Case Details

CourtNorthern District of California
Docket number3:13-cv-01878
Date case filed2013-04-24
Date case closed
Date of latest filing
Assigned toHon. William H. Orrick
Case cause28:1332 Diversity-Insurance Contract
Nature of suit110 Insurance
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: John L. Bitter Irrevocable Life Insurance Trust
Party type: Cross-defendant
TERMINATED: 05/28/2013
Attorney name: Joseph H. C. Wood
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Gregory P. Barnes, Jr.
Party type: Cross-defendant
Trustee of John L. Bitter Irrevocable Life Insurance Trust
Attorney name: Joseph H. C. Wood
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Windsor Securities LLC
Party type: Cross-defendant
Attorney name: Michael S. Cryan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Pacific Life Insurance Company
Party type: Cross-claimant
Attorney name: Kelly Denise Fair
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Laura Leigh Geist
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Pacific Life Insurance Company
Party type: Cross-claimant
Attorney name: Kelly Denise Fair
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Laura Leigh Geist
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: John L. Bitter Irrevocable Life Insurance Trust
Party type: Cross-defendant
TERMINATED: 05/28/2013
Attorney name: Joseph H. C. Wood
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Windsor Securities LLC
Party type: Cross-defendant
Attorney name: Michael S. Cryan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Gregory P. Barnes, Jr.
Party type: Cross-defendant
Trustee of John L. Bitter Irrevocable Life Insurance Trust
Attorney name: Joseph H. C. Wood
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-04-24 NOTICE OF REMOVAL from Sonoma County Superior Court. Their case number is SCV 253206. (Filing fee $350 receipt number 34611085410). Filed byWindsor Securities LLC. (farS, COURT STAFF) (Filed on 4/24/2013) (Additional attachment(s) added on 5/16/2013: # 1 civil cover sheet) (cp, COURT STAFF). Modified on 5/16/2013 (cp, COURT STAFF). (Entered: 04/26/2013)
1.1 civil cover sheet
22013-04-24 ADR SCHEDULING ORDER: Case Management Statement due by 7/18/2013. Case Management Conference set for 7/25/2013 11:00 AM in Courtroom C, 15th Floor, San Francisco. (Attachments: # 1 Standing Order)(farS, COURT STAFF) (Filed on 4/24/2013) (Entered: 04/26/2013)
32013-04-24 Certificate of Interested Entities by Windsor Securities LLC (farS, COURT STAFF) (Filed on 4/24/2013) (cp, COURT STAFF). (Entered: 04/26/2013)
42013-05-01 MOTION to Dismiss Pursuant to Fed. R. Civ. P 17(A) filed by Windsor Securities LLC. Motion Hearing set for 6/6/2013 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 5/15/2013. Replies due by 5/22/2013. (Attachments: # 1 Exhibit 1)(Cryan, Michael) (Filed on 5/1/2013) (Entered: 05/01/2013)
52013-05-01 ANSWER TO CROSSCLAIM byWindsor Securities LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Cryan, Michael) (Filed on 5/1/2013) (Entered: 05/01/2013)
62013-05-02 CLERKS NOTICE re Consent to Proceed Before a Magistrate Judge and Request for Reassignment to a United States District Judge due May 13, 2013. (ls, COURT STAFF) (Filed on 5/2/2013) (Entered: 05/02/2013)
72013-05-10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Windsor Securities LLC.. (Cryan, Michael) (Filed on 5/10/2013) (Entered: 05/10/2013)
82013-05-10 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ls, COURT STAFF) (Filed on 5/10/2013) (Entered: 05/10/2013)
92013-05-10 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case.. Signed by Executive Committee on 5/10/13. (as, COURT STAFF) (Filed on 5/10/2013) (Entered: 05/10/2013)
102013-05-10 STIPULATION AND REQUEST FOR ORDER SUBSTITUTING REAL PARTY IN INTEREST AS PLAINTIFF AND CROSS-DEFENDANT filed by John L. Bitter Irrevocable Life Insurance Trust, Windsor Securities LLc, Pacific Life Insurance Company. (Wood, Joseph) (Filed on 5/10/2013) Modified on 5/13/2013 (cpS, COURT STAFF). (Entered: 05/10/2013)
