This case was last updated from PACER on 07/06/2021 at 09:51:41 (UTC).

North American Company for Life and Health Insurance v. Caldwell et al

Case Summary

On 05/07/2021 North American Company for Life and Health Insurance filed a Contract - Insurance lawsuit against Caldwell. This case was filed in U.S. District Courts, Florida Southern District. The Judge overseeing this case is Aileen M. Cannon. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-14197

  • Filing Date:

    05/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Courthouse:

    Florida Southern District

Judge Details

Presiding Judge

Aileen M. Cannon

 

Party Details

Plaintiff and Counter Defendant

North American Company for Life and Health Insurance

Defendants and Counter Claimants

Michelle Caldwell

Michael J. Harner

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Brett Joseph Preston

Attorney at Hill Ward Henderson

101 E. Kennedy Blvd., Suite 3700

Tampa, FL 33602

Fred Conwell Marshall, II

Attorney at Hill Ward Henderson PA

101 E. Kennedy Boulevard, Suite 3700

Tampa, FL 33602

Nicholas J. Bezier

Attorney at Godfrey & Kahn, S.C.

833 E. Michigan Street, Suite 1800

Milwaukee, WI 53202

Paul F. Heaton

Attorney at Godfrey & Kahn, S.C.

833 E. Michigan Street, Suite 1800

Milwauke, WI 53202

Defendant and Counter Claimant Attorneys

Michael J. Hoover

Attorney at Interpleader Law, LLC

5800 One Perkins Place Dr., Ste. 2A

Baton Rouge, LA 70810

Joel Justus Ewusiak

Attorney at Ewusiak Law, P.A.

12191 W. Linebaugh Ave, #755

Tampa, FL 33626

 

Court Documents

#16

(#16) Certificate of Other Affiliates/Corporate Disclosure Statement by North American Company for Life and Health Insurance (Preston, Brett) (Entered: 06/25/2021)

#15

(#15) NOTICE of Attorney Appearance by Fred Conwell Marshall, II on behalf of North American Company for Life and Health Insurance. Attorney Fred Conwell Marshall, II added to party North American Company for Life and Health Insurance(pty:pla). (Marshall, Fred) (Entered: 06/25/2021)

#14

(#14) ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 7/9/2021. Signed by Judge Aileen M. Cannon on 6/17/2021. See attached document for full details. (lbc) (Entered: 06/17/2021)

#11

(#11) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Michelle Caldwell, Michael J. Harner (Ewusiak, Joel) (Entered: 06/16/2021)

#10

(#10) ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against North American Company for Life and Health Insurance by Michael J. Harner, Michelle Caldwell. Attorney Joel Justus Ewusiak added to party Michelle Caldwell(pty:dft), Attorney Joel Justus Ewusiak added to party Michael J. Harner(pty:dft). (Ewusiak, Joel) (Entered: 06/16/2021)

#9

(#9) SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by North American Company for Life and Health Insurance. Michael J. Harner served on 5/25/2021, answer due 6/15/2021. (Preston, Brett) (Entered: 06/09/2021)

#8

(#8) Corporate Disclosure Statement by North American Company for Life and Health Insurance identifying Corporate Parent Sammons Financial Group, Inc. for North American Company for Life and Health Insurance (Preston, Brett) (Entered: 06/08/2021)

#7

(#7) SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by North American Company for Life and Health Insurance. Michelle Caldwell served on 5/26/2021, answer due 6/16/2021. (Preston, Brett) (Entered: 06/02/2021)

#6

(#6) ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 5/11/2021. See attached document for full details. (mee) (Entered: 05/11/2021)

#5

(#5) Summons Issued as to Michael J. Harner. (drz) (Entered: 05/10/2021)

#4

(#4) Summons Issued as to Michelle Caldwell. (drz) (Entered: 05/10/2021)

 

Docket Entries

  • 06/28/2021
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  • Docket(#19) PAPERLESS ORDER granting #17 and #18 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Nicholas J. Bezier and Paul F. Heaton. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 6/28/2021. (jrt) (Entered: 06/28/2021)

