Peak Property and Casualty Insurance Corporation v. Biermann et al
| Peak Property and Casualty Insurance Corporation |
| Patricia Biermann, Desmond Bradley, Andrea Thomas, Big's Trucking, Ricky Gray, GEICO Casualty Insurance Company, Outlaw Express, LLC, Paul C Harris, Brian Buerkle, Jeffrey Tarter, Commercial Express, Inc., Charasma Moseley, Ronald Lee Moseley, State Farm Mutual Automobile Insurance Company, Amerisourcebergen Drug Corporation and Pamela Tarter doing business as Big's Trucking |
| 2:2023cv00149 |
| March 20, 2023 |
| U.S. District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| Myron H Thompson |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| None |
Docket Report
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| Document Text |
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| Filing 9 NOTICE of Voluntary Dismissal by Peak Property and Casualty Insurance Corporation (Smith, Richard) |
| Filing 8 Summons Issued as to Amerisourcebergen Drug Corporation, Patricia Biermann, Desmond Bradley, Brian Buerkle, Commercial Express, Inc., GEICO Casualty Insurance Company, Ricky Gray, Paul C Harris, Charasma Moseley, Ronald Lee Moseley, Outlaw Express, LLC, State Farm Mutual Automobile Insurance Company, Jeffrey Tarter, Pamela Tarter, Andrea Thomas; NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (am, ) |
| Filing 7 First AMENDED COMPLAINT for Declaratory Judgment against All Defendants, filed by Peak Property and Casualty Insurance Corporation. (Attachments: #1 Proposed Summons Amerisourcebergen Drug Corporation, #2 Proposed Summons Biermann, Patricia, #3 Proposed Summons Bradley, Desmond - Individual, (5) Proposed Summons Buerkle, Brian, #6 Proposed Summons Commercial Express, Inc., #7 Proposed Summons Geico Casualty Insurance Company, #8 Proposed Summons Gray, Ricky Lynn, #9 Proposed Summons Harris, Paul C., #10 Proposed Summons Moseley, Charasma, #11 Proposed Summons Moseley, Ronald Lee, Administrator Ad Litem for Estate of KAHM, #12 Proposed Summons Outlaw Express, LLC, #13 Proposed Summons State Farm Mutual Automobile Insurance Co, as Subrogee of Tracy Powell, #14 Proposed Summons Tarter, Jeffrey, #15 Proposed Summons Tarter, Pamela dba Big's Trucking, #16 Proposed Summons Thomas, Andrea - Individual, #18 Exhibit A - Third Amended Bradley Complaint, #19 Exhibit B- Amended Notice of Removal of Bradley Suit, #20 Exhibit C- Moseley Underlying Complaint, #21 Exhibit D- Notice of Removal of Moseley Suit, #22 Exhibit E- State Farm Underlying Complaint, #23 Exhibit F- Certified Copy of Peak Policy, #24 Exhibit G- Police Report, #25 Exhibit H-Signed Named Driver Exclusion, #26 Exhibit I - January 18 2023 EUO Letter to Biermann, #27 Exhibit J- January 26 2023 Second EUO Letter, #28 Exhibit K- February 2 2023 Third EUO Scheduling Letter, #29 Exhibit L- February 17 2023 Fourth EUO Scheduling Letter, #30 Exhibit M - EUO Transcript)(Smith, Richard) Modified on 5/16/2023 to clarify text; remove duplicate attachments 4 & 17;Attachment 3, 8, & 16 replaced on 5/16/2023 to correct summons (am, ). |
Filing 6
ORDER: It is therefore the ORDER, JUDGMENT, and DECREE of the court that the plaintiff has until 5/15/2023, to amend the complaint to allege jurisdiction sufficiently, and to submit a brief on the amount in controversy if it so chooses; otherwise, this lawsuit shall be dismissed without prejudice. Signed by Honorable Judge Myron H. Thompson on 4/24/2023. (am, )
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| Filing 5 Proof of Service as to #3 Summons Issued, #1 Complaint, signed by Marilee Petty for GEICO Casualty Insurance Company served on 3/31/2023, answer due 4/21/2023. filed by Peak Property and Casualty Insurance Corporation. (Attachments: #1 Exhibit A - Certified Mail Receipt Mailing Information for Def GEICO, #2 Exhibit B - GEICO Certified Mail Signature Acknowledging Service)(Smith, Richard) Modified on 4/19/2023 to remove incorrect event & clarify text (am, ). |
| Filing 4 Corporate/Conflict Disclosure Statement by Peak Property and Casualty Insurance Corporation. (Yarbro, Robert) |
| Filing 3 Summons Issued as to Patricia Biermann, Bigs Trucking, Desmond Bradley, GEICO Casualty Insurance Company, Ricky Gray, Outlaw Express, LLC, Andrea Thomas. NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (dmn, ) (Main Document 3 replaced on 3/22/2023) (dmn, ). Modified on 3/22/2023 to correct Bigs Trucking summons to include apostrophe. (dmn, ) |
| Filing 2 Case Assigned to Honorable Judge Myron H. Thompson as Presiding Judge and Magistrate Judge Stephen Michael Doyle as Referral Judge. (dmn, ) |
| Filing 1 COMPLAINT for Declaratory Judgment against All Defendants ( Filing fee $ 402 receipt number AALMDC-3399078.), filed by Peak Property and Casualty Insurance Corporation. 90 day Rule 4m deadline set for 6/20/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons Defendant Patricia Biermann, #3 Summons Defendant Desmond Bradley, #4 Summons Defendant Andrea Thomas, #5 Summons Defendant Big's Trucking Company, #6 Summons Defendant Ricky Gray, #7 Summons Defendant GEICO Casualty Insurance Company, #8 Summons Defendant Outlaw Express, LLC, #9 Exhibit A- Underlying First Amended Complaint, #10 Exhibit B- Certified Copy of Peak Policy, #11 Exhibit C- Police Report, #12 Exhibit D- Signed named driver exclusion form, #13 Exhibit E- January 18_ 2023 EUO Letter to Biermann, #14 Exhibit F- January 26 2023 Second EUO Letter, #15 Exhibit G- February 2 2023 Third EUO Scheduling Letter, #16 Exhibit H- February 17 2023 Fourth EUO Scheduling Letter, #17 Exhibit I- EUO Transcript)(Smith, Richard) (Main Document 1, Attachment 6, 9, & 12 replaced on 3/21/2023) (am, ) (Additional attachment(s) added on 3/21/2023: #18 Exhibit C - Police Report REDACTED) (dmn, ). |
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