| Court: | ilsd |
| Docket #: | 3:10-cv-01000 |
| Case Name: | Pettet Funeral Home, Ltd. v. Merrill Lynch Pierce Fenner & Smith, Inc. et al |
| PACER case #: | 49185 |
| Date filed: | 2010-12-09 |
| Date terminated: | 2012-06-12 |
| Assigned to: | Judge G. Patrick Murphy |
| Referred to: | Magistrate Judge Donald G. Wilkerson |
| Case Cause: | 28:1332 Diversity-Insurance Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Pettet Funeral Home, Ltd. Plaintiff on behalf of themselves and all others similarly situated |
Douglas P. Dowd John J. Driscoll William T. Dowd |
| Merrill Lynch Pierce Fenner & Smith, Inc. Defendant |
Peter E. Cooper John S. Monical |
| Merrill Lynch Life Agency Defendant |
Peter E. Cooper John S. Monical |
| Merrill Lynch Life Insurance Company Defendant Party added back per Amended Complaint filed 1/7/2011 |
|
| Bank of America NA Defendant as successor in interest to Merrill Lynch Bank & Trust Co., FSB |
Clyde L. Kuehn Thomas A. McCann |
| Edward Louis Schainker Defendant |
Phillip Leon Stern Athanasios Papadopoulos Michael Z. Gurland |
| Paul W. Felsch Defendant |
Eric D. Martin Jeffrey J. Kalinowski |
| Mark A. Summer Defendant |
Scott C. Helmholz Jeffrey R. Baron |
| Transamerica Advisors Life Insurance Company Defendant TERMINATED: 03/15/2011 formerly known asMerrill Lynch Life Insurance Company TERMINATED: 03/15/2011 |
William A. Chittenden , III Julie F. Wall Morgan J. Milner |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-12-09 | 1 | 0 | Case Opened. Documents may now be electronically filed. Case number 10-1000-JPG/DGW must be placed on all documents prior to filing them electronically. (Attachments: # 1 Consent to Magistrate Judge)(bkl) (Entered: 12/09/2010) | |||
| 2010-12-09 | 2 | 0 | COMPLAINT against Bank of America NA, Paul W. Felsch, Merrill Lynch Life Agency, Merrill Lynch Life Insurance Company, Merrill Lynch Pierce Fenner & Smith, Inc., Edward Louis Schainker, Mark A. Summer ( Filing fee $ 350 receipt number 0754-1283004.), filed by Pettet Funeral Home, Ltd.. (Attachments: # 1 Civil Cover Sheet)(Driscoll, John) (Entered: 12/09/2010) | |||
| 2010-12-10 | 3 | 0 | Summons Issued as to Merrill Lynch Pierce Fenner & Smith, Inc. (dka, ) (Entered: 12/10/2010) | |||
| 2010-12-10 | 4 | 0 | Summons Issued as to Mark A. Summer. (dka, ) (Entered: 12/10/2010) | |||
| 2010-12-10 | 5 | 0 | Summons Issued as to Edward Louis Schainker. (dka, ) (Entered: 12/10/2010) | |||
| 2010-12-13 | 6 | 0 | ORDER REASSIGNING CASE. Case reassigned to Judge G. Patrick Murphy for all further proceedings. Judge J. Phil Gilbert no longer assigned to case Signed by Judge J. Phil Gilbert on 12/13/2010. (jdh, ) (Entered: 12/13/2010) | |||
| 2010-12-15 | 7 | 0 | Summons Issued as to Bank of America NA and Merrill Lynch Life Agency. (slj) (Entered: 12/15/2010) | |||
| 2010-12-15 | 8 | 0 | Summons Reissued as to Bank of America NA. (slj) (Entered: 12/15/2010) | |||
| 2010-12-20 | 9 | 0 | SUMMONS Returned Executed by Pettet Funeral Home, Ltd.. Bank of America NA served on 12/17/2010, answer due 1/7/2011; Merrill Lynch Life Agency served on 12/15/2010, answer due 1/5/2011; Merrill Lynch Pierce Fenner & Smith, Inc. served on 12/13/2010, answer due 1/3/2011; Mark A. Summer served on 12/16/2010, answer due 1/6/2011. (Driscoll, John) (Entered: 12/20/2010) | |||
| 2010-12-21 | 10 | 0 | NOTICE of Appearance by William T. Dowd on behalf of Pettet Funeral Home, Ltd. (Dowd, William) (Entered: 12/21/2010) | |||
| 2010-12-21 | 11 | 0 | Summons Issued as to Paul W. Felsch. (slj) (Entered: 12/21/2010) | |||
| 2010-12-21 | 12 | 0 | Summons Returned Unexecuted by Pettet Funeral Home, Ltd. as to Edward Louis Schainker. (Driscoll, John) (Entered: 12/21/2010) | |||
| 2010-12-21 | 13 | 0 | Summons Issued as to Edward Louis Schainker. (drb) (Entered: 12/21/2010) | |||
