Case Details

CourtSouthern District of New York
Docket number1:12-cv-06811
Date case filed2012-09-10
Date case closed
Date of latest filing
Assigned toJudge Colleen McMahon
Case cause28:1332in Diversity-Insurance Contract
Nature of suit110 Insurance
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: U S Bank National Association
Party type: Plaintiff
a national association as securities intermediary for Lima Acquisition LP
Attorney name: Allan J. Arffa
Attorney Contact:
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
(212) 315-3082
Fax: (212)-373-2116
Email: [email protected]
TERMINATED: 01/16/2013

Attorney name: Audra Jan Soloway
Attorney Contact:
Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY)
1285 Avenue of the Americas
New York, NY 10019
212-373-3289
Fax: 212-492-0289
Email: [email protected]
TERMINATED: 01/16/2013

Attorney name: Courtney Alyssa Solomon
Attorney Contact:
Joseph Hage Aaronson, LLC
485 Lexington Ave, 30th Floor
New York, NY 10017
(212)-407-1200
Fax: (212)-407-1299
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Emilie Beth Cooper
Attorney Contact:
Kasowitz, Benson, Torres & Friedman, LLP (NYC)
1633 Broadway
New York, NY 10019
(212) 506-1988
Fax: (212) 506-1800
Email: [email protected]
TERMINATED: 01/08/2015

Attorney name: Gregory P. Joseph
Attorney Contact:
Joseph Hage Aaronson LLC
485 Lexington Ave
New York, NY 10017
(212) 407-1210
Fax: (212)-407-1299
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Khai LeQuang
Attorney Contact:
Orrick Herrington and Sutcliffe LLP
2050 Main Street, Suite 1100
Irvine, CA 90017
(949)-852-7708
Fax: (949)-567-6710
Email: [email protected]
TERMINATED: 06/13/2013 PRO HAC VICE

Attorney name: Melanie D Phillips
Attorney Contact:
Orrick Herrington and Sutcliffe LLP
777 South Figueroa Street Suite 3200
Los Angeles, CA 90017
(213)-612-2471
Fax: (213)-612-2499
Email: [email protected]
TERMINATED: 06/13/2013 PRO HAC VICE

Attorney name: Pamela H. Jarvis
Attorney Contact:
Joseph Hage Aaronson LLC
485 Lexington Avenue
30th Floor
New York, NY 10017
212-407-1250
Fax: 212-407-1278
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Peter R. Jerdee
Attorney Contact:
Joseph Hage Aaronson LLC
485 Lexington Avenue
30th Floor
New York, NY 10017
212-407-1200
Fax: 212-407-1299
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Philipp Smaylovsky
Attorney Contact:
Orrick, Herrington & Sutcliffe LLP (NYC)
51 West 52nd Street
New York, NY 10019
212-506-5000
Fax: 212-506-5151
Email: [email protected]
TERMINATED: 06/13/2013 PRO HAC VICE

Attorney name: Rachel Mead Cherington
Attorney Contact:
Joseph Hage Aaronson LLC
485 Lexington Avenue
30th Flr
New York, NY 10017
(212) 407-1200
Fax: (212)-407-1299
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Roman Asudulayev
Attorney Contact:
Joseph Hage Aaronson LLC
485 Lexington Avenue
30th Flr
New York, NY 10017
(212)-407-1256
Fax: (212)-885-8756
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Samuel Neil Fraidin
Attorney Contact:
Joseph Hage Aaronson LLC
485 Lexington Avenue
30th Floor
New York, NY 10017
(212)-407-1200
Fax: (212)-407-1299
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Shaila Rahman Sayma Diwan
Attorney Contact:
Orrick, Herrington & Sutcliffe LLP (NYC)
51 West 52nd Street
New York, NY 10019
(212) 506-5000
Fax: (212) 506-5151
Email: [email protected]
TERMINATED: 06/13/2013

Attorney name: Stephen G. Foresta
Attorney Contact:
Orrick, Herrington & Sutcliffe LLP (NYC)
51 West 52nd Street
New York, NY 10019
212-506-5000
Fax: 212-506-5151
Email: [email protected]
TERMINATED: 06/13/2013

Attorney name: Steven J. Fink
Attorney Contact:
Orrick, Herrington & Sutcliffe LLP (NYC)
51 West 52nd Street
New York, NY 10019
212-506-5000
Fax: 212-506-5151
Email: [email protected]
TERMINATED: 06/13/2013
Party: PHL Variable Insurance Company
Party type: Defendant
a Connecticut corporation
Attorney name: Daniel L Rasmussen
Attorney Contact:
Payne and Fears LLP
4 Park Plaza Suite 1100
Irvine, CA 92614
949-851-1100
Fax: 949-851-1212
Email: [email protected]
TERMINATED: 09/20/2012 LEAD ATTORNEY

Attorney name: Paul G. Williams
Attorney Contact:
Carlton Fields Jorden Burt, P.A.
1025 Thomas Jefferson St.., Nw, Ste. 400 East
Washington, DC 20007
(202)-965-8107
Fax: (202)-965-8104
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Ben v Seessel
Attorney Contact:
Carlton Fields Jorden Burt, PA
175 Powder Forest Drive, Suite 301
Simsbury, CT 06089
(860) 392-5000
Fax: (860) 392-5058
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Brian Patrick Perryman
Attorney Contact:
Carlton Fields Jorden Burt, P.A.
1025 Thomas Jefferson Street N.W.
Suite 400 East
Washington, DC 20007
202-965-8100
Fax: 202-965-8104
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David T. McDowell
Attorney Contact:
Edison, McDowell & Hetherington, LLP
3200 Southwest Freeway
Suite 2100
Houston, TX 77027
(713) 337-5580
Fax: (713) 337-8850
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Erin Elizabeth Bennett
Attorney Contact:
Edison, McDowell & Hetherington LLP
3200 Southwest Freeway, Suite 2100
Houston, TX 77027
(713)-337-8866
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Hutson Brit Smelley
Attorney Contact:
Edison, McDowell & Hetherington, LLP
3200 Southwest Freeway
Suite 2100
Houston, TX 77027
(713) 337-5580
Fax: (713) 337-8850
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jacob R. Hathorn
Attorney Contact:
Carlton Fields Jorden Burt, PA
One State Street, Suite 1800
Hartford, CT 06103
(860)-392-5038
Fax: (860)-392-5058
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jarrett Earl Ganer
Attorney Contact:
Edison, McDowell & Hetherington LLP
3200 Southwest Freeway, Suite 2100
Houston, TX 77027
(713)-337-5580
Fax: (713)-337-8850
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jason H. Gould
Attorney Contact:
Carlton Fields Jorden Burt, P.A.
1025 Thomas Jefferson Street, Nw
Washington, DC 20007
(202)-965-8182
Fax: (202)-965-8104
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Raul Antonio Cuervo
Attorney Contact:
Carlton Fields Jorden Burt , P.A
100 S.E. Second Street, Suite 4200
Miami, FL 33131
305-347-6815
Fax: 305-530-0055
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Scott O Luskin
Attorney Contact:
Payne and Fears LLP
801 South Figueroa Street Suite 1150
Los Angeles, CA 90017
213-439-9911
Fax: 213-439-9922
Email: [email protected]
TERMINATED: 09/20/2012

Attorney name: Shannon Ashley Lang
Attorney Contact:
Edison, McDowell & Hetherington LLP
3200 Southwest Freeway, Suite 2100
Houston, TX 77027
(713) 337-5580
Fax: (713) 337-8850
Email: [email protected]
TERMINATED: 12/10/2014

Attorney name: Stephen J. Jorden
Attorney Contact:
Carlton Fields Jorden Burt, P.A.
175 Powder Forest Drive
Simsbury, CT 06089
(860) 392-5023
Fax: (860) 392-5058
Email: [email protected]
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)-337-8850
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Waldemar J Pflepsen
Attorney Contact:
Carlton Fields Jorden Burt, P.A.
1025 Thomas Jefferson Street, N.W.
Suite 400 East
Washington, DC 20007
202-965-8100
Fax: 202-965-8104
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: SCOR Global Life Americas Reinsurance Company
Party type: Movant
Attorney name: John Nelson Thomas
Attorney Contact:
Crowell & Moring LLP (NYC)
590 Madison Avenue
New York, NY 10022
212-223-4000
Fax: 212-223-4134
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Transamerica Life Insurance Company
Party type: Movant
Attorney name: John Nelson Thomas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Pacific Life Insurance Company
Party type: Miscellaneous

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-11-16 COMPLAINT against Defendant PHL Variable Insurance Company. Case assigned to Judge Otis D Wright, II for all further proceedings. Discovery referred to Magistrate Judge Ralph Zarefsky. (Filing fee $ 350 Paid.) Jury Demanded., filed by Plaintiff U S Bank National Association. (et) (Additional attachment(s) added on 12/12/2011: # 1 Ntc of Asgmt) (mg). [Transferred from California Central on 9/10/2012.] (Entered: 11/18/2011)
1.1 Ntc of Asgmt
22011-11-16 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff U S Bank National Association, identifying Corporate Parent U S Bancorp, Other Affiliate Lima Acquisition LP, Other Affiliate Lima LS plc for U S Bank National Association. (et) (mg). [Transferred from California Central on 9/10/2012.] (Entered: 11/18/2011)
32011-11-16 NOTICE TO PARTIES OF ADR PROGRAM filed. (et) [Transferred from California Central on 9/10/2012.] (Entered: 11/18/2011)
42011-11-18 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Stephen G Foresta for Plaintiff U S Bank National Association. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) [Transferred from California Central on 9/10/2012.] (Entered: 11/18/2011)
52011-11-18 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Philipp Smaylovsky for Plaintiff U S Bank National Association. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) [Transferred from California Central on 9/10/2012.] (Entered: 11/18/2011)
62011-11-21 PROOF OF SERVICE Executed by Plaintiff U S Bank National Association, upon Defendant PHL Variable Insurance Company served on 11/21/2011, answer due 12/12/2011. Service of the Summons and Complaint were executed upon Margaret Wilson, Process Specialist, CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 11/21/2011)
72011-11-21 MINUTE ORDER (IN CHAMBERS) by Judge Otis D Wright II. This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are encouraged to review the Central Districts website for additional information. It is not necessary to clear a motion date with the Court Clerk prior to filling the motion. The Court hears motions on Mondays, Criminal at 10:00 a.m. and Civil at 1:30 p.m. The Court requires delivery of one non-blue backed Mandatory Chambers Copies of only the following manual and electronically filed documents: (1) All noticed motion and related documents; (2) All ex parte applications and related documents; and (3) All exhibits and attachments must be separately tabbed. [Refer to the Courts General Order No. 10-07 regarding ECF Courtesy paper Copies.] (sch) [Transferred from California Central on 9/10/2012.] (Entered: 11/21/2011)
82011-12-12 STIPULATION Extending Time to Answer the complaint as to PHL Variable Insurance Company answer now due 1/11/2012, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant PHL Variable Insurance Company.(Parker, Kenneth) [Transferred from California Central on 9/10/2012.] (Entered: 12/12/2011)
92011-12-21 APPLICATION for attorney Philipp Smaylovsky to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-9684247 paid.) filed by plaintiff U S Bank National Association. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 12/21/2011)
102011-12-21 APPLICATION for attorney Stephen G. Foresta to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-9684454 paid.) filed by plaintiff U S Bank National Association. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 12/21/2011)
112011-12-27 ORDER by Judge Otis D Wright, II: granting 9 Application to Appear Pro Hac Vice by Attorney Philipp Smaylovsky on behalf of Plaintiff, designating Khai Le Quang as local counsel. (lt) [Transferred from California Central on 9/10/2012.] (Entered: 12/27/2011)
122011-12-27 ORDER by Judge Otis D Wright, II: granting 10 Application to Appear Pro Hac Vice by Attorney Stephen G. Foresta on behalf of Plaintiff, designating Khai Le Quang as local counsel. (lt) [Transferred from California Central on 9/10/2012.] (Entered: 12/27/2011)
132012-01-10 Second STIPULATION for Extension of Time to File Answer to 01/25/2012 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Proposed Order)(Parker, Kenneth) [Transferred from California Central on 9/10/2012.] (Entered: 01/10/2012)
142012-01-10 First REQUEST to Substitute attorney Daniel L. Rasmussen in place of attorney Kenneth G. Parker filed by Defendant PHL Variable Insurance Company. Request set for hearing on 1/30/2012 at 01:30 PM before Judge Otis D Wright II. (Attachments: # 1 Proposed Order Order on Request for Approval of Substitution of Attorney)(Rasmussen, Daniel) [Transferred from California Central on 9/10/2012.] (Entered: 01/10/2012)
152012-01-10 ORDER by Judge Otis D Wright, II: granting 14 Request to Substitute Attorney Daniel l Rasmussen in place and instead of kenneth G Parker. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 01/11/2012)
162012-01-10 ORDER granting Stipulation to Extend Time to Answer 13 as to defendant PHL Variable Insurance Company to 1/25/2012 by Judge Otis D Wright, II (lc) [Transferred from California Central on 9/10/2012.] (Entered: 01/11/2012)
172012-01-13 APPLICATION for attorney Stephen Jorden to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Rasmussen, Daniel) [Transferred from California Central on 9/10/2012.] (Entered: 01/13/2012)
182012-01-13 APPLICATION for attorney Jason H. Gould to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Rasmussen, Daniel) [Transferred from California Central on 9/10/2012.] (Entered: 01/13/2012)
192012-01-13 APPLICATION for attorney Waldemar J. Pflepsen, Jr. to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Rasmussen, Daniel) [Transferred from California Central on 9/10/2012.] (Entered: 01/13/2012)
202012-01-13 APPLICATION for attorney Brian P. Perryman to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Rasmussen, Daniel) [Transferred from California Central on 9/10/2012.] (Entered: 01/13/2012)
212012-01-17 ORDER by Judge Otis D Wright, II: granting 17 Application to Appear Pro Hac Vice by Attorney Stephen Jorden on behalf of Defendant, designating Daniel L. Rasmussen as local counsel. (lt) [Transferred from California Central on 9/10/2012.] (Entered: 01/17/2012)
222012-01-17 ORDER by Judge Otis D Wright, II: granting 18 Application to Appear Pro Hac Vice by Attorney Jason H. Gould on behalf of Defendant, designating Daniel L. Rasmussen as local counsel. (lt) [Transferred from California Central on 9/10/2012.] (Entered: 01/17/2012)
232012-01-17 ORDER by Judge Otis D Wright, II: granting 19 Application to Appear Pro Hac Vice by Attorney Waldemar J. Pflepsen, Jr. on behalf of Defendant, designating Daniel L. Rasmussen as local counsel. (lt) [Transferred from California Central on 9/10/2012.] (Entered: 01/17/2012)
242012-01-17 ORDER by Judge Otis D Wright, II: granting 20 Application to Appear Pro Hac Vice by Attorney Brian P. Perryman on behalf of Defendant, designating Daniel L. Rasmussen as local counsel. (lt) [Transferred from California Central on 9/10/2012.] (Entered: 01/17/2012)
252012-01-25 NOTICE OF MOTION AND MOTION to Dismiss Second through Fifth Causes of Action from the Complaint by plaintiff U.S. Bank National Association filed by Defendant PHL Variable Insurance Company. Motion set for hearing on 3/12/2012 at 01:30 PM before Judge Otis D Wright II. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Rasmussen, Daniel) [Transferred from California Central on 9/10/2012.] (Entered: 01/25/2012)
262012-01-25 Certification of Interested Parties filed by Defendant PHL Variable Insurance Company, identifying PHL Variable Insurance Company wholly owned subsidiary of PM Holdings, Inc., which is a wholly owned subsidiary of Phoenix Life Insurance Company. Phoenix Life Insurance is a wholly owned subsidiary of The Phoenix Companies, Inc., a publicly held corporation. (Rasmussen, Daniel) [Transferred from California Central on 9/10/2012.] (Entered: 01/25/2012)
272012-01-26 NOTICE of Change of Attorney Information for attorney Melanie D Phillips counsel for Plaintiff U S Bank National Association. Adding Melanie D. Phillips as attorney as counsel of record for U.S. Bank National Association, as securities intermediary for Lima Acquisition LP for the reason indicated in the G-06 Notice. Filed by Plaintiff U.S. Bank National Association, as securities intermediary for Lima Acquisition LP (Phillips, Melanie) [Transferred from California Central on 9/10/2012.] (Entered: 01/26/2012)
282012-01-27 NOTICE of Change of Attorney Information for attorney Scott O Luskin counsel for Defendant PHL Variable Insurance Company. Adding Scott O. Luskin as attorney as counsel of record for PHL Variable Insurance Company for the reason indicated in the G-06 Notice. Filed by Defendant PHL Variable Insurance Company (Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 01/27/2012)
292012-01-27 NOTICE of Change of Attorney Information for attorney William C O'Neill counsel for Defendant PHL Variable Insurance Company.William C. O'Neill is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant PHL Variable Insurance Company (O'Neill, William) [Transferred from California Central on 9/10/2012.] (Entered: 01/27/2012)
302012-02-08 STATUS REPORT Jointly filed by Plaintiff U S Bank National Association. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 02/08/2012)
312012-02-09 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Status Report 30 . The following error(s) was found: Incorrect event selected. The correct event is: Joint Rule 26(f) Discovery Plan. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 02/09/2012)
322012-02-16 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15 days, filed by Plaintiff U S Bank National Association.. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 02/16/2012)
332012-02-17 OPPOSITION in opposition to re: MOTION to Dismiss Second through Fifth Causes of Action from the Complaint by plaintiff U.S. Bank National Association 25 filed by Plaintiff U S Bank National Association. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 02/17/2012)
342012-02-27 REPLY In Support of MOTION to Dismiss Second through Fifth Causes of Action from the Complaint by plaintiff U.S. Bank National Association 25 filed by Defendant PHL Variable Insurance Company. (Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 02/27/2012)
352012-03-01 MINUTES (IN CHAMBERS) by Judge Otis D Wright, II: Hearing on MOTION for PartialDismissal 25 scheduled for March 12, 2012 at 1:30 p.m., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 03/01/2012)
362012-04-04 STIPULATION for Protective Order filed by Plaintiff U S Bank National Association. (Attachments: # 1 Proposed Order Proposed Order Approving Stipulated Protective Order)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 04/04/2012)
372012-04-11 ORDER DENYING APPROVAL OF PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky. Re Stipulation for Protective Order 36 . (See document for details). (ib) [Transferred from California Central on 9/10/2012.] (Entered: 04/11/2012)
382012-04-26 ORDER by Judge Otis D Wright, II: granting 25 Defendant PHL Variable Insurance Co Motion to Dismiss. Plaintiffs second, third, and fourth causesof action are DISMISSED WITH PREJUDICE, except for the second cause ofaction as it relates to a claim in contract. Defendant shall answer Plaintiffs remaining claims within 14 days of this order. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 04/26/2012)
392012-05-08 Joint STIPULATION for Leave to File First Amended Complaint, STIPULATION for Extension of Time to File Response filed by Plaintiff U S Bank National Association. (Attachments: # 1 Proposed Order [Proposed] Order Approving Joint Stipulation Regarding Amended Complaint and Response)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 05/08/2012)
402012-05-09 ORDER by Judge Otis D Wright, II, re Stipulation 39 : Plaintiff shall file a First Amended Complaint on or before May 18,2012; and Defendant shall file a response on or before June 1, 2012, which may include the filing of any appropriate dispositive motion. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 05/09/2012)
412012-05-14 Amended STIPULATION for Protective Order filed by Plaintiff U S Bank National Association. (Attachments: # 1 Proposed Order [Proposed] Order Approving Amended Stipulation Protective Order)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 05/14/2012)