112013-05-10 Proposed Order re 10 Stipulation SUBSTITUTING REAL PARTY IN INTEREST AS PLAINTIFF AND CROSS-DEFENDANT by John L. Bitter Irrevocable Life Insurance Trust. (Wood, Joseph) (Filed on 5/10/2013) (Entered: 05/10/2013)
122013-05-10 Declaration OF GREGORY P. BARNES, JR. filed byJohn L. Bitter Irrevocable Life Insurance Trust. (Wood, Joseph) (Filed on 5/10/2013) (Entered: 05/10/2013)
132013-05-17 ORDER SUBSTITUTING REAL PARTY IN INTEREST AS PLAINTIFF AND CROSS-DEFENDANT; terminating 4 MOTION to Dismiss Pursuant to Fed. R. Civ. P 17(A) filed by Windsor Securities LLC. Signed by Judge Yvonne Gonzalez Rogers on 5/17/13. (fs, COURT STAFF) (Filed on 5/17/2013) (Entered: 05/17/2013)
142013-05-23 CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 9/16/2013 02:00 PM before Judge Yvonne Gonzalez Rogers in Courtroom 5, 2nd Floor, Oakland. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 5/23/2013) (Entered: 05/23/2013)
152013-05-28 ANSWER TO CROSSCLAIM byJohn L. Bitter Irrevocable Life Insurance Trust. (Wood, Joseph) (Filed on 5/28/2013) (Entered: 05/28/2013)
162013-05-28 AMENDED COMPLAINT FOR DECLARATORY RELIEF against Pacific Life Insurance Company, Windsor Securities LLC. Filed byJohn L. Bitter Irrevocable Life Insurance Trust. (Wood, Joseph) (Filed on 5/28/2013) (Entered: 05/28/2013)
172013-06-06 STIPULATION WITH PROPOSED ORDER Permitting Interpleader Stake Deposit filed by Pacific Life Insurance Company, Gregory P. Barnes, Jr., Windsor Securities LLC. (Attachments: # 1 Declaration of Laura Geist in Support of Stipulation and Request for Order Permitting Interpleader Stake Deposit)(Geist, Laura) (Filed on 6/6/2013) Modified on 6/7/2013 (cpS, COURT STAFF). (Entered: 06/06/2013)
182013-06-07 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Windsor Securities LLC. Motion Hearing set for 7/16/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 6/21/2013. Replies due by 6/28/2013. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Cryan, Michael) (Filed on 6/7/2013) (Entered: 06/07/2013)
192013-06-07 MOTION for Judgment on the Pleadings filed by Windsor Securities LLC. Motion Hearing set for 7/16/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 6/21/2013. Replies due by 6/28/2013. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Cryan, Michael) (Filed on 6/7/2013) (Entered: 06/07/2013)
202013-06-10 ORDER by Judge Yvonne Gonzalez Rogers granting 17 Stipulation Permitting Interpleader Stake Deposit; order deposit of Pacific Life's interpleader stake in amount of $2,030,904.11 in this Court's Registry. (fs, COURT STAFF) (Filed on 6/10/2013) (Entered: 06/10/2013)
212013-06-20 STIPULATION WITH PROPOSED ORDER to Continue Hearing re 18 MOTION to Dismiss Plaintiff's First Amended Complaint, 19 MOTION for Judgment on the Pleadings filed by Windsor Securities LLC, Gregory P. Barnes, Jr., Pacific Life Insurance Company. (Cryan, Michael) (Filed on 6/20/2013) Modified on 6/21/2013 (cpS, COURT STAFF). (Entered: 06/20/2013)
222013-06-21 RESPONSE (re 18 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byGregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/21/2013) (Entered: 06/21/2013)
232013-06-21 RESPONSE (re 19 MOTION for Judgment on the Pleadings ) filed byGregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/21/2013) (Entered: 06/21/2013)
242013-06-21 DECLARATION of Joseph Wood in support of Opposition re 18 MOTION to Dismiss Plaintiff's First Amended Complaint filed byGregory P. Barnes, Jr. (Related document(s) 18 ) (Wood, Joseph) (Filed on 6/21/2013) Modified on 6/24/2013 (cpS, COURT STAFF). (Entered: 06/21/2013)
252013-06-21 OBJECTIONS TO PURPORTED EVIDENCE SUBMITTED BY DEFENDANT IN SUPPORT (re 18 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byGregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/21/2013) Modified on 6/24/2013 (cpS, COURT STAFF). (Entered: 06/21/2013)
262013-06-21 OBJECTIONS TO PURPORTED EVIDENCE SUBMITTED BY DEFENDANT IN SUPPORT (re 19 MOTION for Judgment on the Pleadings ); Request to Strike filed byGregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/21/2013) Modified on 6/24/2013 (cpS, COURT STAFF). (Entered: 06/22/2013)
