United States District Court Western District of Michigan (Grand Rapids) CIVIL DOCKET FOR CASE #: 1:03-cv RAE

Transcription

1 Page 1 of 14 United States District Court Western District of Michigan (Grand Rapids) CIVIL DOCKET FOR CASE #: 1:03-cv RAE Quilling v. Trade Partners, Inc. et al Assigned to: Judge Richard Alan Enslen Referred to: Demand: $ Lead Docket: None Related Cases: None Case in other court: None Cause: 28:1332 Diversity-Breach of Fiduciary Duty Date Filed: 04/08/03 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: Diversity movant Royal Maccabees Life Ins. Southwestern Life Insurance represented by John H. Schomer Marcoux, Allen, Abbott, Schomer & Bower, P.C. 145 S Jackson St. P.O. Box 787 Jackson, MI (517) pbates@marcouxallen.com represented by John H. Schomer plaintiff Michael J. Quilling represented by Arthur F. Selander Quilling, Selander, Cummiskey & Lownds, P.C Bryan Street, Ste Dallas, TX (214) aselander@qsclpc.com V. intervenor-plaintiff

2 Page 2 of 14 Peter Sturrus represented by William S. Farr Farr, Oosterhouse & Krissoff 125 Ottawa Ave., NW, Ste. 333 Grand Rapids, MI (616) Fax : (616) James Moskal Warner, Norcros & Judd LLP 900 Fifth Third Center 111 Lyon St., NW Grand Rapids, MI (616) jmoskal@wnj.com TERMINATED: 05/22/2003 V. defendant Trade Partners, Inc. represented by Robert F. Wardrop, II Wardrop & Wardrop 300 Ottawa Ave., NW, Ste. 150 Grand Rapids, MI (616) Bruce S. Kramer Borod & Kramer, P.C. 245 Wagner Pl., Ste. 350 Memphis, TN (901) bkramer@borodandkramer.com Macatawa Bank Corporation TERMINATED: 04/21/2003 Grand Bank Thomas J. Smith Christine M. Zmudka objector

3 Page 3 of 14 Continental Casualty Valley Forge Life Insurance CNA Life Insurance Pacific Life Insurance Prudential Insurance of America Aegon USA, Inc. Academy Life Insurance Bankers United Life Assurance Smith, Koning, VanWagoner, Beck & Shinar, P.C. 550 West Centre Avenue Portage, MI (269) nka Life Investors Insurance of America J.C. Penney Life Insurance

4 Page 4 of 14 nka Stonebridge Life Insurance Life Investors Insurance of America Monumental Life Insurance Transamerica Assurance Transamerica Life Insurance Veterans Life Insurance Western Reserve Life Assurance Co. of Ohio New York Life Insurance American United Life Insurance Pioneer Mutual Life Insurance State Life Insurance, The Canada Life Assurance,

5 Page 5 of 14 The Canada Life Insurance, The Canada Life Insurance of America Canada Life Insurance of New York Crown Life Insurance Greatwest Life Assurance Greatwest Life Assurance and Annuity Sun Life Assurance of Canada Aetna Life Insurance Massachusetts Mutual Life Insurance John Hancock Mutual Life Insurance represented by Michael G. Vartanian Dickinson Wright, PLLC (Ann Arbor) 101 N Main, Ste. 535 Ann Arbor, MI (734)

6 Page 6 of 14 Conseco Life Insurance United Presidential Life Insurance Massachusetts General Life Insurance Philadelphia Life Insurance Equitable Life Assurance Society of the United States, The represented by Ronald E Baylor Miller Canfield Paddock & Stone 444 West Michigan Avenue Kalamazoo, MI usa (269) baylor@millercanfield.com V. receiver Bruce S. Kramer represented by Quitman R. Ledyard Borod & Kramer, P.C. 245 Wagner Pl., Ste. 350 Memphis, TN (901) Filing Date # Docket Text 04/08/ COMPLAINT and Request for Appointment of a Receiver against Grand Bank, Macatawa Bank Corporation, Thomas J. Smith, Trade Partners, Inc., Christine M. Zmudka filed by Michael J. Quilling (Attachments: # 1 Exhibit A# 2 Affidavit Larry W. Tyler# 3 Exhibit 1 to Afdt L. Tyler# 4 Affidavit Stephen Tomasky# 5 Exhibit A to Afdt

