Case: Hipp v. Liberty Nat. Life Ins. Co.

Hipp v. Liberty National Life Insurance

Hipp v. Liberty National Life Insurance Company

Hipp v. Liberty National Life Insurance Company

Hipp v. Liberty National Life Insurance Company

Hipp v. Liberty National Life Insurance Company

Hipp v. Liberty National Life Insurance Company

U.S. Court of Appeals for the Eleventh Circuit

NOTICE OF REMOVAL from Sixth Judicial Circuit in and for Pinellas County, Florida, with state court record attached, by Liberty National Lif (Court case no.: 95−3651−CI−19) Filed in State Court on 06/22/95. (mrh) (Entered: 08/14/1995)

COMPLAINT filed (mrh) (Entered: 08/14/1995)

FILING FEE PAID. Filing Fee $ 120.00 Receipt # 34102 (mrh) (Entered: 01/03/1996)

ANSWER &AFFIRMATIVE DEFENSES to Complaint by Liberty National Lif (mrh) (Entered: 08/14/1995)

NOTICE to counsel of removal of Case No. 95−3651−CI−95 from the Sixth Judicial Circuit in and for Pinellas County, FL. (mrh) (Entered: 08/14/1995)

ORDERED that this case is deemed removed. ( Signed by Judge Elizabeth A. Kovachevich ) ctc (mrh) (Entered: 08/15/1995)

ORDER OF PROCEDURE ( Signed by Judge Elizabeth A. Kovachevich ) ctc (mrh) (Entered: 08/15/1995)

NOTICE of designation under Local Rule 3.05 − TRACK 3 w/forms. (ctc) (mrh) (Entered: 08/17/1995)

APPLICATION of Non−Resident Counsel and Designation of Local Counsel as to Liberty National Lif. Local Counsel: Peter W. Zinober. Non−Resident Counsel: Margaret H. Campbell. (mrh) (Entered: 08/22/1995)

MOTION by David Hipp, Harry W. McKown, Brad Stein with memorandum in support to amend [2−1] complaint . Copy of proposed amended complaint attached. (mrh) (Entered: 10/03/1995)

CERTIFICATE OF COMPLIANCE by David Hipp, Harry W. McKown, Brad Stein with [9−1] motion to amend [2−1] complaint (mrh) (Entered: 10/03/1995)

ORDER Directing Counsel to Confer and Report. Preliminary Pretrial Hearing set for 10:00 11/21/95. Response to court's standard interrogatories due 11/1/95 for plaintiff(s) and 11/11/95 for defendant(s). Scheduled for Judge Elizabeth A. Kovachevich (Entered/clm) ctc (mrh) (Entered: 10/04/1995)

DEMAND for jury trial by David Hipp, Harry W. McKown, Brad Stein, Mike Stell (aa) (Entered: 10/05/1995)

AMENDED COMPLAINT by David Hipp, Harry W. McKown, Brad Stein, Mike Stell amending [2−1] complaint. (Answer due 10/16/95 for Liberty National Life) (aa) (Entered: 10/05/1995)

ENDORSED ORDER granting [9−1] motion to amend [2−1] complaint ( Signed by Judge Elizabeth A. Kovachevich ) ctc (aa) (Entered: 10/05/1995)

ANSWER &AFFIRMATIVE DEFENSES to Amended Complaint by Liberty National Lif (mrh) (Entered: 10/24/1995)

STIPULATION for protective order by plaintiff David Hipp, plaintiff Harry W. McKown, plaintiff Brad Stein and defendant Liberty National Lif, plaintiff Mike Stell . (rad) (Entered: 10/24/1995)

CASE MANAGEMENT REPORT. (rad) (Entered: 10/24/1995)

RESPONSE to Court's Standard Interrogatories filed by David Hipp, Harry W. McKown, Brad Stein, Mike (mrh) Modified on 01/03/1996 (Entered: 11/03/1995)

ORDER directing the return of discovery materials. ( Signed by Magistrate Judge Mark A. Pizzo ) (ctc) (mrh) (Entered: 11/06/1995)

AMENDED ANSWER &AFFIRMATIVE DEFENSES to [12−1] Amended Complaint by Liberty National Lif : amends [13−1] answer (mrh) (Entered: 11/14/1995)

COUNTERCLAIM by Liberty Nat'l Life against David Hipp, Harry W. McKown, Brad Stein, Mike Stell (mrh) (Entered: 12/06/1995)

