Case Details

CourtCentral District of California
Docket number2:04-ml-01610
Date case filed2004-06-28
Date case closed2007-07-03
Date of latest filing
Assigned toJudge A. Howard Matz
Case cause28:1332 Diversity-Other Contract
Nature of suit190 Contract: Other
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: Conseco Life Insurance Company Cost of Insurance Litigation
Party type: In Re
Attorney name: Brent L Caslin
Attorney Contact:
Kirkland and Ellis
777 S Figueroa Street Ste 3700
Los Angeles, CA 90017
213-680-8400
Fax: 213-680-8500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Pat A Cipollone
Attorney Contact:
Kirkland and Ellis LLP
655 15th Street NW
Washington, DC 20005
202-879-5000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn Eileen Bladow
Attorney Contact:
Kirkland & Ellis LLP
333 S. Hope Street
Los Angeles, CA 90071
213-680-8400
Fax: 213-680-8500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy G Majors
Attorney Contact:
Kirkland & Ellis
777 S Figueroa St, Ste 3700
Los Angeles, CA 90017
213-680-8400
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Gomer
Party type: Plaintiff
Attorney name: Timothy Patrick Dillon
Attorney Contact:
Law Offices of Timothy P Dillon
1925 Century Park East Suite 1700
Los Angeles, CA 90067
310-553-9400
Fax: 310-553-9405
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Steven Rose
Party type: Plaintiff
Dr
TERMINATED: 08/25/2004
Attorney name: Andrew S Friedman
Attorney Contact:
Bonnett Fairbourn Friedman & Balint PC
2901 North Central Avenue Suite 1000
Phoenix, AZ 85012-3311
602-274-1100
Fax: 602-798-5860
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Blake M Harper
Attorney Contact:
Hulett Harper Stewart LLP
225 Broadway
Suite 1350
San Diego, CA 92101
619-338-1133
Fax: 619-338-1139
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Edwin Jacob Garn
Party type: Plaintiff
Senator
Attorney name: Andrew S Friedman
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Blake M Harper
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy Patrick Dillon
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: David Barton
Party type: Plaintiff
Attorney name: Christopher Casper
Attorney Contact:
James Hoyer Newcomer & Smiljanich
1 Urban Centre
4830 W Kennedy Blvd, Ste 550
Tampa, FL 33609
813-286-4100
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John J Stoia , Jr
Attorney Contact:
Coughlin Stoia Geller Rudman and Robbins LLP
655 West Broadway Suite 1900
San Diego, CA 92101
619-231-1058
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John A Yanchunis
Attorney Contact:
Morgan and Morgan PA
201 North Franklin Street 7th Floor
Tampa, FL 33602
813-233-5505
Fax: 813-223-5402
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy Patrick Dillon
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Glucksman
Party type: Plaintiff
Attorney name: Leigh R Lasky
Attorney Contact:
Lasky & Rifkind
351 West Hubbard Street, Suite 406
Chicago, IL 60610
312-634-0057
TERMINATED: 08/22/2007 LEAD ATTORNEY

Attorney name: Norman Rifkind
Attorney Contact:
Lasky & Rifkind
351 W Hubbard St, Suite 406
Chicago, IL 60610
312-634-0057
TERMINATED: 08/22/2007 LEAD ATTORNEY

Attorney name: Timothy Patrick Dillon
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: King
Party type: Plaintiff
Attorney name: Bert S Sakuda
Attorney Contact:
Cronin Fried Sekiya Kekina and Fairbanks
841 Bishop Street, Suite 600
Honolulu, HW 96813
808-524-1433
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Blake A Dickson
Attorney Contact:
Schiff and Dickson
Standard Building
1370 Ontario Street, 6th Floor
Cleveland, OH 44113-1752
216-621-7743
TERMINATED: 05/19/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Marvin H Schiff
Attorney Contact:
Schiff and Dickson
Standard Building
1370 Ontario Street, Suite 330
Cleveland, OH 44113-1708
216-621-7743
TERMINATED: 01/10/2010 LEAD ATTORNEY

Attorney name: Robert R Sparks
Attorney Contact:
Parry Deering Futscher and Sparks
411 Garrard Street
P O Box 2618
Covington, KY 41012-2618
859-291-9000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ron Parry
Attorney Contact:
Parry Deering Futscher and Sparks
411 Garrard St
P O Box 2618
Covington, KY 41012-2618
859-291-9000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy Patrick Dillon
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Michael S Kuhn
Party type: Plaintiff
Attorney name: Timothy Patrick Dillon
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Dan Frankel
Party type: Plaintiff
National class member
Attorney name: Bruce I. Favish
Attorney Contact:
COPPENRATH FAVISH LLP
10153-1/2 Riverside Dr.
Suite 212
Toluca Lake, CA 91602-2561
310-573-7822
Fax: 310-573-7823
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David B Rodes
Attorney Contact:
Goldberg Persky and White
1030 Fifth Avenue
Pittsburgh, PA 15219
412-471-3980
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Howard M Louik
Attorney Contact:
Howard M Louik Law Offices
1030 Fifth Avenue
Pittsburgh, PA 15219
412-471-3980
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy Patrick Dillon
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Edward M Medvene
Party type: Plaintiff
TERMINATED: 11/27/2006
Attorney name: Nicole L Harris
Attorney Contact:
Mitchell Silberberg and Knupp
11377 West Olympic Boulevard
Los Angeles, CA 90064-1683
310-312-2000
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Miles Rubin
Party type: Plaintiff
TERMINATED: 11/27/2006
Attorney name: Nicole L Harris
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sherwin Samuels
Party type: Plaintiff
TERMINATED: 11/27/2006
Attorney name: Nicole L Harris
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Gerald Stone
Party type: Plaintiff
Party: Alfonso Tamayo
Party type: Plaintiff
Party: MD Leslie C Garland
Party type: Plaintiff
Attorney name: Christian J Garris
Attorney Contact:
Christian J Garris Law Offices
633 West Fifth Street 28th Fl
Los Angeles, CA 90017
213-624-2900
Fax: 213-624-2901
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Lesllie C Garland Irrevocable Trust
Party type: Plaintiff
Attorney name: Christian J Garris
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Arnold I Levy
Party type: Plaintiff
Party: Pricewaterhouse Coopers LLP
Party type: Movant
Attorney name: Jeremy Glenn Suiter
Attorney Contact:
Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
949-725-400
Email: [email protected]
TERMINATED: 10/26/2007 LEAD ATTORNEY

Attorney name: Peter Wheaton Devereaux
Attorney Contact:
Latham and Watkins LLP
355 South Grand Avenue
Los Angeles, CA 90071-1560
213-485-1234
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Clifford S Arakaki
Party type: Movant
Attorney name: Mark S Davis
Attorney Contact:
Davis Levin Livingston Grande
851 Fort Street, Suite 400
Honolulu, HI 96813-4317
808-524-7500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: AE Ventures
Party type: Movant
Attorney name: Mark S Davis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Alfonso Tamayo
Party type: Intervenor Plaintiff
TERMINATED: 08/23/2006
Attorney name: Michael McShane
Attorney Contact:
Audet and Partners LLP
221 Main Street Suite 1460
San Francisco, CA 94105
415-568-2555
Fax: 415-568-2556
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William M Audet
Attorney Contact:
Audet & Partners, LLP
221 Main Street, Suite 1460
San Francisco, CA 94105
415-982-1776
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Gerald Stone
Party type: Intervenor Plaintiff
TERMINATED: 08/23/2006
Attorney name: Michael McShane
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William M Audet
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Eddie Parrott
Party type: Intervenor Plaintiff
Party: Rachel Glaser
Party type: Intervenor Plaintiff
Party: Kurt W Meclchior
Party type: Intervenor Plaintiff
Party: Conseco Life Insurance Company
Party type: Defendant
Attorney name: Andrew A Kassof
Attorney Contact:
Kirkland & Ellis
200 E Randolph Dr, 54th Fl
Chicago, IL 60601-6636
312-861-2000
Fax: 312-861-2200
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Anup Sathy
Attorney Contact:
Kirkland and Ellis
200 East Randolph Drive
Chicago, IL 60601
312-861-2000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brent L Caslin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Gillian N Rattray
Attorney Contact:
Kirkland & Ellis
777 S Figueroa St, Ste 3700
Los Angeles, CA 90017
213-680-8400
TERMINATED: 01/18/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James H M Sprayregen
Attorney Contact:
Kirkland and Ellis
200 East Randoph Drive
Chicago, IL 60601
312-861-2000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: John T Hickey , Jr
Attorney Contact:
Kirkland & Ellis LLP
300 North LaSalle
Chicago, IL 60654
312-862-2000
Fax: 312-862-2200
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Kevin T Van Wart
Attorney Contact:
Kirkland & Ellis
200 E Randolph Dr
Chicago, IL 60601
312-861-2000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael S McCauley
Attorney Contact:
Kirkland and Ellis
555 S. Flower Street
Los Angeles, CA 90071
213 489 3939
Fax: 213 243 2539
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Pat A Cipollone
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert D Phillips , Jr
Attorney Contact:
Reed Smith LLP
355 South Grand Avenue Suite 2900
Los Angeles, CA 90071
213-457-8000
Fax: 213-457-8080
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robyn Eileen Bladow
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Roger J Higgins
Attorney Contact:
Kirkland and Ellis
200 East Randolph Drive
Chicago, IL 60601
312-861-2000
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy G Majors
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy Patrick Dillon
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Vessie Felton
Party type: Objector
Party: Judith A Levine
Party type: Intervenor
Attorney name: David Jude Gallo
Attorney Contact:
David J Gallo Law Offices
12702 Via Cortina Ste 500
Del Mar, CA 92014
858-509-3652
Fax: 858-509-3717
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sidney H Levine
Party type: Intervenor
Attorney name: David Jude Gallo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Stephen Hook
Party type: Intervenor
Attorney name: Brian R Strange
Attorney Contact:
Strange and Carpenter
12100 Wilshire Boulevard Suite 1900
Los Angeles, CA 90025
310-207-5055
Fax: 310-826-3210
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Kurt W Melchior
Party type: Intervenor

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12004-06-28 TRANSFER ORDER - It is ordered that pursuant to 28 USC Section 1407, the actions pending outside the Central District of California are transferred to the Central District of California and with the consent of that Court, assigned to the Honorable A Howard Matz for coordinated or consolidated pretrial proceedings with the action pending in that district.(jag, ) (Entered: 07/01/2004)
22004-07-30 NOTICE of Change of Address for Attorney for Plaintiffs in Gomer Action changing Address to LAW OFFICES OF TIMOTHY P. DILLON 361 Forest Avenue Suite 205 Laguna Beach, CA 92651. Filed by Plaintiffs in Gomer Action (dw, ) (Entered: 08/02/2004)
32004-07-30 NOTICE OF MOTION AND MOTION for Appointment of Interim Counsel filed by Plaintiffs in Gomer Action Motion set for hearing on 8/23/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Order. (dw, ) (Entered: 08/02/2004)
42004-07-30 MEMORANDUM of Points and Authorities in Support of MOTION for Appointment of Counsel 3 filed by Plaintiffs in Gomer Action (dw, ) (Entered: 08/02/2004)
52004-07-30 DECLARATION of William M Shernoff in Support of MOTION for Appointment of Interim Counsel 3 filed by Plaintiffs in Gomer Action (dw, ) (Entered: 08/02/2004)
62004-07-20 NOTICE OF MOTION AND MOTION to Appoint Co-Lead and Interim Class Counsel and for Entry of Pre-Trial Order No. 1 filed by Plaintiff Motion set for hearing on 8/23/2004 at 10:00 AM before Honorable A. Howard Matz. filed by Plaintiff Jacob "Jake" Garn Lodged order. (re: cv 04-846; cv 04-4655 and cv 04-4656)(pbap, ). (Entered: 08/02/2004)
72004-07-30 DECLARATION of Timothy P Dillon in Support of Motion of Plaintiffs in Gomer Action for Appointment of Interim Class Counsel 6 filed by Plaintiffs in Gomer Action (dw, ) (Entered: 08/02/2004)
82004-07-20 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Appoint Co-Lead and Interim Class Counsel and for Entry of Pre-Trial Order No. 1 6 filed by Plaintiff Garn. (pbap, ) (Entered: 08/02/2004)
92004-07-20 DECLARATION of Andrew S. Friedman and Blake M. Harper in Support of MOTION to Appoint Co-Lead and Interim Class Counsel and for Entry of Pre-Trial Order No. 1 6 filed by Plaintiff Garn. (pbap, ) (Entered: 08/02/2004)
102004-08-06 STATEMENT OF NON-OPPOSITION by Plaintiff in the Farley Action to MOTION for Appointment of Interim Counsel 3 filed by Plaintiff. (pbap, ) (Entered: 08/11/2004)
112004-08-09 SENATOR GARN'S OPPOSITION to MOTION of Plaintiff's in the Gomer Action for Appointment of Interim Counsel 3 filed by Plaintiff Edwin Jacob "Jacke" Garn. (pbap, ) (Entered: 08/11/2004)
122004-08-03 STATEMENT Regarding Appointment of Lead and Interim Class Counsel and Pre-Trial Orders 3 , 6 filed by defendant Conseco Life Insurance Company. (gk, ) (Entered: 08/11/2004)
132004-08-09 MEMORANDUM in Support of Motion of Gomer Plaintiffs for Appointment of Interim Class Counsel 3 filed by Plaintiffs in Druckman Action [CV 04-03031 DT (VBKx)]. (gk, ) (Entered: 08/12/2004)
142004-08-09 RESPONSE to Plaintiff Garn's Motion to Appoint Co-Lead and Interim Class Counsel and for Entry of Pre-Trial Order No. 1 6 filed by Plaintiffs Edward M. Medvene, and Sherwin Samuels, and Miles Rubin, as Trustees. (gk, ) (Entered: 08/12/2004)
152004-08-09 MEMORANDUM OF POINTS AND AUTHORITIES in Support of [Proposed] Case Management Order No. 1 and in Opposition to PLaintiff Garn's Motion 6 filed by Plaintiffs Herbert F. Bobman and Mark S. Benjamin. (gk, ) (Entered: 08/12/2004)
162004-08-09 DECLARATION of Jeff S. Westerman in Support of Motion for Entry of [Proposed] Case Management Order No. 1 and in Opposition to PLaintiff Garn's Motion 6 filed by Plaintiffs Herbert F. Bobman and Mark S. Benjamin. (gk, ) (Entered: 08/12/2004)
172004-08-12 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Andrew S. Friedman for Plaintiffs Senator Edwin Jacob Garn and Dr. Steven Rose, designating Blake M. Harper as local counsel. Fee PAID. Approved by Judge A. Howard Matz.(gk, ) (Entered: 08/13/2004)
182004-08-13 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz, ORDERING Notice of Motion, Memorandum, Declaration, Notice of Interested Parties submitted by Plaintiff David Barton received on 8/9/2004 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(gk, ) (Entered: 08/13/2004)
192004-08-09 NOTICE OF MOTION AND CROSS-MOTION for Appointment of James Hoyer Firm as Lead and Interim Class Counsel filed by plaintiff David Barton; Motion set for hearing on 8/23/2004 at 10:00 AM before Honorable A. Howard Matz. (gk, ) (Entered: 08/13/2004)
202004-08-09 MEMORANDUM in Opposition to Competing Motions for Appointment of Lead Counsel (Garn) 6 , (Gomer) 3 filed by plaintiff David Barton and in Support of Appointment of James Hoyer Firm as Lead and Interim Class Counsel 19 . (gk, ) (Entered: 08/13/2004)
212004-08-09 DECLARATION of John A. Yanchunis in Support of Appointment of James Hoyer Firm as Lead and Interim Class Counsel 19 filed by plaintiff David Barton. (gk, ) (Entered: 08/13/2004)
222004-08-09 NOTICE of Interested Parties filed by Plaintiff David Barton. (gk, ) (Entered: 08/13/2004)
232004-08-09 MEMORANDUM of Points and Authorities in Support of Motion of Plaintiffs in Gomer Action for Appointment of Interim Lead Counsel for Putative Class 3 filed by Plaintiffs in Glucksman Action. (gk, ) (Entered: 08/17/2004)
242004-08-09 POSITION of Plaintiff Donald King With Respect to the Organization of Class Counsel 3 , 6 , 19 filed by Plaintiffs in King Action. (gk, ) (Entered: 08/17/2004)
252004-08-18 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Kevin T. Van Wart for defendant Conseco Life Insurance Company, designating Michael S. McCauley as local counsel. Fee PAID. Approved by Judge A. Howard Matz.(gk, ) (Entered: 08/19/2004)
262004-08-18 STIPULATION EXTENDING CONSECO LIFE INSURANCE COMPANY'S TIME TO FILE A RESPONSIVE PLEADING AND ORDER by Judge A. Howard Matz: IT IS SO ORDERED that Defendant Conseco Life Insurance shall have until and including 9/24/04 to answer or otherwise respond to Plaintiff's Complaint.(dw, ) (Entered: 08/19/2004)
272004-08-18 NOTICE OF MOTION AND MOTION for Entry of a Discovery Coordination Order filed by defendant Conseco Life Insurance Company; Motion set for hearing on 9/13/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order. (gk, ) (Entered: 08/19/2004)
282004-08-18 MEMORANDUM in Support of its Motion for Entry of a Discovery Coordination Order 27 filed by defendant Conseco Life Insurance Company. (gk, ) (Entered: 08/19/2004)
292004-08-18 NOTICE OF MOTION AND MOTION for Entry of a Case Management Order No. 1 filed by Defendant Conseco Life Insurance Company. Motion set for hearing on 9/13/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Order. (dw, ) (Entered: 08/23/2004)
302004-08-18 MEMORANDUM in Support of Its MOTION for Entry of A Case Management Order No. 1 29 filed by Defendant Conseco Life Insurance Company. (dw, ) (Entered: 08/23/2004)
312004-08-18 PROOF OF SERVICE Re: MOTION for Order 29 filed by Defendant Conseco Life Insurance Company. (See document for additional documents served) (dw, ) (Entered: 08/23/2004)
322004-08-20 MOTION to Join Plaintiff Garn's Motion to Appoint Co-Lead and Interim Class Counsel in 6 MOTION for Appointment of Counsel filed by Plaintiff Motion set for hearing on 8/23/2004 at 10:00 AM before Honorable A. Howard Matz. (dw, ) (Entered: 08/23/2004)
332004-08-16 MEMORANDUM in Further Support of Plaintiffs [Proposed] Case Management Order No. 1 and in Response to Competing Motions 6 filed by plaintiffs Herbert F. Bobman and Mark S. Benjamin. (gk, ) (Entered: 08/23/2004)
342004-08-16 REPLY MEMORANDUM in Support of Motion to Appoint Co-Lead and Interim Class Counsel 6 filed by plaintiff Senator Edwin Jacob Garn. (gk, ) (Entered: 08/23/2004)
352004-08-16 DECLARATION of Timothy P. Dillon in Further Support of Motion for Appointment of Interim Class Counsel 3 filed by Plaintiffs in the Gomer Action. (gk, ) (Entered: 08/23/2004)
362004-08-18 STATEMENT Regarding the Medvene Plaintiff's Response to Plaintiff's Response to Plaintiff Garn's Motion to Appoint Lead Class Counsel and For Entry of Pre-trial Order No. 1 32 filed by Defendant Conseco Life Insurance Company. (This Case Relates to CV04-00846 AHM (MCx)(dw, ) (Entered: 08/24/2004)
372004-08-18 DECLARATION of Michael S McCauley In Support of Defendant Conseco Life Insurance Company's Statement Regarding The Medvene Plaintiffs' Response to Plaintiff Garn's MOTION to Appoint Lead Class Counsel and For Entry of Pretrial Order No. 1 6 filed by Defendant Conseco Life Insurance Company. (dw, ) (Entered: 08/24/2004)
