Case details

Court: flnd
Docket #: 4:08-cv-00216
Case Name: PACIFIC LIFE INSURANCE COMPANY v. THE SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST
PACER case #: 50085
Date filed: 2008-05-09
Date terminated: 2008-09-10
Assigned to: CHIEF JUDGE STEPHAN P MICKLE
Referred to: MAGISTRATE JUDGE WILLIAM C SHERRILL, JR
Case Cause: 28:1335 Interpleader Action
Nature of Suit: 110 Insurance
Jury Demand: None
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
PACIFIC LIFE INSURANCE COMPANY
Plaintiff
TERMINATED: 08/06/2008
GARY PAUL TIMIN
STEEL HECTOR & DAVIS LLP - TALLAHASSEE FL 215 S MONROE ST - STE 601 TALLAHASSEE, FL 32301-1804 850-222-2300 Fax: 850-222-8410 Email: gtimin@ssd.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST
Defendant
WILLIAM C OWEN
WILLIAM C OWEN LLC - TALLAHASSEE FL 241 PINEWOOD DR TALLAHASSEE, FL 32303 850-513-0600 Fax: 850-877-2809 Email: harveyali@aol.com
ATTORNEY TO BE NOTICED

GENESIS FINANCIAL SERVICES INC
Defendant
MARTHA N PAYNE
Defendant
IN HER CAPACITY AS TRUSTEE OF THE SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST AND INDIVIDUALLY
WILLIAM C OWEN
(See above for address)
ATTORNEY TO BE NOTICED

SUSAN P BLISS
Defendant
WILLIAM C OWEN
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

MARY PAYNE NGUYEN
Defendant
WILLIAM C OWEN
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

SARA E PAYNE
Defendant
WILLIAM C OWEN
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST
Counter Claimant
TERMINATED: 08/06/2008
WILLIAM C OWEN
(See above for address)
ATTORNEY TO BE NOTICED

