McGinley v. John Hancock Life In, et al

Federal Civil Lawsuit Arizona District Court, Case No. 2:04-cv-00203-JWS
District Judge John W. Sedwick, presiding
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District Judge John W. Sedwick
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Summary

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Parties
No Logo Cendant Corporation, Defendant

Represented by Martin & Bonnett PLLC

Name Phone Fax E-Mail
Space Daniel Lee Bonnett +1 602 240 6900 +1 602 240 2345 dbonnett@martinbonnett.com
Space Jennifer Lynn Kroll +1 602 240 6900 +1 602 240 2345 jkroll@martinbonnett.com
Space Susan Joan Martin +1 602 240 6900 +1 602 240 2345 smartin@martinbonnett.com
No Logo John Hancock Life Insurance Company, Defendant

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
Attributes
Office Phoenix Division
Filed 1/29/2004
Jury Demand None
Demand $0
Nature of Suit 110 - Contract - Insurance
Cause Section 29 U.S.C. § 1001 E.R.I.S.A.
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Maricopa
Terminated 3/21/2005
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case CV2003-024665[Sup Ct Maricopa]
Def Custody Status
Flags STD, TERMED
Timeline
  Entries (58) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 52 Filed: 3/21/2005, Entered: 3/21/2005 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to dismiss case with prejudice each party to bear its own fees and costs by pla, dfts (cc: all counsel) (SRB)
LREF
Blank 51 Filed: 3/15/2005, Entered: 3/21/2005 Stipulation
STIPULATION to dismiss case with prejudice each party to bear its own fees and costs by pla, dfts (SRB)
LREF
Blank 50 Filed: 3/2/2005, Entered: 3/4/2005 Stipulation
STIPULATION(second request) to extend time to answer complaint (amended) [12-1] to and including 3/18/05 by dft Cendant Corporation [50-1] (SRB)
LREF
Blank 49 Filed: 2/14/2005, Entered: 2/14/2005 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time to file amended answer through and including 3/7/05 by dft John Hancock Life In, dft Cendant Corporation (cc: all counsel) (SRB)
LREF
Blank 48 Filed: 1/25/2005, Entered: 1/31/2005 Stipulation
STIPULATION(First Request) to extend time to file amended answer through and including 3/7/05 by dft John Hancock Life In, dft Cendant Corporation (stip signed by dfts only) (SRB)
LREF
Blank 48 Filed: 1/25/2005, Entered: 1/31/2005 Notice of Settlement
NOTICE OF SETTLEMENT filed by dft John Hancock Life In, dft Cendant Corporation ; possible dism ddl set for 3/28/05 (SRB)
LREF
Blank 47 Filed: 12/16/2004, Entered: 12/17/2004 Notice of Deposition
NOTICE by dft John Hancock Life In OF TAKING DEPO OF Gallagher Benefits on the following date(s): 1/5/05 (SRB)
LREF
Blank 46 Filed: 12/14/2004, Entered: 12/14/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation of assignment of pla's claims against John Hancock to Cendant by pla Terry McGinley, dft John Hancock Life In, dft Cendant Corporation; ORDERED that: (i) pla Terry McGinley's claims against John Hancock are hereby assigned to Cendant (the "assigned claims"; (ii) Cendant shall have 60 days from enter of this stipulation to amend its answer to assert claims against John Hancock, which may include, but are not limited to, the assigned claims; (iii) John Hancock shall thereafter have 30 days to respond to any claims asserted by Cendant; (iv) John Hancock may not contest Cendant's standing or jurisdiction to assert the assigned claims, nor may it contest the validity of the assignment; (v) McGinley's claims against Cendant and John Hancock shall be discontinued, and McGinley shall thereafter have no further right to pursue claims, in his own right, against either Cendant or John Hancock; (vi) this Court shall retain jurisdiction over the remaining claims between Cendant and John Hancock, including the assigned claims, and (vii) all previously filed motions shall be deemed with drawn (cc: all counsel/order book) (LAD)
LREF
Blank 45 Filed: 12/13/2004, Entered: 12/13/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time for John Hancock to file a reply to motion to amend answer to complaint [14-1] and file cross-claim by dft John Hancock Life In [31-1] and file cross-claim and response in opposition to Cendant's motion for dismissal of amended complaint without prejudice (until 12/9/04) by dft John Hancock Life In, Cendant Corporation (proposed reply not received at this time; crossclaim is lodged pending ruling on dft Hancock's motion; Cendant's cross-motion for dismissal of amended complaint not received in Docketing) (cc: all counsel) (LAD)
