Homestate Seafood LLC v. Cincinnati Insurance Company, The
| Homestate Seafood LLC, Homestate Seafood LLC individually and behalf of all others similarly situated doing business as Automatic Seafood & Oysters and James W Samford DMD LLC d/b/a Oak Mountain Family Dentistry, individually, and on behalf of others similarly situated |
| Cincinnati Insurance Company, The |
| 2:2020cv00649 |
| May 8, 2020 |
| US District Court for the Northern District of Alabama |
| Gray M Borden |
| Anna M Manasco |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| Both |
Docket Report
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| Document Text |
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| Filing 66 STIPULATION of Dismissal Joint Stipulation of Dismissal by Cincinnati Insurance Company, The. filed by Cincinnati Insurance Company, The (Dowd, Augusta) |
| Filing 65 NOTICE by Cincinnati Insurance Company, The Notice of Oral Argument Setting (Attachments: #1 Attachment A)(Dowd, Augusta) |
Filing 64
TEXT ORDER- The motion to stay #63 all proceedings in this matter pending the disposition of the appeal in Dukes Clothing, LLC v. The Cincinnati Insurance Company, Case No. 21-11974, is GRANTED. Signed by Judge Anna M Manasco on 10/18/2021. (FNC)
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| Filing 63 Joint MOTION to Stay by Cincinnati Insurance Company, The., Homestate Seafood LLC, James W Samford DMD LLC (Dowd, Augusta) Modified docket text and added filer on 10/15/2021 (MRR, ). |
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Filing 62
TEXT ORDER granting #61 Motion to Withdraw as Attorney. Attorney Jason M Chodos terminated. Signed by Judge Anna M Manasco on 8/25/2021. (FNC)
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| Filing 61 MOTION to Withdraw as Attorney Jason Chodos by Cincinnati Insurance Company, The. (Dowd, Augusta) |
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Filing 60
TEXT ORDER. Defendants' Motion for Leave to Appear Pro Hac Vice as to Mark W. Rattan, Doc. #58 , is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 8/25/2021. (FNC)
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Filing 59
TEXT ORDER. Defendants' Motion for Leave to Appear Pro Hac Vice as to Ericka C. Hammett, Doc. #57 , is GRANTED. Counsel are reminded that at least one attorney for each party may be required to be physically present at every hearing and status conference. Signed by Judge Anna M Manasco on 8/25/2021. (FNC)
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| Filing 58 MOTION for Leave to File Motion for Admission Pro Hac Vice -- Mark Rattan by Cincinnati Insurance Company, The. (Attachments: #1 Exhibit A)(Dowd, Augusta) |
| Filing 57 MOTION for Leave to File Motion for Admission Pro Hac Vice -- Ericka Hammett by Cincinnati Insurance Company, The. (Attachments: #1 Exhibit A)(Dowd, Augusta) |
| PHV Fee paid: $ 75, receipt number 1126-3910988 (B4601115380). (Dowd, Augusta) Modified on 8/26/2021 (MRR, ). |
| PHV Fee paid: $ 75, receipt number 1126-3910966 (B4601115379). (Dowd, Augusta) Modified on 8/26/2021 (MRR, ). |
| Filing 56 REPLY to re #53 Plaintiffs' Reply in Support of Their Motion for Leave to File Third Amended Complaint filed by Homestate Seafood LLC, James W Samford DMD LLC. (Pantazis, Dennis) |
| Filing 55 RESPONSE in Opposition re #53 MOTION for Leave to File Third Amended Complaint (Opposed) filed by Cincinnati Insurance Company, The. (Chodos, Jason) |
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Filing 54
TEXT ORDER- Any response to Plaintiffs' motion for leave to amend, Doc. #53 , is due on or before AUGUST 13, 2021. Any reply is due on or before AUGUST 20, 2021. Signed by Judge Anna M Manasco on 7/30/21. (MRR, )