PACIFIC LIFE INSURANCE COMPANY
Counter Defendant
TERMINATED: 08/06/2008
GARY PAUL TIMIN
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-05-09 1 0 COMPLAINT against SARA E PAYNE, THE SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST, GENESIS FINANCIAL SERVICES INC, MARTHA N PAYNE, SUSAN P BLISS, MARY PAYNE NGUYEN (Filing fee $350.), filed by PACIFIC LIFE INSURANCE COMPANY. (kdm) (Entered: 05/13/2008)
2008-05-09 2 0 CIVIL COVER SHEET. (kdm) (Entered: 05/13/2008)
2008-06-05 4 0 WAIVER OF SERVICE Returned Executed by PACIFIC LIFE INSURANCE COMPANY. GENESIS FINANCIAL SERVICES INC waiver sent on 5/12/2008, answer due 7/11/2008. (TIMIN, GARY) (Entered: 06/05/2008)
2008-06-16 5 0 WAIVER OF SERVICE Returned Executed by PACIFIC LIFE INSURANCE COMPANY. SUSAN P BLISS waiver sent on 6/13/2008, answer due 8/12/2008. (TIMIN, GARY) (Entered: 06/16/2008)
2008-06-16 6 0 WAIVER OF SERVICE Returned Executed by PACIFIC LIFE INSURANCE COMPANY. MARY PAYNE NGUYEN waiver sent on 6/13/2008, answer due 8/12/2008. (TIMIN, GARY) (Entered: 06/16/2008)
2008-06-16 7 0 WAIVER OF SERVICE Returned Executed by PACIFIC LIFE INSURANCE COMPANY. SARA E PAYNE waiver sent on 6/13/2008, answer due 8/12/2008. (TIMIN, GARY) (Entered: 06/16/2008)
2008-06-16 8 0 WAIVER OF SERVICE Returned Executed by PACIFIC LIFE INSURANCE COMPANY. MARTHA N PAYNE waiver sent on 6/13/2008, answer due 8/12/2008. (TIMIN, GARY) (Entered: 06/16/2008)
2008-06-16 9 0 WAIVER OF SERVICE Returned Executed by PACIFIC LIFE INSURANCE COMPANY. SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST waiver sent on 6/13/2008, answer due 8/12/2008. (TIMIN, GARY) (Entered: 06/16/2008)
2008-06-16 10 0 Consent MOTION Order to Deposit Disputed Funds re 1 Complaint by PACIFIC LIFE INSURANCE COMPANY. (TIMIN, GARY) (Entered: 06/16/2008) 2010-08-24 22:48:03 13d1d86994f5216d51f6bc4b5c7f8c052908f7be
2008-06-17 11 0 Corporate Disclosure Statement/Certificate of Interested Persons by PACIFIC LIFE INSURANCE COMPANY identifying Corporate Parent Pacific LifeCorp, Corporate Parent Pacific Mutual Holding Company for PACIFIC LIFE INSURANCE COMPANY.. (TIMIN, GARY) (Entered: 06/17/2008)
2008-07-10 12 0 ORDER AUTHORIZING DEPOSIT INTO COURT REGISTRY; GRANTING 10 Consent Motion Order to Deposit Disputed Funds. Signed by JUDGE STEPHAN P MICKLE on 7/10/2008. (kdm) (Entered: 07/10/2008) 2010-08-24 22:49:18 ef0b03d3210cd42d767c2b7de6eb6bb8f5c865ea
2008-07-11 13 0 DEEMED WITHDRAWN PER 26 ORDER --- MOTION to Dismiss by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST. (Internal deadline for referral to judge if response not filed earlier: 7/29/2008). (OWEN, WILLIAM) Modified on 7/24/2008 to add text (kdm). (Entered: 07/11/2008) 2010-08-24 22:50:18 e510efe801446f3fc527724b80e06773fac675e8
2008-07-15 15 0 NOTICE of Depositing Funds into the Court's Registry by PACIFIC LIFE INSURANCE COMPANY re 12 Order on Motion for Miscellaneous Relief (TIMIN, GARY) (Entered: 07/15/2008)
2008-07-15 16 0 DEPOSIT INTO COURT TREASURY REGISTRY: $ 134,719.10, receipt number 1-619 per 12 Order. (kdm) (Entered: 07/15/2008)
2008-07-18 17 0 Sylva G. Payne Irrevocable Trust ANSWER to Complaint, COUNTERCLAIM against PACIFIC LIFE INSURANCE COMPANY by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (OWEN, WILLIAM) (Entered: 07/18/2008) 2010-08-24 22:50:08 ee982074f64461aa32e8a533ea4af2600bf56eb0
17 2 Exhibit A
17 3 Exhibit B
17 4 Exhibit C
2008-07-18 18 0 Def. M. Payne, S. Bliss, M.P. Nugyen and S. Payne ANSWER to Complaint by MARTHA N PAYNE. (OWEN, WILLIAM) (Entered: 07/18/2008) 2010-08-24 22:51:19 2b94f1333d4b9ec05c895965c5533191c8cc1021
2008-07-18 19 0 MOTION to Withdraw Defendant's Motion to Dismiss by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST. (OWEN, WILLIAM) (Entered: 07/18/2008)
2008-07-18 20 0 APPLICATION for Clerk's Entry of Default as to Genesis Financial Services, Inc.. (OWEN, WILLIAM) (Entered: 07/18/2008)
2008-07-21 21 0 Clerk's ENTRY OF DEFAULT as to GENESIS FINANCIAL SERVICES INC. (kdm) (Entered: 07/21/2008)