272013-06-22 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER EXTRINSIC EVIDENCE PRESENTED IN SUPPORT OF DEFENDANTS MOTION TO DISMISS, FOR OPPORTUNITY TO OBTAIN AND PRESENT COUNTER-EVIDENCE filed byGregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/22/2013) Modified on 6/24/2013 (cpS, COURT STAFF). (Entered: 06/22/2013)
282013-06-22 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER EXTRINSIC EVIDENCE PRESENTED IN SUPPORT OF DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS, FOR OPPORTUNITY TO OBTAIN AND PRESENT COUNTER-EVIDENCE filed byGregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/22/2013) Modified on 6/24/2013 (cpS, COURT STAFF). (Entered: 06/22/2013)
292013-06-22 DECLARATION OF JOSEPH WOOD IN SUPPORT OF PLAINTIFFS REQUEST, SHOULD THE COURT DECIDE TO CONSIDER EXTRINSIC EVIDENCE PRESENTED IN SUPPORT OF (re 19 MOTION for Judgment on the Pleadings ) filed byGregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/22/2013) Modified on 6/24/2013 (cpS, COURT STAFF). (Entered: 06/22/2013)
302013-06-22 DECLARATION OF JOSEPH WOOD IN SUPPORT OF PLAINTIFFS REQUEST, SHOULD THE COURT DECIDE TO CONSIDER EXTRINSIC EVIDENCE PRESENTED IN SUPPORT OF (re 18 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byGregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/22/2013) Modified on 6/24/2013 (cpS, COURT STAFF). (Entered: 06/22/2013)
312013-06-24 Amendment to Proof of Service re 29 Opposition/Response to Motion, 28 Opposition/Response to Motion, 30 Opposition/Response to Motion, 27 Opposition/Response to Motion by Gregory P. Barnes, Jr. (Wood, Joseph) (Filed on 6/24/2013) Modified on 6/25/2013 (cpS, COURT STAFF). (Entered: 06/24/2013)
322013-06-26 STIPULATION WITH PROPOSED ORDER Discharging Stakeholder Pacific Life Ins. Co. filed by Pacific Life Insurance Company, Gregory P. Barnes, Jr., Windsor Securities LLC. (Geist, Laura) (Filed on 6/26/2013) Modified on 6/27/2013 (cpS, COURT STAFF). (Entered: 06/26/2013)
332013-06-28 REPLY (re 18 MOTION to Dismiss Plaintiff's First Amended Complaint, 27 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER IN SUPPORT OF MOTION TO DISMISS ) and Opposition to Objections to Evidence and Request for Leave to Submit Extrinsic Evidence filed byWindsor Securities LLC. (Attachments: # 1 Declaration of Michael Cryan in Support of Motion to Dismiss)(Cryan, Michael) (Filed on 6/28/2013) Modified on 7/1/2013 (cpS, COURT STAFF). (Entered: 06/28/2013)
342013-06-28 REPLY (re 28 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER EXTRINSIC EVIDENCE PRESENTED IN SUPPORT OF DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS, FOR OPPORTUNITY TO OBTAIN AND PRESENT COUNTER-EVIDENCE, 19 MOTION for Judgment on the Pleadings ) filed byWindsor Securities LLC. (Attachments: # 1 Declaration of Michael Cryan in Support of Motion for Judgment on the Pleadings)(Cryan, Michael) (Filed on 6/28/2013) (Entered: 06/28/2013)
352013-07-02 ORDER by Judge Yvonne Gonzalez Rogers granting 21 Stipulation to Continue Hearing on Motions to 7/23/13 at 2:00pm. (fs, COURT STAFF) (Filed on 7/2/2013) (Entered: 07/02/2013)
362013-07-02 ORDER by Judge Yvonne Gonzalez Rogers granting 32 Stipulation Discharging Stakeholder Pacific Life Insurance Company And Requesting Form of Order re Distribution. (fs, COURT STAFF) (Filed on 7/2/2013) (Entered: 07/02/2013)
372013-07-03 Reply to Opposition to Objections re 19 Motion for Judgment on the Pleadings, filed by Gregory P. Barnes, Jr. (Wood, Joseph) (Filed on 7/3/2013) Modified on 7/5/2013 (jlm, COURT STAFF). (Entered: 07/03/2013)
382013-07-03 Reply to Opposition to Objection re 18 Motion to Dismiss, filed by Gregory P. Barnes, Jr. (Wood, Joseph) (Filed on 7/3/2013) Modified on 7/5/2013 (jlm, COURT STAFF). (Entered: 07/03/2013)