| 2010-12-23 | 14 | 0 | AMENDED COMPLAINT against Bank of America NA, Paul W. Felsch, Merrill Lynch Life Agency, Merrill Lynch Life Insurance Company, Merrill Lynch Pierce Fenner & Smith, Inc., Edward Louis Schainker, Mark A. Summer, filed by Pettet Funeral Home, Ltd..(Driscoll, John) (Entered: 12/23/2010) | |||
| 2010-12-27 | 15 | 0 | NOTICE OF ERRORS AND/OR DEFICIENCIES re 14 Amended Complaint, filed by Pettet Funeral Home, Ltd.. See attached document for specifics (jaj) (Entered: 12/27/2010) | |||
| 2010-12-27 | 16 | 0 | Summons Issued as to Transamerica Advisors Life Insurance Company f/k/a Merrill Lynch Life Insurance Company. (slj) (Entered: 12/27/2010) | |||
| 2010-12-28 | 17 | 0 | SUMMONS Returned Executed by Pettet Funeral Home, Ltd.. Paul W. Felsch served on 12/21/2010, answer due 1/11/2011; Edward Louis Schainker served on 12/27/2010, answer due 1/18/2011. (Driscoll, John) (Entered: 12/28/2010) | |||
| 2010-12-29 | 18 | 0 | ORDER: Plaintiff Pettett Funeral Home, Ltd., is ORDERED to file a second amended complaint properly alleging the Court's subject matter jurisdiction based upon diversity of citizenship pursuant to 28 U.S.C. § 1332, as amended by the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 (codified in scattered sections of 28 U.S.C.), not later than Friday, January 7, 2011, at 12:00 noon; see attached order for specifics. Signed by Judge G. Patrick Murphy on 12/29/2010. (jhs) (Entered: 12/29/2010) | |||
| 2011-01-05 | 19 | 0 | SUMMONS Returned Executed by Pettet Funeral Home, Ltd.. Transamerica Advisors Life Insurance Company served on 12/31/2010, answer due 1/21/2011. (Driscoll, John) (Entered: 01/05/2011) | |||
| 2011-01-07 | 20 | 0 | AMENDED COMPLAINT Second Amended Class Action Complaint against Bank of America NA, Paul W. Felsch, Merrill Lynch Life Agency, Merrill Lynch Life Insurance Company, Merrill Lynch Pierce Fenner & Smith, Inc., Edward Louis Schainker, Mark A. Summer, Transamerica Advisors Life Insurance Company, filed by Pettet Funeral Home, Ltd.. (Attachments: # 1 Exhibit Funeral Trust Guaranteed Form, # 2 Exhibit Notice of Hearing and Order of Suspension, # 3 Exhibit Order of License Revocation, # 4 Exhibit Stipulation and Consent Order, # 5 Exhibit Order to Cease and Desist, # 6 Exhibit Order to Cease and Desist, # 7 Exhibit Consent Order, # 8 Exhibit Successor Trustee Agreement, # 9 Exhibit Correspondence from Illinois Office of the Comptroller)(Dowd, William) (Entered: 01/07/2011) | |||
| 2011-01-13 | 21 | 0 | NOTICE of Appearance by Peter E. Cooper on behalf of Merrill Lynch Life Agency, Merrill Lynch Pierce Fenner & Smith, Inc. (Cooper, Peter) (Entered: 01/13/2011) | |||
| 2011-01-14 | 22 | 0 | NOTICE of Appearance by John S. Monical on behalf of Merrill Lynch Life Agency, Merrill Lynch Pierce Fenner & Smith, Inc. (Monical, John) (Entered: 01/14/2011) | |||
| 2011-01-19 | 23 | 0 | Corporate Disclosure Statement by Merrill Lynch Pierce Fenner & Smith, Inc. identifying Corporate Parent Merrill Lynch & Co., Inc., Corporate Parent Bank of America Corporation for Merrill Lynch Pierce Fenner & Smith, Inc.. (Cooper, Peter) (Entered: 01/19/2011) | |||
| 2011-01-19 | 24 | 0 | Corporate Disclosure Statement by Merrill Lynch Life Agency identifying Corporate Parent Merrill Lynch & Co., Inc., Corporate Parent Merrill Lynch, Pierce, Fenner & Smith Incorporated, Corporate Parent Bank of America Corporation for Merrill Lynch Life Agency. (Cooper, Peter) (Entered: 01/19/2011) | |||
| 2011-01-19 | 25 | 0 | Joint MOTION to Consolidate Cases of Merrill Lynch, MLLA, Edward Schainker, Paul Felsch, Mark Summer by Merrill Lynch Life Agency, Merrill Lynch Pierce Fenner & Smith, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Cooper, Peter) (Entered: 01/19/2011) | |||
