This case was last updated from PACER on 07/05/2019 at 09:05:00 (UTC).

Gary Rand et al v. Midland National Life Insurance et al

Case Summary

On 04/22/2019 Gary Rand filed a Contract - Insurance lawsuit against Midland National Life Insurance. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Ronald S.W. Lew and John E. McDermott. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-03104

  • Filing Date:

    04/22/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

Ronald S.W. Lew

Referral Judge

John E. McDermott

 

Party Details

Plaintiffs

Leslie B. Rand-Luby

Gary Rand

Suzanne E. Rand-Lewis

Defendants

Does 1 through 100

Midland National Life Insurance

Michael L. Kelly

Attorney/Law Firm Details

Plaintiff Attorney

Timothy D Rand-Lewis

Attorney at Law Office of Timothy D Rand-Lewis

5990 Sepulveda Boulevard Suite 630

Sherman Oaks, CA 91411-2523

Defendant Attorneys

Edith S Shea

Attorney at Burke Williams and Sorensen LLP

444 South Flower Street Suite 2400

Los Angeles, CA 90071-2953

Paul F Heaton

Attorney at Godfrey and Kahn SC

833 East Michigan Street Suite 1800

Milwaukee, WI 53202

Karen T Tsui

Attorney at Burke Williams and Sorenson LLP

444 South Flower Street Suite 2400

Los Angeles, CA 90071-2953

Christie B Carrino

Attorney at Godfrey and Kahn SC

833 East Michigan Street Suite 1800

Milwaukee, WI 53202

Mark K Herbert

Attorney at Law Office of Marc K Herbert APC

190 Sierra Court Suite B-3

Palmdale, CA 93550

Marc Kevin Herbert

Attorney at Herbert Law Office

190 Sierra Court Suite B3

Palmdale, CA 93550

 

Court Documents

27 #2

Proposed Order

27 #1

Declaration of Timothy D. Rand-Lewis in Support

#27

(#29) JOINDER in First NOTICE OF MOTION AND MOTION for Order for Proposed Order Granting Motion to Dismiss #18 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Central District #27 , First NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendant Michael L. Kelly. (Herbert, Marc) (Entered: 05/28/2019)

19 #2

Declaration Declaration of Service by Mail

19 #1

Declaration Declaration of Service by Mail

#19

(#29) JOINDER in First NOTICE OF MOTION AND MOTION for Order for Proposed Order Granting Motion to Dismiss #18 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Central District #27 , First NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendant Michael L. Kelly. (Herbert, Marc) (Entered: 05/28/2019)

15 #2

Proposed Order

15 #1

Memorandum of Points and Authorities in Support of Motion to Dismiss

#15

(#30) REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case (Plaintiff's Complaint) #15 filed by Defendant Midland National Life Insurance. (Heaton, Paul) (Entered: 05/28/2019)

#6

(#8) DECLARATION OF SERVICE filed by Defendant Midland National Life Insurance, re Declaration #4 , Declaration #3 , Declaration #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties,, #7 , Declaration, #6 , Civil Cover Sheet (CV-71) #2 served on April 22, 2019. (Shea, Edith) (Entered: 04/22/2019)

#5

(#8) DECLARATION OF SERVICE filed by Defendant Midland National Life Insurance, re Declaration #4 , Declaration #3 , Declaration #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties,, #7 , Declaration, #6 , Civil Cover Sheet (CV-71) #2 served on April 22, 2019. (Shea, Edith) (Entered: 04/22/2019)

#4

(#8) DECLARATION OF SERVICE filed by Defendant Midland National Life Insurance, re Declaration #4 , Declaration #3 , Declaration #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties,, #7 , Declaration, #6 , Civil Cover Sheet (CV-71) #2 served on April 22, 2019. (Shea, Edith) (Entered: 04/22/2019)

#3

(#8) DECLARATION OF SERVICE filed by Defendant Midland National Life Insurance, re Declaration #4 , Declaration #3 , Declaration #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties,, #7 , Declaration, #6 , Civil Cover Sheet (CV-71) #2 served on April 22, 2019. (Shea, Edith) (Entered: 04/22/2019)

