Holmes et al v. Heritage Property & Casualty Insurance Company et al
| Ella Holmes and Betty Randolph |
| Alexander Rainey, Heritage Property & Casualty Insurance Company and Elliott & Associates, Inc. |
| 3:2020cv01003 |
| December 8, 2020 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Susan Russ Walker |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2021. A more recent docket listing may be available from PACER.
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Filing 23
REPLY to Response to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Reply Supporting Motion to Dismiss filed by Elliott & Associates, Inc., Alexander Rainey. (Attachments: #1 Exhibit A - Heritage DJA)(Ketcham, Carleton)
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Filing 22
RESPONSE in Opposition re #17 MOTION to Consolidate Cases filed by Ella Holmes, Betty Randolph. (Gray, Stanley)
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Filing 21
REPLY to Response to Motion re #12 MOTION to Remand filed by Ella Holmes, Betty Randolph. (Gray, Stanley)
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Filing 20
STANDARD BRIEFING ORDER: Briefing deadlines and instructions for all pending and future motions. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/25/2021. (bes, )
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Filing 19
NOTICE of Compliance with M.D.ALA. LR81.1 by Heritage Property & Casualty Insurance Company (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - State Court Complaint, #3 Exhibit 3 - State Court Motion to Reconsider, #4 Exhibit 4 - State Court Answer, #5 Exhibit 5 - State Court Notice of Filing)(bes, )
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Filing 18
RESPONSE to Motion re #12 MOTION to Remand filed by Heritage Property & Casualty Insurance Company. (bes, )
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Filing 17
MOTION to Consolidate by Heritage Property & Casualty Insurance Company. (bes, )
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Filing 16
RESPONSE to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss filed by Ella Holmes, Betty Randolph. (Gray, Stanley)
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Filing 15
TEXT ORDER: Defendants shall file a response to the #12 Motion to Remand on or by 1/13/2021. Plaintiffs shall file a reply on or by 1/27/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/4/2021. (No PDF attached to this entry)(bes, )
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Filing 14
Corporate/Conflict Disclosure Statement by Ella Holmes. (Gray, Stanley)
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Filing 13
Corporate/Conflict Disclosure Statement by Betty Randolph. (Gray, Stanley)
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Filing 12
MOTION to Remand by Ella Holmes, Betty Randolph. (Attachments: #1 Exhibit Rainey Summons, #2 Exhibit Elliott Service Documents, #3 Exhibit Heritage Service Documents, #4 Exhibit Heritage Service Documents 2, #5 Exhibit Heritage Service Documents 3, #6 Exhibit Heritage Answer-State Court)(Gray, Stanley)
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Filing 11
TEXT ORDER: Pending before the Court is the #10 Motion to Dismiss filed by Defendants Elliot and Rainey. Plaintiffs shall file a response on or by 1/13/2021, and Elliot/Rainey a reply on or by 1/27/2021. In their response, Plaintiffs shall also address the issue of whether this Court has jurisdiction over this matter, whether some or all of the Plaintiffs' claims are compulsory claims that should have been filed in Case No. 20-cv-00539-ECM, M.D. Ala. ("related action"), and whether this action should be consolidated with the related action. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/28/2020. (No PDF attached to this entry)(bes, )
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss by Elliott & Associates, Inc., Alexander Rainey. (Attachments: #1 Exhibit A - Denial Letter 7-24-20)(Pulvere, Graham)
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Filing 9
TEXT ORDER: The #8 unopposed Motion for Extension filed by Defendants Elliott and Rainey is GRANTED. Elliott and Rainer shall file their response on or by 12/23/2020. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/21/. (No PDF attached to this entry) (bes, )
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Filing 8
MOTION for Extension of Time to File Responsive Pleading by Elliott & Associates, Inc., Alexander Rainey. (Attachments: #1 Text of Proposed Order Proposed Order)(Pulvere, Graham) Modified on 12/21/2020 to clarify the docket text (bes, ).
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Filing 7
Corporate/Conflict Disclosure Statement by Elliott & Associates, Inc., Alexander Rainey re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Pulvere, Graham)
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Filing 6
NOTICE of Appearance by Carleton P. Ketcham, III on behalf of Elliott & Associates, Inc., Alexander Rainey (Ketcham, Carleton)
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Filing 5
NOTICE of Appearance by Graham Ross Pulvere on behalf of Elliott & Associates, Inc., Alexander Rainey (Pulvere, Graham)
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Filing 4
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Elliott & Associates, Inc., Alexander Rainey; Corporate Disclosures due by 12/24/2020. (Attachments: #1 Standing Order and Sample Format)(bes, )
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Filing 3
Consent to Removal by Elliott & Associates, Inc., Alexander Rainey. (Whitehead, Stephen) Modified on 12/14/2020 to clarify the docket text and to term motion incorrectly selected during e-filing (bes, ).
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Filing 2
RULE 26(f) ORDER: it is ORDERED that the FRCP 26(f) Report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 1/7/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/10/2020. (bes, )
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Filing 1
NOTICE OF REMOVAL by Heritage Property & Casualty Insurance Company from Circuit Court of Macon County, Alabama, case number 46-cv-2020-900145.00. ( Filing fee $ 402.00 receipt number 4602060498) (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit B - State Court Answer, #3 Exhibit C - Conflict Disclosure Statement, #4 Civil Cover Sheet, #5 Receipt)(bes, )
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COMPLAINT against Elliott & Associates, Inc., Heritage Property & Casualty Insurance Company, Alexander Rainey, filed by Betty Randolph, Ella Holmes. (No PDF attached to this entry - See doc #1 for PDF)(bes, )
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DEMAND for Trial by Jury by Ella Holmes, Betty Randolph. (No PDF attached to this entry - See Doc #1 for PDF) (bes, )
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Corporate/Conflict Disclosure Statement by Heritage Property & Casualty Insurance Company. (No PDF attached to this entry - See doc #1 for PDF) (bes, )
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ANSWER to Complaint by Heritage Property & Casualty Insurance Company. (No PDF attached to this entry - See doc #1 for PDF)(bes, )
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