422012-05-18 AMENDED DOCUMENT filed by Plaintiff U S Bank National Association. Amendment to Summons Issued First Amended Complaint for: 1. Breach of Contract; 2. Breach of the Implied Covenant of Good Faith and Fair Dealing; 3. Violation of the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. Sections 42-110a, et seq.; 4. Violation of the Connecticut Unfair Insurance Practices Act, Conn. Gen. Stat. Sections 38a-815, et seq.; and 5. Declaratory Relief - Jury Trial Demanded (Attachments: # 1 Exhibit Exhibit 1 to First Amended Complaint, # 2 Exhibit Exhibit 2 to First Amended Complaint, # 3 Exhibit Exhibit 3 to First Amended Complaint)(LeQuang, Khai) Modified on 5/21/2012 (lc). (STRICKEN PER 5/21/12 ORDER) [Transferred from California Central on 9/10/2012.] (Entered: 05/18/2012)
42.1 Exhibit Exhibit 1 to First Amended Complaint
42.2 Exhibit Exhibit 2 to First Amended Complaint
42.3 Exhibit Exhibit 3 to First Amended Complaint
432012-05-21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion), 42 . PDF is an initating document, the first amended complaint and its exhibits. The following error(s) was found: Incorrect event and incorrect procedure selected.Per G.O. 10-07, Attorneys are NOT TO E-FILE INITIATING DOCUMENTS*, but to MANUALLY FILE IT WITH CIVIL INTAKE. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 05/21/2012)
442012-05-21 ORDER APPROVING AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky. Re Amended Stipulation for Protective Order 41 . (Note: Changes have been made to the proposed order). (ib) [Transferred from California Central on 9/10/2012.] (Entered: 05/21/2012)
452012-05-21 ORDER by Judge Otis D Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amended Document (Non-Motion),) 42 , for the following reasons: initiating document;Please comply with the discrepancy docket # 43. Electronically Filed Documents RE: Amended Document (Non-Motion), 42. PDF is an initiating document, the first amended complaint and its exhibits. The following error(s) was found: Incorrect event and incorrect procedure selected.Per G.O. 10-07, Attorneys are NOT TO E-FILE INITIATING DOCUMENTS, but to MANUALLY with Civil Intake. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 05/21/2012)
462012-05-22 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Otis D Wright, II ORDERING first amended complaint submitted by Plaintiff U S Bank National Association received on 5/21/12 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 05/23/2012)
472012-05-21 FIRST AMENDED COMPLAINT against defendants PHL Variable Insurance Company amending Complaint - (Discovery) 1 ,filed by plaintiff U S Bank National Association (lc) (lc). [Transferred from California Central on 9/10/2012.] (Entered: 05/23/2012)
482012-05-30 Joint STIPULATION for Extension of Time to File Response filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Proposed Order)(Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 05/30/2012)
492012-05-31 ORDER DENYING Joint Stipulation Regarding Response to Amended Complaint 48 by Judge Otis D Wright II. DENIED by Order of the Court. (sch) [Transferred from California Central on 9/10/2012.] (Entered: 05/31/2012)
502012-05-31 Joint STIPULATION for Extension of Time to File Response filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Proposed Order)(Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 05/31/2012)
512012-06-01 ORDER by Judge Otis D Wright II, re Stipulation to Extend Time for Defendant to Respond to Amended Complaint 50 . Defendants deadline to respond to the First Amended Complaint is extended by three days, and Defendant shall file a response on or before June 4, 2012, which may include the filing of any appropriate dispositive motion. (sch) [Transferred from California Central on 9/10/2012.] (Entered: 06/01/2012)
522012-06-04 NOTICE OF MOTION AND MOTION to Dismiss THIRD AND FOURTH CAUSES OF ACTION FROM FIRST AMENDED COMPLAINT FILED BY PLAINTIFF filed by Defendant PHL Variable Insurance Company. Motion set for hearing on 7/23/2012 at 01:30 PM before Judge Otis D Wright II. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 06/04/2012)
532012-07-02 OPPOSITION in opposition to re: MOTION to Dismiss THIRD AND FOURTH CAUSES OF ACTION FROM FIRST AMENDED COMPLAINT FILED BY PLAINTIFF 52 filed by Plaintiff U S Bank National Association. (Attachments: # 1 Exhibit 1)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 07/02/2012)
542012-07-09 REPLY in Support MOTION to Dismiss THIRD AND FOURTH CAUSES OF ACTION FROM FIRST AMENDED COMPLAINT FILED BY PLAINTIFF 52 filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Exhibit)(Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 07/09/2012)
552012-07-17 MINUTES (IN CHAMBERS) by Judge Otis D Wright, II: Hearing on MOTION to DismissTHIRD AND FOURTH CAUSES OF ACTION 52 scheduled for July 23, 2012 at 1:30 p.m., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. (lc) [Transferred from California Central on 9/10/2012.] (Entered: 07/17/2012)
562012-07-23 NOTICE of Manual Filing filed by Plaintiff U S Bank National Association of Plaintiff's Application to File Under Seal; [Proposed] Order Granting Plaintiff's Application to File Under Seal; Exhibits V and W to Declaration of Khai LeQuang in Support of the Joint Stipulation for Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 07/23/2012)
572012-07-23 NOTICE OF MOTION AND MOTION to Compel Production of Documents and Response to Interrogatory filed by Plaintiff U S Bank National Association. Motion set for hearing on 8/20/2012 at 10:00 AM before Magistrate Judge Ralph Zarefsky. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 07/23/2012)
582012-07-23 JOINT STIPULATION to MOTION to Compel Production of Documents and Response to Interrogatory 57 filed by Plaintiff U S Bank National Association. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 07/23/2012)
592012-07-23 DECLARATION of Khai LeQuang in support of MOTION to Compel Production of Documents and Response to Interrogatory 57 filed by Plaintiff U S Bank National Association. (Attachments: # 1 Exhibit Exhibits A-P to Declaration of Khai LeQuang ISO Joint Stipulation for Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory, # 2 Exhibit Exhibits Q-W to Declaration of Khai LeQuang ISO Joint Stipulation for Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 07/23/2012)
602012-07-23 DECLARATION of Jason H. Gould in support of MOTION to Compel Production of Documents and Response to Interrogatory 57 filed by Plaintiff U S Bank National Association. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 07/23/2012)
612012-07-23 NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Defendant PHL Variable Insurance Company. Motion set for hearing on 8/27/2012 at 01:30 PM before Judge Otis D Wright II. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 07/23/2012)
622012-07-23 DECLARATION of Waldemar J. Pflepsen, Jr. in support of MOTION to Transfer Case to United States District Court for the Southern District of New York 61 filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 07/23/2012)
632012-07-24 PROOF OF SERVICE filed by Plaintiff U S Bank National Association, re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 56 served on July 23, 2012. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 07/24/2012)
642012-07-23 PLAINTIFF'S APPLICATION TO FILE UNDER SEAL filed by Plaintiff U S Bank National Association. Lodged Proposed Order. (mz) [Transferred from California Central on 9/10/2012.] (Entered: 07/30/2012)
652012-07-26 ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL by Magistrate Judge Ralph Zarefsky: granting 64 Application to Seal. IT HEREBY ORDERS that the application is GRANTED in its entirety. The Clerk shall maintain under seal the following exhibits attached to the Declaration Of Khai LeQuang In Support Of The Joint Stipulation For Plaintiff US Bank National Association's Motion To Compel Production OfDocuments and Response to Interrogatory ("LeQuang Decl."): 1. Exhibit V to the LeQuang Decl.; and 2. Exhibit W to the LeQuang Decl. (mz) [Transferred from California Central on 9/10/2012.] (Entered: 07/30/2012)
662012-07-26 SEALED DOCUMENT- EXHIBITS V and W to the Declaration of Khai Leguang in Support of the Joint Stipulation for Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory. (mat) [Transferred from California Central on 9/10/2012.] (Entered: 07/31/2012)
672012-08-06 NOTICE of Manual Filing filed by Plaintiff U S Bank National Association of Plaintiff's Application to Fil Under Seal; [Proposed[ Order Granting Plaintiff's Application to File Under Seal; Plaintiff's Supplemental Memorandum in Support of Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory; Exhibits 2 through 4 to Supplemental Declaration of Khai LeQuang in Support of Plaintiff's Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 08/06/2012)
682012-08-06 OPPOSITION in opposition to re: MOTION to Transfer Case to United States District Court for the Southern District of New York 61 filed by Plaintiff U S Bank National Association. (Attachments: # 1 Declaration of Khai LeQuang, # 2 Exhibit A-P)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 08/06/2012)
692012-08-06 SUPPLEMENT to MOTION to Compel Production of Documents and Response to Interrogatory 57 , per Local Rule 37-2.3, filed by Plaintiff U S Bank National Association. (Attachments: # 1 Declaration of Khai LeQuang in Support of Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 08/06/2012)
702012-08-07 Proof OF SERVICE filed by Plaintiff U S Bank National Association, of Plaintiffs Application To File Under Seal; [Proposed] Order Granting Plaintiffs Application To File Under Seal; Plaintiffs Supplemental Memorandum In Support Of Plaintiffs Motion To Compel Production Of Documents And Response To Interrogatory [Filed Under Seal]; Exhibits 2 Through 4 To Supplemental Declaration Of Khai Lequang In Support Of Plaintiffs Motion To Compel Production Of Documents And Response To Interrogatory [Filed Under Seal] served on August 6, 2012. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 08/07/2012)
712012-08-06 PLAINTIFF'S APPLICATION TO FILE UNDER SEAL filed by Plaintiff U S Bank National Association. Lodged Proposed Order. (mz) [Transferred from California Central on 9/10/2012.] (Entered: 08/07/2012)
722012-08-07 NOTICE OF ERRATA filed by Plaintiff U S Bank National Association. correcting Objection/Opposition (Motion related), Objection/Opposition (Motion related) 68 Exhibit K to Declaration of Khai LeQuang (Attachments: # 1 Exhibit K)(LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 08/07/2012)
732012-08-07 Objection to Plaintiff's Supplemental Response to Joint Stipulation in Opposition re: MOTION to Compel Production of Documents and Response to Interrogatory 57 filed by Defendant PHL Variable Insurance Company. (Luskin, Scott) [Transferred from California Central on 9/10/2012.] (Entered: 08/07/2012)
742012-08-07 Objection to PHL's Objection to Plaintiff's Supplemental Memorandum in support of re: MOTION to Compel Production of Documents and Response to Interrogatory 57 filed by Plaintiff U S Bank National Association. (LeQuang, Khai) [Transferred from California Central on 9/10/2012.] (Entered: 08/07/2012)
752012-08-13 REPLY in support of MOTION to Transfer Case to United States District Court for the Southern District of New York 61 filed by Defendant PHL Variable Insurance Company. (Attachments: # 1 Declaration O'Connell, # 2 Declaration Gould)(Rasmussen, Daniel) [Transferred from California Central on 9/10/2012.] (Entered: 08/13/2012)
762012-08-13 ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL by Magistrate Judge Ralph Zarefsky: granting 71 Application to Seal. (mz) [Transferred from California Central on 9/10/2012.] (Entered: 08/14/2012)
772012-08-13 SEALED DOCUMENT- PLAINTIFF'S SUPPLEMENTAL MEMORANDUM in Support of Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory. (mat) [Transferred from California Central on 9/10/2012.] (Entered: 08/17/2012)
782012-08-13 SEALED DOCUMENT- EXHIBIT 2-4 to the Supplemental Declaration of Khai Lequang in Support of Plaintiff's Motion to Compel Production of Documents and Response to Interrogatory. (mat) [Transferred from California Central on 9/10/2012.] (Entered: 08/17/2012)
802012-08-20 MINUTE ORDER (IN CHAMBERS) VACATING HEARING ON MOTION TO TRANSFER CASE 61 by Judge Otis D Wright, II. The hearing on the above-referenced motion, scheduled for August 27, 2012 at 1:30 p.m., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. (cch) [Transferred from California Central on 9/10/2012.] (Entered: 08/20/2012)
812012-08-20 MINUTES OF Motion Hearing held before Magistrate Judge Ralph Zarefsky re Plaintiff's MOTION to Compel Production of Documents and Response to Interrogatory 57 : Plaintiff withdraws the portion of the motion seeking production of documents within 30 days. The Court questions counsel. Counsel confer and reach a tentative resolution of the remainder of the motion. Counsel shall file a joint status report no later than 9/10/12 advising the court that the motion has been resolved and, if not, what remains for resolution. Recorded on Courtsmart. (ib) [Transferred from California Central on 9/10/2012.] (Entered: 08/21/2012)
842012-09-04 ORDER TRANSFERRING VENUE 61 :The Court finds that this case is hereby transferred to the United States District Court for the Southern District of New York. The Clerk of Court shall close this case. And because the Court is transferring this case, it declines to rule on PHLs pending Motion to Dismiss under Rule 12(b)(6) 52 by Judge Otis D Wright, II. MD JS-6. Case Terminated. (Attachments: # 1 CV 22 transfer out letter) (lc) [Transferred from California Central on 9/10/2012.] (Entered: 09/05/2012)
852012-09-10 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:11-cv-09517. Original file certified copy of transfer order and docket entries received. (sjo) (Entered: 09/10/2012)
862012-09-11 ENDORSED LETTER addressed to Judge Colleen McMahon from Waldemar J. Pflepsen, Jr. dated 9/11/2012 re: Pursuant to Local Civil Rule 1.6(a), we write to advise the Court of the relation of U.S. Bank National Association v. PHL Variable Insurance Co., No. 12 Civ. 6811 -a civil action transferred as of September 4, 2012 to this District pursuant to 28 U.S.C. ยง 1404(a) from the United States District Court for the Central District of California- to two other civil actions already pending before Your Honor, Fleisher v. Phoenix Life Insurance Company, No. 11 Civ. 8405, and Tiger Capital, LLC v. PHL Variable Insurance Co No. 12 Civ. 2939. We further request that the Court expeditiously assign a Magistrate Judge, preferably Magistrate Judge James C. Francis, to hear an urgent discovery dispute. ENDORSEMENT: Case Accepted. Judge Francis is being assigned. He can consider this. (Signed by Judge Colleen McMahon on 9/11/2012) (ama) (Entered: 09/11/2012)
872012-09-12 NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 09/12/2012)
882012-09-13 MOTION for Khai LeQuang to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7814541. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(LeQuang, Khai) (Entered: 09/13/2012)
892012-09-13 ORDER: It is hereby ORDERED as follows: By September 19, 2012, defendant and any subpoenaed entity shall serve and file any motion to quash the subpoenas dated August 17, 2012. Plaintiff shall answer the motion by September 24, 2012, and the movant(s) shall reply by September 26, 2012. Any obligation to respond to the subpoenas is held stayed pending determination of the motion. Plaintiff shall serve a copy of this order on the subpoenaed parties forthwith. (Signed by Magistrate Judge James C. Francis on 9/13/2012) Copies Mailed By Chambers. (jfe) (Entered: 09/13/2012)
902012-09-18 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Referral for discovery disputes requiring prompt attention at any time when the District Judge is not immediately available (e.g. on trial or out of town). Referred to Magistrate Judge James C. Francis. (Signed by Judge Colleen McMahon on 9/18/2012) (ago) (Entered: 09/18/2012)
912012-09-18 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: IT is hereby ORDERED as follows: Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. Counsel for all parties are directed to confer, complete and sign the attached "Civil Case Management Plan" and to fax it to the Court within thirty (30) days. The parties are free to set their own deadlines as long as the plan provides for the completion of all discovery within six months of this order and the filing of a proposed "joint final-pretrial order," within forty-five days of the close of discovery. (The "trial ready" date is to be left blank.) If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion bas been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear for a conference on 1 0/12/2012 in courtroom 14C, United States Courthouse, 500 Pearl Street, New York, New York 10007 at 11 :00 a.m. If the parties request an extension of time to file an answer or a motion and an initial pretrial conference has been scheduled, the Court's grant of the extension of time to answer or move does not postpone or adjourn the conference, unless specifically stated by the Court and as further set forth in this order. Initial Conference set for 10/12/2012 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 9/18/2012) (ago) (Entered: 09/18/2012)
922012-09-18 NOTICE of Notice of Withdrawal of Attorneys for Defendant and [Proposed] Order. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 09/18/2012)
932012-09-19 ENDORSED LETTER addressed to Judge Colleen McMahon from Waldemar J. Pflepsen, Jr. dated 9/18/2012 re: This letter addresses a discovery dispute regarding the scope of non-party subpoenas, which is the subject of a dispute already referred to Magistrate Judge Francis. Accordingly, defendant PHL respectfully requests that Your Honor refer this dispute to Magistrate Judge Francis for resolution as well. ENDORSEMENT: All discovery dispute have been referred henceforth go immediately to the Magistrate Judge. (Signed by Judge Colleen McMahon on 9/19/2012) (ama) (Entered: 09/19/2012)
942012-09-19 MOTION to Quash plaintiff's subpoena and/or for a protective Order. Document filed by SCOR Global Life Americas Reinsurance Company.(Thomas, John) (Entered: 09/19/2012)
952012-09-19 MEMORANDUM OF LAW in Support re: 94 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by SCOR Global Life Americas Reinsurance Company. (Thomas, John) (Entered: 09/19/2012)
962012-09-19 DECLARATION of Stephanie Dunn in Support re: 94 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by SCOR Global Life Americas Reinsurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Thomas, John) (Entered: 09/19/2012)
972012-09-19 DECLARATION of Jennifer Romano, Esq. in Support re: 94 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by SCOR Global Life Americas Reinsurance Company. (Attachments: # 1 Text of Proposed Order)(Thomas, John) (Entered: 09/19/2012)
982012-09-19 MOTION to Quash plaintiff's subpoena and/or for a protective Order. Document filed by Transamerica Life Insurance Company.(Thomas, John) (Entered: 09/19/2012)
992012-09-19 MEMORANDUM OF LAW in Support re: 98 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by Transamerica Life Insurance Company. (Thomas, John) (Entered: 09/19/2012)
1002012-09-19 DECLARATION of Stephanie Dunn in Support re: 98 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by Transamerica Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Thomas, John) (Entered: 09/19/2012)
1012012-09-19 DECLARATION of Jennifer Romano, Esq. in Support re: 98 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by Transamerica Life Insurance Company. (Attachments: # 1 Text of Proposed Order)(Thomas, John) (Entered: 09/19/2012)
1022012-09-20 MEMO ENDORSEMENT on 92 Notice Of Withdrawal of Attorneys Daniel L Rasmussen and Scott O Luskin for Defendant filed by PHL Variable Insurance Company. So Ordered. (Signed by Judge Colleen McMahon on 9/20/2012) (cd) (Entered: 09/20/2012)
1032012-09-20 ENDORSED LETTER addressed to Judge Colleen McMahon from Stephen G Foresta dated 9/19/2012 re: Discovery disputes. ENDORSEMENT: EVERY discovery dispute from here on goes to Judge Francis. He now has the case for discovery supervision. All of it! (Signed by Judge Colleen McMahon on 9/19/2012) (cd) Modified on 9/25/2012 (cd). (Entered: 09/20/2012)
