Case Details

CourtSouthern District of California
Docket number3:10-cv-00521
Date case filed2010-03-11
Date case closed2012-07-25
Date of latest filing
Assigned toJudge Barry Ted Moskowitz
Case cause28:1332 Diversity-Insurance Contract
Nature of suit110 Insurance
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: PHL Variable Insurance Co.
Party type: Plaintiff
Attorney name: Kenneth G. Parker
Attorney Contact:
Haynes and Boone, LLP
18100 Von Karman Avenue
Suite 750
Irvine, CA 92612
(949) 202-3014
Fax: (949) 202-3114
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: William C. O'Neill
Attorney Contact:
Haynes & Boone, LLP
18100 Von Karman Avenue
Suite 750
Irvine, CA 92612
(949) 202-3000
Fax: (949) 202-3154
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Eric Brian Storm
Attorney Contact:
Edison, McDowell & Hetherington, LLP
2802 Flintrock Trace
Suite 229
Austin, TX 78738
(512) 371-4166
Fax: (713) 337-8850
Email: [email protected]
TERMINATED: 05/21/2012 PRO HAC VICE

Attorney name: Jarrett E. Ganer
Attorney Contact:
Edison McDowell & Hetherington LLP
3200 Southwest Freeway
Suite 2100
Houston, TX 77027
(713)337-5585
Fax: (713)337-8845
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jessica L. Wilson
Attorney Contact:
Edison, McDowell & Hetherington, LLP
3200 Southwest Freeway
Suite 2100
Houston, TX 77027
(713) 337-5584
Fax: (713) 337-8844
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Thomas F.A. Hetherington
Attorney Contact:
Edison McDowell & Hetherington LLP
3200 Southwest Freeway
Suite 2100
Houston, TX 77027
(713)337-5580
Fax: (713)337-8843
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: The Abrams Family Irrevocable Life Insurance Trust
Party type: Defendant
by and through its trustee, H. Bruce Abbott
Attorney name: Jennifer Cannon Terry
Attorney Contact:
Arent Fox
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013
(213)629-7400
Fax: (213)629-7401
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Howard Abrams
Party type: Defendant
Party: Mayfair Strategies, LLC
Party type: Defendant
Attorney name: Jeffrey Alan Feasby
Attorney Contact:
Luce Forward Hamilton and Scripps
600 West Broadway
Suite 2600
San Diego, CA 92101-3372
(619)236-1414
Email: [email protected]
TERMINATED: 02/16/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12010-03-11 COMPLAINT against The Abrams Family Irrevocable Life Insurance Trust ( Filing fee $ 350 receipt number 11045.), filed by PHL Variable Insurance Co.(jer) (Entered: 03/11/2010)
22010-03-11 Summons Issued as to The Abrams Family Irrevocable Life Insurance Trust. (mjj) (Entered: 03/11/2010)
32010-03-11 NOTICE of Party With Financial Interest by PHL Variable Insurance Co. (mjj) (Entered: 03/11/2010)
42010-03-11 Minute Entry: Magistrate Judge Louisa S Porter added to the case. Magistrate Judge Nita L. Stormes is no longer assigned to case and Magistrate Judge Louisa S Porter is now assigned to the case. The new case number is 10-CV-521-BTM (POR)(mjj) (Entered: 03/11/2010)
52010-05-24 MOTION to Dismiss Plaintiff's Complaint by The Abrams Family Irrevocable Life Insurance Trust. (Attachments: # 1 Memo of Points and Authorities)(Terry, Jennifer) (vet). (Entered: 05/24/2010)
62010-05-28 PRO HAC VICE APPOINTED: Thomas F.A. Hetherington appearing for Plaintiff PHL Variable Insurance Co. (mkz) (Entered: 05/28/2010)
72010-05-28 PRO HAC VICE APPOINTED: Jarrett E. Ganer appearing for Plaintiff PHL Variable Insurance Co. (mkz) (Entered: 05/28/2010)
82010-06-14 PRO HAC VICE APPOINTED: Eric B. Storm appearing for Plaintiff PHL Variable Insurance Co. (leh) (Main Document 8 replaced on 6/14/2010) (leh). (Entered: 06/14/2010)
