AXA EQUITABLE LIFE INSURANCE CO. v. INFINITY FINANCIAL GROUP, LLC

Case No. 08-80611-CV-HURLEY/HOPKINS.

AXA EQUITABLE LIFE INSURANCE CO., et al., Plaintiffs, v. INFINITY FINANCIAL GROUP, LLC, et al., Defendants.

United States District Court, S.D. Florida.

February 23, 2012.


Attorney(s) appearing for the Case

AXA Equitable Life Insurance Company, Plaintiff, represented by Gary John Guzzi , Akerman Senterfitt, Suntrust International Center, Michael D. Mulvaney , Maynard Cooper & Gale, PRO HAC VICE, Antonio DeJesus Morin , Akerman Senterfitt, Christopher C. Frost , Maynard Cooper & Gale, PRO HAC VICE & John Norman Bolus , Maynard Cooper & Gale, PRO HAC VICE.

Gill Accumulation Trust, Plaintiff, represented by Elise A. Yablonski , Proskauer Rose, LLP, PRO HAC VICE, John E. Failla , Proskauer Rose, LLP, PRO HAC VICE, Jonathan Galler , Proskauer Rose, Lisa A. Bauer , Proskauer Rose LLP, PRO HAC VICE, Matthew Henry Triggs , Proskauer Rose, Nathan R. Lander , Proskauer Rose, LLP, PRO HAC VICE & Stephanie Reed Traband , Jones Walker.

Infinity Financial Group, LLC, and its unmaned network of investors;, Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Steven Brasner, individually and as principal of Infinity Financial Group, LLC, Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A., Lawrence Phillip Ingram , Phelps Dunbar, LLP & Jessica Kirkwood Alley , Phelps Dunbar, PRO HAC VICE.

Kevin H Bechtel, individually and as principal of the Kevin H. Bechtel Broker General Agency of Life Brokerage Partners LLC, Defendant, represented by Charles Germain Geitner , Hinshaw & Culbertson, Kelly B. Holbrook , Broad & Cassel & Zachary Adam Harrington , Hinshaw & Culbertson.

Gary Richardson, individually and as principal of the Gary Richardson Broker General Agency of Life Brokerage Equity Group and Life Brokerage Financial Group;, Defendant, represented by Charles Germain Geitner , Hinshaw & Culbertson, Kelly B. Holbrook , Broad & Cassel & Zachary Adam Harrington , Hinshaw & Culbertson.

The Harlan Altman Insurance Trust Dated September 1, 2006, by and through its Trustees; The Walter Glass 2006 Insurance Trust Dated September 1, 2006 by and through its Trustees; The Carol Sciolino 2006 Life Insurance Trust dated December 19,2006 by and through its Trustees; Kristine M. Neuhauser and Naticity, Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

The Geoffrey Glass 2007-1 Insurance Trust dated January 1, 2007, by and through its Trustee; the Goeffrey Glass 2007-2 Insurance Trust Dated January 1, 2007 by and through its Trustees; Walter Glass and Greatbanc Trust Company as Trustees of the Geoffrey Glass 2007-1 Insurance Trust Dated January 1, 2007, Defendant, represented by Jonathan Galler , Proskauer Rose & Matthew Henry Triggs , Proskauer Rose.

Harlan Altman, Individually, Defendant, represented by Stephanie Reed Traband , Jones Walker.

Geoffrey Glass, Defendant, Pro Se.

Walter Glass, Defendant, Pro Se.

Carol Sciolino, individually, Defendant, represented by James D. Sallah , Sallah & Cox LLC & Joshua Arnold Katz , Sallah & Cox, LLC.

Infinity Wealth Advisors, LLC, Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Boynton Beach, LLC, Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Wealth and Investments, LLC, Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Wealth and Insurance LLC, Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Wealth and Tax, LLC, Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Wealth and Marketing, LLC, Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Kristine M Neuhauser, Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

The Walter Glass 2006 Insurance Trust dated September 1, 2006, Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

The Carol Sciolino 2006 Life Insurance Trust dated December 19, 2006, Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

NatCity Trust Company of Delaware, as Trustee, Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

The Geoffrey Glass 2007-2 Insurance Trust dated January 1, 2007, Defendant, represented by Jonathan Galler , Proskauer Rose & Matthew Henry Triggs , Proskauer Rose.

Walter Glass, Defendant, Pro Se.

Greatbanc Trust Company, solely as Administrative Trustee of the Geoffrey Glass 2007-1 Insurance Trust dated January 1, 2007 and the Geoffrey Glass 2007-2 Insurance Trust dated January 1, 2007, Defendant, represented by James Thomas Ferrara , Shraiberg, Ferrara & Landau, P.A..

Life Brokerage Equity Group, Inc., Defendant, represented by Charles Germain Geitner , Hinshaw & Culbertson, Kelly B. Holbrook , Broad & Cassel & Zachary Adam Harrington , Hinshaw & Culbertson.

The Geoffrey Glass 2007-2 Insurance Trust dated January 1, 2007, Counter Claimant, represented by Jonathan Galler , Proskauer Rose & Matthew Henry Triggs , Proskauer Rose.

The Geoffrey Glass 2007-1 Insurance Trust dated January 1, 2007, by and through its Trustee; the Goeffrey Glass 2007-2 Insurance Trust Dated January 1, 2007 by and through its Trustees; Walter Glass and Greatbanc Trust Company as Trustees of the Geoffrey Glass 2007-1 Insurance Trust Dated January 1, 2007, Counter Claimant, represented by Jonathan Galler , Proskauer Rose & Matthew Henry Triggs , Proskauer Rose.

