DALE v. COLAGIOVANNI

No. CIV.A.3:01 CV 663BN.

337 F.Supp.2d 825 (2004)

George DALE, et al. Plaintiffs v. Emilio COLAGIOVANNI, et al. Defendants

United States District Court, S.D. Mississippi, Jackson Division.

September 22, 2004.


Attorney(s) appearing for the Case

Charles Greg Copeland, Robert C. Richardson, Janet G. Arnold, Copeland, Cook, Taylor & Bush, Ridgeland, MS, Alan F. Curley, Cynthia H. Hyndman, Elizabeth J. Hubertz, Robinson, Curley & Clayton, P.C., Chicago, IL, Scott B. Ostrow, Wyatt, Tarrant & Combs, Memphis, TN, William W. Gibson, J. Graham Matherne, Andrew B. Campbell, Wyatt, Tarrant & Combs, Nashville, TN, Douglas J. Schmidt, Patrick A. McInerney, Blackwell, Sanders, Peper, Martin, LLP, Kansas City, MO, Susan B. Loving, Lester, Loving & Davies, PC, Edmond, OK, Steve A. Uhrynowycz, Arkansas Insurance Department, Liquidation Division, Little Rock, AR, for George Dale, Commissioner of Insurance for the state of MS, in his official capacity as receiver of Franklin Protective Life Ins. Co., Family Guaranty Life Ins. Co., and First National Life Ins. Co. of America, Anne B. Pope, Commissioner of Commerce and Ins. for the State of TN, in her official capacity as received of Franklin American Life Ins. Co., Scott B. Lakin, Director of the Department of Ins. for the State of Missouri, in his official capacity as receiver of International Financial Services Life Ins. Co., Carroll Fisher, Insurance Commissioner for the State of Oklahoma, in his official capacity as receiver of Farmers and Ranchers Life Ins. Co., Mike Pickens, Insurance Commissioner for the State of Arkansas, in his official capacity as receiver of Old Southwest Life Ins. Co., plaintiffs.

Charles R. Wilbanks, Jr., Wells, Moore, Simmons & Hubbard, Jackson, Thomas A. Pistone, Pistone & Wolder, LLP, Irvine, CA, Daniel J. Mulholland, Alan Walter Perry, Jason D. Watkins, Forman, Perry, Watkins, Krutz & Tardy, Jackson, MS, John N. Quisenberry, The Quisenberry Law Firm, PC, Los Angeles, CA, J. Clifton Johnson, II, Pigott, Reeves, Johnson & Minor, P.A., Jackson, Kurt F. Zimmerman, Nathan M. Silverstein, Silverstein & Osach, P.C., New Haven, CT, W. Thomas McCraney, III, McCraney & Montagnet, PLLC, Jackson, Jeffrey S. Lena, Law Offices of Jeffrey S. Lena, Berkeley, CA, Alexis J.N. Haller, Mary McNamara, Swanson & McNamara, LLP, San Francisco, CA, Frank W. Trapp, Christopher R. Maddux, Phelps Dunbar, Jackson, for Emilio Colagiovanni, Monitor Ecclesiasticus Foundation, Monex Deposit Company, Edward David Collins, Thomas Corbally, Endurance Investments, Ltd., Holy See, aka Vatican City State, Monitor Ecclesiasticus Foundation, Caldwell & Caldwell, James Caldwell, Jr., James Caldwell, III, defendants.


OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on the following Motions:

1) the Motion of the Vatican to Dismiss for Lack of Subject Matter Jurisdiction;

2) the Motion of the Vatican to Extend Time to Serve Reply Brief in Support of Motion to Dismiss; and

3) the Motion of the Vatican to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6).

Having considered the Motions, Responses and...

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