92010-06-25 FIRST AMENDED COMPLAINT against The Abrams Family Irrevocable Life Insurance Trust, filed by PHL Variable Insurance Co.(Parker, Kenneth) Modified on 6/28/2010 - Edited text (vet). (Entered: 06/25/2010)
102010-06-25 RESPONSE in Opposition re 5 MOTION to Dismiss Plaintiff's Complaint filed by PHL Variable Insurance Co. (Parker, Kenneth) Modified on 6/28/2010 - Emailed atty re timeliness (vet). (Entered: 06/25/2010)
112010-07-09 ORDER Denying 5 Motion to Dismiss As Moot. Defendant has twenty-one days from the filing of this order to respond to the Amended Complaint. Signed by Judge Barry Ted Moskowitz on 7/9/10. (vet) (jrl). (Entered: 07/09/2010)
122010-07-30 MOTION to Dismiss Plaintiff's First Amended Complaint by The Abrams Family Irrevocable Life Insurance Trust. (Attachments: # 1 Memo of Points and Authorities In Support of Motion to Dismiss, # 2 Exhibit A to Memo of Points and Authorities, # 3 Exhibit B to Memo of Points and Authorities, # 4 Exhibit C to Memo of Points and Authorities)(Terry, Jennifer) (jer). (Entered: 07/30/2010)
132010-09-17 RESPONSE in Opposition re 12 MOTION to Dismiss Plaintiff's First Amended Complaint filed by PHL Variable Insurance Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Parker, Kenneth) (jer). (Entered: 09/17/2010)
142010-09-24 RESPONSE in Support re 12 MOTION to Dismiss Plaintiff's First Amended Complaint filed by The Abrams Family Irrevocable Life Insurance Trust. (Terry, Jennifer)(jer). (Entered: 09/24/2010)
152010-10-01 MINUTE ORDER submitting 12 Motion to Dismiss (rfm) (Entered: 10/18/2010)
162010-11-05 ORDER granting without prejudice 12 Motion to Dismiss First Amended Complaint for failure to satisfy Fed. R. Civ.P.9(b)'s heightened pleading standard. The Court grants Plaintiff leave to file a Second Amended Complaint, it must be filed within 20 days of the entry of this order. Signed by Judge Barry Ted Moskowitz on 11/05/10.(jpp) (Entered: 11/08/2010)
172010-11-23 SECOND AMENDED COMPLAINT against The Abrams Family Irrevocable Life Insurance Trust, filed by PHL Variable Insurance Co. (Parker, Kenneth) (jer). (Entered: 11/23/2010)
182010-12-03 Joint MOTION for Extension of Time to File Response/Reply [Joint Motion to Extend Defendant's, The Abrams Family Irrevocable Life Insurance Trust, Deadline to File a Responsive Pleading] by The Abrams Family Irrevocable Life Insurance Trust. (Terry, Jennifer) (jer). (Entered: 12/03/2010)
192010-12-07 ORDER Granting 18 Joint Motion for Extension of Time to File a Pleading Responsive to the Second Amended Complaint. Defendant shall have until January 6, 2011. Signed by Judge Barry Ted Moskowitz on 12/7/10. (jer)(jrl). (Main Document 19 replaced on 12/13/2010 to correct image; regenerated NEF) (jer). (Entered: 12/08/2010)
202011-01-06 MOTION to Dismiss by The Abrams Family Irrevocable Life Insurance Trust. (Attachments: # 1 Memo of Points and Authorities In Support of Motion To Dismiss Plaintiff's Second Amended Complaint By Defendant The Abrams Family Irrevocable Life Insurance Trust, # 2 Exhibit A - Pages 24-56, # 3 Exhibit B - Pages 57-58, # 4 Exhibit C - Pages 59-66)(Terry, Jennifer) (jer). (Entered: 01/06/2011)
212011-01-18 PRO HAC VICE APPOINTED: Jessica L. Wilson appearing for Plaintiff PHL Variable Insurance Co. (All non-registered users served via U.S. Mail Service)(leh) (Entered: 01/18/2011)
222011-02-15 Summons Issued on Second Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jer) (Entered: 02/15/2011)