382004-08-23 MINUTES OF PROCEEDINGS: before Judge A. Howard Matz : Cause called; appearances made. Court circulates tentative order entitled Case Management Order No. 1 and Order Appointing Lead Counsel and hears oral argument. As a result of the parties' recent stipulation for the appointment of co-lead counsel, the Court deems the motions above [3,6, 19],(listed herein) are WITHDRAWN. Written Order to issue. The Court also denies individual plaintiff Medvene's oral request to be placed on the executive committee. In light of the Court having granted defendant an extension of time to respond to the plaintiff Bobman complaint, the Court authorizes defendant not to file any response to any of the outstanding complaints until the consolidated amended complaint is filed.Court Reporter: Leslie King. **see document for further details** (pbap, ) (pbap, ) (Entered: 08/25/2004)
392004-08-24 CASE MANAGEMENT ORDER NO. 1 AND ORDER APPOINTING LEAD COUNSEL by Judge A. Howard Matz: A copy of this Order shall be filed in each case listed in Appendix A. Andrew S. Friedman of Bonnett, Fairbourn, Friedman & Balint PC and Timothy P Dillon of Law Offices of Timothy P Dillon Co-Lead Counsel are appointed as Co-Lead Counsel and Intermim Class Counsel to act on behalf of the Plaintiffs and the proposed class of policyholders in these consolidated actions. (See document for further information) (Related to Motion 29 )(dw, ) (Entered: 08/26/2004)
402004-08-20 VERIFIED APPLICATION of attorney Roger B. Greenberg for Admission to Appear as Counsel Pro Hac Vice for plaintiff Wayne Clark, Trustee of the Clark 1982 Life Insurance Trust. (gk, ) (Entered: 08/26/2004)
412004-08-25 STIPULATION AND ORDER TO REMAND by Judge A. Howard Matz. ORDERED that the action titled Rose v Conseco Life Ins. Co, No. 04-CV-0810-DMS(JFS) (S.D.Cal.) or CV 04-6689-AHM(Mcx) (C.D.Cal.), is remanded to California Superior Court for the County of San Diego based on the terms and conditions set forth in the above Stipulation entered in to by the parties.(pbap, ) (Entered: 08/26/2004)
422004-08-25 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 08/23/04, Court Reporter: Leslie A. King. (wdc, ) (Entered: 08/30/2004)
432004-08-25 TRANSCRIPT filed for proceedings held on 08/23/04. Court Reporter: Leslie A. King. (wdc, ) (Entered: 08/30/2004)
442004-08-30 EX PARTE APPLICATION for Leave to Appear Telephonically at hearing on motion by Defendant, Conseco Life Insurance Company, for Entry of Discovery Coordination Order; Supporting Declaration of David J. Gallo, Esq. filed by Intervenors Judith A Levine, Sidney H Levine. (pbap, ) (Entered: 09/01/2004)
452004-08-30 MEMORANDUM in Support of EX PARTE APPLICATION for Leave to Appear Telephonically at hearing on motion by Defendant, Conseco Life Insurance Company, for Entry of Discovery Coordination Order 44 filed by Intervenors Judith A Levine, Sidney H Levine. (pbap, ) (Entered: 09/01/2004)
462004-08-30 EX PARTE APPLICATION for Leave to Intervene for Limited Purpose of Responding to Motion by Defendant, Conseco Life Insurance Company, for Entry of Discovery Coordination order; Supporting Declaration of David J. Gallo, Esq. filed by Intervenors Judith A Levine, Sidney H Levine. (pbap, ) (Entered: 09/01/2004)
472004-08-30 MEMORANDUM in Support of EX PARTE APPLICATION for Leave to Intervene for Limited Purpose of Responding to Motion by Defendant, Conseco Life Insurance Company, for Entry of Discovery Coordination order 46 ; Supporting Declaration of David J. Gallo, Esq filed by Intervenors Judith A Levine, Sidney H Levine. (pbap, ) (Entered: 09/01/2004)
482004-08-30 PROOF OF SERVICE of Specified Filing by Dr. Sidney H. Levine and Mrs. Judith A. Levine in Re: Motion 27 by Defendant, Conseco Life Insurance Company, for Entry of Discovery Coordination Order filed by Intervenors Judith A Levine, Sidney H Levine.(pbap, ) (Entered: 09/01/2004)
492004-08-31 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Ex parte application for leave to intervene; Memorandum in Support; proposed order submitted by Intervenor Parties Judith A Levine, Sidney H Levine received on 8/30/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(pbap, ). (Entered: 09/01/2004)
502004-09-01 ORDER AUTHORIZING INTERVENTION BY DR SIDNEY H. LEVINE AND MRS JUDITH A LEVINE FOR LIMITED PURPOSE OF RESPONDING TO MOTION BY DEFENDANT CONSECO LIFE INSURANCE COMPANY FOR ENTRY OF DISCOVERY COORDINATION ORDER by Judge A. Howard Matz: The Court has found said Application should be granted. IT IS THEREFORE ORDERED that the Levines shall be and hereby are permitted to intervene in the above-captioned civil action but only for the purpose of responding to the Motion by Defendant Conseco Life Insurance Company for Entry of Discovery Coordination Order; IT IS FURTHER ORDERED that the Levine's proposed Memorandum in Opposition to Motion by Defendant Conseco Life Insurance Company for Entry of Discovery Coordination Order shall be and hereby is ordered filed herein.(Related to 46 Ex Parte Application for Leave)(This document pertains to ALL ACTIONS) (dw, ) (Entered: 09/02/2004)
512004-09-01 ORDER AUTHORIZING TELEPHONIC APPEARANCE ON BEHALF OF LEVINES AT HEARING ON MOTION BY DEFENDANT CONSECO LIFE INSURANCE COMPANY FOR ENTRY OF DISCOVERY COORDINATION ORDER by Judge A. Howard Matz: IT IS THEREFORE ORDERED that the Levines shall be and hereby are permitted to appear telephonically (through their counsel) at the hearing on the Motion by Defendant Conseco Life Insurance Company for Entry of Discovery Coordination Order which is now scheduled for hearing on 9/13/04 at 10:00am. (Related to 44 Ex Parte Application) (dw, ) (Entered: 09/02/2004)
522004-09-01 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to Motion by Defendant Conseco Life Insurance Company For Entry of Discovery Coordination Order; Supporting Declaration of David J. Gallo. (Re: Ex Parte Application 46 ) filed by Intervenors Judith A Levine, Sidney H Levine. (dw, ) (Entered: 09/02/2004)
532004-09-07 MINUTES by Judge A. Howard Matz: Proceedings - Defendant's Motion for Entry of Case Management Order No. 1. As a result of the Court's 8/24/2004 Case Management Order No. 1 and Order Appointing Lead Counsel, the Court hereby denies as moot defendant's Motion for Entry of Case Management Order No. 1 filed 8/18/2004 29 . Court Reporter: Not Reported. (gk, ) (Entered: 09/07/2004)
542004-09-03 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: On 8/31/04 the Anita Steel v. Conseco Life Insurance Company CV04-6642 AHM (Mcx) was transferred to this Court from Judge Audrey B Collins as a related action to MDL 04-1610-AHM, In re Conseco Life Insurance Co Cost of Insurance Litigation. Attached hereto is a copy of the 8/24/04 Case Management Order No. 1 and Order Appointing Lead Counsel together with a revised Exhibit A that was issued in the MDL action.Court Reporter: Not Reported. (dw, ) (Entered: 09/08/2004)
552004-09-09 STIPULATION AND ORDER by Judge A. Howard Matz to continue hearing date of defendant Conseco Life Insurance Company's Motion for Entry of a Discovery Coordination Order 27 ; Set/Reset Deadlines as to Motion for Entry of a Discovery Coordination Order 27 , Motion set for hearing on 10/4/2004 at 10:00 AM before Honorable A. Howard Matz, contingent upon the proposed protective order and discovery continuation order being filed by not later than 9/13/2004.(gk, ) (Entered: 09/09/2004)
562004-09-07 CERTIFICATION As To Interested Parties filed by Intervenor Parties Judith A Levine, Sidney H Levine. (dw, ) (Entered: 09/09/2004)
572004-09-07 NOTICE of Conseco's Direct Petition To the Chief Justice of California For Coordination and Stay Filed in Re: Motion by Defendant Conseco Life Insurance Company For Entry of Discovery Coordination Order; Supporting Declaration of David J Gallo, Esq., filed by Intervenors Judith A Levine, Sidney H Levine. (dw, ) (Entered: 09/09/2004)
582004-09-03 LIMITED OBJECTION to Motion for Entry of a Discovery Coordination Order 27 filed by Plaintiffs in State Court Case Styled Kuhn v. Conseco, San Francisco County Superior Court Case No. CGC-03-416786. (gk, ) (Entered: 09/09/2004)
592004-09-03 DECLARATION of Harold M. Jaffee in Support of Limited Objections to Conseco's Motion for Entry of a Discovery Coordination Order 27 filed by Plaintiffs in State Court Case Styled Kuhn v. Conseco, San Francisco County Superior Court Case No. CGC-03-416786.(gk, ) (Entered: 09/09/2004)
602004-09-03 REQUEST FOR JUDICIAL NOTICE Re: Limited Objection to Motion for Entry of a Discovery Coordination Order 27 filed by Plaintiffs in State Court Case Styled Kuhn v. Conseco, San Francisco County Superior Court Case No. CGC-03-416786. (gk, ) (Entered: 09/09/2004)
612004-09-09 ORDER by Judge A. Howard Matz upon plaintiff Anita M. Steel's Application for Extension of Time to File Response to Order to Show Cause, that plaintiff's response to the Order to Show Cause why this action should not be remanded to state court for lack of jurisdiction dated 8/31/2004 may be filed by the Clerk of the Court on 9/8/2004. Further ordered that the O.S.C. is discharged and this case may be litigated in this court as part of MDL 04-1610. [This document relates to CV 04-06642 AHM (Mcx)] (gk, ) (Entered: 09/10/2004)
622004-09-09 AMENDED CERTIFICATE OF SERVICE filed by defendant Conseco Life Insurance Company for Stipulation and Order to Continue Hearing Date 55 , was served on 9/9/2004. (gk, ) (Entered: 09/10/2004)
632004-09-09 JOINT MOTION for Entry of Proposed Stipulated Protective Order Governing Confidentiality; Motion set for hearing on 10/4/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order. (gk, ) (Entered: 09/10/2004)
642004-09-09 NOTICE OF JOINT MOTION for Entry of Proposed Stipulated Protective Order Governing Confidentiality 63 . (gk, ) (Entered: 09/10/2004)
652004-09-09 PROOF OF SERVICE re Joint Motion for Entry of Proposed Stipulated Protective Order Governing Confidentiality 63 and Notice of Joint Motion for Entry of Proposed Stipulated Protective Order Governing Confidentiality 64 , Proposed Stipulated Protective Order Governing Confidentiality, and Proposed Order Granting Joint Motion, was served on 9/9/2004. (gk, ) (Entered: 09/10/2004)
662004-09-09 EX PARTE APPLICATION for An Order Extending Time To File Response to Order Showing Cause filed by Plaintiff, Anita M Steel (dw, ) (Entered: 09/13/2004)
672004-09-10 JOINT MOTION for Entry of Proposed Stipulated Discovery Coordination Order Motion set for hearing on 10/4/2004 at 10:00 AM before Honorable A. Howard Matz. (gk, ) (Entered: 09/13/2004)
682004-09-10 CERTIFICATE OF SERVICE filed jointly re 67 Joint Motion for Entry of Proposed Stipulated Coordination Order and Stipulation and [Proposed] Discovery Coordination Order, was served on 9/10/2004. (gk, ) (Entered: 09/13/2004)
692004-09-13 MEMORANDUM in Support of Joint Motion for Entry of Proposed Stipulated Discovery Coordination Order 67 filed by Class Plaintiffs David Barton, Edwin Jacob Garn, Glucksman, Gomer, King. (dw, ) (Entered: 09/14/2004)
702004-09-14 NOTICE of entry of minute order filed by Proposed Interim Class Counsel and Co-Lead Counsel. (gk, ) (Entered: 09/14/2004)
712004-09-14 MINUTES (In Chambers) by Judge A. Howard Matz: On 8/30/04 the Thomas Grady etc v. Conseco Life Insurance Company CV04-6758 AHM (Mcx) was transferred to this Court from Judge S. James Otero as a related action to MDL 04-1610 AHM In Re: Conseco Life Insurance Co. Cost of Insurance Litigation. Attached hereto is a copy of the 8/24/04 Case Management Order No. 1 and Order Appointing Lead Counsel together with a revised Exhibit A that was issued in the MDL action.Court Reporter: Not Reported. (dw, ) (Entered: 09/15/2004)
722004-09-20 OPPOSITION to Conseco Life Insurance Company's MOTION for Entry of A Discovery Coordination Order 27 ; Declaration of Gretchen Carpenter filed by Plaintiff Stephen Hook (dw, ) (Entered: 09/21/2004)
732004-09-20 SUPPLEMENTAL MEMORANDUM IN OPPOSITION to Continued MOTION for Entry of Discovery Coordination Order; 67 Declaration of David J. Gallo filed by Intervenors Judith A Levine, Sidney H Levine. (dw, ) (Entered: 09/21/2004)
742004-09-20 RESPONSE of Plaintiffs Edward Medvene, Sherwin Samuels and Miles Rubin to Discovery Coordination Order (dw, ) (Entered: 09/21/2004)
752004-09-23 CONSOLIDATED AMENDED COMPLAINT of Class Plaintiffs in MDL 1610. (gk, ) (Entered: 09/24/2004)
762004-09-27 DECLARATION of Defendant Gene F. Williams in Support of Defendant Conseco Life Insurance Company's Omnibus Response to State Court Plaintiffs' Objections To Entry of Proposed Stipulated Discovery Coordination Order (Related to Response ) 74 ) filed by Defendant Conseco Life Insurance Company. (dw, ) (Entered: 09/28/2004)
772004-09-27 REPLY MEMORANDUM of Class Plaintiffs in Support of Joint Motion For Entry of [Proposed] Stipulated Discovery Coordination Order (Related to Joint MOTION for Discovery 67 ) filed by Class Plaintiffs David Barton, Edwin Jacob Garn, Glucksman, Gomer, King. (dw, ) (Entered: 09/28/2004)
782004-09-27 OMNIBUS RESPONSE TO State-Court Plaintiffs' Objections To Entry of Proposed Stipulated Discovery Cooordination Order filed by Defendant Conseco Life Insurance Company (Related to Opposition to Motion 72 ) (dw, ) (Entered: 09/28/2004)
792004-09-27 PROOF OF SERVICE filed by Defendant Conseco Life Insurance Company. re 78 Response 76 Declaration ( (dw, ) (Entered: 09/28/2004)
802004-09-29 MINUTES (In Chambers) by Judge A. Howard Matz: On 9/10/2004, the parties filed a Joint Motion for Entry of Proposed Stipulated Discovery Coordination Order and noticed it for hearing on 10/4/2004. Therefore, the Court deems as moot defendant's Motion for Entry of a Discovery Coordination Order 27 . Court Reporter: Not Reported. (gk, ) (Entered: 09/29/2004)
812004-10-04 MINUTES OF Motion Hearing held before Judge A. Howard Matz: Court states tentative ruling and hears oral argument. Court grants the Joint Motion for Entry of Proposed Stipulated Protective Order Governing Confidentiality 63 and Joint Motion for Entry of Proposed Stipulated Discovery Coordination Order 67 with slight modifications. Irders to issue. In response to the parties' oral request, Court Set/Reset Hearings: Scheduling Conference set for 11/3/2004 03:00 PM before Honorable A. Howard Matz. Court Reporter: Maria Bustillos. (gk, ) (Entered: 10/04/2004)
822004-10-04 ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge A. Howard Matz: Set Deadlines/Hearings: Scheduling Conference set for 11/3/2004 01:30 PM before Honorable A. Howard Matz. Rule 26 Meeting Report due, not later than 14 days after they confer, by 11/17/2004. (gk, ) (Entered: 10/04/2004)
832004-10-04 ORDER by Judge A. Howard Matz that the Joint Motion for Entry of Proposed Stipulated Protective Order Governing Confidentiality 63 is granted and that the attached proposed protective order is adopted in its entirety. (gk, ) (Entered: 10/04/2004)
842004-10-04 STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIALITY by Judge A. Howard Matz. See document for details. (gk, ) (Entered: 10/04/2004)
852004-10-04 STIPULATION AND DISCOVERY COORDINATION ORDER re 67 by Judge A. Howard Matz. See document for details. (gk, ) (Entered: 10/04/2004)
862004-10-05 AMENDED ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE 82 by Judge A. Howard Matz: Set Deadlines/Hearings: Scheduling Conference reset for 11/3/2004 03:00 PM before Honorable A. Howard Matz. Rule 26 Meeting Report due, not later than 14 days after they confer, by 11/17/2004.(gk, ) (Entered: 10/06/2004)
872004-10-08 PROOF OF SERVICE FIRST AMENDED COMPLAINT Executed by Plaintiffs David Barton, Edwin Jacob Garn, Glucksman, Gomer, King, upon Defendant Conseco Life Insurance Company served on 9/23/2004, answer due 10/13/2004. The First Amended Complaint were served by Personal Service service, by Federal Statute statute, upon Steven E. Bledsoe, Attorney for Defendant. Due Diligence declaration not attached. Only First Amended Complaint was served not summons. (dw, ) (Entered: 10/15/2004)
882004-10-13 STIPULATION AND ORDER by Judge A. Howard Matz Extending time for Defendant Conseco Life Insurance Company to Answer or Respond to Plaintiff's Consolidated Amended Complaint - (Discovery) 75 , due on or before 11/12/04.(pbap, ) (Entered: 10/15/2004)
892004-10-06 SUPPLEMENTAL PROOF OF SERVICE filed by Class Plaintiffs relating to Service by Mail of 75 Consolidated Amended Complaint of Class Plaintiffs in MDL Case No. 1610, was served on 9/30/2004. (gk, ) (Entered: 10/15/2004)
902004-10-15 RULE 26(f) REPORT filed; estimated length of trial by plaintiff 10-15 days. (gk, ) (Entered: 10/18/2004)
912004-10-28 MINUTES OF PROCEEDINGS:In Chambers before Judge A. Howard Matz : On Sepember 29, 2004, the Marvin Barnblat, et al vs. Conseco Life Insurance Company, CV04-8147-AHM(Mcx), was transferred to this Court from the W.D. of Texas as a related action to MDL 04-1610-AHM, In re: Conseco Life Insuranceo Cost of Insurance Litigation. Attached hereto is a copy of the August 24, 2004 Case Management Order No. 1 and Order Appointing Lead Counsel together with a revised Exhibit A that was issued in the MDL action.Court Reporter: not reported. (pbap, ) (Entered: 10/29/2004)
922004-10-28 ORDER RE STATUS CONFERENCE by Judge A. Howard Matz: The Court has reviewed the Rule 26(f) Report. At the 11/3/04 conference Plaintiff's counsel shall: 1) Lodge another copy of the Consolidated Amended Complaint. (See document for further information)(dw, ) (Entered: 10/29/2004)
932004-10-28 OBJECTIONS to Defendant Conseco's Designation of Chicago as the Venue for Deposition filed by Class Plaintiff Michael S. Kuhn (pbap, ) (Entered: 11/01/2004)
942004-10-29 ADDENDUM to Michael S. Kuhn's Objections to Defendant Conseco's Designation of Chicago as the Venue For Deposition 93 filed by Plaintiff Michael S Kuhn. (dw, ) (Entered: 11/02/2004)
952004-11-01 NOTICE OF ERRATA filed by Plaintiffs David Barton, Edwin Jacob Garn, Glucksman, Gomer, King, Michael S Kuhn correcting Joint Report Rule 26(f) Discovery Plan 90 (dw, ) (Entered: 11/03/2004)
962004-11-03 MINUTES OF PROCEEDINGS: Scheduling Conference held before Judge A. Howard Matz, Court and counsel confer regarding plaintiff Kuhn's objections to the designation of Chicago as the site for the depositions. Court declines to contradict or authorize non-compliance with Judge Kramer's orders in the California consolidated class actions and declines to rule on plaintiff Kuhn's objections. Court denies defendant's request, contained in the parties' Joint 26(f) Report, to have stage discovery regarding alter ego Court declines to set a separate briefing schedule for the alter ego summary judgment motion. Court sets the following class certification briefing schedule: Last day to file motion for class certification: 11/22/04; Last day to file opposition thereto; 1/18/05; Last day to file reply: 2/14/05; Hearing: 3/7/05 at 10:00 a.m. before Judge A. Howard Matz. **see document for further details**Court Reporter: Maria Bustillos. (pbap, ) (Entered: 11/04/2004)