#2

(#8) DECLARATION OF SERVICE filed by Defendant Midland National Life Insurance, re Declaration #4 , Declaration #3 , Declaration #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties,, #7 , Declaration, #6 , Civil Cover Sheet (CV-71) #2 served on April 22, 2019. (Shea, Edith) (Entered: 04/22/2019)

1 #3

Exhibit 2

1 #2

Exhibit 1 - Part Two

1 #1

Exhibit 1 - Part One

#1

(#8) DECLARATION OF SERVICE filed by Defendant Midland National Life Insurance, re Declaration #4 , Declaration #3 , Declaration #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties,, #7 , Declaration, #6 , Civil Cover Sheet (CV-71) #2 served on April 22, 2019. (Shea, Edith) (Entered: 04/22/2019)

72 More Documents Available

 

Docket Entries

  • 06/20/2019
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  • (#38) TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The hearings on the Motions to Dismiss #15 #19 , and the Motion to Remand #27 , all set for 6/25/2019, at 10:00 AM, are hereby vacated and taken OFF-CALENDAR. The motions are suitable for decision without oral argument and stand SUBMITTED. No appearance necessary on 6/25/2019. The Court's ruling on the motions will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) (Entered: 06/20/2019)

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  • 06/10/2019
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  • (#37) REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Central District #27 filed by Plaintiffs Gary Rand, Gary Rand, Suzanne E. Rand-Lewis, Suzanne E. Rand-Lewis, Leslie B. Rand-Luby, Leslie B. Rand-Luby. (Rand-Lewis, Timothy) (Entered: 06/10/2019)

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  • 06/06/2019
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  • (#36) TEXT ONLY ENTRY (IN CHAMBERS) by Judge Ronald S.W. Lew: The Motion to Dismiss Case (Plaintiff's Complaint) #15 filed by Defendant Midland National Life Insurance is also continued to June 25, 2019, at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY (Entered: 06/06/2019)

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  • 06/06/2019
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  • (#35) ORDER GRANTING JOINT STIPULATION TO CONTINUE THE HEARING ON DEFENDANTS MOTION TO DISMISS PLAINTIFFS' COMPLAINT TO JUNE 25, 2019, #34 by Judge Ronald S.W. Lew. ORDERED that the hearing on Defendants Motion to Dismiss Plaintiffs Complaint #19 is continued from June 11, 2019 to June 25, 2019 at 10:00 AM. (shb) (Entered: 06/06/2019)

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  • 06/05/2019
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  • (#34) Joint STIPULATION to Continue Defendants' Motion to Dismiss from June 11, 2019 to June 25, 2019 filed by Defendant Midland National Life Insurance. (Attachments: #1 Proposed Order)(Tsui, Karen) (Entered: 06/05/2019)

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  • 06/04/2019
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  • (#33) JOINDER in First NOTICE OF MOTION AND MOTION for Order for Proposed Order Granting Motion to Dismiss #18 , First NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendant Michael L. Kelly. (Herbert, Marc) (Entered: 06/04/2019)

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  • 06/04/2019
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  • (#32) MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Central District #27 filed by Defendant Midland National Life Insurance. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion to Remand)(Heaton, Paul) (Entered: 06/04/2019)

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  • 05/28/2019
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  • (#31) DECLARATION of Edith S. Shea in support of NOTICE OF MOTION AND MOTION to Dismiss Case (Plaintiff's Complaint) #15 filed by Defendant Midland National Life Insurance. (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)(Heaton, Paul) (Entered: 05/28/2019)

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  • 05/28/2019
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  • (#30) REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case (Plaintiff's Complaint) #15 filed by Defendant Midland National Life Insurance. (Heaton, Paul) (Entered: 05/28/2019)

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  • 05/28/2019
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  • (#29) JOINDER in First NOTICE OF MOTION AND MOTION for Order for Proposed Order Granting Motion to Dismiss #18 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court, Central District #27 , First NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendant Michael L. Kelly. (Herbert, Marc) (Entered: 05/28/2019)