RESPONSE to Court's Standard Interrogatories filed by Liberty Nat'l Life (mrh) (Entered: 01/03/1996)

CERTIFICATE OF SERVICE of [16−1] interrogatory(s) by Liberty National Lif (mrh) (Entered: 11/14/1995)

MOTION by David Hipp, Harry W. McKown, Brad Stein for leave to distribute notice of opt−in class action and to approve proposed notice (mrh) (Entered: 11/16/1995)

MEMORANDUM by David Hipp, Harry W. McKown, Brad Stein in support of [20−1] motion for leave to distribute notice of opt−in class action and to approve proposed notice with Exhibits 1−5. (mrh) (Entered: 11/16/1995)

MINUTE ENTRY: Rule 16 Prelimiary Pretrial held on 11/21/95 before Judge Elizabeth A. Kovachevich Court Reporter: Kay Sandford/Frecka &Assoc. (mrh) (Entered: 11/21/1995)

CASE MANAGEMENT &SCHEDULING ORDER: counsel to communicate monthly; setting Discovery cutoff 8/6/96; Deadline for filing of dispositive motions 10/1/96 with court endeavoring to rule by 2/28/97; pretrial conference to be scheduled before magistrate judge by separate order, on 20 days notice, with court endeavoring to set between 2/28/97 and 3/10/97, and parties shall be prepared for trial immediately after pretrial, with 20 dyas notice; parties to notify court of the name of designated mediator 60 days ahead of time, an order of referral to mediation will follow; plaintiff will file their motions to dismiss the counterclaim by the end of 1/96. ( signed by Judge Elizabeth A. Kovachevich ) ctc (mrh) (Entered: 11/22/1995)

ORDER directing the return of discovery materials. ( Signed by Magistrate Judge Mark A. Pizzo ) (ctc) (mrh) (Entered: 12/05/1995)

ANSWER &AFFIRMATIVE DEFENSES by David Hipp, Harry W. McKown, Brad Stein, Mike Stell to [18−1] counter claim (mrh) Modified on 12/06/1995 (Entered: 12/06/1995)

COUNTERCLAIM by David Hipp, Harry W. McKown, Brad Stein, Mike Stell against Liberty Nat'l Life (mrh) Modified on 12/06/1995 (Entered: 12/06/1995)

MEMORANDUM by Liberty Nat'l Life in opposition to [20−1] motion for leave to distribute notice of opt−in class and to approve proposed notice with attached exhibits. (mrh) Modified on 12/12/1995 (Entered: 12/11/1995)

MOTION by David Hipp, Harry W. McKown, Brad Stein for leave to file reply memorandum to defendants' memorandum in opposition . Should the motion be granted, plaintiffs request an extension of time until 12/29/95 to file the reply. (mrh) (Entered: 12/21/1995)

ANSWER AND AFFIRMATIVE DEFENSES by Liberty Nat'l Life to [25−1] counter claim (mrh) (Entered: 12/27/1995)

ENDORSED ORDER granting [27−1] motion for leave to file reply memorandum to defendants' memorandum in opposition, Reply to Response to Motion reset to 12/29/95 for [20−1] motion for leave to distribute notice of opt−in class action and to approve proposed notice ( Signed by Judge Elizabeth A. Kovachevich ) ctc (rad) (Entered: 12/26/1995)

REPLY MEMORANDUM by David Hipp, Harry W. McKown, Brad Stein, Mike Stell to opposition response to [20−1] motion for leave to distribute notice of opt−in class action and to approve proposed notice (mrh) (Entered: 01/03/1996)

ORDER directing the return of discovery materials. ( Signed by Magistrate Judge Mark A. Pizzo ) (ctc) (mrh) Modified on 01/23/1996 (Entered: 01/19/1996)

ORDER granting [20−1] motion for leave to distribute notice of opt−in class action and to approve proposed notice, and the class be defined as follows: All persons who are, or were, employed by Liberty National Life Insuance Company on or after 8/25/93, who are, or were, managerial employees, district managers or above, residing in the United States, who were over 40 years of age. Defendants shall furnish to counsel for plaintiffs all discovery necessary to identify class members and their home addresses within 20 days of the date of this order, discovery due for 2/27/96 . The proposed notice may be sent to parties similarly situated. Any other communication between plaintiffs or their counsel and sought after parties is prohibited. Parties chosing to opt−in must file their written consent within 120 days. Although the proposed notice has been authorized by this court, the court has taken no position on the merits of this case. ( Signed by Judge Elizabeth A. Kovachevich ) ctc (mrh) (Entered: 02/06/1996)