972004-11-03 SCHEDULING AND CASE MANAGEMENT ORDER by Judge A. Howard Matz Set Deadlines/Hearings: Non-expert Discovery cut-off 6/6/2005. Last day for hand-serving Motions and filing due by 7/25/2005. Lodged Pretrial Conf 10/10/05. Motion set for hearing on 10/5/2005 at 03:00 PM before Honorable A. Howard Matz. Final Pretrial Conference set for 10/24/2005 11:00 AM before Honorable A. Howard Matz. Jury Trial set for 11/8/2005 08:00 AM before Honorable A. Howard Matz. Additional matters to be determined at scheduling conference: Expert discovery cut-off 7/5/05; Rebuttal Expert Witness Disclosure 6/13/05; Opening Expert Witness Disclosure 5/23/05.(pbap, ) (Entered: 11/04/2004)
982004-11-02 RESPONSE to Michael S. Kuhn's Objections to Conseco's Designation of Chicago as the Venue for Deposition filed by Defendant Conseco Life Insurance Company (pbap, ) (Entered: 11/04/2004)
992004-11-04 MINUTES (In Chambers) by Judge A. Howard Matz: Court ORDERS counsel for both sides to meet and confer and then file a "Joint Statement re Consolidated Amended Complaint." (See document for further information)Court Reporter: N/A. (dw, ) (Entered: 11/08/2004)
1002004-11-12 NOTICE OF MOTION AND MOTION to Strike Allegations from Plaintiffs' Consolidated Amended Complaint 75 filed by Defendants Conseco Life Insurance Company. Motion set for hearing on 12/20/2004 at 10:00 AM before Honorable A. Howard Matz. Lodged Order. (dw, ) (Entered: 11/15/2004)
1012004-11-12 ANSWER AND AFFIRMATIVE DEFENSES TO CONSOLIDATED AMENDED COMPLAINT of Class Plaintiffs in MDL No. 1610 (Related to Complaint 75 ) filed by Defendant Conseco Life Insurance Company.(dw, ) (Entered: 11/15/2004)
1022004-11-12 MEMORANDUM OF POINTS AND AUTHORITIES In Support of MOTION to Strike Allegations From Complaint 100 filed by Defendant Conseco Life Insurance Company. (dw, ) (Entered: 11/16/2004)
1032004-11-12 CERTIFICATE OF SERVICE filed by Defendant Conseco Life Insurance Company re 100 MOTION to Strike Complaint, 102 Memorandum of Points and Authorities served on 11/12/04. (dw, ) (Entered: 11/16/2004)
1042004-11-19 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 10/4/04 Court Reporter: Maria R. Santillan-Bustillos. (weap, ) (Entered: 11/22/2004)
1052004-11-19 TRANSCRIPT filed for proceedings held on 10/4/04. Court Reporter: Maria R. Santillan-Bustillos. (weap, ) (Entered: 11/22/2004)
1062004-11-22 NOTICE OF MOTION AND MOTION for Class Certification filed by Class Plaintiffs Motion set for hearing on 3/7/2005 at 10:00 AM before Honorable A. Howard Matz. (pbap, ) (Entered: 11/23/2004)
1072004-11-22 MEMORANDUM in Points and Authorities in Support of MOTION for Class Certification 106 filed by Class Action Plaintiffs. (pbap, ) (Entered: 11/23/2004)
1082004-11-22 DECLARATION of Timonthy P. Dillon in Support of MOTION for Class Certification 106 106 filed by Class Plaintiffs. (pbap, ) (Entered: 11/23/2004)
1092004-11-22 EVIDENTIARY SUBMISSION in Support of MOTION for Class Certification 106 filed by Class Plaintiffs. (pbap, ) (Entered: 11/23/2004)
1102004-11-26 NOTICE of Change of Address and Phone Number for James L. Mitchell changing Address and Phone Number to James Mitchell, Brown Sawicki & Mitchell, LLP, 2626 Cole Avenue Suite 850, Dallas, Texas 75204, Phone number: 214-468-8844. Filed by Plaintiff Marvin Barenblat and Janette Ryan (dw, ) (Entered: 12/01/2004)
1112004-12-06 STIPULATION AND ORDER by Judge A. Howard Matz to Continue Defendant Conseco, Inc's MOTION to Strike Complaint Allegations From Complaint (Discovery) 75 100 . Motion set for hearing 12/20/04 to 1/24/2005 at 10:00 AM before Honorable A. Howard Matz. Opposition due before 12/22/04, and reply due on or before 1/10/05.(pbap, ) (Entered: 12/08/2004)
1122004-12-22 RESPONSE of Class Plaintiffs to Notice of Withdrawal of MOTION to Strike Allegations From Plaintiffs' Consolidated Amended Complaint 100 filed by Class Plaintiffs King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (dw, ) (Entered: 12/29/2004)
1132004-12-22 NOTICE OF MOTION AND MOTION for For An Adjudication That Conseco Inc's Defense of Discharge is Legally Insufficient Or Has Been Waived filed by Class Plaintiffs King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. Motion set for hearing on 1/24/2005 at 10:00 AM before Honorable A. Howard Matz. (dw, ) (Entered: 12/30/2004)
1142004-12-22 MEMORANDUM in Opposition to Defendant Conseco Inc's MOTION To Strike and In Support of Motion of Class Plaintiffs For An Adjudication That Conseco Inc's Defense of Discharge is Legally Insufficent Or Has Been Waived 113 filed by Class Plaintiffs King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (dw, ) (Entered: 12/30/2004)
1152004-12-20 JOINT STATUS REPORT In Accordance With Order Dated 11/3/04 filed by Plaintiffs King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman, Defendant Conseco Life Insurance Company. (dw, ) (Entered: 12/30/2004)
1162004-12-21 Notice of Withdrawal of MOTION to Strike Allegations From Plaintiffs' Consolidated Amended Complaint 100 filed by Defendants Conseco Life Insurance Company. (dw, ) (Entered: 01/03/2005)
1172005-01-03 JOINT STATEMENT re consolidated amended complaint (bp, ) (Entered: 01/10/2005)
1182005-01-12 EX PARTE APPLICATION for leave to file a single 40 page opposition to plaintiff's motion for class certification filed by Defendant Conseco Life Insurance Company. Lodged order. (shb, ) (Entered: 01/13/2005)
1192005-01-12 MEMORANDUM of points and authorities in Support of EX PARTE APPLICATION for leave to file a single 40 page opposition to plaintiff's motion for class certification 118 filed by Defendant Conseco Life Insurance Company. (shb, ) (Entered: 01/13/2005)
1202005-01-12 PROOF OF SERVICE filed by Defendant Conseco Life Insurance Company. re EX PARTE APPLICATION to Exceed Page Limitation 118 , Memorandum in Support of Motion 119 , was served on 1/12/05 via US mail and facsimile. (shb, ) (Entered: 01/13/2005)
1212005-01-12 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 11/03/04, Court Reporter: Maria R. Santillan-Bustillos. (wdc, ) (Entered: 01/13/2005)
1222005-01-12 TRANSCRIPT filed for proceedings held on 11/03/04. Court Reporter: Maria R. Santillan-Bustillos. (wdc, ) (Entered: 01/13/2005)
1232005-01-11 DECLARATION of Timothy G Majors in opposition to MOTION for an adjudication that Conseco's defense of discharge is legally insufficient or has been waived 113 filed by defendants, Conseco Life Insurance Company.(sv) (Entered: 01/13/2005)
1242005-01-11 NOTICE OF MOTION AND MOTION for Leave to file an amended answer filed by defendants, Conseco Life Insurance Company. Motion set for hearing on 2/28/2005 at 10:00 AM before Honorable A. Howard Matz. Lodged proposed order.(sv) (Entered: 01/13/2005)
1252005-01-11 MEMORANDUM of Points and Authorities in support of Notice of Motion and Motion for Leave to file amended answer 124 filed by defendants, Conseco Life Insurance Company. (sv) (Entered: 01/13/2005)
1262005-01-11 DECLARATION of Brent Caslin in support of MOTION for Leave to file an amended answer 124 filed by defendants, Conseco Life Insurance Company. (sv) (Entered: 01/13/2005)
1272005-01-11 OPPOSITION to Response regarding withdrawn motion to strike and plaintiff's motion for an adjudication that Conseco's defense of discharge is legally insufficient or has been waived 112 filed by Defendant Conseco Life Insurance Company. (sv) (Entered: 01/13/2005)
1282005-01-11 NOTICE of lodging of defendant's amended answer filed by defendant, Conseco Life Insurance Company. Lodged Amended Answer. (sv) (Entered: 01/13/2005)
1292005-01-11 PROOF OF SERVICE filed by defendant, Conseco Life Insurance Company. re Notice (Other) 128 , MOTION for Leave 124 , Memorandum in Support of Motion 125 , Declaration (Motion related) 126 , Objections - non-motion, 127 , was served on 1/11/05. (sv) (Entered: 01/13/2005)
1302005-01-13 MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz: On January 12, 2005, Defendants filed an EX PARTE APPLICATION for leave to file a single 40 page opposition to plaintiff's motion for class certification 118 . The Court hereby gives Defendants leave to file an Opposition to Plaintiffs' Motion for Class Certification with ten additional pages, for a tital of thirty-five pages. Court Reporter: N/A. (shb, ) (Entered: 01/14/2005)
1312005-01-18 STIPULATION AND ORDER that the memorandum of points and authorities in support of motion for class plaintiffs for class certification may be unsealed and placed in the public court file by Judge A. Howard Matz :(bp, ) (Entered: 01/20/2005)
1322005-01-18 REPLY MEMORANDUM in Support of Motion for an Adjudication that Conseco, Inc.'s Defense of Discharge is Legally Insufficient or Has Been Waived 113 filed by Class Plaintiffs. (gk, ) (Entered: 01/20/2005)
1332005-01-18 OPPOSITION to MOTION to Certify 106 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 01/21/2005)
1342005-01-18 DECLARATION of Brent Caslin in support of opposition to MOTION to Certify 106 filed by defendants Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 01/21/2005)
1352005-01-18 DECLARATION of Frank Scuglik in support of opposition to MOTION to Certify 106 filed by defendants Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 01/21/2005)
1362005-01-18 DECLARATION of Tom Roman in support of opposition to MOTION to Certify 106 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 01/21/2005)
1372005-01-18 DECLARATION of David White in support of opposition to MOTION to Certify 106 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 01/21/2005)
1382005-01-18 DECLARATION of Keith Donald Turner in support of opposition to MOTION to Certify 106 filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 01/21/2005)
1392005-01-18 INDEX OF EXHIBITS filed in support of defendants' opposition to MOTION to Certify 106 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 01/21/2005)
1402005-01-18 DECLARATION of Brent Caslin in support of opposition to MOTION to Certify 106 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. Volume 1 (Exhibits A1-A10) (bp, ) (Entered: 01/21/2005)
1412005-01-18 DECLARATION of Brent Caslin in support of opposition to MOTION to Certify 106 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. Volume II(Exbibits A11-A24) (bp, ) (Entered: 01/21/2005)
1422005-01-18 DECLARATION of Brent Caslin in support of opposition to MOTION to Certify 106 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. Volume III(Exhibits A25-A28) (bp, ) (Entered: 01/21/2005)
1432005-01-18 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. re Response in Opposition to Motion 133 , Declaration (Motion related) 134 , Declaration (Motion related) 140 , Declaration (Motion related) 135 , Declaration (Motion related) 141 , Declaration (Motion related) 136 , Declaration (Motion related) 142 , Declaration (Motion related) 137 , Declaration (Motion related) 138 , Motion Related Document 139 , was served on 1/18/04. (bp, ) (Entered: 01/21/2005)
1442005-01-20 MINUTES: The court is inclined to treat plaintiffs' motion for an adjudication as a motion in limine, and to direct defendants to file an opposition on the merits no later than 1/31/05. Plaintiffs' reply shall then be filed no later than 2/15/05. The hearing on the motion will be scheduled for 3/7/05 at 10:00 a.m. In light of this notice, the court ORDERS the parties to meet and confer and file a joint statement as to whether any party wishes to have a hearing on 1/24/05, and, if so, why such a hearing is necessary. The statement shall be filed by not later than 12:00 p.m. on Friday, 1/21/05. If a party does not request a hearing on 1/24/05, the clerk will notify the parties whether such a hearing will be held by 5:00 p.m. on 1/21/05. Honorable A. Howard Matz.Court Reporter: N/A. (bp, ) (Entered: 01/21/2005)
1452005-01-20 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Roger J Higgins for Conseco Life Insurance Company, designating Brent Caslin as local counsel. Fee paid. Approved by Judge A. Howard Matz.(bp, ) (Entered: 01/21/2005)
1462005-01-21 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by James H M Sprayregen for Conseco Life Insurance Company, designating Brent Caslin as local counsel. Fee paid. Approved by Judge A. Howard Matz.(bp, ) (Entered: 01/21/2005)
1472005-01-21 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Anup Sathy for Conseco Life Insurance Company, designating Brent Caslin as local counsel. Fee paid. Approved by Judge A. Howard Matz.(bp, ) (Entered: 01/21/2005)
1482005-01-21 MINUTES: The court will treat plaintiffs' motion for an adjudication, filed 12/22/04, as a motion in limine, and directs defendants to file an opposition on the merits no later than 1/31/05. Plaintiffs' reply shall then be field no later than 2/15/05. The hearing on the motion will be scheduled for 3/7/05 at 10:00 a.m. The hearing in this matter scheduled for 1/24/05 at 10:00 a.m. is hereby taken off calendar. by Judge A. Howard Matz.Court Reporter: N/A. (bp, ) (Entered: 01/24/2005)
1492005-01-21 JOINT STATEMENT in response to court order dated 1/20/05 144 . (bp, ) (Entered: 01/25/2005)
1502005-01-25 NOTICE OF MOTION AND MOTION for Reconsideration of 1/24/05 order filed by defendants' Conseco Life Insurance Company. Motion set for hearing on 3/7/2005 at 10:00 AM before Honorable A. Howard Matz. (bp, ) (Entered: 01/31/2005)
1512005-01-26 RESPONSE to MOTION for Reconsideration 150 filed by class plaintiffs' Conseco Life Insurance Company. (bp, ) (Entered: 01/31/2005)
1522005-01-31 BRIEF RE: the effects of the bankrucpty discharge order filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 02/03/2005)
1532005-01-31 DECLARATION of G. Seth Beal in support of brief re: the effect of the bankruptcy discharge order filed by In Re Conseco Life Insurance Company Cost of Insurance Litigation, Defendant Conseco Life Insurance Company. (bp, ) (Entered: 02/03/2005)
1542005-01-31 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. re Brief (non-appeal) 152 , Declaration (non-motion) 153 , was served on 1/31/05. (bp, ) (Entered: 02/03/2005)
1552005-02-14 MEMORANDUM in Opposition to MOTION for Leave 124 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 02/15/2005)
1562005-02-14 REPLY Memorandu in support of MOTION to Certify 106 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 02/15/2005)
1572005-02-14 DECLARATION of Robert L. Hoyer in support of MOTION to Certify 106 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 02/15/2005)
1582005-02-14 DECLARATION of Timothy P. Dillon in further support of motion to Certify 106 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 02/15/2005)
1592005-02-15 DECLARATION of Timothy P. Dillon in support of MOTION to Certify 106 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 02/16/2005)
1602005-02-15 REPLY Memorandum of class plaintiffs in support of motion to Certify 106 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 02/16/2005)
1612005-02-18 REPLY in support of MOTION for Leave 124 filed by defendant Conseco Life Insurance Company. (bp, ) (Entered: 02/23/2005)
1622005-02-18 DECLARATION of G. Seth Beal in support of MOTION for Leave 124 filed by defendant Conseco Life Insurance Company. (bp, ) (Entered: 02/23/2005)
1632005-02-18 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company. re Reply (Motion related) 161 , Declaration (Motion related) 162 , was served on 2/18/05. (bp, ) (Entered: 02/23/2005)
1642005-02-23 MINUTES: On the court's own motion, the court hereby continues defendants' motion for leave to file an amended answer from 2/28/05 to 3/7/05 at 10:00 a.m. Judge A. Howard Matz.Court Reporter: Not reported. (bp, ) (Entered: 02/23/2005)
1652005-02-23 STIPULATION AND ORDER re class action settlement release in Onderdonk, et al. v. Conseco Life Insurance Company, et al. Nothing in the settlement agreement, the judgment or any provisions of the release set forth in the settlement agreement or the judgment in the Onderdonk action shall be deemed or construed in any way to release, affect, impact or impair any claims arising from or relating to the action of Massacheusetts General Life Insurance Company, Philadelphia Life Insurance Company or Conseco Life Insurance Company and Conseco, Inc., in creating, implementing, applying, or eliminating application of the R-Factor, including any and all claims alleged against any party in the cases compromising MDL 1610 and the release does not apply to any life insurance policies for which there has been and increase in the cost of insurance through elimination of the R-Factor by Judge A. Howard Matz :(bp, ) (Entered: 02/23/2005)
1662005-02-22 NOTICE OF SUPPLEMENTAL AUTHORITY in opposition to MOTION to Certify 106 filed by defendant Conseco Life Insurance Company. (bp, ) (Entered: 02/24/2005)
1672005-02-25 EX PARTE APPLICATION to Strike the declaration of Robert L. Hoyer filed in support of plaintiffs' motion for class certification filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 02/28/2005)
1682005-02-25 DECLARATION of Brent Caslin in support of EX PARTE APPLICATION to Strike 167 filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 02/28/2005)
1692005-02-25 MEMORANDUM of Points and Authorities in Support of EX PARTE APPLICATION to Strike 167 filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 02/28/2005)
1702005-02-25 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. re EX PARTE APPLICATION to Strike 167 , Declaration (Motion related) 168 , Memorandum in Support of Motion 169 , was served on 2/25/05. (bp, ) (Entered: 02/28/2005)
1712005-02-28 REPLY in support of MOTION for Reconsideration 150 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 03/01/2005)
1722005-02-28 DECLARATION of Brent Caslin in support of MOTION for Reconsideration 150 filed by defendant Conseco Life Insurance Company. (bp, ) (Entered: 03/01/2005)
1732005-02-28 PROOF OF SERVICE filed by defendant Conseco Life Insurance Company. re Reply (Motion related) 171 , Declaration (Motion related) 172 , was served on 2/25/05. (bp, ) (Entered: 03/01/2005)
1742005-03-01 NOTICE OF MOTION AND MOTION to Compel production of documents from defendants' filed by class plaintiffs King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. Motion set for hearing on 3/22/2005 at 09:30 AM before Magistrate Judge James W. McMahon. (bp, ) (Entered: 03/03/2005)
1752005-03-01 DECLARATION of Timothy P. Dillon in support of MOTION to Compel 174 filed by class plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 03/03/2005)
1762005-03-01 JOINT STIPULATION RE: MOTION to Compel 174 filed by class plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 03/03/2005)
1772005-03-01 JOINT EXHIBITS IN CONNECTION WITH MOTION to Compel 174 filed by class plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 03/03/2005)
1782005-03-02 DECLARATION of John Tangren in opposition to MOTION to Compel 174 filed by defendant Conseco Life Insurance Company. (bp, ) (Entered: 03/03/2005)
