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BHARWANI et al v. LINCOLN NATIONAL CORP. et al
Cause: 28:1332 Diversity-Insurance Contract
Jury Demand: Plaintiff
Nature of Suit: 110
Contract: Insurance
Jurisdiction: Diversity
Date Filed 12/23/2016 12/23/2016 12/23/2016 12/23/2016 01/04/2017 01/04/2017 01/10/2017 01/10/2017 01/19/2017 01/19/2017 01/19/2017 01/26/2017 01/26/2017 01/26/2017 01/26/2017 01/26/2017 01/26/2017 02/09/2017 02/10/2017 02/22/2017 03/07/2017 03/07/2017 03/07/2017 03/08/2017 03/08/2017 03/09/2017 03/09/2017 03/09/2017 03/09/2017 03/09/2017 03/09/2017 03/13/2017 03/13/2017 03/20/2017 03/20/2017 04/19/2017 04/21/2017 04/25/2017 04/25/2017 04/25/2017 04/25/2017 05/02/2017 05/03/2017 05/05/2017 05/05/2017 05/05/2017 05/12/2017 05/18/2017 06/08/2017 06/08/2017 07/17/2017 07/17/2017 07/21/2017 07/28/2017 08/09/2017 08/14/2017 08/17/2017 08/23/2017 08/24/2017 09/11/2017 09/11/2017 09/25/2017 09/25/2017 10/06/2017 10/10/2017 10/12/2017 10/12/2017 10/25/2017 10/26/2017 10/27/2017 11/08/2017 11/15/2017 11/15/2017 11/20/2017 11/20/2017 11/29/2017 12/05/2017 12/06/2017 12/22/2017 02/01/2018 02/01/2018 02/01/2018 02/02/2018 02/08/2018 02/12/2018 02/15/2018 02/15/2018 02/20/2018 02/20/2018 02/27/2018 02/28/2018 03/06/2018 03/08/2018 03/08/2018 03/08/2018 05/01/2018 05/02/2018 06/29/2018 07/13/2018 07/26/2018 09/14/2018 10/01/2018 10/05/2018 10/05/2018 01/04/2019 01/15/2019 01/23/2019 01/31/2019 02/04/2019 03/13/2019 03/28/2019 04/11/2019 04/11/2019 05/21/2019 05/21/2019 05/21/2019 05/21/2019 05/21/2019 05/21/2019 05/22/2019 05/22/2019 05/22/2019 05/23/2019 05/23/2019 05/23/2019 05/23/2019 05/23/2019 05/23/2019 06/21/2019 06/21/2019 06/25/2019 06/25/2019 06/25/2019 06/25/2019 06/25/2019 06/25/2019 06/26/2019 06/26/2019 06/26/2019 06/26/2019 06/26/2019 07/03/2019 07/08/2019
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(Entered: 12/23/2016) (Court only) Set Flag Special Case Management Track (jwl, ) (Entered: 12/23/2016) Praecipe to Issue Summons to Defendants by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY. (GOLAN, JEFFREY) (Entered: 01/04/2017) (2) Summons Issued as to LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. Given To: counsel on 1/4/17. (kw, ) (Entered: 01/04/2017) AFFIDAVIT of Service by Dwayne Hennksson; Lynn Scrogham re: served Class Action Complaint upon Defendants by Hand Delivery on January 6, 2017, answer due 1/27/2017. (Attachments: # 1 Exhibit A - Affidavit of Service (PA) - Dwayne Hennksson, # 2 Exhibit B - Affidavit of Service (IN) - Lynn Scrogham)(GOLAN, JEFFREY) Modified on 1/11/2017 (tjd). (Entered: 01/10/2017) (Court only) ***Update Answer Deadline (tjd) (Entered: 01/11/2017) MOTION to Consolidate Cases and Appointment of Plaintiffs' Interim Class Counsel filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY.. (Attachments: # 1 Exhibit A - Barrack, Rodos & Bacine Biography, # 2 Exhibit B - Bonnet Fairbourn Friedman & Balint, PC Biography, # 3 Exhibit C - Kozyak Tropin Throckmorton Biography, # 4 Text of Proposed Order [Proposed] Order)(GOLAN, JEFFREY) (Entered: 01/19/2017) Memorandum in Support re 4 MOTION to Consolidate Cases and Appointment of Plaintiffs' Interim Class Counsel filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY. (GOLAN, JEFFREY) (Entered: 01/19/2017) CERTIFICATE OF SERVICE by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY re 5 Memorandum, 4 MOTION to Consolidate Cases and Appointment of Plaintiffs' Interim Class Counsel (GOLAN, JEFFREY)
(Entered: 01/19/2017) Amended MOTION for Consolidation of Related Actions and Withdrawal, Without Prejudice, of Motion For Appointment of Plaintiffs' Interim Class Counsel filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY. Certificate of Service. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(GOLAN, JEFFREY) Modified on 1/27/2017 (tjd). (Entered: 01/26/2017) NOTICE of Appearance by ROBERT C. FOLLAND on behalf of LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY with Certificate of Service(FOLLAND, ROBERT) (Entered: 01/26/2017) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by LINCOLN NATIONAL CORP..(FOLLAND, ROBERT) (Entered: 01/26/2017) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by LINCOLN NATIONAL LIFE INSURANCE COMPANY.(FOLLAND, ROBERT) (Entered: 01/26/2017) STIPULATION re 1 Complaint, Joint Stipulation and Extension of Time by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (FOLLAND, ROBERT) (Entered: 01/26/2017) STIPULATION AND ORDER THAT THE TIME FOR DEFTS TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED THROUGH AND INCLUDING 3/27/2017. SIGNED BY HONORABLE GERALD J. PAPPERT ON 1/26/17. 1/26/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 01/26/2017) STIPULATION re 7
MOTION to Amend/Correct 4 MOTION to Consolidate Cases and Appointment of Plaintiffs' Interim Class Counsel Extending Time to Respond by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. **(FILED IN ERROR BY ATTY, COPY FORWARDED TO JUDGE FOR APPROVAL)**(FOLLAND, ROBERT) Modified on 2/10/2017 (tjd). (Entered: 02/09/2017) STIPULATION AND ORDER THAT THE TIME FOR DEFTS TO RESPOND TO THE AMENDED MOTION TO CONSOLIDATE IS EXTENDED THROUGH & INCLUDING 2/22/2017. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/10/17. 2/10/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 02/10/2017) RESPONSE to Motion re 7 MOTION to Amend/Correct 4 MOTION to Consolidate Cases and Appointment of Plaintiffs' Interim Class Counsel Defendants' Response to Plaintiffs' Motion for Consolidation filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.
(FOLLAND, ROBERT) (Entered: 02/22/2017) MOTION to Appoint Counsel and Creation of a Plaintiffs' Steering Committee filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(GOLAN, JEFFREY) (Entered: 03/07/2017) Memorandum re 16 MOTION to Appoint Counsel and Creation of a Plaintiffs' Steering Committee filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY. (GOLAN, JEFFREY) (Entered: 03/07/2017) CERTIFICATE OF SERVICE by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY re 16 MOTION to Appoint Counsel and Creation of a Plaintiffs' Steering Committee, 17 Memorandum in Support of Plaintiffs' Motion (GOLAN, JEFFREY) (Entered: 03/07/2017) MOTION for Pro Hac Vice filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Affidavit. (Attachments: # 1 Affidavit)(FOLLAND, ROBERT) (Filing Fee paid on 3/13/17) Modified on 3/13/2017 (kw, ). (Entered: 03/08/2017) MOTION for Pro Hac Vice filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Affidavit. (Attachments: # 1 Affidavit)(FOLLAND, ROBERT) (Filing Fee paid on 3/13/17) Modified on 3/13/2017 (kw, ). (Entered: 03/08/2017) MOTION for Pro Hac Vice filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Affidavit. (Attachments: # 1 Affidavit)(FOLLAND, ROBERT) (Filing Fee paid on 3/13/17) Modified on 3/13/2017 (kw, ). (Entered: 03/09/2017) MOTION for Pro Hac Vice of Andrew S. Friedman ( Filing fee $ 40 receipt number 0313-11921137.) filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY.Declaration, Certificate of Service. (Attachments: # 1 Declaration of Andrew S. Friedman, # 2 Text of Proposed Order) (GOLAN, JEFFREY)
(Entered: 03/09/2017) ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF STACEY J. RAPPAPORT, ESQ. IS GRANTED & THAT STACEY J. RAPPAPORT, ESQ. IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION, FOR THE PURPOSE OF APPEARING & REPRESENTING DEFTS LINCOLN NATIONAL CORPORATION AND THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, IN THIS LITIGATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/9/17.3/10/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 03/10/2017) ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF MICHAEL L. HIRSCHFELD, ESQ. IS GRANTED & THAT MICHAEL L. HIRSCHFELD, ESQ. IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION, FOR THE PURPOSE OF APPEARING & REPRESENTING DEFTS LINCOLN NATIONAL CORPORATION AND THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, IN THIS LITIGATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/9/17.3/10/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 03/10/2017) ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF AARON L. RENENGER, ESQ. IS GRANTED & THAT AARON L. RENENGER, ESQ. IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION, FOR THE PURPOSE OF APPEARING & REPRESENTING DEFTS LINCOLN NATIONAL CORPORATION AND THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, IN THIS LITIGATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/9/17.3/10/17 ENTERED AND COPIES MAILED AND E-MAILED.(kw, )
(Entered: 03/10/2017) ORDER THAT MOTION FOR ADMISSION PRO HAC VICE OF ANDREW S. FRIEDMAN, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS HEREBY GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/9/17.3/10/17 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 03/10/2017) APPLICATION/PETITION OF PLAINTIFFS BHARTI R. BHARWANI and ROBERT A. ZIRINSKY FOR ENTRY OF REVISED PROPOSED CONSOLIDATION AND APPOINTMENT ORDER by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY. (Attachments: # 1 Text of Proposed Order)(GOLAN, JEFFREY) (Entered: 03/13/2017) Statement of No Opposition re 27 Application/Petition, Defendants' Statement Of No Opposition To Entry Of Plaintiffs' [Revised Proposed] Order Consolidating Related Actions Pursuant To Rule 42(a)(2) And Appointing Plaintiffs' Interim Class Counsel Pursuant To Rule 23(g) by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (HIRSCHFELD, MICHAEL) Modified on 3/15/2017 (tjd).
