Southern Pioneer Property & Casualty Insurance Company v. Vinson et al
| Southern Pioneer Property & Casualty Insurance Company |
| Chiquita Vinson and Auto Funding Group, LLC doing business as 2nd Chance Auto Sales |
| Auto Funding Group, LLC |
| 2:2023cv00036 |
| January 17, 2023 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Kelly F Pate |
| Myron H Thompson |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement (Insurance) |
| None |
Docket Report
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Filing 25
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set before Honorable Judge Myron H. Thompson for 3/14/2024, in Montgomery, Alabama; Non-Jury Trial set for 5/6/2024, in Montgomery, Alabama before Honorable Judge Myron H. Thompson; Amended Pleadings due by 4/5/2023; Discovery due by 10/18/2023; dispositive & daubert Motions due by 11/15/2023; Mediation Notice due by 10/25/2023, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/10/2023. (furn: calendar, ag) (mailed CMRRR to pro se def (cwl, )
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Filing 24
ORDER: It is ORDERED that the motion to dismiss counterclaim (Doc. #19 ) is set for submission, without oral argument, on March 31, 2023, with any opposition brief due by March 24, and any reply to the opposition due by March 31. Signed by Honorable Judge Myron H. Thompson on 3/10/2023. (cwl, )
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| Filing 23 (STRICKEN - FILED UNDER INCORRECT EVENT) AFFIDAVIT of Service for Complaint and Amended Complaint for Declaratory Judgment served on Chiquita Vinson on 02/24/2023, filed by Southern Pioneer Property & Casualty Insurance Company. (Johnson, John) Modified on 2/27/2023 (cwl, ). |
| Alias SUMMONS Returned Executed by Southern Pioneer Property & Casualty Insurance Company. Chiquita Vinson served on 2/24/2023, answer due 3/17/2023. (no pdf attached - see doc #23 for pdf as attorney used incorrect event when filing document) (cwl, ) |
| Filing 22 Alias Summons issued as to Chiquita Vinson.NOTICE TO COUNSEL: Alias Summons have been issued. Please print copies necessary for service. (cwl, ) |
| Filing 21 Proposed Summons - Alias - Chiquita Vinson - Service of Complaint and Amended Complaint for Declaratory Judgment (Johnson, John) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Johnson, John) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Counterclaim Count I - Bad Faith by Southern Pioneer Property & Casualty Insurance Company. (Johnson, John) |
| Filing 18 ANSWER to #12 Answer to Amended Complaint, Counterclaim Count II - Declaratory Judgment by Southern Pioneer Property & Casualty Insurance Company.(Johnson, John) |
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Filing 17
ORDER: it is ORDERED that dft Auto Funding Group, LLC's #11 partial motion to dismiss is granted and that plf Southern Pioneer Property & Casualty Insurance Co.'s complaint for declaratory judgment to the extent it seeks a determination of its obligations to indemnify its insured is dismissed without prejudice; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 2/14/2023. (bes, )
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| Filing 16 RESPONSE to Motion re #11 Partial MOTION to Dismiss filed by Southern Pioneer Property & Casualty Insurance Company. (Johnson, John) |
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Filing 15
RULE 26 (f) ORDER: it is ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than February 21, 2023, as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 01/30/2023. (amf, )
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Filing 14
ORDER: It is ORDERED that the partial motion to dismiss (Doc. #11 ) is set for submission, without oral argument, on February 21, 2023, with any opposition brief due by February 13, 2023, and any reply to the opposition due by February 21, 2023. Signed by Honorable Judge Myron H. Thompson on 01/30/2023. (amf, )
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| Filing 13 Corporate/Conflict Disclosure Statement by Auto Funding Group, LLC. (Johnston, Jamie) |
| Filing 12 ANSWER to #7 Amended Complaint, COUNTERCLAIM against Southern Pioneer Property & Casualty Insurance Company by Auto Funding Group, LLC.(Johnston, Jamie) |
| Filing 11 Partial MOTION to Dismiss by Auto Funding Group, LLC. (Johnston, Jamie) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Auto Funding Group, LLC. Auto Funding Group, LLC waiver sent on 1/23/2023, answer due 3/24/2023. (Johnston, Jamie) (Main Document 10 replaced on 1/23/2023 to lock down PDF) (cwl, ). |
| Filing 9 Alias Summons issued as to Chiquita Vinson.NOTICE TO COUNSEL: Alias Summons have been issued. Please print copies necessary for service. (cwl, ) |
| Filing 8 Proposed Summons for Issuance of Amended Complaint to C. Vinson (Johnson, John) |
| ***PURSUANT TO THE #10 WAIVIER - Attorney Jamie Austin Johnston for Auto Funding Group, LLC added. (no pdf attached) (cwl, ) |
| Filing 7 AMENDED COMPLAINT for Declaratory Judgment against Auto Funding Group, LLC, Chiquita Vinson, filed by Southern Pioneer Property & Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Complaint (Underlying), #2 Exhibit 2 - Policy)(Johnson, John) Modified on 1/20/2023 to clean up text (cwl, ). |
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Filing 6
ORDER: It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until 1/31/2023, to amend the complaint to allege jurisdiction sufficiently; otherwise this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 1/17/2023. (cwl, )
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| Filing 5 Corporate/Conflict Disclosure Statement by Southern Pioneer Property & Casualty Insurance Company Re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Johnson, John) Modified on 1/17/2023 to add link (cwl, ). |
| Filing 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Southern Pioneer Property & Casualty Insurance Company. Corporate Disclosures due by 1/27/2023. (Attachments: #1 Conflict Statement Standing Order and Sample Format)(cwl, ) |
| Filing 3 Summons Issued as to Auto Funding Group, LLC, Chiquita Vinson.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (cwl, ) |
| Filing 2 Case Assigned to Honorable Judge Myron H. Thompson as presiding Judge and Honorable Judge Kelly F. Pate as referral Judge. (cwl, ) |
| Filing 1 COMPLAINT for Declaratory Judgment against Southern Pioneer Property & Casualty Insurance Company, Chiquita Vinson ( Filing fee $ 402 receipt number BALMDC-3350080.), filed by Southern Pioneer Property & Casualty Insurance Company. 90 day Rule 4m deadline set for 4/17/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons - Chiquita Vinson, #3 Summons - Auto Funding Group, LLC)(Johnson, John) Modified on 1/17/2023 to clean up duplicate text (cwl, ). (Additional attachment(s) added on 1/17/2023: #4 Exhibit 1, #5 Exhibit 2) (amf, ). |
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