Kelly Seed Company, LLC v. National Trust Insurance Company
Plaintiff: Kelly Seed Company, LLC
Defendant: FCCI Insurance Company and National Trust Insurance Company
Case Number: 1:2019cv00489
Filed: July 10, 2019
Court: US District Court for the Middle District of Alabama
Presiding Judge: Andrew L Brasher
Referring Judge: Susan Russ Walker
Nature of Suit: Insurance
Cause of Action: 28:2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2019 Opinion or Order Filing 22 STANDARD BRIEFING ORDER, as further set out in order. Signed by Honorable Judge Andrew L. Brasher on 9/5/2019. (kh, )
September 5, 2019 Opinion or Order 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, )
September 5, 2019 Opinion or Order 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, )
September 4, 2019 ***Attorney Felicia Abernathy Long added for National Trust Insurance Company. (dmn, )
September 4, 2019 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, )
September 4, 2019 Filing 18 REPORT of Rule 26(f) Planning Meeting. (Long, Felicia)
September 3, 2019 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, )
August 28, 2019 Opinion or Order 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)
August 27, 2019 Filing 15 MOTION for Leave to File Amended Complaint by Kelly Seed Company, LLC. (Sanspree, Christopher)
August 27, 2019 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, )
August 21, 2019 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, )
August 20, 2019 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, )
August 20, 2019 Opinion or Order 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)
August 14, 2019 Opinion or Order 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, )
August 14, 2019 Opinion or Order 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)
August 12, 2019 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)
August 6, 2019 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, )
August 6, 2019 Motions No Longer Referred to Mag Judge Walker, case reassigned: #4 MOTION to Remand (djy, )
July 30, 2019 Opinion or Order 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, )
July 25, 2019 Filing 5 Corporate/Conflict Disclosure Statement by Kelly Seed Company, LLC. (Sanspree, Christopher)
July 24, 2019 Filing 4 MOTION to Remand by Kelly Seed Company, LLC. (Sanspree, Christopher)
July 22, 2019 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, )
July 10, 2019 Corporate/Conflict Disclosure Statement by FCCI Insurance Company, National Trust Insurance Company. (dmn, ) (NO PDF, see Doc. #1 , Exhibit C for pdf.)
July 10, 2019 ***Attorney Felicia Abernathy Long added for Counter Claimant National Trust Insurance Company. (dmn, ) (see Doc. #2 for pdf)
July 10, 2019 Filing 2 ANSWER to Complaint, COUNTERCLAIM against Kelly Seed Company, LLC by FCCI Insurance Company, National Trust Insurance Company.(dmn, )
July 10, 2019 NOTICE of Filing #1 Notice of Removal, by FCCI Insurance Company. (dmn, ) (NO PDF, see Doc. #1 , Exhibit F for pdf.)
July 10, 2019 DEMAND for Trial by Jury by Kelly Seed Company, LLC. (dmn, ) (NO PDF, see Doc. #1 for pdf.)
July 10, 2019 COMPLAINT against FCCI Insurance Company, filed by Kelly Seed Company, LLC.(dmn, ) (NO PDF, see Doc. #1 for pdf.)
July 10, 2019 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, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Alabama Middle District Court's Electronic Court Filings (ECF) System

Search for this case: Kelly Seed Company, LLC v. National Trust Insurance Company
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kelly Seed Company, LLC
Represented By: Christopher Eugene Sanspree
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: FCCI Insurance Company
Represented By: Felicia Abernathy Long
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: National Trust Insurance Company
Represented By: Felicia Abernathy Long
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?