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| Set Deadlines as to #53 MOTION for Leave to File Third Amended Complaint (Opposed). Responses due by 8/13/2021 Replies due by 8/20/2021. (MRR, ) |
| Filing 53 MOTION for Leave to File Third Amended Complaint (Opposed) by Homestate Seafood LLC, James W Samford DMD LLC. (Attachments: #1 Exhibit A - Third Amended Complaint, #2 Exhibit B - Redline Third Amended Complaint, #3 Text of Proposed Order)(Brown, W) |
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Filing 52
SCHEDULING ORDER- Certain deadlines and instructions apply as further set out within including: Joint Status Report due by 5/16/2022; Status Conference set for 5/23/2022 11:30 AM by Zoom; Discovery due by 5/31/2022; Dispositive Motions due by 6/30/2022. Signed by Judge Anna M Manasco on 5/26/21. (MRR, )
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Filing 51
TEXT ORDER granting #50 Motion to Withdraw as Attorney. Attorney Craig A. Shirley terminated. Signed by Judge Anna M Manasco on 5/26/2021. (FNC)
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| Filing 50 MOTION to Withdraw as Attorney by Cincinnati Insurance Company, The. (Shirley, Craig) |
| Filing 49 REPORT of Rule 26(f) Planning Meeting. (Brown, W) |
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Filing 48
ORDER. The parties Rule 26(f) Report is past due. Unless the report is filed on or before Monday, May 24, 2021, a conference is scheduled for Tuesday, May 25, 2021, at 9:00 AM, fifth floor chambers, Hugo L. Black, United States Courthouse, Birmingham, Alabama, at which time counsel for all parties are ORDERED to attend for the sole purpose of delivering to the court the required report. Signed by Judge Anna M Manasco on 5/10/2021. (FNC)
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| Filing 47 ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS SECOND AMENDED COMPLAINT Doc #31 by Cincinnati Insurance Company, The.(Chodos, Jason) Modified text on 4/12/2021 (MRR, ). |
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Filing 46
TEXT ORDER- Defendant's motion to withdraw its pending motion to dismiss is GRANTED. Doc. #45 . Accordingly, the motion to dismiss is DENIED as moot. Doc. #32 . Defendant's answer to Plaintiffs' Second Amended Complaint must be filed on or before APRIL 12, 2021. Signed by Judge Anna M Manasco on 3/29/21. (MRR, )
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| Reset Deadlines: Cincinnati Insurance Company, The answer due 4/12/2021. (MRR, ) |
| Filing 45 MOTION to Withdraw #32 MOTION to Dismiss Second Amended Complaint [D.E. 31] and Incorporated Memorandum of Law In Support Thereof by Cincinnati Insurance Company, The. (Dowd, Augusta) |
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Filing 44
TEXT ORDER. The court GRANTS #43 Attorney Dana Beth Kuczynski terminated. Signed by Judge Anna M Manasco on 3/26/2021. (FNC)
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| Filing 43 MOTION to Withdraw Dana B. Kuczynski as counsel by Cincinnati Insurance Company, The. (Dowd, Augusta) |
| Filing 42 NOTICE of Supplemental Authority in Support of Their Response In Opposition to the Opposed Motion to Dismiss the Second Amended Complaint and Incorporated Memorandum of Law by Homestate Seafood LLC, James W Samford DMD LLC (Attachments: #1 Exhibit A)(Brown, W) Modified text on 3/3/2021 (MRR, ). |