LREF
Blank 44 Filed: 12/10/2004, Entered: 12/13/2004 Stipulation
STIPULATION of assignment of pla's claims against John Hancock to Cendant by pla Terry McGinley, dft John Hancock Life In, dft Cendant Corporation (LAD)
LREF
Blank 43 Filed: 12/9/2004, Entered: 12/10/2004 Response
RESPONSE by dft John Hancock Life In to Cendant's motion for dismissal of the amended complaint without prejudice (not received in Docketing) (LAD)
LREF
Blank 43 Filed: 12/9/2004, Entered: 12/10/2004 Reply to Response to Motion
REPLY by dft John Hancock Life In to response to motion to amend answer to complaint [14-1] and file cross- claim by dft John Hancock Life In [31-1] (proposed amended answer and crossclaim with COPIED signature attached; ORIGINAL proposed amended answer and crossclaim lodged at docket clerk's desk) (LAD)
LREF
Blank 42 Filed: 12/3/2004, Entered: 12/7/2004 Response
RESPONSE by dft Cendant Corporation to notice of objection to stipulation of dismissal without prejudice as to John Hancock and with prejudice as to Cendant Corporation [40-1] (LAD)
LREF
Blank 41 Filed: 12/2/2004, Entered: 12/6/2004 Stipulation
STIPULATION to extend time for John Hancock to file a reply to motion to amend answer to complaint [14-1] and file cross-claim by dft John Hancock Life In [31-1] and file cross-claim and response in opposition to Cendant's motion for dismissal of amended complaint without prejudice (until 12/9/04) by dft John Hancock Life In, Cendant Corporation (proposed reply not received at this time; crossclaim is lodged pending ruling on dft Hancock's motion; Cendant's cross-motion for dismissal of amended complaint not received in Docketing) (LAD)
LREF
Blank 40 Filed: 11/24/2004, Entered: 11/30/2004 Other Notice
NOTICE by dft John Hancock Life In of objection to stipulation to dismissal without prejudice as to John Hancock and with prejudice as to Cendant Corporation (LAD)
LREF
Blank 39 Filed: 11/23/2004, Entered: 11/23/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time to file response to motion to amend answer to complaint [14-1] and file cross- claim by dft John Hancock Life In [31-1] (to and including 11/19/04) (proposed amended answer and crossclaim with COPIED signature attached; ORIGINAL amended answer and crossclaim lodged at docket clerk's [31-1] by dft John Hancock Life In, dft Cendant (proposed response not provided) (cc: all counsel) (LAD)
LREF
Blank 38 Filed: 11/19/2004, Entered: 11/23/2004 Declaration
DECLARATION of Tracey Rogers re response to motion to amend [37-1], re memorandum in support of motion to dismiss [37-1] (motion not in docketing) by dft Cendant Corporation (LAD)
LREF
Blank 37 Filed: 11/19/2004, Entered: 11/23/2004 Memorandum
MEMORANDUM IN SUPPORT by dft Cendant Corporation of of Cendant's cross motion for dismissal of the amended complaint without prejudice (motion not received in Docketing) (LAD)
LREF
Blank 37 Filed: 11/19/2004, Entered: 11/23/2004 Response to Motion
RESPONSE (MEMO IN OPPOSITION) by dft Cendant Corporation to motion to amend answer to complaint [14-1] and file cross- claim by dft Hancock Life In [31-1] (proposed amended answer and crossclaim with COPIED signature attached; ORIGINAL amended answer and crossclaim lodged at docket clerk's (LAD)
LREF
Blank 36 Filed: 11/19/2004, Entered: 11/23/2004 Stipulation
STIPULATION to dismiss case without prejudice as to John Hancock and with prejudice as to Cendant Corporation by pla Terry McGinley, dft John Hancock Life In, dft Cendant Corporation (LAD)
LREF
Blank 35 Filed: 11/12/2004, Entered: 11/17/2004 Stipulation
STIPULATION to extend time to file response to motion to amend answer to complaint [14-1] and file cross- claim by dft John Hancock Life In [31-1] (to and including 11/19/04) (proposed amended answer and crossclaim with COPIED signature attached; ORIGINAL amended answer and crossclaim lodged at docket clerk's [31-1] by dft John Hancock Life In, dft Cendant (proposed response not provided) (LAD)
LREF
Blank 34 Filed: 11/4/2004, Entered: 11/5/2004 Notice of Deposition
NOTICE by dft John Hancock Life In OF TAKING DEPO OF Custodian of Records, Kooper Group, on the following date(s): 11/29/04 at 10 am (LAD)