1042012-09-20 ENDORSED LETTER addressed to Judge Colleen McMahon from Waldemar J. Pflepsen, Jr. dated 9/18/2012 re: PHL requests that the Court allow PHL to address the new subpoenas, as specified in this letter, together with its motion to be filed before Judge Francis. If the Court agrees, PHL also requests a modest extension for its motion for protective order/to quash until Monday, September 24, 2012, in order to adequately address these additional subpoenas. ENDORSEMENT: The extension is granted. Counsel shall agree on a revised briefing schedule and advise me. So ordered. (Motions due by 9/24/2012.) (Signed by Magistrate Judge James C. Francis on 9/20/2012) (rjm) (Entered: 09/20/2012)
1052012-09-24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SCOR Global Life Americas Holding Inc., Corporate Parent SCOR SE (France) for SCOR Global Life Americas Reinsurance Company. Document filed by SCOR Global Life Americas Reinsurance Company.(Thomas, John) (Entered: 09/24/2012)
1062012-09-24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Transamerica International Holdings, Inc., Corporate Parent Aegon N.V. for Transamerica Life Insurance Company. Document filed by Transamerica Life Insurance Company.(Thomas, John) (Entered: 09/24/2012)
1072012-09-24 MOTION for Protective Order and/or to Quash. Document filed by PHL Variable Insurance Company.(Gould, Jason) (Entered: 09/24/2012)
1082012-09-24 MEMORANDUM OF LAW in Support re: 107 MOTION for Protective Order and/or to Quash.. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 09/24/2012)
1092012-09-24 DECLARATION of Jason H. Gould in Support re: 107 MOTION for Protective Order and/or to Quash.. Document filed by PHL Variable Insurance Company. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Gould, Jason) (Entered: 09/24/2012)
1102012-09-24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U S Bank National Association. Document filed by U S Bank National Association.(Foresta, Stephen) (Entered: 09/24/2012)
1112012-09-24 MEMORANDUM OF LAW in Opposition re: 94 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 09/24/2012)
1122012-09-24 MEMORANDUM OF LAW in Opposition re: 98 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 09/24/2012)
1132012-09-24 DECLARATION of Khai Lequang in Opposition re: 98 MOTION to Quash plaintiff's subpoena and/or for a protective Order., 94 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by U S Bank National Association. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Foresta, Stephen) (Entered: 09/24/2012)
1142012-09-24 NOTICE of Joinder re: 107 MOTION for Protective Order and/or to Quash.. Document filed by Pacific Life Insurance Company. (Villanueva, Katherine) (Entered: 09/24/2012)
1152012-09-25 NOTICE of Errata re: 109 Declaration in Support of Motion,. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Corrected Declaration of Jason H. Gould)(Gould, Jason) (Entered: 09/25/2012)
1162012-09-24 SEALED DOCUMENT placed in vault.(nm) (Entered: 09/25/2012)
1172012-09-21 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Stephen G. Foresta dated 9/21/2012 re: Counsel respectfully request that Your Honor adopt the protective Order in effect prior to the transfer venue. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 9/21/2012) (jfe) (Entered: 09/26/2012)
1182012-09-26 DECLARATION of Stephanie Dunn [REPLY] in Support re: 98 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by Transamerica Life Insurance Company. (Thomas, John) (Entered: 09/26/2012)
1192012-09-26 REPLY MEMORANDUM OF LAW in Support re: 98 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by Transamerica Life Insurance Company. (Thomas, John) (Entered: 09/26/2012)
1202012-09-26 REPLY MEMORANDUM OF LAW in Support re: 94 MOTION to Quash plaintiff's subpoena and/or for a protective Order.. Document filed by SCOR Global Life Americas Reinsurance Company. (Thomas, John) (Entered: 09/26/2012)
1212012-09-28 ENDORSED LETTER addressed to Judge Colleen McMahon from Waldemar J. Pflepsen, Jr. dated 9/28/2012 re: Counsel writes to advise the Court that counsel for plaintiffs in the Fleisher action have informed PHL' s counsel that they would be available for a scheduling hearing in that action on October 19, 2012, shou1d rescheduling of the US Bank hearing to that date be Your Honor's preference. ENDORSEMENT: Conference re-scheduled for 11/2/12 @ 9:45 a.m. (Signed by Judge Colleen McMahon on 9/28/2012) (ft) (Entered: 09/28/2012)
1222012-10-01 MEMORANDUM OF LAW in Opposition re: 107 MOTION for Protective Order and/or to Quash.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 10/01/2012)
1232012-10-01 DECLARATION of Khai LeQuang in Opposition re: 107 MOTION for Protective Order and/or to Quash.. Document filed by U S Bank National Association. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Foresta, Stephen) (Entered: 10/01/2012)
1242012-10-01 SEALED DOCUMENT placed in vault.(mps) (Entered: 10/02/2012)
1252012-10-02 ORDER FOR ADMISSION PRO HAC VICE: granting 88 Motion for Khai LeQuang to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/2/2012) (ja) (Entered: 10/02/2012)
1262012-10-02 MOTION for Waldemar J. Pflepsen, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Declaration of Waldemar J. Pflepsen, Jr. in Support of Motion to Admit Counsel, # 2 Exhibit Certificates of Good Standing, # 3 [Proposed] Order)(Pflepsen, Waldemar) (Entered: 10/02/2012)
1272012-10-02 MOTION for Brian P. Perryman to Appear Pro Hac Vice. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Declaration of Brian P. Perryman in Support of Motion to Admit Counsel, # 2 Exhibit Certificate of Good Standing, # 3 [Proposed] Order)(Perryman, Brian) (Entered: 10/02/2012)
1282012-10-02 MOTION for Melanie Phillips to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7870265. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Phillips, Melanie) (Entered: 10/02/2012)
1292012-10-03 ORDER FOR ADMISSION PRO HAC VICE: granting 128 Motion for Melanie Phillips to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/3/2012) (ja) (Entered: 10/03/2012)
1302012-10-03 ORDER FOR ADMISSION PRO HAC VICE OF WALDEMAR J. PFLEPSEN, JR.: granting 126 Motion for Waldemar J. Pflepsen, Jr. to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/3/2012) (ja) (Entered: 10/03/2012)
1312012-10-03 ORDER FOR ADMISSION PRO HAC VICE OF BRIAN P.PERRYMAN: The motion of Brian P. Perryman, for admission to practice Pro Hac Vice in the abovecaptionedaction is granted.Applicant has declared that he is a member in good standing of the Bars of the Commonwealth of Virginia and the District of Columbia . Applicant having request admission Pro Hac Vice to appear as counsel for PHL Variable Insurance Company in the above-entitled action; It is hereby Ordered that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing dicipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at apply for an ECF PASSWORD.(Signed by Judge Colleen McMahon on 10/03/2012) (ago) Modified on 10/3/2012 (ago). (Entered: 10/03/2012)
1322012-10-04 REPLY MEMORANDUM OF LAW in Support re: 107 MOTION for Protective Order and/or to Quash.. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 10/04/2012)
1332012-10-04 DECLARATION of Jason H. Gould [Reply] in Support re: 107 MOTION for Protective Order and/or to Quash.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gould, Jason) (Entered: 10/04/2012)
1342012-10-09 ORDER FOR ADMISSION PRO HAC VICE OF BRIAN P. PERRYMAN. The motion of Brian P. Perryman, for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Colleen McMahon on 10/09/2012) (ama) (Entered: 10/09/2012)
1352012-10-10 NOTICE OF APPEARANCE by Shaila Rahman Sayma Diwan on behalf of U S Bank National Association (Diwan, Shaila) (Entered: 10/10/2012)
1362012-10-16 SEALED DOCUMENT placed in vault.(mps) (Entered: 10/16/2012)
1372012-10-16 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 107 MOTION for Protective Order and/or to Quash.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 10/16/2012)
1382012-10-16 DECLARATION of /Supplemental Declaration of Stephen G. Foresta in Opposition re: 107 MOTION for Protective Order and/or to Quash.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Foresta, Stephen) (Entered: 10/16/2012)
1392012-10-15 TRANSCRIPT of Proceedings re: civil proceeding held on 10/11/2012 before Magistrate Judge James C. Francis IV. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2012. Redacted Transcript Deadline set for 11/19/2012. Release of Transcript Restriction set for 1/17/2013.(laq) (Entered: 10/19/2012)
1402012-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a civil proceeding held on 10/11/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq) (Entered: 10/19/2012)
1412012-10-19 MOTION to Compel U.S. Bank N.A., as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Interrogatories. Document filed by PHL Variable Insurance Company.(Gould, Jason) (Entered: 10/19/2012)
1422012-10-19 MEMORANDUM OF LAW in Support re: 141 MOTION to Compel U.S. Bank N.A., as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Interrogatories.. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 10/19/2012)
1432012-10-19 DECLARATION of Jason H. Gould in Support re: 141 MOTION to Compel U.S. Bank N.A., as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Interrogatories.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Gould, Jason) (Entered: 10/19/2012)
1442012-10-26 SEALED DOCUMENT placed in vault.(mps) (Entered: 11/05/2012)
1452012-11-05 ENDORSED LETTER addressed to Judge Colleen McMahon from Waldemar J. Pflepsen dated 10/31/2012 re: Request to reschedule the 11/2/2012 initial conference. ENDORSEMENT: Adjournment granted. Conference re-scheduled to 12/14/12 @ 9:30 am. ( Initial Conference reset for 12/14/2012 at 09:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 11/5/2012) (cd) (Entered: 11/05/2012)
1462012-11-05 REPLY MEMORANDUM OF LAW in Support re: 141 MOTION to Compel U.S. Bank N.A., as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Interrogatories.. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 11/05/2012)
1472012-11-05 ORDER: The parties having requested discovery of information that may require substantial privilege review, it is hereby ORDERED that, pursuant to Rule 502(d) of the Federal Rules of Evidence, disclosure shall not constitute waiver of the attorney-client privilege or work product protection in this case or in any other federal or state proceeding. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 11/05/2012) Copies Mailed By Chambers. (ama) (Entered: 11/05/2012)
1482012-11-05 MEMORANDUM AND ORDER denying 94 Motion to Quash; denying 98 Motion to Quash; denying 107 Motion for Protective Order. CONCLUSION: For the reasons set forth above, PHL's motion to quash, or in the alternative, for a protective order (Docket no. 107) is denied. Transamerica's motion to quash (Docket no. 98) and SCOR's motion to quash (Docket no. 94) are each denied upon the condition that US Bank bear the costs of search, collection, and production associated with compliance with the subpoenas. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 11/05/2012) Copies Mailed By Chambers. (ama) (Entered: 11/05/2012)
1492012-11-26 NOTICE OF APPEARANCE by Emilie Beth Cooper on behalf of U S Bank National Association (Cooper, Emilie) (Entered: 11/26/2012)
1502012-12-04 ORDER: The parties should be ready to argue the pending motion to dismiss filed by Defendant PHL Variable Insurance Co. [ECF No. 52] at the upcoming initial pre-trial conference on December 14, 2012, at 9:30a.m. (Oral Argument set for 12/14/2012 at 09:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 12/4/2012) (djc) (Entered: 12/04/2012)
1512012-12-10 MEMORANDUM AND ORDER granting in part and denying in part 141 Motion to Compel. US Bank's motion to compel (Docket no. 141) is granted in partand denied in part to the extent indicated above. The plaintiffshall respond to US Bank's discovery requests as set forth in thisorder by January 7, 2013. (Signed by Magistrate Judge James C. Francis on 12/10/2012) Copies Mailed By Chambers. (mt) (Entered: 12/10/2012)
1522012-12-12 ENDORSED LETTER addressed to Judge Colleen McMahon from Ira S. Lipsius dated 12/11/2012 re: Counsel for plaintiff respectfully request the Court's permission for Tiger to be present and participate in the conference. ENDORSEMENT: I would love to have you there. (Signed by Judge Colleen McMahon on 12/11/2012) (pl) (Entered: 12/12/2012)
153
1542012-12-14 NOTICE OF APPEARANCE by Audra Jan Soloway on behalf of U S Bank National Association (Soloway, Audra) (Entered: 12/14/2012)
1552012-12-17 ORDER: The following order summarizes and expands on the rulings announced at this morning's conference: Merits discovery (other than discovery relating to any Connecticut state law claims) must be completed by September 2, 2013. Any motion for summary judgment must be made on or prior to October 2, 2013. The motion for class certification in Fleisher is due January 11, 2013. If an expert will be offering evidence in support of class certification, the expert's report must be attached to the motion and the expert made available for immediate deposition. Answering papers are due January 25, 2013; the same rules apply regarding experts. Reply papers are due on February 8, 2013.(Discovery due by 9/2/2013., Motions due by 1/11/2013., Responses due by 1/25/2013, Replies due by 2/8/2013.) (Signed by Judge Colleen McMahon on 12/17/2012) Copies by ECF Sent By Chambers. (ama) (Entered: 12/17/2012)
1562013-01-03 ENDORSED LETTER addressed to Judge Colleen McMahon from Waldemar J. Pflepsen, Jr. dated 12/21/2012 re: This is to inform Your Honor that we have prepared, consistent with the discussion at the December 14, 2012 Initial Pretrial Conference, a proposed Consolidated/Amended Stipulated Protective Order Governing the Production and Exchange of Confidential Information in the Fleisher, U.S. Bank and Tiger Capital actions. We have circulated that draft for approval by plaintiffs' counsel and anticipate filing that with the Court next week. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 1/2/2013) (rjm) (Entered: 01/03/2013)
1572013-01-14 CONSOLIDATED/AMENDED STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 1/14/2013) (ft) (Entered: 01/14/2013)
1592013-01-14 MEMORANDUM OF LAW in Support re: 158 MOTION to De-Designate this Case as Related to the Fleisher and Tiger Capital Cases.. Document filed by U S Bank National Association. (Arffa, Allan) (Entered: 01/14/2013)
1602013-01-14 DECLARATION of Khai LeQuang in Support re: 158 MOTION to De-Designate this Case as Related to the Fleisher and Tiger Capital Cases.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit A)(Arffa, Allan) (Entered: 01/14/2013)
1612013-01-16 ORDER STRIKING NOTICE OF APPEARANCE AND MOTION: From all the circumstances, it is obvious that Paul Weiss (my former law firm) came into the case in order to get me off of it. The tactic will not work. Paul Weiss' notice of appearance is stricken, see In re FCC, 208 F.3d 137 (2d Cir. 2000) ("As between a judge already assigned to a panel, and a lawyer who thereafter appears in circumstances where the appearance might cause an assigned judge to be recused, the lawyer will go and the judge will stay. * * * ). The Clerk of the Court should remove Paul Weiss and any lawyers employed by that firm from the list of counsel of record on the docket sheet. Since Paul Weiss' notice of appearance has been stricken, the motion filed yesterday seeking de-designation (Docket #158) is stricken as well, and the Clerk of the Court should remove that motion from the court's list of open motions. If US Bank wants reconsideration of the court's scheduling order (which is what it is actually seeking), it should have Orrick Herrington (which signed the papers setting forth the factual basis for the now stricken application) file a proper motion. I will overlook the fact that the motion is untimely under Local Rule 6.3. (Signed by Judge Colleen McMahon on 1/16/2012) Copy sent to Magistrate Judge Francis By Hand. (djc) (Entered: 01/16/2013)
1622013-01-18 MOTION for Reconsideration re; 155 Order, Set Deadlines/Hearings,,,,,,. Document filed by U S Bank National Association.(Foresta, Stephen) (Entered: 01/18/2013)
1632013-01-18 MEMORANDUM OF LAW in Support re: 162 MOTION for Reconsideration re; 155 Order, Set Deadlines/Hearings,,,,,,. /Plaintiff's Memorandum of Law in Support of Its Motion for Reconsideration.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 01/18/2013)
1642013-01-18 DECLARATION of Khai Lequang in Support re: 162 MOTION for Reconsideration re; 155 Order, Set Deadlines/Hearings,,,,,,.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit A)(Foresta, Stephen) (Entered: 01/18/2013)
1652013-02-07 ORDER LIFTING STAY: The partial stay in U.S. Bank National Association v. PHL Variable Insurance Company, 12 Civ. 6811 (CM)(JCF) is lifted. I can refer PHL's pending motion to dismiss to Magistrate Judge James C. Francis, who will prepare a Report and Recommendation, while the motion is sub judice. Counsel in the U.S. Bank case are free to participate in discovery in the Fleisher and Tiger Capital actions, to the extent that the discovery is common to all three cases. If the motion to dismiss is denied, the plaintiffs in US. Bank will be able to initiate discovery that is peculiar to the claims in their case (if there be any). The Fleisher and Tiger Capital actions will be tried first, ahead of the US. Bank case. The Clerk of the Court is directed to remove the motion for reconsideration at Docket No. 162 in the US. Bank case from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 2/07/2013) Copies by ECF Sent By Chambers. (ama) (Entered: 02/07/2013)
1662013-02-07 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: Motion to dismiss #52. SO ORDERED. Referred to Magistrate Judge James C. Francis. (Signed by Judge Colleen McMahon on 2/07/2013) (ama) (Entered: 02/07/2013)
1672013-02-08 MOTION to Dismiss. Document filed by PHL Variable Insurance Company.(Pflepsen, Waldemar) (Entered: 02/08/2013)
1682013-02-08 MEMORANDUM OF LAW in Support re: 167 MOTION to Dismiss.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit A)(Pflepsen, Waldemar) (Entered: 02/08/2013)
1692013-02-15 MEMORANDUM OF LAW in Opposition re: 167 MOTION to Dismiss. /Plaintiff U.S. Bank National Association's Response to Defendant's Motion to Dismiss and to the Court's February 13, 2013 Order.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 02/15/2013)
1702013-02-20 REPLY MEMORANDUM OF LAW in Support re: 167 MOTION to Dismiss.. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 02/20/2013)
1712013-02-28 MOTION to Compel U.S. Bank National Association, as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Request for Admissions. Document filed by PHL Variable Insurance Company.(Pflepsen, Waldemar) (Entered: 02/28/2013)
1722013-02-28 MEMORANDUM OF LAW in Support re: 171 MOTION to Compel U.S. Bank National Association, as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Request for Admissions.. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 02/28/2013)
1732013-02-28 DECLARATION of Jason H. Gould in Support re: 171 MOTION to Compel U.S. Bank National Association, as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Request for Admissions.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Pflepsen, Waldemar) (Entered: 02/28/2013)
1742013-03-05 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute, Motion to Compel Production of documents. Referred to Magistrate Judge James C. Francis. Motions referred to James C. Francis. (Signed by Judge Colleen McMahon on 3/5/2013) (cd) (Entered: 03/05/2013)