| Filing 41 THIRD NOTICE of Supplemental Authorities in further Support of Opposed Motion to Dismiss Second Amended Complaint by Cincinnati Insurance Company, The (Attachments: #1 Exhibit Rialto, #2 Exhibit Digital Age, #3 Exhibit BA Lax, #4 Exhibit Kevin Barry, #5 Exhibit Carrot Love, #6 Exhibit Roundin3rd, #7 Exhibit ATCM Optical, #8 Exhibit Ultimate Hearing, #9 Exhibit Taq Willow, #10 Exhibit Clear Hearing, #11 Exhibit Zagafen, #12 Exhibit Moody, #13 Exhibit Independence Restaurant, #14 Exhibit 1 SANT, #15 Exhibit Webb Dental, #16 Exhibit Riverside Dental, #17 Exhibit 7th Inning, #18 Exhibit Graspa, #19 Exhibit Unmasked Management, #20 Exhibit TJBC, #21 Exhibit Jesse Fink, #22 Exhibit Karmel Davis, #23 Exhibit Colgan, #24 Exhibit Bend Hotel, #25 Exhibit Rococo Steak, #26 Exhibit Wellness Eatery, #27 Exhibit First Watch, #28 Exhibit Protege Restaurant, #29 Exhibit Selane Products, #30 Exhibit Whiskey Flats, #31 Exhibit Cafe Plaza, #32 Exhibit Cafe La Trova, #33 Exhibit Family Tacos, #34 Exhibit Mikmar, #35 Exhibit Torgerson)(Kuczynski, Dana) Modified text on 2/26/2021 (MRR, ). |
| Filing 40 NOTICE of Supplemental Authorities in Support of Their Response In Opposition to the Opposed Motion to Dismiss the Second Amended Complaint and Incorporated Memorandum of Law re #35 Response in Opposition to Motion by Homestate Seafood LLC, James W Samford DMD LLC (Attachments: #1 Declaration of W. Tucker Brown, #2 Exhibit A to Brown Declaration, #3 Exhibit B to Brown Declaration, #4 Exhibit C to Brown Declaration, #5 Exhibit D to Brown Declaration, #6 Exhibit E to Brown Declaration, #7 Exhibit F to Brown Declaration, #8 Exhibit G to Brown Declaration, #9 Exhibit H to Brown Declaration, #10 Exhibit I to Brown Declaration, #11 Exhibit J to Brown Declaration, #12 Exhibit K to Brown Declaration, #13 Exhibit L to Brown Declaration)(Brown, W) Modified text on 1/28/2021 (MRR, ). |
| Filing 39 SECOND NOTICE of Supplemental Authorities in Further Support of Opposed Motion to Dismiss Second Amended Complaint re #32 MOTION to Dismiss Second Amended Complaint [D.E. 31] and Incorporated Memorandum of Law In Support Thereof by Cincinnati Insurance Company, The (Attachments: #1 Exhibit Gerleman Mgmt., #2 Exhibit Emerald Coast, #3 Exhibit Tappo of Buffalo, #4 Exhibit Drama Camp, #5 Exhibit Jonathan Oheb MD, #6 Exhibit Atma Beauty, #7 Exhibit Roy H. Johnson, DDS, #8 Exhibit Edison Kennedy, #9 Exhibit Steven Baker, #10 Exhibit Bluegrass, LLC, #11 Exhibit K D Unlimited, #12 Exhibit Island Hotel, #13 Exhibit Mena Catering)(Chodos, Jason) Modified on 1/12/2021 (MRR, ). |
| Filing 38 NOTICE of Supplemental Authorities in Further Support of Opposed Motion to Dismiss Second Amended Complaint re #32 by Cincinnati Insurance Company, The (Attachments: #1 Exhibit West Coast Hotel, #2 Exhibit Raymond H. Nahmad, #3 Exhibit Uncork & Create, #4 Exhibit Real Hospitality, #5 Exhibit Water Sports Kauai, #6 Exhibit South Florida ENT, #7 Exhibit Long Affair, #8 Exhibit T&E Chicago, #9 Exhibit Zwillo, #10 Exhibit Promotional Headware, #11 Exhibit 4431, Inc., #12 Exhibit El Novillo, #13 Exhibit Palmer Holdings, #14 Exhibit Kessler Dental, #15 Exhibit Sultan Hajer, #16 Exhibit SA Palm Beach, #17 Exhibit Michael Cetta, Inc., #18 Exhibit Catlin Dental, #19 Exhibit Richard Kirsch, #20 Exhibit Boulevard Carroll, #21 Exhibit 10012 Holdings, #22 Exhibit Prime Time Sports, #23 Exhibit Newchops, #24 Exhibit Santo's Italian, #25 Exhibit Mortar & Pestle, #26 Exhibit 1210 McGavock, #27 Exhibit Sun Cuisine)(Chodos, Jason) Modified text on 12/30/2020 (MRR, ). |
| Filing 37 REPLY to Response to Motion re #32 MOTION to Dismiss Second Amended Complaint [D.E. 31] and Incorporated Memorandum of Law In Support Thereof filed by Cincinnati Insurance Company, The. (Attachments: #1 Exhibit "A" - North State Deli Transcript Excerpt)(Chodos, Jason) |
| Filing 36 NOTICE by Homestate Seafood LLC, James W Samford DMD LLC re #35 Response in Opposition to Motion of Supplemental Authority In Support of Their Response In Opposition to the Opposed Motion to Dismiss the Second Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe) |