| 2011-01-19 | 26 | 0 | Joint MOTION to Dismiss by Merrill Lynch, MLLA, Edward Schainker, Paul Felsch & Mark Summer by Merrill Lynch Life Agency, Merrill Lynch Pierce Fenner & Smith, Inc.. Responses due by 2/22/2011 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Cooper, Peter) (Entered: 01/19/2011) | |||
| 2011-01-21 | 27 | 0 | NOTICE of Appearance by Athanasios Papadopoulos on behalf of Edward Louis Schainker (Papadopoulos, Athanasios) (Entered: 01/21/2011) | |||
| 2011-01-21 | 28 | 0 | NOTICE of Appearance by Phillip Leon Stern on behalf of Edward Louis Schainker (Stern, Phillip) (Entered: 01/21/2011) | |||
| 2011-01-21 | 29 | 0 | NOTICE of Appearance by Michael Z. Gurland on behalf of Edward Louis Schainker (Gurland, Michael) (Entered: 01/21/2011) | |||
| 2011-01-21 | 30 | 0 | MOTION for Leave to File Third Amended Class Action Complaint by Pettet Funeral Home, Ltd.. (Dowd, William) (Entered: 01/21/2011) | |||
| 2011-01-24 | 31 | 0 | ORDER GRANTING 30 Motion for Leave to File. Plaintiff is directed to e-file its Third Amended Class Action Complaint by 1/26/11. Signed by Magistrate Judge Donald G. Wilkerson on 1/24/11. (alg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/24/2011) | |||
| 2011-01-24 | 32 | 0 | AMENDED COMPLAINT Third Amended Complaint against Bank of America NA, Paul W. Felsch, Merrill Lynch Life Agency, Merrill Lynch Life Insurance Company, Merrill Lynch Pierce Fenner & Smith, Inc., Edward Louis Schainker, Mark A. Summer, Transamerica Advisors Life Insurance Company, filed by Pettet Funeral Home, Ltd.. (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)(Dowd, William) (Entered: 01/24/2011) | |||
| 2011-01-24 | 33 | 0 | NOTICE of Appearance by Jeffrey J. Kalinowski on behalf of Paul W. Felsch (Kalinowski, Jeffrey) (Entered: 01/24/2011) | |||
| 2011-01-24 | 34 | 0 | NOTICE of Appearance by Eric D. Martin on behalf of Paul W. Felsch (Martin, Eric) (Entered: 01/24/2011) | |||
| 2011-01-24 | 35 | 0 | NOTICE of Appearance by William A. Chittenden, III on behalf of Transamerica Advisors Life Insurance Company (Chittenden, William) (Entered: 01/24/2011) | |||
| 2011-01-24 | 36 | 0 | NOTICE of Appearance by Julie F. Wall on behalf of Transamerica Advisors Life Insurance Company (Wall, Julie) (Entered: 01/24/2011) | |||
| 2011-01-24 | 37 | 0 | NOTICE of Appearance by Morgan J. Milner on behalf of Transamerica Advisors Life Insurance Company (Milner, Morgan) (Entered: 01/24/2011) | |||
| 2011-01-24 | 38 | 0 | Corporate Disclosure Statement by Transamerica Advisors Life Insurance Company identifying Corporate Parent AEGON, USA, LLC, Other Affiliate AEGON N.V. for Transamerica Advisors Life Insurance Company. (Chittenden, William) (Entered: 01/24/2011) | |||
| 2011-01-24 | 39 | 0 | MOTION for Extension of Time to File Answer re 32 Amended Complaint,, Or Otherwise Plead to Plaintiff's Third Amended Class Action Complaint by Transamerica Advisors Life Insurance Company. (Chittenden, William) (Entered: 01/24/2011) | |||
| 2011-01-24 | 40 | 0 | NOTICE of Appearance by Scott C. Helmholz on behalf of Mark A. Summer (Helmholz, Scott) (Entered: 01/24/2011) | |||
| 2011-01-24 | 41 | 0 | NOTICE of Appearance by Jeffrey R. Baron on behalf of Mark A. Summer (Baron, Jeffrey) (Entered: 01/24/2011) | |||
| 2011-01-25 | 42 | 0 | ORDER granting 39 Motion for Extension of Time brought by Defendant Transamerica Advisors Life Insurance Company ("Transamerica"). Transamerica shall have up to and including February 14, 2011, to answer or otherwise plead to 32 Third Amended Class Action Complaint brought by Plaintiff Pettett Funeral Home, Ltd., on behalf of itself and all others similarly situated. Signed by Judge G. Patrick Murphy on 1/25/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/25/2011) | |||