1752013-03-05 REPORT AND RECOMMENDATION: For the foregoing reasons, I recommend that the defendant's motion to dismiss (Docket no. 52) be granted in part and denied in part as follows. The defendant's motion should be granted as to (1) the plaintiff's claims based on the defendant's post-purchase representations regarding the legality of rate increases, and (2) the plaintiff's Fourth Cause of Action. The defendant's motion should be denied in all other respects. Objections to R&R due by 3/22/2013 (Signed by Magistrate Judge James C. Francis on 3/5/2013) Copies Mailed By Chambers. (lmb) (Entered: 03/05/2013)
1762013-03-06 MEMORANDUM AND ORDER:Defendant having filed a motion to compel discovery, it is hereby ORDERED as follows: 1. Plaintiff shall answer the motion by March 15, 2013. 2. Defendant shall reply by March 20, 2013. 3. Pursuant to Rule 37 of the Federal Rules of Civil Procedure, costs, including reasonable attorneys' fees, shall be assessed against a party whose position is found not to have a substantial basis in law or fact., ( Responses due by 3/15/2013, Replies due by 3/20/2013.) (Signed by Magistrate Judge James C. Francis on 3/6/2013) Copies Mailed By Chambers. (lmb) (Entered: 03/06/2013)
1772013-03-14 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Melanie D. Phillips dated 3/13/2013 re: Plaintiff respectfully requests that your Honor extend the deadline for Plaintiff's response to the motion to compel from March 15, 2013 to March 22, 2013, and extend Defendant's deadline to file its reply from March 20, 2013 to March 29, 2013. ENDORSEMENT: Application granted., ( Responses due by 3/22/2013., Replies due by 3/29/2013.) (Signed by Magistrate Judge James C. Francis on 3/14/2013) (lmb) (Entered: 03/14/2013)
1782013-03-19 OBJECTION to 175 Report and Recommendations of the Magistrate Judge Filed March 5, 2013 Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 03/19/2013)
1792013-03-22 MEMORANDUM OF LAW in Opposition re: 171 MOTION to Compel U.S. Bank National Association, as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Request for Admissions.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 03/22/2013)
1802013-03-22 DECLARATION of Melanie D. Phillips in Opposition re: 171 MOTION to Compel U.S. Bank National Association, as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Request for Admissions.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit 1 to Declaration of Melanie D. Phillips, # 2 Exhibit 2 to Declaration of Melanie D. Phillips, # 3 Exhibit 3 to Declaration of Melanie D. Phillips, # 4 Exhibit 4 to Declaration of Melanie D. Phillips, # 5 Exhibit 5 to Declaration of Melanie D. Phillips, # 6 Exhibit 6 to Declaration of Melanie D. Phillips, # 7 Exhibit 7 to Declaration of Melanie D. Phillips, # 8 Exhibit 8 to Declaration of Melanie D. Phillips, # 9 Exhibit 9 to Declaration of Melanie D. Phillips, # 10 Exhibit 10 to Declaration of Melanie D. Phillips, # 11 Exhibit 11 part 1 to Declaration of Melanie D. Phillips, # 12 Exhibit 11 part 2 to Declaration of Melanie D. Phillips, # 13 Exhibit 12 to Declaration of Melanie D. Phillips, # 14 Exhibit 13 to Declaration of Melanie D. Phillips, # 15 Exhibit 14 to Declaration of Melanie D. Phillips, # 16 Exhibit 15 to Declaration of Melanie D. Phillips, # 17 Exhibit 16 to Declaration of Melanie D. Phillips, # 18 Exhibit 17 to Declaration of Melanie D. Phillips, # 19 Exhibit 18 to Declaration of Melanie D. Phillips, # 20 Exhibit 19 to Declaration of Melanie D. Phillips, # 21 Exhibit 20 to Declaration of Melanie D. Phillips, # 22 Exhibit 21 to Declaration of Melanie D. Phillips)(Foresta, Stephen) (Entered: 03/22/2013)
1812013-03-26 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Stephen G. Foresta dated 3/25/2013 re: We write on behalf of plaintiff Lima Acquisition LP and its affiliate Fortress Investment Group (together, "Lima") to request the Court's assistance in resolving a dispute between the parties concerning the scope of the Consolidated/Amended Stipulated Protective Order Governing the Production and Exchange of Confidential Information, dated January 14, 2013 [Dkt. No. 157] (the "Protective Order"). ENDORSEMENT: The Protective Order is deemed amended to permit any party to produce documents, including those designated confidential, to a government agency pursuant to subpoena. However, a party receiving a subpoena shall notify its adversary and defer production to the government agency for three business days to permit the adversary an opportunity to seek to quash or limit the subpoena. (Signed by Magistrate Judge James C. Francis on 3/26/2013) (lmb) (Entered: 03/26/2013)
1822013-03-28 MOTION for Protective Order. Document filed by PHL Variable Insurance Company.(Pflepsen, Waldemar) (Entered: 03/28/2013)
1832013-03-28 MEMORANDUM OF LAW in Support re: 182 MOTION for Protective Order.. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 03/28/2013)
1842013-03-28 DECLARATION of Jason H. Gould in Support re: 182 MOTION for Protective Order.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Pflepsen, Waldemar) (Entered: 03/28/2013)
1852013-03-29 REPLY MEMORANDUM OF LAW in Support re: 171 MOTION to Compel U.S. Bank National Association, as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Request for Admissions.. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 03/29/2013)
1862013-03-29 DECLARATION of Jason H. Gould in Support re: 171 MOTION to Compel U.S. Bank National Association, as securities intermediary for Lima Acquisition LP to Produce Documents and Respond to Request for Admissions.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pflepsen, Waldemar) (Entered: 03/29/2013)
1872013-04-03 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Waldemar J. Pflepsen, Jr. dated 4/3/2013 re: It is Phoenix Life/PHL Variable's position that it is premature for the Court to address this issue before a ruling on Phoenix Life's Rule 72(a) Objection, as that ruling could render the question moot. Even if Judge McMahon were to deny that Objection, her resolution might, at a minimum, provide limitations or clarification on this Court's January 3 Order that would impact the issues to be addressed by the Court. Either way, the question would not appear at this time to be ripe for adjudication. If Your Honor, however, wishes to address the issue prior to resolution of Phoenix Life's Rule 12(a) Objection, PHL is prepared to promptly prepare and file a motion for protective order on the issue at the Court's direction. ENDORSEMENT: The January 3, 2013 Order applies only to the Fleisher action. However, absent a substantial basis for distinguishing the related cases, any motion practice resulting from a failure to follow it in those cases shall be sanctionable. (Signed by Magistrate Judge James C. Francis on 4/3/2013) (lmb) (Entered: 04/03/2013)
1882013-04-05 RESPONSE re: 178 Objection to Report and Recommendations of March 5, 2013. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 04/05/2013)
1892013-04-08 RESPONSE in Opposition re: 182 MOTION for Protective Order.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 04/08/2013)
1902013-04-08 DECLARATION of Khai LeQuang, Esq. in Opposition re: 182 MOTION for Protective Order.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 - REDACTED VERSION, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Foresta, Stephen) (Entered: 04/08/2013)
1912013-04-10 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Stephen G. Foresta dated 4/9/2013 re: U.S. Bank respectfully requests the Court to permit nunc pro tunc U.S. Bank's filing of the redacted exhibit. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 4/10/2013) (lmb) (Entered: 04/10/2013)
1922013-04-11 REPLY MEMORANDUM OF LAW in Support re: 182 MOTION for Protective Order.. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 04/11/2013)
1932013-04-12 REPLY MEMORANDUM OF LAW in Support re: 178 Objection to Report and Recommendations filed March 5, 2013. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 04/12/2013)
1942013-04-22 MEMORANDUM AND ORDER granting in part and denying in part 171 Motion to Compel. PHL's motion to compel (Docket no. 171) is granted in part and denied in part as indicated above. The plaintiff shall respond to PHL's discovery requests as set forth in this order, and shall complete any production required by the December 10 Order, by May 17, 2013. (Signed by Magistrate Judge James C. Francis on 4/22/2013) Copies Mailed By Chambers. (lmb) (Entered: 04/22/2013)
1952013-04-22 MEMORANDUM AND ORDER granting 182 Motion for Protective Order. Please visit the Court's Website at www.nysd.uscourts.gov for Sealed Records Filing Instructions. For the foregoing reasons, PHL's motion for a protective order (Docket no. 182) is granted. (Signed by Magistrate Judge James C. Francis on 4/22/2013) Copies Mailed By Chambers. (lmb) (Entered: 04/22/2013)
1962013-04-23 NOTICE OF APPEARANCE by Steven J. Fink on behalf of U S Bank National Association (Fink, Steven) (Entered: 04/23/2013)
1972013-04-24 MEMO ENDORSEMENT on 175 Report and Recommendations. ENDORSEMENT: Having reviewed the objections filed by various parties, I adopt Judge Francis' opinion as the opinion of the Court. The motion to dismiss is granted to the extent of dismissing the fourth cause of action and claims based on post-purchase representations about the legality of rate increases, and is otherwise denied. I understand Judge Francis to find that the complaint sufficiently alleges that statements originally made some years ago were re-transmitted at a later date to the plaintiffs- which would make them timely. If the facts do not bear this out, then of course I will entertain a motion for summary judgment on statute of limitations grounds. The Clerk should remove the motion at docket #52 from the court's list of active motions. (Signed by Judge Colleen McMahon on 4/24/2013) (cd) (Entered: 04/24/2013)
1982013-04-25 NOTICE OF APPEARANCE by Gregory P. Joseph on behalf of U S Bank National Association (Joseph, Gregory) (Entered: 04/25/2013)
1992013-04-25 NOTICE OF APPEARANCE by Peter R. Jerdee on behalf of U S Bank National Association (Jerdee, Peter) (Entered: 04/25/2013)
2002013-04-25 NOTICE OF APPEARANCE by Rachel Mead Cherington on behalf of U S Bank National Association (Cherington, Rachel) (Entered: 04/25/2013)
2012013-04-25 NOTICE OF APPEARANCE by Courtney Alyssa Solomon on behalf of U S Bank National Association (Solomon, Courtney) (Entered: 04/25/2013)
2022013-04-30 SEALED DOCUMENT placed in vault.(mps) (Entered: 04/30/2013)
2032013-05-14 SECOND AMENDED COMPLAINT amending 47 Amended Complaint against PHL Variable Insurance Company with JURY DEMAND.Document filed by U S Bank National Association. Related document: 47 Amended Complaint filed by U S Bank National Association.(js) (sdi). (Entered: 05/17/2013)
2042013-05-17 CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Amended Pleadings due by 8/15/2013. Joinder of Parties due by 6/18/2013. Motions for summary judgment due by 12/2/2013. Responses due by 1/8/2014. Replies due by 1/29/2014. Fact Discovery due by 9/2/2013. All Discovery due by 11/8/2013. Joint Pretrial Order due by 2/11/2014. The parties may at any time consent to have this case tried before the assigned Magistrate Judge pursuant to 28 U.S.C. Section 636(c). (Signed by Judge Colleen McMahon on 5/17/2013) (cd) (Entered: 05/17/2013)
2052013-05-29 CONSENT MOTION for Extension of Time to File Answer , Move, or Otherwise Respond. Document filed by PHL Variable Insurance Company.(Gould, Jason) (Entered: 05/29/2013)
2062013-05-31 ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY THIS CASE AND THE CASE AT DOCKET NO. 13 CIV. 1580 SHOULD NOT BE TRANSFERRED TO THE DISTRICT OF CONNECTICUT FOR CONSOLIDATION WITH A RELATED CASE IN THAT DISTRICT: Before the court (Docket # 167) is Defendant's motion to dismiss this action on the ground that it duplicates a case entitled Lima LC plc v. PHL Variable Life Insurance Company et al., 12 Civ. 1122 (D. Conn.). Rather than dismiss the case, the court believes that it should be sua sponte transferred it to the District of Connecticut, which is where it should have been transferred in the first place (it was filed in California; the court expresses no opinion about whether it should have simply remained there). That way, this case can be heard with the Lima LS plc Action (the CT Complaint), and to avoid any risk of inconsistent judgments in two actions involving the same parties, insurance policies and laws. Earlier this year, US Bank National Association filed a second lawsuit in this court, asserting the same allegations in connection with a different group of policies owned by Lima Acquisition LP. I also direct plaintiffs to show cause, by June 7, 2013, why that case - US Bank National Association, a national association, as securities intermediary for Lima Acquisition, LP v. PHL Variable Insurance Company, No. 13 Civ. 1580 - should not also be transferred to the District of Connecticut. If the cases are transferred, PHL must notify the judge in Connecticut of this transfer and to provide him or her with a copy of this opinion. Nothing in this order countermands or alters in any way the fact that, as ordered in yesterday's telephone conference, PHL's time to move or answer the Second Amended Complaint in this action expires on June 7, 2013. The Fleischer and Tiger actions, which arise under New York law, will continue to be litigated in this court. (Signed by Judge Colleen McMahon on 5/31/2013) Filed in associated case 13-cv-1580. (ft) Modified on 5/31/2013 (ft). (Entered: 05/31/2013)
2072013-06-05 CONSOLIDATED/SECOND AMENDED STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 6/5/2013) (cd) (Entered: 06/05/2013)
2082013-06-05 NOTICE OF APPEARANCE by Samuel Neil Fraidin on behalf of U S Bank National Association (Fraidin, Samuel) (Entered: 06/05/2013)
2092013-06-07 RESPONSE TO ORDER TO SHOW CAUSE re: 206 Order to Show Cause,,,,,,,,. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 06/07/2013)
2102013-06-07 MOTION for Protective Order. Document filed by PHL Variable Insurance Company.(Pflepsen, Waldemar) (Entered: 06/07/2013)
2112013-06-07 MEMORANDUM OF LAW in Support re: 210 MOTION for Protective Order.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Pflepsen, Waldemar) (Entered: 06/07/2013)
2122013-06-07 MOTION to Dismiss. Document filed by PHL Variable Insurance Company.(Gould, Jason) (Entered: 06/07/2013)
2132013-06-07 MEMORANDUM OF LAW in Support re: 212 MOTION to Dismiss.. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 06/07/2013)
2142013-06-07 RESPONSE TO ORDER TO SHOW CAUSE re: 206 Order to Show Cause,,,,,,,,. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 06/07/2013)
2152013-06-11 ENDORSED LETTER addressed to Judge Colleen McMahon from Waldemar J. Pflepsen, Jr. dated 6/10/2013 re: This letter is sent in response to that sent to this Court today by U.S. Bank in the above captioned matter, in response to the motion for a protective order filed by defendant Phoenix Life on June 7, 2013. ENDORSEMENT: I agree that Judge Francis should decide the scope of the order. Therefore, why is everyone writing to me? I am neither deciding nor staying anything. (Signed by Judge Colleen McMahon on 6/11/2013) (cd) (Entered: 06/11/2013)
2162013-06-12 ORDER denying 210 Motion for Protective Order. Defendants in these related cases, Phoenix Life Insurance Company and PHL Variable Insurance Company (collectively, "Phoenix") having filed motions for a stay of my Memorandum and Order dated January 3, 2013 (the "January 3 Order") and for a protective order, it is hereby ORDERED as follows: 1. Judge McMahon has denied the motion for a stay. (Memorandum Endorsement dated June 11, 2013, in 11 Civ. 8405). Had she not already acted, I would likewise have denied the motion. 2. The motion for a protective order (Docket no. 119 in 11 Civ. 8405; Docket no. 210 in 12 Civ. 6811; Docket no. 23 in 12 Civ.2939) is denied in all respects. It is too late in the day for Phoenix to be seeking "clarification" of an order issued five months ago. With respect to documents that were presented by Towers Watson to Phoenix for review after the January 3 Order issued, the simple answer is that no privilege or work product protection has been properly asserted, and they are therefore subject to discovery. Moreover, the Towers Watson documents are discoverable regardless of whether they were in the possession of Towers Watson or of Phoenix. Finally, Judge McMahon has established that discovery in any of these related cases be made available in all of them. (December 17, 2012 Order in 12 Civ. 6811, paragraph 2). 3. Towers Watson and Phoenix shall produce the Towers Watson documents by June 19, 2013, failing which the Court will entertain an application to hold them in contempt. (Signed by Magistrate Judge James C. Francis on 6/12/2013) Copies Mailed By Chambers. (lmb) (Entered: 06/12/2013)
2172013-06-12 MOTION to Withdraw /Notice of Motion to Withdraw as Counsel for Plaintiff. Document filed by U S Bank National Association. (Attachments: # 1 Text of Proposed Order)(Foresta, Stephen) (Entered: 06/12/2013)
2182013-06-12 DECLARATION of Stephen G. Foresta in Support re: 217 MOTION to Withdraw /Notice of Motion to Withdraw as Counsel for Plaintiff.. Document filed by U S Bank National Association. (Foresta, Stephen) (Entered: 06/12/2013)
2192013-06-13 MEMO ENDORSED re 217 Motion to Withdraw. ENDORSEMENT: Granted - docket sheet needs to be changed to substitute new counsel. (Signed by Judge Colleen McMahon on 6/12/2013) (cd) Modified on 6/17/2013 (cd). (Entered: 06/13/2013)
2202013-06-19 LETTER addressed to To All Counsel in the Cases Listed Below: from Mariela de Jesus, Deputy Clerk to Judge McMahon dated 6/19/2013 re: Remittal of Qualifications, as further set forth in this letter. If no submissions are received by the close of business on June 21, 2013, the judge will consider that any possible objection arising out of this fact is waived. If any party notifies the Clerk of the Court that it believes this matter warrants recusal, the judge will determine the issue.(cd) (Entered: 06/19/2013)
2212013-06-25 ORDER re 167 Motion to Dismiss. After reviewing the parties' submissions, I conclude that these two cases will remain in the Southern District of New York. I am not dismissing these cases as duplicative of the Lima PLC case now pending in Connecticut, as requested in Defendant's motion dated February 8, 2013. That motion (Docket #167 in Docket No. 12 Civ. 6811) is hereby DENIED, and the motion is to be removed from the court's list of active motions. I understand that yet another motion to dismiss has been filed by PHL. It appears to be a motion seeking partial dismissal of the Second Amended Complaint- which assert claims for breach of the implied covenant of good faith and fair dealing and for declaratory judgment- on the ground that those claims are " internally" duplicative of the breach of contract claim asserted in Count I. I understand that the parties have agreed to a briefing schedule, which I "so ordered" this morning. The class certification motion in the related Fleischer case should be out this week or next. (Signed by Judge Colleen McMahon on 6/25/2013) Copies Sent By ECF By Chambers. (cd) (Entered: 06/25/2013)
2222013-06-26 STIPULATION AND ORDER EXTENDING TIME: It is hereby stipulated and agreed that: (1) the time for Plaintiff to file its opposition to Defendant's motion to dismiss shall be extended to and including July 1, 2013; and (2) the time for Defendant to file its reply shall be extended to and including July 15, 2013. Set Deadlines/Hearing as to (212 in 1:12-cv-06811-CM-JCF) MOTION to Dismiss. (27 in 1:13-cv-01580-CM) MOTION to Dismiss. ( Responses due by 7/1/2013, Replies due by 7/15/2013.) (Signed by Judge Colleen McMahon on 6/24/2013) (cd) (Entered: 06/26/2013)
2232013-07-01 Objection re: 216 Order on Motion for Protective Order,,,,,, Under Rule 72(a). Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 07/01/2013)
2242013-07-01 RESPONSE in Opposition re: 212 MOTION to Dismiss.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 07/01/2013)
2252013-07-03 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Raul A. Cuervo to Appear Pro Hac Vice. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order)(Cuervo, Raul) Modified on 7/10/2013 (bcu). (Entered: 07/03/2013)