| Filing 35 RESPONSE in Opposition to #32 MOTION to Dismiss filed by Homestate Seafood LLC, James W Samford DMD LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe) Modified text on 10/13/2020 (MRR, ). |
| Filing 34 Joint NOTICE of JPML Ruling by Cincinnati Insurance Company, The, Homestate Seafood LLC, James W Samford DMD LLC (Attachments: #1 Exhibit JPML Order)(Chodos, Jason) Modified text and added filers on 10/6/2020 (MRR, ). |
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Filing 33
TEXT ORDER- This case is before the court on Defendant's motion to dismiss. Doc. #32 . Any response by Plaintiffs is due on or before OCTOBER 13, 2020. Plaintiffs' brief in response is limited to thirty-five pages exclusive of any exhibits. Any reply by Defendant is limited to ten pages and must be filed on or before OCTOBER 27, 2020. Signed by Judge Anna M Manasco on 9/16/20. (MRR, )
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| Set Deadlines as to #32 MOTION Responses due by 10/13/2020 Replies due by 10/27/2020. (MRR, ) |
| Filing 32 MOTION to Dismiss Second Amended Complaint [D.E. 31] and Incorporated Memorandum of Law In Support Thereof by Cincinnati Insurance Company, The. (Attachments: #1 Exhibit "A" - Gavrilides Order and Hearing Transcript, #2 Exhibit "B" - Inns by the Sea Order and Demurrer, #3 Exhibit "C" - CDC Reopening Guidance, #4 Exhibit "D" - EPA Online Publication, List N, #5 Exhibit "E" - Social Life Hearing Transcript, #6 Exhibit "F" - ISO Property Casualty Transmittal Document)(Chodos, Jason) |
| Filing 31 AMENDED COMPLAINT (Second) against Cincinnati Insurance Company, The, filed by James W Samford DMD LLC, Homestate Seafood LLC.(Whatley, Joe) |
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Filing 30
TEXT ORDER- This case is before the court on the parties' Stipulation For Leave To File Second Amended Complaint. Doc. #29 . The motion is GRANTED. Signed by Judge Anna M Manasco on 8/24/20. (MRR, )
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| Filing 29 MOTION For Leave to File Second Amended Complaint by Homestate Seafood LLC, James W Samford DMD LLC. filed by Homestate Seafood LLC, James W Samford DMD LLC (Attachments: #1 Exhibit A - Second Amended Complaint)(Brown, W) Modified on 8/24/2020 (FNC). Filed as a stipulation, should be filed as a motion. Gavel added. |
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Filing 28
TEXT ORDER - This case is before the court on the parties' joint motion to stay all proceedings in this case except for pleadings and related motions. Doc. #27 . The motion is GRANTED. All discovery deadlines established by the Initial Order, Doc. #23 , are STAYED. The defendant's deadline to file a responsive pleading to the amended complaint remains in effect. Upon any motion to dismiss, the court will set an appropriate briefing schedule. The parties are ORDERED to notify the court within two business days of any relevant ruling by the JPML. Signed by Judge Anna M Manasco on 8/14/2020. (KEK)
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| Filing 27 Joint MOTION to Stay by Cincinnati Insurance Company, The. (Chodos, Jason) |
| Filing 26 AMENDED COMPLAINT against Cincinnati Insurance Company, The, filed by Homestate Seafood LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe) |
| Filing 25 NOTICE of Appearance by William Chambers Waller, IV on behalf of Cincinnati Insurance Company, The (Waller, William) |
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Filing 24