(Entered: 03/13/2017) ORDER CONSOLIDATING RELATED ACTIONS FOR ALL PURPOSES PURSUANT TO F.R.C.P. 42(a)(2) AND APPOINTING PLAINTIFFS' INTERIM CLASS COUNSEL PURSUANT TO RULE 23(g). WITHIN 30 DAYS OF THIS ORDER, INTERIM CLASS COUNSEL SHALL FILE WITH THE COURT & SERVE ON DEFTS A CONSOLIDATED CLASS ACTION COMPLAINT FOR THE CONSOLIDATED ACTION, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/20/17. 3/20/17 ENTERED AND COPIES MAILED AND E-MAILED. (kw, ) (Entered: 03/20/2017) (Court only) ***Motions terminated: 4 MOTION to Consolidate Cases and Appointment of Plaintiffs' Interim Class Counsel filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY, 7 MOTION to Amend/Correct 4 MOTION to Consolidate Cases and Appointment of Plaintiffs' Interim Class Counsel filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY, 16 MOTION to Appoint Counsel and Creation of a Plaintiffs' Steering Committee filed by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY. (kw, ) (Entered: 03/20/2017) CONSOLIDATED CLASS ACTION COMPLAINT against LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY; jury demand, Certificate of Service, filed by PLFFS BHARTI R. BHARWANI, ROBERT A. ZIRINSKY.(kw, ) (Entered: 04/20/2017) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY. (Attachments: # 1 Certificate of Service)(GOLAN, JEFFREY)
(Entered: 04/21/2017) ORDER THAT THE CLERK IS DIRECTED TO CHANGE THE CAPTION OF THE ABOVE REFERENCED CASES TO IN RE: LINCOLN NATIONAL COI LITIGATION & KEEP THEIR CURRENT CASE NUMBERS. CASE NO. 16-6605 IS NOW THE LEAD CASE. THE CLERK OF COURT IS DIRECTED TO ADD ANY PARTY APPEARING IN THE ABOVE- REFERENCED FOUR CASES, AS WELL AS ANY ADDITIONAL CASE HEREINAFTER DESIGNATED BY THE COURT TO BE INCLUDED WITHIN THIS LEAD CASE, ETC. THE CLERK OF COURT IS DIRECTED TO ADD ALL COUNSEL TO THE LEAD CASE, WHO HAVE ENTERED A NOTICE OF APPEARANCE IN ANY OF THE ABOVE-REFERENCED FOUR CASES OR ANY ADDITIONAL CASE HEREINAFTER DESIGNATED BY THE COURT TO BE INCLUDED WITHIN THE LEAD CASE, ETC. THE CLERK OF COURT IS DIRECTED TO FILE & DOCKET EACH FILING ON ALL DOCKETS REFERENCED IN A DOCUMENT'S CAPTION.SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/25/17. 4/26/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 04/26/2017) (Court only) ***Party US LIFE 1 RENDITEFONDS GMBH & CO. KG and US LIFE 2 RENDITEFONDS GMBH & CO. KG added per order filed on 4/25/17. (kw, )
(Entered: 04/26/2017) (Court only) ***Party LOWELL RAUCH and CAROL ANNE RAUCH added per order filed on 4/25/17. (kw, ) (Entered: 04/26/2017) (Court only) ***Party BARRY MUKAMAL and MILGRIM INVESTMENTS, LP added. (kw, ) (Entered: 04/27/2017) Joint MOTION for Leave to File Excess Pages and Set Briefing Schedule filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. Joint Stipulation, Certificate of Unopposed Motion, Certificate of Service. (Attachments: # 1 Text of Proposed Order and Stipulation)(KATSIFF, TIMOTHY) Modified on 5/4/2017 (tjd). (Entered: 05/02/2017) NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR FRIDAY, MAY 5, 2017 AT 10:00 AM BEFORE THE HONORABLE GERALD J. PAPPERT.(kf, ) (Entered: 05/03/2017) Minute Entry for proceedings held before HONORABLE GERALD J. PAPPERT Telephone Conference held on 5/5/17 (jl, ) (Entered: 05/05/2017) ORDER THAT PARTIES' JOINT MOTION TO EXCEED PAGE LIMITS & SET BRIEFING SCHEDULE IS GRANTED. DEFTS SHALL FILE THEIR MOTION TO DISMISS, THE BRIEFING FOR WHICH SHALL NOT EXCEED 45 PAGES, ON OR BEFORE 6/8/2017. PLFFS SHALL FILE THEIR RESPONSE, NOT TO EXCEED 45 PAGES, ON OR BEFORE 7/28/2017, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/5/17. 5/5/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 05/05/2017) (Court only) ***Motions terminated: 33 Joint MOTION for Leave to File Excess Pages filed by LINCOLN NATIONAL LIFE INSURANCE COMPANY, LINCOLN NATIONAL CORP.. (kw, )
(Entered: 05/05/2017) ORDER THAT THE CLERK OF COURT IS DIRECTED TO DESIGNATE THIS CASE, CASE NO. 17-1094, AS PART OF THE CONSOLIDATED ACTION, IN RE: LINCOLN NATIONAL COI LITIGATION, CASE NO. 16- CV-6605, & TO CHANGE THE CAPTION OF THIS CASE TO IN RE: LINCOLN NATIONAL COI LITIGATION, AND KEEP THE CURRENT CASE NUMBER 17-1094; & ADD ANY PARTY APPEARING IN THIS CASE WITHIN THE CONSOLIDATED ACTION. THE CLERK OF COURT IS DIRECTED TO ADD ALL COUNSEL APPEARING IN THIS CASE TO BE INCLUDED WITHIN THE CONSOLIDATED ACTION, ETC. THE INITIAL COMPLAINT FILED IN THIS ACTION IS SUPERCEDED & WITHOUT FURTHER FORCE AND EFFECT. THE OPERATIVE COMPLAINT IN THIS ACTION IS THE CONSOLIDATED CLASS ACTION COMPLAINT FILED IN IN RE: LINCOLN NATIONAL COI LITIGATION, NO. 16-CV-06605. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/12/17. 5/12/17 ENTERED AND COPIES E-MAILED. (kw, ) (Entered: 05/12/2017) NOTICE by BHARTI R. BHARWANI, ROBERT A. ZIRINSKY re 30 Complaint NOTICE OF ERRATA (Attachments: # 1 Certificate of Service) (GOLAN, JEFFREY) (Entered: 05/18/2017)
NOTICE: WITH RESPECT TO THE MAY 18, 22 AND 23 LETTERS FROM COUNSEL, THE COURT WILL NOT HOLD A RULE 16 CONFERENCE UNTIL AFTER RESOLUTION OF THE DEFENDANTS' MOTION TO DISMISS. THE PARTIES NEED NOT CONDUCT THEIR RULE 26(f) CONFERENCE UNTIL THEN. (kf, ) (Entered: 06/08/2017) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Declaration of Stacey J. Rappaport, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12)(SCOTT, JOHN) (Entered: 06/08/2017) MOTION for Pro Hac Vice Admission for Francis J. Balint, Jr. ( Filing fee $ 40 receipt number 0313-12197716.) filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.Declaration, Certificate of Service. (Attachments: # 1 Declaration of Francis J. Balint, Jr., # 2 Text of Proposed Order)
(GOLAN, JEFFREY) (Entered: 07/17/2017) ORDER THAT MOTION FOR ADMISSION PRO HAC VICE OF FRANCIS J. BALINT JR., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS HEREBY GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/17/17.7/18/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 07/18/2017) NOTICE by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY Letter re consolidation of the actions (Attachments: # 1 Text of Proposed Order Proposed Order)(RAPPAPORT, STACEY) (Entered: 07/21/2017) RESPONSE in Opposition re 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (Attachments: # 1 Declaration of Jeffrey W. Golan in Support of Class Plaintiffs' Opposition to Defendants' Motion to Dismiss the Consolidated Class Action Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order, # 7 Certificate of Service) (GOLAN, JEFFREY)
(Entered: 07/28/2017) NOTICE by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY Letter re Oral Argument (RAPPAPORT, STACEY) (Entered: 08/09/2017) ORDER THAT AN ORAL ARGUMENT ON THE MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FILED BY LINCOLN NATIONAL CORP. & LINCOLN NATIONAL LIFE INSURANCE COMPANY (ECF NO. 40) HAS BEEN SCHEDULED FOR 8/22/2017 AT 2:00 P.M., BEFORE THE HONORABLE GERALD J. PAPPERT, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/14/17. 8/14/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 08/14/2017) REPLY to Response to Motion re 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: # 1 Certificate of Service, # 2 Affidavit of Stacey J. Rappaport, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16)(SCOTT, JOHN) (Entered: 08/17/2017) Minute Entry for proceedings held before HONORABLE GERALD J. PAPPERT Motion Hearing held on 8/22/17 (jaa, )
(Entered: 08/23/2017) Transcript of Oral Argument on Motion to Dismiss held on August 22, 2017 before Judge Gerald J. Pappert. Court Reporter: TK Transcribers. (mbh, ) (Entered: 08/24/2017) MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/11/17. 9/12/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 09/12/2017) ORDER THAT DEFTS' MOTION TO DISMISS (ECF NO. 40) IS GRANTED AS TO COUNTS FIVE, SEVEN, & ELEVEN. PLFFS MAY FILE AN AMENDED COMPLAINT WITH RESPECT TO COUNTS SEVEN & ELEVEN ON OR BEFORE 9/25/2017. DEFTS' MOTION TO DISMISS IS DENIED AS TO COUNTS ONE, TWO, THREE, SIX, EIGHT, NINE, & TEN. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/11/17. 9/12/17 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 09/12/2017) AMENDED COMPLAINT against LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY; jury demand, Certificate of Service, filed by PLFFS MILGRIM INVESTMENTS, LP, LOWELL RAUCH, ROBERT A. ZIRINSKY, US LIFE 2 RENDITEFONDS GMBH & CO. KG, BARRY MUKAMAL, JOEL STEPHEN AGEL, BHARTI R. BHARWANI, CAROL ANNE RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG.(kw, ) (Entered: 09/26/2017) (Court only) ***Deadlines terminated. (kw, ) (Entered: 09/26/2017) Joint Stipulation and Order for Extension of Time by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.**(FILED IN ERROR, COPY FORWARDED TO JUDGE FOR APPROVAL)** (RAPPAPORT, STACEY) Modified on 10/10/2017 (tjd).
(Entered: 10/06/2017) STIPULATION AND ORDER THAT DEFENDANTS' TIME TO FILE AN ANSWER IS EXTENDED SINE DIE AS OUTLINED HEREIN.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/10/2017. 10/10/2017 ENTERED AND COPIES E-MAILED.(kp, ) (Main Document 54 replaced on 10/12/2017) (kp, ). (Entered: 10/10/2017) NOTICE by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY of Withdrawal and Substitution of Counsel (FOLLAND, ROBERT) (Entered: 10/12/2017) (Court only) *** Attorney ROBERT C. FOLLAND terminated. (tjd) (Entered: 10/16/2017) MOTION to Amend/Correct and File Class Plaintiffs' Second Amended Consolidated Class Action Complaint filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.Memorandum and Certificate of Service. (Attachments: # 1 Exhibit A - [Proposed] Second Amended Consolidated Class Action Complaint, # 2 Exhibit B - [Proposed] Second Amended Consolidated Class Action Complaint (redlined against First Amended Complaint), # 3 Memorandum of Law in Support of Motion to Amend, # 4 Certificate of Service, # 5 Text of Proposed Order)(GOLAN, JEFFREY) (Entered: 10/25/2017) MOTION for Pro Hac Vice Admission for Jillian Hewitt ( Filing fee $ 40 receipt number 0313-12417207.) filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.Certificate of Service.