2262013-07-03 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Raul A. Cuervo to Appear Pro Hac Vice. Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Declaration in Support, # 2 Text of Proposed Order)(Cuervo, Raul) Modified on 7/10/2013 (bcu). (Entered: 07/03/2013)
2272013-07-08 ORDER FOR ADMISSION PRO HAC VICE OF RAUL A. CUERVO granting 226 Motion for Raul A. Cuervo to Appear Pro Hac Vice for defendant. (Signed by Judge Colleen McMahon on 7/8/2013) (cd) (Entered: 07/08/2013)
2282013-07-09 LETTER addressed to All Counsel from Judge Colleen McMahon dated 7/9/2013 re: Judge McMahon knows that the Lima Acquisition policies are not New York policies and assumes that the Lima plaintiffs are not putative class members. Please advise if this is not correct. Where were the Tiger Capital policies issued? Is Tiger a class member? (cd) (Entered: 07/09/2013)
2292013-07-15 ORDER: Plaintiffs in these related cases shall initially be entitled to take, collectively, up to 15 depositions. Additional depositions will be permitted upon a showing of good cause. Absent agreement otherwise, depositions of defendants' current and former employees shall be taken in the district of the deponent's residence or principal place of business. In particular, the depositions of the two former employees in dispute shall be taken in Hartford, Connecticut. Counsel in the Tiger Capital case shall advise the Court by July 19, 2013, if they have resolved the issue of redaction of confidential information. (Signed by Magistrate Judge James C. Francis on 7/15/2013) (tro) (Entered: 07/15/2013)
2302013-07-15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #231) - MEMORANDUM OF LAW in Support re: 212 MOTION to Dismiss.. Document filed by PHL Variable Insurance Company. (Jorden, Stephen) Modified on 7/16/2013 (ldi). (Entered: 07/15/2013)
2312013-07-15 REPLY MEMORANDUM OF LAW in Support re: 212 MOTION to Dismiss.. Document filed by PHL Variable Insurance Company. (Jorden, Stephen) (Entered: 07/15/2013)
2322013-07-15 OPPOSITION BRIEF re: 223 Objection (non-motion) to Magistrate Judge's June 12, 2013 Order. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 07/15/2013)
2332013-07-19 ORDER REJECTING OBJECTION AND AFFIRMING MAGISTRATE JUDGE'S ORDER: I thus affirm in all respects Judge Francis' order of June 12, 2013, and add the following: If Phoenix does not produce/share all the documents covered by the order by 5 PM on Friday, August 2, 2013, I will deem it in incurable default of the order, and will entertain a motion by the plaintiffs for an order pursuant to Fed. R. Civ. P. 37, precluding Phoenix from disputing the truth of whatever propositions plaintiffs deem relevant. I will not extend this date and time for any reason. Either Phoenix complies now or it pays the price for the price for non-compliance. Copies Sent By ECF By Chambers (Signed by Judge Colleen McMahon on 7/19/2013) (cd) (Entered: 07/19/2013)
2342013-07-19 MOTION to Compel PHL Variable Ins. Co. to Produce Documents. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 07/19/2013)
2352013-07-19 MEMORANDUM OF LAW in Support re: 234 MOTION to Compel PHL Variable Ins. Co. to Produce Documents.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 07/19/2013)
2362013-07-19 DECLARATION of Peter R. Jerdee in Support re: 234 MOTION to Compel PHL Variable Ins. Co. to Produce Documents.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Joseph, Gregory) (Entered: 07/19/2013)
2372013-07-19 SEALED DOCUMENT placed in vault.(mps) (Entered: 07/22/2013)
2382013-07-19 ORDER: that U.S. Bank's 7/19/2013 Motion to Compel Production of Documents and its Memorandum of Law and Declaration of Peter R. Jerdee in support thereof, with exhibits annexed thereto, shall be filed under seal. (Signed by Magistrate Judge James C. Francis on 7/19/2013) (tro) (Entered: 07/22/2013)
2392013-07-25 MEMORANDUM OF LAW in Opposition re: 234 MOTION to Compel PHL Variable Ins. Co. to Produce Documents.. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 07/25/2013)
2402013-07-25 DECLARATION of Ben V. Seessel in Opposition re: 234 MOTION to Compel PHL Variable Ins. Co. to Produce Documents.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Gould, Jason) (Entered: 07/25/2013)
2412013-07-25 CROSS MOTION to Compel Plaintiff to Produce Documents. Document filed by PHL Variable Insurance Company.(Gould, Jason) (Entered: 07/25/2013)
2422013-07-25 MEMORANDUM OF LAW in Support re: 241 CROSS MOTION to Compel Plaintiff to Produce Documents.. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 07/25/2013)
2432013-07-25 DECLARATION of Ben V. Seessel in Support re: 241 CROSS MOTION to Compel Plaintiff to Produce Documents.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit A)(Gould, Jason) (Entered: 07/25/2013)
2442013-07-26 NOTICE OF APPEARANCE by Ben v Seessel on behalf of PHL Variable Insurance Company. (Seessel, Ben) (Entered: 07/26/2013)
2452013-07-26 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #246) - MOTION to Add Party(ies) Paul G. Williams with Attachment 1 Declaration of Paul G. Williams, Attachment 2 Proposed Order for Admission. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Affidavit Attachment 1, # 2 Text of Proposed Order Attachment 2)(Williams, Paul) Modified on 7/29/2013 (ldi). (Entered: 07/26/2013)
2462013-07-26 MOTION for Paul G. Williams to Appear Pro Hac Vice with Attachment 1, Declaration of Paul G. Williams, Attachment 2 Proposed Order. Filing fee $ 200.00, receipt number 0208-8728899. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Affidavit Attachment 1 Declaration of Paul G. Williams, # 2 Text of Proposed Order Attachment 2 Proposed Order)(Williams, Paul) (Entered: 07/26/2013)
2472013-07-29 ORDER: IT IS this 29th day of July, 2013, ORDERED that Defendant PHL Variable Insurance Company's July 25, 2013 Opposition to Plaintiff's Motion to Compel and its Memorandum of Law and Declaration of Ben V. Seessel in support thereof, with exhibits annexed thereto, and its Cross Motion to Compel the Production of Documents and its Memorandum of Law and Declaration of Ben V. Seessel in support thereof, with exhibit annexed thereto, shall be filed under seal. (Signed by Magistrate Judge James C. Francis on 7/29/2013) (lmb) (Entered: 07/29/2013)
2482013-07-30 ORDER FOR ADMISSION PRO HAC VICE OF PAUL G. WILLIAMS granting 246 Motion for Paul G. Williams to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 7/30/2013) (cd) (Entered: 07/30/2013)
2492013-07-30 MEMORANDUM OF LAW in Opposition re: 241 CROSS MOTION to Compel Plaintiff to Produce Documents.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 07/30/2013)
2502013-07-30 DECLARATION of Peter R. Jerdee in Opposition re: 241 CROSS MOTION to Compel Plaintiff to Produce Documents.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2)(Joseph, Gregory) (Entered: 07/30/2013)
2512013-07-30 SEALED DOCUMENT placed in vault.(mps) (Entered: 07/30/2013)
2522013-07-31 ORDER denying 241 Motion to Compel. The parties having submitted cross- motions to compel the production of documents, and oral argument having been held on July 31, 2013, it is hereby ORDERED as follows: 1. The motion of U.S. Bank National Association ("U.S. Bank") (Docket no. 234 in 12 Civ. 6811 and Docket no. 42 in 13 Civ. 1580) is denied. U.S. Bank waived the redaction issue by waiting months to raise it with the Court and, in any event, it has failed to demonstrate any systemic failure in the redaction process utilized by PHL Variable Insurance Company ("PHL"). With respect to the production of deposition transcripts, U. S. Bank's demand was overbroad, and there has been no showing that PHL is withholding transcripts containing information relevant to the claims and defenses in this case. 2. PHL's motion (Docket no. 241 in 12 Civ. 6811 and Docket no. 49 in 13 Civ. 1580) is denied as moot. U.S. Bank previously agreed to produce the requested documents and expects to complete that production by August 16, 2013. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 7/31/2013) Copies Sent By Chambers. (rsh). (Entered: 07/31/2013)
2532013-08-20 MOTION to Preclude Evidence of Plaintiff's Claimed Damages. Document filed by PHL Variable Insurance Company.(Perryman, Brian) (Entered: 08/20/2013)
2542013-08-20 MEMORANDUM OF LAW in Support re: 253 MOTION to Preclude Evidence of Plaintiff's Claimed Damages.. Document filed by PHL Variable Insurance Company. (Perryman, Brian) (Entered: 08/20/2013)
2552013-08-20 DECLARATION of Brian P. Perryman in Support re: 253 MOTION to Preclude Evidence of Plaintiff's Claimed Damages.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Perryman, Brian) (Entered: 08/20/2013)
2562013-08-21 MOTION to Compel Plaintiff to Answer Deposition Questions and to Produce Documents Concerning Investigations Conducted by or for Plaintiff. Document filed by PHL Variable Insurance Company.(Perryman, Brian) (Entered: 08/21/2013)
2572013-08-21 MEMORANDUM OF LAW in Support re: 256 MOTION to Compel Plaintiff to Answer Deposition Questions and to Produce Documents Concerning Investigations Conducted by or for Plaintiff.. Document filed by PHL Variable Insurance Company. (Perryman, Brian) (Entered: 08/21/2013)
2582013-08-21 DECLARATION of Brian P. Perryman in Support re: 256 MOTION to Compel Plaintiff to Answer Deposition Questions and to Produce Documents Concerning Investigations Conducted by or for Plaintiff.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Perryman, Brian) (Entered: 08/21/2013)
2592013-08-22 STIPULATION AND ORDER EXTENDING TIME TO COMPLETE RULE 30(b)(6) DEPOSITION: the parties agree to complete the Rule 30(b)(6) deposition on those topics on or before September 6, 2013. (Deposition due by 9/6/2013.) (Signed by Judge Colleen McMahon on 8/21/2013) (tn) (Entered: 08/22/2013)
2602013-08-27 ORDER: that U.S. Bank's August 27, 2013 Memorandum of Law in Opposition to PHL's Motion to Preclude Evidence of Plaintiff's Claimed Damages; the Declaration of Samuel N. Fraidin in support thereof, with exhibits annexed thereto; and the Declaration of Mats Ola Eriksson, shall be filed under seal. (Signed by Magistrate Judge James C. Francis on 8/27/2013) (tn) (Entered: 08/27/2013)
2612013-08-27 MEMORANDUM OF LAW in Opposition re: 253 MOTION to Preclude Evidence of Plaintiff's Claimed Damages.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 08/27/2013)
2622013-08-27 DECLARATION of Samuel N. Fraidin in Opposition re: 253 MOTION to Preclude Evidence of Plaintiff's Claimed Damages.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9, # 10 Exhibit Ex. 10, # 11 Exhibit Ex. 11, # 12 Exhibit Ex. 12, # 13 Exhibit Ex. 13)(Joseph, Gregory) (Entered: 08/27/2013)
2632013-08-27 DECLARATION of Courtney A. Solomon in Opposition re: 253 MOTION to Preclude Evidence of Plaintiff's Claimed Damages.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 08/27/2013)
2642013-08-27 SEALED DOCUMENT placed in vault.(mps) (Entered: 08/28/2013)
2652013-08-28 MEMORANDUM OF LAW in Opposition re: 256 MOTION to Compel Plaintiff to Answer Deposition Questions and to Produce Documents Concerning Investigations Conducted by or for Plaintiff.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 08/28/2013)
2662013-08-28 DECLARATION of Courtney A. Solomon in Opposition re: 256 MOTION to Compel Plaintiff to Answer Deposition Questions and to Produce Documents Concerning Investigations Conducted by or for Plaintiff.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4)(Joseph, Gregory) (Entered: 08/28/2013)
2672013-09-03 REPLY MEMORANDUM OF LAW in Support re: 253 MOTION to Preclude Evidence of Plaintiff's Claimed Damages.. Document filed by PHL Variable Insurance Company. (Perryman, Brian) (Entered: 09/03/2013)
2682013-09-03 DECLARATION of Brian P. Perryman in Support re: 253 MOTION to Preclude Evidence of Plaintiff's Claimed Damages.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit)(Perryman, Brian) (Entered: 09/03/2013)
2692013-09-03 REPLY MEMORANDUM OF LAW in Support re: 256 MOTION to Compel Plaintiff to Answer Deposition Questions and to Produce Documents Concerning Investigations Conducted by or for Plaintiff.. Document filed by PHL Variable Insurance Company. (Perryman, Brian) (Entered: 09/03/2013)
2702013-09-03 STIPULATION REGARDING THE AUTHENTICITY OF DOCUMENTS: Documents produced to a party to this action by another party or a third party in response to compulsory process (e.g., subpoena), a document request served upon a party pursuant to Fed. R. Civ. P. 34, or otherwise, shall be deemed authentic for the purposes of this lawsuit only, absent good cause, and as further set forth in this document. (Signed by Judge Colleen McMahon on 9/3/2013) (cd) (Entered: 09/04/2013)
2712013-09-10 MOTION for David T. McDowell to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8856807. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Certificate of Good Standing, # 2 Order for Admission Pro Hac Vice)(McDowell, David) (Entered: 09/10/2013)
2722013-09-10 MOTION for Thomas F.A. Hetherington to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8856929. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Certificates of Good Standing, # 2 Order for Admission Pro Hac Vice)(Hetherington, Thomas) (Entered: 09/10/2013)
2732013-09-10 MOTION for Jarrett E. Ganer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8857043. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Certificate of Good Standing, # 2 Order for Admission Pro Hac Vice)(Ganer, Jarrett) (Entered: 09/10/2013)
2742013-09-13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Shannon A. Lang to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8869048. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Certificates of Good Standing (SAL), # 2 Order)(Lang, Shannon) Modified on 9/13/2013 (bcu). (Entered: 09/13/2013)
2752013-09-18 NOTICE OF CHANGE OF ADDRESS by Gregory P. Joseph on behalf of U S Bank National Association. New Address: Joseph Hage Aaronson LLC, 485 Lexington Ave., 30th Floor, New York, New York, United States 10017, 2124071200. (Joseph, Gregory) (Entered: 09/18/2013)
2762013-09-18 NOTICE OF CHANGE OF ADDRESS by Peter R. Jerdee on behalf of U S Bank National Association. New Address: Joseph Hage Aaronson LLC, 485 Lexington Ave., 30th Floor, New York, New York, United States 10017, 2124071200. (Jerdee, Peter) (Entered: 09/18/2013)
2772013-09-18 NOTICE OF CHANGE OF ADDRESS by Rachel Mead Cherington on behalf of U S Bank National Association. New Address: Joseph Hage Aaronson LLC, 485 Lexington Ave., 30th Floor, New York, New York, United States 10017, 2124071200. (Cherington, Rachel) (Entered: 09/18/2013)
2782013-09-18 NOTICE OF CHANGE OF ADDRESS by Courtney Alyssa Solomon on behalf of U S Bank National Association. New Address: Joseph Hage Aaronson LLC, 485 Lexington Ave., 30th Floor, New York, New York, United States 10017, 2124071200. (Solomon, Courtney) (Entered: 09/18/2013)
2792013-09-18 NOTICE OF CHANGE OF ADDRESS by Samuel Neil Fraidin on behalf of U S Bank National Association. New Address: Joseph Hage Aaronson LLC, 485 Lexington Ave., 30th Floor, New York, New York, United States 10017, 2124071200. (Fraidin, Samuel) (Entered: 09/18/2013)
2802013-09-20 ORDER FOR ADMISSION PRO HAC VICE granting 271 Motion for David T. McDowell to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States Court for the Southern District of New York. (Signed by Judge Colleen McMahon on 9/20/2013) (ft) (Entered: 09/20/2013)
2812013-09-20 ORDER FOR ADMISSION PRO HAC VICE granting 273 Motion for Jarrett E. Garner to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States Court for the Southern District of New York. (Signed by Judge Colleen McMahon on 9/20/2013) (ft) (Entered: 09/20/2013)
2822013-09-20 ORDER FOR ADMISSION PRO HAC VICE granting 272 Motion for Thomas F. A. Hetherington to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States Court for the Southern District of New York. (Signed by Judge Colleen McMahon on 9/20/2013) (ft) (Entered: 09/20/2013)
2832013-09-23 AMENDED MOTION for Shannon A. Lang to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Certificates of Good Standing, # 2 Order for Admission Pro Hac Vice)(Lang, Shannon) (Entered: 09/23/2013)
2842013-09-26 ORDER FOR ADMISSION PRO HAC VICE granting 283 Motion for Shannon A. Lang to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States Court for the Southern District of New York. (Signed by Judge Colleen McMahon on 9/26/2013) (ft) (Entered: 09/26/2013)
2852013-10-03 MEMORANDUM AND ORDER denying 253 Motion to Preclude; denying 256 Motion to Compel: For the foregoing reasons, PHL's motion to preclude (Docket no. 253 in 12 Civ. 6811, Docket no. 58 in 13 Civ. 1580) is denied. PHL's motion to compel (Docket no. 256 in 12 Civ. 6811, Docket no. 61 in 13 Civ. 1580) is denied without prejudice to PHL submitting a letter demonstrating the relevance of the non-privileged information it seeks within three days of the date of this Order. (Signed by Magistrate Judge James C. Francis on 10/3/2013) Copies Mailed By Chambers. (tn) Modified on 10/3/2013 (tn). (Entered: 10/03/2013)
2862013-10-10 LETTER addressed to Magistrate Judge James C. Francis IV from Waldemar J. Pflepsen, Jr. dated 9/6/2013 re: This letter responds to the September 4, 2013, letter submitted to the Court on behalf of plaintiff U.S. Bank National Association, as securities intermediary for Lima Acquisition LP. Document filed by PHL Variable Insurance Company.(ft) (Entered: 10/11/2013)
2872013-10-10 LETTER addressed to Magistrate Judge James C. Francis IV from Gregory P. Joseph dated 9/4/2013 re: This letter is submitted to bring to the Court's attention new evidence that did not exist on August 27, 2013, when we filed U.S. Bank's papers in opposition to PHL's Motion to Preclude Evidence of Plaintiff's Claimed Damages. Document filed by U S Bank National Association.(ft) (Entered: 10/11/2013)
2882013-10-10 LETTER addressed to Magistrate Judge James C. Francis IV from Gregory P. Joseph dated 9/17/2013 re: This letter is submitted in response to Phoenix's letter to the Court of September 6, 2013, and to bring to the Court's attention new evidence supporting U.S. Bank's opposition to PHL's Motion to Preclude Evidence of Plaintiff's Claimed Damages. Document filed by U S Bank National Association.(ft) (Entered: 10/11/2013)
2892013-10-15 STIPULATION AND ORDER FOR EXTENSION OF TIME: Accordingly, subject to the Court's approval, the parties agree to exchange expert rebuttal reports on 10/23/2013; to complete expert discovery by 11/15/2013, and to file motions for summary judgment by 12/6/2013. (Expert Discovery due by 11/15/2013. Motions due by 12/6/2013.) (Signed by Judge Colleen McMahon on 10/15/2013) (tro) (Entered: 10/15/2013)
2902013-10-10 LETTER addressed to Magistrate Judge James C. Francis IV from Waldemar J. Pflepsen, Jr dated 9/18/13 re: Counsel writes in response to the 9/17/13 letter submitted by plaintiff U.S. Bank, N.A., as securities intermediary for Lima Acquisition LP. Document filed by PHL Variable Insurance Company, PHL Variable Insurance Company. ***Accepted for filing as a docket and file by Chambers. (mro) (Entered: 10/17/2013)
2912013-11-12 NOTICE of Motion on Consent to Exceed Page Limits. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit 1)(Joseph, Gregory) (Entered: 11/12/2013)
2922013-11-12 MOTION for Leave to File Excess Pages. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit 1)(Joseph, Gregory) (Entered: 11/12/2013)
2932013-11-12 MEMORANDUM OF LAW in Support re: 292 MOTION for Leave to File Excess Pages.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 11/12/2013)
2942013-11-12 STIPULATION AND ORDER EXTENDING TIME TO COMPLETE DEPOSITION OF LARRY N. STERN: Expert discovery is ordered to be completed in the three above-captioned matters on November 15, 2013. The parties agree to complete the deposition of Mr. Stern on or before November 21, 2013. All other expert discovery in these three related Fleisher and U.S. Bank actions is expected to be completed on or before November 15, 2013; the Court has scheduled the filing of summary judgment motions on December 6, 2013; and no trial date has been set. ( Deposition due by 11/21/2013., Expert Discovery due by 11/15/2013., Motions due by 12/6/2013.) (Signed by Judge Colleen McMahon on 11/12/2013) (mro) (Entered: 11/12/2013)