ORDER directing the return of discovery materials. ( Signed by Magistrate Judge Mark A. Pizzo ) (ctc) (mrh) (Entered: 02/23/1996)

STIPULATION extending time through 3/18/96 to respond to discovery by defendant Liberty Nat'l Life, plaintiff David Hipp, plaintiff Harry W. McKown Jr., plaintiff Brad Stein, plaintiff Mike Stell. (mrh) (Entered: 03/04/1996)

NOTICE of consent to join as a party plaintiff by David Donald Whitman, 9878 Wyncrest Circle, Montgomery, AL 36117; signed 3/5/96. (mrh) (Entered: 03/11/1996)

NOTICE of consent to join as a party plaintiff by Billy Floyd Bush, 2799 Lee Road, 330, Smiths, Alabama 36877; signed 2/8/96. (mrh) (Entered: 03/18/1996)

NOTICE of consent to join as a party plaintiff by Lloyd Ray Bush, Jr., 3901 Morris Drive, Anniston, Alabama 36207; signed 3/10/96. (mrh) (Entered: 03/18/1996)

NOTICE of consent to join as a party plaintiff by George M. Andrews, 488 Glenwood Road, Alexander City, Alabama 35010; signed 3/18/96. (mrh) (Entered: 03/21/1996)

NOTICE of consent to join as a party plaintiff by Kenneth Blake Tuggle, Sr., 21 Twin Mary Drive, Tullahoma, Tennessee 37388; signed 3/18/96. (mrh) (Entered: 03/21/1996)

NOTICE of consent to join as a party plaintiff by Millard Hasting, 7757 Maida Vale Circle, Powell, Tennessee 37849; singed 3/18/96. (mrh) (Entered: 03/22/1996)

NOTICE of consent to join as a party plaintiff by James W. Lee, 5222 Northwood Lake Drive, East, Northport, Alabama 35476; signed 3/18/96. (mrh) (Entered: 03/25/1996)

NOTICE of consent to join as a party plaintiff by Harold W. Young, P.O. Box 93, Andalusia, Alabama 36420; signed 3/16/96. (mrh) (Entered: 03/25/1996)

NOTICE of attorney appearance for Billy Floyd Bush, Lloyd Ray Bush Jr. by Ross Mathew Goodman, Troy Alan Rafferty (mrh) (Entered: 03/26/1996)

NOTICE of consent to join as a party plaintiff by Peter Swanson, 2690 Gramercy Drive, Deltona, Florida 32738; signed 3/27/96. (mrh) (Entered: 04/02/1996)

NOTICE of attorney appearance for Harold W. Young by Ross Mathew Goodman, Troy Alan Rafferty (mrh) (Entered: 04/02/1996)

NOTICE of consent to join as a party plaintiff by Dwayne E. Sentell, 3737 Sussex Drive, Milledgeville, Georgia 31061; signed 4/12/96. (mrh) (Entered: 04/25/1996)

NOTICE of consent to join as a party plaintiff by Harold Dee Carter, 8068 County Road 289, Lanett, Alabama 36863; signed 4/24/96. (mrh) (Entered: 04/29/1996)

NOTICE of consent to join as a party plaintiff by James Brent Peek, 1416 Byron Road, Scottsboro, Alabama 35768; signed 5/5/96. (mrh) (Entered: 05/13/1996)

NOTICE of consent to join as a party plaintiff by Ernest Larry Barnes, 714 East 44th Street, Tifton, Georgia 31794 and P.O. Box 2227, Tifton, Georgia 31793−2227; signed 5/5/96. (mrh) (Entered: 05/13/1996)

NOTICE of consent to join as a party plaintiff by Forrest S. Ayers, 155 Austin Drive, Athens, Georgia 30606; signed 5/8/96 (mrh) (Entered: 05/17/1996)

NOTICE of consent to join as a party plaintiff by Bobby G. Hastings, 1508 Fulton Street, Albertville, Alabama 35950; signed 5/25/96. (mrh) (Entered: 05/29/1996)

NOTICE of consent to join as a party plaintiff by James Donald Ganus, 110 Shannon Hill, Greenville, Alabama 36037; signed 5/30/96. (mrh) (Entered: 06/04/1996)

NOTICE of consent to join as a party plaintiff by Ted A. Fralish, 158 Robin Lane, Bainbridge, Georgia 31717; signed 5/30/96. (mrh) (Entered: 06/04/1996)