(Attachments: # 1 Declaration of Jillian Hewitt in Support of Pro Hac Vice Motion, # 2 Certificate of Service, # 3 Text of Proposed Order)(GOLAN, JEFFREY) (Entered: 10/26/2017) ORDER THAT MOTION FOR ADMISSION PRO HAC VICE OF JILLIAN HEWITT TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS HEREBY GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/26/17.10/30/17 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 10/30/2017) RESPONSE in Opposition re 56 MOTION to Amend/Correct and File Class Plaintiffs' Second Amended Consolidated Class Action Complaint filed by LINCOLN NATIONAL COI LITIGATION, LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: # 1 Declaration of Beth Desmonds)(RAPPAPORT, STACEY) (Entered: 11/08/2017) REPLY to Response to Motion re 56 MOTION to Amend/Correct and File Class Plaintiffs' Second Amended Consolidated Class Action Complaint filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (Attachments: # 1 Certificate of Service)(GOLAN, JEFFREY) (Entered: 11/15/2017) Declaration re 60 Reply to Response to Motion, in Further Support of Class Plaintiffs' Motion for Leave to File a Second Amended Consolidated Class Action Complaint by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B - Part 1, # 4 Exhibit B - Part 2)(GOLAN, JEFFREY) (Entered: 11/15/2017)
ORDER THAT THE CLERK OF COURT IS DIRECED TO DESIGNATE THE EFG BANK ACTION, CASE NO. 17-2592, AS CONSOLIDATED WITH CASE NO. 16-6605. THE CLERK OF COURT IS DIRECTED TO ADD ALL COUNSEL APPEARING IN THE EFG BANK ACTION, WHO HAVE ENTERED A NOTICE OF APPEARANCE OR BEEN GRANTED ADMISSION PRO HAC VICE, TO BE INCLUDED WITHIN CASE NO. 16-6605, ETC. ANY COUNSEL SEEKING ADMISSION PRO HAC VICE, WHO HAVE NOT YET BEEN GRANTED ADMISSION IN THE EFG BANK ACTION, SHALL FILE THEIR PRO HAC VICE MOTIONS IN CASE NO. 16-6605 ONLY, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/20/17. 11/21/17 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 11/21/2017) ORDER THAT ALL FACT DISCOVERY SHALL BE COMPLETED BY 11/2/2018. CLASS PLFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION BY 12/7/2018. ALL EXPERT DISCOVERY DUE BY 3/22/2019. DEFTS SHALL FILE THEIR OPPOSITION TO PLFFS' MOTION FOR CLASS CERTIFICATION BY 4/19/2019. PLFFS SHALL FILE THEIR REPLY IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION BY 5/20/2019. ALL DISPOSITIVE MOTIONS & DAUBERT MOTIONS DUE BY 4/26/2019. A HEARING ON DISPOSITIVE MOTIONS SHALL BE HELD ON 7/10/2019, ETC. PLAINTIFF'S PRETRIAL MEMO DUE BY 7/22/2019. DEFENDANT'S PRETRIAL MEMO DUE BY 8/14/2019. ALL MOTIONS IN LIMINE DUE BY 7/22/2019. FINAL PRETRIAL CONFERENCE SET FOR 8/28/2019 AT 10:00 A.M. IN CHAMBERS (ROOM 5614). TRIAL DATE SET FOR 9/9/2019 AT 9:00 A.M., ETC.
SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/20/17. 11/21/17 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 11/21/2017) Letter to Attorney ABIGAIL W. LLOYD re: L.R. 83.5 and 83.5.2. (eibo, ) (Entered: 11/29/2017) MOTION for Pro Hac Vice of John G. Emerson ( Filing fee $ 40 receipt number 0313-12498316.) filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.Declaration, Certificate of Service. (Attachments: # 1 Declaration of John G. Emerson in Support of Motion for Pro Hac Vice, # 2 Certificate of Service, # 3 Text of Proposed Order)(GOLAN, JEFFREY) (Entered: 12/05/2017) ORDER THAT MOTION FOR ADMISSION PRO HAC VICE OF JOHN G. EMERSON TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS HEREBY GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 12/5/17.12/6/17 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 12/06/2017) NOTICE of Withdrawal of Appearance by ABIGAIL W. LLOYD on behalf of DLP MASTER TRUST, DLP MASTER TRUST II, DLP MASTER TRUST III, EFG BANK AG, CAYMAN BRANCH, GREENWICH SETTLEMENTS MASTER TRUST, GWG DLP MASTER TRUST (ti, ) Modified on 12/26/2017 (ti, ).
(Entered: 12/26/2017) MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/1/18. 2/1/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 02/01/2018) ORDER THAT CLASS PLFFS' MOTION FOR LEAVE TO FILE A SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT (ECF NO. 56) IS GRANTED IN PART & DENIED IN PART AS OUTLINED HEREIN, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/1/18. 2/1/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 02/01/2018) (Court only) ***Set/Reset Deadlines: AMENDED PLEADINGS DUE BY 2/15/2018. (kw, ) (Entered: 02/02/2018) STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER WITH COURT APPROVAL. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/2/18. 2/5/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 02/05/2018) NOTICE of Change of Address by STEVEN G SKLAVER(SKLAVER, STEVEN) (Entered: 02/08/2018) STIPULATION re 52 Amended Complaint, Joint Stipulation and Order re Time to Answer Complaint by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.**(FILED IN ERROR, COPY FORWARDED TO JUDGE FOR APPROVAL)**
(RAPPAPORT, STACEY) Modified on 2/14/2018 (tjd). (Entered: 02/12/2018) SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT against LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY; jury demand, Certificate of Service, filed by PLFFS LOWELL RAUCH, US LIFE 2 RENDITEFONDS GMBH & CO. KG, BARRY MUKAMAL, JOEL STEPHEN AGEL, BHARTI R. BHARWANI, CAROL ANNE RAUCH, MILGRIM INVESTMENTS, LP, ROBERT A. ZIRINSKY, US LIFE 1 RENDITEFONDS GMBH & CO. KG.(kw, ) (Entered: 02/15/2018) (Court only) ***Deadlines terminated. (kw, ) (Entered: 02/15/2018) STIPULATION AND ORDER THAT DEFTS' TIME TO FILE AN ANSWER TO THE FAC IS ADJOURNED SINE DIE. DEFTS SHALL FILE AN ANSWER OR OTHERWISE RESPOND TO THE SAC NOT LATER THAN TWENTY-ONE (21) DAYS AFTER PLFFS FILE THE SAC, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/20/18. 2/21/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 02/21/2018) (Court only) ***Deadlines terminated. (kw, ) (Entered: 02/21/2018) MOTION to Substitute Party THE MOSKOWITZ LAW FIRM AS A MEMBER OF PLAINTIFFS STEERING COMMITTEE IN LIEU OF KOZYAK, TROPIN & THROCKMORTON filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.Certificate of Service. (Attachments: # 1
Certificate of Service, # 2 Text of Proposed Order)(GOLAN, JEFFREY) (Entered: 02/27/2018) ORDER THAT THE MOTION TO AMEND THE COURT'S ORDER CONSOLIDATING RELATED ACTIONS AND APPOINTING PLAINTIFF'S INTERIM CLASS IS GRANTED. SECTION II OF THE COURT'S ORDER IS AMENDED AS OUTLINED HEREIN.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/28/2018.2/28/2018 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 02/28/2018) MOTION for Pro Hac Vice Admission of Howard M. Bushman ( Filing fee $ 40 receipt number 0313-12669364.) filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.Affidavit, Certificate of Service. (Attachments: # 1 Affidavit of Howard M. Bushman in Support of Admission Pro Hac Vice, # 2 Certificate of Service, # 3 Text of Proposed Order)
(GOLAN, JEFFREY) (Entered: 03/06/2018) ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF HOWARD M. BUSHMAN, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS HEREBY GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/8/18. 3/8/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: 03/08/2018) ANSWER to 72 Amended Complaint, Answer to Second Amended Consolidated Class Action Complaint by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. Affirmative Defenses, Certificate of Service. (Attachments: # 1 Certificate of Service) (RAPPAPORT, STACEY) Modified on 3/9/2018 (tjd). (Entered: 03/08/2018) (Court only) ***Issue Joined (tjd) (Entered: 03/09/2018) Stipulation for Extension of Time to Complete Discovery filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.**(FILED IN ERROR BY ATTY, COPY FORWARDED TO JUDGE FOR APPROVAL)**. (Attachments: # 1 Exhibit A)
(RAPPAPORT, STACEY) Modified on 5/2/2018 (tjd). (Entered: 05/01/2018) JOINT STIPULATION AND ORDER: FINAL PRETRIAL CONFERENCE SET FOR 11/19/2019 10:00 AM BEFORE HONORABLE GERALD J. PAPPERT. DISCOVERY DUE BY 6/20/2019. MOTIONS DUE BY 7/25/2019. MOTION IN LIMINE DUE BY 10/21/2019. PLAINTIFF PRETRIAL MEMO DUE BY 10/21/2019. DEFENDANT PRETRIAL MEMO DUE BY 11/12/2019. TRIAL POOL SET FOR 12/4/2019. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/1/18. 5/2/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) (Entered: 05/02/2018) ORDER THAT UPON CONSIDERATION OF PLFF'S JUNE 29 LETTER, PARTIES SHALL JOINTLY SUBMIT TO THE COURT A SUMMARY OF THE DISPUTED ISSUES, WITH EACH SIDE'S POSITIONS, NOT TO EXCEED TEN DOUBLE-SPACED PAGES ON OR BEFORE 7/13/2018. SIGNED BY HONORABLE GERALD J. PAPPERT ON 6/29/18. 7/2/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, )
(Entered: 07/02/2018) NOTICE by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY re 81 Order, THE PARTIES JOINT SUMMARY OF DISPUTED DISCOVERY ISSUES SUBMITTED PURSUANT TO ORDER FILED JUNE 29, 2018 [DOC. 81] (Attachments: # 1 Exhibit A)(FRIEDMAN, ANDREW) (Entered: 07/13/2018) ORDER THAT PLFFS' REQUEST FOR PRODUCTION OF DOCUMENTS REFLECTING THE ASSUMPTIONS UNDERLYING DEFTS; GAAP FINANCIAL AND VOBA DETERMINATIONS FOR THE YEARS 2010-2016 PURSUANT TO JOINT REQUESTS 4, 5, 27-28, AND 35 IS DENEID ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/26/18. 7/27/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 07/27/2018) NOTICE by LINCOLN NATIONAL COI LITIGATION, LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY Letter re: Case Schedule (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)
(RAPPAPORT, STACEY) (Entered: 09/14/2018) NOTICE of Change of Address by DANIEL C. GIRARD(GIRARD, DANIEL) (Entered: 10/01/2018) ORDER THAT THE CLERK OF COURT IS DIRECTED TO DESIGNATE CONESTOGA TRUST, ET. AL. V. LINCOLN NATIONAL CORPORATION, ET. AL., CASE NO. 18-CV-2379 (THE “CONESTOGA ACTION,” AND TOGETHER WITH THE CONSOLIDATED ACTION AND THE EFG ACTION, THE “ACTIONS”), AS CONSOLIDATED, AS DESCRIBED BELOW, WITH THE CONSOLIDATED ACTION AND THE EFG ACTION, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/3/18. 10/5/18 ENTERED COPIES MAILED & E-MAILED.(rf, ) (Entered: 10/09/2018) ORDER THAT PARAGRAPH 2 OF THE COURT'S NOVEMBER 20, 2017 SCHEDULING ORDER (DOC. 36 IN 17-2592 AND DOC. 63 IN 16-6605 AS AMENDED BY ECF NOS. 40 AND 80 IN THE RESPECTIVE CASES) IS REVISED AS OUTLINED HEREIN: EXPERT DISCOVERY DUE BY 6/5/2019., MOTIONS DUE BY 1/28/2019. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/5/18.