7 Page 7 of 14 of S. Tomasky# 6 Affidavit Michael J. Quilling# 7 Exhibit A to Afdt of M. Quilling# 8 Exhibit 2 to Afdt of M. Quilling) (rlw, ) (Entered: 04/14/2003) 04/08/2003 RECEIPT: in the amount of $150.00, receipt number ; for filing fee (rlw, ) (Entered: 04/14/2003) 04/08/2003 SUMMONS ISSUED as to Grand Bank ; Macatawa Bank Corporation ; Thomas J. Smith ; Trade Partners, Inc. ; Christine M. Zmudka (rlw, ) (Entered: 04/14/2003) 04/08/ PROPOSED ORDER regarding appointing receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. (rlw, ) (Entered: 04/14/2003) 04/10/ Joint MOTION for order Delaying Consideration/Entry of Order Appointing Receiver by defendants Grand Bank, Macatawa Bank Corporation, Thomas J. Smith, Trade Partners, Inc., Christine M. Zmudka, plaintiff Michael J. Quilling ; (Attachments: # 1 Proposed Order Agreed Order Appointing Receiver) (tlb, ) (Entered: 04/16/2003) 04/14/ NOTICE REGARDING PUBLIC ACCESS directed to Arthur F. Selander, Robert F. Wardrop, II (rlw, ) (Entered: 04/14/2003) 04/14/ MOTION to withdraw His Name From Consideration as a Receiver for Trade Partners, Inc. by receiver Phillip S. Stenger ; (tlb, ) (Entered: 04/17/2003) 04/14/ PROOF OF SERVICE by plaintifffor Motion to Withdraw His Name From Consideration As a Receiver for Trade Partners, Inc. (tlb, ) Modified on 4/23/2003 (tlb, ). (Entered: 04/17/2003) 04/15/ Joint MOTION to appoint receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. ; (rlw, ) (Entered: 04/15/2003) 04/15/ PROPOSED STIPULATION and ORDER re 4 appointing receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. (rlw, ) (Entered: 04/15/2003) 04/15/ ORDER granting STIPULATION 5 appointing Bruce S. Kramer as Receiver; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 04/15/2003) 04/16/2003 Copy of Order on Stipulation and Proposed Order6 sent via U.S. Mail to Selander, Wardrop (tlb, ) (Entered: 04/16/2003)

8 Page 8 of 14 04/18/ MOTION to transfer case and Notification of Related Proceeding by plaintiff ; (Attachments: # 1 Proposed Order) (tlb, ) Modified on 4/23/2003 (tlb, ). (Entered: 04/22/2003) 04/21/ ORDER finding as moot 7 agreed motion to delay consideration/entry of order appointing receiver; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 04/21/2003) 04/21/ NOTICE OF VOLUNTARY DISMISSAL as to Macatawa Bank Corporation (tlb, ) (Entered: 04/23/2003) 04/22/2003 Copy of Order on Motion for Order10 sent via U.S. Mail to Horjus, Selander, Wardrop (tlb, ) (Entered: 04/22/2003) 04/22/ ATTORNEY APPEARANCE of Bruce S. Kramer on behalf of defendant Trade Partners, Inc. and as Receiver (tlb, ) Modified on 4/24/2003 (tlb, ). (Entered: 04/24/2003) 04/25/ MOTION to intervene and to Modify Order Appointing Receiver (Attachments: # 1 Exhibit EXHIBIT A# 2 Exhibit EXHIBIT B) (Moskal, James) (Entered: 04/25/2003) 04/25/ BRIEF in support of 14 Motion to Intervene and to Modify Order Appointing Receiver filed by Peter Sturrus (Attachments: # 1 Exhibit EXHIBIT A# 2 Exhibit EXHIBIT B) (Moskal, James) (Entered: 04/25/2003) 04/25/ PROOF OF SERVICE by intervenor-plaintiff Peter Sturrus re 14 Motion and Brief in Support of Motion to Intervene and to Modify Order Appointing Receiver (Moskal, James) (Entered: 04/25/2003) 04/30/ MOTION for order directing Insurance Companies to Provide Information, to Change Ownership of Policies and to Stay Policy Lapses by receiver Bruce S. Kramer ; (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (tlb, ) Additional attachment(s) added on 5/5/2003 (tlb, ). (Entered: 05/05/2003) 04/30/ MEMORANDUM in support of 17 Motion to Require Insurance Companies to Provide Information, to Change Ownership of Policies and to Stay Policy Lapses filed by Bruce S. Kramer (tlb, ) (Entered: 05/05/2003) 05/05/ RESPONSE in opposition re 14 Peter Sturrus' Motion to Intervene and to Modify Order Appointing Receiver filed by Michael J. Quilling (tlb, ) (Entered: 05/06/2003)

