Free Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:00-cv-01910-EBB

Document 39

Filed 04/15/2005

Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, Plaintiff, v. $140,000.00 IN UNITED STATES CURRENCY SEIZED FROM ACCOUNT NO. 1215701749, HELD IN THE NAME OF ARTHUR F. GRANT, AT BANK OF AMERICA, ROLLING HILLS, CALIFORNIA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil No. 3:00CV01910 EBB

RECEIVER-CLAIMANTS' MOTION FOR EXTENSION OF SCHEDULING ORDER DEADLINES COME NOW GEORGE DALE, Commissioner of Insurance for the State of Mississippi, in his official capacity as Receiver of Franklin Protective Life Insurance Company ("FPL"), Family Guaranty Life Insurance Company ("FGL"), and First National Life Insurance Company of America (collectively "FNL"), PAULA A. FLOWERS, Commissioner of Commerce and Insurance for the State of Tennessee, in her official capacity as Receiver of Franklin American Life Insurance Company ("FAL"), KIM HOLLAND, Insurance Commissioner for the State of Oklahoma, in his official capacity as Assistant Receiver of Farmers and Ranchers Life Insurance Company in Liquidation ("F&RL"), MIKE PICKENS, Insurance Commissioner for the State of Arkansas, in his official capacity as Receiver of Old Southwest Life Insurance Company ("OSL"), W. DALE FINKE, Director of the Department of Insurance for the State of Missouri, in his official capacity as Receiver of International Financial Services Life Insurance Company ("IFS"), (collectively, the "Receivers or Claimants"), and request that the Court extend the deadlines in its original Scheduling Order an additional sixty (90) days for the following reasons:

KC-1283190-1

Case 3:00-cv-01910-EBB

Document 39

Filed 04/15/2005

Page 2 of 5

1.

The Receiver-Claimants served cross-claims on Arthur Grant on February 11,

2005. To date they have receive no answer. 2. If the cross-claim defendant defaults, the Receiver-Claimants intend to file a

motion for summary judgment which, if granted, may eliminate the need for further discovery or trial preparation. 3. Counsel for the Receiver-Claimants has contacted the United States Attorney's

office and obtained its consent to the requested extension. 4. No parties will be prejudiced as a result of the requested extension.

WHEREFORE, the Receiver-Claimants move the Court to extend all deadlines in the Court's Scheduling Order an additional 90 days to permit the parties to conduct discovery and to grant such other and further relief as the Court deems appropriate. Respectfully submitted, this the 15th day of April, 2005.

/s/ James A. Lenes James A. Lenes Fed. Bar No. 10408 Neubert, Pepe & Monteith, P.C. 195 Church Street, 13th Floor New Haven, Connecticut 06510-2026 Telephone: (203) 821-2000 Facsimile: (203) 821-2009 Of Counsel Alan F. Curley C. Philip Curley Cynthia H. Hyndman ROBINSON CURLEY & CLAYTON, P.C. 300 South Wacker Drive, Suite 1700 Chicago, Illinois 60606 Ph (312) 663-3100 and

KC-1283190-1

2

Case 3:00-cv-01910-EBB

Document 39

Filed 04/15/2005

Page 3 of 5

Douglas J. Schmidt MO # 34266 Terrance M. Summers MO # 38319 Patrick A. McInerney MO # 37638 Blackwell Sanders Peper Martin LLP 4801 Main, Suite 1000 Kansas City, Missouri 64112 Tel (816) 983-8000 Fax (816) 983-8080 Counsel for W. DALE FINKE, Director of the Department of Insurance for the State of Missouri, in his official capacity as Receiver of INTERNATIONAL FINANCIAL SERVICES LIFE INSURANCE COMPANY and Charles G. Copeland (MS Bar #6516) Rebecca Jordan (MS Bar #99611) COPELAND, COOK, TAYLOR & BUSH, P.A. P.O. Box 6020 Ridgeland, Mississippi 39158 Ph (601) 856-7200 Fx (601) 856-7626 Counsel for GEORGE DALE, Commissioner of Insurance for the State of Mississippi, in his official capacity as Receiver of FRANKLIN PROTECTIVE LIFE INSURANCE COMPANY, FAMILY GUARANTY LIFE INSURANCE COMPANY, and FIRST NATIONAL LIFE INSURANCE COMPANY OF AMERICA and Andrew B. Campbell (TN 14258, CT Fed. 21433) Graham Matherne, Esq. WYATT, TARRANT & COMBS, LLP 2525 West End Avenue, Suite 1500 Nashville, Tennessee 37203-1423 Ph (615) 244-0020 Fx (615) 251-6661 Counsel for PAULA A. FLOWERS, Commissioner of Commerce and Insurance for the State of Tennessee, in her official capacity as Receiver of FRANKLIN AMERICAN LIFE INSURANCE COMPANY

KC-1283190-1

3

Case 3:00-cv-01910-EBB

Document 39

Filed 04/15/2005

Page 4 of 5

and Susan B. Loving, Esq. LESTER, LOVING AND DAVIES 1701 South Kelly Edmond, Oklahoma 73013 Ph (405) 844-9900 Fx (405) 844-9958 Counsel for KIM HOLLAND, Insurance Commissioner for the State of Oklahoma, in his official capacity as Receiver of FARMERS AND RANCHERS LIFE INSURANCE COMPANY and Steve A. Uhrynowycz, Esq. Arkansas Insurance Department Liquidation Division 1023 W. Capitol Avenue, Suite 2 Little Rock, Arkansas 72201-1904 Ph (501) 371-2776 Fx (501) 374-0101 Counsel for MIKE PICKENS, Insurance Commissioner for the State of Arkansas, in his official capacity as Receiver of OLD SOUTHWEST LIFE INSURANCE COMPANY Attorneys for Claimants

KC-1283190-1

4

Case 3:00-cv-01910-EBB

Document 39

Filed 04/15/2005

Page 5 of 5

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was delivered on this 15th day of April, 2005, via United States mail, first-class postage prepaid, to: John A. Danaher, III United States Attorney John B. Hughes Assistant U. S. Attorney Chief, Civil Division David X. Sullivan Assistant United States Attorney P.O. Box 1824 New Haven, CT 06508 Attorneys for Plaintiff United States of America David N. Rosen Rosen & Dolan, P.C. 400 Orange Street New Haven, CT 06511 Attorneys for Claimants Peoples, Veterans, Huff Cook and Settlers J. Stanley Sanders Law Offices of J. Stanley Sanders 2015 Wellington Road Los Angeles, CA 90016 Attorney for Arthur F. Grant

/s/ James A. Lenes James A. Lenes Neubert, Pepe & Monteith, P.C.

KC-1283190-1

5