10/9/18 ENTERED AND COPIES MAILED AND E-MAILED.(rf, ) (Entered: 10/09/2018) JOINT STIPULATION AND SCHEDULING ORDER THAT CLASS PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION AND SERVE CLASS CERTIFICATION EXPERT REPORTS ON OR BEFORE 3/29/2019. ALL FACT DISCOVERY SHALL BE COMPLETED ON OR BEFORE 5/6/2019. ALL EXPERT DISCOVERY WITH RESPECT TO CLASS CERTIFICATION ISSUES SHALL BE COMPLETED ON OR BEFORE 8/5/2019, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 1/4/19. 1/4/19 ENTERED AND COPIES MAILED AND E-MAILED.(ti, ) Modified on 1/4/2019 (ti, ). (Entered: 01/04/2019) STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER WITH COURT APPROVAL. SIGNED BY HONORABLE GERALD J. PAPPERT ON 1/14/19. 1/16/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(kw, ) (Entered: 01/16/2019)
Copy of Order dated 1/4/19 and envelope returned from the U.S. Postal Service addressed to John G. Emerson for the following reason: Return to Sender. Not Deliverable as Addressed. Unable to Forward. (kw, ) (Entered: 01/24/2019) ORDER THAT PARTIES MAY PROVIDE THE COURT WITH A 10 PAGE JOINT WRITTEN SUBMISSION ON OR BEFORE 2/8/2019.SIGNED BY HONORABLE GERALD J. PAPPERT ON 1/31/19. 2/1/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (kw, ) (Entered: 02/01/2019) NOTICE of Appearance by LISA M. PORT on behalf of JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY with Certificate of Service(PORT, LISA) (Entered: 02/04/2019) JOINT STIPULATION AND AMENDED SCHEDULING ORDER THAT CLASS PLFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION & SERVE CLASS CERTIFICATION EXPERT REPORTS ON OR BEFORE 5/28/2019, ETC. ALL FACT DISCOVERY SHALL BE COMPLETED ON OR BEFORE 7/10/2019. ETC. ALL EXPERT DISCOVERY SHALL BE COMPLETED ON OR BEFORE 10/4/2019.SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/13/19. 3/14/19 ENTERED AND COPIES MAILED AND E-MAILED. (kw, )
(Entered: 03/14/2019) ORDER THAT THE COURT HEREBY GIVES NOTICE TO THE PARTIES OF ITS INTENT TO APPOINT A SPECIAL MASTER UNDER RULE 53 OF THE FEDERAL RULES OF CIVIL PROCEDURE TO RESOLVE REMAINING DISCOVERY DISPUTES AMONG THE PARTIES, ETC. THE PARTIES ARE HEREBY ORDERED TO RAISE, ON OR BEFORE 4/5/2019, ANY OBJECTIONS THEY HAVE TO THE APPOINTMENT OF SPECIAL MASTER OR TO THE SPECIFIC APPOINTMENT OF MR. SOROKO. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/28/19. 3/29/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (kw, ) (Entered: 03/29/2019) Affidavit of John J. Soroko, Esq. in connection with appointment as Special Master. (kw, ) (Entered: 04/12/2019) ORDER THAT JOHN J. SOROKO, ESQ. IS APPOINTED AS SPECIAL MASTER UNDER THE TERMS OUTLINED HEREIN, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/11/19. 4/12/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (kw, ) (Entered: 04/12/2019) MOTION for Pro Hac Vice Admission of Attorney Elise Kent Bernanke
( Filing fee $ 40 receipt number 0313-13555701.) filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Proposed Order, Motion for Pro Hac Vice Admission, Affidavit, Certificate of Service. (Attachments: # 1 Affidavit Elise Kent Bernanke in Support of Motion) (SCOTT, JOHN) (Entered: 05/21/2019) MOTION for Pro Hac Vice Admission of Attorney John P. Estep filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Proposed Order, Motion for Pro Hac Vice Admission, Affidavit, Certificate of Service. (Attachments: # 1 Affidavit)(SCOTT, JOHN) (Filing Fee Paid on 5/21/19) Modified on 5/22/2019 (kw, ). (Entered: 05/21/2019) MOTION for Pro Hac Vice Admission of Attorney Kim Goldberg filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Proposed Order, Motion, Affidavit, Certificate of Service. (Attachments: # 1 Affidavit)(SCOTT, JOHN) (Filing Fee Paid on 5/21/19) Modified on 5/22/2019 (kw, ). (Entered: 05/21/2019) MOTION for Pro Hac Vice Admission of Attorney Andrew Porter filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Proposed Order, Motion, Affidavit, Certificate of Service. (Attachments: # 1 Affidavit)
(SCOTT, JOHN) (Filing Fee Paid on 5/21/19) Modified on 5/22/2019 (kw, ). (Entered: 05/21/2019) MOTION for Pro Hac Vice Admission of Attorney Katrina Loyer filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Proposed Order, Motion, Affidavit, Certificate of Service. (Attachments: # 1 Affidavit)(SCOTT, JOHN) (Filing Fee Paid on 5/21/19) Modified on 5/22/2019 (kw, ). (Entered: 05/21/2019) MOTION for Pro Hac Vice Admission of Attorney Anthony Perri filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Proposed Order, Motion, Affidavit, Certificate of Service. (Attachments: # 1 Affidavit)(SCOTT, JOHN) (Filing Fee Paid on 5/21/19) Modified on 5/22/2019 (kw, ). (Entered: 05/21/2019) Pro Hac Vice Letter sent to John P Estep, Esq., Kim Goldberg Esq., Andrew Porter Esq., Katrina Loyer Esq., and Anthony Perri Esq on 5/22/19. (kw, ) (Entered: 05/22/2019) AMENDED SCHEDULING ORDER THAT CLASS PLFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION & SERVE CLASS CERTIFICATION EXPERT REPORTS ON OR BEFORE 6/25/2019, ETC.
ALL FACT DISCOVERY SHALL BE COMPLETED ON OR BEFORE 9/13/2019, ETC. ALL EXPERT DISCOVERY SHALL BE COMPLETED ON OR BEFORE 12/3/2019, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/22/19. 5/22/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (kw, ) Modified on 5/22/2019 (kw, ). (Entered: 05/22/2019) ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF ELISE KENT BERNANKE, ESQ. IS GRANTED FOR THE PURPOSE OF APPEARING AND REPRESENTING DEFTS LINCOLN NATIONAL CORP. & THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, IN THIS LITIGATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/22/19. 5/22/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (ECF FORM MAILED TO COUNSEL ON 5/22/19) (kw, ) (Entered: 05/22/2019) (Court only) ***Attorney ANDREW PORTER for LINCOLN NATIONAL CORP.,ANDREW PORTER for LINCOLN NATIONAL LIFE INSURANCE COMPANY added., ***Motions terminated: 99 MOTION for Pro Hac Vice Admission of Attorney Andrew Porter filed by LINCOLN NATIONAL LIFE INSURANCE COMPANY, LINCOLN NATIONAL CORP.. (jl, ) (Entered: 05/23/2019)
ORDER THAT THE APPLICATION FOR ADMISSION PRO HAC VICE OF ANDREW PORTER IS GRANTED AND REPRESENTING DEFENDANTS LINCOLN NATIONAL CORPORATION AND THE LINCOLN NATIONAL LIFE INSURANCE COMPANY; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/23/19. 5/23/19 ENTERED AND COPIES MAILED AND E-MAILED.(jl, ) (Entered: 05/23/2019) ORDER THAT THE APPLICATION 97 FOR ADMISSION PRO HAC VICE OF JOHN P. ESTEP, ESQ. IS GRANTED AND THAT JOHN P. ESTEP, ESQ. IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION, FOR THE PURPOSE OF APPEARING AND REPRESENTING DEFENDANTS LINCOLN NATIONAL CORPORATION AND THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, IN THIS LITIGATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/23/19.5/23/19 ENTERED AND COPIES MAILED AND E-MAILED. ECF APPLICATION MAILED TO ESTEP. (fdc) (Entered: 05/23/2019) ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF KIM GOLDBERG, ESQUIRE (DOC. NO. 98 ) IS GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/23/2019.5/23/2019 ENTERED AND COPIES MAILED TO COUNSEL AND TO KIM GOLDBERG WITH ECF FORMS AND E-MAILED.(amas)
(Entered: 05/23/2019) ORDERED AND DECREED THAT THE APPLICATION FOR ADMISSION PRO HAC VICE OF ANTHONY PERRI, ESQUIRE IS GRANTED AND THAT ANTHONY PERRI, ESQUIRE IS ADMITTED PRO HAC VICE WITHOUT RESTRICTIONS, FOR THE PURPOSE OF APPEARING AND REPRESENTING DEFENDANTS LINCOLN NATIONAL CORPORATION AND THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, IN THIS LITIGATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/23/19.5/23/19 ENTERED AND COPIES MAILED WITH ECF FORMS AND MAILED/E-MAILED.(jaa, ) (Entered: 05/23/2019) ORDER THAT THE APPLICATION FOR ADMISSION PRO HAC VICE OF KATRINA LOYER, ESQUIRE IS GRANTED AND THAT KATRINA LOYER, ESQUIRE IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION FOR THE PURPOSE OF REPRESENTING DEFENDANTS LINCOLN NATIONAL CORPORATION AND LINCOLN NATIONAL LIFE INSURANCE COMPANY IN THIS LITIGATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/23/19. 5/24/19 ENTERED AND COPIES MAILED WITH ECF FORMS AND E-MAILED.(mbh, ). (Entered: 05/24/2019) Joint MOTION for Leave to File Excess Pages for Class Certification Briefing filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.Certificate of Service.
(Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(GOLAN, JEFFREY) (Entered: 06/21/2019) ORDER THAT JOINT MOTION TO EXCEED PAGE LIMITS FOR CLASS CERTIFICATION BRIEFING IS GRANTED. PLFFS' OPENING BRIEF IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION SHALL NOT EXCEED 40 PAGES. DEFTS' BRIEF IN RESPONSE TO PLFFS' MOTION FOR CLASS CERTIFICATION SHALL NOT EXCEED 40 PAGES, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 6/21/19.6/21/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(kw, ) (Entered: 06/21/2019) MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.. (Attachments: # 1 Text of Proposed Order)(FRIEDMAN, ANDREW) (Entered: 06/25/2019) Memorandum in Support of re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel (REDACTED) filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FRIEDMAN, ANDREW)
(Entered: 06/25/2019) Declaration of Andrew S. Friedman in Support re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel (Redacted) filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (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 (Sealed), # 17 Exhibit 17 (Sealed), # 18 Exhibit 18 (Sealed), # 19 Exhibit 19 (Sealed), # 20 Exhibit 20 (Sealed), # 21 Exhibit 21 (Sealed), # 22 Exhibit 22 (Sealed), # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25 (Sealed), # 26 Exhibit 26 (Sealed), # 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 41, # 41 Exhibit 42, # 42 Exhibit 43, # 43 Exhibit 44 (Sealed), # 44 Exhibit 45 (Sealed), # 45 Exhibit 46 (Sealed), # 46 Exhibit 47, # 47 Exhibit 48, # 48 Exhibit 49 (Sealed), # 49 Exhibit 50 (Sealed), # 50 Exhibit 51, # 51 Exhibit 52, # 52 Exhibit 53, # 53 Exhibit 54 (Sealed), # 54 Exhibit 55 (Sealed))(FRIEDMAN, ANDREW) Modified on 6/26/2019 (tjd). (Entered: 06/25/2019) Declaration of Larry N. Stern in Support re 111
MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel (Redacted) filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FRIEDMAN, ANDREW) Modified on 6/26/2019 (tjd). (Entered: 06/25/2019) CERTIFICATE OF SERVICE by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY for Documents Filed Under Seal (FRIEDMAN, ANDREW) (Entered: 06/25/2019) NOTICE by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY re 113 Affidavit in Support of Motion,,,,,, (Attachments: # 1 Exhibit 42 to Declaration of Andrew S. Friedman in Support of Motion for Class Certification, for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel [ECF no. 113])(FRIEDMAN, ANDREW) (Entered: 06/25/2019)
Memorandum of law in support of class plaintiffs' motion for class certification, for appointment of class representatives, and for appointment of co-lead class counsel, filed by PLFFS BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FILED UNDER SEAL) (kw, ) (tjd, ). (Entered: 06/27/2019) Declaration of Andrew S. Friedman in support of motion for class certification, for appointment of class representatives and for appointment of co-lead class counsel, filed by PLFFS BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FILED UNDER SEAL) (kw, ) (Additional attachment(s) added on 6/27/2019: # 1 sealed document) (tjd, ). (Entered: 06/27/2019) Declaration of Robert Mills in support of motion for class certification, filed by PLFFS BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FILED UNDER SEAL) (kw, ) (tjd, ).
(Additional attachment(s) added on 6/27/2019: # 1 sealed document, # 2 sealed document, # 3 sealed document, # 4 sealed document, # 5 sealed document) (tjd, ). (Entered: 06/27/2019) Declaration of Larry N. Stern in support of motion for class certification, filed by PLFFS BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FILED UNDER SEAL) (kw, ) (tjd, ). (Entered: 06/27/2019) (Court only) ***Set Flag SEALDC (kw, ) (Entered: 06/27/2019) OPINION OF THE SPECIAL MASTER REGARDING THE DISCOVERY DISPUTE AS PRESENTED BY THE PARTIES IN THEIR JOINT SUBMISSION OF FEBRUARY 8, 2019 (AS AMENDED ON FEBRUARY 11, 2019). 7/5/19 MAILED AND E-MAILED TO COUNSEL. (va, )
(Entered: 07/05/2019) STIPULATION and Order (Joint) by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH.**(FILED IN ERROR BY ATTY, COPY FORWARDED TO JUDGE FOR APPROVAL)** (FRIEDMAN, ANDREW) Modified on 7/9/2019 (tjd). (Entered: 07/08/2019) STIPULATION AND ORDER EY WITHDRAWS ITS OBJECTIONS TO THE PRODUCTION OF THE CLAWBACK DOCUMENTS. ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/10/2019. 7/10/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) (Entered: 07/10/2019) NOTICE of Withdrawal of Appearance by LUCAS E. ISSACHAROFF on behalf of US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG(ISSACHAROFF, LUCAS) (Entered: 07/12/2019) (Court only) *** Attorney LUCAS E. ISSACHAROFF terminated. (tjd) (Entered: 07/16/2019) Opinion of the Special Master Regarding the Discovery Dispute as Concerning the Conestoga Plaintiffs' Request for a Rule 30(b)(6) Deposition of Defendants by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 7/17/2019 (tjd). (Entered: 07/15/2019) OBJECTION to 121 Report and Recommendations by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (RAPPAPORT, STACEY)
(Entered: 07/17/2019) CERTIFICATE OF SERVICE by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY re 126 Objection to Report and Recommendations (RAPPAPORT, STACEY) (Entered: 07/17/2019) NOTICE of Withdrawal of Appearance by ELISE KENT BERNANKE on behalf of LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY(SCOTT, JOHN) Modified on 7/22/2019 (tjd). (Entered: 07/19/2019) Opinion of Special Master Regarding the Discovery Dispute Relating to the “Table Shave” and “Exchange” Programs by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 7/22/2019 (tjd). (Entered: 07/19/2019) NOTICE of Withdrawal of Appearance by ELISE KENT BERNANKE on behalf of LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. Certificate of Service.(tjd) (Entered: 07/23/2019) MOTION for Pro Hac Vice Admission of P. Ryan Burningham ( Filing fee $ 40 receipt number 0313-13688800.) filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.
Affidavit, Certificate of Service.(GOLAN, JEFFREY) (Entered: 07/24/2019) Objections by CONESTOGA TRUST, CONESTOGA TRUST SERVICES, LLC re 125 Notice (Other) . (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)(MADDEN, PATRICK) (Entered: 07/29/2019) Opinion of Special Master Regarding Request for Reconsideration of Opinion Denying Request of Conestoga Plaintiffs for Rule 30(b)(6) Deposition by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 7/31/2019 (tjd). (Entered: 07/30/2019) Opinion of Special Master Regarding Discovery Dispute Concerning the Relevancy and Burden of Producing Three Categories of Documents, as Jointly Submitted by the Parties on May 16, 2019 by JOHN J. SOROKO, ESQ.(SOROKO, JOHN) Modified on 8/1/2019 (tjd). (Entered: 07/31/2019) ORDER THAT APPLICATION OF P. RYAN BURNINGHAM ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/31/19.8/1/19 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (ECF FORM MAILED TO COUNSEL ON 8/1/19) (kw, ) (Entered: 08/01/2019) JOINT STIPULATION AND AMENDED SCHEDULING ORDER THAT ALL FACT DISCOVERY DUE BY 12/6/2019, ETC. ALL EXPERT DISCOVERY DUE BY 3/23/2020. DEFTS SHALL FILE THEIR OPPOSITION TO PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 4/22/2020. PLFFS SHALL FILE THEIR REPLY IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 6/15/2020. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/15/19.8 /15/19 ENTERED AND COPIES MAILED AND E-MAILED. (kw, )
(Entered: 08/15/2019) MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/21/19. 8/21/19 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 08/21/2019) ORDER THAT THE COURT ADOPTS THE OPINION OF THE SPECIAL MASTER REGARDING THE DISCOVERY DISPUTE AS PRESENTED BY THE PARTIES IN THEIR JOINT SUBMISSION OF 2/8/2019, (ECF NO. 121), ETC. THE COURT ADOPTS THE OPINION OF THE SPECIAL MASTER REGARDING THE DISCOVERY DISPUTE AS CONCERNING THE CONESTOGA PLFFS' REQUEST FOR A RULE 30(b)(6) DEPOSITION OF DEFTS (ECF NO. 125) AND OVERRULES THE OBJECTIONS THERETO (ECF. NO. 132), ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/21/19. 8/21/19 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 08/21/2019) Copy of Order/Notice dated 8/21/19 (Document #'s 137 & 138) and envelope returned from the U.S. Postal Service addressed to John G. Emerson for the following reason: Return to Sender. Not Deliverable as Addressed. Unable to Forward. (kw, ) (Entered: 09/04/2019) NOTICE of Withdrawal of Appearance by LISA M. PORT on behalf of All Plaintiffs (Attachments: # 1 Certificate of Service)(PORT, LISA) (Entered: 10/07/2019) NOTICE of Appearance by JULIE PALLEY on behalf of JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY with Certificate of Service (Attachments: # 1 Certificate of Service)(PALLEY, JULIE)
(Entered: 10/07/2019) (Court only) *** Attorney LISA M. PORT terminated. (tjd) (Entered: 10/09/2019) Opinion of Special Master Regarding the Scope of Certain Discovery Disputes Involving the Production by Defendant Lincoln of Documents Involving the Impact of Life Settlement Investors on the Performance of Certain Policies by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 11/1/2019 (tjd). (Entered: 10/30/2019) ORDER THAT THE SPECIAL MASTER'S OPINION IS ADOPTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/14/19. 11/15/19 ENTERED AND COPIES MAILED AND E-MAILED. (kw, ) (Entered: 11/15/2019) STIPULATION AND ORDER GOVERNING EXPERT DISCOVERY AS OUTLINED HEREIN. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/14/19. 11/15/19 ENTERED AND COPIES MAILED AND E-MAILED. (kw, ) (Entered: 11/15/2019) NOTICE of Hearing: TELEPHONE CONFERENCE HAS BEEN SET FOR WEDNESDAY, NOVEMBER 27, 2019 AT 11:00 AM BEFORE THE HONORABLE GERALD J. PAPPERT. COPIES EMAILED. (kf, ) (Entered: 11/21/2019) Minute Entry for proceedings held before HONORABLE GERALD J. PAPPERT Telephone Conference held on 11/27/2019 (kf, ) (Entered: 11/27/2019) Opinion of Special Master Regarding In Camera Review of Certain Challenged Privilege and Redaction Log Entries by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 12/9/2019 (tjd). (Entered: 12/05/2019) Opinion of Special Master Regarding Defendants' Request for a Protective Order in Respect of a Notice of Deposition for Dennis R. Glass by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 12/9/2019 (tjd). (Entered: 12/05/2019) STIPULATION of Dismissal STIPULATION OF VOLUNTARY DISMISSAL OF PLAINTIFF LAURA WEINSTEIN PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii) by US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG. (BURNINGHAM, P.)
(Entered: 12/11/2019) Objections by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY re 146 Notice (Other) Opinion and Order Regarding In Camera Review of Certain Challenged Privilege and Redaction Log Entries. (Attachments: # 1 Certificate of Service Certificate of Service) (RAPPAPORT, STACEY) (Entered: 12/19/2019) Declaration re 149 Objections, to Opinion and Order Regarding In Camera Review of Certain Challenged Privilege and Redaction Log Entries by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(RAPPAPORT, STACEY) (Entered: 12/19/2019) MOTION for Leave to File Documents Under Seal filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Certificate of Service. (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 Certificate of Service Certificate of Service)(RAPPAPORT, STACEY) (Entered: 12/19/2019) EXHIBITS to defts' motion for leave to file documents under seal, filed by DEFTS LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (FILED UNDER SEAL)(kw, ) (Additional attachment(s) added on 12/30/2019: # 1 Sealed Document, # 2 Sealed Document, # 3 Sealed Document, # 4 Sealed Document, # 5 Sealed Document, # 6 Sealed Document, # 7 Sealed Document, # 8 Sealed Document, # 9 Sealed Document) (md, ). (Additional attachment(s) added on 12/30/2019: # 10 Sealed Document) (md, ).
