CMFG Life Insurance Company et al. v. RBS Securities, Inc.

Filing 743

Transmission of Notice of Appeal, Appeal Information Sheet, Docketing Statement, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 741 Notice of Appeal, (Attachments: # 1 Appeal Information Sheet, # 2 Docketing Statement, # 3 Order #245, # 4 Order #736, # 5 Judgment, # 6 Docket Sheet) (lak)

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No. 14-_____ IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT CMFG LIFE INSURANCE COMPANY, CUMIS INSURANCE SOCIETY, INC., and MEMBERS LIFE INSURANCE COMPANY, On Appeal from the United States District Court for the Western District of Wisconsin Plaintiffs-Appellants, Case No. 12-cv-00037 v. Hon. William M. Conley RBS SECURITIES INC., Defendant-Appellee. PLAINTIFFS-APPELLANTS’ DOCKETING STATEMENT Pursuant to Seventh Circuit Rules 3(c)(1) and 28(a), all three plaintiffsappellants—CMFG Life Insurance Company, CUMIS Insurance Society, Inc., and MEMBERS Life Insurance Company—respectfully submit this docketing statement to accompany their notice of appeal filed today, August 27, 2014. I. Jurisdiction of the District Court Plaintiffs-appellants brought state-law claims for rescission of their purchases from defendant-appellee of approximately $70 million in residential mortgage-backed securities. The district court had subject-matter jurisdiction pursuant to 28 U.S.C. § 1332(a), because complete diversity exists between the parties and the amount in controversy exceeds $75,000. Plaintiff CMFG Life Insurance Company (“CMFG”) is an Iowa corporation with its principal place of business in Madison, Wisconsin. (CMFG is the successor to CUNA Mutual Life Insurance Company, which was, during 2004-2007, an Iowa corporation with its principal place of business in Waverly, Iowa.) Plaintiff CUMIS Insurance Society, Inc. is an Iowa corporation with its principal place of business in Madison, Wisconsin, and is an indirect, whollyowned subsidiary of CMFG. Plaintiff MEMBERS Life Insurance Company is an Iowa corporation with its principal place of business in Madison, Wisconsin, and is an indirect, whollyowned subsidiary of CMFG. Defendant RBS Securities, Inc. is a Delaware corporation with its headquarters and principal place of business in Stamford, Connecticut. II. Jurisdiction of the Court of Appeals This Court has appellate jurisdiction pursuant to 28 U.S.C. §§ 1291 & 1294. The district court entered Final Judgment on July 29, 2014 (ECF No. 740). No post-judgment motions have been filed by any party. Plaintiffs-appellants timely filed their notice of appeal today, August 27, 2014 (ECF 741). 2 III. Counsel of Record The undersigned, David C. Frederick, should be designated counsel of record for all plaintiffs-appellants. /s/ David C. Frederick David C. Frederick Silvija A. Strikis Scott K. Attaway Caitlin S. Hall Whitney C. Cloud Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. 1615 M St., N.W., Suite 400 Washington, D.C. 20036 (202) 326-7900 dfrederick@khhte.com sstrikis@khhte.com sattaway@khhte.com chall@khhte.com wcloud@khhte.com Stephen M. Tillery Greg G. Gutzler Steven M. Berezney Korein Tillery, LLC 505 North 7th Street, Suite 3600 St. Louis, MO 63101 (314) 241-4844 stillery@koreintillery.com ggutzler@koreintillery.com sberezney@koreintillery.com George A. Zelcs Korein Tillery, LLC 205 North Michigan, Suite 1950 Chicago, IL 60601 (312) 641-9750 gzelcs@koreintillery.com August 27, 2014 Counsel for Plaintiffs-Appellant 3

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