Kelly Seed Company, LLC v. National Trust Insurance Company
| Kelly Seed Company, LLC |
| FCCI Insurance Company and National Trust Insurance Company |
| 1:2019cv00489 |
| July 10, 2019 |
| US District Court for the Middle District of Alabama |
| Andrew L Brasher |
| Susan Russ Walker |
| Insurance |
| 28:2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.
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Filing 22
STANDARD BRIEFING ORDER, as further set out in order. Signed by Honorable Judge Andrew L. Brasher on 9/5/2019. (kh, )
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Filing 21
ORDER: This matter comes before the court on Plaintiff Kelly Seed Company, LLC's Motion to Dismiss, (Doc. #12 ); Defendant FCCI Insurance Companys1 Motion to Join Real Party in Interest, (Doc. #13 ); and the parties Joint Motion to Dismiss All Claims Against FCCI, (Doc. #19 ). Upon consideration, the three motions are MOOT. When Kelly Seed filed its Amended Complaint, (Doc. 17), FCCI was terminated from this case and all claims against it were dropped. And once the Amended Complaint became the operative pleading, a further joint dismissal was unnecessary. Signed by Honorable Judge Andrew L. Brasher on 9/5/2019. (kh, )
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Filing 20
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 9/24/2020, at 09:00 AM, in CR 2E, before Honorable Judge Andrew L. Brasher; Proposed Pretrial Order due by 9/17/2020; Jury Selection and Trial set for 11/2/2020, at 10:00 AM, in Dothan, Alabama before Honorable Judge Andrew L. Brasher; Dispositive and Daubert Motions due by 5/1/2020; Mediation Notice due by 4/1/2020; Amended Pleadings due by 11/4/2019; Discovery due by 3/27/2020, as further set out in order. Signed by Honorable Judge Andrew L. Brasher on 9/5/2019. (furn: dh, calendar)(kh, )
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| ***Attorney Felicia Abernathy Long added for National Trust Insurance Company. (dmn, ) |
| Filing 19 Joint MOTION to Dismiss All Claims Against FCCI by FCCI Insurance Company, National Trust Insurance Company, and Kelly Seed Company, LLC. (Long, Felicia) Modified on 9/4/2019 to include additional filers. (dmn, ) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting. (Long, Felicia) |
| Filing 17 AMENDED COMPLAINT with JURY DEMAND by Kelly Seed Company, LLC against National Trust Insurance Company, filed by Kelly Seed Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sanspree, Christopher) Modified on 9/4/2019 to include jury demand text. (dmn, ) |
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Filing 16
TEXT ORDER granting #15 Motion for Leave to File Amended Complaint. Plaintiff shall file an amended complaint on or before 9/4/2019. Signed by Honorable Judge Andrew L. Brasher on 8/28/2019. (dmn, ) (NO PDF)
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| Filing 15 MOTION for Leave to File Amended Complaint by Kelly Seed Company, LLC. (Sanspree, Christopher) |
| Filing 14 SUBMISSION in Response to 11 Order, of August 20, 2019 by Kelly Seed Company, LLC. (Attachments: #1 Exhibit A)(Sanspree, Christopher) Modified on 8/28/2019 to clean up text. (dmn, ) |
| Filing 13 MOTION to Join Real Party In Interest (Join NTIC as the Defendant/Counterclaim Plaintiff and dismiss FCCI) by FCCI Insurance Company, National Trust Insurance Company. (Attachments: #1 Exhibit A- Email)(Long, Felicia) Modified on 8/21/2019 to clean up text. (dmn, ) |
| Filing 12 MOTION TO DISMISS Defendant's #2 Counterclaim FOR FAILURE TO STATE A CLAIM by Kelly Seed Company, LLC. (Sanspree, Christopher) Modified on 8/21/2019 to create link to Doc. #2 . (dmn, ) |
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Filing 11
