National Mechanical Services, Inc v. Kinsale Insurance Company et al
| National Mechanical Services, Inc. |
| Kinsale Insurance Company, Mercer Insurance Company and Does 1-50 |
| 3:2022cv00576 |
| April 25, 2022 |
| US District Court for the Southern District of California |
| Cathy Ann Bencivengo |
| Andrew G Schopler |
| Andrew G xSchopler |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on October 4, 2022. A more recent docket listing may be available from PACER.
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Filing 32
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is that Kinsales motion to dismiss the FAC is GRANTED. Further, because Onward has not filed a lawsuit against NMS, any further amendment would be futile. The FAC is therefore DISMISSED WITH PREJUDICE. Case Closed.(anh)
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Filing 31
ORDER Granting Defendant Kinsale Insurance Company's Motion to Dismiss the First Amended Complaint [Doc. No. #23 ]. Signed by Judge Cathy Ann Bencivengo on 10/4/2022. (anh)
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Filing 30
NOTICE Regarding Exhibit Attachment by National Mechanical Services, Inc. re #25 Response in Opposition to Motion, (Attachments: #1 Declaration of Will Taylor in Support of Opposition to Motion to Dismiss)(Pinkerton, Kimberlyn) (anh).
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Filing 29
REPLY to Response to Motion re #23 MOTION to Dismiss for Failure to State a Claim filed by Kinsale Insurance Company. (Hafey, Matthew) (anh).
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Filing 28
Minute Order: Upon consideration of the parties joint motion to continue the hearing on the pending motion to dismiss [Doc. No. #27 ], and in light of the parties lack of availability, it is hereby ORDERED that the October 18, 2022, hearing is VACATED, and that the joint motion is therefore DENIED AS MOOT. Upon receipt of Defendants reply brief, the Court will take the motion to dismiss under submission and issue an order in due course. It is SO ORDERED. (anh)
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Filing 27
Joint MOTION to Continue Hearing on Kinsale Insurance Company's Motion Dismiss First Amended Complaint by Kinsale Insurance Company. (Hafey, Matthew) (anh).
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Filing 26
MINUTE ORDER: It is hereby ORDERED that a hearing on Defendants motion to dismiss the first amended complaint [Doc. No. #23 ] is set for October 18, 2022 at 2:00 p.m. in Courtroom 15A. Defendants reply brief remains due on October 3, 2022, as previously ordered. See Doc. No. 21. It is SO ORDERED.(anh)
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Filing 25
RESPONSE in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by National Mechanical Services, Inc.. (Attachments: #1 Memo of Points and Authorities in Opposition to Kinsale's Motion to Dismiss Amended Complaint, #2 Declaration of C. Brant Noziska in Support of Opposition to Motion to Dismiss, #3 Declaration of Will Taylor in Support of Opposition to Motion to Dismiss)(Pinkerton, Kimberlyn) (anh).
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Filing 24
NOTICE of Withdrawal of Counsel by National Mechanical Services, Inc. (Pinkerton, Kimberlyn) (anh).
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Filing 23
MOTION to Dismiss for Failure to State a Claim by Kinsale Insurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Matthew J. Hafey, #3 Request for Judicial Notice)(Hafey, Matthew)(anh).
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Filing 22
ORDER (AGS): The parties' joint motion to reset the Case Management Conference (ECF #20 ) is granted in part. The Case Management Conference is reset to October 21, 2022, at 2:00 p.m. By October 14, 2022, the parties must submit a joint status report with any updated requests to modify the tentative discovery dates or limitations. Signed by Magistrate Judge Andrew G. Schopler on 8/31/2022.(no document attached) (rfb)
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Filing 21
ORDER on #20 Joint Motion for Extension of Time for Defenant Kinsale Insurance Company to Respond to First Amended Complaint. Signed by Judge Cathy Ann Bencivengo on 8/31/22. (dlg)
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Filing 20
Joint MOTION for Extension of Time to File Answer to First Amended Complaint, Setting Briefing Schedule for Motion to Dismiss, Continue Case Management Conference and Dismissal of Defendant Mercer Insurance Company Without Prejudice by Kinsale Insurance Company. (Attachments: #1 Proposed Order)(Hafey, Matthew) **QC Mailer re: not submitting proposed orders on docket.8/31/2022** (jmo).
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Filing 19
AMENDED COMPLAINT with Jury Demand for Declaratory Relief and Breach of the Implied Covenant of Good Faith and Fair Dealing against All Defendants, filed by National Mechanical Services, Inc.. (Pinkerton, Kimberlyn) (anh).