Modified on 12/30/2019 (md). (Entered: 12/20/2019) Memorandum in Opposition to Defendants Partial Objection 149 to Special Masters December 5, 2019 Opinion and Order Regarding In Camera Review of Certain Challenged Privilege and Redaction Log Entries 146 by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FRIEDMAN, ANDREW) Modified on 1/3/2020 (tjd). (Entered: 01/02/2020) Memorandum in Opposition to Defendants Partial Objection 149 to Special Masters December 5, 2019 Opinion and Order Regarding In Camera Review of Certain Challenged Privilege and Redaction Log Entries 146 (CORRECTED) by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FRIEDMAN, ANDREW) Modified on 1/3/2020 (tjd). (Entered: 01/02/2020) ORDER GRANTING 151 MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL.
THE ACCOMPANYING EXHIBITS ARE DEEMED FILED AS OF DECEMBER 19, 2019, AND SHALL REMAIN SEALED PENDING RESOLUTION OF LINCOLNS OBJECTIONS TO SPECIAL MASTERS OPINION (16-06605 ECF NO. 149 ; 17-02592 ECF NO. 113 ). SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/10/20. 2/11/20 ENTERED AND COPIES MAILED AND E-MAILED. (va, ) (Entered: 02/11/2020) COORDINATION ORDER: WITH RESPECT TO THE LSH 2016 CLAIMS AND LSH 2017 CLAIMS, LSH ACTION PLAINTIFFS ARE DIRECTED TO COORDINATE WITH THE PLAINTIFFS IN THE 2016 ACTIONS AND 2017 CLASS ACTION AS OUTLINED HEREIN. THE CLERK OF THE COURT IS DIRECTED TO FILE A COPY OF THIS ORDER ON THE FOLLOWINGDOCKETS: IN RE: LINCOLN NATIONAL COI LITIGATION, NO. 2:16-CV-06605-GJP (E.D. PA.), EFG BANK AG, CAYMAN BRANCH, ET AL. V. THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, NO. 2:17-CV-02592-GJP (E.D. PA.), CONESTOGA TRUST, ET AL. V. LINCOLN NATIONAL CORP., NO. 2:18-CV-02379-GJP (E.D. PA.), AND IN RE: LINCOLN NATIONAL 2017 COI RATE LITIGATION, NO. 2:17-CV-04150- GJP (E.D. PA.).. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/20/20. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/20/20. 2/21/20 ENTERED AND COPIES MAILED AND E-MAILED. (va, ) (Entered: 02/21/2020) Opinion and Order of the Special Master Regarding Plaintiffs' Motion for Production of Three Categories of Documents from Defendants by JOHN J. SOROKO, ESQ.
(SOROKO, JOHN) Modified on 3/4/2020 (tjd). (Entered: 02/28/2020) Opinion and Order of the Special Master Regarding Defendant Lincoln's Motion to Compel the Production by EFG Plaintiffs and EAA Plaintiffs of Various Documents Relating to “Mortality Assumptions” and “STOLI” Insurance Policies by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 3/4/2020 (tjd). (Entered: 02/28/2020) MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/9/20. 3/10/20 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 03/10/2020) ORDER THAT LINCOLN'S OBJECTIONS (16-6605 ECF NO. 149; 17-2592 ECF NO. 113) ARE OVERRULED AND THE SPECIAL MASTER'S OPINION (16-6605 ECF NO. 146; 17-2592 ECF NO. 111) IS ADOPTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/9/20. 3/10/20 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 03/10/2020) ORDER THAT THE SPECIAL MASTER'S OPINION IS ADOPTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/10/20. 3/11/20 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 03/11/2020) ORDER THAT THE SPECIAL MASTER'S 157 , 158 OPINIONS ARE ADOPTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/19/20. 3/20/20 ENTERED AND COPIES MAILED TO ATTORNEYS AND E-MAILED.(mas, ) (Entered: 03/20/2020) STIPULATED AMENDED CONFIDENTIALITY AND PROTECTIVE ORDER WITH COURT APPROVAL. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/31/20. 3/31/20 ENTERED AND COPIES E-MAILED. “NOT MAILED TO ATTORNEYS"(kw, )
(Entered: 03/31/2020) AMENDED SCHEDULING ORDER THAT ALL FACT DISCOVERY DUE BY 11/2/2020, ETC. ALL EXPERT DISCOVERY DUE BY 2/8/2021. DEFTS SHALL FILE THEIR OPPOSITION TO CLASS PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 3/16/2021. CLASS PLFFS SHALL FILE THEIR REPLY IN SUPPORT PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 4/26/2021, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/10/20. 4/10/20 ENTERED AND COPIES E-MAILED TO ALL ATTORNEYS.(kw, ) (Entered: 04/10/2020) MAILED OUT ORDER ENTRIES #163 ANS 164 TO COUNSEL ON 7/14/20. (jaa, ) (Entered: 07/14/2020) MOTION for Pro Hac Vice Admission of Erin M. Culbertson ( Filing fee $ 40 receipt number 0313-14420691.) filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Declaration, Certificate of Service, Proposed Order.(KATSIFF, TIMOTHY) (Entered: 07/14/2020) ORDER THAT APPLICATION FOR ADMISSION PRO HAC VICE OF ERIN M. CULBERTSON, ESQ. IS GRANTED & THAT ERIN M. CULBERTSON, ESQ. IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION, FOR THE PURPOSE OF APPEARING AND REPRESENTING DEFTS LINCOLN NATIONAL CORP. & THE LINCOLN NATIONAL LIFE INS. CO., IN THIS LITIGATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/17/20.7/17/20 ENTERED AND COPIES E-MAILED. COPIES MAILED TO ATTORNEYS PER CHAMBERS.(kw, )
(Entered: 07/17/2020) SCHEDULING ORDER: DISCOVERY DUE BY 2/1/2021. DEFENDANTS SHALL SERVE THEIR CLASS CERTIFICATION OPPOSITION EXPERT REPORTS ON OR BEFORE MARCH 10, 2021. DEFENDANTS SHALL PRODUCE MATERIALS THEIR EXPERTS RELIED UPON IN THEIR CLASS CERTIFICATION OPPOSITION EXPERT REPORTS ON OR BEFORE MARCH 16, 2021. CLASS PLAINTIFFS SHALL SERVE THEIR EXPERT REPORTS REBUTTING DEFENDANTS CLASS CERTIFICATION OPPOSITION EXPERT REPORTS ON OR BEFORE APRIL 5, 2021. CLASS PLAINTIFFS SHALL PRODUCE MATERIALS THEIR EXPERTS RELIED UPON IN THEIR REBUTTAL CLASS CERTIFICATION EXPERT REPORTS ON OR BEFORE APRIL 8, 2021. ETC. WITHIN 21 DAYS OF THE COURT ISSUING AN ORDER GRANTING OR DENYING, IN WHOLE OR IN PART, PLAINTIFFS MOTION FOR CLASS CERTIFICATION, THE PARTIES SHALL FILE A JOINT STATUS REPORT THAT INCLUDES PROPOSED DEADLINES FOR: (I) SERVICE OF RULE 26(A)(2) DISCLOSURES FOR ANY EXPERTS THE PARTIES MAY USE AT TRIAL; (II) COMPLETION OF DEPOSITIONS OF ANY EXPERTS THE PARTIES MAY USE AT TRIAL; (III) FILING OF ANY DAUBERT MOTIONS (INCLUDING A PROPOSED BRIEFING SCHEDULE); (IV) FILING OF MOTIONS FOR SUMMARY JUDGMENT OR OTHER DISPOSITIVE MOTIONS (INCLUDING A PROPOSED BRIEFING SCHEDULE); (V) FILING OF THE PARTIES PRETRIAL MEMORANDA IN ACCORDANCE WITH LOCAL RULE 61.1(C); AND (VI) FILING OF THE PARTIES MOTIONS IN LIMINE. ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/14/20. 8/14/20 ENTERED AND COPIES E-MAILED. ATTYS PORTER, EMERSON AND ESTEP NOT MAILED. (va, )
(Entered: 08/14/2020) NOTICE of Withdrawal of Appearance by DOUGLAS E. ROBERTS on behalf of US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG(ROBERTS, DOUGLAS) (Entered: 09/08/2020) NOTICE of Appearance by SARAH RACHEL GOODMAN on behalf of US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG with Certificate of Service(GOODMAN, SARAH) (Entered: 09/09/2020) NOTICE by JOHN J. SOROKO, ESQ. Report and Recommendation of the Special Master to the Hon. Gerald J. Pappert Regarding Defendants Motion For Issuance of Letters of Request Pursuant to the Hague Convention For the Taking of Evidence Abroad in Civil or Commercial Matters (SOROKO, JOHN) (Entered: 12/09/2020) AMENDED SCHEDULING ORDER THAT ALL FACT DISCOVERY SHALL BE COMPLETED ON OR BEFORE 5/3/2021, ETC. ALL EXPERT DISCOVERY DUE BY 8/11/2021. DEFTS SHALL FILE THEIR OPPOSITION TO CLASS PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 9/15/2021. CLASS PLFFS SHALL FILE THEIR REPLY IN SUPPORT OF PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 10/27/2021, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 12/23/20. 12/23/20 ENTERED AND COPIES E-MAILED. “NOT MAILED TO ATTORNEYS” (kw, ) (Entered: 12/23/2020) DOC. 171 MAILED TO COUNSEL WITHOUT EMAIL ADDRESS. (sg, )
(Entered: 12/28/2020) Supplement (Pursuant to Defendants Motion for Clarification) to the Report and Recommendation of the Special Master to the Hon. Gerald J. Pappert Regarding Defendants Motion for Issuance of Letters of Request Pursuant to the Hague Convention for the Taking of Evidence Abroad in Civil or Commercial Matters by JOHN J. SOROKO, ESQ. re 170 Notice (Other), (SOROKO, JOHN) Modified on 2/26/2021 (tjd). (Entered: 02/25/2021) MOTION for Issuance of Letters Rogatory Defendants' Motion for Issuance of Letters of Request Pursuant to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.. (RAPPAPORT, STACEY) (Entered: 03/18/2021) Memorandum of Law in Support re 173 MOTION for Issuance of Letters Rogatory Defendants' Motion for Issuance of Letters of Request Pursuant to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: # 1 Declaration of Erin M. Culbertson in Support of Defendants' Motion for Issuance of Letters of Request Pursuant to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Text of Proposed Order, # 12 Certificate of Service)(RAPPAPORT, STACEY) (Entered: 03/18/2021) AMENDED SCHEDULING ORDER THAT ALL FACT DISCOVERY DUE BY 6/18/2021, ETC. ALL EXPERT DISCOVERY DUE BY 9/24/2021.