2008-07-23 23 0 MOTION for Judgment as a Matter of Law by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST. (Internal deadline for referral to judge if response not filed earlier: 8/11/2008). (Attachments: # 1 Text of Proposed Order Final Judgment Extinguishing Purported Claim of Defendant Genesis Fin. Ser.) (OWEN, WILLIAM) (Entered: 07/23/2008)
2008-07-24 24 0 DOCKET ANNOTATION BY COURT: Re 23 MOTION for Judgment as a Matter of Law filed by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST --- Advised attorney of the need to refile document due to the proposed order attachment having the wrong judge's name on the signature block. (kdm) (Entered: 07/24/2008)
2008-07-24 25 0 AMENDED MOTION for Judgment as a Matter of Law by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST. (Internal deadline for referral to judge if response not filed earlier: 8/11/2008). (Attachments: # 1 Exhibit Proposed Final Judgment) (OWEN, WILLIAM) Modified on 7/25/2008 to add text (kdm). (Entered: 07/24/2008)
2008-07-23 26 0 ORDER GRANTING 19 Motion to Withdraw; DEEMED WITHDRAWN 13 Motion to Dismiss. Signed by JUDGE STEPHAN P MICKLE on 7/23/2008. (kdm) (Entered: 07/24/2008)
2008-07-30 27 0 NOTICE of Voluntary Dismissal by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST (OWEN, WILLIAM) (Entered: 07/30/2008)
2008-07-30 28 0 MOTION Discharge Pursuant to 28 USC 2361 by PACIFIC LIFE INSURANCE COMPANY. (Attachments: # 1 Exhibit Proposed Order on Unopposed Motion) (TIMIN, GARY) (Entered: 07/30/2008) 2010-08-24 22:54:01 f3d09c8b9b3f3ad32936299b0260f7d95c52fd68
28 2 Exhibit Proposed Order on Unopposed Motion
2008-08-04 29 0 MOTION for Judgment on the Pleadings by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST. (Internal deadline for referral to judge if response not filed earlier: 8/22/2008). (Attachments: # 1 Text of Proposed Order) (OWEN, WILLIAM) (Entered: 08/04/2008) 2010-08-24 22:56:22 33844afae6dae95722436498787e5027ec322c24
29 2 Text of Proposed Order
2008-08-06 30 0 ORDER DISMISSING COUNTERCLAIMS re 27 Notice of Voluntary Dismissal filed by SYLVIA G PAYNE IRREVOCABLE WEALTH TRUST. Signed by JUDGE STEPHAN P MICKLE on 8/06/2008. (kdm) (Entered: 08/06/2008)
2008-08-06 31 0 ORDER granting 28 Motion Discharge Pursuant to 28 USC 2361. Signed by JUDGE STEPHAN P MICKLE on 8/06/2008. Pacific Life is hereby discharged and dismissed from this proceeding. (kdm) (Entered: 08/06/2008)
2008-08-08 32 0 MOTION for Attorney Fees and Costs from Interpled Funds by PACIFIC LIFE INSURANCE COMPANY. (Attachments: # 1 Text of Proposed Order Proposed Order on Motion for Limited Attorneys Fees) (TIMIN, GARY) (Entered: 08/08/2008)
2008-08-11 33 0 Supplemental MOTION for Attorney Fees and Costs from Interpled Funds by PACIFIC LIFE INSURANCE COMPANY. (TIMIN, GARY) (Entered: 08/11/2008)
2008-08-14 34 0 ORDER AWARDING FEES AND COSTS TO PLAINTIFF; GRANTING 32 Motion for Attorney Fees and Costs from Interpled Funds. Signed by JUDGE STEPHAN P MICKLE on 8/14/2008. The Clerk of Court is directed to deduct the sum of $20,000.00(Twenty-Thousand Dollars) from the interpleaded funds, representing the agreed amount due to Plaintiff as reimbursement for its limited attorney fees and costs; disburse the same to the order of Squire Sander & Dempsey L.L.P., for the benefit of Pacific Life; and remit them to 215 South Monroe Street, Suite 601, Tallahassee, Florida, 32301-1804, Attn: Gary P. Timin. (kdm) (Entered: 08/14/2008)
2008-09-10 35 0 ORDER granting 25 Motion for Judgment as a Matter of Law; granting 29 Motion for Judgment on the Pleadings. Signed by JUDGE STEPHAN P MICKLE on 9/10/2008. The clerk of court shall disburse the remaining intepled funds to the Sylvia G. Payne Irrevocable Wealth Trust, care of William C. Owen, LLC, 241 Pinewood Drive, Tallahassee, Florida, 32303. (kdm) (Entered: 09/10/2008)
2008-09-10 36 0 CLERK'S JUDGMENT re 35 Order. (kdm) (Entered: 09/10/2008)