232011-02-17 DOCUMENT WITHDRAWN, per 24 - RESPONSE in Opposition re 20 MOTION to Dismiss filed by PHL Variable Insurance Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Parker, Kenneth) Modified on 2/18/2011 to note document was withdrawn (jer). (Entered: 02/17/2011)
242011-02-17 NOTICE by PHL Variable Insurance Co. re 23 Response in Opposition to Motion, Withdrawal of Response in Opposition (Docket No. 23) (Parker, Kenneth)(jer). (Entered: 02/17/2011)
252011-02-17 RESPONSE in Opposition re 20 MOTION to Dismiss Corrected filed by PHL Variable Insurance Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Parker, Kenneth) (jer). (Entered: 02/17/2011)
262011-02-24 RESPONSE in Support re 20 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by The Abrams Family Irrevocable Life Insurance Trust. (Terry, Jennifer) (jer). (Entered: 02/24/2011)
272011-02-28 NOTICE by PHL Variable Insurance Co. re 25 Response in Opposition to Motion, Supplemental Authority in Support (Attachments: # 1 Exhibit A - Hathaway decision)(Parker, Kenneth) (jer). (Entered: 02/28/2011)
282011-03-03 SUMMONS Returned Executed by PHL Variable Insurance Co.. Mayfair Strategies, LLC served on 2/17/2011, answer due 3/10/2011. (Parker, Kenneth) qc mail sent re initials of mag judge, cert of service (kaj). (Entered: 03/03/2011)
292011-03-03 SUMMONS Returned Executed by PHL Variable Insurance Co.. Howard Abrams served on 2/20/2011, answer due 3/14/2011. (Parker, Kenneth) (jpp). (Entered: 03/03/2011)
302011-03-07 CERTIFICATE OF SERVICE by PHL Variable Insurance Co. re 28 Summons Returned Executed (Parker, Kenneth)(jer). (Entered: 03/07/2011)
312011-03-11 NOTICE of Appearance by Jeffrey Alan Feasby on behalf of Mayfair Strategies, LLC (Attachments: # 1 Proof of Service)(Feasby, Jeffrey) (jer). (Entered: 03/11/2011)
322011-03-11 Joint MOTION for Extension of Time to File a Response to Plaintiff's Second Amended Complaint by Mayfair Strategies, LLC, PHL Variable Insurance Co.. (Attachments: # 1 Proof of Service)(Feasby, Jeffrey) (jer). (Entered: 03/11/2011)
332011-03-14 ORDER Granting 32 Joint Motion to Extend Date for Defendant Mayfair Strategies, LLC to Respond to Plaintiff's Second Amended Complaint. Defendant Mayfair Strategies, LLC's response is now due on or before March 25, 2011. Signed by Judge Barry Ted Moskowitz on 3/14/2011. (jer) (Entered: 03/14/2011)
342011-03-24 NOTICE of Settlement by PHL Variable Insurance Co. (Parker, Kenneth) (jer). (Entered: 03/24/2011)
352011-03-28 ORDER Scheduling Settlement Disposition Conference. If a Joint Motion for Dismissal is not submitted on or before April 25, 2011, then a Settlement Disposition Conference shall be held on April 26, 2011, at 1:30 p.m. before Judge Porter. The conference shall be telephonic, with attorneys only. Plaintiff's counsel shall arrange and initiate the conference call. Signed by Magistrate Judge Louisa S Porter on 3/28/2011.(jer) (jcj). (Entered: 03/28/2011)
362011-03-29 ORDER Re 20 Motion to Dismiss. In light of the parties' notice of settlement, Defendants motion to dismiss is denied as moot. If the settlement is not finalized, Defendants may re-file this motion. Signed by Judge Barry Ted Moskowitz on 3/29/2011. (jer)(jcj). (Entered: 03/30/2011)
372011-04-26 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Settlement Disposition Conference(telephonic) held on 4/26/2011. Order to follow. (CD# 4/26/2011 1:30-1:50). (Plaintiff Attorney Jessica Wilson). (Defendant Attorney Jeffrey Feasby, Jennifer Terry, Julius Rousseau). (aje) (Entered: 04/27/2011)