| 2011-01-31 | 43 | 0 | RESPONSE to Motion re 25 Joint MOTION to Consolidate Cases of Merrill Lynch, MLLA, Edward Schainker, Paul Felsch, Mark Summer filed by Pettet Funeral Home, Ltd.. (Attachments: # 1 Exhibit Clancy-Gernon Third Amended Complaint, # 2 Exhibit Tipsword Amended Complaint)(Dowd, William) (Entered: 01/31/2011) | |||
| 2011-02-01 | 44 | 0 | RESPONSE to Motion re 25 Joint MOTION to Consolidate Cases of Merrill Lynch, MLLA, Edward Schainker, Paul Felsch, Mark Summer filed by Transamerica Advisors Life Insurance Company. (Chittenden, William) (Entered: 02/01/2011) | |||
| 2011-02-10 | 45 | 0 | ANSWER to 32 Amended Complaint,, by Merrill Lynch Life Agency, Merrill Lynch Pierce Fenner & Smith, Inc..(Cooper, Peter) (Entered: 02/10/2011) | |||
| 2011-02-13 | 46 | 0 | ORDER: This matter is before the Court on 45 Response to Third Amended Complaint brought by Defendants Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch"), Merrill Lynch Life Agency ("Merrill Lynch Life"), Edward Louis Schainker, Mark A. Summer, and Paul W. Felsch. On January 19, 2011, Merrill Lynch, Merrill Lynch Life, Schainker, Summer, and Felsch moved to dismiss 20 Second Amended Complaint brought by Plaintiff Pettett Funeral Home, Ltd. ("Pettett"), on behalf of itself and all others similarly situated. See Doc. 26. Since the filing of the motion to dismiss, Pettett has filed 32 Third Amended Complaint. The response to Pettett's third amended complaint by Merrill Lynch, Merrill Lynch Life, Schainker, Summer, and Felsch indicates that those Defendants wish for their motion to dismiss to be deemed by the Court to be directed to Pettett's third amended complaint. The Court agrees. "Defendants should not be required to file a new motion to dismiss simply because an amended pleading was introduced while their motion was pending. If some of the defects raised in the original motion remain in the new pleading, the court simply may consider the motion as being addressed to the amended pleading." Walker v. Monsanto Co. Pension Plan, Nos. 04-cv-436-DRH, 06-cv-139-DRH, 06-cv-003-DRH, 05-cv-736-DRH, 2006 WL 2802051, at *1 (S.D. Ill. Sept. 27, 2006) (quoting 6 Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1476 (3d ed. 1998 & Supp. 2006)). Because the supposed legal insufficiencies in Pettett's pleading of its claim for relief in its second amended complaint in this case that are challenged in the motion to dismiss brought by Merrill Lynch, Merrill Lynch Life, Schainker, Summer, and Felsch also are present in Pettett's third amended complaint, the Court deems the motion to dismiss to be directed to Pettett's third amended complaint. Merrill Lynch, Merrill Lynch Life, Schainker, Summer, and Felsch shall not be required to answer Pettett's third amended complaint unless and until the Court denies the motion to dismiss, at which time Merrill Lynch, Merrill Lynch Life, Schainker, Summer, and Felsch shall answer Pettett's third amended complaint in the manner prescribed under Rule 12 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 12(a)(4)(A). Pettett shall respond to the motion to dismiss brought by Merrill Lynch, Merrill Lynch Life, Schainker, Summer, and Felsch not later than February 22, 2011, unless Pettett requests additional time to respond to the motion. See Fed. R. Civ. P. 6(a)(1), (b), (d); SDIL-LR 7.1(c). Signed by Judge G. Patrick Murphy on 2/13/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/13/2011) | |||
| 2011-02-14 | 47 | 0 | NOTICE of Appearance by Clyde L. Kuehn on behalf of Bank of America NA (Kuehn, Clyde) (Entered: 02/14/2011) | |||
| 2011-02-14 | 48 | 0 | MOTION for Extension of Time to File Answer re 32 Amended Complaint,, by Bank of America NA. (Kuehn, Clyde) (Entered: 02/14/2011) | |||