1792005-02-28 MEMORANDUM in Opposition to defendants EX PARTE APPLICATION to Strike 167 filed by Class Plaintiffs Edwin Jacob Garn, David Barton, Glucksman. (pj, ) (Entered: 03/03/2005)
1802005-03-04 NOTICE OF ADDITIONAL SUPPLEMENTAL AUTHORITY in support of their opposition to plaintiffs' Motion for Class Certification 106 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 03/07/2005)
1812005-03-07 MINUTES: The court DENIES defendants' motion for reconsideration of 1/24/05 order and GRANTS defendants' motion for leave to file an amended answer. The court takes UNDER SUBMISSION the motion in limine re: proposed class plaintiffs' motion for an adjudication that Conseco, Inc.'s defense of discharge is legally insufficient or has been waived and class plaintiffs' motion for class certification. The court DENIES defendant's ex parte application to strike the Hoyer Declaration and instructs counsel to keep the court informed of any new developments in the bankruptcy proceeding by filing a joint statement in this action. Judge A. Howard Matz :Court Reporter: Leslie A. King. (bp, ) (Entered: 03/08/2005)
1822005-03-07 ANSWER to Consolidated Amended Complaint - (Discovery) 75 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company.(bp, ) (Entered: 03/09/2005)
1832005-03-08 SUPPLEMENTAL MEMORANDUM Opposing MOTION to Compel 174 filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 03/10/2005)
1842005-03-09 ORIGINAL SIGNATURE to declaration of John Tangreen in support of MOTION to Compel 174 filed by defendant Conseco Life Insurance Company. (bp, ) (Entered: 03/10/2005)
1852005-03-08 MEMORANDUM in further Support of MOTION to Compel 174 filed by plaintiffs King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 03/10/2005)
1862005-03-10 NOTICE OF MOTION AND MOTION to Compelling compliance by third party Pricewaterhouse Coopers with the subpoena served on 12/20/04. In addition, in accordance with rule 45(e), class plaintiffs seek an order of contempt against Pricewaterhouse based upon the lackof adequate excuse for its failure to obey the subpoena by producing the requested documents and file this application for an order to show cause why a contempt citation should not issue. plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. Motion set for hearing on 4/5/2005 at 09:30 AM before Magistrate Judge James W. McMahon. (bp, ) (Entered: 03/14/2005)
1872005-03-10 MEMORANDUM of Points and Authorities in Support of MOTION to Compel 186 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 03/14/2005)
1882005-03-10 DECLARATION of Timothy P. Dillon in support of MOTION to Compel 186 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. (bp, ) (Entered: 03/14/2005)
1892005-03-14 PROOF OF SERVICE filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Glucksman. re MOTION to Compel 186 , Memorandum in Support of Motion 187 , Declaration (Motion related) 188 , was served on 3/11/05. (bp, ) (Entered: 03/15/2005)
1902005-03-15 STIPULATION in connection with motion to compel of class plaintiffs against defendants filed by plaintiff and defendants' Conseco Life Insurance Company, David Barton. (bp, ) (Entered: 03/17/2005)
1912005-03-18 MINUTES: The court permits plaintiffs to file a brief of not more than 4 pages, by 3/25/05, that addresses only the applicability of these cases to the issue before the court. A copy of the brief should be lodged as a "courtesy copy" with chambers. Defendants may not file any responsive papers. Judge A. Howard Matz : Court Reporter: N/A. (bp, ) (Entered: 03/21/2005)
1922005-03-21 ORDER GRANTING MOTION TO COMPEL PRODUCTION OF DOCUMENTS by Judge James W. McMahon : On the court's own motion, the court dispenses with oral argument with respect to the motion of the class plaintiffs to compel defendants Conseco Life Insurance Company ("Conseco Life") and Conseco, Inc. ("Conseco") to compel production of documents requested in the class plantiffs' first and second requests for production of documents, previously noticed for hearing on March 22, 2005. The court takes the motion under submission and decides it forthwith. The class plaintiffs' motion to compel defendant Conseco Life to produce documents responsive to request numbers 193,197,201,203 and 204 in the class plaintiffs' first request for production of documents is granted. The class plaintiff's' motion to compel defendant's Conseco and Conseco Life to produce documents responsive to request numbers 23,25,26,29,47 and 53 in the class plaintiffs' second request for production of documents is granted. Defendant Conseco is ordered on or before April 5, 2005 to make a further response to the class plaintiffs' second request for production of documents. Defendants Conseco and Conseco Life are each ordered on or before April 5, 2005 to produce all documents responsive to request numbers 23,25,26,29,47 and 53 of the class plaintiffs' second request for production of documents. (See document for further details) (afl, ) (Entered: 03/21/2005)
1932005-03-22 Ex Parte Application for Reconsideration of March 21, 2005 Order Granting Motion to Compel filed by defendant Conseco Life Insurance Company. (afl, ) (Entered: 03/23/2005)
1942005-03-25 EX PARTE APPLICATION for Review of Magistrate Judge's Ruling and objections to portions of that ruling 192 filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. Lodged lodged proposed order. (bp, ) (Entered: 03/28/2005)
1952005-03-23 Non-Party Pricewaterhouse Coopers LLP's Ex Parte Application for Extension of Time to Respond to Plaintiffs' Motion to Show Cause why Contempt Citation Should not Issue, and to Continue Hearing filed by Non-Party PricewaterhouseCoopers LLP. (afl, ) (Entered: 03/28/2005)
1962005-03-25 ORDER by Judge James W. McMahon : denying 195 Ex Parte Application for Enlargement of Time to File (afl, ) (Entered: 03/28/2005)
1972005-03-28 DECLARATION of John Ernst in support of EX PARTE APPLICATION for Review of Magistrate Judge's Ruling and objections to portions of that ruling re Order on Motion to Compel,,,,,,,,,,,, Order on Motion for Order,,,,, 192 194 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 03/29/2005)
1982005-03-25 MEMORANDUM in Opposition to EX PARTE APPLICATION for Reconsideration re Order on Motion to Compel,,,,,,,,,,,, Order on Motion for Order,,,,, 192 193 filed by plaintiff David Barton. (bp, ) (Entered: 03/29/2005)
1992005-03-25 BRIEF pursuant to order dated 3/18/05 filed by plaintiffs' David Barton. (bp, ) (Entered: 03/29/2005)
2002005-03-25 EX PARTE APPLICATION for Leave to file, within time period agree to by plaintiffs, opposition to plaintiffs' motion for OSC re: contempt filed by movant Pricewaterhouse Coopers LLP. (bp, ) (Entered: 03/29/2005)
2012005-03-25 OPPOSITION to MOTION to Compel 186 filed by movant Pricewaterhouse Coopers LLP. (bp, ) (Entered: 03/29/2005)
2022005-03-29 OPPOSITION to EX PARTE APPLICATION for Review of Magistrate Judge's Ruling and objections to portions of that ruling re Order on Motion to Compel,,,,,,,,,,,, Order on Motion for Order,,,,, 192 194 filed by plaintiffs' David Barton. (bp, ) (Entered: 03/29/2005)
2032005-03-29 DECLARATION of Timothy P. Dillon in support of opposition to EX PARTE APPLICATION for Review of Magistrate Judge's Ruling and objections to portions of that ruling re Order on Motion to Compel,,,,,,,,,,,, Order on Motion for Order,,,,, 192 194 filed by plaintiffs' David Barton. (bp, ) (Entered: 03/29/2005)
2042005-03-29 REPLY Memorandum of points and authorities in further support of MOTION to Compel 186 filed by plaintiffs David Barton. (bp, ) (Entered: 03/30/2005)
2052005-03-29 DECLARATION of Timothy P. Dillon in support of reply memorandum in further support of MOTION to Compel 186 filed by plaintiffs' David Barton. (bp, ) (Entered: 03/30/2005)
2062005-03-29 MEMORANDUM IN SUPPORT of Pricewaterhouse Cooper's opposition to plaintiffs' MOTION to Compel 186 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 03/30/2005)
2072005-03-30 MINUTES: The court DENIES defendants' application for review of Magistrate Judge McMahon's 3/21/05 order because defendants have not met their burden of demonstrating that the Magistrate Judge's order was "clearly erroneous or contrary to law." Judge A. Howard Matz : Court Reporter: N/A. (bp, ) (Entered: 03/30/2005)
2082005-03-30 ORDER DENYING DEFENDANTS' EX PARTE APPLICATION FOR RECONSIDERATION OF MARCH 21, 2005 ORDER by Judge James W. McMahon : The ex parte application of defendants Conseco Life Insurance Company and Coseco, Inc. for reconsideration, filed March 22, 2005, is denied as moot in light of the district judge's ruling on the Defendant's Ex Parte Application For Review of Magistrate Judge's Ruling, etc., filed March 25, 2005. 193 (afl, ) (Entered: 03/30/2005)
2092005-03-30 MINUTES: On 3/15/05, the Clifford S. Arakaki, et al. v. Conseco Life Insurance Company, CV05-1850-AHM(Mcx), was transferred to this court from the D. of Hawaii as a related action to MDL04-1610-AHM(Mcx, In re: Conseco Life Insurance Co. Cost of Insurance Litigation. Attached hereto is a copy of the 8/24/05 case management order No.1 and Order appointing lead counsel together with a revised exhibit A that was issued in the MDL action. Judge A. Howard Matz : Court Reporter: Not reported. (bp, ) (Entered: 03/31/2005)
2102005-03-30 MINUTES: On 2/11/05, the Charles R. Gnuse v. Conseco Life Insurance Company, CV05-1084-AHM(Mcx), was transferred to this court from the N.D. of Texas as a related action to MDL04-1610-AHM(Mcx), In re: Conseco Life Insurance Co. Cost of Litigation. Attached hereto is a copy of the 8/24/04 Case Management Order No.1 and Order Appointing Lead Counsel together with a revised Exhibit A that was issued in the MDL action by Judge A. Howard Matz : Court Reporter: Not reported. (bp, ) (Entered: 03/31/2005)
2112005-03-31 SEALED DOCUMENT filed by Plaintiff David Barton regarding Sur-Reply Memorandum,***FILED UNDER SEAL***(bp, ) Modified on 10/8/2009 (sm). (Entered: 04/04/2005)
2122005-03-30 PROOF OF SERVICE filed by plaintiff David Barton. re Reply (Motion related) 204 , was served on 3/28/05. (bp, ) (Entered: 04/04/2005)
2132005-04-04 MINUTES: The court ORDERS counsel for plaintiffs to file a one-page clarification regarding plaintiff Garn's policies by not later than Monday, 4/11/05. Judge A. Howard Matz : Court Reporter: N/A. (bp, ) (Entered: 04/05/2005)
2142005-04-01 SUR-REPLY of non-party Pricewaterhousecoopers to plaintiffs MOTION to Compel 186 filed by non-party Pricewaterhouse Coopers LLP. (bp, ) (Entered: 04/05/2005)
2152005-04-01 RESPONSE to sur-reply memorandum of class plaintiffs MOTION to Compel 186 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 04/05/2005)
2162005-04-04 ORDER COMPELLING PRICEWATERHOUSE COOPERS LLP TO PRODUCE DOCUMENTS by Judge James W. McMahon : On the court's own motion, the court dispenses with oral argument with respect to the motion of the plaintiffs against Pricewaterhouse Coopers (PwC") and Order to Show Cause Why Contempt Citation Should Not Issue, filed March 10, 2005, and noticed for hearing on April 5, 2005. The court takes the motion under submission and decides it forthwith. 200 As an initial matter, PwC's ex parte application for leave to file, etc., filed March 25, 2005, construed as an application to allow the fling and consideration of PwC's opposition, filed March 25, 2005, is granted. The court will consider PwC's opposition as if timely filed. Plaintiff's motion for order to show cause why contempt citation should not issue against PwC is denied in part and granted in part. Construed as a request to issue a contempt citation, the motion is denied. Construed as a motion to compel the production of documents described in the plaintiffs' subpoena duces tecum, the motion is granted. Third party Pricewaterhouse Coopers is ordered on or before May 3, 2005 to produce all documents described in the subpoena duces tecum without further objection. (See document for further details) (afl, ) (Entered: 04/05/2005)
2172005-04-11 ORDER AND STIPULATION EXTENDING PRE-TRIAL DEADLINES AND TRIAL DATE by Judge A. Howard Matz: For good cause shown, the Pretrial Deadlines and trial date established by Order dated November 3, 2004 are hereby VACATED and the Pretrial deadlines and Trial date for this MDL proceeding are set forther on Exhibit "A" attached hereto. (jp, ) (Entered: 04/12/2005)
2182005-04-13 ORDER: The court GRANTS plaintiffs' motion in limine at the time the bankruptcy court entered the bar order, plaintiffs could not have reasonably contemplated a breach claim against Conseco, Inc. bases on an alter ego theory arising from an alleged post-bar order breach of contract by their insurance carrier, Conseco Life -- a breach that had not yet occurred. Therefore, plaintiffs' claims against New Conseco are not discharged by the bankruptcy court's bar order by Judge A. Howard Matz : (bp, ) (Entered: 04/14/2005)
2192005-04-13 STIPULATION AND ORDER that class plaintiffs may have an additional two days, until 4/14/05, to respond to the ex parte application by Judge A. Howard Matz :(bp, ) (Entered: 04/14/2005)
2202005-04-14 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 03/07/05 Court Reporter: Leslie King. (cbr, ) (Entered: 04/15/2005)
2212005-04-14 TRANSCRIPT filed for proceedings held on 03/07/05. Court Reporter: Leslie King. (cbr, ) (Entered: 04/15/2005)
2222005-04-11 EX PARTE APPLICATION for Review of Magistrate Judge's order compelling Pricewaterhousecoopers to produce documents and objections to portions of that order and request to order regular case management conferences filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. Lodged lodged order. (bp, ) (Entered: 04/15/2005)
2232005-04-11 DECLARATION of Andrew A. Kassof in support of EX PARTE APPLICATION for Review of Magistrate Judge's order compelling Pricewaterhousecoopers to produce documents and objections to portions of that order and request to order regular case management conferences 222 filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 04/15/2005)
2242005-04-11 CLASS PLAINTIFFS' STATEMENT IN ACCORDANCE with order dated 4/4/05 (bp, ) (Entered: 04/15/2005)
2252005-04-15 ORDER Denying defendants' ex parte application for review of Magistrate Judge's order compelling Pricewaterhousecoopers to produce documents and objections to portions of that order and request to order regulart case management conferences by Judge A. Howard Matz : 222 (bp, ) (Entered: 04/18/2005)
2262005-04-14 OPPOSITION to EX PARTE APPLICATION for Review of Magistrate Judge's order compelling Pricewaterhousecoopers to produce documents and objections to portions of that order and request to order regular case management conferences 222 filed by class plaintiffs David Barton. (bp, ) (Entered: 04/19/2005)
2272005-04-19 MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz: Status Conference set for 4/27/2005 3:00 p.m. before Honorable A. Howard Matz. Court Reporter: N/A.(smo, ) (Entered: 04/19/2005)
2282005-04-19 NOTICE of defendants' proposed correction of factual record and modification of order compelling Pricewaterhousecoopers to produce documents filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 04/21/2005)
2292005-04-19 DECLARATION of John Ernst Tangren in support of defendants' report re production under 3/21/05 order filed by Defendant Conseco Life Insurance Company. (bp, ) (Entered: 04/21/2005)
2302005-04-19 Report of RE production under 3/21/05 order filed by Defendant Conseco Life Insurance Company. (bp, ) (Entered: 04/21/2005)
2312005-04-25 NOTICE OF MOTION AND MOTION to Strike defendants' unauthorized submission and alternative response filed by class plaintiffs' David Barton. (bp, ) (Entered: 04/27/2005)
2322005-04-22 RESPONSE filed by Plaintiff David Barton to Report re production under 3/21/05 order 230 (bp, ) (Entered: 04/27/2005)
2332005-04-26 REPLY filed by Defendant Conseco Life Insurance Company to Report re production under 3/21/05 order 230 (bp, ) (Entered: 04/27/2005)
2342005-04-26 DECLARATION of John Ernst in support of Reply to the report re production under 3/31/05 order 233 , filed by Defendant Conseco Life Insurance Company. (bp, ) (Entered: 04/27/2005)
2352005-04-26 ORDER RE: Certification of "National Class. The court hereby certifies the following National class to causes of action one and seven in the CAC by Judge A. Howard Matz, (see document for details)(bp, ) (Entered: 04/27/2005)
2362005-04-27 ORDER by Judge A. Howard Matz : granting in part and denying in part 106 Motion to Certify (bp, ) (Entered: 04/27/2005)
2372005-04-27 NOTICE OF MOTION AND MOTION for certification of interlocutory appeal filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 04/28/2005)
2382005-04-27 NOTICE OF MOTION re MOTION to Certify 237 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 04/28/2005)
2392005-04-27 NOTICE of original signature page to declaration of John Ernst Tangren in support of defendants' reply re their report re production under 3/21/05 order filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 04/28/2005)
2402005-04-27 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. re MOTION to Certify 237 , Notice of Motion 238 , Notice (Other), Notice (Other) 239 , was served on 4/27/05. (bp, ) (Entered: 04/28/2005)
2412005-04-27 MINUTES OF Status Conference held before Judge A. Howard Matz: Court orders the parties to order a transcript of this hearing and to split the cost amongst themselves. Court sets a further status conference for June 8, 2005 at 2:00 p.m. If this date is unavailable to the parties, by not later than May 11, 2005, counsel should notify the Deputy Clerk and the further status conference will then be continued to June 22, 2005 at 2:00 p.m.Court Reporter: Leslie A. King. (smo, ) (Entered: 04/28/2005)
2422005-05-02 STIPULATION AND ORDER that paragraph 1 of the protective order be amended to add a new sub-paragraph (f), which states: documents produced by PricewaterhouseCoopers LLP, by Judge A. Howard Matz :(bp, ) (Entered: 05/03/2005)
2432005-05-03 MINUTES: The court has received Conseco, Inc.'s motion for certification of interlocutory appeal. If plaintiffs wish to oppose the motion, they must do so by filing an opposition by not later than Monday, 5/9/05. At that point, the court will take the matter under submission and rule on the papers. Judge A. Howard Matz : Court Reporter: N/A. (bp, ) (Entered: 05/03/2005)
2442005-05-03 EX PARTE APPLICATION for an Order protecting attorney-client privileged documents and work product, or for clarification of order compelling Pricewaterhousecooper to produce documents filed by defendants' Conseco Life Insurance Company. Lodged lodged proposed order. (bp, ) (Entered: 05/05/2005)
2452005-05-04 ORDER DENYING CONSECO'S MOTION TO CORRECT FACTUAL ERRORS by Judge James W. McMahon: Defendants' proposed correction of factual record and modification of order compelling Pricewaterhouse Coopers LLP to produce documents, filed April 19, 2005, construed as a motion to correct factual errors in the magistrate judge's Order Compelling Pricewaterhouse Coopers LLP to Produce Documents, filed April 4, 2005, is denied. (See document for further details)(afl, ) (Entered: 05/09/2005)