ORDER- The court's independent review of the Class Action Complaint (Doc #1 ) reveals that it is an impermissible shotgun pleading; The complaint is STRICKEN and the deft's Motion to Dismiss (Doc #18 ) is DENIED as moot; Pltf is ORDERED to replead on or before August 10, 2020 in conformity with FRCP 8(a)(2) and 10(b), as well as the Eleventh Circuit's instructions about properly pleading a complaint. Signed by Judge Anna M Manasco on 7/23/20. (MRR, )
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Filing 23
INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices I, II, and III attached. This order governs all further proceedings in this court. Signed by Judge Anna M Manasco on 7/23/20. (MRR, )
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| Filing 22 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the Judge Judge Anna M Manasco. Magistrate Judge Gray M Borden no longer assigned to the case. The telephone conference set for 8/12/2020 at 10:30 a.m. is cancelled. (KAM) |
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Filing 21
ORDER that the parties are reminded that this case will be reassigned to a district judge after 8/27/2020 unless the unanimously consent to the jurisdiction of a magistrate judge; Telephone Conference set for 8/12/2020 10:30 AM before Magistrate Judge Gray M Borden; parties are DIRECTED to dial 866-390-1828 no less than five minutes before the status conference begins. The access code is 9262283. The telephone conference will be canceled by separate order if all parties submit forms 24 hours in advance. Signed by Magistrate Judge Gray M Borden on 7/14/2020. (KAM)
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| Set Deadlines as to #18 MOTION to Dismiss Class Action Complaint [D.E. 1]. Responses due by 7/27/2020 Replies due by 8/3/2020. (KAM) |
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Filing 20
TEXT ORDER re #18 MOTION to Dismiss Class Action Complaint [D.E. 1] filed by Defendant Cincinnati Insurance Company. The plaintiff shall file a response to the motion on or before July 27, 2020, and the defendant may file a reply in support of its motion on or before August 3, 2020. Signed by Magistrate Judge Gray M Borden on 07/13/2020. (RCP)
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| Filing 19 Brief re #18 MOTION to Dismiss Class Action Complaint [D.E. 1] - Defendant's Brief in Support of Motion to Dismiss [D.E. 18] filed by Cincinnati Insurance Company, The. (Attachments: #1 Exhibit "A" - Gavrilides Hearing Transcript, #2 Exhibit "B" - CDC Reopening Guidance, #3 Exhibit "C" - Social Life Hearing Transcript, #4 Exhibit "D" - ISO Property Casualty Transmittal Document (Revised 1.1.06))(Chodos, Jason) |
| Filing 18 MOTION to Dismiss Class Action Complaint [D.E. 1] by Cincinnati Insurance Company, The. (Chodos, Jason) |
| Filing 17 Corporate Disclosure Statement by Cincinnati Insurance Company, The. filed by Cincinnati Insurance Company, The (Chodos, Jason) |
| Filing 16 NOTICE of Appearance by Dana Beth Kuczynski on behalf of Cincinnati Insurance Company, The (Kuczynski, Dana) |
| Filing 15 NOTICE of Appearance by Jason M Chodos on behalf of Cincinnati Insurance Company, The (Chodos, Jason) |
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Filing 14
TEXT ORDER granting #12 , #13 Motions for Admission Pro Hac Vice. Signed by Magistrate Judge Gray M Borden on 06/19/2020. (RCP)
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| Filing 13 MOTION for Leave to File Motion for Admission Pro Hac Vice -- Dana Kuczynski by Cincinnati Insurance Company, The. (Dowd, Augusta) |
| Filing 12 MOTION for Leave to File Motion for Admission Pro Hac Vice by Cincinnati Insurance Company, The. (Dowd, Augusta) |
| PHV Fee paid: $ 75, receipt number 1126-3613394. (Dowd, Augusta) |
| PHV Fee paid: $ 75, receipt number 1126-3613399. (Dowd, Augusta) |