| 2011-02-14 | 49 | 0 | NOTICE of Appearance by Thomas A. McCann on behalf of Bank of America NA (McCann, Thomas) (Entered: 02/14/2011) | |||
| 2011-02-14 | 50 | 0 | MOTION to Dismiss Plaintiff's Third Amended Class Action Complaint by Transamerica Advisors Life Insurance Company. Responses due by 3/21/2011 (Wall, Julie) (Entered: 02/14/2011) | |||
| 2011-02-14 | 51 | 0 | MEMORANDUM in Support re 50 MOTION to Dismiss Plaintiff's Third Amended Class Action Complaint filed by Transamerica Advisors Life Insurance Company. (Wall, Julie) (Entered: 02/14/2011) | |||
| 2011-02-14 | 52 | 0 | EXHIBIT by Transamerica Advisors Life Insurance Company. Exhibit to 51 Memorandum in Support of Motion (Exhibit A). (Wall, Julie) (Entered: 02/14/2011) | |||
| 2011-02-15 | 53 | 0 | ORDER granting 48 Motion for Extension of Time brought by Defendant Bank of America, N.A. ("Bank of America"). Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure, Bank of America shall have up to and including February 18, 2011, to answer or otherwise plead to 32 Third Amended Complaint brought by Plaintiff Pettett Funeral Home, Ltd., on behalf of itself and all others similarly situated. Signed by Judge G. Patrick Murphy on 2/15/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/15/2011) | |||
| 2011-02-18 | 54 | 0 | MOTION for Extension of Time to File Response/Reply as to 45 Answer to Amended Complaint and Merrill Lynch Defendants Motion to Dismiss Third Amended Complaint by Pettet Funeral Home, Ltd.. (Dowd, William) (Entered: 02/18/2011) | |||
| 2011-02-18 | 55 | 0 | MOTION to Dismiss by Bank of America NA. Responses due by 3/23/2011 (Attachments: # 1 Exhibit Exhibit A)(McCann, Thomas) (Entered: 02/18/2011) | |||
| 2011-02-19 | 56 | 0 | ORDER granting 54 Motion for Extension of Time brought by Plaintiff Pettett Funeral Home, Ltd. ("Pettett"), on behalf of itself and all others similarly situated. Currently Pettett must respond to 26 Motion to Dismiss brought by Defendants Merrill Lynch, Pierce, Fenner & Smith, Inc., Merrill Lynch Life Agency, Edward Louis Schainker, Mark A. Summer, and Paul W. Felsch not later than February 22, 2011. Pursuant to Rule 6 of the Federal Rules of Civil Procedure Pettett's motion for an extension of time to respond to the said motion to dismiss is GRANTED and it is hereby ORDERED that Pettett shall have thirty (30) additional days from the date of entry of this Order to respond to the motion to dismiss. Signed by Judge G. Patrick Murphy on 2/19/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/19/2011) | |||
| 2011-02-22 | 57 | 0 | NOTICE OF HEARING. There currently is a status conference scheduled in the case of Tipsword v. I.F.D.A. Services, Inc., Civil No. 09-390-GPM (S.D. Ill. filed May 22, 2009), which case is consolidated with Clancy-Gernon Funeral Homes, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Civil No. 09-1008-GPM (S.D. Ill. filed Dec. 2, 2009), on March 14, 2011, at 1:30 p.m. at the United States District Courthouse in Benton, Illinois, Judge G. Patrick Murphy presiding. The parties to this case are hereby notified that at the March 14 status conference in the Tipsword and Clancy-Gernon cases the Court intends to take up the matter of 25 Joint Motion to Consolidate Cases brought by Defendants Merrill Lynch, Pierce, Fenner & Smith, Inc., Merrill Lynch Life Agency, Edward Louis Schainker, Mark A. Summer, and Paul W. Felsch in this case concerning whether this case should be consolidated with the Tipsword and Clancy-Gernon cases. Counsel for the parties to this case should appear at the March 14 hearing in the Tipsword and Clancy-Gernon cases and be prepared to address the issue of consolidation of this case with the Tipsword and Clancy-Gernon cases. Signed by Judge G. Patrick Murphy on 2/22/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2011) | |||