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21 More Docket Entries
  • 04/22/2019
  • CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Leslie B. Rand-Luby(As Trustee of the Leslie B. Rand-Luby Living Trust Dated November 10, 1995), Suzanne E. Rand-Lewis, Gary Rand(As Trustee of the Rand 1992 Irrevocable Trust), Gary Rand, Suzanne E. Rand-Lewis(As Trustee of the Suzanne E. Rand-Lewis Family Trust Dated August 17, 1993), Leslie B. Rand-Luby, upon Defendant Midland National Life Insurance served on 3/21/2019, answer due 4/11/2019. Service of the Summons and Complaint were executed upon CSC-Lawyers Incorporating Service, Agent for Service of Process on 3/21/2019, 2710 Gateway Oaks Drive, Suite 150 N Sacramento, California 95833 in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (FILED IN STATE COURT ON 3/21/2019 SUBMITTED ATTACHED EXHIBIT 2 - Part Two) (ghap) Modified on 4/23/2019 (ghap). (Entered: 04/23/2019)

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  • 04/22/2019
  • CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 100, Michael L. Kelly, Midland National Life Insurance. Jury Demanded., filed by plaintiffs Leslie B. Rand-Luby(As Trustee of the Leslie B. Rand-Luby Living Trust Dated November 10, 1995), Suzanne E. Rand-Lewis, Gary Rand(As Trustee of the Rand 1992 Irrevocable Trust), Gary Rand, Suzanne E. Rand-Lewis(As Trustee of the Suzanne E. Rand-Lewis Family Trust Dated August 17, 1993), Leslie B. Rand-Luby. (FILED IN STATE COURT ON 3/13/2019 SUBMITTED ATTACHED EXHIBIT 1 - Part One) (ghap) Modified on 4/23/2019 (ghap). (Entered: 04/23/2019)

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  • 04/22/2019
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  • (#8) DECLARATION OF SERVICE filed by Defendant Midland National Life Insurance, re Declaration #4 , Declaration #3 , Declaration #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties,, #7 , Declaration, #6 , Civil Cover Sheet (CV-71) #2 served on April 22, 2019. (Shea, Edith) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#7) CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Midland National Life Insurance, identifying Gary Rand (Plaintiff); Rand 1992 Irrevocable Trust (Plaintiff); Suzanne E. Rand-Lewis (Plaintiff); Suzanne E. Rand-Lewis Family Trust Dated August 17, 1993; Leslie B. Rand-Luby (Plaintiff); Leslie B. Rand-Luby Living Trust Dated November 10, 1995 (Plaintiff); Midland National Life Insurance Company (Defendant); Sammons Financial Group, Inc. (Parent Company of Defendant Midland); Michael L. Kelly (Defendant). (Shea, Edith) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#6) DECLARATION of Nick Nelson re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Midland National Life Insurance. (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 9-17, #10 Exhibit 18 Part 1, #11 Exhibit 18 Part 2, #12 Exhibit 19-30, #13 Exhibit 31-35)(Shea, Edith) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#5) DECLARATION of Kristina Seekings re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Midland National Life Insurance. (Shea, Edith) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#4) DECLARATION of Holly Johnson re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Midland National Life Insurance. (Shea, Edith) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#3) DECLARATION of Michael L. Kelly re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Midland National Life Insurance. (Shea, Edith) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#2) CIVIL COVER SHEET filed by Defendant Midland National Life Insurance. (Shea, Edith) (Entered: 04/22/2019)

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  • 04/22/2019
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  • (#1) NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 19STCV08677 Receipt No: 0973-23589390 - Fee: $400, filed by Defendant Midland National Life Insurance. (Attachments: #1 Exhibit 1 - Part One, #2 Exhibit 1 - Part Two, #3 Exhibit 2) (Attorney Edith S Shea added to party Midland National Life Insurance(pty:dft))(Shea, Edith) (Entered: 04/22/2019)

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