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Filing 18
ORDER Granting Defendant Kinsale Insurance Company's Motion to Dismiss [Doc No. #9 ]. Signed by Judge Cathy Ann Bencivengo on 8/8/2022. (axc)
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Filing 17
ORDER (AGS): Due to the Court's schedule, the Case Management Conference is reset to September 8, 2022, at 1:30 p.m. The joint status report (ECF 14) is now due September 1, 2022. Signed by Magistrate Judge Andrew G. Schopler on 7/26/2022.(no document attached) (rfb)
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Filing 16
REPLY to Response to Motion re #8 MOTION to Dismiss for Failure to State a Claim , #9 Amended MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction filed by Kinsale Insurance Company. (Hafey, Matthew) (anh).
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Filing 15
RESPONSE in Opposition re #8 MOTION to Dismiss for Failure to State a Claim , #9 Amended MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction filed by National Mechanical Services, Inc.. (Attachments: #1 Memo of Points and Authorities in Opposition to Kinsale's Motion to Dismiss, #2 Declaration of Elizabeth da Silva in Support of Opposition to Motion to Dismiss, #3 Declaration of Will Taylor in Support of Opposition to Motion to Dismiss)(Truitt, Kimberlyn) (ave).
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Filing 14
MINUTE ENTRY (AGS): On June 30, 2022, the Court held an Early Neutral Evaluation. The case did not settle. The Case Management Conference is continued to September 1, 2022, at 1:30 p.m. The parties must submit a status report by August 26, 2022, with any updated requests to modify the tentative discovery dates or limitations. Signed by Magistrate Judge Andrew G. Schopler on 6/30/2022. (no document attached) (rfb)
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Filing 13
ORDER (AGS): Due to a change in the Court's schedule, the Early Neutral Evaluation and Case Management Conference are reset to June 30, 2022, at 9:00 a.m. Parties may use the same Zoom link previously sent. Signed by Magistrate Judge Andrew G. Schopler on 6/28/2022.(no document attached) (rfb)
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Filing 12
NOTICE of Party With Financial Interest by National Mechanical Services, Inc. . No Parties With Financial Interest. (Truitt, Kimberlyn) (anh).
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Filing 11
JOINT DISCOVERY PLAN by National Mechanical Services, Inc. (Truitt, Kimberlyn) (anh).
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Filing 10
NOTICE of Party With Financial Interest by Kinsale Insurance Company re #9 Amended MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction . Identifying Corporate Parent Kinsale Capital Group, Inc. for Kinsale Insurance Company. (Hafey, Matthew) (anh).
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Filing 9
Amended MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction by Kinsale Insurance Company. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit 1 - Complaint in this action)(Hafey, Matthew) (anh).
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Filing 8
MOTION to Dismiss for Failure to State a Claim by Kinsale Insurance Company. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1)(Hafey, Matthew) (anh).
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Filing 7
ORDER Granting Joint Motion for Extension of Time for Defendant Kinsale Insurance Company to Answer or Otherwise Respond to Complaint [Doc. No. #6 ]. Signed by Judge Cathy Ann Bencivengo on 5/17/2022. (anh)
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Filing 6
Joint MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Kinsale Insurance Company. (Attachments: #1 Proposed Order)(Hafey, Matthew)Attorney Matthew Joseph Hafey added to party Kinsale Insurance Company(pty:dft) (anh).
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Filing 5
NOTICE AND ORDER: (1) For Early Neutral Evaluation; and (2) Setting Rule 26 Compliance and Case Management Conference. Signed by Magistrate Judge Andrew G. Schopler on 5/2/2022.(anh)
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Filing 4
ANSWER to Complaint by Mercer Insurance Company.(Nelson, Ronald) (anh).
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Filing 3
NOTICE of No Related Cases by Mercer Insurance Company (fth)
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Filing 2
NOTICE of Party With Financial Interest by Mercer Insurance Company. Identifying Corporate Parent United Fire & Casualty Company, Other Affiliate United Fire Group, Inc. for Mercer Insurance Company. (fth)
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Filing 1
NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-16765799.), filed by Mercer Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Ron Nelson) The new case number is 3:22-cv-576-CAB-AGS. Judge Cathy Ann Bencivengo and Magistrate Judge Andrew G. Schopler are assigned to the case.(fth)
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