| 2011-02-22 | 58 | 0 | NOTICE of Appearance by Douglas P. Dowd on behalf of Pettet Funeral Home, Ltd. (Dowd, Douglas) (Entered: 02/22/2011) | |||
| 2011-02-23 | 59 | 0 | NOTICE of Hearing on 25 Joint MOTION to Consolidate Cases of Merrill Lynch, MLLA, Edward Schainker, Paul Felsch, Mark Summer: Motion Hearing set for 3/14/2011 at 01:30 PM in Benton Courthouse before Judge G. Patrick Murphy. (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/23/2011) | |||
| 2011-03-11 | 60 | 0 | NOTICE of Voluntary Dismissal by Pettet Funeral Home, Ltd. (Dowd, William) (Entered: 03/11/2011) | |||
| 2011-03-14 | 61 | 0 | ORDER OF CONSOLIDATION: The Court hereby GRANTS 25 Motion to Consolidate brought Defendants Merrill Lynch Bank & Trust Co., FSB, Merrill Lynch, Pierce, Fenner & Smith, Inc., Merrill Lynch Life Agency, Inc., Edward L. Schainker, Paul W. Felsch, and Mark A. Summer. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, this case is hereby CONSOLIDATED for all purposes with Tipsword v. I.F.D.A. Services, Inc., Civil No. 09-390-GPM (S.D. Ill. filed May 22, 2009), and Clancy-Gernon Funeral Homes, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Civil No. 09-1008-GPM (S.D. Ill. filed Dec. 2, 2009). Civil No. 09-390-GPM shall be the lead case, and all further filings in the consolidated cases shall be in Civil No. 09-390-GPM. Signed by Judge G. Patrick Murphy on 3/14/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/14/2011) | |||
| 2011-03-15 | 62 | 0 | Docket Annotation: In light of 60 Notice of Voluntary Dismissal Without Prejudice brought by Plaintiff Pettet Funeral Home, Ltd., the Clerk of Court is directed to terminate Defendant Transamerica Advisors Life Insurance Company as a party to this litigation on the electronic docket of the case. (jhs) (Entered: 03/15/2011) | |||
| 2011-03-14 | 63 | 0 | Minute Entry for proceedings held before Judge G. Patrick Murphy: Motion Hearing held on 3/14/2011. Written Order to follow. (Court Reporter Molly Clayton.) (lmm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/16/2011) | |||
| 2011-04-05 | 64 | 0 | ORDER denying as moot 50 Motion to Dismiss brought by Defendant Transamerica Advisors Life Insurance Company ("Transamerica"). Because Plaintiff Pettett Funeral Home, Ltd., voluntarily dismissed Transamerica by notice as a party to this litigation on March 11, 2011, Transamerica's motion to dismiss is moot. Signed by Judge G. Patrick Murphy on 4/5/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/05/2011) | |||
| 2011-04-05 | 65 | 0 | ORDER denying without prejudice 26 Motion to Dismiss brought by Defendant Merrill Lynch, Pierce, Fenner & Smith, Inc., Merrill Lynch Life Agency, Edward Louis Schainker, Mark A. Summer, and Paul W. Felsch (hereinafter, collectively, "the Merrill Lynch Defendants"). This case is before the Court on the matter of docket control. Because this case, Pettett Funeral Home, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Civil No. 10-1000-GPM (S.D. Ill. filed Dec. 9, 2010), has been consolidated with Tipsword v. I.F.D.A. Services, Inc., Civil No. 09-390-GPM (S.D. Ill. filed May 22, 2009), and Clancy-Gernon Funeral Homes, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Civil No. 09-1008-GPM (S.D. Ill. filed Dec. 2, 2009), with Civil No. 09-390-GPM as the lead case in which all further filings in the consolidated cases are to be made, the Court denies the Merrill Lynch Defendants' motion to dismiss without prejudice to re-filing the motion in Civil No. 09-390-GPM. Plaintiff Pettett Funeral Home, Ltd. ("Pettett"), already has filed a response to the Merrill Lynch Defendants' motion to dismiss in Civil No. 09-390-GPM, which response is Document 265 in the docket of Civil No. 09-390-GPM. Accordingly, at such time as the Merrill Lynch Defendants may re-file in Civil No. 09-390-GPM their motion to dismiss Pettett's claim for relief, it will be unnecessary for Pettett to file a new response to the motion; the Court will deem Doc. 265 to be Pettett's response to the Merrill Lynch Defendants' renewed request for dismissal of Pettett's claim. Signed by Judge G. Patrick Murphy on 4/5/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/05/2011) | |||
