Mcphillips v. Nationwide Life Insurance Company
Court Docket Sheet

Middle District of Alabama

2:2011-cv-00634 (almd)

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1
08/08/2011
NOTICE OF REMOVAL by Nationwide Life Insurance Company from Circuit Court of Montgomery County, Alabama, case number CV-11-900785. (Filing fee $ 350.00 receipt number 4602019474)
1
Exhibit A - State Court Record
2
Exhibit B
3
Exhibit C - Notice to State Court
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Receipt
4 Attachments
08/08/2011
COMPLAINT against Nationwide Life Insurance Company, filed by Julian McPhillips. (No PDF Attached-See Docket Entry 1) (Text entry; no document attached.)
08/08/2011
NOTICE of Filing to State Court by Nationwide Life Insurance Company re: filing of 1 Notice of Removal. (No PDF Attached-See Docket Entry 1) (Text entry; no document attached.)
2
08/08/2011
MOTION to Quash Service by Nationwide Life Insurance Company.
1
Exhibit A
1 Attachment
3
08/08/2011
Corporate/Conflict Disclosure Statement by Nationwide Life Insurance Company.
08/10/2011
NOTICE of Assignment to Magistrate Judge mailed to counsel for Nationwide Life Insurance Company. (No PDF Attached) (Text entry; no document attached.)
08/10/2011
NOTICE of Assignment to Magistrate Judge mailed to counsel for Julian McPhillips. (No PDF Attached) (Text entry; no document attached.)
4
08/22/2011
Case reassigned to Honorable Judge Myron H. Thompson and Honorable Judge Terry F. Moorer. Honorable Judge Terry F. Moorer no longer assigned to the case as presiding judge.
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08/24/2011
ORDER directing that the 2 MOTION to Quash be set for Submission, without oral argument, on 9/5/2011, with all briefs due by said date. Signed by Honorable Judge Myron H. Thompson on 8/24/11.
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08/24/2011
ORDER directing that the Rule 26(f) report containing the discovery plan be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 9/5/2011. Signed by Honorable Judge Myron H. Thompson on 8/24/11.
7
08/24/2011
ORDER, JUDGMENT and DECREE of the court that the removing party has until 9/5/2011, to amend the notice of removal to allege jurisdiction sufficiently, otherwise this lawsuit shall be remanded to state court. Signed by Honorable Judge Myron H. Thompson on 8/24/11.
8
08/29/2011
NOTICE by Nationwide Life Insurance Company re 1 Notice of Removal, AMENDED Notice of Removal
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
9
09/02/2011
REPORT of Rule 26(f) Planning Meeting.
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09/06/2011
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 8/16/2012 before Honorable Judge Myron H. Thompson; Non-Jury Trial set for 9/17/2012 before Honorable Judge Myron H. Thompson; Dispositive Motions due by 5/18/2012; Mediation Notice due by 6/13/2012; Amended Pleadings for plf due by 11/15/2011, and for dft due by 12/15/2011; Discovery due by 6/1/2012, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/6/2011. (furn: Calendar, ag)
11
09/07/2011
Summons Issued as to Nationwide Life Insurance Company; mailed CMRRR with copy of State Court Complaint and Notice of Removal.
12
09/07/2011
(Motion to Amend Complaint) AMENDED COMPLAINT against All Defendants, filed by Julian McPhillips. (Main Document 12 replaced on 9/8/2011 to attach a corrected PDF document to include a certificate of service for the motion). Modified on 9/8/2011 to correct the docket text to reflect that this entry is actually a motion to amend and not an amended complaint.
13
09/07/2011
First MOTION to Quash Service by Julian McPhillips.
14
09/07/2011
First MOTION to Remand by Julian McPhillips.
09/07/2011
MOTION to Amend Complaint by Julian McPhillips. (No PDF Attached-See Docket Entry 12 Which Was Incorrectly E-Filed As An Amended Complaint) (Text entry; no document attached.)
09/07/2011
RESPONSE to Motion re 2 MOTION to Quash Service filed by Julian McPhillips. (No PDF Attached-See Docket Entry 13 Which Was Incorrectly E-Filed As A Motion To Quash) (Text entry; no document attached.)
15
09/08/2011
Corporate/Conflict Disclosure Statement by Julian McPhillips.
16
09/08/2011
NOTICE of Correction re 12 Motion to Amend Complaint, to attach a corrected PDF document to include a certificate of service for the motion.
1
Correct Main PDF Document to Docket Entry
12
https://ecf.almd.uscourts.gov/doc1/01711713201" onClick="goDLS{{'/doc1/01711713201','46119','51','','2','1','',''}};">12</a>)
2 Attachments
09/08/2011
Set Hearings: Telephone Conference re 13 Motion to Quash set for 9/9/2011 02:00 PM by telephone before Honorable Judge Myron H. Thompson. (Text entry; no document attached.)
17
09/09/2011
Return Receipt Card showing service of Summons, 1 Notice of Removal, and Complaint signed by Alabama Dept of Insurance Accounting Division for Nationwide Life Insurance Company served on 9/8/2011, answer due 9/29/2011.
18
09/09/2011
Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 9/9/2011 (PDF available for court use only). (Court Reporter Mitchell Reisner.)
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09/15/2011
ORDERED that the 14 Motion to Remand is set for submission, without oral argument, on 9/26/2011, with all briefs due by said date. Signed by Honorable Judge Myron H. Thompson on 9/15/2011.
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09/15/2011
ORDERED that the 12 Motion to Amend is set for submission, without oral argument, on 9/26/2011, with all briefs due by said date. Signed by Honorable Judge Myron H. Thompson on 9/15/2011.
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09/15/2011
ORDER denying 2 Motion to Quash Service. Signed by Honorable Judge Myron H. Thompson on 9/15/2011.
22
09/26/2011
BRIEF/MEMORANDUM in Support re 14 MOTION to Remand filed by Julian McPhillips. Modified on 9/27/2011 to add link to the 14 Motion.
23
09/26/2011
BRIEF/MEMORANDUM in Opposition re 14 MOTION to Remand filed by Nationwide Life Insurance Company. Modified on 9/27/2011 to add link to the 14 Motion.
24
09/26/2011
RESPONSE in Opposition re 12 MOTION to Amend/Correct Complaint filed by Nationwide Life Insurance Company. Modified on 9/27/2011 to correct the docket text by adding the link.
25
09/29/2011
ANSWER to Complaint with Jury Demand (Plaintiff's 6/29/11 Complaint) by Nationwide Life Insurance Company. (Main Document 25 replaced on 9/30/2011 to correct the main PDF document to include the jury demand) (qc/djy,).
26
09/30/2011
NOTICE of Correction re 25 Answer to Complaint to correct the main PDF document to include the jury demand
1
Corrected main document to Docket Entry
25
https://ecf.almd.uscourts.gov/doc1/01711727560" onClick="goDLS{{'/doc1/01711727560','46119','100','','2','1','',''}};">25</a>)
2 Attachments
27
10/20/2011
OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that plf Julian McPhillips's 14 Motion to Remand is granted and that, pursuant to 28 USC § 1447(c), this case is remanded to the Circuit Court of Montgomery County, Alabama for want of jurisdiction; further ORDERED that all other pending motions are left for resolution by the state court after remand; DIRECTING the clerk to take appropriate steps to effect the remand. Signed by Honorable Judge Myron H. Thompson on 10/20/2011.

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