2952013-11-22 ORDER granting 292 Motion for Leave to File Excess Pages: that Plaintiff's Motion on Consent to Exceed Page Limits is GRANTED. Plaintiff and Defendant have permission to submit memoranda of law in support of and in opposition to the parties' respective motions for summary judgment not to exceed 35 pages in length, and to submit reply memoranda in support of their respective motions not to exceed 15 pages in length. (Signed by Judge Colleen McMahon on 11/21/2013) (tn) (Entered: 11/22/2013)
2962013-12-06 MOTION to Seal. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 12/06/2013)
2972013-12-06 MOTION for Summary Judgment. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 12/06/2013)
2982013-12-06 MEMORANDUM OF LAW in Support re: 297 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 12/06/2013)
2992013-12-06 RULE 56.1 STATEMENT. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 12/06/2013)
3002013-12-06 DECLARATION of Rachel M. Cherington in Support re: 297 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit 1A, 1C-1K, # 2 Exhibit 1B, # 3 Exhibit 2-70, # 4 Exhibit 71, # 5 Exhibit 72, # 6 Exhibit 73, # 7 Exhibit 74, # 8 Exhibit 75-88, # 9 Exhibit 89, # 10 Exhibit 90, # 11 Exhibit 91-93, # 12 Exhibit 94, # 13 Exhibit 95, # 14 Exhibit 96, # 15 Exhibit 97, # 16 Exhibit 98, # 17 Exhibit 99-100, # 18 Exhibit 101, # 19 Exhibit 102, # 20 Exhibit 103, # 21 Exhibit 104, # 22 Exhibit 105, # 23 Exhibit 106, # 24 Exhibit 107, # 25 Exhibit 108, # 26 Exhibit 109, # 27 Exhibit 110, # 28 Exhibit 111-126, # 29 Exhibit 127, # 30 Exhibit 128, # 31 Exhibit 129, # 32 Exhibit 130)(Joseph, Gregory) (Entered: 12/06/2013)
3012013-12-06 DECLARATION of Mark J. Browne in Support re: 297 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 12/06/2013)
3022013-12-06 MOTION for Leave to File Papers Under Seal. Document filed by PHL Variable Insurance Company.(Pflepsen, Waldemar) (Entered: 12/06/2013)
3032013-12-06 MOTION for Summary Judgment. Document filed by PHL Variable Insurance Company.(Pflepsen, Waldemar) (Entered: 12/06/2013)
3042013-12-06 RULE 56.1 STATEMENT. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 12/06/2013)
3052013-12-06 DECLARATION of Waldemar J. Pflepsen, Jr. in Support re: 303 MOTION for Summary Judgment.. Document filed by PHL Variable Insurance Company. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Pflepsen, Waldemar) (Entered: 12/06/2013)
3062013-12-06 MEMORANDUM OF LAW in Support re: 303 MOTION for Summary Judgment.. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 12/06/2013)
3072013-12-09 ORDER granting 302 Motion for Leave to File Document. All designated papers in all pending motions (dockets #302, 296) are to be filed under seal TEMPORARILY. Counsels are to provide the court with a hard copy of sealed papers highlighting the supposedly "Evidential" material, with Phoenix explaining in a written submission what is so confidential about it. (Signed by Judge Colleen McMahon on 12/9/2013) (ft) Modified on 12/9/2013 (ft). (Entered: 12/09/2013)
3082013-12-12 SEALED DOCUMENT placed in vault.(nm) (Entered: 12/12/2013)
3092013-12-13 SEALED DOCUMENT placed in vault.(nm) (Entered: 12/13/2013)
3102014-01-08 LETTER addressed to All counsel in PHL Variable Ins. Co. cases from Judge Colleen McMahon dated 1/8/2014 re: I am in the process of reviewing your December 20 submissions. Parties have until next Monday, January 13, at 5 PM to submit opposing points of view. In view of the volume of material and my trial schedule, I may have to submit this to Magistrate Judge Francis to make final determinations. (ft) (Entered: 01/08/2014)
3112014-01-08 MOTION to Seal. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 01/08/2014)
3122014-01-08 MEMORANDUM OF LAW in Opposition re: 303 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/08/2014)
3132014-01-08 RULE 56.1 STATEMENT. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/08/2014)
3142014-01-08 DECLARATION of Mark J. Browne in Opposition re: 303 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/08/2014)
3152014-01-08 DECLARATION of Larry N. Stern in Opposition re: 303 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/08/2014)
3162014-01-08 DECLARATION of Courtney A. Solomon in Opposition re: 303 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Ex. 131-A, # 2 Exhibit Ex. 131-B, # 3 Exhibit Exs. 131-C-D, # 4 Exhibit Ex. 131-E, # 5 Exhibit Ex. 131-F, # 6 Exhibit Ex. 131-G, # 7 Exhibit Exs. 131-H-Q, # 8 Exhibit Exs. 132-154, # 9 Exhibit Ex. 155, # 10 Exhibit Exs. 156-157, # 11 Exhibit Ex. 158, # 12 Exhibit Exs. 159-168, # 13 Exhibit Ex. 169, # 14 Exhibit Ex. 170, # 15 Exhibit Exs. 171-172, # 16 Exhibit Ex. 173, # 17 Exhibit Ex. 174, # 18 Exhibit Ex. 175, # 19 Exhibit Ex. 176, # 20 Exhibit Ex. 177-178, # 21 Exhibit Ex. 179)(Joseph, Gregory) (Entered: 01/08/2014)
3172014-01-08 MOTION for Leave to File Papers Under Seal. Document filed by PHL Variable Insurance Company.(Pflepsen, Waldemar) (Entered: 01/08/2014)
3182014-01-08 MEMORANDUM OF LAW in Opposition re: 297 MOTION for Summary Judgment.. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 01/08/2014)
3192014-01-08 RESPONSE re: 299 Rule 56.1 Statement. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 01/08/2014)
3202014-01-08 DECLARATION of Jason H. Gould in Opposition re: 297 MOTION for Summary Judgment.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48)(Pflepsen, Waldemar) (Entered: 01/08/2014)
3212014-01-14 NOTICE OF CHANGE OF ADDRESS by Raul Antonio Cuervo on behalf of PHL Variable Insurance Company. New Address: Carlton Fields Jorden Burt, P.A., 100 S.E. Second Street, Suite 4200, Miami, FL, USA 33131, 305-347-6815. (Cuervo, Raul) (Entered: 01/14/2014)
3222014-01-15 ORDER RULING ON PROPOSED CONFIDENTIALITY DESIGNATIONS AND MOTIONS FOR PERMISSION TO FILE UNDER SEAL: All material falling into "Category 2" of Defendant's December 20, 2013 submission shall be filed under seal. Exhibit I to the December 6, 2013 Declaration of Waldemar Pflepsen shall be filed under seal. All other material filed in support of or in opposition to the pending motions for summary judgment must be publicly filed. Defendant's argument for why these materials - which consist almost entirely of outdated business information from more than five years ago - should be filed under seal is utterly unpersuasive. Appropriate filings shall be made within three business days. The Clerk of the Court shall remove ALL pending motions (whether noticed motions or letter motions) seeking permission to file materials under seal from the court's list of outstanding motions. This constitutes the decision and order of the court. (Signed by Judge Colleen McMahon on 1/15/2014) (ft) (Entered: 01/16/2014)
3232014-01-21 MEMORANDUM OF LAW in Support re: 297 MOTION for Summary Judgment. Re-Filed Pursuant to Court Order (ECF No. 209). Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/21/2014)
3242014-01-21 RULE 56.1 STATEMENT. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/21/2014)
3252014-01-21 DECLARATION of Mark J. Browne in Support re: 297 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/21/2014)
3262014-01-21 DECLARATION of Rachel M. Cherington in Support re: 297 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Attachments: # 1 1A, # 2 1B, # 3 1C, # 4 1D, # 5 1E, # 6 1F, # 7 1G, # 8 1H, # 9 1I, # 10 1J, # 11 1K, # 12 2, # 13 3, # 14 4, # 15 5, # 16 6, # 17 7, # 18 8, # 19 9, # 20 10, # 21 11, # 22 12, # 23 13, # 24 14, # 25 15, # 26 16, # 27 17, # 28 18, # 29 19, # 30 20, # 31 21, # 32 22, # 33 23, # 34 24, # 35 25, # 36 26, # 37 27, # 38 28, # 39 29, # 40 30, # 41 31, # 42 32, # 43 33, # 44 34, # 45 35, # 46 36, # 47 37, # 48 38, # 49 39, # 50 40, # 51 41, # 52 43, # 53 44, # 54 45, # 55 46, # 56 47, # 57 48, # 58 49(A), # 59 49(B), # 60 50, # 61 51, # 62 52, # 63 53, # 64 54, # 65 55, # 66 56, # 67 57, # 68 58, # 69 59, # 70 60, # 71 61, # 72 62, # 73 63, # 74 64, # 75 65, # 76 66, # 77 67, # 78 67, # 79 67, # 80 67, # 81 67, # 82 67, # 83 67, # 84 67, # 85 67, # 86 67, # 87 67, # 88 67, # 89 67, # 90 67, # 91 67, # 92 67, # 93 67, # 94 67, # 95 67, # 96 67, # 97 67, # 98 67, # 99 67, # 100 67, # 101 67, # 102 67, # 103 67, # 104 67, # 105 67, # 106 67, # 107 67, # 108 67, # 109 68, # 110 69, # 111 70, # 112 71, # 113 72, # 114 73, # 115 74, # 116 75, # 117 76, # 118 77, # 119 78, # 120 79, # 121 80, # 122 81, # 123 82, # 124 83, # 125 84, # 126 85, # 127 86, # 128 87, # 129 88, # 130 89, # 131 90, # 132 92, # 133 93, # 134 94, # 135 95, # 136 96, # 137 97(1), # 138 97(2), # 139 98, # 140 99, # 141 100, # 142 101, # 143 102, # 144 103, # 145 104, # 146 105, # 147 106, # 148 107, # 149 108, # 150 109, # 151 110, # 152 111, # 153 112, # 154 113, # 155 114, # 156 115, # 157 116, # 158 117, # 159 118, # 160 119, # 161 120, # 162 121, # 163 122, # 164 123, # 165 124, # 166 125, # 167 126, # 168 127, # 169 128, # 170 129, # 171 130, # 172 42, # 173 67)(Joseph, Gregory) (Entered: 01/21/2014)
3272014-01-21 MEMORANDUM OF LAW in Opposition re: 303 MOTION for Summary Judgment. Re-Filed Pursuant to Court Order (ECF No. 322). Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/21/2014)
3282014-01-21 RULE 56.1 STATEMENT. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/21/2014)
3292014-01-21 DECLARATION of Larry N. Stern in Opposition re: 303 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/21/2014)
3302014-01-21 DECLARATION of Mark J. Browne in Opposition re: 303 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/21/2014)
3312014-01-21 DECLARATION of Courtney A. Solomon in Opposition re: 303 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit 131A, # 2 Exhibit 131B, # 3 Exhibit 131C, # 4 Exhibit 131D, # 5 Exhibit 131E, # 6 Exhibit 131F, # 7 Exhibit 131G, # 8 Exhibit 131H, # 9 Exhibit 131I, # 10 Exhibit 131J, # 11 Exhibit 131K, # 12 Exhibit 131L, # 13 Exhibit 131M, # 14 Exhibit 131N, # 15 Exhibit 131O, # 16 Exhibit 131P, # 17 Exhibit 131Q, # 18 Exhibit 132, # 19 Exhibit 133, # 20 Exhibit 134, # 21 Exhibit 135, # 22 Exhibit 136, # 23 Exhibit 137, # 24 Exhibit 138, # 25 Exhibit 139, # 26 Exhibit 140, # 27 Exhibit 141, # 28 Exhibit 142, # 29 Exhibit 143, # 30 Exhibit 144, # 31 Exhibit 145, # 32 Exhibit 146, # 33 Exhibit 147, # 34 Exhibit 148, # 35 Exhibit 149, # 36 Exhibit 150, # 37 Exhibit 151, # 38 Exhibit 152, # 39 Exhibit 153, # 40 Exhibit 154, # 41 Exhibit 156, # 42 Exhibit 157, # 43 Exhibit 158, # 44 Exhibit 159, # 45 Exhibit 160, # 46 Exhibit 161, # 47 Exhibit 162, # 48 Exhibit 163, # 49 Exhibit 164, # 50 Exhibit 165, # 51 Exhibit 166, # 52 Exhibit 167, # 53 Exhibit 168, # 54 Exhibit 169, # 55 Exhibit 170, # 56 Exhibit 173, # 57 Exhibit 174, # 58 Exhibit 175, # 59 Exhibit 177, # 60 Exhibit 178, # 61 Exhibit 179)(Joseph, Gregory) (Entered: 01/21/2014)
3322014-01-22 MEMORANDUM OF LAW in Support re: 303 MOTION for Summary Judgment. Re-Filed Pursuant to Court Order. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 01/22/2014)
3332014-01-22 RULE 56.1 STATEMENT. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 01/22/2014)
3342014-01-22 DECLARATION of Waldemar J. Pflepsen, Jr. in Support re: 303 MOTION for Summary Judgment.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F PART 1, # 7 Exhibit F PART 2, # 8 Exhibit F PART 3, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Errata O, # 18 Exhibit P, # 19 Exhibit Q)(Pflepsen, Waldemar) (Entered: 01/22/2014)
3352014-01-22 MEMORANDUM OF LAW in Opposition re: 297 MOTION for Summary Judgment. Re-Filed Pursuant to Court Order. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 01/22/2014)
3362014-01-22 RESPONSE re: 299 Rule 56.1 Statement Re-Filed Pursuant to Court Order. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 01/22/2014)
3372014-01-22 DECLARATION of Jason H. Gould in Opposition re: 297 MOTION for Summary Judgment.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 Part 1, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19 Part 1, # 20 Exhibit 19 Part 2, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 26, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 7 part 2)(Pflepsen, Waldemar) (Entered: 01/23/2014)
3382014-01-22 ENDORSED LETTER addressed to Judge Colleen McMahon from Waldemar J. Pfepsen, Jr. dated 1/21/14 re: Counsel requests that the Court approve an extension of the approaching pretrial filing deadlines in these matters. ENDORSEMENT: All pretrial filings are stayed. We have begun work on this entire group of motions, now that they are fully briefed. (Signed by Judge Colleen McMahon on 1/22/2014) (mro) (Entered: 01/23/2014)
3392014-01-29 MOTION to Seal. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 01/29/2014)
3402014-01-29 MOTION for Leave to File Papers Under Seal. Document filed by PHL Variable Insurance Company.(Gould, Jason) (Entered: 01/29/2014)
3412014-01-29 REPLY MEMORANDUM OF LAW in Support re: 303 MOTION for Summary Judgment.. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 01/29/2014)
3422014-01-29 REPLY re: 313 Rule 56.1 Statement. Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 01/29/2014)
3432014-01-29 REPLY MEMORANDUM OF LAW in Support re: 297 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/29/2014)
3442014-01-29 REPLY re: 319 Response to Rule 56.1 Statement. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 01/29/2014)
3452014-01-29 DECLARATION of Paul G. Williams in Support re: 302 MOTION for Leave to File Papers Under Seal.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Gould, Jason) (Entered: 01/29/2014)
3462014-01-29 DECLARATION of Peter R. Jerdee in Support re: 297 MOTION for Summary Judgment.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit 180-A, # 2 Exhibit 180-B, # 3 Exhibit 180-C, # 4 Exhibit 180-D, # 5 Exhibit 180-E, # 6 Exhibit 180-F, # 7 Exhibit 180-G, # 8 Exhibit 181, # 9 Exhibit 182-185, # 10 Exhibit 186, # 11 Exhibit 187, # 12 Exhibit 188, # 13 Exhibit 189-191)(Joseph, Gregory) (Entered: 01/29/2014)
3472014-01-29 DECLARATION of Paul G. Williams in Support re: 303 MOTION for Summary Judgment.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Gould, Jason) (Entered: 01/29/2014)
3482014-02-05 LETTER addressed to All counsel in U.S. Bank v. PHI Variable Ins. Co.., Nos. 12-cv-6811 (CM) (JCF) & 13-cv-1580 (CM) (JCF) from Judge Colleen McMahon dated 2/5/2014 re: I am giving you until 5:00 PM Eastern time on Wednesday, February 12, to file simultaneous briefs answering the following questions. (ft) (Entered: 02/05/2014)
3492014-02-12 RESPONSE re: 348 Letter, Regarding Choice of Law. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 02/12/2014)
3502014-02-12 DECLARATION of Waldemar J. Pflepsen, Jr. in Support re: 349 Response. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit 1)(Pflepsen, Waldemar) (Entered: 02/12/2014)
3512014-02-12 RESPONSE re: 348 Letter,. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 02/12/2014)
3522014-02-12 DECLARATION of Samuel N. Fraidin in Support re: 351 Response. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Ex. 192, # 2 Exhibit Ex. 193, # 3 Exhibit Ex. 194, # 4 Exhibit Ex. 195, # 5 Exhibit Ex. 196)(Joseph, Gregory) (Entered: 02/12/2014)
3532014-02-19 RESPONSE re: 351 Response Regarding Choice of Law. Document filed by PHL Variable Insurance Company. (Pflepsen, Waldemar) (Entered: 02/19/2014)
3542014-03-14 MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS granting in part and denying in part 212 Motion to Dismiss: For the foregoing reasons, PHL's motion to dismiss is granted in part and denied in part. Count II of the Second Amended Complaint in the action at Case No. 13-cv-1580 is dismissed, and Count IV of the Second Amended Complaint is dismissed in both actions. The Clerk of the Court is directed to remove Docket No. 212 in Case No. l 2-cv-6811 and Docket No. 27 in Case No. 13-cv-1580 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 3/14/2014) ***Filed in 12cv6811 and 13cv1580. (tn) (Entered: 03/14/2014)
3552014-03-28 ANSWER to 203 Amended Complaint,. Document filed by PHL Variable Insurance Company.(Gould, Jason) (Entered: 03/28/2014)
3562014-04-03 MEMO ENDORSEMENT granting 339 NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE PAPERS UNDER SEAL. ENDORSEMENT: Motion granted. (Signed by Judge Colleen McMahon on 4/3/2014) (ja) (Entered: 04/04/2014)
3572014-04-03 MEMO ENDORSEMENT granting 340 NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE PAPERS UNDER SEAL. ENDORSEMENT: Motion granted. (Signed by Judge Colleen McMahon on 4/3/2014) (ja) (Entered: 04/04/2014)
3582014-04-07 SEALED DOCUMENT placed in vault.(nm) (Entered: 04/07/2014)
3592014-05-23 MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT denying 297 Motion for Summary Judgment; granting in part and denying in part 303 Motion for Summary Judgment. For the foregoing reasons, PHL's motion for summary judgment is granted in part and denied in part, and U.S. Bank's motion for partial summary judgment is denied in its entirety. The Clerk of the Court is directed to remove Docket Nos. 297 and 303 in Case No. 12-cv-6811 and Docket Nos. 92 and 98 in Case No. 13-cv-1580 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 5/23/2014) (mro) (Entered: 05/23/2014)
3602014-06-03 MOTION for Reconsideration re; 359 Order on Motion for Summary Judgment,,,,, . Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 06/03/2014)
3612014-06-03 MEMORANDUM OF LAW in Support re: 360 MOTION for Reconsideration re; 359 Order on Motion for Summary Judgment,,,,, . . Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 06/03/2014)
3622014-06-04 ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION denying 360 Motion for Reconsideration: For the foregoing reasons, U.S. Bank's motion for reconsideration is denied. The Clerk of the Court is directed to remove Docket No. 360 in Case No. 12-cv-6811 and Docket No. 155 in Case No. 13-cv-1580 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 6/4/2014) (tn) (Main Document 362 replaced on 6/4/2014) (tn). (Entered: 06/04/2014)
3632014-07-22 ENDORSED LETTER addressed to Judge Colleen McMahon from Steven G. Sklaver, dated 7/18/2014 re: The Parties jointly request Court approval to submit their proposed trial schedule by September 30, 2014. ENDORSEMENT: Granted, proposed trial schedule due 9/30/2014. (Signed by Judge Colleen McMahon on 7/22/2014) (ja) (Entered: 07/22/2014)
3642014-10-01 ENDORSED LETTER addressed to All Counsel in The Phoenix Life Insurance Cases (11 Civ. 8405, 12 Civ. 2939, 12 Civ. 6811, 13 Civ. 1580) from Judge McMahon dated 10/1/2014 re: Trial Schedule. ENDORSEMENT: I have your letters. I regret that no settlement was possible. But that's why I am here - to try the cases. I am not trying this case two or three times. It is my intention to consolidate all three matters and try them starting on March 9. I intend to submit issues to the jury at several points during the trial, so we will be taking periodic verdicts, and once I determine a schedule for submission of issues, you will have to arrange the introduction of your evidence accordingly. Some witnesses may have to testify more than once. The entire event will last no more than six weeks (though I can see no reason why it should last that long); you will be given a total number of hours that you can be on your feet We will meet Mondays through Thursdays, and if the trial goes into early April we will have to take a few days off for religious observances. I mean to hold you to a schedule so that this trial - which is really about a few very discrete issues--does not drag on too long. The proposed pre-trial schedule in Sussman Godfrey's letter is satisfactory to me. I am unimpressed with Phoenix's plaint about having to prepare to face three opponents at once. The issues of fact are identical; the greater burden would be to do the same thing three times over. At the final pre-trial conference, the court will rule on the admissibility of all exhibits, passing on all objections. That is my usual practice. It tends to cut down on the length of jury trials. I will enter a scheduling order later today or tomorrow. (Signed by Judge Colleen McMahon on 10/1/2014) (kgo) (Entered: 10/01/2014)