LREF
Blank 33 Filed: 11/4/2004, Entered: 11/5/2004 Notice of Deposition
NOTICE by dft John Hancock Life In OF TAKING DEPO OF Custodian of Records, Hartford Life Insurance Company, on the following date(s): 11/29/04 at 10 am (LAD)
LREF
Blank 32 Filed: 10/29/2004, Entered: 11/1/2004 Notice of Settlement
NOTICE OF SETTLEMENT filed by pla Terry McGinley, dft Cendant Corporation ; possible dism ddl set for 12/28/04 (KCS)
LREF
Blank 31 Filed: 10/28/2004, Entered: 10/29/2004 Motion to Amend/Correct
MOTION to amend answer to complaint [14-1] and file cross- claim by dft John Hancock Life In [31-1] (proposed amended answer and crossclaim with COPIED signature attached; ORIGINAL proposed amended answer and crossclaim lodged at docket clerk's desk) (LAD) Modified on 10/29/2004
LREF
Blank -- Filed: 10/28/2004, Entered: 10/29/2004 Lodged Document
LODGED proposed amended answer and crossclaim by dft John Hancock Life In (LAD)
LREF
Blank 30 Filed: 10/25/2004, Entered: 10/26/2004 Other Notice
NOTICE by dft John Hancock Life In of change of firm name (to Kunz Plitt Hyland Demlong & Kleifield - name already updated in ICMS) (LAD)
LREF
Blank 29 Filed: 10/7/2004, Entered: 10/7/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time to file response to motion for judgment on the pleadings as to Defendant Cendant Corp only by pla Terry McGinley [26-1] (through and including 10/29/04) by pla Terry McGinley, dft Cendant Corporation (proposed response not provided) (cc: all counsel) (LAD)
LREF
Blank 28 Filed: 9/30/2004, Entered: 10/1/2004 Stipulation
STIPULATION to extend time to file response to motion for judgment on the pleadings as to Defendant Cendant Corp only by pla Terry McGinley [26-1] (through and including 10/29/04) by pla Terry McGinley, dft Cendant Corporation (proposed response not provided) (LAD)
LREF
Blank -- Filed: 9/22/2004, Entered: 9/22/2004 Miscellaneous Document
NOTICE of removal from Arbitration (MAP)
LREF
Blank 27 Filed: 9/21/2004, Entered: 9/21/2004 Minute Order - Miscellaneous
MINUTE ORDER a notice of withdrawal from arbitration having been received, counsel/parties are advised that this case is returned to the regular civil docket of the Honorable John W. Sedwick for all further proceedings. (cc: all counsel/JWS) [27-1] re: order (minute) [27-1] (MAP)
LREF
Blank -- Filed: 9/20/2004, Entered: 9/21/2004 Miscellaneous Document
NOTICE of removal from Arbitration (MAP)
LREF
Blank 26 Filed: 9/14/2004, Entered: 9/17/2004, Terminated: 10/7/2004 Motion for Judgment
MOTION for judgment on the pleadings as to Defendant Cendant Corp only by pla Terry McGinley [26-1] (LSP)
LREF
Blank 25 Filed: 8/30/2004, Entered: 8/30/2004 ADR-Miscellaneous
NOTICE: this case referred to Arbitration; removal from arbitration due 9/20/04 ; 180 day arbitration ddl set for 2/28/05 (cc: all counsel/JWS) (MAP)
LREF
Blank 24 Filed: 8/23/2004, Entered: 8/24/2004 Corporate Disclosure Statement
CORPORATE DISCLOSURE STATEMENT by dft Cendant Corporation (LAD)
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Blank 23 Filed: 8/23/2004, Entered: 8/24/2004 Answer
ANSWER to complaint (amended) [12-1] by dft Cendant Corporation (LAD)
LREF
Blank 22 Filed: 8/13/2004, Entered: 8/13/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time to answer complaint (amended) [12-1] (to 8/23/04) by pla Terry McGinley, dft Cendant Corporation [21-1] (proposed responsive pleading not provided) (cc: all counsel) (LAD)
LREF
Blank 21 Filed: 8/5/2004, Entered: 8/9/2004 Stipulation
STIPULATION to extend time to answer complaint (amended) [12-1] (to 8/23/04) by pla Terry McGinley, dft Cendant Corporation [21-1] (proposed responsive pleading not provided) (LAD)
LREF
Blank 20 Filed: 7/21/2004, Entered: 7/21/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time to answer complaint (amended) [12-1] (to 8/6/04) by pla Terry McGinley, dft Cendant Corporation [19-1] (no proposed document) (cc: all counsel) (LAD)
LREF
Blank 19 Filed: 7/15/2004, Entered: 7/16/2004 Stipulation
STIPULATION to extend time to answer complaint (amended) [12-1] (to 8/6/04) by pla Terry McGinley, dft Cendant Corporation [19-1] (no proposed document) (LAD)
LREF
Blank 18 Filed: 6/22/2004, Entered: 6/24/2004 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED summons/complaint upon dft Cendant Corporation by certified mail in Wilmington, DE on (date unreadable) (LAD)