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  • 06/25/2021
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  • Docket(#18) Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas F. Bezier. Filing Fee $ 200.00 Receipt # AFLSDC-14799151 by North American Company for Life and Health Insurance. Responses due by 7/9/2021 (Attachments: #1 Text of Proposed Order)(Preston, Brett) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#17) Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul F. Heaton. Pay.gov Agency Tracking ID FLSDC-14798650. Filing Fee $ 200.00 by North American Company for Life and Health Insurance. Responses due by 7/9/2021 (Attachments: #1 Text of Proposed Order)(Preston, Brett) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#16) Certificate of Other Affiliates/Corporate Disclosure Statement by North American Company for Life and Health Insurance (Preston, Brett) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#15) NOTICE of Attorney Appearance by Fred Conwell Marshall, II on behalf of North American Company for Life and Health Insurance. Attorney Fred Conwell Marshall, II added to party North American Company for Life and Health Insurance(pty:pla). (Marshall, Fred) (Entered: 06/25/2021)

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  • 06/17/2021
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  • Docket(#14) ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 7/9/2021. Signed by Judge Aileen M. Cannon on 6/17/2021. See attached document for full details. (lbc) (Entered: 06/17/2021)

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  • 06/17/2021
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  • Docket(#13) PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael Hoover, Esq. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 6/17/2021. (jrt) (Entered: 06/17/2021)

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  • 06/16/2021
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  • Docket(#12) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Hoover. Filing Fee $ 200.00 Receipt # AFLSDC-14772596 by Michelle Caldwell, Michael J. Harner. Responses due by 6/30/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Ewusiak, Joel) (Entered: 06/16/2021)

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  • 06/16/2021
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  • Docket(#11) Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Michelle Caldwell, Michael J. Harner (Ewusiak, Joel) (Entered: 06/16/2021)

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  • 06/16/2021
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  • Docket(#10) ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against North American Company for Life and Health Insurance by Michael J. Harner, Michelle Caldwell. Attorney Joel Justus Ewusiak added to party Michelle Caldwell(pty:dft), Attorney Joel Justus Ewusiak added to party Michael J. Harner(pty:dft). (Ewusiak, Joel) (Entered: 06/16/2021)

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  • 06/09/2021
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  • Docket(#9) SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by North American Company for Life and Health Insurance. Michael J. Harner served on 5/25/2021, answer due 6/15/2021. (Preston, Brett) (Entered: 06/09/2021)

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  • 06/08/2021
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  • Docket(#8) Corporate Disclosure Statement by North American Company for Life and Health Insurance identifying Corporate Parent Sammons Financial Group, Inc. for North American Company for Life and Health Insurance (Preston, Brett) (Entered: 06/08/2021)

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  • 06/02/2021
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  • Docket(#7) SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by North American Company for Life and Health Insurance. Michelle Caldwell served on 5/26/2021, answer due 6/16/2021. (Preston, Brett) (Entered: 06/02/2021)

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  • 05/11/2021
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  • Docket(#6) ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 5/11/2021. See attached document for full details. (mee) (Entered: 05/11/2021)

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  • 05/10/2021
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  • Docket(#5) Summons Issued as to Michael J. Harner. (drz) (Entered: 05/10/2021)

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  • 05/10/2021
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  • Docket(#4) Summons Issued as to Michelle Caldwell. (drz) (Entered: 05/10/2021)

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  • 05/10/2021
  • Docket(#3) Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) (Entered: 05/10/2021)

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  • 05/07/2021
  • Docket(#2) Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) (Entered: 05/10/2021)

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  • 05/07/2021
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  • Docket(#1) COMPLAINT against Michelle Caldwell, Michael J. Harner in his capacity as trustee for the Irrevocable Life Insurance Trust of Justin W. Caldwell. Filing fees $ 402.00 receipt number AFLSDC-14671285, filed by North American Company for Life and Health Insurance. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Caldwell, #3 Summon(s) Harner, #4 Exhibit 1, #5 Exhibit 2 - part 1, #6 Exhibit 2 - part 2)(Preston, Brett) (Entered: 05/07/2021)

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