382011-04-27 ORDER Scheduling Settlement Conference. On April 26, 2011, the Court held a Settlement Disposition Conference. The parties represented the settlement agreement is in jeopardy. Based thereon, it is hereby ordered: A Settlement Conference shall be held on May 4, 2011 at 1:30 p.m. The conference shall be telephonic, with attorneys only. Plaintiff's counsel shall arrange and initiate the call. Signed by Magistrate Judge Louisa S Porter on 4/27/2011.(jer) (jcj). (Entered: 04/27/2011)
392011-05-03 Joint MOTION to Extend/Set Date for Defendant to Respond to Plaintiff's Second Amended Complaint by Mayfair Strategies, LLC, PHL Variable Insurance Co. (Attachments: # 1 Proof of Service)(Feasby, Jeffrey) (jer). (Entered: 05/03/2011)
402011-05-04 Minute Entry for proceedings held before Magistrate Judge Louisa S Porter: Telephonic Settlement Conference held on 5/4/2011. Order to follow. (1:30-1:50). (Plaintiff Attorney Jessica Wilson). (Defendant Attorney Jeffrey Feasby, Jennifer Cannon Terry). (jjh) (Entered: 05/04/2011)
412011-05-09 ORDER Granting 39 Joint Motion to Extend Date for Defendant Mayfair Strategies to Respond to Plaintiff's Second Amended Complaint. The Deadline is extended to May 6, 2011. Signed by Judge Barry Ted Moskowitz on 5/9/2011. (jer) (jcj). (Entered: 05/09/2011)
422011-05-09 MOTION to Dismiss Second Amended Complaint by Mayfair Strategies, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit 1, # 3 Proof of Service)(Feasby, Jeffrey) (jer). (Entered: 05/09/2011)
432011-05-10 MOTION to Dismiss by The Abrams Family Irrevocable Life Insurance Trust. (Attachments: # 1 Memo of Points and Authorities In Support of Motion To Dismiss Plaintiff's Second Amended Complaint, # 2 Exhibit A - Pages 24 - 56, # 3 Exhibit B - Pages 57 - 58, # 4 Exhibit C - Pages 59 - 66)(Terry, Jennifer) (jer). (Entered: 05/10/2011)
442011-06-17 RESPONSE in Opposition re 42 MOTION to Dismiss Second Amended Complaint filed by PHL Variable Insurance Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Parker, Kenneth) (jer). (Entered: 06/17/2011)
452011-06-17 RESPONSE in Opposition re 43 MOTION to Dismiss filed by PHL Variable Insurance Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Parker, Kenneth)(jer). (Entered: 06/17/2011)
462011-06-24 RESPONSE in Support re 43 MOTION to Dismiss Second Amended Complaint filed by The Abrams Family Irrevocable Life Insurance Trust. (Attachments: # 1 Exhibit Exhibit A to Reply)(Terry, Jennifer) (jer). (Entered: 06/24/2011)
472011-06-24 RESPONSE in Support re 42 MOTION to Dismiss Second Amended Complaint filed by Mayfair Strategies, LLC. (Feasby, Jeffrey) (ecs). (Entered: 06/24/2011)
482011-07-01 MINUTE ORDER submitting 42 Motion to Dismiss; submitting 43 Motion to Dismiss (rfm) (Entered: 07/08/2011)
492011-07-15 NOTICE by PHL Variable Insurance Co. re 43 MOTION to Dismiss Supplemental Authority in Support of Opposition (Attachments: # 1 Exhibit A)(Parker, Kenneth) (ecs). (Entered: 07/15/2011)
502011-11-30 NOTICE by PHL Variable Insurance Co. re 43 MOTION to Dismiss Notice of Supplemental Authority Regarding Defendant the Abrams Family Irrevocable Life Insurance Trusts Motion to Dismiss Plaintiffs Second Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B)(O'Neill, William) (ecs). (Entered: 11/30/2011)
50.1 Exhibit A
50.2 Exhibit B
512012-01-03 ORDER Denying 42 43 Motions to Dismiss. The motions to dismiss filed by the Trust and Mayfair are Denied. Defendants shall file an answer to the SAC within 20 days of the entry of this Order. Signed by Judge Barry Ted Moskowitz on 1/3/12. (ecs) (jrl). (Entered: 01/03/2012)