LREF
Blank 17 Filed: 6/21/2004, Entered: 6/21/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time to answer complaint (amended) [12-1] (to 7/16/04) by pla Terry McGinley, dft Cendant Corporation [16-1] (no proposed document) (cc: all counsel) (LAD)
LREF
Blank 16 Filed: 6/15/2004, Entered: 6/16/2004 Stipulation
STIPULATION to extend time to answer complaint (amended) [12-1] (to 7/16/04) by pla Terry McGinley, dft Cendant Corporation [16-1] (no proposed document) (1st request) (LAD)
LREF
Blank 15 Filed: 6/15/2004, Entered: 6/16/2004 Notice of Appearance
ATTORNEY APPEARANCE for dft Cendant Corporation by Susan Joan Martin, Daniel Lee Bonnett (LAD)
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Blank 14 Filed: 4/16/2004, Entered: 4/21/2004, Terminated: 11/23/2004 Answer
ANSWER to complaint (amended) [12-1] by dft John Hancock Life In (LAD)
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Blank 13 Filed: 4/8/2004, Entered: 4/8/2004 Minute Order - Miscellaneous
MINUTE ORDER denying as moot the motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft John Hancock Life In [2-1] (cc: all counsel) [13-1] (LAD)
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Blank 12 Filed: 3/29/2004, Entered: 3/30/2004, Terminated: 6/21/2004 Amended Complaint
AMENDED COMPLAINT by pla; [1-2] ;adding dft Cendant Corporation (SAT)
LREF
Blank 11 Filed: 3/26/2004, Entered: 3/26/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to amend complaint [1-2] by pla Terry McGinley, dft John Hancock Life In (UNSIGNED proposed amended complaint attached); pla did not lodge a signed complaint so the original shall be filed not later than 4/19/04 (cc: all counsel) (LAD)
LREF
Blank 10 Filed: 3/19/2004, Entered: 3/23/2004 Stipulation
STIPULATION to amend complaint [1-2] by pla Terry McGinley, dft John Hancock Life In (UNSIGNED proposed amended complaint attached) (LAD)
LREF
Blank 9 Filed: 3/8/2004, Entered: 3/8/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time to respond motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft John Hancock Life In [2-1] (until 3/16/04) by pla Terry McGinley, dft John Hancock Life In (proposed response not provided) (cc: all counsel) (LAD)
LREF
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Blank 8 Filed: 3/8/2004, Entered: 3/8/2004 OrderCourt Filing
ORDER Basic Procedures and Modification to Local Rules by Judge John W. Sedwick (cc: all counsel) re: order filed [8-1] (LAD)
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Blank 7 Filed: 3/2/2004, Entered: 3/2/2004 OrderCourt Filing
ORDER by Judge John W. Sedwick granting stipulation to extend time to respond to motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft John Hancock Life In [2-1] (until 3/1/04) by pla Terry McGinley, dft John Hancock Life In (proposed response not provided) (cc: all counsel) (LAD)
LREF
Blank 6 Filed: 3/1/2004, Entered: 3/2/2004 Stipulation
STIPULATION to extend time to respond motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft John Hancock Life In [2-1] (until 3/16/04) by pla Terry McGinley, dft John Hancock Life In (proposed response not provided) (LAD)
LREF
Blank 5 Filed: 2/23/2004, Entered: 2/26/2004 Stipulation
STIPULATION to extend time to respond to motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft John Hancock Life In [2-1] (until 3/1/04) by pla Terry McGinley, dft John Hancock Life In (proposed response not provided) (LAD)
LREF
Blank 4 Filed: 2/6/2004, Entered: 2/11/2004 Corporate Disclosure Statement
CORPORATE DISCLOSURE STATEMENT by dft John Hancock Life In (LAD)
LREF
Blank 3 Filed: 2/5/2004, Entered: 2/10/2004 Statement
STATEMENT OF FACTS by dft John Hancock Life In re motion to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft John Hancock Life In [2-1] (LAD)
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Blank 2 Filed: 2/5/2004, Entered: 2/10/2004, Terminated: 3/2/2004 Motion to Dismiss
MOTION to dismiss complaint (for failure to state a claim upon which relief can be granted) by dft John Hancock Life In [2-1] (LAD)
LREF
Blank 1 Filed: 1/29/2004, Entered: 1/30/2004 ADR-Miscellaneous
NOTICE of removal from Maricopa County Superior Court; Court Number: CV2003-024665. (summons/complaint) Considered for possible arbitration. (MRB)
LREF

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