Armstrong et al v. Symetra Life Insurance Co. et al

Filing 106

ORDER: On 9/30/2010, third-party defendants Bob and Beverly Armstrong filed a motion to dismiss or, alternatively, to remand to state court 104 . In accord with the order entered 5/10/2010 50 , any response to the pending motion shall be filed by 1 0/21/2010. Any reply, if necessary, shall be filed within 14 days of the filing of any response or by 11/4/2010, if the response is filed on 10/21/2010. After review of the parties' joint mediation report to be filed by 11/12/2010, as provided in the order entered 9/13/2010 95 , the file will be forwarded to the Honorable John T. Nixon, as appropriate, for his consideration of the pending motion, any response, and any reply. Signed by Magistrate Judge Juliet E. Griffin on 9/30/10. (dt)

Armstrong et al v. Symetra Life Insurance Co. et al

Doc. 106

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ROBERT D. ARMSTRONG f/k/a Robert D. Swan; and JOHN D. ARMSTRONG f/k/a John D. Swann, Plaintiffs v. STRUCTURED BENEFITS OF FLORIDA, Defendant and SYMETRA LIFE INSURANCE CO. f/k/a Safeco Life Insurance Company; TRAVELERS CASUALTY & SURETY CO.; TRAVELERS INDEMNITY COMPANY; and PACIFIC LIFE INSURANCE CO.,1 Defendants/Third-Party Plaintiffs v. BEVERLY ARMSTRONG; and BOB ARMSTRONG, Third-Party Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 3-08-0974

ORDER On September 30, 2010, third-party defendants Bob and Beverly Armstrong filed a motion to dismiss or, alternatively, to remand to state court (Docket Entry No. 104). In accord with the order entered May 10, 2010 (Docket Entry No. 50), any response to the pending motion shall be filed by October 21, 2010. Any reply, if necessary, shall be filed within 14 days of the filing of any response or by November 4, 2010, if the response is filed on October 21, 2010.

By order entered May 17, 2010 (Docket Entry No. 52), Travelers Casualty & Surety Company was substituted for Aetna Casualty & Surety Co., as originally named in the complaint, and Travelers Indemnity Company was substituted for St. Paul Travelers Casualty & Surety Co., as originally named in the complaint.

1

Dockets.Justia.com

After review of the parties' joint mediation report to be filed by November 12, 2010, as provided in the order entered September 13, 2010 (Docket Entry No. 95),2 the file will be forwarded to the Honorable John T. Nixon, as appropriate, for his consideration of the pending motion, any response, and any reply. It is so ORDERED.

JULIET GRIFFIN United States Magistrate Judge

In their motion for extension of time (Docket Entry No. 100), the Armstrongs indicated that they remain willing to participate in the mediation scheduled on November 9, 2010. 2

2