TEXT ORDER: By September 4, 2019, the parties are DIRECTED to confer and to clarify by an amended pleading, joint report, or otherwise (1) whether the plaintiff is Kelly Seed LLC as listed in the caption of the complaint or Kelly Seed Inc as stated in the body of the complaint and (2) if the plaintiff is Kelly Seed LLC, the identities and citizenship of the LLCs members. Signed by Honorable Judge Andrew L. Brasher on 8/20/2019. (dmn, ) (NO PDF)
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Filing 10
ORDER that Plaintiff Kelly Seed Company, LLC's #4 Motion to Remand is DENIED as further set out in the order. Signed by Honorable Judge Andrew L. Brasher on 8/14/2019. (dmn, )
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Filing 9
TEXT ORDER: The parties are DIRECTED to file a Rule 26(f) report as soon as practicable, but not later than 9/4/2019. Signed by Honorable Judge Andrew L. Brasher on 8/14/2019. (dmn, ) (NO PDF)
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| Filing 8 RESPONSE in Opposition re #4 MOTION to Remand filed by FCCI Insurance Company. (Attachments: #1 Exhibit 1-Affidavit of Montie Smith, #2 Exhibit 1-A- Policy, #3 Exhibit 1-B- Letter from Insured's Attorney, #4 Exhibit 1-C- Letter from Forcon)(Long, Felicia) |
| Filing 7 Case reassigned to Honorable Judge Andrew L. Brasher and Honorable Judge Susan Russ Walker. Honorable Judge Susan Russ Walker no longer assigned to the case as presiding judge. (djy, ) |
| Motions No Longer Referred to Mag Judge Walker, case reassigned: #4 MOTION to Remand (djy, ) |
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Filing 6
ORDER re #4 Motion to Remand: it is ORDERED that dft shall file a response on or before 8/12/2019; DIRECTING counsel to complete the appropriate attached form so that the form is received by the Clerk on or before 8/5/2019. Signed by Honorable Judge Susan Russ Walker on 7/30/2019. (alm, )
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| Filing 5 Corporate/Conflict Disclosure Statement by Kelly Seed Company, LLC. (Sanspree, Christopher) |
| Filing 4 MOTION to Remand by Kelly Seed Company, LLC. (Sanspree, Christopher) |
| Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for all parties, FCCI Insurance Company, Kelly Seed Company, LLC, National Trust Insurance Company. (dmn, ) |
| Corporate/Conflict Disclosure Statement by FCCI Insurance Company, National Trust Insurance Company. (dmn, ) (NO PDF, see Doc. #1 , Exhibit C for pdf.) |
| ***Attorney Felicia Abernathy Long added for Counter Claimant National Trust Insurance Company. (dmn, ) (see Doc. #2 for pdf) |
| Filing 2 ANSWER to Complaint, COUNTERCLAIM against Kelly Seed Company, LLC by FCCI Insurance Company, National Trust Insurance Company.(dmn, ) |
| NOTICE of Filing #1 Notice of Removal, by FCCI Insurance Company. (dmn, ) (NO PDF, see Doc. #1 , Exhibit F for pdf.) |
| DEMAND for Trial by Jury by Kelly Seed Company, LLC. (dmn, ) (NO PDF, see Doc. #1 for pdf.) |
| COMPLAINT against FCCI Insurance Company, filed by Kelly Seed Company, LLC.(dmn, ) (NO PDF, see Doc. #1 for pdf.) |
| Filing 1 NOTICE OF REMOVAL by FCCI Insurance Company from Circuit Court of Geneva County, Alabama, case number 34-CV-2019-900076.00. ( Filing fee $ 400.00 receipt number 4602054210) (Attachments: #1 Exhibit A, State Court Record, #2 Exhibit B, Insurance Policy, #3 Exhibit C, Conflict Disclosure Statement, #4 Exhibit D, FCCI Business Entity Records from AL Secretary of State, #5 Exhibit E, Kelly Seed Business Entity Records from AL Secretary of State, #6 Exhibit F, Notice of Filing Notice of Removal, #7 State Court Complaint, #8 Civil Cover Sheet, #9 Filing Fee Receipt) (dmn, ) |
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