2462005-05-04 ORDER DENYING CONSECO'S EX PARTE APPLICATION FOR ORDER RE ATTORNEY-CLIENT PRIVILEGED DOCUMENTS by Judge James W. McMahon : The ex parte application of defendants Conseco Life Insurance company and Conseco, Inc. for an order protecting attorney-client privileged documents and work product, etc., filed May 3, 2005, is denied. 244 (See document for further details) (afl, ) (Entered: 05/09/2005)
2472005-05-09 OPPOSITION to MOTION to Certify 237 filed by class plaintiffs David Barton. (bp, ) (Entered: 05/12/2005)
2482005-05-12 MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : Court continues the further status conference from June 8, 2005 to June 22, 2005 at 2:00 p.m.Court Reporter: Not Reported. (smo, ) (Entered: 05/12/2005)
2492005-05-05 ORDER OF DISMISSAL by Judge A. Howard Matz, That Jack Alfonso's notice of voluntary dismissal without prejudice on the above styled case is granted. (yc, ) (Entered: 05/13/2005)
2502005-05-20 STIPULATION AND ORDER to amend stipulated protective order governing confidentiality. The parties and Lazard, by and through their undersigned counsel, hereby stipulate that paragraph 1 of the protective order be amended to add a new sub-paragraph (g), which states: documents produced by Lazard Freres & Co., LLC by Judge A. Howard Matz :(bp, ) (Entered: 05/23/2005)
2512005-05-20 STIPULATION AND ORDER that the parties will advise the court in writing whether or not they have reached agreement on the form and content of class notice na lodge any agreed upon class notice on or before 6/3/05. In the event the parties are unable to agree on the form an content of the class notice, on or before 6/8/05, the parties will ldoge their respective proposed class notices and file a joint statement (not to exceed 10 pages in total) describing the issues on which the parties disagree and setting forth the parties respective positions on such issues by Judge A. Howard Matz :(bp, ) (Entered: 05/23/2005)
2522005-05-20 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 4/27/05 Court Reporter: Leslie A. King (nm, ) (Entered: 05/24/2005)
2532005-05-20 TRANSCRIPT filed for proceedings held on 4/57/05. Court Reporter: Leslie a. King. (nm, ) (Entered: 05/24/2005)
2542005-05-05 NOTICE of Voluntary Dismissal Without Prejudice filed by Plaintiff Jack Alfonso of the instant action as to all parties. [This document relates to CV 04-06692 AHM (Mcx)] (gk, ) (Entered: 05/24/2005)
2552005-05-19 NOTICE of substitution of counsel. Attorney Marvin H. Schiff of Schiff law offices will be representing Donald King in the above-captioned matter and substituted for attorney Blake A. Dickson filed by plaintiff King. (bp, ) (Entered: 05/25/2005)
2562005-05-31 NOTICE re: class notice in accordance with order dated 5/20/05 filed by plaintiffs' David Barton. (bp, ) (Entered: 06/03/2005)
2572005-06-09 NOTICE: Joint submission of agreed upon proposed class notice filed by plaintiffs' David Barton. (bp, ) (Entered: 06/14/2005)
2582005-06-17 REQUEST for supplemental notice or to permit mailing to Hawaii class members filed by plaintiff King. (bp, ) (Entered: 06/23/2005)
2592005-06-22 MINUTES OF Status Conference held before Judge A. Howard Matz : Court and counsel confer regarding proposed Notice of Class Action. After certain modifications are made, plaintiffs are to submit a revised notice. Court DENIES the Arakaki plaintiffs' request for supplemental notice or to permit mailing to Hawaii class members 258 .Court Reporter: Leslie A. King. (smo, ) (Entered: 06/24/2005)
2602005-05-31 MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : Defendants' MOTION for Certification of an Interlocutory Appeal is DENIED 237 . Court Reporter: Not Reported. (smo, ) (Entered: 06/24/2005)
2612005-06-20 OPPOSITION to REQUEST for Order 258 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 06/27/2005)
2622005-06-21 NOTICE of bankruptcy court order filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 06/27/2005)
2632005-06-21 OPPOSITION to Arakaki plaintiffs' request for supplemental notice or to permit mailing to Hawaii class members 258 filed by Plaintiff David Barton. (bp, ) (Entered: 06/27/2005)
2642005-06-24 STIPULATION AND ORDER that the deadline for opening expert witness disclosure by the party bearing the burden of proofs is September 6, 2005, the deadline for rebuttal expert witness disclosure is 9/26/05, and the expert discovery cut-off is 10/21/05 by Judge A. Howard Matz :(bp, ) (Entered: 06/27/2005)
2652005-06-24 NOTICE of filing of amended agreed upon [proposed] class notice filed by plaintiffs' David Barton. (bp, ) (Entered: 06/28/2005)
2662005-06-28 MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz :, Court approves the attached class notice in this matter 259 .Court Reporter: Not Reported. (smo, ) (Entered: 06/28/2005)
2672005-06-30 MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : On 6/28/2005, the Leslie C. Garland v. Conseco Life Insurance Company was transferred to this court from the Hon. Percy Anderson as a related action to MDL 04-1610-AHM(MCx), In re: Conseco Life Insurance Co. Costs of Insurance Litigation. Attached hereto is a copy of the August 24,2004 Case Management Order No. 1 and Order Appointing Lead Counsel together with a revised Exhibit A that was issued in the MDL action. (yl, ) (Entered: 07/05/2005)
2682005-06-21 ORDER from 9th CCA filed as to Conseco Life Ins., CCA # 05-80040. Order received in this district on 06/24/05. The court, in its discretion, denies the petition for permission to appeal the district court 04/26/05, and 04/27/05 order, granting class action certification. (cbr, ) (Entered: 07/05/2005)
2692005-07-22 NOTICE OF MOTION AND MOTION to Continue discovery and trial schedule by six months filed by defendants Conseco Life Insurance Company. (bp, ) (Entered: 07/26/2005)
2702005-07-22 DECLARATION of Christopher M. R. Turner in support of MOTION to Continue discvoery and trial schedule 269 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 07/26/2005)
2712005-07-22 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company. re MOTION to Continue discvoery and trial schedule 269 , Declaration (Motion related) 270 , was served on 7/22/05. (bp, ) (Entered: 07/26/2005)
2722005-07-26 ORDER by Judge A. Howard Matz : After consideration of the defendants' motion requesting a status conference to discuss the schedule and bifurcation of the alter ego issues in this case, Court has determined that a scheduling conference is necessary to discuss the schedule in this case, and changes to the schedule, and to hear arguments regarding bifurcation of the alter ego claim of the Class Plaintiffs. Defendants' request for a scheduling conference 269 is thus GRANTED. The scheduling conference will take place at a date to be determined later on. Meanwhile, all dates previously scheduled are extended for 91 days (13 weeks). (smo, ) (Entered: 07/26/2005)
2732005-08-04 MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : On 6/27/05, Barry A. Feinberg, etc. v. Conseco Life Insurance Company, CV05-4632-AHM (Mcx), was transferred to this Court from the N.D of Illinois as a related action to MDL 04-1610-AHM (Mcx), In re: Conseco Life Insurance Co. Cost of Insurance Litigation. Attached hereto is a copy of the 8/24/04 Case Management Order No. 1 and Order Appointing Lead Counsel together with a revised Exhibit A that was issued in the MDL action.Court Reporter: Not Reported. (smo, ) (Entered: 08/04/2005)
2742005-08-10 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 6/22/05 Court Reporter: Leslie A. King (mo, ) (Entered: 08/10/2005)
2752005-08-10 TRANSCRIPT filed for proceedings held on 6/22/05. Court Reporter: Leslie A. King. (mo, ) (Entered: 08/10/2005)
2762005-08-05 NOTICE of bankruptcy court ruling re jurisdiction filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 08/10/2005)
2772005-08-09 NOTICE OF MOTION AND MOTION to Compel compliance with subpoena served on Milliman, Inc. filed by class plaintiffs' David Barton. Motion set for hearing on 9/7/2005 at 09:30 AM before Magistrate Judge James W. McMahon. (bp, ) (Entered: 08/10/2005)
2782005-08-09 JOINT STIPULATION RE: MOTION to Compel 277 filed by plaintiffs' David Barton. (bp, ) (Entered: 08/10/2005)
2792005-08-09 JOINT EXHIBITS IN CONNECTION WITH STIPULATION RE: MOTION to Compel 277 filed by plaintiffs' David Barton. (bp, ) (Entered: 08/10/2005)
2802005-08-24 MEMORANDUM in further Support of MOTION to Compel 277 filed by class plaintiffs' David Barton. (bp, ) (Entered: 08/25/2005)
2812005-08-30 NOTICE OF DISCREPANCY AND ORDER: by Judge A. Howard Matz, ORDERING plaintiffs' 1st amended complaint submitted by Plaintiff David Barton received on 8/29/05 is not to be filed but instead rejected. Denial based on: a consolidated amended complaint on file.(bp, ) (Entered: 08/31/2005)
2822005-08-29 APPLICATION for attorney David B. Rodes to Appear Pro Hac Vice. FEE paid. filed by plaintiff Dan Frankel. Lodged lodged proposed order. (bp, ) (Entered: 08/31/2005)
2832005-08-29 NOTICE of appearance of counsel for class member Dan Frankel filed by class member Dan Frankel. (bp, ) (Entered: 08/31/2005)
2842005-08-29 APPLICATION for attorney Howard M. Louik to Appear Pro Hac Vice. FEE paid. filed by National Class Member Dan Frankel. Lodged proposed order. (bp, ) (Entered: 08/31/2005)
2852005-08-30 ORDER by Judge A. Howard Matz : granting 284 Application to Appear Pro Hac Vice by Attorney Howard M. Louik on behalf of plaintiff, designating Bruce I. Favish as local counsel. (bp, ) (Entered: 08/31/2005)
2862005-08-30 ORDER by Judge A. Howard Matz : granting 282 Application to Appear Pro Hac Vice by Attorney David B. Rodes on behalf of Plaintiff, Dan Frankel, designating Bruce I. Favish as local counsel. (bp, ) (Entered: 08/31/2005)
2872005-08-30 NOTICE OF DISCREPANCY AND ORDER: by Judge A. Howard Matz, ORDERING demand for jury trial submitted by Plaintiff David Barton received on 8/29/05 is not to be filed but instead rejected. Denial based on: lacking name, address, phone number and facsimile numbers.(bp, ) (Entered: 08/31/2005)
2882005-09-06 ORDER RESETTING HEARING ON MOTION by Judge James W. McMahon: On the court's own motion, the motion of the class plaintiffs to compel compliance with subpoena served on Milliman, Inc., is reset for hearing on September 13, 2005 at 9:30 a.m. before Magistrate Judge McMahon in Courtroom 580. 277 (afl, ) (Entered: 09/07/2005)
2892005-09-06 Letter from Ron Schindler member of plaintiffs' case against Conseco Life Insurnace (bp, ) (Entered: 09/09/2005)
2902005-09-08 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING letter to court submitted by Ron Schindler received on 9/6/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 09/09/2005)
2912005-09-09 ORDER TAKING DISCOVERY MOTION OFF CALENDAR by Judge James W. McMahon : On the court's own motion, the motion of class plaintiffs to compel compliance with subpoena served on Milliman, Inc., now scheduled for hearing on September 13, 2005, is ordered off-calendar for failure of the moving party meaningfully to comply with the requirements of pre-filing conference as set forth in Local Rule 37-1. (See document for further details) 277 (afl, ) (Entered: 09/12/2005)
2922005-09-08 NOTICE of bankruptcy court ruling re jurisdiction filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 09/14/2005)
2932005-09-13 NOTICE of filing of memorandum opinion and order of honorable Carol A. Doyle, United States Bankruptcy Judge filed by plaintiffs' David Barton. (bp, ) (Entered: 09/20/2005)
2942005-09-19 NOTICE of change of firm address as follows: Lerach Coughlin Stoia Geller Rudamn and Robbins will have relocated its San Diego office as shown below: Lerach Coughlin Soia Geller Rudman and Robbins, 655 West Broadway, Suite 1900, San Diego, CA 92101 filed by plaintiff David Barton. (bp, ) (Entered: 09/21/2005)
2952005-10-04 STIPULATION AND ORDER RE AMENDED PRE-TRIAL SCHEDULE AND TRIAL DATE by Judge A. Howard Matz: Non-expert Discovery cut-off 1/31/2006. Last day for hearing motions 6/5/2006. Proposed Pretrial Order due by 6/5/2006. Jury Trial set for 7/11/2006 08:00 AM before Honorable A. Howard Matz. Pretrial Conference set for 6/19/2006 11:00 AM before Honorable A. Howard Matz.(bp, ) (Entered: 10/05/2005)
2962005-10-05 STIPULATION AND ORDER that paragraph 1 of the protective order be amended to add a new su-paragraph (h), which states: "documents produced by JPMorgan Chase Bank, N.A." by Judge A. Howard Matz :(bp, ) (Entered: 10/06/2005)
2972005-11-01 NOTICE of change of attorney information as follows: Edward M. Medvene, counsel of record in the above-entitled cause of action for the following parties Edward M. Medvene; Sherwin Samuels, Miles Rubin as Trustees of the Edward Medvene 1984 Insurance Trust, 1014 South Westlake Boulevard, Suite 14-185, Westlake, CA 91361. (bp, ) (Entered: 11/03/2005)
2982005-11-23 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by John T. Hickey, Jr. as counsel for Defendant Conseco Life Insurance Company, designating Brent Caslin as local counsel. Fee paid. Approved by Judge A. Howard Matz.(bp, ) (Entered: 11/23/2005)
2992005-11-22 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company, re Application and Order for PHV Attorney (GG-64) - Approved 298 , was served on 11/22/05. (bp, ) (Entered: 11/28/2005)
3002005-12-07 NOTICE OF MOTION AND MOTION to Compel Milliman, Inc., to comply with subpoena dated 6/12/05 and 7/5/05 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Dan Frankel, Glucksman. Motion set for hearing on 12/28/2006 at 09:30 AM before Magistrate Judge James W. McMahon. (bp, ) (Entered: 12/08/2005)
3012005-12-07 DECLARATION of Timothy P. Dillon in support of MOTION to Compel 300 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Dan Frankel, Glucksman. (bp, ) (Entered: 12/08/2005)
3022005-12-07 SEALED DOCUMENT - JOINT STIPULATION RE: MOTION to Compel 300 filed by plaintiffs' King, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Dan Frankel, Glucksman. ***FILED UNDER SEAL*** (bp, ) Modified on 10/8/2009 (sm). (Entered: 12/08/2005)
3032005-12-07 SEALED DOCUMENT - JOINT EXHIBITS IN SUPPORT OF THE JOINT STIPULATION RE MOTION to Compel 300 filed by plaintiffs' King, Gomer, Edwin Jacob Garn, David Barton, Dan Frankel, Glucksman. (bp, ) Modified on 10/8/2009 (sm). (Entered: 12/08/2005)
3042005-12-15 NOTICE of Continuance of Motion of Class Plaintiffs to Compel Milliman, Inc. to Comply with Subpoenae Dated June 12 and July 5, 2005 300 reset from December 28, 2005 to January 10, 2006 at 9:30 a.m. before Magistrate Judge McMahon in Courtroom 580 in the Roybal Federal Building. (afl, ) (Entered: 12/15/2005)
3052005-12-14 MEMORANDUM in further Support of MOTION to Compel 300 filed by class plaintiffs David Barton. (bp, ) (Entered: 12/16/2005)
3062006-01-03 STIPULATION AND ORDER: The deadline for opening expert witness disclosures is extended to 3/3/06, (ii) the deadline for rebuttal expert witness disclosures is extended to 3/27/06, (iii) the deadline for expert discovery cut-off is extended to 4/20/06, (iv) the last day for hand serving motions and filing (other than motions in limine) is extended to 4/27/06, and (v) all other deadlines shall remain as set forth in the court's 10/3/05 order by Judge A. Howard Matz :(bp, ) (Entered: 01/04/2006)
3072006-01-05 MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : The Court will preside over a Status Conference on 1/19/06 at 3:00 p.m. By not later than noon, 1/17/05, the parties shall submit a Joint Status Report (courtesy copy to chambers), not to exceed ten pages, describing or summarizing (or explaining, as the case may be) the following: (1) Concerning settlement, what additional assistance the Court could provide that the previous mediator(s) are not in a position to provide?; (2) What kinds of written submissions re settlement were previously provided to the mediator(s) (if any)?; (3) Whether they think a court-appointed (party-compensated) actuarial expert or technical advisor would be helpful; (4) Whether there are any considerations arising out of the certifications of the National and California classes that could affect the propriety of the Court acting as a settlement judge; (5) The status of discovery; and (6) The parties' abilities to comply with the existing Scheduling Order. Court Reporter: Not Reported. (smo, ) (Entered: 01/05/2006)
3082006-01-03 FURTHER MEMORANDUM RE MOTION to Compel 300 filed by class plaintiffs'. (bp, ) (Entered: 01/09/2006)
3092006-01-06 ORDER RE; DISCOVERY MOTION by Magistrate Judge James W. McMahon : granting 300 Motion to Compel. On the Court's own motion, the court dispenses oral argument with respect to the motion of class plantiffs to compel Milliman, Inc. to comply with subpoenae dated June 12 and July 5, 2005, previously calendared for hearing on 1/10/2006. The motion is taken under submission and decided forthwith. The class plaintiffs have withdrawn their motion to compel Milliman to comply with the subpoena, dated July 5, 2005. The motion of the class plaintiffs to compel Milliman to comply with the subpoena, dated June 12, 2005, is GRANTED to the extent requested by the moving class plaintiffs. Third party Milliman, Inc. is ordered on or before January 20, 2006 to produce all documents listed in items 1 through 26, inclusive, in Exhibit A to the Class Plaintiffs' Memorandum in Further Support, etc., field December 14, 2005. [PLEASE SEE ORDER FOR COMPLETE DETAILS] (lw, ) (Entered: 01/09/2006)
3102006-01-11 MINUTES: On 12/8/06, the A.E. Ventures for Archie Murakami, et al, v. Conseco, Inc., CV05-1850-AHM(Mcx), was transferred to this court from the D. of Hawaii as a related action to MDL04-1610-AHM(Mcx), In re: Conseco Life Insurance Co. cost of insurance litigation. Attached hereto is a copy of the 8/24/04 case management order no.1 and order appointing lead counsel together with a revised exhibit A that was issues in the MDL action. Judge A. Howard Matz : Court Reporter: Not reported. (bp, ) (Entered: 01/12/2006)
3112006-01-11 NOTICE OF OBJECTION to complaint filed by Defendant Conseco Life Insurance Company. (bp, ) (Entered: 01/13/2006)
3122006-01-12 NOTICE OF MOTION AND MOTION for Partial Summary Judgment on issues of liability as to plaintiffs' first, second, third, fourth, and fifth causes of action filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. Motion set for hearing on 2/6/2006 at 10:00 AM before Judge A. Howard Matz. Lodged proposed statement of uncontroverted facts; proposed order. (bp, ) (Entered: 01/13/2006)
3132006-01-12 DECLARATION of Nicole L. Harris in support of MOTION for Partial Summary Judgment 312 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 01/13/2006)
3142006-01-12 DECLARATION of Edward M. Medvene in support of MOTION for Partial Summary Judgment 312 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 01/13/2006)
