Page 1 of 14 United States District Court Western District of Michigan (Grand Rapids) CIVIL DOCKET FOR CASE #: 1:03-cv-00236-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 49201 (517) 787-4100 Email: pbates@marcouxallen.com represented by John H. Schomer plaintiff ----------------------- Michael J. Quilling represented by Arthur F. Selander Quilling, Selander, Cummiskey & Lownds, P.C. 2001 Bryan Street, Ste. 1800 Dallas, TX 75201-4240 (214) 871-2100 Email: aselander@qsclpc.com V. intervenor-plaintiff -----------------------
Page 2 of 14 Peter Sturrus represented by William S. Farr Farr, Oosterhouse & Krissoff 125 Ottawa Ave., NW, Ste. 333 Grand Rapids, MI 49503 (616) 459-3355 Fax : (616) 235-3350 James Moskal Warner, Norcros & Judd LLP 900 Fifth Third Center 111 Lyon St., NW Grand Rapids, MI 49503-2489 (616) 752-2000 Email: 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 49503 (616) 459-1225 Bruce S. Kramer Borod & Kramer, P.C. 245 Wagner Pl., Ste. 350 Memphis, TN 38103 (901) 524-0200 Email: bkramer@borodandkramer.com Macatawa Bank Corporation TERMINATED: 04/21/2003 Grand Bank Thomas J. Smith Christine M. Zmudka objector -----------------------
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 49024 (269) 323-0200 nka Life Investors Insurance of America J.C. Penney Life Insurance
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,
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 48104-5507 (734) 623-1690
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 49007 usa (269) 381-7030 Email: baylor@millercanfield.com V. receiver ----------------------- Bruce S. Kramer represented by Quitman R. Ledyard Borod & Kramer, P.C. 245 Wagner Pl., Ste. 350 Memphis, TN 38103 (901) 524-0200 Filing Date # Docket Text 04/08/2003 1 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
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 336023; 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) 04/08/2003 2 PROPOSED ORDER regarding appointing receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. (rlw, ) (Entered: 04/14/2003) 04/10/2003 7 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) 04/14/2003 3 NOTICE REGARDING PUBLIC ACCESS directed to Arthur F. Selander, Robert F. Wardrop, II (rlw, ) (Entered: 04/14/2003) 04/14/2003 8 MOTION to withdraw His Name From Consideration as a Receiver for Trade Partners, Inc. by receiver Phillip S. Stenger ; (tlb, ) (Entered: 04/17/2003) 04/14/2003 9 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) 04/15/2003 4 Joint MOTION to appoint receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. ; (rlw, ) (Entered: 04/15/2003) 04/15/2003 5 PROPOSED STIPULATION and ORDER re 4 appointing receiver by plaintiff Michael J. Quilling, defendant Trade Partners, Inc. (rlw, ) (Entered: 04/15/2003) 04/15/2003 6 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)
Page 8 of 14 04/18/2003 11 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) 04/21/2003 10 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) 04/21/2003 12 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) 04/22/2003 13 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) 04/25/2003 14 MOTION to intervene and to Modify Order Appointing Receiver (Attachments: # 1 Exhibit EXHIBIT A# 2 Exhibit EXHIBIT B) (Moskal, James) (Entered: 04/25/2003) 04/25/2003 15 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) 04/25/2003 16 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) 04/30/2003 17 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) 04/30/2003 18 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) 05/05/2003 19 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)
Page 9 of 14 05/07/2003 20 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) 05/07/2003 21 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) 05/09/2003 22 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) 05/09/2003 23 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) 05/12/2003 24 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) 05/12/2003 25 ADMINISTRATIVE ORDER No. 03-030 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) 05/16/2003 41 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) 05/21/2003 26 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)
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) 05/22/2003 27 ADMINISTRATIVE ORDER No. 03-032 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) 05/22/2003 28 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) 05/22/2003 29 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) 05/22/2003 30 NOTICE REGARDING PUBLIC ACCESS directed to atty Farr (elc, ) (Entered: 05/22/2003) 05/22/2003 31 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) 05/22/2003 32 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) 05/23/2003 33 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) 05/23/2003 34 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) 05/28/2003 35 ATTORNEY APPEARANCE of James R. Shinar on behalf of objectors Academy Life Insurance, Aegon USA, Inc., Aetna Life Insurance, American United Life Insurance
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) 05/28/2003 38 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) 06/03/2003 36 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) 06/03/2003 37 PROOF OF SERVICE by objector Massachusetts Mutual Life Insurance re 36 (mrs, ) (Entered: 06/04/2003) 06/04/2003 39 SUPPLEMENT re 38 Objection to receiver's motion to require
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) 06/05/2003 40 NOTICE REGARDING PUBLIC ACCESS directed to attys Kramer, Shinar, Vartanian, and Ledyard (mrs, ) (Entered: 06/05/2003) 06/05/2003 42 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) 06/05/2003 43 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) 06/05/2003 44 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) 06/06/2003 45 LETTER from Bruce Kramer, Receiver for Trade Partners, on behalf of others requesting a Pretrial Scheduling Conference (mrs, ) (Entered: 06/09/2003) 06/06/2003 46 RESPONSE to motion re 34 to intervene filed by Bruce S. Kramer (mrs, ) Modified on 6/10/2003 (mrs, ). (Entered: 06/10/2003)
Page 13 of 14 06/06/2003 47 REPLY to response to motion re 17 requiring insurance companies to provide information filed by Bruce S. Kramer (mrs, ) (Entered: 06/10/2003) 06/10/2003 48 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) 06/10/2003 49 PROOF OF SERVICE by objector Equitable Life Assurance Society of the United States, The re 48 (mrs, ) (Entered: 06/10/2003) 06/10/2003 50 NOTICE REGARDING PUBLIC ACCESS directed to atty Baylor (mrs, ) (Entered: 06/10/2003) 06/10/2003 51 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) 06/10/2003 52 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) 06/10/2003 53 LETTER from Jefferson Pilot Financial regarding receiver's moton requiring insurance companies to provide information (mrs, ) (Entered: 06/11/2003) 06/10/2003 57 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) 06/10/2003 58 RESPONSE to motion re 42 clarify and/or modify agreed order appointing receiver filed by Trade Partners, Inc. (mrs, ) (Entered: 06/12/2003) 06/11/2003 55 RESPONSE to motion re 51 instruction and authority to use policy proceeds filed by Trade Partners, Inc. (mrs, ) (Entered: 06/12/2003) 06/11/2003 56 (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) 06/12/2003 54 ORDER re 51 Emergency Motion for Instructions and Authority to Use Policy Proceeds; Bruce S. Kramer shall immediately provide
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: 911.05 Description: Docket Report Case Number: 1:03-cv-00236-RAE Billable Pages: 7 Cost: 0.49