Western Reserve Life Assurance Co. of Ohio v. Canul et al

Filing 39

ORDER CONTINUING Status Conference, signed by Magistrate Judge Jennifer L. Thurston on 1/8/2013. Status Conference continued to 3/7/2013 at 09:00 AM at the United States Courthouse, 510 19th Street, Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WESTERN RESERVE LIFE ASSURANCE ) Case No.: 1:11-cv-01751 AWI JLT
)
CO. OF OHIO,
) ORDER CONTINUING STATUS CONFERENCE
)
Plaintiff,
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v.
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EDUARDO CANUL, et al.,
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Defendants.
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)_
)
On January 4, 2013, the parties filed a joint status report in which they report that the estate of

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the decedent has been opened but the administrator’s applications for the required bond has been

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denied by three insurance companies and the fourth insurance company has not yet responded. (Doc.

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38 at 2) There is no indication that there is reason to believe the fourth bond agent will provide the

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bond. Likely due to this, Mr. Beckwith has prepared a motion to file with the Probate Court seeking

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relief from the bond requirement. Id. Inexplicably, this motion has not yet been filed. Id.

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Given the status of this case, the funds cannot be paid into the probate estate and this current
matter cannot proceed. Therefore, the Court ORDERS:
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The status conference currently set on January 9, 2013 is continued to March 7, 2013

at 9:00 a.m. Appearance via CourtCall is permitted;

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2.

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A joint status report SHALL be filed by counsel no later than February 22, 2013.

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The Court expects that progress will be made by that time such that the administrator has posted a

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bond, the requirement for the bond has been lifted or counsel has sought the appointment of a

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successive administrator who is able to obtain a bond.

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IT IS SO ORDERED.

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Dated:

January 8, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

9j7khijed

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