NOTICE of attorney appearance for Forrest S. Ayers, Clyde N. Coris, James Donald Ganus, Millard Hasting, James W. Lee, Peter Swanson by Ross M. Goodman, Troy Alan Rafferty (mrh) (Entered: 06/04/1996)

NOTICE of attorney appearance for David Donald Whitman by Troy Alan Rafferty (mrh) (Entered: 06/04/1996)

NOTICE of consent to join as a party plaintiff by Harold A. Webster, III, Route 1, Box 1478, Townsend, Georgia 31331; signed 5/29/96. (mrh) (Entered: 06/04/1996)

NOTICE of consent to join as a party plaintiff by Jerry F. Dowling, 2301 MIsty Ridge Circle, Birmingham, Alabama 35226; signed 6/2/96. (mrh) (Entered: 06/04/1996)

NOTICE to join as a party plaintiff by John D. McGrady, 524 Nalrie Circle, Sylacauga, Alabama 35150; signed 6/3/96. (mrh) (Entered: 06/06/1996)

NOTICE to join as a party plaintiff by Carl Anthony Agee, 39 Kay Lane, Roanoke, Alabama, 36274; signed 6/3/96. (mrh) Modified on 06/07/1996 (Entered: 06/07/1996)

NOTICE of consent to join as a party plaintiff by Michael I. Shaddix, 76 Debbie Drive, Scottsboro, Alabama 35768; signed 6/3/96. (mrh) Modified on 06/07/1996 (Entered: 06/07/1996)

NOTICE of consent to join as a party plantiff by Ralph Vernon Ray, Jr., 545 Morton Road, Athens, Georgia 30605; signed 6/4/96. (mrh) Modified on 06/07/1996 (Entered: 06/07/1996)

NOTICE of consent to join as a party plaintiff by Horace F. Baldree, 912 East 36th Street, Tifton, Georgia 31794; signed 5/31/96. (mrh) (Entered: 06/07/1996)

NOTICE of consent to join as a party plaintiff by Ricky D. Sormrude, Route 2, Box 57, Samson, Alabama 36477; signed 6/3/96. (mrh) (Entered: 06/07/1996)

ORDER directing the return of discovery materials. ( Signed by Magistrate Judge Mark A. Pizzo ) (ctc) (mrh) (Entered: 06/07/1996)

NOTICE of consent to join as a party plaintiff by John W. Beck, 3886 Cherokee Ford, Gainesville, Georgia 30506; signed 6/3/96. (mrh) (Entered: 06/10/1996)

MOTION by David Hipp, Harry W. McKown Jr., Brad Stein, and other plaintiffs for leave to take additional depositions and to extend time for discovery cutoff date (mrh) Modified on 07/02/1996 (Entered: 07/02/1996)

MEMORANDUM by David Hipp, Harry W. McKown Jr., Brad Stein and other plaintiffs in support of [66−1] motion for leave to take additional depositions, [66−2] motion to extend time for discovery cutoff date (mrh) (Entered: 07/02/1996)

CERTIFICATE OF COMPLIANCE by David Hipp pursuant to Rule 3.01(g) in re: to [66−1] motion for leave to take additional depositions, [66−2] motion to extend time for discovery cutoff date (mrh) (Entered: 07/02/1996)

Motion(s) referred: [66−1] motion for leave to take additional depositions referred to Magistrate Judge Mark A. Pizzo, [66−2] motion to extend time for discovery cutoff date referred to Magistrate Judge Mark A. Pizzo (mrh) (Entered: 07/03/1996)

NOTICE of attorney appearance for Carl Anthony Agee, Dwayne E. Sentell, Harold Dee Carter, James Brent Peek, Ernest Larry Barnes, Bobby G. Hastings, James Donald Ganus, Ted A. Fralish by Ross Mathew Goodman, Troy Alan Rafferty (mrh) (Entered: 07/16/1996)

Letter MOTION by Ricky D. Sormrude to withdraw as a plaintiff in this action (mrh) (Entered: 07/18/1996)

RESPONSE by Liberty Nat'l Life to [66−1] motion for leave to take additional depositions, [66−2] motion to extend time for discovery cutoff date (mrh) (Entered: 07/19/1996)

ENDORSED ORDER granting [70−1] motion to withdraw as a plaintiff in this action ( Signed by Judge Elizabeth A. Kovachevich ) ctc (mrh) (Entered: 07/22/1996)