3652014-11-13 MOTION for Hutson B. Smelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10310523. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order on HBS Motion for Pro Hac Vice)(Smelley, Hutson) (Entered: 11/13/2014)
3662014-11-14 ORDER FOR ADMISSION PRO HAC VICE granting 365 Motion for Hutson Smelley to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 11/14/2014) (kgo) (Entered: 11/14/2014)
3672014-11-20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Withdraw as Attorney Shannon A. Lang. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Affidavit Declaration of Shannon A. Lang, # 2 Text of Proposed Order)(Hetherington, Thomas) Modified on 11/21/2014 (db). (Entered: 11/20/2014)
3682014-12-01 ENDORSED LETTER addressed to Judge Colleen McMahon from Thomas F.A. Hetherington dated 12/1/2014 re: I write on behalf of my clients Phoenix Life Insurance Company and PHL Variable Insurance Company (collectively "Phoenix") to request the Court's guidance regarding two issues relating to the trial of the cases referenced above, and as further specified in this letter. ENDORSEMENT: I need to conference case in person this Friday afternoon at 2:00 p.m. Counsel must appear in person, in Courtroom 17C. (Conference set for 12/5/2014 at 02:00 PM in Courtroom 17C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 12/1/2014) (rjm). (Entered: 12/02/2014)
3692014-12-09 MOTION for Shannon A. Lang to Withdraw as Attorney . Document filed by PHL Variable Insurance Company. (Attachments: # 1 Text of Proposed Order Proposed Order on Motion to Withdraw Appearance of S. Lang)(Ganer, Jarrett) (Entered: 12/09/2014)
3702014-12-09 DECLARATION of Shannon A. Lang in Support re: 369 MOTION for Shannon A. Lang to Withdraw as Attorney .. Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 12/09/2014)
3712014-12-09 ORDER: For a variety of reasons, Friday afternoon was a particularly bad time for me to be discussing the complicated issue of how to try these cases. Thank you for putting up with me. After thinking about it over the weekend, I find that I am perfectly amenable to any reasonable plan you folks come up with that will (1) keep the total time spent on the trials to a few weeks; (2) allow jurors to deliberate separately on the different cases, with their different law; (3) keep witnesses from having to testify repeatedly. You know better than I what is needed to make your respective cases. After thinking about it over the weekend, I am open to being persuaded that it will actually be faster to try one case, discharge that jury, then pick a new jury and try the next one - but not if it means that lots of witnesses will have to testify on multiple occasions. But I can see absolutely no reason why lawyers of your experience and skill cannot agree on a method for presenting these matters in court. You keep fighting over everything, and it is not helpful to your clients. The key word, of course, is "reasonable." Whatever format we adopt, I am quite serious about imposing time limits on witness testimony, although I cannot do that until I see your proposed witness lists. I am even more serious about limiting the number of exhibits. We will have a final pre-trial conference at which I will entertain all objections to exhibits and rule on them, so that everything is admitted prior to empanelling the jury we do not waste time dealing with such issues when witnesses are on the stand. As you might imagine, I frown on frivolous objections interposed to make life difficult for one's opponent. There are, it seems to me, many facts - many -- that could be stipulated in these cases. I urge counsel to entertain seriously proposals to stipulate to facts that are not contested. I would like a joint plan for trial submitted by the end of next week, so I can consider it over the holiday break. Then you should take a holiday break. (Signed by Judge Colleen McMahon on 12/9/2014) (djc) Modified on 12/15/2014 (djc). (Entered: 12/10/2014)
3722014-12-10 ORDER GRANTING MOTION TO WITHDRAW THE APPEARANCE OF SHANNON A. LANG granting 369 Motion to Withdraw as Attorney. Having considered the Motion to Withdraw the Appearance of Shannon A. Lang, the Court finds that it should be and is hereby GRANTED. Accordingly, it is ORDERED that Shannon A. Lang is hereby withdrawn as counsel of record for Defendant PHL Variable Insurance Company shall be removed from all future notices in this lawsuit. (***Attorney Shannon Ashley Lang terminated.) (Signed by Judge Colleen McMahon on 12/10/2014) (kgo) (Entered: 12/10/2014)
3732014-12-15 MOTION for Emilie B. Cooper to Withdraw as Attorney . Document filed by U S Bank National Association. (Attachments: # 1 Text of Proposed Order)(Cooper, Emilie) (Entered: 12/15/2014)
3742014-12-15 DECLARATION of Emilie B. Cooper in Support re: 373 MOTION for Emilie B. Cooper to Withdraw as Attorney .. Document filed by U S Bank National Association. (Cooper, Emilie) (Entered: 12/15/2014)
3752014-12-17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David T. McDowell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10419316. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order on DTM Motion for Pro Hac Vice)(McDowell, David) Modified on 12/17/2014 (wb). (Entered: 12/17/2014)
3762014-12-22 ENDORSED LETTER addressed to All Counsel in The Phoenix Life Insurance Cases (11 Civ. 8405, 12 Civ. 6811, 12 Civ. 2939, 13 Civ.1580) from Judge Colleen McMahon dated 12/22/2014 re: Your proposal. ENDORSEMENT: OK, you win. Three separate liability trials, one right after the other. Except we have to start on June 15, not on June 1. I am returning to the country after a two week absence on June 1, and the Second Circuit Judicial Conference, which I must attend, is on June 10-12. So I need to push back the start date of the first trial. On that understanding, please propose a schedule for pre-trial submissions. Please note: all in limine motions must be fully briefed (I do not accept replies) no later than April 22. I do my own decisions on in limine motions, and I want to have them decided before I leave the country on May 14. Have a happy holiday season. (kgo) (Entered: 12/22/2014)
3772015-01-08 ORDER GRANTING THE MOTION TO WITHDRAW AS CO-COUNSEL FOR U.S. BANK NATIONAL ASSOCIATION granting 373 Motion to Withdraw as Attorney. Having considered the Motion to Withdraw as Co-Counsel for U.S. Bank National Association, as securities intermediary for Lima Acquisition LP ("U.S. Bank"), the Court finds that it should be and is hereby GRANTED. Accordingly, it is ORDERED that Emilie B. Cooper of Kasowitz, Benson, Torres & Friedman LLP is hereby withdrawn as co-counsel of record for U.S. Bank and shall be removed from all future notices in this lawsuit. (***Attorney Emilie Beth Cooper terminated.) (Signed by Judge Colleen McMahon on 1/8/2015) (kgo) (Entered: 01/08/2015)
3782015-01-28 ENDORSED LETTER addressed to Judge Colleen McMahon from Thomas F.A. Hetherington dated 1/23/2015 re: We have agreed to a proposed schedule for pretrial submissions, which is set forth herein. ENDORSEMENT: Looks OK to me. (Signed by Judge Colleen McMahon on 1/28/2015) (kgo) (Entered: 01/28/2015)
3792015-03-17 PROPOSED VOIR DIRE QUESTIONS. Document filed by PHL Variable Insurance Company.(Ganer, Jarrett) (Entered: 03/17/2015)
3802015-03-17 PROPOSED JURY INSTRUCTIONS. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 03/17/2015)
3812015-03-17 PROPOSED VOIR DIRE QUESTIONS. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 03/17/2015)
3822015-03-17 REQUEST TO CHARGE. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Proposed Verdict Form)(Ganer, Jarrett) (Entered: 03/17/2015)
3832015-03-17 PROPOSED JURY INSTRUCTIONS. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 03/17/2015)
3842015-03-18 JOINT PRELIMINARY TRIAL REPORT. Document filed by PHL Variable Insurance Company, U S Bank National Association.(Joseph, Gregory) (Entered: 03/18/2015)
3852015-04-06 TRIAL NOTICE: Please take notice that the above captioned matter has been scheduled for a Final Pretrial Conference before the Honorable Colleen McMahon, United States District Judge, on Friday, May 8, 2015 at 11:00 a.m., in courtroom 17C, at the U.S. District Courthouse, 500 Pearl Street, New York, New York 10007. Trial has been scheduled for Monday, June 29, 2015 at 9:30 a.m. Parties are directed to file all trial documents required by Judge McMahon's Individual Practices. Originals must be filed in the Clerk's Office and courtesy copies are to be provided to chambers. Any scheduling difficulties must be brought to the attention of the Court in writing. Final Pretrial Conference set for 5/8/2015 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Jury Trial set for 6/29/2015 at 09:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/6/2015) (kgo) (Entered: 04/06/2015)
3862015-04-08 MOTION in Limine . Document filed by U S Bank National Association. Return Date set for 5/8/2015 at 11:00 AM.(Joseph, Gregory) (Entered: 04/08/2015)
3872015-04-08 MEMORANDUM OF LAW in Support re: 386 MOTION in Limine . Memorandum of Law in Support of Motion in Limine to Preclude PHL from Offering Certain Evidence at Trial. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 04/08/2015)
3882015-04-08 DECLARATION of Courtney A. Solomon in Support re: 386 MOTION in Limine .. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E, # 6 Exhibit Ex. F, # 7 Exhibit Ex. G, # 8 Exhibit Ex. H, # 9 Exhibit Ex. I, # 10 Exhibit Ex. J, # 11 Exhibit Ex. K, # 12 Exhibit Ex. L, # 13 Exhibit Ex. M, # 14 Exhibit Ex. N, # 15 Exhibit Ex. O, # 16 Exhibit Ex. P, # 17 Exhibit Ex. Q, # 18 Exhibit Ex. R, # 19 Exhibit Ex. S, # 20 Exhibit Ex. T, # 21 Exhibit Ex. U, # 22 Exhibit Ex. V, # 23 Exhibit Ex. W, # 24 Exhibit Ex. X, # 25 Exhibit Ex. Y, # 26 Exhibit Ex. Z, # 27 Exhibit Ex,. AA, # 28 Exhibit Ex. BB, # 29 Exhibit Ex. CC, # 30 Exhibit Ex. DD, # 31 Exhibit Ex. EE, # 32 Exhibit Ex. FF, # 33 Exhibit Ex. GG, # 34 Exhibit Ex. HH, # 35 Exhibit Ex. II, # 36 Exhibit Ex. JJ)(Joseph, Gregory) (Entered: 04/08/2015)
3892015-04-08 MOTION in Limine Nos. 1-6. Document filed by PHL Variable Insurance Company. Return Date set for 5/8/2015 at 11:00 AM.(Ganer, Jarrett) (Entered: 04/08/2015)
3902015-04-08 MEMORANDUM OF LAW in Support re: 389 MOTION in Limine Nos. 1-6. DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE NO. 1. Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 04/08/2015)
3912015-04-08 MEMORANDUM OF LAW in Support re: 389 MOTION in Limine Nos. 1-6. DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE NO. 2. Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 04/08/2015)
3922015-04-08 MEMORANDUM OF LAW in Support re: 389 MOTION in Limine Nos. 1-6. DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE NO. 3. Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 04/08/2015)
3932015-04-08 MEMORANDUM OF LAW in Support re: 389 MOTION in Limine Nos. 1-6. DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE NO. 4. Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 04/08/2015)
3942015-04-08 MEMORANDUM OF LAW in Support re: 389 MOTION in Limine Nos. 1-6. DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE NO. 5. Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 04/08/2015)
3952015-04-08 MEMORANDUM OF LAW in Support re: 389 MOTION in Limine Nos. 1-6. DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE NO. 6 AND MOTION TO STRIKE. Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 04/08/2015)
3962015-04-08 DECLARATION of Jarrett E. Ganer in Support re: 389 MOTION in Limine Nos. 1-6.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit, # 2 Exhibit)(Ganer, Jarrett) (Entered: 04/08/2015)
3972015-04-08 DECLARATION of Waldemar J. Pflepsen in Support re: 389 MOTION in Limine Nos. 1-6.. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit, # 2 Exhibit)(Ganer, Jarrett) (Entered: 04/08/2015)
3982015-04-08 MOTION for Judgment on the Pleadings DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. Document filed by PHL Variable Insurance Company. Responses due by 4/22/2015(Ganer, Jarrett) (Entered: 04/08/2015)
3992015-04-08 MEMORANDUM OF LAW in Support re: 398 MOTION for Judgment on the Pleadings DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. . Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 04/08/2015)
4002015-04-20 NOTICE OF APPEARANCE by Roman Asudulayev on behalf of U S Bank National Association. (Asudulayev, Roman) (Entered: 04/20/2015)
4012015-04-22 DECLARATION of Roman Asudulayev in Opposition re: 389 MOTION in Limine Nos. 1-6., 398 MOTION for Judgment on the Pleadings DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E, # 6 Exhibit Ex. F, # 7 Exhibit Ex. G, # 8 Exhibit Ex. H, # 9 Exhibit Ex. I-1, # 10 Exhibit Ex. I-2, # 11 Exhibit Ex. I-3, # 12 Exhibit Ex. I-4, # 13 Exhibit Ex. J, # 14 Exhibit Ex. K, # 15 Exhibit Ex. L, # 16 Exhibit Ex. M, # 17 Exhibit Ex. N, # 18 Exhibit Ex. O, # 19 Exhibit Ex. P, # 20 Exhibit Ex. Q, # 21 Exhibit Ex. R, # 22 Exhibit Ex. S, # 23 Exhibit Ex. T, # 24 Exhibit Ex. U, # 25 Exhibit Ex. V, # 26 Exhibit Ex. W, # 27 Exhibit Ex. X, # 28 Exhibit Ex. Y, # 29 Exhibit Ex. Z, # 30 Exhibit Ex. AA, # 31 Exhibit Ex. BB, # 32 Exhibit Ex. CC, # 33 Exhibit Ex. DD, # 34 Exhibit Ex. EE)(Joseph, Gregory) (Entered: 04/22/2015)
4022015-04-22 MEMORANDUM OF LAW in Opposition re: 389 MOTION in Limine Nos. 1-6. Opp. to MIL No. 1. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 04/22/2015)
4032015-04-22 MEMORANDUM OF LAW in Opposition re: 389 MOTION in Limine Nos. 1-6. Opp. to MIL No. 2. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 04/22/2015)
4042015-04-22 MEMORANDUM OF LAW in Opposition re: 389 MOTION in Limine Nos. 1-6. Opp. to MIL No. 3. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 04/22/2015)
4052015-04-22 MEMORANDUM OF LAW in Opposition re: 389 MOTION in Limine Nos. 1-6. Opp. to MIL No. 4. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 04/22/2015)
4062015-04-22 MEMORANDUM OF LAW in Opposition re: 389 MOTION in Limine Nos. 1-6. Opp. to MIL No. 5. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 04/22/2015)
4072015-04-22 MEMORANDUM OF LAW in Opposition re: 389 MOTION in Limine Nos. 1-6. Opp. to MIL No. 6. Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 04/22/2015)
4082015-04-22 MEMORANDUM OF LAW in Opposition re: 398 MOTION for Judgment on the Pleadings DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. . Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 04/22/2015)
4092015-04-22 DECLARATION of Waldemar J. Pflepsen in Opposition re: 386 MOTION in Limine .. Document filed by PHL Variable Insurance Company. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Ganer, Jarrett) (Entered: 04/22/2015)
4102015-04-22 MEMORANDUM OF LAW in Opposition re: 386 MOTION in Limine . Memorandum of Law in Opposition to Plaintiff's Motion in Limine. Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 04/22/2015)
4112015-04-23 DECLARATION of Waldemar J. Pflepsen in Opposition re: 386 MOTION in Limine .. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit E)(Ganer, Jarrett) (Entered: 04/23/2015)
4122015-04-29 REPLY MEMORANDUM OF LAW in Support re: 398 MOTION for Judgment on the Pleadings DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. . Document filed by PHL Variable Insurance Company. (Gould, Jason) (Entered: 04/29/2015)
4132015-06-03 MOTION to Produce Documents to California Department of Insurance. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 06/03/2015)
4142015-06-03 MEMORANDUM OF LAW in Support re: 413 MOTION to Produce Documents to California Department of Insurance. . Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 06/03/2015)
4152015-06-03 DECLARATION of Peter R. Jerdee in Support re: 413 MOTION to Produce Documents to California Department of Insurance.. Document filed by U S Bank National Association. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E)(Joseph, Gregory) (Entered: 06/03/2015)
4162015-06-04 ENDORSED LETTER addressed to Judge Colleen McMahon from Peter R. Jerdee dated 6/4/2015 re: Documents filed on behalf of U.S. Bank in the above-named actions. ENDORSEMENT: Phoenix has 3 days to explain why I should not grant this motion. I can think of no reason not to. (Signed by Judge Colleen McMahon on 6/4/2015) (kl) (Entered: 06/04/2015)
4172015-06-05 SCHEDULING ORDER: It came as no great surprise to receive PHL's letter seeking an adjournment of the June 29 trial in this matter. I do intend to adjourn the trial. However, my reason for doing so is different from PHL's. Now that I only have to try the U.S. Bank cases, I want to try them to conclusion, with one jury considering both liability and damages (albeit bifurcated, so that the jury will deliberate on liability and will hear evidence on damages only if warranted by the liability verdict). A second pre-trial order, one addressing ONLY damages, must be filed by September 11. If necessary, we will hold an additional pre-trial conference, limited to damages issues, on September 17, at 10 AM. Please hold that date. Any notice that is being sent out in connection with the proposed class actionsettlement in Fleischer MUST include information about the pendency of the U.S. Bank cases, the fact that they have not settled and the schedule for trying them, and the following as further set forth herein. (See Order.) Pretrial Conference set for 9/17/2015 at 10:00 AM before Judge Colleen McMahon. Pretrial Order due by 9/11/2015. (Signed by Judge Colleen McMahon on 6/5/2015) (kgo) (Entered: 06/05/2015)
4182015-06-08 ENDORSED LETTER addressed to All Counsel in The Phoenix Life Cost of Insurance Cases 11 Civ. 8405 (Fleisher) 12 Civ. 2939 (TIGR) 12 Civ. 6811 (U.S. Bank I) 13 Civ. 1580 (U.S. Bank II) 14 Civ. 8714 (SPRR) from Judge Colleen McMahon dated 6/8/2015 re: Class Notice. ENDORSEMENT: Counsel, I received your letter about the insertion into the class notice. It seems to me that the appropriate place to include the information about the US Bank lawsuit is at the bottom of page 4 of the notice. It also seems to me that it should say: Anyone who would otherwise be a member of the class, but who decides to "opt out" of the class, will not be included in the Settlement. At present, Phoenix is aware of only one entity that definitively intends to "opt out" of the settlement. Phoenix a defendant in two other lawsuits pending in the Southern District of New York that raise the issue of cost of insurance rates. The plaintiff in those cases has already indicated that the thirteen Class Policies it is representing will not participate in the Settlement. These two lawsuits - U.S. Bank Nat'l Assoc., as securities intermediary for Lima Acquisition LP v. PHL Variable Insurance Co. (Case No. 12-CV-6811 (CM) and U.S. Bank Nat'l Assoc., as securities intermediary v. PHL Variable Insurance Co., Case No. 13-CV-1580 (CM), are scheduled to go to trial on September 21, 2015 before Judge McMahon. That trial is estimated to last three weeks. I appreciate that counsel for everyone signed off on the proposed addition to page 10 of the Class Notice, but the relevant information, for disclosure purposes, is that U.S. Bank has already opted out of the settlement. If you want to massage my proposed language, or if you think there is a better location for this (page 10, probably not), then feel free to come up with an alternative. (Signed by Judge Colleen McMahon on 6/8/2015) (kgo) Modified on 6/8/2015 (kgo). (Entered: 06/08/2015)
4192015-06-08 ENDORSED LETTER addressed to Judge Colleen McMahon from Gregory P. Joseph dated 6/5/2015 re: We respectfully suggest that the June 29 and 30 final pre-trial conference address both liability issues and damages issues. ENDORSEMENT: To the extent damages discovery is done, so much the better. I expect at least one side to tell me it is not. I have sent out a schedule to accommodate the issue. We can certainly discuss it on June 29. (Signed by Judge Colleen McMahon on 6/8/2015) (kgo) (Entered: 06/08/2015)