3152006-01-12 APPENDIX OF NON-FEDERAL AUTHORITIES IN SUPPORT OF MOTION for Partial Summary Judgment 312 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 01/13/2006)
3162006-01-13 NOTICE OF ERRATA Regarding Defendants Notice of Objection to complaint 311 filed by Defendant Conseco Life Insurance Company. (jp, ) (Entered: 01/18/2006)
3172006-01-17 JOINT STATUS REPORT filed by Defendant Conseco Life Insurance Company. (bp, ) (Entered: 01/19/2006)
3182006-01-19 NOTICE OF MOTION AND MOTION for Summary Judgment based on the Dupell release, or in the alternative motion in limine filed by defendants' Conseco Life Insurance Company. Motion set for hearing on 2/27/2006 at 10:00 AM before Judge A. Howard Matz. Lodged proposed statement and judgment. (bp, ) (Entered: 01/20/2006)
3192006-01-19 MEMORANDUM in Support of MOTION for Summary Judgment 318 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 01/20/2006)
3202006-01-19 DECLARATION of Brent Caslin in support of MOTION for Summary Judgment 318 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 01/20/2006)
3212006-01-19 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company, re Declaration (Motion related) 320 , MOTION for Summary Judgment 318 , Memorandum in Support of Motion 319 , was served on 1/19/06. (bp, ) (Entered: 01/20/2006)
3222006-01-19 MINUTES OF Status Conference held before Judge A. Howard Matz : Court and counsel confer regarding their request for the Court to act as the mediator in a proposed settlement conference. The Court agrees to act as the settlement officer and sets a settlement conference date of 2/9/06 at 9:00 a.m. By not later than 1/26/06, the parties are to provide the Court with materials previously submitted to the prior mediators, Panelli and Krivis, together with their respective contact information. In addition, the parties are to exchange settlement offers and lodge with the Court, by not later than 1/30/06, their respective responses. The parties' individual, confidential submissions shall be lodged with the Court by not later than 2/6/06. The parties are also to submit a stipulation and order regarding the Court's role as mediator and the parties' consent to the various ex parte communications.Court Reporter: Leslie A. King. (smo, ) (Entered: 01/20/2006)
3232006-01-18 Mail Returned addressed to Gillian N Rattray re 307 Set Deadlines/Hearings,,,,, In Chambers Order/Directive - no proceeding held,,,, (bp, ) (Entered: 01/24/2006)
3242006-01-18 Mail Returned addressed to Gillian N. Rattay re 306 Stipulation and Order, (bp, ) (Entered: 01/24/2006)
3252006-01-20 MINUTES by Judge A. Howard Matz; On 12/9/06 the William J Harte v Conseco Life Insurance Company CV05-8615 AHM(JTLx) was transferred to this Court from the N/D of IL as a related action to MDL 04-1610 AHM(Mcx). On 1/18/06 the transferred file was received by this Court. Attached hereto is a copy of the 8/24/04 Case Management Order No 1 and Order Appointing Lead Counsel together with a revised Exhibit A that was issued in the MDL action.Court Reporter: n/a. (jag, ) (Entered: 01/24/2006)
3262006-01-24 Mail Returned addressed to Gillian N. Rattay re 306 Stipulation and Order, (bp, ) (Entered: 01/24/2006)
3272006-01-23 STIPULATION AND ORDER regarding expert discovery by Judge James W. McMahon :(bp, ) (Entered: 01/24/2006)
3282006-01-23 STIPULATION AND ORDER regarding inadvertent production of documents in electronic discovery by Judge James W. McMahon :(bp, ) (Entered: 01/24/2006)
3292006-01-26 STIPULATION AND ORDER: On or before 2/28/06, the class plaintiffs and the Medvene plaintiffs shall file their respective oppositions to the Dupell motion. On or before 3/13/06, defendants shall file their reply in support of the Dupell motion. After reviewing the papers the court will make notify the parties of the hearing date. Meanwhile, the current hearing date of 2/27/06 is vacated by Judge A. Howard Matz :(bp, ) (Entered: 01/26/2006)
3302006-01-26 STIPULATION AND ORDER re briefing schedule on motions for summary adjudication and for summary judgment by Judge A. Howard Matz :(bp, ) (Entered: 01/26/2006)
3312006-01-26 MINUTES: The court continues plaintiffs Edward M. Medvene, Sherwin Samuels, and Miles Rubin's motion for partial summary judgment on issues of liability as to plaintiffs' first, second, third, fourth, and fifth causes of action from 3/13/06 to 3/20/06 at 10:00 a.m. 312 ., Judge A. Howard Matz.Court Reporter: Not reported. (bp, ) (Entered: 01/27/2006)
3322006-01-27 STIPULATION AND ORDER regarding conduct of settlement proceedings before court by Judge A. Howard Matz :(bp, ) (Entered: 01/27/2006)
3332006-01-25 NOTICE of change of attorney information as follows: Blake Muir Harper, 550 West C Street, Suite 1600, San Diego, CA 92101 filed by plaintiff Edwin Jacob Garn. (bp, ) (Entered: 01/31/2006)
3342006-01-30 Mail Returned addressed to Gillian N. Rattray re 310 In Chambers Order/Directive - no proceeding held, (bp, ) (Entered: 02/06/2006)
3352006-02-06 Further ORDER re: Settlement Procedures by Judge A. Howard Matz: Having read the materials the parties have lodged thus far, the Court ORDERS counsel on each side to meet and confer and by not later than noon on Wednesday, 2/8/06, deliver to the Court a jointly prepared statement containing the following:(1) Illustrations of their respective non-confidential (i.e., Plaintiffs' 1/26/06 and Defendants' 12/14/05) "in-force" proposals. It would be helpful for the parties to agree on, say, two typical policies and policyholders and using those hypotheticals discuss how the proposal would work. (2) Definitions of the following terms: mortality gain; mortality loss; capital allocation; shock lapses; lapse supported; and policy cell. (3) An agreed-to list of the terms and conditions which they jointly propose (or do not oppose).(smo, ) (Entered: 02/06/2006)
3362006-02-08 MEMORANDUM in Opposition to MOTION for Partial Summary Judgment 312 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 02/09/2006)
3372006-02-08 STATEMENT of genuine issues in opposition to MOTION for Partial Summary Judgment 312 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 02/09/2006)
3382006-02-08 DECLARATION of Douglas G. Smith in support of opposition to MOTION for Partial Summary Judgment 312 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 02/09/2006)
3392006-02-08 EXPARTE APPLICATION and motion for a One-Week Extension of Time to respond to motions for summary adjudication and for summary judgment filed by defendant Conseco Life Insurance Company. Lodged proposed order. (bp, ) (Entered: 02/10/2006)
3402006-02-08 NOTICE of ex parte notice of motion for a one-week extension of time to respond to motions for summary adjudication and for summary judgment filed by defendant Conseco Life Insurance Company. (bp, ) (Entered: 02/10/2006)
3412006-02-08 DECLARATION of Andrew A. Kassof in support of EXPARTE APPLICATION for Extension of Time to File Response/Reply 339 filed by defendant Conseco Life Insurance Company. (bp, ) (Entered: 02/10/2006)
3422006-02-08 PROOF OF SERVICE filed by defendant Conseco Life Insurance Company, re EXPARTE APPLICATION for Extension of Time to File Response/Reply 339 , Notice (Other) 340 , Declaration (Motion related) 341 , was served on 2/8/06. (bp, ) (Entered: 02/10/2006)
3432006-02-09 MINUTES OF Settlement Conference held before Judge A. Howard Matz : Court extends defendant Conseco's deadline to file their cross-motion for partial summary judgment to 2/15/06. As a result, their ex parte application for an extension of time to file their opposition and cross-summary judgment motion is VACATED as moot 339 . Settlement held. After lengthy negotiations, no settlement is reached. Court Reporter: Leslie A. King. (smo, ) (Entered: 02/10/2006)
3442006-02-09 NOTICE OF MOTION AND MOTION for Summary Judgment on issue full policy surrender and release filed by defendants' Conseco Life Insurance Company. Motion set for hearing on 3/20/2006 at 10:00 AM before Judge A. Howard Matz. Lodged proposed order and statement of u/f. (bp, ) (Entered: 02/13/2006)
3452006-02-09 MEMORANDUM in Support of MOTION for Summary Judgment 344 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 02/13/2006)
3462006-02-09 DECLARATION of A. Katherine Jakola in support of MOTION for Summary Judgment 344 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 02/13/2006)
3472006-02-09 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company, re MOTION for Summary Judgment 344 , Memorandum in Support of Motion 345 , Declaration (Motion related) 346 , was served on 2/9/06. (bp, ) (Entered: 02/13/2006)
3482006-02-14 STIPULATION AND ORDER Continuing by Judge A. Howard Matz: Expert Discovery cut-off 6/12/2006. Last day for hearing motions 7/31/2006. Proposed Pretrial Order due by 7/31/2006. Jury Trial set for 9/5/2006 08:00 AM before Judge A. Howard Matz. Pretrial Conference set for 8/14/2006 11:00 AM before Judge A. Howard Matz.(bp, ) (Entered: 02/15/2006)
3492006-02-15 NOTICE OF MOTION AND CROSS- MOTION for Summary Adjudication filed by defendants' Conseco Life Insurance Company. Motion set for hearing on 3/20/2006 at 10:00 AM before Judge A. Howard Matz. Lodged proposed statement and order. (bp, ) (Entered: 02/21/2006)
3502006-02-15 MEMORANDUM in Support of MOTION for Summary Adjudication 349 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 02/21/2006)
3512006-02-15 DECLARATION of Andrew A. Kassof in support of MOTION for Summary Adjudication 349 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 02/21/2006)
3522006-02-15 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company, re MOTION for Summary Adjudication 349 , Memorandum in Support of Motion 350 , Declaration (Motion related) 351 , was served on 2/15/06. (bp, ) (Entered: 02/21/2006)
3532006-02-28 OPPOSITION to MOTION for Summary Judgment 318 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 03/02/2006)
3542006-02-28 RESPONSE to the statement of uncontroverted facts and conclusions of law in support of MOTION for Summary Judgment 318 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 03/02/2006)
3552006-02-28 APPENDIX OF NON-FEDERAL AUTHORITIES IN SUPPORT OF OPPOSITION TO MOTION for Summary Judgment 318 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 03/02/2006)
3562006-03-01 RESPONSE AND EVIDENTIARY OBJECTIONS OF PLAINTIFFS' TO THE STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF Motion for Summary Adjudication 349 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 03/02/2006)
3572006-03-01 RESPONSE AND EVIDENTIARY OBJECTIONS OF PLAINTIFFS TO THE STATEMENT OF GENUINE ISSUES SUBMITTED BY CONSECO LIFE INSURANCE COMPANY RE MOTION for Summary Adjudication 349 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 03/02/2006)
3582006-03-01 APPENDIX OF NON-FEDERAL AUTHORITIES IN SUPPORT OF REPLY TO MOTION for Partial Summary Judgment 312 filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 03/02/2006)
3592006-03-01 REPLY IN SUPPORT OF MOTION for Partial Summary Judgment 312 filed by plaintiff Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 03/02/2006)
3602006-02-24 STATEMENT regarding MOTION for Summary Judgment 318 filed by plaintiffs' Conseco Life Insurance Company. (bp, ) (Entered: 03/06/2006)
3612006-03-08 REPLY to Arakaki and AE Ventures plaintiffs statement regarding motion for summary judgment based on the Dupell release 318 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 03/10/2006)
3622006-03-14 STIPULATION AND ORDER that (i) the opposition of class plaintiffs to these motions for summary judgment of defendants shall be served and filed on or before 3/28/06 and the reply papers of defendants, including their reply to the opposition of the plaintiffs in Medvene, shall be served and filed on or before 4/21/06; and (ii) the hearing date for these motions for summary judgment of defendants shall be scheduled upon further order of this court by Judge A. Howard Matz :(bp, ) (Entered: 03/14/2006)
3632006-03-14 STIPULATION AND ORDER by Judge A. Howard Matz : The parties shall engage in the settlement procedures and exchange of information and within the deadline as set forth above; and (ii) the pre-trial deadlines and trial date established by the order of this court dated 2/14/06 are hereby vacated and the pre-trial deadlines and trial date for this MDL proceeding are set forth on exhibit "A" attached hereto. Non-expert Discovery cut-off 5/15/2006. Last day for hearing motions 9/18/2006. Motions in Limine to be filed by 9/4/2006. Proposed Pretrial Order due by 9/18/2006. Jury Trial set for 10/24/2006 08:00 AM before Judge A. Howard Matz. Pretrial Conference set for 10/2/2006 11:00 AM before Judge A. Howard Matz.(bp, ) (Entered: 03/14/2006)
3642006-03-13 STATEMENT of RE: re MOTION for Partial Summary Judgment 312 filed by plaintiff Edward M Medvene. (bp, ) (Entered: 03/14/2006)
3652006-03-13 REPLY IN SUPPORT OF MOTION for Summary Adjudication 349 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 03/14/2006)
3662006-03-13 REPLY DECLARATION of Andrew A. Kassof in support of MOTION for Summary Adjudication 349 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 03/14/2006)
3672006-03-13 SUPPLEMENTAL DECLARATION of Andrew A. Kassof re MOTION for Summary Adjudication 349 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 03/14/2006)
3682006-03-13 DECLARATION of defendants' re MOTION for Summary Adjudication 349 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 03/14/2006)
3692006-03-13 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company, re Declaration (Motion related) 366 , Declaration (Motion related) 367 , Declaration (Motion related) 368 , Reply (Motion related) 365 , was served on 3/13/06. (bp, ) (Entered: 03/14/2006)
3702006-03-16 EX PARTE APPLICATION to Continue hearing date on plaintiff Edward Medvene's motion for summary judgment filed by plaintiff Edward M Medvene. Lodged proposed order. (bp, ) (Entered: 03/17/2006)
3712006-03-17 DECLARATION of Timothy P. Dillon in response to EX PARTE APPLICATION to Continue hearing date on plaintiff Edward Medvene's motion for summary judgment 370 filed by class plaintiffs Glucksman. (bp, ) (Entered: 03/20/2006)
3722006-03-17 RESPONSE to EX PARTE APPLICATION to Continue hearing date on plaintiff Edward Medvene's motion for summary judgment 370 filed by defendant Conseco Life Insurance Company Cost of Insurance Litigation. (bp, ) (Entered: 03/21/2006)
3732006-03-20 MINUTES OF Motion Hearing held before Judge A. Howard Matz : After questioning counsel regarding plaintiffs Edward M. Medvene, Sherwin Samuels, and Miles Rubin's MOTION for Partial Summary Judgment on Issues of Liability as to Plaintiffs' First, Second, Third, Fourth, and Fifth Causes of Action 312 and Conseco Life's Cross-MOTION for Summary Adjudication of Plaintiffs' Bad Faith Claim 349 , the Court takes them UNDER SUBMISSION to allow supplemental briefing. Plaintiff Medvene may file a supplemental "SGI," not to exceed five pages, by not later than 4/3/06. Defendants may file their response thereto, not to exceed five pages, by not later than 4/17/06. Thereafter, the Court will turn to the above motions. Court orders the parties to submit a stipulation and order regarding the effect of the Court's rulings on the pending Medvene cross-summary judgment motions on the class action. Court DENIES as MOOT Medvene's Ex Parte Application to Continue Hearing Date on Plaintiff Edward Medvene's Motion for Summary Judgment 370 . Court Reporter: Leslie A. King. (smo, ) (Entered: 03/24/2006)
3742006-03-29 MEMORANDUM of Points and Authorities in Opposition to MOTION for Summary Judgment 318 filed by plaintiffs' David Barton. (bp, ) (Entered: 03/30/2006)
3752006-03-29 STATEMENT of Genuine Issues in opposition to MOTION for Summary Judgment 318 filed by plaintiffs' David Barton. (bp, ) (Entered: 03/30/2006)
3762006-03-29 DECLARATION of Timothy P. Dillon in support of class plaintiffs' opposition to MOTION for Summary Judgment 318 filed by plaintiffs' David Barton. (bp, ) (Entered: 03/30/2006)
3772006-03-30 NOTICE OF MOTION AND CROSS MOTION for Summary Judgment on release defense filed by class plaintiffs' David Barton. (bp, ) (Entered: 04/04/2006)
3782006-03-30 SEALED DOCUMENT-STATEMENT of Controverted facts and conslusions of law in opposition to defendants' motion for summary judgment on issue of full policy surrender and release, and in support of class plaintiffs' cross-motion 344 , 377 (bp, ) (Entered: 04/04/2006)
3792006-03-30 SEALED DOCUMENT-MEMORANDUM in Opposition to Conseco's motion for summary judgment on issue of surrender form release, and in support of class plaintiffs' cross-motion for summary judgment 344 , 377 . (bp, ) (Entered: 04/04/2006)
3802006-03-30 SEALED DOCUMENT-DECLARATION of Andrew S. Friedman in support of class plaintiffs' memorandum in opposition to Conseco's motion for summary judgment on issue of surrender form release, and in support of plaintiffs' cross-motion for summary judgment 344 , 377 filed by class plaintiffs' David Barton. (bp, ) (Entered: 04/04/2006)
3812006-04-04 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : On 3/28/06, pursuant to this Court's briefing schedule, Plaintiffs filed an Opposition to Defendant's Motion for Summary Adjudication on the issue of policy surrender. At the same time Plaintiffs filed a Cross Motion for Summary Adjudication on the same issue. Plaintiffs' Memorandum supports both their Opposition and their Cross Motion. The issue addressed in both Plaintiffs' and Defendant's Motions is Defendant's affirmative defense that certain Conseco Life Policyholders who surrendered their policies and signed a release are precluded from bringing claims as members of the class. According to the current briefing schedule, Defendant's Reply is due on 4/21/06. In its Reply, Defendant shall address Plaintiffs' Cross Motion. Plaintiffs must obtain leave of Court to file a Reply to Conseco's Opposition to their Cross Motion. Court Reporter: Not Reported. (smo, ) (Entered: 04/04/2006)
3822006-04-03 SUUPLEMENTAL EVIDENTIARY SUBMISSION OF PLAINTIFFS EDWARD MEDVENE, SHERWIN SAMUELS, AND MILES RUBIN IN SUPPORT OF MOTION for Partial Summary Judgment 312 filed by plaintiffs' Edward M Medvene. (bp, ) (Entered: 04/05/2006)
3832006-04-03 SUPPLEMENTAL BRIEF of plaintiff Edward Medvene pursuant to 3/20/06 order filed by plaintiffs' Edward M Medvene. (bp, ) (Entered: 04/05/2006)
3842006-04-03 DECLARATION of Edward M. Medvene in support of supplemental brief of plaintiff Edward Medvene pursuant to 3/20/06 order filed by Plaintiff Edward M Medvene. (bp, ) (Entered: 04/05/2006)
3852006-04-03 SEALED DOCUMENT-DECLARATION of Nicole L. Harris in support of supplemental brief of plaintiff Edward Medvene pursuant to 3/20/06 order filed by Plaintiff Edward M Medvene. (bp, ) . (Entered: 04/05/2006)