DEFTS SHALL FILE THEIR OPPOSITION TO CLASS PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 10/29/2021. CLASS PLFFS SHALL FILE THEIR REPLY IN SUPPORT OF PLFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 12/8/2021, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/24/21. 3/25/21 ENTERED AND COPIES E-MAILED. “NOT MAILED TO ATTORNEYS"(kw, ) (Entered: 03/25/2021) PLEADING #175 MAILED TO COUNSEL (JL ) (Entered: 03/25/2021) (Court only) ***Deadlines terminated. (JL ) (Entered: 03/25/2021) ORDER: AFTER REVIEWING THE SPECIAL MASTER'S DECEMBER 9, 2020 REPORT AND RECOMMENDATION AND FEBRUARY 25, 2021 SUPPLEMENT, AND NOTING THAT NEITHER PARTY HAS OBJECTED TO THE REPORT AND RECOMMENDATION AND FINDING THAT THERE IS NO CLEAR ERROR IN THE SPECIAL MASTER'S REASONING, IT IS ORDERED THAT THE SPECIAL MASTER'S REPORT AND RECOMMENDATION IS ADOPTED.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/29/21. 3/29/21 ENTERED AND COPIES E-MAILED.(kf, ) (Entered: 03/29/2021) ORDER: UPON CONSIDERATION OF DEFENDANTS' MOTION FOR ISSUANCE OF LETTERS OF REQUEST PURSUANT TO THE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS (THE “CONVENTION”), IT IS HEREBY ORDERED THAT SAID MOTION IS GRANTED..
SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/29/21.3/29/21 ENTERED AND COPIES E-MAILED.(kf, ) (Entered: 03/29/2021) ORDER FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THECONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE IN CIVIL ORCOMMERCIAL MATTERS AS OUTLINED HEREIN. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/30/2021. 3/31/2021 ENTERED AND COPIES E-MAILED. NOT MAILED TO ATTORNEYS WITHOUT EMAIL ADDRESS.(sg, ) (Entered: 03/31/2021) PLEADING #178 MAILED TO COUNSEL (JL) (Entered: 03/31/2021) PLEADINGS #176 & 177 MAILED TO COUNSEL (kf, ) (Entered: 04/01/2021) (Entered: 04/01/2021) NOTICE of Hearing: A TELEPHONE CONFERENCE TO DISCUSS COUNSELS' RECENT LETTERS CONCERNING MEDIAITON WILL TAKE PLACE ON THURSDAY, APRIL 8, 2021 AT 1:30 P.M., BEFORE THE HONORABLE GERALD J. PAPPERT. COPIES EMAILED.(kf, ) (Entered: 04/06/2021) First MOTION for Pro Hac Vice filed by BHARTI R. BHARWANI.certificate of service, sponsor statement. (Attachments: # 1 Declaration)(GOLAN, JEFFREY) (Entered: 04/08/2021) Report of Conference/Minute Sheet, re: Telephone Conference for proceedings held before HONORABLE GERALD J. PAPPERT and counsel on 4/8/21. (kw, ) (Entered: 04/09/2021) ORDER THAT THE COURT WILL GRANT NO FURTHER EXTENSIONS FOR FACT OR EXPERT DISCOVERY OR THE EXCHANGE OF EXPERT REPORTS; PURSUANT TO THE COURT'S AUTHORITY UNDER LOCAL RULE 53.3(4), THE PARTIES ARE ORDERED TO BEGIN MEDIATION NO LATER THAN AUGUST 20, 2021; AND THE PARTIES SHALL AGREE ON A MEDIATOR AND INFORM THE COURT OF THEIR SELECTION NO LATER THAN JUNE 18, 2021.
SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/12/21. 4/12/21 ENTERED & E-MAILED.(fdc) (Entered: 04/12/2021) ORDER THAT THE COURT WILL GRANT NO FURTHER EXTENSIONS FOR FACT OR EXPERT DISCOVERY OR THE EXCHANGE OF EXPERT REPORTS. PURSUANT TO THE COURT'S AUTHORITY UNDER LOCAL RULE 53.3(4), THE PARTIES ARE ORDERED TO BEGIN MEDIATION NO LATER THAN 8/20/2021; & THE PARTIES SHALL AGREE ON A MEDIATOR & INFORM THE COURT OF THEIR SELECTION NO LATER THAN 6/18/2021. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/12/21. 4/12/21 ENTERED AND COPIES MAILED AND E-MAILED.** (DUPLICATE ENTRY, SEE DOCUMENT 182 )**(kw, ) Modified on 4/13/2021 (tjd). (Entered: 04/12/2021) Filing Fee for PRO HAC VICE by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (Filing Fee $40, receipt number 0313-15116370). (GOLAN, JEFFREY) (Entered: 05/12/2021) ORDER THAT PLAINTIFF BHARTI R. BHARWANI'S 180 MOTION FOR THE PRO HAC VICE ADMISSION OF EDGAR G. SARGENT IS GRANTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/12/21.5/12/21 ENTERED AND COPIES MAILED & E-MAILED.(fdc)
(Entered: 05/12/2021) Copy of Letters Rogatory. (fdc) (Entered: 06/07/2021) Copy of Letters Rogatory. (fdc) (Entered: 06/07/2021) NOTICE by JOHN J. SOROKO, ESQ. of Opinion and Order of the Special Master on Defendant Lincoln's Motion to Compel Non-Party Portfolio Acheron Trust to Produce Documents in Response to Two Subpoenas and in Compliance with the Parties Agreement Related Thereto (SOROKO, JOHN) (Entered: 06/14/2021) ORDER THAT PARTIES MAY BEGIN MEDIATION ON 10/7/2021. SIGNED BY HONORABLE GERALD J. PAPPERT ON 6/21/21. 6/22/21 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 06/22/2021) Supplemental Opinion and Order of the Special Master in Respect of the Prior Opinion and Order of June 14, 2021 on Defendant Lincolns Motion to Compel Non-Party Portfolio Acheron Trust to Produce Documents in Response to Two Subpoenas and in Compliance with the Parties Agreement Related Thereto by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 8/6/2021 (tjd). (Entered: 08/05/2021) RESPONSE in Opposition re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (RAPPAPORT, STACEY) (Entered: 10/29/2021)
Declaration re 190 Response in Opposition to Motion, Declaration of Aaron L. Renenger in Opposition to Plaintiffs' Motion for Class Certification by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: # 1 Exhibit 1-63, # 2 Exhibit 64, # 3 Exhibit 65, # 4 Exhibit 66-71, # 5 Exhibit 72, # 6 Exhibit 73, # 7 Exhibit 74-109, # 8 Exhibit 110, # 9 Exhibit 111, # 10 Exhibit 112, # 11 Exhibit 113-116, # 12 Exhibit 117, # 13 Exhibit 118-123, # 14 Exhibit 124, # 15 Exhibit 125, # 16 Exhibit 126, # 17 Exhibit 127, # 18 Exhibit 128, # 19 Exhibit 129-139)(RAPPAPORT, STACEY) (Entered: 10/29/2021) MOTION to Exclude Notice of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills, # 2 Declaration of Erin M. Culbertson in Support of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Text of Proposed Order, # 11 Certificate of Service) (RAPPAPORT, STACEY) (Entered: 10/30/2021) CERTIFICATE OF SERVICE by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY (RAPPAPORT, STACEY) (Entered: 10/30/2021) Memorandum of Law in Support re 192 MOTION to Exclude Notice of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. *FILED UNDER SEAL* (lisad, ) (Additional attachment(s) added on 11/2/2021: # 1 Sealed Document, # 2 Sealed Document, # 3 Sealed Document, # 4 Sealed Document, # 5 Sealed Document, # 6 Sealed Document, # 7 Sealed Document, # 8 Sealed Document) (lisad, ). (Entered: 11/02/2021) Memorandum of Law in Opposition re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.
*FILED UNDER SEAL* (lisad, ) (Additional attachment(s) added on 11/2/2021: # 1 Sealed Document) (lisad, ). (Additional attachment(s) added on 11/2/2021: # 2 Sealed Document, # 3 Sealed Document, # 4 Sealed Document, # 5 Sealed Document, # 6 Sealed Document, # 7 Sealed Document) (lisad, ). (Entered: 11/02/2021) Letter dated Nov. 17, 2021 by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: # 1 Exhibit A)(RAPPAPORT, STACEY) (Entered: 11/17/2021) STIPULATION AND ORDER THAT PLFFS MAY SERVE & FILE AN OPPOSITION TO THE MOTION [ECF NO. 192] ON OR BEFORE 11/23/2021. DEFTS MAY SERVE & FILE A REPLY IN SUPPORT OF THE MOTION ON OR BEFORE 12/8/2021, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/18/21. 11/18/21 ENTERED AND COPIES E-MAILED. “NOT MAILED TO ATTORNEYS"(kw, ) (Entered: 11/18/2021) Doc. 197 mailed to counsel on 11/19/21. (lisad, ) (Entered: 11/19/2021) RESPONSE in Opposition re 192 MOTION to Exclude Notice of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills [Redacted] filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (GOLAN, JEFFREY) (Entered: 11/23/2021) AFFIDAVIT in Opposition re 192 MOTION to Exclude Notice of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills Declaration of Howard M. Bushman [Redacted] filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(GOLAN, JEFFREY)
(Entered: 11/23/2021) CERTIFICATE OF SERVICE by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY re 198 Response in Opposition to Motion, 199 Affidavit in Opposition to Motion,, (GOLAN, JEFFREY) (Entered: 11/23/2021) Plaintiffs' Opposition to Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FILED UNDER SEAL) (lvj, ) (Additional attachment(s) added on 11/29/2021: # 1 Declaration SEALED DOCUMENT, # 2 Exhibit SEALED DOCUMENT, # 3 Exhibit SEALED DOCUMENT, # 4 Exhibit SEALED DOCUMENT) (lvj, ). (Entered: 11/29/2021) REPLY to Response to Motion re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel (REDACTED) filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (FRIEDMAN, ANDREW)
(Entered: 12/08/2021) REPLY Memorandum of Law to Response to Motion re 192 MOTION to Exclude Notice of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills - Reply re: Stern filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: # 1 Certificate of Service)(RAPPAPORT, STACEY) Modified on 12/10/2021 (tjd). (Entered: 12/08/2021) Supplemental Declaration of Andrew S. Friedman in Support re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel Supplemental Declaration of Andrew S. Friedman (REDACTED) filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (Attachments: # 1 Exhibit 56-Placeholder, # 2 Exhibit 57-Placeholder, # 3 Exhibit 58)(FRIEDMAN, ANDREW) Modified on 12/10/2021 (tjd). (Entered: 12/08/2021) REPLY Memorandum of Law to Response to Motion re 192 MOTION to Exclude Notice of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills - Reply re: Mills filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.
(Attachments: # 1 Certificate of Service)(RAPPAPORT, STACEY) Modified on 12/10/2021 (tjd). (Entered: 12/08/2021) CERTIFICATE OF SERVICE by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY re 204 Affidavit in Support of Motion,, 202 Reply to Response to Motion, (FRIEDMAN, ANDREW) (Entered: 12/08/2021) REPLY to Response Filed Under Seal to Motion re 192 MOTION to Exclude Notice of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills re: Stern filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. **(FILED UNDER SEAL)** (tjd) (tjd, ). (Entered: 12/09/2021) REPLY to Response Filed Under Seal to Motion re 192 MOTION to Exclude Notice of Defendants' Motion to Exclude the Proposed Expert Opinions of Larry N. Stern and Robert Mills re: Mills filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. **(FILED UNDER SEAL)** (tjd) (tjd, ). (Entered: 12/09/2021) REPLY to Response Filed Under Seal to Motion re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel filed by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY.