4202015-06-09 MEMO ENDORSEMENT granting 413 Motion to Produce. ENDORSEMENT: Motion granted. (Signed by Judge Colleen McMahon on 6/8/2015) (kgo) (Entered: 06/09/2015)
4212015-06-22 DECISION AND ORDER re: 386 MOTION in Limine . filed by U S Bank National Association, 389 MOTION in Limine Nos. 1-6. filed by PHL Variable Insurance Company, 398 MOTION for Judgment on the Pleadings DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. filed by PHL Variable Insurance Company. For the reasons stated herein: Phoenix's motion for judgment on the pleadings is DENIED; U.S. Bank's first motion in limine is DENIED; U.S. Bank's second motion in limine is GRANTED; U.S. Bank's third motion in limine is DENIED; U.S. Bank's fourth motion in limine is DENIED; U.S. Bank's fifth motion in limine is GRANTED IN PART to the extent that paragraphs III(1), VI, VI(1-3), VI(6), and VII(16) of Foster's report and related testimony are excluded and is otherwise DENIED; U.S. Bank's sixth motion in limine DENIED without prejudice to renewal at trial; U.S. Bank's seventh motion in limine is GRANTED IN PART and DENIED IN PART as set forth more fully in the opinion; Phoenix's first month in limine is GRANTED IN PART to the extent that Plaintiff's Exhibit #32 is excluded and is otherwise DENIED; Phoenix's second motion in limine is GRANTED IN PART to the extent that Plaintiff's Exhibits ##33, 44, 44A, and 71 are excluded and is otherwise DENIED; Phoenix's third motion in limine is DENIED; Phoenix's fourth motion in limine is DENIED; Phoenix's fifth motion in limine is GRANTED IN PART and DENIED IN PART as set forth more fully in the opinion; Phoenix's sixth motion in limine is DENIED. The Clerk of the Court is directed to remove the motions as Docket ##179, 182 in No. 13 Civ. 1580 and Docket ##386, 389, 398 in No. 12 Civ. 6811 from the court's list of pending motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 6/22/2015) (kgo) Modified on 6/23/2015 (kgo). (Entered: 06/23/2015)
4222015-06-25 ORDER: It is hereby ORDERED that the following attorneys herein are authorized to bring the following Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned U.S. Bank Nat'l Ass'n v. PHL Variable Insurance Company (Case Nos. 12-6811 & 13-1580) The date(s) for which such authorization is provided is (are) June 29, 2015 and June 30, 2015. The attorneys and legal support staff identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised. (Signed by Judge Colleen McMahon on 6/25/2015) (kgo) (Entered: 06/25/2015)
4232015-06-26 ORDER: It is hereby ORDERED that the following attorneys herein are authorized to bring the following Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned U.S. Bank NA, as securities intermediary for Lima Acquisition LP v. PHL Variable (Case Nos. 12-6811 & 13-1580) The date(s) for which such authorization is provided is (are) June 29, 2015 and June 30, 2015. The attorneys and legal support staff identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 6/26/2015) (kgo) Modified on 6/26/2015 (kgo). (Entered: 06/26/2015)
4242015-07-02 MOTION for Reconsideration re; 421 Memorandum & Opinion,,,,,,, . Document filed by PHL Variable Insurance Company.(Ganer, Jarrett) (Entered: 07/02/2015)
4252015-07-02 MEMORANDUM OF LAW in Support re: 424 MOTION for Reconsideration re; 421 Memorandum & Opinion,,,,,,, . . Document filed by PHL Variable Insurance Company. (Ganer, Jarrett) (Entered: 07/02/2015)
4262015-07-02 DECLARATION of Jarrett E. Ganer in Support re: 424 MOTION for Reconsideration re; 421 Memorandum & Opinion,,,,,,, .. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ganer, Jarrett) (Entered: 07/02/2015)
4272015-07-07 MEMORANDUM OF LAW in Opposition re: 424 MOTION for Reconsideration re; 421 Memorandum & Opinion,,,,,,, . . Document filed by U S Bank National Association. (Joseph, Gregory) (Entered: 07/07/2015)
4282015-07-08 TRANSCRIPT of Proceedings re: conference held on 6/29/2015 before Judge Colleen McMahon. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/9/2015.(McGuirk, Kelly) (Entered: 07/08/2015)
4292015-07-08 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/29/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/08/2015)
4302015-07-30 MEMORANDUM DECISION AND ORDER DENYING MOTION FOR RECONSIDERATION denying 424 Motion for Reconsideration. For the foregoing reasons, Phoenix's motion for reconsideration is DENIED. The Clerk of the Court is directed to remove Docket #424 in No. 12 Civ. 6811, and Docket #213 in No. 13 Civ. 1580 from the Court's list of pending motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 7/29/2015) (kgo) (Entered: 07/30/2015)
4312015-08-19 ENDORSED LETTER addressed to All Counsel in US Bank v. Phoenix cases (12-cv-6811; 13-cv-1580) from Judge Colleen McMahon dated 8/19/2015 re: Doing my homework. ENDORSEMENT: I am off tomorrow for two weeks of much-needed vacation. I intend to supplement my beach reading with a little pre-trial homework. I need each of you to respond to the following question: if the rule allowed you to introduce only 10 exhibits into evidence (other than the insurance policies themselves), what would they be? I want to review and become familiar with your key exhibits. Same thing for testimony. I would like to see no more than five tidbits of key deposition testimony from each side - testimony you would highlight in your closing arguments. If you could please get me this information by, say, next Tuesday morning, my deputy and my clerks will send me a care package on Tuesday afternoon. Finally, we have been given an advisory suggesting that court not be in session in the courthouse on Friday, September 25, because of traffic congestion due to the Pope's visit. While this means that our first week will be extremely abbreviated - Yom Kippur means that we will lose part of Tuesday and all of Wednesday -- I still want to get our jury picked and get started on September 21. Thanks. (Signed by Judge Colleen McMahon on 8/19/2015) (kgo) (Entered: 08/19/2015)
4322015-08-25 MOTION for Erin E. Bennett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11317323. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 EEB Certificate of Good Standing, # 2 Proposed Order)(Bennett, Erin) (Entered: 08/25/2015)
4332015-09-08 ORDER FOR ADMISSION PRO HAC VICE granting 432 Motion for Erin E. Bennett to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/8/2015) (kgo) (Entered: 09/08/2015)
4342015-09-09 ORDER: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide Plaintiff in the above-captioned cases with Internet connectivity and Remote Real Time Transcript feeds for the duration of trial, set to begin on Monday, September 21, 2015. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court and the official court reporter. The Remote Real Time transcript feed may be viewed by Plaintiff and its counsel at Joseph Hage Aaronson and other firms. Any counsel of record for Plaintiff is allowed to bring in the necessary electronic computing devices to connect to the Courtroom Connect service. (Signed by Judge Colleen McMahon on 9/9/2015) (kgo) (Entered: 09/09/2015)
4352015-09-09 NOTICE OF APPEARANCE by Pamela H. Jarvis on behalf of U S Bank National Association. (Jarvis, Pamela) (Entered: 09/09/2015)
4362015-09-10 ENDORSED LETTER addressed to All Counsel in U.S. Bank v. Phoenix Litigations from Judge Colleen McMahon dated 9/10/2015 re: Days off during trial. ENDORSEMENT: I wanted to get some scheduling information to you expeditiously. We will begin jury selection on Monday, September 21. If anyone among counsel or the jurors will be observing Yom Kippur, we will work through the morning on Tuesday, September 22 -- taking a short break around 11:30 - and break for the day by 1:30. We will not sit on Yom Kippur unless absolutely no one is observing. I view that as highly unlikely, but I suppose that it is possible. I would appreciate it if you would tell me whether anyone on your trial teams will be observing. I had thought about sitting on Friday, September 25, to make up for the anticipated loss of Wednesday's trial day. However, we have been advised by the Federal Protective Service to telecommute if possible on that day, because the Pope will be visiting Lower Manhattan that morning, and there will be frozen zones and thousands of people using public transit. I will not subject anyone to traveling down here under such conditions; we will not sit. The week of September 28 is a full trial week. We will work full days on Monday, Tuesday, Wednesday and Thursday, and a half day on Friday (breaking at 1 PM or so). What happens during the week of October 5 depends very much on how quickly we have moved through the witnesses. We will sit all day on Monday and Tuesday. I am supposed to be attending a meeting on Wednesday and Thursday out of town, but I will probably cancel for Wednesday, and will cancel for if we are moving more slowly than I anticipate, or if the jury is deliberating; Those will be game day calls. On Friday, October 9, I absolutely will not be in New York; I am presiding at my nephew's wedding in Savannah, Georgia. If it is necessary to suspend jury deliberations on that day, I will do so. Monday, October 12 is a federal holiday (Columbus Day) and the courthouse will be closed. We will not sit. Come Tuesday, October 13 - assuming things go badly and we are still working -- we will go day to day until we are done. I will make sure that we have jurors who can be present though October 17. I trust this information will be helpful as you line up your witnesses. Please plan on no more than a half hour for opening statements. Keep them short and focused. Save the closing argument for closing argument. I look forward to seeing you on September 17 for our final pre-trial conference. Please be ready to argue admissibility issues so we can get those out of the way. I strongly suggest that you prune your exhibit lists, and also your objections. It can be a very long and unpleasant day if you don't. (Signed by Judge Colleen McMahon on 9/10/2015) (kgo) (Entered: 09/10/2015)
4372015-09-11 LETTER addressed to Judge Colleen McMahon from Peter R. Jerdee dated September 11, 2015 re: Days off during trial. Document filed by U S Bank National Association.(Jerdee, Peter) (Entered: 09/11/2015)
4382015-09-11 PROPOSED JURY INSTRUCTIONS. Document filed by U S Bank National Association.(Jerdee, Peter) (Entered: 09/11/2015)
4392015-09-11 REQUEST TO CHARGE. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Exhibit Verdict Form - Damages)(Ganer, Jarrett) (Entered: 09/11/2015)
4402015-09-11 PROPOSED JURY INSTRUCTIONS. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 09/11/2015)
4412015-09-11 PROPOSED JURY INSTRUCTIONS. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 09/11/2015)
4422015-09-11 JOINT PRELIMINARY TRIAL REPORT. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 09/12/2015)
4432015-09-12 PROPOSED JURY INSTRUCTIONS. Document filed by U S Bank National Association. (Attachments: # 1 Appendix Redline)(Joseph, Gregory) (Entered: 09/12/2015)
4442015-09-12 JOINT PRELIMINARY TRIAL REPORT. Document filed by U S Bank National Association.(Joseph, Gregory) (Entered: 09/12/2015)
4452015-09-14 ENDORSED LETTER addressed to All Counsel in U.S.BANK NATIONAL ASSN. v. PHL VARIABLE INS.CO. from Judge Colleen McMahon dated 9/14/2015 re: For Thursday's Conference. ENDORSEMENT: First, Happy New Year to those who celebrate. Second, now that I have gone through pretty much everything we have done over the past year, and I thank you for your supplemental pre-trial order. I can tell you right now that Defendant's Damages Item #l is off the table - I do not buy Phoenix's argument that U.S. Bank, as securities intermediary (a trustee-like entity with fiduciary responsibilities and the undoubted power to bring suit on behalf of its settlors) lacks standing and suffered no damages if Phoenix acted extra-contractually in raising COI rates on the policies it holds. So gear yourselves to put on your damages cases. Third, I fear I have left you with a misimpression. This trial is no longer bifurcated. I never bifurcate liability and damages trials, particularly when the trial is going to last for some time - I don't want to give the jurors any incentive to find for the defendant simply to avoid having to deal with damages (not that I have ever had a jury that would have so behaved, but I don't intend to provoke such behavior). I made an exception in this case when confronted with the need to hold three separate liability trials. Now that everyone else settled, we will proceed in the ordinary course, trying all issues together. I apologize if I did not make that clear back in June. I have one question for you, and I would like you to think carefully before you answer. You have now had plenty of time to prune your cases so that they can be efficiently presented. And you now know, if you did not know before, that we will be trying both liability and damages. So how many hours would it take you to put on your case if you were not being constrained by me? By "putting on your case," I mean putting on the witnesses and deposition testimony you plan to introduce on your case -- not cross examining the witnesses that the other party is putting on. Since I prefer to have witnesses testify only one time during a civil trial, the challenge for Phoenix is to estimate how.much time it would spend on "direct" with the Phoenix witnesses who will be called by U.S. Bank and "cross examined" during the presentation of plaintiff's case. Do not estimate how long you will spend on cross with non-party witnesses who are called on your opponent's case. And please be reasonable. Finally, Phoenix identifies one issue remaining form the June Final Pre-Trial Conference: the admissibility of PX 128. The document can be introduced for a limited purpose: to prove U.S. Bank's contention that an insurer must work off original pricing and actuarial assumptions when comparing anticipated profitability using a proposed new rate structure to profitability under the original rate structure. It will come in with a limiting instruction. I checked with the jury clerk and we are good to go with jurors next week. I will see you on Thursday. (Signed by Judge Colleen McMahon on 9/14/2015) (kgo) (Entered: 09/14/2015)
4462015-09-14 IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned U.S. Bank N.A., as securities intermediary for Lima Acquisition LP v. PHL Variable Insurance Company Nos. 12-6811 & 13-1580. The date for which such authorization is provided is 9/17/2015. 1. Tom Hetherington - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 2. David McDowell - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 3. Jarret Ganer - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 4. Erin Bennett - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 5. Waldemar Pflepsen - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. SO ORDERED. (Signed by Judge Colleen McMahon on 9/14/2015) (ajs) (Entered: 09/14/2015)
4472015-09-14 IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned U.S. Bank N.A., as securities intermediary for Lima Acquisition LP v. PHL Variable Insurance Company Nos. 12-6811 & 13-1580. The dates for which such authorization is provided are 9/21/2015-10/17/2015. 1. Tom Hetherington - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 2. David McDowell - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 3. Jarret Ganer - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 4. Erin Bennett - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 5. Waldemar Pflepsen - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 6. Jacob Hathorn - Laptop/power cord, Smartphone/iPhone, Tablet/iPad. 7. Jason Lisica (Court Technologist) - 2 Laptops/power cord, Smartphone/iPhone, Tablet/iPad; monitor; VGA splitter; extension cables; speaker; printer. SO ORDERED. (Signed by Judge Colleen McMahon on 9/14/2015) (ajs) (Entered: 09/14/2015)
4482015-09-14 MEMO ENDORSEMENT on re: (224 in 1:13-cv-01580-CM) Letter filed by U.S. Bank National Association, (437 in 1:12-cv-06811-CM-JCF) Letter filed by U S Bank National Association. ENDORSEMENT: Thanks - you know the schedule. (Signed by Judge Colleen McMahon on 9/14/2015) (tn) (Entered: 09/14/2015)
4492015-09-14 ORDER: I hereby authorize Breakaway Courier System and/or employees acting on its behalf to deliver banker's boxes containing three-ring binders of trial exhibits, supplies, and other materials needed by counsel to Courtroom 17C, 500 Pearl St. New York, NY 10007-1312 as needed for the pre-trial conference and trial scheduled between September 17, 2015, through October 17, 2015. These materials are being delivered on behalf of EDISON, McDOWELL & HETHERINGTON LLP and CARLTON FIELDS JORDEN BURT, P.A., counsel for PHL Variable Insurance Company, the defendant in the above-captioned matters. (Signed by Judge Colleen McMahon on 9/14/2015) (tn) (Entered: 09/14/2015)
4502015-09-14 ORDER: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide Defendant in the above-captioned cases with Internet connectivity and Remote Real Time Transcript feeds for the duration of trial, set to begin on Monday, September 21, 2015. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court and the official court reporter. The Remote Real Time transcript feed may be viewed by Defendant and its counsel at EDISON, McDOWELL & HETHERINGTON LLP, and CARLTON FIELDS JORDEN BURT, P.A. Any counsel of record for Defendant is allowed to bring in the necessary electronic computing devices to connect to the Courtroom Connect service. (Signed by Judge Colleen McMahon on 9/14/2015) (tn) (Entered: 09/14/2015)
4512015-09-15 ORDER: I hereby authorize Dynamex and/or employees acting on its behalf to deliver banker's boxes containing three-ring binders of trial exhibits, supplies, and other materials needed by counsel to Courtroom 17C, 500 Pearl Street, New York, New York 10007-1312 as needed for the pre-trial conference and trial scheduled between September 17, 2015 and October 17, 2015. These materials will be delivered on behalf of Joseph Hage Aaronson LLC, counsel for U.S. Bank National Association, the plaintiff in the above-captioned matters. (Signed by Judge Colleen McMahon on 9/15/2015) (kgo) (Entered: 09/15/2015)
4522015-09-16 ORDER: The following Order is subject to the definitions, obligations and restrictions imposed pursuant to Standing Order M10-468, as Revised. Upon submission of written application to this Court, it is hereby ORDERED that the following attorney(s) herein are authorized to bring the following Personal Electronic Device{s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed herein into the Courthouse for use in a proceeding or trial in the action captioned US. Bank N.A., as securities intermediary for Lima Acquisition LP v. PHL Variable Insurance Company, 12cv6811 and 13cv1580 on 9/18/2015; 9/21/2015-10/17/2015. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 9/15/2015) (kgo) Modified on 9/16/2015 (kgo). (Entered: 09/16/2015)
4532015-09-16 ORDER: The following Order is subject to the definitions, obligations and restrictions imposed pursuant to Standing Order M10-468, as Revised. Upon submission of written application to this Court, it is hereby ORDERED that the following attorney(s) herein are authorized to bring the following Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed herein into the Courthouse for use in a proceeding or trial in the action captioned U.S. Bank N.A., as securities intermediary for Lima Acquisition LP v. PHL Variable Insurance Company, 12cv6811 and 13cv1580 on September 17, 2015. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 9/15/2015) (kgo) (Entered: 09/16/2015)
4542015-09-16 MOTION for Jacob R. Hathorn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11394346. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PHL Variable Insurance Company. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Hathorn, Jacob) (Entered: 09/16/2015)
4552015-09-17 ORDER FOR ADMISSION PRO HAC VICE granting 454 Motion for Jacob R. Hathorn to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/17/2015) (rjm) (Entered: 09/17/2015)