3862006-04-12 STIPULATION AND ORDER by Judge A. Howard Matz The rulings of this Court with respect to the pending cross-motions fro summary judgment in the Medvene action will not be used as collateral estoppel in the class litigation and the parties will not cite or refer to any scuh rulings or related findings to support or oppose either sides positions in the class litigation.(bg, ) (Entered: 04/12/2006)
3872006-04-12 STIPULATION AND ORDER that the reply papers of defendants on their pending motions for summary judgment shall be served and filed onor before 4/28/06 by Judge A. Howard Matz :(bp, ) (Entered: 04/13/2006)
3882006-04-07 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 03/20/06 Court Reporter: Leslie A. King (cbr, ) (Entered: 04/14/2006)
3892006-04-07 TRANSCRIPT filed for proceedings held on 03/20/06. Court Reporter: Leslie A. King. (cbr, ) (Entered: 04/14/2006)
3902006-04-17 DECLARATION of Andrew A. Kassof filed by Defendant Conseco Life Insurance Company. (bp, ) (Entered: 04/19/2006)
3912006-04-17 NOTICE of JPML order denying tranfer of Schwartz adversary proceeding filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 04/19/2006)
3922006-04-17 RESPONSE to plaintiffs' supplemental evidentiary submission and its own evidentiary submission filed by Defendant Conseco Life Insurance Company (bp, ) (Entered: 04/19/2006)
3932006-04-17 RESPONSE to plaintiffs supplemental brief pursuant to 3/20/06 order filed by Defendant Conseco Life Insurance Company (bp, ) (Entered: 04/19/2006)
3942006-04-17 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, re Declaration (non-motion) 390 , Notice (Other) 391 , Response (non-motion) 392 , Response (non-motion) 393 , was served on 4/17/06. (bp, ) (Entered: 04/19/2006)
3952006-04-24 STIPULATION for additional mediation sesssion with court filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 04/26/2006)
3962006-05-02 REPLY MEMORANDUM IN SUPPORT OF MOTION for Summary Judgment 344 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/04/2006)
3972006-05-02 RESPONSE to class plaintiffs' statement of uncontroverting facts and conclusions of law in opposition to defendants' motion for Summary Judgment 344 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/04/2006)
3982006-05-02 REPLY MEMORANDUM IN SUPPORT OF MOTION for Summary Judgment 318 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/04/2006)
3992006-05-02 DECLARATION of Sarah J. Donnell in support of defendants' reply memorandum in support of MOTION for Summary Judgment 318 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/04/2006)
4002006-05-02 DECLARATION of Sarah J. Donnell in support of defendants' response to medvene plaintiffs' evidentiary objectins and class plaintiffs statement of genuine issues re MOTION for Summary Judgment 318 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/04/2006)
4012006-05-02 RESPONSE to Medvene plaintiffs' evidentiary objections and class plaintiffs' statement of genuine issues on MOTION for Summary Judgment 318 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/04/2006)
4022006-05-02 DECLARATION of Sarah J. Donnell in support of defendants' reply memorandum in support of their motion for summary judgment on issues of full policy surrender and release 344 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/04/2006)
4032006-05-02 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company, re Response to Motion 397 , Reply (Motion related) 398 , Declaration (Motion related) 399 , Declaration (Motion related), Declaration (Motion related) 400 , Reply (Motion related) 396 , Response to Motion 401 , Declaration (Motion related) 402 , was served on 5/2/06. (bp, ) (Entered: 05/04/2006)
4042006-05-08 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : Pursuant to the parties' stipulation for an additional mediation session with the Court, filed 4/24/06, the Court hereby sets a Further Settlement Conference for Thursday, 5/11/06 at 10:00 a.m. before Judge A. Howard Matz.Court Reporter: Not Reported. (smo, ) (Entered: 05/08/2006)
4052006-05-03 NOTICE OF DISCREPANCY AND ORDER: by Judge A. Howard Matz, ORDERING notice of change of address submitted by Plaintiff David Barton received on 5/2/06 is not to be filed but instead rejected. Denial based on: does not comply with local rules of civil filing procedure.(bp, ) (Entered: 05/10/2006)
4062006-05-11 MINUTES OF Settlement Conference held before Judge A. Howard Matz : After lengthy negotiations, a settlement is reached.Court Reporter: Jennifer Cheshire. (smo, ) (Entered: 05/15/2006)
4072006-05-15 AMENDED MINUTES OF Settlement Conference held before Judge A. Howard Matz : Parties agree to continue exchanges in pursuit of settlement, which has not been achieved, notwithstanding Clerk's prior minutes to the contrary.Court Reporter: Jennifer Cheshire. (smo, ) (Entered: 05/16/2006)
4082006-07-18 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : The parties are ORDERED to report jointly to the Court on the progress of their efforts to settle. If the parties find it appropriate, their response shall include a timetable showing proposed dates for providing notice to the class, for obtaining Court approval, etc. The report shall be filed by not later than 7/28/06 and may be filed under seal. Court Reporter: Not Reported. (smo, ) (Entered: 07/18/2006)
4092006-07-31 SEALED DOCUMENTS - Joint Report of parties in accordance with Court order dated 7/18/06. (klg, ) (Entered: 08/01/2006)
4102006-08-01 SEALD DOCUMENT-Supplemtal Joint Report of parties in accordance with court order dated 7/18/06 filed by Defendant Conseco Life Insurance Company. (bp, ) (Entered: 08/08/2006)
4112006-08-01 SEALED DOCUMENT-CONFIDENTIAL Joint Report (bp, ) . Modified on 10/8/2009 (sm). (Entered: 08/08/2006)
4122006-08-01 NOTICE of filing confidential joint report re settlement progress re Medvene in camera filed by plaintiffs' Edward M Medvene, Miles Rubin, Sherwin Samuels. (bp, ) (Entered: 08/08/2006)
4132006-08-02 NOTICE of Change of Address: changing address to Milberg Weiss Bershad and Schulman, One California Plaza, 300 South Grand Avenue, Suite 3900, Los Angeles, CA 90071 for Sabrina S Kim and Jeff S Westerman. Filed by proposed interim class counsel and co-lead counsel. (ak, ) (Entered: 08/16/2006)
4142006-08-23 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING notice of ex parte application to intervene submitted by Intervenor received on 8/2/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 08/24/2006)
4152006-08-21 EX PARTE APPLICATION to Intervene filed by intervenor plaintiffs' Alfonso Tamayo, Gerald Stone. (bp, ) (Entered: 08/24/2006)
4162006-08-21 MEMORANDUM of law in Support of EX PARTE APPLICATION to Intervene 415 filed by plaintiff Alfonso Tamayo, Gerald Stone. (bp, ) (Entered: 08/24/2006)
4172006-08-21 DECLARATION of William M. Audet in support of EX PARTE APPLICATION to Intervene 415 filed by intervenor plantiff Alfonso Tamayo, Gerald Stone. (bp, ) (Entered: 08/24/2006)
4182006-08-21 PROOF OF SERVICE filed by intervenor plaintiff Alfonso Tamayo, Gerald Stone, re Declaration (Motion related) 417 , Memorandum in Support of Motion 416 , EX PARTE APPLICATION to Intervene 415 , was served on 8/18/06. (bp, ) (Entered: 08/24/2006)
4192006-08-23 ORDER Denying ex parte motion to intervene by Judge A. Howard Matz, 415 (bp, ) (Entered: 08/24/2006)
4202006-08-22 OPPOSITION to EX PARTE APPLICATION to Intervene 415 filed by plaintiffs' David Barton. (bp, ) (Entered: 08/25/2006)
4212006-08-22 DECLARATION of Andrew S. Friedman in opposition to EX PARTE APPLICATION to Intervene 415 filed by plaintiffs' David Barton. (bp, ) (Entered: 08/25/2006)
4222006-08-24 EX PARTE APPLICATION to unseal court record filed by intervenor plaintiffs' Alfonso Tamayo, Gerald Stone. Lodged proposed order. (bp, ) (Entered: 08/30/2006)
4232006-08-24 DISCLOSURE STATEMENT filed by Intervenor Plaintiffs Alfonso Tamayo, Gerald Stone (bp, ) (Entered: 08/30/2006)
4242006-08-24 PROOF OF SERVICE filed by intervenor plaintiffs' Alfonso Tamayo, Gerald Stone, re EX PARTE APPLICATION for Order for to unseal court record 422 , Disclosure 423 , was served on 8/24/06. (bp, ) (Entered: 08/30/2006)
4252006-08-23 OPPOSITION to EX PARTE APPLICATION to Intervene 415 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 08/30/2006)
4262006-08-29 NOTICE of appearance of William M. Audet and attorney Michael McShaneof Alexander, Hawes & Audet, LLC filed by intervenor plaintiffs' Alfonso Tamayo, Gerald Stone. (bp, ) (Entered: 08/31/2006)
4272006-08-29 PROOF OF SERVICE filed by intervenor plaintiffs' Alfonso Tamayo, Gerald Stone, re Notice (Other) 426 , was served on 8/28/06. (bp, ) (Entered: 08/31/2006)
4282006-08-29 OPPOSITION to EX PARTE APPLICATION for Order for to unseal court record 422 filed by class plaintiffs' David Barton. (bp, ) (Entered: 08/31/2006)
4292006-08-29 DECLARATION of Timothy P. Dillon in opposition to EX PARTE APPLICATION for Order for to unseal court record 422 filed by class plaintiffs' David Barton. (bp, ) (Entered: 08/31/2006)
4302006-08-29 OPPOSITION to EX PARTE APPLICATION for Order for to unseal court record 422 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 08/31/2006)
4312006-08-31 ORDER by Judge A. Howard Matz: Ordered that [proposed] Intervenor Plaintiffs Stone and Tamayo's motion 422 to unseal documents filed under seal in this action under docket nos. 409 and 410 is hereby DENIED.(smo, ) (Entered: 08/31/2006)
4322006-09-20 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 2/9/06 and 1/18/06 Court Reporter: Leslie King (dmap, ) (Entered: 09/25/2006)
4332006-09-25 TRANSCRIPT filed for proceedings held on 2/9/06. Court Reporter: Leslie A. King. (dmap, ) (Entered: 09/25/2006)
4342006-09-20 TRANSCRIPT filed for proceedings held on 1/18/06. Court Reporter: Leslie A. King. (dmap, ) (Entered: 09/25/2006)
4352006-10-05 STIPULATION AND ORDER that the dates for the final pretrial conference and trial of the action are vacated by Judge A. Howard Matz :(bp, ) (Entered: 10/05/2006)
4362006-11-08 SEALED DOCUMENT-CLASS PLAINTIFFS' STATUS REPORT. (bp, ) (Entered: 11/17/2006)
4372006-11-09 SEALED DOCUMENT-MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz :Court Reporter: N/A. (bp, ) (Entered: 11/20/2006)
4382006-11-27 AGREED REQUEST ORDER by Judge A. Howard Matz,FOR VOLUNTARY DISMISSAL WITH PREJUDICE: Sherwin Samuels; Edward M Medvene and Miles Rubin terminated.(yc, ) (Entered: 11/28/2006)
4392006-12-06 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : Pursuant to the parties' request for an additional mediation session with the Court, the Court hereby sets a Further Settlement Conference for Wednesday, 12/13/06 at 2:00 p.m. The agreed-to supplemental documents shall be lodged/filed by not later than noon, 12/7/06. Court Reporter: Not Reported. (smo, ) (Entered: 12/06/2006)
4402006-12-13 MINUTES OF Settlement Conference held before Judge A. Howard Matz : After lengthy negotiations, the mediation remains ongoing.Court Reporter: Leslie A. King. (smo, ) (Entered: 12/26/2006)
4412006-11-27 SEALED DOCUMENT-Report of Joint Report of the parties in accordance with court order. (bp, ) (Entered: 12/28/2006)
4422007-01-16 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : The court has reviewed the joint declaration of Timothy P. Dillon and Andrew S. Friedman, provided to the court pursuant to the court's directive on 12/13/06, along with the accompanying exhibits and related materials. This document complies with the court's requirements for support for the analyses and observations made at that mediation, as well as the agreement in principle that the parties reached.Court Reporter: N/A. (bp, ) (Entered: 01/17/2007)
4432007-01-23 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge John F. Walter ORDERING memorandum of law in support of motion for preliminary approval submitted by Defendant Conseco Life Insurance Company received on 1/22/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 01/23/2007)
4442007-01-22 MEMORANDUM of law in support of motoin for preliminary approval filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 01/24/2007)
4452007-01-23 NOTICE OF MOTION AND MOTION for preliminary approval of class action settlement filed by defendant Conseco Life Insurance Company. Motion set for hearing on 2/12/2007 at 01:30 PM before Judge A. Howard Matz. Lodged proposed order. (bp, ) (Entered: 01/24/2007)
4462007-01-23 MEMORANDUM of points and authorities in Support of MOTION for Order for preliminary approval of class action settlement 445 filed by plaintiffs' Conseco Life Insurance Company. (bp, ) (Entered: 01/24/2007)
4472007-01-23 DECLARATION of Timonty P. Dillon in support of joint MOTION for Order for preliminary approval of class action settlement 445 filed by plaintiffs David Barton. (bp, ) (Entered: 01/24/2007)
4482007-01-23 EXHIBIT "I" TO DECLARATION TIMOTHY P. DILLON IN SUPPORT OF MOTION for Order for preliminary approval of class action settlement 445 filed by plaintiffs' David Barton. (bp, ) (Entered: 01/24/2007)
4492007-01-23 EXHIBIT "J" TO DECLARATION TIMOTHY P. DILLON IN SUPPORT OF MOTION for Order for preliminary approval of class action settlement 445 filed by plaintiffs' David Barton. (bp, ) (Entered: 01/24/2007)
4502007-01-23 PROOF OF SERVICE filed by plaintiffs' David Barton, re Memorandum in Support of Motion 446 , Declaration (Motion related) 447 , MOTION for Order for preliminary approval of class action settlement 445 , Motion Related Document 449 , Motion Related Document 448 , was served on 1/23/07. (bp, ) (Entered: 01/24/2007)
4512007-01-26 Report of this court, as mediator, respecting attorneys fees and expenses for class counsel. The court recommended that defendants pay to class counsel the amount of $31.5 million for attorneys' fees and expenses which includes the amount of $2.9 million in expenses under section VI of the stipulation of settlement by Judge A. Howard Matz,(bp, ) (Entered: 01/29/2007)
4522007-01-26 STIPULATION for Attorney Fees in the amount of $28.6 million. (bp, ) (Entered: 01/29/2007)
4532007-01-30 OBJECTIONS to the proposed national settlement by plaintiff/objectors Alfonso Tamayo and Gerald Stone (bp, ) (Entered: 02/05/2007)
4542007-02-05 NOTICE of submission re: amendments to the proposed notice filed by plaintiffs' Alfonso Tamayo. (bp, ) (Entered: 02/07/2007)
4552007-02-05 REPLY filed by Defendant Conseco Life Insurance Company to Objections - non-motion 453 (bp, ) (Entered: 02/07/2007)
4562007-02-05 DECLARATION of Timothy P. Dillon in further support of MOTION for Order for preliminary approval of class action settlement 445 filed by plaintiffs' David Barton. (bp, ) (Entered: 02/07/2007)
4572007-02-05 REPLY MEMORANDUM OF CLASS PLAINTIFFS IN FURTHER SUPPORT OF MOTION for Order for preliminary approval of class action settlement 445 filed by plaintiffs' David Barton. (bp, ) (Entered: 02/07/2007)
4582007-02-05 PROOF OF SERVICE filed by plaintiffs' David Barton, re Reply (Motion related) 457 , Declaration (Motion related) 456 , was served on 2/5/07. (bp, ) (Entered: 02/07/2007)
4592007-02-05 PROOF OF SERVICE filed by plaintiffs' David Barton, Class plaintiffs' proof of service re preliminary approval of class action settlement, was served on 2/5/07. (bp, ) (Entered: 02/07/2007)
4602007-02-08 RESPONSE filed by Plaintiff David Barton to plaintiffs class member Tamayo's submission re amendments to the proposed notice (Other) 454 (bp, ) (Entered: 02/13/2007)
4612007-02-07 REPLY to objectors Tamayo and Stone's submission re: amendments to the proposed notice filed by Defendant Conseco Life Insurance Company to Objections - non-motion 453 (bp, ) (Entered: 02/13/2007)
4622007-02-09 APPLICATION of Pat A. Cipollone for Leave to Appear Pro Hac Vice. FEE PAID. filed by plaintiff Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. Lodged proposed order. (bp, ) (Entered: 02/13/2007)
4632007-02-12 NOTICE OF ERRATA filed by Defendant Conseco Life Insurance Company. correcting Reply (non-motion) 461 (bp, ) (Entered: 02/14/2007)
4642007-02-12 FINDINGS AND ORDER Preliminarily Approving the proposed settlement of this previously certified class action, directing the issuance of notice of settlement to the class, and scheduling a fairness hearing on 5/21/07 at 2:00 p.m. by Judge John F. Walter.(bp, ) (Entered: 02/14/2007)
4652007-02-12 MINUTES OF Motion Hearing held before Judge John F. Walter : For the reasons stated on the record, the Court GRANTS the motion for preliminary approval of Class Action Settlement. The court signs the proposed findings and order preliminarily approving the proposed settlement of this previously certified class action, directing the issuance of notice of settlement to the class and scheduling a fairness hearing, which was lodged with the court on 1/23/07.Court Reporter: Victoria Valine. (bp, ) (Entered: 02/14/2007)
4662007-01-26 NOTICE of Change of Address changing firm's name to Milberg Weiss and Bershad LLP for Jeff S Westerman and Sabrina S Kim. Filed by plaintiffs Executive Committe Member. (ak, ) (Entered: 02/14/2007)
4672007-02-13 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Pat A. Cipollone as counsel for Defendant Conseco Life Insurance Company, Approved by Judge A. Howard Matz.(bp, ) (Entered: 02/15/2007)
4682007-02-23 TRANSCRIPT filed for proceedings held on 2/12/07. Court Reporter: Victoria L. Valine. (lom) (Entered: 03/01/2007)
4692007-04-06 NOTICE OF MOTION AND MOTION for final approval of class action settlement filed by plaintiffs' David Barton. Motion set for hearing on 5/21/2007 at 02:00 PM before Judge A. Howard Matz. (bp, ) (Entered: 04/10/2007)
4702007-04-06 MEMORANDUM of Points and Authorities in Support of MOTION for Order for final approval of class action settlement 469 filed by plaintiffs' David Barton. (bp, ) (Entered: 04/10/2007)
4712007-04-06 DECLARATION of Terry M. Long, FSA, MAAA, in support of final approval of class action settlement MOTION for Order for final approval of class action settlement 469 filed by plaintiffs' David Barton. (bp, ) (Entered: 04/10/2007)
4722007-04-06 DECLARATION of Murray Gomer in support of MOTION for Order for final approval of class action settlement 469 filed by plaintiffs' David Barton. (bp, ) (Entered: 04/10/2007)
4732007-04-09 MEMORANDUM in Support of MOTION for Order for final approval of class action settlement 469 filed by plaintiffs' David Barton. (bp, ) (Entered: 04/11/2007)
4742007-04-06 NOTICE OF MOTION AND MOTION for an Award of Attorneys' Fees and expenses and for incentive awards to the class representatives filed by plaintiffs' David Barton. Motion set for hearing on 5/21/2007 at 02:00 PM before Judge A. Howard Matz. (bp, ) (Entered: 04/11/2007)
4752007-04-06 DECLARATION of Edwin Jacob "Jake" Garn in support of MOTION for Attorney Fees 474 filed by plaintiffs' David Barton. (bp, ) (Entered: 04/11/2007)
4762007-04-06 DECLARATION of Timothy P. Dillon and Andrews S. Friedman in support of MOTION for Attorney Fees 474 filed by plaintiff David Barton. (bp, ) (Entered: 04/11/2007)