392013-07-11 Renotice motion hearing re 19 MOTION for Judgment on the Pleadings , 28 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER EXTRINSIC EVIDENCE PRESENTED IN SUPPORT OF DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS, FOR OPPORTUNITY TO OBTAIN AND PRESENT COUNTER-EVIDENCE filed byWindsor Securities LLC. Motion Hearing set for 7/31/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Related document(s) 19 ) (Cryan, Michael) (Filed on 7/11/2013) (Entered: 07/11/2013)
402013-07-11 Renotice motion hearing re 18 MOTION to Dismiss Plaintiff's First Amended Complaint, 27 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER IN SUPPORT OF MOTION TO DISMISS filed byWindsor Securities LLC. Motion Hearing set for 7/31/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Related document(s) 18 ) (Cryan, Michael) (Filed on 7/11/2013) (Entered: 07/11/2013)
412013-07-12 CERTIFICATE OF SERVICE by Windsor Securities LLC OF JUDGE ORRICKS ORDER FOR CIVIL CASES (Cryan, Michael) (Filed on 7/12/2013) (Entered: 07/12/2013)
422013-07-16 Proposed Order Directing Distribution of Attorneys' Fees and Costs by Pacific Life Insurance Company. (Fair, Kelly) (Filed on 7/16/2013) (Entered: 07/16/2013)
432013-07-23 Renotice motion hearing re 18 MOTION to Dismiss Plaintiff's First Amended Complaint, 27 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER IN SUPPORT OF MOTION TO DISMISS filed byWindsor Securities LLC. Motion Hearing set for 8/14/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Related document(s) 18 ) (Cryan, Michael) (Filed on 7/23/2013) (Entered: 07/23/2013)
442013-07-23 ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NUMBER 45 FOR CORRECT E-FILING Renotice motion hearing re 19 MOTION for Judgment on the Pleadings , 28 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER EXTRINSIC EVIDENCE PRESENTED IN SUPPORT OF DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS, FOR OPPORTUNITY TO OBTAIN AND PRESENT COUNTER-EVIDENCE filed byWindsor Securities LLC. Motion Hearing set for 8/14/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Related document(s) 19 ) (Cryan, Michael) (Filed on 7/23/2013) Modified on 7/24/2013 (aaaS, COURT STAFF). (Entered: 07/23/2013)
452013-07-23 Renotice motion hearing re 19 MOTION for Judgment on the Pleadings , 28 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER EXTRINSIC EVIDENCE PRESENTED IN SUPPORT OF DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS, FOR OPPORTUNITY TO OBTAIN AND PRESENT COUNTER-EVIDENCE RE-FILED TO CORRECT DOCUMENT IMAGE ERROR filed byWindsor Securities LLC. Motion Hearing set for 8/14/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Related document(s) 19 ) (Cryan, Michael) (Filed on 7/23/2013) Modified on 7/24/2013 (aaaS, COURT STAFF). (Entered: 07/23/2013)
462013-07-23 Renotice motion hearing re 18 MOTION to Dismiss Plaintiff's First Amended Complaint, 27 REQUEST, SHOULD THE COURT DECIDE TO CONSIDER IN SUPPORT OF MOTION TO DISMISS RE-FILED TO CORRECT DOCUMENT IMAGE ERROR filed byWindsor Securities LLC. Motion Hearing set for 8/14/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Related document(s) 18 ) (Cryan, Michael) (Filed on 7/23/2013) (Entered: 07/23/2013)
472013-07-24 JOINT CASE MANAGEMENT STATEMENT filed by Gregory P. Barnes, Jr. (Wood, Joseph) (Filed on 7/24/2013) (Entered: 07/24/2013)
482013-07-30 ORDER DIRECTING DISTRIBUTION OF ATTORNEY'S FEES AND COSTS TO PACIFIC LIFE INSURANCE COMPANY pursuant to 36 Order on Stipulation the court orders the Clerk of Court to pay the amount of $17,500.00, incurred in reasonable attorneys fees and costs in connection with these proceedings, to discharged interpleading party Pacific Life Insurance Company, from the interpleader stake of $2,030,904.11 on deposit with the Clerk. Signed by Judge William H. Orrick on 07/30/2013. (jmdS, COURT STAFF) (Filed on 7/30/2013) (Entered: 07/30/2013)
532013-08-16 ORDER DENYING MOTION TO DISMISS FIRST AMENDED COMPLAINT AND MOTION FOR JUDGMENT ON THE PLEADINGS ON CROSS-COMPLAINT FOR INTERPLEADER by Judge William H. Orrick denying 18 Motion to Dismiss and 19 Motion for Judgment on the Pleadings. (jmdS, COURT STAFF) (Filed on 8/15/2013)