9 Page 9 of 14 05/07/ ORDER denying PROPOSED ORDER 2 requesting appointment of Phillip S. Stenger, granting 4 joint motion to appoint receiver Bruce S. Kramer; and granting 8 Phillip S. Stenger's motion to withdraw his name from consideration; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 05/07/2003) 05/07/ ORDER granting 11 notification of related proceeding and request to transfer case; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 05/07/2003) 05/09/2003 Copy of Order on Proposed Order,, Order on Motion to Appoint Receiver,, Order on Motion to Withdraw, 20, Order on Motion to Transfer Case21 sent via U.S. Mail to B. Kramer, R. Wardrop (rlw, ) (Entered: 05/09/2003) 05/09/ SUPPLEMENT re 14 BRIEF IN SUPPORT OF MOTION BY PETER STURRUS TO INTERVENE AND TO MODIFY ORDER APPOINTING RECEIVER by intervenor-plaintiff Peter Sturrus (Attachments: # 1 Exhibit A) (Moskal, James) (Entered: 05/09/2003) 05/09/ PROOF OF SERVICE by intervenor-plaintiff Peter Sturrus re 14 SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION BY PETER STURRUS TO INTERVENE AND TO MODIFY ORDER APPOINTING RECEIVER (Moskal, James) (Entered: 05/09/2003) 05/12/ RESPONSE in opposition re 14 to Motion by Peter Sturrus to Intervene and to Modify Order Appointing Receiver filed by Bruce S. Kramer (tlb, ) (Entered: 05/14/2003) 05/12/ ADMINISTRATIVE ORDER No that this case is reassigned to Judge Gordon J. Quist for all further proceedings; Judge Richard Alan Enslen to be assigned another case pursuant to approved procedure ; signed by Chief Judge Robert Holmes Bell (tlb, ) (Entered: 05/16/2003) 05/16/2003 Copy of Administrative Order Reassigning Case, 25 sent via U.S. Mail to Wardrop (tlb, ) (Entered: 05/16/2003) 05/16/ NOTICE re 17 by receiver Bruce S. Kramer (Attachments: # 1 Certificate of Service for Insurance Companies# 2 Letter regarding Attached to Order Rejecting) (mrs, ) (Entered: 06/05/2003) 05/21/ ORDER REJECTING PLEADING (proposed motion to Clarify and/or Modify Agreed Order and Supporting Brief) ; signed by Magistrate Judge Hugh W. Brenneman Jr. (Attachments: # 1 Proposed Document) (elc, ) (Entered: 05/22/2003)

10 Page 10 of 14 05/21/2003 Copy of Order Rejecting Pleading 26 sent via U.S. Mail to atty Wardrop; original pleadings returned to atty Quitman R. Ledyard (elc, ) (Entered: 05/22/2003) 05/22/ ADMINISTRATIVE ORDER No that this case is reassigned to Judge Richard Alan Enslen for all further proceedings; ; signed by Chief Judge Robert Holmes Bell (elc, ) (Entered: 05/22/2003) 05/22/ STIPULATION AND ORDER granting substitution of counsel ; signed by Judge Gordon J. Quist (elc, ) (Entered: 05/22/2003) 05/22/2003 Copy of Stipulation and Order re substitution of counsel 28] sent via U.S. Mail to atty Wardrop (elc, ) (Entered: 05/22/2003) 05/22/ Emergency MOTION for order (named as Authority to Enter Into an Agreement for Premium Funding) w/cert of svc by receiver Bruce S. Kramer ; (gjf, ) (Entered: 05/22/2003) 05/22/ NOTICE REGARDING PUBLIC ACCESS directed to atty Farr (elc, ) (Entered: 05/22/2003) 05/22/ MEMORANDUM in support of 29 filed by Bruce S. Kramer (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (gjf, ) (Entered: 05/22/2003) 05/22/ EXPERT REPORT (named as FIRST INTERIM REPORT) of Receiver Bruce S. Kramer submitted for filing by receiver Bruce S. Kramer (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5) (gjf, ) Modified on 5/22/2003 (gjf, ). (Entered: 05/22/2003) 05/23/ ORDER granting 29 Defendant Trade Partners, Inc.'s emergency motion, authorizing Receiver to enter into a loan with Macatawa Bank; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 05/23/2003) 05/23/2003 Copy of Order on Motion for Order33 sent via U.S. Mail to W. Farr, R. Wardrop (rlw, ) (Entered: 05/23/2003) 05/23/ MOTION to intervene to respond to receiver's motion w/memorandum in support and cert of svc (elc, ) Modified on 5/28/2003 (elc, ). Modified on 5/28/2003 (elc, ). Additional attachment(s) added on 5/28/2003 (elc, ). (Entered: 05/28/2003) 05/28/ ATTORNEY APPEARANCE of James R. Shinar on behalf of objectors Academy Life Insurance, Aegon USA, Inc., Aetna Life Insurance, American United Life Insurance