522012-01-23 NOTICE of Party With Financial Interest by The Abrams Family Irrevocable Life Insurance Trust (Terry, Jennifer) (ecs). (Entered: 01/23/2012)
532012-01-23 ANSWER to 17 Amended Complaint by The Abrams Family Irrevocable Life Insurance Trust.(Terry, Jennifer) (ecs). (Entered: 01/23/2012)
542012-01-23 Joint MOTION for Extension of Time to File Response/Reply as to 17 Amended Complaint (Second) by Mayfair Strategies, LLC. (Attachments: # 1 Proof of Service)(Feasby, Jeffrey) (ecs). (Entered: 01/23/2012)
552012-01-23 Ex Parte MOTION to Withdraw as Attorney (Luce, Forward) by Mayfair Strategies, LLC. (Attachments: # 1 Declaration of Jeffrey A. Feasby, # 2 Proof of Service)(Feasby, Jeffrey) Notified atty re missing first pages of app (ecs). (Entered: 01/23/2012)
562012-01-24 NOTICE OF WITHDRAWAL OF DOCUMENT by Mayfair Strategies, LLC (Document No. 55). (Attachments: # 1 Proof of Service)(Feasby, Jeffrey) (ecs). (Entered: 01/24/2012)
572012-01-24 Ex Parte MOTION to Withdraw as Attorney by Mayfair Strategies, LLC. (Attachments: # 1 Declaration of Jeffrey A. Feasby, # 2 Proof of Service)(Feasby, Jeffrey) (ecs). (Entered: 01/24/2012)
582012-01-25 ORDER setting response date and hearing on application for leave to withdraw. Mayfair may file a response to the motion on or before February 6, 2012. The Court sets the motion for hearing on February 10, 2012 at 11:00 a.m. Unless otherwise directed by the Court, there shall be no oral argument, and no personal appearances are necessary. Signed by Judge Barry Ted Moskowitz on 1/25/12.(ecs) (jcj). (Entered: 01/25/2012)
592012-01-25 ORDER re: 54 Joint Motion to extend date for defendant Mayfair Strategies, LLC to respond to plaintiff's Second Amended Complaint. Signed by Judge Barry Ted Moskowitz on 1/25/12. (ecs) (jcj). (Entered: 01/25/2012)
602012-01-26 NOTICE AND ORDER for Early Neutral Evaluation Conference. An Early Neutral Evaluation will be held on April 18, 2012 at 2:00 p.m. before the Honorable Louisa S Porters successor. Signed by Magistrate Judge Louisa S Porter on 1/26/12.(ecs) (jrl). (Entered: 01/26/2012)
612012-02-10 MINUTE ORDER, Motions Submitted 57 Ex Parte MOTION to Withdraw as Attorney. (rfm) (Entered: 02/13/2012)
622012-02-16 ORDER Granting 57 Application for leave to withdraw. Mayfair must retain new counsel and have its new counsel file a notice of appearance on or before March 26, 2012. Signed by Judge Barry Ted Moskowitz on 2/16/12. (ecs) (Entered: 02/16/2012)
632012-02-16 CERTIFICATE OF SERVICE by Mayfair Strategies, LLC re 62 Order on Motion to Withdraw as Attorney (Feasby, Jeffrey) (ecs). (Entered: 02/16/2012)
642012-04-05 TRANSFER ORDER: Judge Louisa S. Porter is no longer assigned to the case and Judge David H. Bartick is now assigned for all further proceedings. All pending dates currently scheduled before Magistrate Judge Louisa S. Porter are to be rescheduled to the calendar of Judge David H. Bartick as previously set. Any dates set before any district judge remain unchanged. The new case number is 10cv521 BTM (DHB). Signed by Judge Barry Ted Moskowitz on 4/4/2012.(mtb) (jcj). (Entered: 04/05/2012)
652012-04-06 ORDER regarding Early Neutral Evaluation Briefs. The Court hereby notifies all parties that the Early Neutral Evaluation in this matter will be held on the date set by Judge Porter, April 18, 2012, and will be held at the chambers of Judge Bartick located at 940 Front Street, Suite 5140, San Diego, California 92101. Signed by Magistrate Judge David H. Bartick on 4/6/12.(ecs) (jcj). (Entered: 04/06/2012)