MOTION by David Hipp, Harry W. McKown Jr., Brad Stein, and all plaintiffs with memorandum in support to extend time until 8/15/96 to respond to pending discovery referred to Magistrate Judge Mark A. Pizzo (mrh) (Entered: 07/26/1996)

CERTIFICATE OF COMPLIANCE of conference with opposing counsel by counsel for David Hipp, Harry W. McKown Jr., Brad Stein, and all plaintiffs with [72−1] motion to extend time until 8/15/96 to respond to pending discovery (mrh) (Entered: 07/26/1996)

ORDER granting [66−2] motion to extend time for discovery cutoff date, granting [66−1] motion for leave to take additional depositions. Each side shall be permitted to take 10 additional depositions in this case; the discovery deadline shall be extended to 11/6/96. None of the other deadlines previously set in this case shall be affected by this extension, reset discovery due for 11/6/96 Signed by Magistrate Judge Mark A. Pizzo ) ctc (mrh) (Entered: 07/29/1996)

STIPULATION extending time through 8/15/96 to respond to discovery by plaintiff David Hipp, Harry W. McKown Jr., Brad Stein, and all plaintiffs and defendant Liberty Nat'l Life. (mrh) (Entered: 08/02/1996)

ORDER granting [72−1] motion to extend time until 8/15/96 to respond to pending discovery ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (mrh) (Entered: 08/05/1996)

ENDORSED ORDER granting [75−1] stipulation extending time through 8/15/96 to respond to discovery ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (mrh) (Entered: 08/07/1996)

JOINT MOTION by David Hipp, Harry W. McKown Jr., Brad Stein and all plaintiffs to extend time discovery deadline until 8/23/96 referred Magistrate Judge Mark A. Pizzo (mrh) (Entered: 08/14/1996)

ENDORSED ORDER denying [77−1] joint motion to extend time discovery deadline until 8/23/96 ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (mrh) (Entered: 08/26/1996)

NOTICE of attorney appearance for Jerry F. Dowling, Gerald W. Killough by Ross Mathew Goodman, Troy Alan Rafferty (rjc) (Entered: 09/04/1996)

ORDER directing the return of discovery materials. ( Signed by Magistrate Judge Mark A. Pizzo ) (ctc) (rad) (Entered: 09/09/1996)

NOTICE of attorney appearance for Horace F. Baldree, George M. Andrews, Kenneth Blake Tuggle Sr. by Ross Mathew Goodman, Troy Alan Rafferty (mrh) (Entered: 10/15/1996)

ORDER directing the return of discovery materials to counsel for plaintiffs. ( Signed by Magistrate Judge Mark A. Pizzo ) (ctc) (mrh) (Entered: 10/21/1996)

NOTICE of withdrawal as plaintiff by Michael I. Shaddix (mrh) (Entered: 10/28/1996)

MOTION by Gerald W. Killough to include Wayne Killough as opt−in plaintiff in this class action (mrh) (Entered: 10/31/1996)

MEMORANDUM by Gerald W. Killough in support of [84−1] motion to include Wayne Killough as opt−in plaintiff in this class action (mrh) (Entered: 10/31/1996)

MOTION by David Hipp, Harry W. McKown Jr., Brad Stein with memorandum in support to extend time of discovery cut−off date (mrh) (Entered: 10/31/1996)

SUGGESTION of death of opt−in plaintiff, Ted A. Fralish, by counsel for opt−in plaintiff, Ted A. Fralish (mrh) (Entered: 10/31/1996)

MOTION by counsel for Ted A. Fralish, deceased, with memorandum in support to substitute party, Estate of Ted Fralish, Mrs. Sybil Fralish, in her representative capacity, for Ted Fralish as an opt−in plaintiff. (mrh) (Entered: 10/31/1996)

ORDER granting [86−1] motion to extend time of discovery cut−off date ( Signed by Judge Elizabeth A. Kovachevich ) ctc (kit) (Entered: 11/01/1996)

ORDER granting [88−1] motion to substitute party, Estate of Ted Fralish, Mrs. Sybil Fralish, in her representative capacity, for Ted Fralish; Terminated plaintiff Ted A. Fralish. Added plaintiff Sybil Fralish. ( Signed by Judge Elizabeth A. Kovachevich ) ctc (kit) (Entered: 11/01/1996)

MOTION by David Hipp, Harry W. McKown Jr., Brad Stein with memorandum in support to extend time for discovery period referred to Magistrate Judge Mark A. Pizzo (mrh) (Entered: 11/04/1996)