefit payable under life insurance Policy No. 9205636 in the amount of $1,970,876.35, plus any applicable interest, and the death benefit payable under life insurance Policy No. 9205964 in the amount of $2,386,936.01, plus any applicable interest, for ultimate disposition by order of this Court in the above-styled action. Signed by Judge Eleanor L. Ross on 10/30/2017. (cmd) (Entered: 10/30/2017)
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| 19 |
Filed: 10/30/2017, Entered: None |
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ORDER GRANTING the 18 Second Consent Motion for Extension of Time to Answer. Defendants Allie Elizabeth Burke and Mary Anne Burke have until November 27, 2017 to answer, move, or otherwise respond to the Plaintiff's Complaint. Signed by Judge Eleanor L. Ross on 10/30/2017. (cmd) (Entered: 10/30/2017)
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| 18 |
Filed: 10/27/2017, Entered: None |
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Consent MOTION for Extension of Time to File Answer re 1 Complaint,,,,,, through and including November 27, 2017 by Allie Elizabeth Burke, Mary Anne Burke. (Attachments: # 1 Text of Proposed Order)(Phillips, Devin) (Entered: 10/27/2017)
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| 17 |
Filed: 10/26/2017, Entered: None |
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ORDER GRANTING Plaintiff's 16 Motion for Extension of Time. The deadline for plaintiff The Penn Insurance and Annuity Company to answer or otherwise respond to the counterclaim filed by Pinnacle Bank is extended for a period of 30 days, through and including November 27, 2017. Signed by Judge Eleanor L. Ross on 10/26/2017. (cmd) (Entered: 10/26/2017)
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| 16 |
Filed: 10/25/2017, Entered: None |
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Consent MOTION for Extension of Time to Respond to the Counterclaim of Pinnacle Bank re: 12 Answer to Complaint, Crossclaim, Counterclaim through and including November 27, 2017, by The Penn Insurance and Annuity Company. (Attachments: # 1 Text of Proposed Order)(Carter, H.) Modified on 10/26/2017 to edit text. (cmd) (Entered: 10/25/2017)
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| 15 |
Filed: 10/17/2017, Entered: None |
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Return of Service Executed by The Penn Insurance and Annuity Company. Kathy Kehoe served on 10/9/2017, answer due 10/30/2017. (Carter, H.) (Entered: 10/17/2017)
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| 14 |
Filed: 10/16/2017, Entered: None |
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ORDER GRANTING 13 Consent Motion for Extension of Time to File Answer re 1 Complaint; Allie Elizabeth Burke and Mary Anne Burke Answer due 10/27/2017. Signed by Judge Eleanor L. Ross on 10/16/2017. (sap) (Entered: 10/16/2017)
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| 13 |
Filed: 10/13/2017, Entered: None |
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Consent MOTION for Extension of Time to File Answer re 1 Complaint by Allie Elizabeth Burke and Mary Anne Burke. (Attachments: # 1 Text of Proposed Order)(Phillips, Devin) (Entered: 10/13/2017)
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| 12 |
Filed: 10/6/2017, Entered: None |
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ANSWER to 1 COMPLAINT, CROSSCLAIM against Mary Anne Burke, Allie Elizabeth Burke and COUNTERCLAIM against The Penn Insurance and Annuity Company with Request for Injunctive Relief by Pinnacle Bank. (Discovery ends on 3/5/2018.) (Attachments: # 1 Exhibit 01, # 2 Exhibit 02, # 3 Exhibit 03, # 4 Exhibit 04, # 5 Exhibit 05, # 6 Exhibit 06, # 7 Exhibit 07, # 8 Exhibit 08, # 9 Exhibit 09, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Thrasher, Bret) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 10/10/2017 to edit text. (cmd) (Entered: 10/06/2017)
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Filed: 10/4/2017, Entered: None |
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Submission of 6 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) to District Judge Eleanor L. Ross. (cmd)
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| 11 |
Filed: 9/28/2017, Entered: None |