11 Page 11 of 14, Bankers United Life Assurance, CNA Life Insurance, Canada Life Assurance, The, Canada Life Insurance of America, Canada Life Insurance of New York, Canada Life Insurance, The, Continental Casualty, Crown Life Insurance, Greatwest Life Assurance, Greatwest Life Assurance and Annuity, J.C. Penney Life Insurance, Life Investors Insurance of America, Monumental Life Insurance, New York Life Insurance, Pacific Life Insurance, Pioneer Mutual Life Insurance, Prudential Insurance of America, State Life Insurance, The, Sun Life Assurance of Canada, Transamerica Assurance, Transamerica Life Insurance, Valley Forge Life Insurance, Veterans Life Insurance, Western Reserve Life Assurance Co. of Ohio (bd, ) (Entered: 05/30/2003) 05/28/ RESPONSE (OBJECTION) to Motion 17 Requiring Insurance Companies to Provide Information, to Change Ownership of Policies and to Stay Policy Lapses by objectors Academy Life Insurance, Aegon USA, Inc., Aetna Life Insurance, American United Life Insurance, Bankers United Life Assurance, CNA Life Insurance, Canada Life Assurance, The, Canada Life Insurance of America, Canada Life Insurance of New York, Canada Life Insurance, The, Continental Casualty, Crown Life Insurance, Greatwest Life Assurance, Greatwest Life Assurance and Annuity, J.C. Penney Life Insurance, Life Investors Insurance of America, Massachusetts Mutual Life Insurance, Monumental Life Insurance, New York Life Insurance, Pacific Life Insurance, Pioneer Mutual Life Insurance, Prudential Insurance of America, State Life Insurance, The, Sun Life Assurance of Canada, Transamerica Assurance, Transamerica Life Insurance, Valley Forge Life Insurance, Veterans Life Insurance, Western Reserve Life Assurance Co. of Ohio (Attachments: # 1 Exhibit A# 2 Certificate of Service) (bd, ) Modified on 6/10/2003 (mrs, ). (Entered: 06/04/2003) 06/03/ RESPONSE to motion re 17 requiring insurance complainies to provide information, to change ownership of policies and to stay policy lapses filed by Massachusetts Mutual Life Insurance (mrs, ) (Entered: 06/04/2003) 06/03/ PROOF OF SERVICE by objector Massachusetts Mutual Life Insurance re 36 (mrs, ) (Entered: 06/04/2003) 06/04/ SUPPLEMENT re 38 Objection to receiver's motion to require