| 2011-04-05 | 66 | 0 | ORDER denying without prejudice 55 Motion to Dismiss brought by Defendant Bank of America, N.A. ("B of A"). This case is before the Court on the matter of docket control. Because this case, Pettett Funeral Home, Ltd. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Civil No. 10-1000-GPM (S.D. Ill. filed Dec. 9, 2010), has been consolidated with Tipsword v. I.F.D.A. Services, Inc., Civil No. 09-390-GPM (S.D. Ill. filed May 22, 2009), and Clancy-Gernon Funeral Homes, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Civil No. 09-1008-GPM (S.D. Ill. filed Dec. 2, 2009), with Civil No. 09-390-GPM as the lead case in which all further filings in the consolidated cases are to be made, the Court denies B of A's motion to dismiss without prejudice to re-filing the motion in Civil No. 09-390-GPM. Plaintiff Pettett Funeral Home, Ltd. ("Pettett"), already has filed a response to B of A's motion to dismiss in Civil No. 09-390-GPM, which response is Document 267 in the docket of Civil No. 09-390-GPM. Accordingly, at such time as B of A may re-file in Civil No. 09-390-GPM its motion to dismiss Pettett's claim for relief, it will be unnecessary for Pettett to file a new response to the motion; the Court will deem Doc. 267 to be Pettett's response to B of A's renewed request for dismissal of Pettett's claim. Signed by Judge G. Patrick Murphy on 4/5/2011. (jhs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/05/2011) | |||
| 2011-06-08 | 67 | 0 | ENTRY STRICKEN - NOTICE of Appearance by Mark J. Altschul on behalf of Bank of America NA (Altschul, Mark) Modified on 6/8/2011 (slj). (Entered: 06/08/2011) | |||
| 2011-06-08 | 68 | 0 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 67 Notice of Appearance filed by Bank of America NA. Per counsel, appearance made in incorrect member case. Entry stricken per request. (slj) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/08/2011) | |||
| 2011-08-04 | 69 | 0 | ENTRY STRICKEN: NOTICE of Appearance by Michael S. Yellin on behalf of Merrill Lynch Pierce Fenner & Smith, Inc. (Yellin, Michael) Modified on 8/8/2011 (lmb). (Entered: 08/04/2011) | |||
| 2011-08-08 | 70 | 0 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 69 Notice of Appearance filed by Merrill Lynch Pierce Fenner & Smith, Inc. Document was filed in the wrong case. Should be filed in 09-390 as this case is closed. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/08/2011) | |||
| 2011-12-16 | 71 | 0 | ORDER. The Status Conference scheduled at 3:00 p.m. December 19, 2011 in the East St. Louis Courthouse is CANCELLED and will be RESCHEDULED pursuant to the Court's calendar and upon further information from counsel. Signed by Judge G. Patrick Murphy on 12/16/2011. Associated Cases: 3:09-cv-00390-GPM -DGW, 3:09-cv-01008-GPM -DGW, 3:10-cv-01000-GPM -DGW(ktc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/16/2011) | |||
| 2012-06-12 | 72 | 0 | FINAL ORDER: Re Motion for Final Approval of Class Action Settlement filed at Doc. 393 in lead case 09-390-GPM. Signed by Judge G. Patrick Murphy on 06/12/12. (Attachments: # 1 Exhibit A)(bab) (Entered: 06/12/2012) | 2013-01-11 00:42:42 | e742a55bcfc9e5071a6fb313109d72058db5bcaf | |
| 72 | 1 | Exhibit A | ||||
| 2012-06-12 | 73 | 0 | JUDGMENT. Signed by Judge G. Patrick Murphy on 6/12/12. (bab) (Entered: 06/12/2012) |