| Filing 11 NOTICE of Appearance by Craig A. Shirley on behalf of Cincinnati Insurance Company, The (Shirley, Craig) |
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Filing 10
TEXT ORDER granting #9 Motion for Extension of Time. The defendant shall file its response to the complaint on or before July 13, 2020. Signed by Magistrate Judge Gray M Borden on 06/10/2020. (RCP)
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| Filing 9 Unopposed MOTION for Extension of Time to Respond to Complaint by Cincinnati Insurance Company, The. (Dowd, Augusta) Modified text on 6/10/2020 (MRR, ). |
| Filing 8 NOTICE of Appearance by Augusta S Dowd on behalf of Cincinnati Insurance Company, The (Dowd, Augusta) |
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Filing 7
TEXT ORDER granting #4 Motion for Admission Pro Hac Vice. Signed by Magistrate Judge Gray M Borden on 05/28/2020. (RCP)
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| Filing 6 NOTICE of Appearance by Dennis G Pantazis on behalf of Homestate Seafood LLC (Pantazis, Dennis) |
| Filing 5 SUMMONS Returned Executed by Homestate Seafood LLC. Cincinnati Insurance Company, The served on 5/22/2020, answer due 6/12/2020. (Brown, W) |
| PHV Fee paid: $ 75, receipt number 1126-3596574 (B4601106117). (Brown, W) Modified on 5/27/2020 (MRR, ). |
| Filing 4 MOTION for Admission Pro Hac Vice of Patrick J. Sheehan by Homestate Seafood LLC. (Attachments: #1 Declaration in Support of Motion to Appear Pro Hac Vice)(Brown, W) |
| Filing 3 Summons Issued as to Cincinnati Insurance Company, The; Delivered to plaintiff for service. (AKD) |
| Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing 1 COMPLAINT against Cincinnati Insurance Company, The, filed by Homestate Seafood LLC. (Attachments: #1 Exhibit A)(MRR, ) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3587173 (B4601105851). related document #1 COMPLAINT against Cincinnati Insurance Company, The, filed by Homestate Seafood LLC. (Attachments: # 1 Exhibit A)(MRR, ). (Whatley, Joe) Modified on 5/8/2020 (MRR, ). |
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| Search for this case: Homestate Seafood LLC v. Cincinnati Insurance Company, The | |
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| Plaintiff: Homestate Seafood LLC | |
| Represented By: | Dennis George Pantazis, Jr |
| Represented By: | Joe R Whatley, Jr |
| Represented By: | W Tucker Brown |
| Represented By: | Patrick J Sheehan |
| Represented By: | Dennis G Pantazis |
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| Plaintiff: Homestate Seafood LLC individually and behalf of all others similarly situated doing business as Automatic Seafood & Oysters | |
| Represented By: | Dennis George Pantazis, Jr |
| Represented By: | Joe R Whatley, Jr |
| Represented By: | W Tucker Brown |
| Represented By: | Patrick J Sheehan |
| Represented By: | Dennis G Pantazis |
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| Plaintiff: James W Samford DMD LLC d/b/a Oak Mountain Family Dentistry, individually, and on behalf of others similarly situated | |
| Represented By: | Dennis George Pantazis, Jr |
| Represented By: | Joe R Whatley, Jr |
| Represented By: | W Tucker Brown |
| Represented By: | Patrick J Sheehan |
| Represented By: | Dennis G Pantazis |
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| Defendant: Cincinnati Insurance Company, The | |
| Represented By: | Dana Beth Kuczynski |
| Represented By: | Jason M Chodos |
| Represented By: | Craig A. Shirley |
| Represented By: | Augusta S Dowd |
| Represented By: | William Chambers Waller, IV |
| Represented By: | Ericka Celeste Hammett |
| Represented By: | Mark W Rattan |
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