AXA Equitable Life Insurance Company, Counter Defendant, represented by Gary John Guzzi , Akerman Senterfitt, Michael D. Mulvaney , Maynard Cooper & Gale, Antonio DeJesus Morin , Akerman Senterfitt, Christopher C. Frost , Maynard Cooper & Gale & John Norman Bolus , Maynard Cooper & Gale.

Greatbanc Trust Company, solely as Administrative Trustee of the Geoffrey Glass 2007-1 Insurance Trust dated January 1, 2007 and the Geoffrey Glass 2007-2 Insurance Trust dated January 1, 2007, Cross Claimant, represented by James Thomas Ferrara , Shraiberg, Ferrara & Landau, P.A..

Harlan Altman, Individually, Cross Defendant, represented by Stephanie Reed Traband , Jones Walker.

Geoffrey Glass, Cross Defendant, Pro Se.

Kristine M Neuhauser, Cross Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

The Walter Glass 2006 Insurance Trust dated September 1, 2006, Cross Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

The Carol Sciolino 2006 Life Insurance Trust dated December 19, 2006, Cross Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

NatCity Trust Company of Delaware, as Trustee, Cross Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

The Geoffrey Glass 2007-2 Insurance Trust dated January 1, 2007, Cross Defendant, represented by Jonathan Galler , Proskauer Rose & Matthew Henry Triggs , Proskauer Rose.

Carol Sciolino, individually, Cross Defendant, represented by James D. Sallah , Sallah & Cox LLC & Joshua Arnold Katz , Sallah & Cox, LLC.

Walter Glass, Cross Defendant, Pro Se.

Life Brokerage Equity Group, Inc., Cross Defendant, represented by Charles Germain Geitner , Hinshaw & Culbertson, Kelly B. Holbrook , Broad & Cassel & Zachary Adam Harrington , Hinshaw & Culbertson.

Infinity Financial Group, LLC, and its unmaned network of investors;, Cross Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Steven Brasner, individually and as principal of Infinity Financial Group, LLC, Cross Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A., Lawrence Phillip Ingram , Phelps Dunbar, LLP & Jessica Kirkwood Alley , Phelps Dunbar.

Kevin H Bechtel, individually and as principal of the Kevin H. Bechtel Broker General Agency of Life Brokerage Partners LLC, Cross Defendant, represented by Charles Germain Geitner , Hinshaw & Culbertson, Kelly B. Holbrook , Broad & Cassel & Zachary Adam Harrington , Hinshaw & Culbertson.

Gary Richardson, individually and as principal of the Gary Richardson Broker General Agency of Life Brokerage Equity Group and Life Brokerage Financial Group;, Cross Defendant, represented by Charles Germain Geitner , Hinshaw & Culbertson, Kelly B. Holbrook , Broad & Cassel & Zachary Adam Harrington , Hinshaw & Culbertson.

The Harlan Altman Insurance Trust Dated September 1, 2006, by and through its Trustees; The Walter Glass 2006 Insurance Trust Dated September 1, 2006 by and through its Trustees; The Carol Sciolino 2006 Life Insurance Trust dated December 19,2006 by and through its Trustees; Kristine M. Neuhauser and Naticity, Cross Defendant, represented by Mitchell Reid Bloomberg , Hinshaw & Culbertson LLP, Natalie Jessica Carlos , Carlton Fields P.A. & Neil Preston Linden , GrayRobinson, P.A..

Infinity Wealth Advisors, LLC, Cross Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Boynton Beach, LLC, Cross Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Wealth and Investments, LLC, Cross Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Wealth and Insurance LLC, Cross Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Wealth and Tax, LLC, Cross Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

Infinity Wealth and Marketing, LLC, Cross Defendant, represented by Ira Gutt , Behar, Gutt & Glazer, P.A..

The Geoffrey Glass 2007-1 Insurance Trust dated January 1, 2007, by and through its Trustee; the Goeffrey Glass 2007-2 Insurance Trust Dated January 1, 2007 by and through its Trustees; Walter Glass and Greatbanc Trust Company as Trustees of the Geoffrey Glass 2007-1 Insurance Trust Dated January 1, 2007, Cross Defendant, represented by Jonathan Galler , Proskauer Rose & Matthew Henry Triggs , Proskauer Rose.

Greatbanc Trust Company, solely as Administrative Trustee of the Geoffrey Glass 2007-1 Insurance Trust dated January 1, 2007 and the Geoffrey Glass 2007-2 Insurance Trust dated January 1, 2007, Counter Claimant, represented by James Thomas Ferrara , Shraiberg, Ferrara & Landau, P.A..

AXA Equitable Life Insurance Company, Counter Defendant, represented by Gary John Guzzi , Akerman Senterfitt, Michael D. Mulvaney , Maynard Cooper & Gale, Antonio DeJesus Morin , Akerman Senterfitt, Christopher C. Frost , Maynard Cooper & Gale & John Norman Bolus , Maynard Cooper & Gale.


ORDER GRANTING PLAINTIFFS' MOTIONS TO LIFT STAYS, REOPENING CASE & DIRECTING SUBMISSION OF JOINT STATUS REPORT

DANIEL T. K. HURLEY, District Judge.

THIS CAUSE comes before the Court upon the motions of Plaintiffs GIII Accumulation Trust ("GIII") to lift the stay on this action as a whole [DE # 225] and of AXA Equitable Life Insurance Company ("AXA") to lift the court-ordered stay of arbitration [DE # 226].

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