662012-04-17 Request for Entry of Clerk Default against Howard Abrams. (Attachments: # 1 Declaration Declaration of Jessica Wilson in Support of Request for Entry of Default, # 2 Exhibit Exhibit "A" to Declaration of Jessica Wilson in Support of Request for Entry of Default, # 3 Exhibit Exhibit "B" to Declaration of Jessica Wilson in Support of Request for Entry of Default)(O'Neill, William) (ecs). (Entered: 04/17/2012)
672012-04-18 Clerk's ENTRY OF DEFAULT as to Howard Abrams (ecs) (Entered: 04/18/2012)
682012-04-18 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Early Neutral Evaluation Conference held on 4/18/2012. Order to follow. (Plaintiff Attorney Thomas Hetherington, Kenneth Parker). (Defendant Attorney Jennifer Terry). (mbr) (Entered: 04/18/2012)
692012-04-18 Order Following Early Neutral Evaluation Conference, setting Rule 26 compliance, and Notice of telephonic Case Management Conference. Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a telephonic Case Management Conference shall be held on June 4, 2012 at 9:30 a.m. before Magistrate Judge Bartick. Signed by Magistrate Judge David H. Bartick on 4/18/12.(ecs) (jcj). (Entered: 04/19/2012)
702012-05-21 NOTICE by PHL Variable Insurance Co. of Change of Attorney Information (O'Neill, William) (ecs). (Entered: 05/21/2012)
712012-05-29 NOTICE of Settlement by PHL Variable Insurance Co. (O'Neill, William) (ecs). (Entered: 05/29/2012)
722012-05-30 ORDER vacating Case Management Conference and scheduling Settlement Disposition Conference. The Case Management Conference scheduled for June 4, 2012 is hereby Vacated. If a Joint Motion for Dismissal is not submitted on or before June 28, 2012, then a Settlement Disposition Conference shall be held on June 29, 2012 at 9:30 a.m. before Judge Bartick. Signed by Magistrate Judge David H. Bartick on 5/30/12. (ecs) (jcj). (Entered: 05/30/2012)
732012-06-29 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: telephonic Settlement Disposition Conference held on 6/29/2012. Order to follow. (Plaintiff Attorney Jessica Wilson). (Defendant Attorney Jennifer Terry). (no document attached) (wdb) (Entered: 06/29/2012)
742012-07-02 ORDER Scheduling Settlement Disposition Conference: If a Joint Motion for Dismissal is not submitted on or before 7/23/2012, then a Telephonic Attorneys Only Settlement Disposition Conference shall be held on 7/24/2012 at 9:00 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 7/2/2012.(rlu) (jrl). (Entered: 07/02/2012)
752012-07-23 NOTICE of Voluntary Dismissal by PHL Variable Insurance Co. and Stipulation (O'Neill, William) (rlu). (Entered: 07/23/2012)
762012-07-23 Minute Entry for proceedings held before Magistrate Judge David H. Bartick: The parties have submitted a joint motion for dismissal. Therefore, the Settlement Disposition Conference set for July 24, 2012 at 9:00 a.m. is VACATED. (no document attached) (mbr) (Entered: 07/23/2012)
772012-07-25 ORDER on 75 Notice and Stipulation of Dismissal: It is hereby ordered that Phoenix's claims against Howard Abrams are dismissed without prejudice to re-filing of same; 2. Phoenix's claims against Mayfair Strategies, LLC are dismissed without prejudice to re-filing of same; 3. Phoenix's claims against the Trust are dismissed with prejudice to re-filing of same; 4. Phoenix and the Trust shall bear their own costs and attorneys' fees; and 5. The Court shall retain jurisdiction to enforce the settlement agreement entered into between Phoenix and the Trust. Signed by Judge Barry Ted Moskowitz on 7/25/2012.(All non-registered users served via U.S. Mail Service)(leh) (Entered: 07/25/2012)