4772007-04-06 PROOF OF SERVICE filed by plaintiffs' David Barton, re Declaration (Motion related) 476 , MOTION for Order for final approval of class action settlement 469 , Memorandum in Support of Motion 470 , Declaration (Motion related) 475 , Memorandum in Support of Motion 473 , Declaration (Motion related) 472 , Declaration (Motion related) 471 , MOTION for Attorney Fees 474 , was served on 4/6/07. (bp, ) (Entered: 04/11/2007)
4782007-03-30 Letter from Eddie and Glenda Parrott regarding settlement (bp, ) (Entered: 04/11/2007)
4792007-04-09 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz (bp, ) (Entered: 04/11/2007)
4802007-04-13 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz (bp, ) (Entered: 04/16/2007)
4812007-04-09 Letter from Lyle M.Ramshaw re objection to settlement (bp, ) (Entered: 04/16/2007)
4822007-04-11 Letter from Vessie Felton Joseph regarding insurance policies (bp, ) (Entered: 04/16/2007)
4832007-04-13 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz (bp, ) (Entered: 04/16/2007)
4842007-04-06 MEMORANDUM of Law in Support of MOTION for Order for final approval of class action settlement 469 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 04/27/2007)
4852007-04-06 DECLARATION of Kim K. Ness in support of MOTION for Order for final approval of class action settlement 469 filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company. (bp, ) (Entered: 04/27/2007)
4862007-04-06 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company Cost of Insurance Litigation, Conseco Life Insurance Company, re Declaration (Motion related) 485 , Memorandum in Support of Motion 484 , was served on 4/6/07. (bp, ) (Entered: 04/27/2007)
4872007-04-20 NOTICE OF MOTION AND MOTION for Leave to Appear and objection to proposed class action final settlement, MOTION for Order for enlargment of time pursuant to FRCP 6(b), and, MOTION for Relief from judgment filed by plaintiffs' Leslie C Garland, Lesllie C Garland Irrevocable Trust. Motion set for hearing on 5/21/2007 at 02:00 PM before Judge A. Howard Matz. Lodged proposed order. (bp, ) (Entered: 05/07/2007)
4882007-04-30 DECLARATION of Christian J. Garris in support of MOTION for Leave to Appear MOTION for Order for enlargment of time MOTION for Order for enlargment of time MOTION for Relief from judgment MOTION for Relief from judgment 487 filed by plaintiffs' Leslie C Garland, Lesllie C Garland Irrevocable Trust. (bp, ) (Entered: 05/07/2007)
4892007-04-20 DECLARATION of Leslie C. Garland in support of re MOTION for Leave to Appear MOTION for Order for enlargment of time MOTION for Order for enlargment of time MOTION for Relief from judgment MOTION for Relief from judgment 487 filed by plaintiffs Leslie C Garland, Lesllie C Garland Irrevocable Trust. (bp, ) (Entered: 05/07/2007)
4902007-04-20 NOTICE OF MOTION AND MOTION to Intervene and enter appearance by counsel for the putative class in teh hook action filed by intervenor Stephen Hook. Motion set for hearing on 5/21/2007 at 02:00 PM before Judge A. Howard Matz. (bp, ) (Entered: 05/07/2007)
4912007-04-20 DECLARATION of Brian R. Strange in support of MOTION to Intervene 490 filed by intervenor Stephen Hook. (bp, ) (Entered: 05/07/2007)
4922007-04-20 DECLARATION of Barry L. Kramer in support of MOTION to Intervene 490 filed by intervenor Stephen Hook. (bp, ) (Entered: 05/07/2007)
4932007-04-20 PROOF OF SERVICE filed by intervenor Stephen Hook, re Declaration (Motion related) 492 , Declaration (Motion related) 491 , MOTION to Intervene 490 , was served on 4/20/07. (bp, ) (Entered: 05/07/2007)
4942007-04-20 RACHEL GLASER'S OBJECTIONS TO SETTLEMENT (bp, ) (Entered: 05/07/2007)
4952007-04-20 KURT W. MELCHIOR OBJECTIONS TO PROPOSED SETTLEMENT (bp, ) (Entered: 05/07/2007)
4962007-04-20 NOTICE of intention to appear filed by intervenor Kurt W Meclchior. (bp, ) (Entered: 05/07/2007)
4972007-04-23 PROOF OF SERVICE filed by internvenor Kurt W Meclchior, re Objections - non-motion 495 , Notice (Other) 496 , was served on 4/23/07. (bp, ) (Entered: 05/07/2007)
4982007-05-07 DECLARATION of Timothy P. Dillon in opposition to MOTION to Intervene 490 filed by plaintiffs' David Barton. (bp, ) (Entered: 05/10/2007)
4992007-05-08 MEMORANDUM in Opposition to MOTION to Intervene 490 filed by plaintiffs' David Barton. (bp, ) (Entered: 05/11/2007)
5002007-04-25 Letter from Charles R. Walker (bp, ) (Entered: 05/14/2007)
5012007-04-25 Letter from Alan J. Henricks re proposed settlement (bp, ) (Entered: 05/14/2007)
5022007-04-25 Letter re settlement from Nathan Gerald Beard (bp, ) (Entered: 05/14/2007)
5032007-05-11 REPLY IN SUPPORT OF A FINAL APPROVAL OF SETTLEMENT AND IN RESPONSE TO OBJECTIONS 445 filed by plaintiffs' David Barton. (bp, ) (Entered: 05/14/2007)
5042007-05-11 DECLARATION of Terry M. Long, FSA, MAAA, in support of MOTION for Order for final approval of class action settlement 469 filed by plaintiff David Barton. (bp, ) (Entered: 05/14/2007)
5052007-05-11 EXHIBITS "A" to declaration of Edwin Jacob "Jake" Garn filed on 4/6/07 in support of MOTION for Attorney Fees 474 filed by plaintiff David Barton. (bp, ) (Entered: 05/14/2007)
5062007-05-11 REPLY IN SUPPORT OF MOTION for Order for final approval of class action settlement 469 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/14/2007)
5072007-05-11 DECLARATION of Kim K. Ness in support of MOTION for Order for preliminary approval of class action settlement 445 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/14/2007)
5082007-05-11 DECLARATION of Frank Scuglik in support of MOTION for Order for preliminary approval of class action settlement 445 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/14/2007)
5092007-05-11 DECLARATION of Tore Hodne in support of MOTION for Order for preliminary approval of class action settlement 445 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/14/2007)
5102007-05-11 DECLARATION of Joseph J. Desanctis in support of MOTION for Order for preliminary approval of class action settlement 445 filed by defendants' Conseco Life Insurance Company. (bp, ) (Entered: 05/14/2007)
5112007-05-11 PROOF OF SERVICE filed by defendants' Conseco Life Insurance Company, re Declaration (Motion related) 508 , Declaration (Motion related) 509 , Reply (Motion related) 506 , Declaration (Motion related) 510 , Declaration (Motion related) 507 , was served on 5/11/07. (bp, ) (Entered: 05/14/2007)
5122007-04-30 Letter from Youssef Mann (pj, ) (Entered: 05/17/2007)
5132007-04-30 OBJECTION to proposed settlement submitted by Vessie Felton (pj, ) (Entered: 05/17/2007)
5142007-05-08 Letter from Arnold I. Levy re life Insurance Policy (bp, ) (Entered: 05/22/2007)
5152007-05-18 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Letter submitted by Plaintiff Arnold I Levy received on 5/8/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 05/22/2007)
5162007-04-16 Letter from William H. Davis (bp, ) (Entered: 05/23/2007)
5172007-04-18 Letter from Richard J. Hartig (bp, ) (Entered: 05/23/2007)
5182007-04-11 Letter from Vessie Felton (bp, ) (Entered: 05/23/2007)
5192007-05-21 MINUTES OF Motion Hearing held before Judge John F. Walter :Leslie Garland's motion for relief from judgment pursuant to FRCP 60(b) is DENIED without prejudice to re-filing at a later date before Judge Matz. Each of the 14 objections received by the court, including thos objections received from Mr. Melchior and Mr. Garland, are OVERRULED. Accordingly, the balance of Mr. Garland's motion is DENIED. The motion of class plaintiffs for Final Approval of Class Action Settlement is GRANTED. The motion of class plaintiffs for an award of attorneys' fees and expenses and for incentive awards to the class representatives is GRANTED. Court Reporter: Victoria Valine. (bp, ) . (Entered: 05/23/2007)
5202007-05-14 REPLY TO DEFENDANT'S OPPOSITION TO MOTION to Intervene 490 filed by reply to defendant's opposition to Stephen Hook. (bp, ) (Entered: 05/24/2007)
5212007-05-14 DECLARATION of Gretchen Carpenter in support of reply to defendant's opposition to MOTION to Intervene 490 filed by internvenor Stephen Hook. (bp, ) (Entered: 05/24/2007)
5222007-05-15 AMENDED Proof of Service re Stephen Hook's reply to defendant's opposition to motion to intervene filed by Intervenor Stephen Hook. (bp, ) (Entered: 05/24/2007)
5232007-05-18 Letter re proposed settlement from John A. Jensen (bp, ) (Entered: 05/30/2007)
5242007-05-30 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : Counsel for class plaintiffs shall lodge, on or before 6/6/07, revised proposed orders with this court which are limited in scope to the court's decision on the motions heard by this court on 5/21/07. To the extent the parties wish to have a judgment entered in this action, they shall prepare a separate document containing the proposed judgment and shall ldoge the proposed judgment with judge Matz.(bp, ) (Entered: 05/31/2007)
5252007-05-18 Notice of Withdrawal of motion to intervene and enter appearance by counsel for the putative class in the Hook action Stephen Hook. (bp, ) (Entered: 05/31/2007)
5262007-05-21 NOTICE of further submission of class plaintiffs re class members Schultz and Levy filed by class plaintiffs' David Barton. (bp) (Entered: 06/05/2007)
5272007-04-25 Letter from Nathan Gerald Beard (bp) (Entered: 06/07/2007)
5282007-04-25 Objections to proposed settlement from Alan J. Henricks (bp) (Entered: 06/07/2007)
5292007-06-07 IT IS HEREBY ORDERED as follows: Attorneys' fees and expenses. Class counsel (Law Offices of Timothy P. Dillon and the law firm of Bonnett, Fairbourn, Friedman & Balint, P.C.) are hereby awarded attorneys' fees in an amount of $28.6 million and reimbursement of their disbursements and expenses in the amount of $2.9 million, to be paid by the defendants in accordance with the terms of the settlement agreement and the stipulation. Incentive Awards. Defendants shall pay to class representatives Murray Gomer and Senator Jake Garn each the amount of $25,000 to compensate them for their service as Class Representatives in this action. Defendants shall make such payment to the class representatives within thirty (30) business days after the implementation date by Judge A. Howard Matz,(bp) (Entered: 06/08/2007)
5302007-06-07 ORDER APPROVING CLASS ACTION SETTLEMENT. IT IS HEREBY ORDERED as follows: Jurisdiction. The court has personal jurisdiction over all class members (as defined in paragraph 3 below) and has subject matter jurisdiction over this action, including, without limitation, jurisdiction to approve the proposed settlement by Judge A. Howard Matz,(bp) (Entered: 06/08/2007)
5312007-06-06 NOTICE of lodging of orders filed by defendants' Conseco Life Insurance Company. (bp) (Entered: 06/26/2007)
5322007-07-03 FINAL JUDGMENT OF CLASS ACTION: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: Incorporation of other documents. This final judgment incorporates and makes a part thereof: the settlement agreement filed with this court on 1/22/07 and the exhibits referenced therein; the findings of fact and conclusions of law entered on the record at the fairness hearing and the hearing of the fee and expense motion on 5/21/07; the report of this court, as mediator, respecting attorneys fees and expenses for class counsel dated 1/20/07 (the Mediator's Report"); and the stipulation re: attorneys' fees and expenses of class counsel dated 1/17/07 ("the stipulation"). Attorneys' fees and expenses and incentive awards. As directed by the order of the Honorable John F. Walter dated 6/7/07, defendants shall pay (i) to class counsel attorneys' fees in the amount of$28.6 million and reimbursement of their expenses in the amount of $2.9 million in accordance with the terms of the settlement agreement and the stipulation; and (ii) to the class representatives Murray Gomer and Senator Jake Garn each the amount of $25,000 as incentive awards within thirty (30) business days after the implementation date by Judge A. Howard Matz, (MD JS-6, Case Terminated).(bp) (Entered: 07/05/2007)
5332007-07-06 NOTICE of entry of final judgment filed by plaintiffs' David Barton. (bp) (Entered: 07/20/2007)
5342007-07-20 NOTICE of Motion for Relief from Judgment Pursuant to FRCP 60(b) 519 ; Points and Authorities in Support Thereof; filed by Plaintiff Leslie C Garland, Lesllie C Garland Irrevocable Trust.Motion set for hearing on 8/13/2007 at 10:00 AM before Judge A. Howard Matz. Lodged Proposed order. (csa) (Entered: 08/02/2007)
5352007-07-20 DECLARATION of Christian J. Garris in Support of Garland's MOTION for Relief from Judgment Pursuant to FRCP 60(b) 534 filed by Plaintiffs Leslie C Garland, Lesllie C Garland Irrevocable Trust. (csa) (Entered: 08/02/2007)
5362007-07-20 DECLARATION of Leslie C. Garland in Support of Garland's Motion for Relief from Judgment Pursuant to FRCP 60(b) 534 filed by Plaintiffs Leslie C Garland, Lesllie C Garland Irrevocable Trust. (csa) (Entered: 08/02/2007)
5372007-08-03 STIPULATION AND ORDER by Judge A. Howard Matz : Leslie C. Garland's Motion for Relief for Judgment is hereby continued to 9/24/2007 at 10:00 AM before Judge A. Howard Matz.(bp) (Entered: 08/06/2007)
5382007-08-22 Mail Returned addressed to Norman Rifkind Lasky Rifkind 351 W. Hubbard Street, Suite 406, Chicago, Illinois 60610 re Stipulation and Order, Set Motion and R&R Deadlines 537 (sd) (Entered: 08/27/2007)
5392007-08-22 Mail Returned addressed to Norman Rifkind Lasky Rifkind 351 Hubbard Street, Suite 406, Chicago, Illinois 60610 re Judgment,,,,, 532 (sd) (Entered: 08/27/2007)
5402007-08-22 Mail Returned addressed to Leigh R. Lasky, Lasky & Rifkind, 351 West Hubbard Sreet, Ste 406, Chicago, IL 60610 re Stipulation and Order, Set Motion and R&R Deadlines 537 (amo) (Entered: 08/27/2007)
5412007-08-22 Mail Returned addressed to Leigh R Lasky; Lasky & Rifkind; 351 West Hubbard Street, Suite 406; Chicago, IL 60610 re Judgment,,,,, 532 (mgra) (Entered: 08/27/2007)
5422007-09-10 REPLY in Opposition to Leslie C Garland's MOTION for Relief from Judgment Pursuant to FRCP 60(b) 519 534 filed by Defendant Conseco Life Insurance Company. (jp) (Entered: 09/13/2007)
5432007-09-10 PROOF OF SERVICE of Reply in Opposition to Leslie C Garland's MOTION for Relief from Judgment Pursuant to FRCP 60(b) 542 served on 9/10/2007 filed by defendants Conseco Inc, Conseco Life Insurance Company. (jp) (Entered: 09/13/2007)
5442007-09-17 REPLY in support of Garland's MOTION for Relief from Judgment Pursuant to FRCP 60(b) 519 534 filed by Plaintiff Leslie C Garland. (jp) (Entered: 09/20/2007)
5452007-10-26 NOTICE of Association of Counsel associating attorney Peter W Devereaux on behalf of Movant Pricewaterhouse Coopers LLP. Filed by movant Pricewaterhouse Coopers (bb) (Entered: 11/06/2007)
5462007-10-26 NOTICE of Change of Attorney Information: adding Peter Devereaux as attorney of record for Pricewaterhouse Coopers LLP for the reason indicated in the G-06 Notice. Filed by Movant Pricewaterhouse Coopers LLP (ak) (Entered: 12/05/2007)
5472007-11-26 NOTICE of Association of Counsel associating attorney Robert D Phillips, Jr on behalf of Defendant Conseco Life Insurance Company. Filed by Defendant Conseco Life Insurance Company. (et) (Entered: 01/15/2008)
5482008-06-26 NOTICE OF DISCREPANCY AND ORDER by Judge A. Howard Matz, ORDERING Motion for Suggestion of Remand to the USDC for the District of Hawaii submitted by Plaintiffs King, Gerald Stone, Alfonso Tamayo, Leslie C Garland, Lesllie C Garland Irrevocable Trust, Arnold I Levy, Gomer, Michael S Kuhn, Edwin Jacob Garn, David Barton, Dan Frankel, Glucksman, Intervenor Plaintiff Rachel Glaser received on 6/20/2008 is not to be filed but instead rejected. Denial based on: Written notice of motion lacking or timeliness of notice incorrect; Pursuant to General Order 08-02 case is designated for electronic filing. (jp) (Entered: 06/27/2008)
5492008-07-02 NOTICE OF MOTION AND MOTION for a Suggestion of Remand (Pursuant to 28:1407) filed by Plaintiff Clifford S Arakaki, AE Ventures. Motion set for hearing on 8/11/2008 at 10:00 AM before Judge A. Howard Matz. (Attachments: # 1 Memorandum in Support of Motion for Suggestion of Remand, # 2 Declaration Mark S. Davis, # 3 Exhibit 1, # 4 Exhibit 2)(Davis, Mark) (Entered: 07/02/2008)
5502008-07-16 MEMORANDUM in Opposition to Plaintiffs' Motion for Suggestion of Remand filed by Defendant Conseco Life Insurance Company. (Schaffer, Eric) (Entered: 07/16/2008)
5512008-08-01 REPLY MOTION for a Suggestion of Remand (Pursuant to 28:1407) MOTION for a Suggestion of Remand (Pursuant to 28:1407) 549 filed by Movants Clifford S Arakaki, AE Ventures. (Davis, Mark) (Entered: 08/01/2008)
5522008-08-07 MINUTES OF IN CHAMBERS before Judge A. Howard Matz: The Court GRANTS the UNOPPOSED MOTION 549 of plaintiffs in the Arakaki (CV 05-1850) and "AE Ventures" (CV 05-8584) actions to set aside the final judgment in MDL No. 06-1610 as to their individual actions. The Court will rule separately on Plaintiffs' motion for a suggestion of remand. No hearing is necessary. FRCP 78; LR 7-15. (jp) (Entered: 08/07/2008)
5532008-08-08 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: On the Courts own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION Plaintiffs motion for a suggestion of remand. The parties will be notified if a hearing is necessary. (smo) (Entered: 08/08/2008)
5542008-08-08 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: On the Courts own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION Plaintiffs motion for a suggestion of remand. The parties will be notified if a hearing is necessary. (smo) (Entered: 08/08/2008)
5552008-08-13 MINUTES OF IN CHAMBERS before Judge A. Howard Matz: Court GRANTS Plaintiffs' MOTION for a Suggestion of Remand (Pursuant to 28:1407) 549 , this Court suggests that the claims of Plaintiffs in Arakaki and AE Ventures be remanded to the United States District Court for the District of Hawaii. (jp) (Entered: 08/14/2008)
5562009-09-10 TRANSMITTAL LETTER - MDL CASE TRANSFER OUT: Per Deputy Clerk E. Sakoda, via electronically transfer Case to USDC, District of Hawaii at Honolulu on 9/11/2009. Enclosed: Copies of Letter from District of Hawaii, Conditional Remand Order with Stipulation Designating Contents of Record re MDL-1610. (jp) (Entered: 09/11/2009)
5572009-09-21 Mail Returned addressed to Alfonso Tamayo/ Gerald Stone re MDL - Transfer Out Letter (CV 117) 556 (se) Modified on 10/8/2009 (sm). (Entered: 09/23/2009)
5582009-10-08 RECEIVED Notice of Receipt of Electronic Case Transferred from California Central has been opened in District of Hawaii as case 1:05-cv-00026 filed 10/08/2009. (ds) (Entered: 10/09/2009)
5592009-12-29 ***AMENDED*** TRANSMITTAL LETTER - MDL CASE TRANSFER OUT: Per your Court Request, All Original case file documents are enclosed in paper format*. Enclosed: Seven (7) Boxes have been mailed to USDC, District of Hawaii at Honolulu. *EXCEPT as of Original MDL Order of 6/28/04 and Amended Consolidated Complaint of 9/23/04, with Docket Sheet (Certified Copies thereof enclosed)* on 12/29/2009. (jp) (Entered: 12/29/2009)
5612010-01-11 RECEIPT: TRANSFER OUT TRANSMITTAL LETTER acknowledged by USDC, District of Hawaii; City: Honolulu; Case No: 1:05-CV-00026 EPS. (jp) (Entered: 01/11/2010)