Guardian Life Ins v. Lowy

Federal Civil Lawsuit Arizona District Court, Case No. 2:03-cv-00822-DGC
District Judge David G Campbell, presiding
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District Judge David G Campbell
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Summary

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Parties
No Logo Guardian Life Insurance Company of America, Plaintiff

Represented by Bowman and Brooke LLP

Name Phone Fax E-Mail
Space Stephanie Lee Chilton +1 602 643 2447 +60248094 602 248 0947 stephanie.chilton@bowmanandbrooke.com

Represented by Kunz Plitt Hyland & Demlong PC

Name Phone Fax E-Mail
Space William M Demlong +1 602 331 4600 +1 602 331 8600 wmd@kunzlegal.com
v.
No Logo Seth Lowy, Defendant
Attributes
Office Phoenix Division
Filed 4/30/2003
Jury Demand None
Demand $0
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Breach of Contract
Jurisdiction Diversity
Disposition Judgment - Judgment on Default
County XX US, Outside State
Terminated 8/30/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags STD, TERMED
Timeline
  Entries (18) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 17 Filed: 8/30/2004, Entered: 8/30/2004 Default -JudgmentCourt Filing
DEFAULT JUDGMENT entered by Judge David G. Campbell granting motion for default judgment against Seth Lowy by pla Guardian Life Ins*; policy #H0378174 issued by Berkshire Life Insurance Company of America to dft Seth Lowy is cancelled and recinded as of the date of its inception and that Lowy is ordered to surrender to pla the original policy and all copies in his possession for cancellation; the policy is null, void, and of no legal force and effect and is uneforceable from its inception; declaring that Lowy has no interest in the Policy from its inception and that neither Berkshire Life Insurance Compan , Guardian Life Insurance Company of America nor BLICOA is responsible for, liable for, or obligated to pay any past present or future claim for benefits asserted by Lowy under the policy [10-1] terminating case as to dft Seth Lowy (cc: all counsel/jgmdrw) (former emp)
LREF
Blank 16 Filed: 7/7/2004, Entered: 7/8/2004 Other Notice
NOTICE by pla Guardian Life Ins of lapse of time (re the application for default judgment as to dft) (former emp)
LREF
Sealed Legal Document 15 Filed: 6/4/2004, Entered: 6/7/2004 Sealed Document +
SEALED notice of filing additional documentary evidence under seal by pla Guardian Life Ins (former emp)
LREF
Blank 14 Filed: 6/4/2004, Entered: 6/7/2004 Status Report
STATUS REPORT pursuant to the Court's order dated 5/20/04 by pla Guardian Life Ins (former emp)
LREF
Blank 13 Filed: 6/4/2004, Entered: 6/7/2004 Other Notice
NOTICE by pla Guardian Life Ins to dft of application for default judgment filed with the Court on 2/4/04 (former emp)
LREF
Blank 12 Filed: 5/25/2004, Entered: 5/25/2004 OrderCourt Filing
ORDER by Judge David G. Campbell: pla shall, on or before 6/4/04, provide the Court with a status report concerning pla's attempts to give notice to dft and other developments, if any, in the litigation; pla shall also address its intentions with respect to the application for default judgment by Court; status report due 6/4/04 (cc: all counsel) (former emp)
LREF
Blank 11 Filed: 3/10/2004, Entered: 3/10/2004, Terminated: 4/8/2004 OrderCourt Filing
ORDER by Judge David G. Campbell: pla shall attempt to give notice to dft that the application has been filed and the Court has entered this order; the notice shall inform dft that the requested judgment shall be entered by the Court if dft has not appeared to oppose the judgment within 20 days of the attempted notice by pla; pla shall notify the Court once 20 days has elapsed and shall submit to the Court any documentary evidence to the Court to consider in addition to the declaration submitted in support of the application; once the Court has received the information from pla and assuming no opposition has been provided by dft, the proposed judgment will most likely be entered by the Court (cc: all counsel) re: order filed [11-1] (former emp) Modified on 03/15/2004
LREF
Blank 10 Filed: 2/4/2004, Entered: 2/5/2004, Terminated: 7/25/2005 Motion for Default Judgment
MOTION for default judgment against Seth Lowy by pla Guardian Life Ins* [10-1] (former emp) Modified on 02/05/2004
LREF
Blank 9 Filed: 1/13/2004, Entered: 1/13/2004 OrderCourt Filing
ORDER by Judge David G. Campbell: to the extent the request to enter judgment is deemed a motion for judgment to be addressed by the Court, it is denied without prejudice; if pla desires to obtain a judgment from the Court, it shall comply with the requirements of Rule 55 and Local Rule 2.18 [7-1]** (cc: all counsel) (former emp)
LREF
Blank 8 Filed: 11/4/2003, Entered: 11/4/2003 Clerks Entry of Default*
DEFAULT ENTERED pursuant to Rule 55(a) of the Fed.R.Civ.P as to dft Seth Lowy** (cc: all counsel) (former emp) Modified on 11/04/2003
LREF
Blank 7 Filed: 10/16/2003, Entered: 11/4/2003 Motion for Default Judgment
REQUEST TO ENTER JUDGEMENT (MOTION) for default judgment against Seth Lowy by pla Guardian Life Ins** [7-1] (former emp) Modified on 11/04/2003
LREF
Blank 7 Filed: 10/16/2003, Entered: 11/4/2003 Application
APPLICATION by pla Guardian Life Ins for default against Seth Lowy** (former emp) Modified on 11/04/2003
LREF
Blank 6 Filed: 9/16/2003, Entered: 9/17/2003 Status Report
STATUS REPORT by pla Guardian Life Ins (former emp)
LREF
Blank 5 Filed: 9/8/2003, Entered: 9/10/2003 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED summons/complaint upon dft Seth Lowy on 9/2/03 in Scottsdale, AZ (DMT)
LREF
Blank 4 Filed: 8/28/2003, Entered: 8/28/2003 Minutes-MiscellaneousCourt Filing
The Court has ORDERED that effective September 15, 2003, the above captioned matter is reassigned to Judge David G. Campbell for all further proceedings. Any hearing, conference, or trial scheduled to be held between 9/15/03 and 9/30/03 is vacated. All other matters remain as scheduled. It is FURTHER ORDERED that counsel review and comply with the attached Instruction from Judge David G. Campbell. All further pleadings and papers filed in this action on or after 9/15/03 should bear the complete case number and judges initials, as shown above. (cc: all counsel/DGC/ EHC) [4-1] (MAP)
LREF
Blank 3 Filed: 8/25/2003, Entered: 8/25/2003 OrderCourt Filing
ORDER by Judge Earl H. Carroll granting motion to extend time, until 9/12/03, to serve dft the summons and complaint by pla Guardian Life Ins [2-1] (cc: all counsel) (former emp)
LREF
Blank 2 Filed: 8/22/2003, Entered: 8/25/2003, Terminated: 8/25/2003 Motion for Extension of Time
MOTION to extend time (an additional 2 weeks) to serve dft the summons and complaint by pla Guardian Life Ins [2-1] (former emp)
LREF
Blank 1 Filed: 4/30/2003, Entered: 5/1/2003 Complaint
COMPLAINT FILED (LSP)
LREF

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