Kumm et al v. Phoenix Life Insurance et al

Filing 76

ORDER - This matter is before the court on the motion for an immediate progression hearing regarding status of deposition and consolidation by the Defendants/Third Party Plaintiffs in Case No. 8:08CV290 and the Plaintiffs in Case No. 8:08CV368 (Filin g No. 136 in 8:08CV290; Filing No. 71 in 8:08CV368). The court held a telephone conference with counsel on August 24, 2009. Counsel for all parties participated. The parties requested the deconsolidation of these matters to accommodate schedul ed depositions. There being no objection, these cases are ordered deconsolidated and the court's order of August 17, 2009 (Filing No. 128 in Case No. 8:08CV290 and FilingNo. 69 in Case No. 8:08CV368) is vacated. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA BEN KUMM; GLEN R. KUMM; JANICE KUMM and DEANN KUMM, individually and as co-personal representatives of the ESTATE OF GAYLORD KUMM; ESTATE OF GAYLORD KUMM; and STARR KUMM n/k/a Starr Wallace, ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) PHOENIX LIFE INSURANCE COMPANY ) and PHL VARIABLE INSURANCE ) COMPANY, ) ) Defendants. ) ________________________________ ) SUN LIFE ASSURANCE COMPANY ) OF CANADA, ) ) Plaintiff, ) ) v. ) ) JANICE KUMM AND DEANN KUMM, ) as co-personal representatives of ) the ESTATE OF GAYLORD KUMM; ) DEANN KUMM, individually; ESTATE ) OF GAYLORD KUMM; BEN KUMM, ) individually, GLEN R. KUMM, ) individually; and STARR KUMM n/ka ) Starr Wallace, individually, ) ) Defendants and ) Third-Party Plaintiff, ) ) v. ) ) GERALD BRYCE, JAMES GRENDELL, ) BRYAN REIL, and PARADIGM ) FINANCIAL SERVICES, LLC, ) ) Third-Party Defendants. )

8:08CV368

ORDER

8:08CV290

This matter is before the court on the motion for an immediate progression hearing regarding status of deposition and consolidation by the Defendants/Third Party Plaintiffs in Case No. 8:08CV290 and the Plaintiffs in Case No. 8:08CV368 (Filing No. 136 in 8:08CV290; Filing No. 71 in 8:08CV368). The court held a telephone conference with counsel on August 24, 2009. Counsel for all parties participated. The parties requested the deconsolidation of these matters to accommodate scheduled depositions. There being no objection, these cases are ordered deconsolidated and the court's order of August 17, 2009 (Filing No. 128 in Case No. 8:08CV290 and Filing No. 69 in Case No. 8:08CV368) is vacated. IT IS SO ORDERED. DATED this 24th day of August, 2009. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge

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