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ACKNOWLEDGMENT OF SERVICE Executed filed by The Penn Insurance and Annuity Company. Pinnacle Bank served on 9/28/2017. (Carter, H.) (Entered: 09/28/2017)
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| 10 |
Filed: 9/22/2017, Entered: None |
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ACKNOWLEDGMENT OF SERVICE Executed filed by The Penn Insurance and Annuity Company. Allie Elizabeth Burke served on 9/22/2017; Mary Anne Burke served on 9/22/2017. (Carter, H.) (Entered: 09/22/2017)
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| 9 |
Filed: 9/19/2017, Entered: None |
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NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) (Entered: 09/19/2017)
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| 8 |
Filed: 9/19/2017, Entered: None |
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ORDER OF RECUSAL. Judge Clarence Cooper recused. Case reassigned to Judge Eleanor L. Ross for all further proceedings. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-3569-ELR. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Clarence Cooper on 9/19/17. (bjh) (Entered: 09/19/2017)
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| 7 |
Filed: 9/19/2017, Entered: None |
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Certificate of Interested Persons and Corporate Disclosure Statement by The Penn Insurance and Annuity Company identifying Corporate Parent The Penn Mutual Life Insurance Company for The Penn Insurance and Annuity Company. (Carter, H.) (Entered: 09/19/2017)
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| 6 |
Filed: 9/15/2017, Entered: None |
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MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by The Penn Insurance and Annuity Company. (Attachments: # 1 Text of Proposed Order)(eop) (Entered: 09/18/2017)
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| 5 |
Filed: 9/15/2017, Entered: None |
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Electronic Summons Issued as to Kathy Kehoe. (eop) (Entered: 09/18/2017)
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Filed: 9/15/2017, Entered: None |
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Electronic Summons Issued as to Mary Anne Burke. (eop) (Entered: 09/18/2017)
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Filed: 9/15/2017, Entered: None |
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Electronic Summons Issued as to Allie Elizabeth Burke. (eop) (Entered: 09/18/2017)
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Filed: 9/15/2017, Entered: None |
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Electronic Summons Issued as to Pinnacle Bank. (eop) (Entered: 09/18/2017)
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| 1 |
Filed: 9/15/2017, Entered: None |
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COMPLAINT IN INTERPLEADER filed by The Penn Insurance and Annuity Company; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 113E-7385143.) (Attachments: # 1 Ex -1 - Acknowledgment -Indemnification, # 2 Ex -2 - 636 Policy, # 3 Ex -3 - 694 Policy, # 4 Ex -4 - 2008 Owner -Beneficiary - 636 Policy, # 5 Ex -5 -2008 - Owner Beneficiary -964 Policy, # 6 Ex -6 - 4/15/14 Letter, # 7 Ex -7 -Owner and Beneficiary Designation, # 8 ex -8- 2-15 Owner Designation -636 Policy, # 9 Ex -9 -2015 Owner Designation -964 Policy, # 10 Ex -10 - 2015 Beneficiary Designation, # 11 Ex -11 - 2016 Owner Designation, # 12 Ex -12 - Assignment of Policy April 28, 2016, # 13 Ex -13 - 1/9/2017 Letter, # 14 Ex -14 - 2017 Beneficiary Designation FOrm, # 15 Ex -15 - 2017 Certification of Trust, # 16 Ex -16 - M&D Burke Joint Trust, # 17 Ex -17 - 1/19/2017 Fax, # 18 Ex -18 - 2/3/2017 Letter, # 19 Ex -19 - January 2017 Beneficiary Designation, # 20 Ex -20 - 2017 Owner Designation, # 21 Ex -21 - Certification of Trust, # 22 Ex -22 - Burke Trust, # 23 Ex -23 - Death Certificate, # 24 Ex -24 - Partial Withdrawal of 636 Policy, # 25 Ex -25 - Loan Documents for 636 Policy, # 26 Ex -26 - Loac Documents for 964 Policy, # 27 Ex -27 - 1/12/17 Letteeer, # 28 Ex -28 - 1/9/17 Letter, # 29 Ex -29 - Verified Complaint, # 30 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 09/18/2017)
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