**(FILED UNDER SEAL)** (tjd) (tjd, ). (Entered: 12/09/2021) Supplemental Declaration of Andrew S. Friedman Filed Under Seal by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. Exhibits 56, 57. **(FILED UNDER SEAL)** (tjd) (Additional attachment(s) added on 12/9/2021: # 1 sealed document, # 2 sealed document) (tjd, ). (Entered: 12/09/2021) RESPONSIVE DECLARATION OF LARRY N. STERN FILED UNDER SEAL IN SUPPORT OF 111 MOTION FOR CLASS CERTIFICATION by BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. **(FILED UNDER SEAL)** (tjd) (tjd, ). (Entered: 12/09/2021) MOTION for Leave to File Motion for Leave to File a Sur-Reply Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification, for the Appointment of Class Representatives, and for the Appointment of Co-Lead Class Counsel filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit 1 - Sur- Reply, # 3 Declaration of Aaron L. Renenger, # 4 Exhibit 1, # 5 Text of Proposed Order, # 6 Certificate of Service)(RAPPAPORT, STACEY) (Entered: 12/20/2021) Unredacted SUR-REPLY Memorandum in Opposition Filed Under Seal re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel filed by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. Supplemental Declaration, Exhibit. **(FILED UNDER SEAL)** (tjd) *(STRICKEN PER ORDER # 214 ) (Additional attachment(s) added on 12/21/2021: # 1 sealed document, # 2 sealed document) (tjd, ).
Modified on 12/22/2021 (nd, ). (Entered: 12/21/2021) ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION FOR LEAVE TO FILE A SUR-REPLY (ECF 212 ), THE MOTION IS DENIED; THE COURT SHALL STRIKE DEFENDANTS' SUR-REPLY IN OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFCATION (ECF 213 . SIGNED BY HONORABLE GERALD J. PAPPERT ON 12/22/2021.12/22/2021 ENTERED AND COPIES MAILED AND (nd, ) (Entered: 12/22/2021) Opinion and Order of the Special Master In Respect of the Defendants' Motion to Compel Respondents' Compliance with Subpoenas Served on Non-Parties by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 2/24/2022 (tjd). (Entered: 02/23/2022) Supplemental Opinion and Order of the Special Master in Respect of the Defendants' Motion to Compel Respondents' Compliance with Subpoenas Served on Non-Parties by JOHN J. SOROKO, ESQ. (SOROKO, JOHN) Modified on 3/7/2022 (tjd).
(Entered: 03/04/2022) NOTICE by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY re 112 Memorandum, Plaintiffs' Notice of Supplemental Authority in Support of Motion for Class Certification **(FILED IN ERROR, INCORRECT PDF, ATTY REFILED AT DOCUMENT 218 )** (BURNINGHAM, P.) (Main Document 217 replaced on 4/1/2022) (tjd). Modified on 4/1/2022 (tjd). (Entered: 04/01/2022) NOTICE by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY re 112 Memorandum, Plaintiffs' Notice of Supplemental Authority in Support of Motion for Class Certification (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(BURNINGHAM, P.) (Entered: 04/01/2022) ORDER THAT THE SPECIAL MASTER'S OPINIONS AND ORDERS ARE ADOPTED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/6/22.
4/6/22 ENTERED AND COPIES MAILED & E-MAILED.(fdc) (Entered: 04/06/2022) NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR THURSDAY, APRIL 7, 2022 AT 4:00 PM BEFORE THE HONORABLE GERALD J. PAPPERT.(kf) (Entered: 04/06/2022) Response re 218 Notice (Other), Defendants' Response to Plaintiffs' Notice of Supplemental Authority by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (RAPPAPORT, STACEY) (Entered: 04/07/2022) Minute Entry for proceedings held before HONORABLE GERALD J. PAPPERT. Re: A Telephone Conference was held on 4/7/22. (fdc) (Entered: 04/07/2022) ORDER THAT A HEARING ON THE MOTIONS FOR CLASS CERTIFICATION (IN RE: LINCOLN NATIONAL COI LITIGATION 2017 COI LITIGATION 56 ) AND MOTIONS TO EXCLUDE EXPERT OPINIONS (IN RE: LINCOLN NATIONAL COI LITIGATION 192 AND IN RE: LINCOLN NATIONAL 2017 COI LITIGATION 78 ) HAS BEEN SCHEDULED FOR WEDNESDAY, 6/1/22 AT 9:30 AM BEFORE THE HON. GERALD J. PAPPERT, IN COURTROOM 11-A, ON THE ELEVENTH FLOOR, AT THE U.S. COURTHOUSE, 601 MARKET ST., PHILA., PA. 19106. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/13/22. 4/13/22 ENTERED AND COPIES MAILED & E-MAILED.(fdc) (Entered: 04/13/2022) Letter dated May 6, 2022, re: Supplement Production concerning GPLP Rider by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (RAPPAPORT, STACEY)
(Entered: 05/06/2022) Letter dated 5/9/2022 by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY. (GOLAN, JEFFREY) (Entered: 05/09/2022) Notice to Withdraw JULIE B. PALLEY as Attorney filed by JOEL STEPHEN AGEL, BHARTI R. BHARWANI, MILGRIM INVESTMENTS, LP, BARRY MUKAMAL, CAROL ANNE RAUCH, LOWELL RAUCH, US LIFE 1 RENDITEFONDS GMBH & CO. KG, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY..(GOLAN, JEFFREY) Modified on 5/10/2022 (tjd). (Entered: 05/09/2022) Letter dated May 9, 2022 by LINCOLN NATIONAL CORP., LINCOLN NATIONAL LIFE INSURANCE COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(RAPPAPORT, STACEY) (Entered: 05/09/2022) ORDER: AFTER REVIEWING THE PARTIES' SUBMISSIONS (ECF NOS. 224, 225 AND 227) AND SUBSTANTIALLY FOR THE REASONS GIVEN IN PLAINTIFFS' LETTER (ECF 225), THE COURT DENIES THE DEFENDANTS' REQUEST TO REOPEN THE FACT DISCOVERY PERIOD, WHICH CLOSED ON JUNE 18, 2021 AND DELAY THE JUNE 1, 2022, ORAL ARGUMENT ON THE LONG PENDING MOTION FOR CLASS CERTIFICATION..
SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/9/2022. 5/9/2022 ENTERED AND COPIES MAILED AND E-MAILED.(kf) (Entered: 05/09/2022) ORDER THAT ORAL ARGUMENT AT THE JUNE 1 HEARING 100 WILL PROCEED AS FOLLOWS: THREE HOURS ON THE 2016 AND 2017 CLASS CERTIFICATION MOTIONS; ONE HOUR FOR LUNCH; ONE HOUR AND THIRTY MINUTES ON THE MOTIONS TO EXCLUDE PLAINTIFFS' ACTURIAL EXPERTS; THIRTY MINUTES ON THE MOTIONS TO EXCLUDE PLAINTIFF'S DAMAGES EXPERT. ALL TIME TO BE DIVIDED EQUALLY BETWEEN THE PARTIES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/24/22. 5/24/22 ENTERED & E-MAILED. *CHAMBERS WILL E-MAIL ATTORNEYS WITH NO E-MAIL ADDRESS PROVIDED*. (fdc) (Entered: 05/24/2022) Minute Entry for proceedings held before HONORABLE GERALD J. PAPPERTin Courtroom 11A Motion Hearing held on 6/1/22 re 111 MOTION to Certify Class , for Appointment of Class Representatives and for Appointment of Co-Lead Class Counsel filed by BARRY MUKAMAL, US LIFE 1 RENDITEFONDS GMBH & CO. KG, BHARTI R. BHARWANI, LOWELL RAUCH, MILGRIM INVESTMENTS, LP, US LIFE 2 RENDITEFONDS GMBH & CO. KG, ROBERT A. ZIRINSKY, CAROL ANNE RAUCH Court Reporter: ESR. (fdc) (Entered: 06/01/2022) TRANSCRIPT of Oral Argument on Motions for Class Action Certification held on 6/1/22, before Judge Pappert. Court Reporter/Transcriber: Liberty Transcripts. 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 6/27/2022. Redacted Transcript Deadline set for 7/7/2022. Release of Transcript Restriction set for 9/6/2022. (fdc) (Entered: 06/06/2022) Notice of Filing of Official Transcript with Certificate of Service re 231 Transcript - PDF,, 6/6/22 Entered & E-mailed. (fdc) (Entered: 06/06/2022) NOTICE of Withdrawal of Appearance by P. RYAN BURNINGHAM on behalf of All Plaintiffs (BURNINGHAM, P.) (Entered: 06/15/2022) NOTICE of Withdrawal of Motion for Certification of State Sub-Classes and of Motion for Certification on behalf of a Nationwide Class for Certain Injunctive Relief, and Unopposed Motion to Stay Individual Claims (Attachments: # 1 Text of Proposed Order)(FRIEDMAN, ANDREW) (Entered: 06/21/2022) ORDER GRANTING UNOPPOSED MOTION TO STAY INDIVIDUAL CLAIMS. SIGNED BY HONORABLE GERALD J. PAPPERT ON 6/21/22. 6/21/22 ENTERED AND COPIES MAILED AND E-MAILED.(fdc) (Entered: 06/21/2022) Letter (nd) (Entered: 07/22/2022) MEMORANDUM FILED UNDER SEAL.
SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/9/2022; 8/10/2022 ENTERED AND COPIES MAILED AND E-MAILED. **(FILED UNDER SEAL PER CHAMBERS)**(tjd) (tjd). Modified on 8/10/2022 (tjd). **(UNSEALED PER ORDER 239 )** Modified on 8/25/2022 (tjd). (Entered: 08/10/2022) ORDER THAT 192 THE MOTION TO EXLUDE EXPERT OPINIONS IS GRANTED WITH RESPECT TO STERN'S OPINIONS AND DENIED WITH RESPECT TO MILLS' OPINIONS; 111 MOTION FOR CLASS CERTIFICATION IS DENIED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/9/2022; 8/10/2022 ENTERED AND COPIES MAILED AND E-MAILED. **(ORDER UNSEALED PER CHAMBERS)**(tjd) (tjd). Modified on 8/11/2022 (tjd). (Entered: 08/10/2022) ORDER THAT THE CLERK OF COURT SHALL UNSEAL THE COURT'S AUGUST 9TH MEMORANDUM 237 . SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/24/22. 8/24/22 ENTERED AND COPIES MAILED & E-MAILED.(fdc) (Entered: 08/24/2022) ORDER THAT THE DEADLINE FOR FILING THE JOINT STATUS REPORT IS EXTENDED TO 9/7/2022. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/29/22. 8/30/22 ENTERED AND COPIES E-MAILED. ATTYS PORTER, EMERSON & ESTEP NOT MAILED. (va) Modified on 8/31/2022 (va). (Entered: 08/30/2022) NOTICE of Change of Address by ANDREW S. FRIEDMAN(FRIEDMAN, ANDREW) (Entered: 08/31/2022) Mailed doc. 240 to counsel. (er) (Entered: 09/01/2022)
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Docket No: CIVIL DOCKET FOR CASE #: 2:16-cv-06605-GJP
Decided: December 23, 2016
Court: United States District Court, E.D. Pennsylvania,
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