12 Page 12 of 14 insurance companies to provide information, to change ownership of policies and to stay policy lapses by objectors Academy Life Insurance, Aegon USA, Inc., Aetna Life Insurance, American United Life Insurance, Bankers United Life Assurance, CNA Life Insurance, Canada Life Assurance, The, Canada Life Insurance of America, Canada Life Insurance of New York, Canada Life Insurance, The, Continental Casualty, Crown Life Insurance, Greatwest Life Assurance, Greatwest Life Assurance and Annuity, J.C. Penney Life Insurance, Life Investors Insurance of America, Massachusetts Mutual Life Insurance, Monumental Life Insurance, New York Life Insurance, Pacific Life Insurance, Pioneer Mutual Life Insurance, Prudential Insurance of America, State Life Insurance, The, Sun Life Assurance of Canada, Transamerica Assurance, Transamerica Life Insurance, Valley Forge Life Insurance, Veterans Life Insurance, Western Reserve Life Assurance Co. of Ohio (mrs, ) (Entered: 06/05/2003) 06/05/ NOTICE REGARDING PUBLIC ACCESS directed to attys Kramer, Shinar, Vartanian, and Ledyard (mrs, ) (Entered: 06/05/2003) 06/05/ MOTION to clarify re 6 Order Appointing Receiver by receiver Bruce S. Kramer ; (Attachments: # 1 Copy of Order Rejecting Pleading# 2 Proposed Order) (mrs, ) (Entered: 06/05/2003) 06/05/ MEMORANDUM in support of 42 motion to clarify or modify Order appointing receiver filed by Bruce S. Kramer (Attachments: # 1 Exhibit A# 2 Exhibit B) (mrs, ) (Entered: 06/05/2003) 06/05/ NOTICE OF MOTION HEARING regarding document numbers 14 and 34: motion hearing set for 6/26/2003 at 02:00 PM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/05/2003) 06/06/2003 Copy of Notice of Motion Hearing44 sent via U.S. Mail to attys Farr, Ledyard, Shinar, Vartanian, Wardrop, (mrs, ) (Entered: 06/06/2003) 06/06/ LETTER from Bruce Kramer, Receiver for Trade Partners, on behalf of others requesting a Pretrial Scheduling Conference (mrs, ) (Entered: 06/09/2003) 06/06/ RESPONSE to motion re 34 to intervene filed by Bruce S. Kramer (mrs, ) Modified on 6/10/2003 (mrs, ). (Entered: 06/10/2003)

13 Page 13 of 14 06/06/ REPLY to response to motion re 17 requiring insurance companies to provide information filed by Bruce S. Kramer (mrs, ) (Entered: 06/10/2003) 06/10/ ATTORNEY APPEARANCE of Ronald E Baylor on behalf of The Equitable Life Assurance Society of the United States (mrs, ) Modified on 6/10/2003 (mrs, ). (Entered: 06/10/2003) 06/10/ PROOF OF SERVICE by objector Equitable Life Assurance Society of the United States, The re 48 (mrs, ) (Entered: 06/10/2003) 06/10/ NOTICE REGARDING PUBLIC ACCESS directed to atty Baylor (mrs, ) (Entered: 06/10/2003) 06/10/ EMERGENCY MOTION for instructions and authority to use policy proceeds (EXPEDITED CONSIDERATION REQUESTED) w/certificate of service by receiver Bruce S. Kramer (mrs, ) (Entered: 06/11/2003) 06/10/ MEMORANDUM in support of 51 Emergency Motion for instructions and authority to use policy proceeds w/certificate of service filed by Bruce S. Kramer (Attachments: # 1 Exhibit 1# 2 Exhibit 2) (mrs, ) (Entered: 06/11/2003) 06/10/ LETTER from Jefferson Pilot Financial regarding receiver's moton requiring insurance companies to provide information (mrs, ) (Entered: 06/11/2003) 06/10/ FIRST INTRIM MOTION to allow and pay receiver's fees and expenses and attorneys' and other professional fees and expenses, and brief in support by receiver Bruce S. Kramer (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4) (mrs, ) (Entered: 06/12/2003) 06/10/ RESPONSE to motion re 42 clarify and/or modify agreed order appointing receiver filed by Trade Partners, Inc. (mrs, ) (Entered: 06/12/2003) 06/11/ RESPONSE to motion re 51 instruction and authority to use policy proceeds filed by Trade Partners, Inc. (mrs, ) (Entered: 06/12/2003) 06/11/ (RESPONSE) ANSWER to complaint and request for appointment of a receiver combined with brief in support by Trade Partners, Inc. (mrs, ) (Entered: 06/12/2003) 06/12/ ORDER re 51 Emergency Motion for Instructions and Authority to Use Policy Proceeds; Bruce S. Kramer shall immediately provide

14 Page 14 of 14 notice of his Emergency Motion and this Order to all interested parties; any interested party desiring to be heard shall file a responsive memorandum by June 16, 2003, at 5:00 with the Clerk in Kalamazoo, MI; the Emergency Motion will be heard on June 18, 2003 at 9:00 a.m.; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 06/12/2003) 06/12/2003 Copy of Order, 54 sent via U.S. Mail to attys Farr, Ledyard, Shinar, Vartanian and Wardrop (mrs, ) (Entered: 0) PACER Service Center Transaction Receipt 0 13:48:45 PACER Login: qs0002 Client Code: Description: Docket Report Case Number: 1:03-cv RAE Billable Pages: 7 Cost: 0.49