Phoenix West Owners Association, Inc. v. Engineered Cooling Services, LLC
| Phoenix West Owners Association, Inc. |
| International Fidelity Insurance Company |
| Engineered Cooling Services, LLC |
| Hill Company Gulf States, LLC, MGM Products, Inc. and Specialty Products, Inc. |
| 1:2021cv00331 |
| July 23, 2021 |
| US District Court for the Southern District of Alabama |
| William E Cassady |
| Callie V S Granade |
| Contract: Other |
| 28 U.S.C. § 1446 |
| Defendant |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 ANSWER to #24 Third Party Complaint, , CROSSCLAIM against MGM Products, Inc., Specialty Products, Inc. by Hill Company Gulf States, LLC. (Attachments: #1 Cross-Claim) (Burrow, Nathan) |
| Answers to #45 Crossclaim due from MGM Products, Inc. and Specialty Products, Inc. pursuant to FRCP 12(a)(1)(B). (mab) |
Filing 44
Order, ( Status Conference, by telephone, to discuss the question of whether to stay the entire case, set for 9/22/2021 04:00 PM before Magistrate Judge William E. Cassady.) To access the conference, the parties shall use the following numbers: CALL IN 877-873-8018 ACCESS CODE 3291819. Signed by Magistrate Judge P. Bradley Murray on 9/15/2021. (eec)
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| Filing 43 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement #37 filed by Specialty Products, Inc., Disclosure Statement Mailed #39 filed by Specialty Products, Inc. (Cassady, William) |
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Filing 42
Order. The Preliminary Scheduling Order (Doc. 40) is WITHDRAWN. The Order was inadvertently entered in an action partially stayed. (See Doc. 31). In all likelihood, the entire action will be stayed pending arbitration and mediation once all third party defendants have appeared and the court has conducted a second conference with counsel. Counsel for Third Party Plaintiff shall immediately notify the Court once all Third Party Defendants have been served. Signed by Magistrate Judge William E. Cassady on 9/15/21. (Cassady, William)
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| Filing 41 NOTICE of Appearance by Clarence Rivers, IV on behalf of MGM Products, Inc. (Rivers, Clarence) |
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Filing 40
(WITHDRAWN per Order Doc. 42)PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 10/29/2021. Signed by Magistrate Judge William E. Cassady on 9/14/2021. (Attachment: #1 consent form) (mab) Modified on 9/15/2021 (mab).
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| Filing 39 Disclosure Statement form e-mailed to ThirdParty Defendant Specialty Products, Inc. ; Disclosure Statement Due 8/17/2021 pursuant to Civil L.R. 7.1(a). (mab) |
| Filing 38 ANSWER to #24 Third Party Complaint, by MGM Products, Inc.. (Peddy, A.) |
| Filing 37 Corporate Disclosure Statement filed by ThirdParty Defendant Specialty Products, Inc.. (Logsdon, Larry) |
| Filing 36 NOTICE of Appearance by Larry S. Logsdon on behalf of Specialty Products, Inc. (Logsdon, Larry) |
| Filing 35 MOTION to Dismiss filed by Specialty Products, Inc.. (Griffith, Jonathan) |
| MOTIONS REFERRED: #35 MOTION to Dismiss #24 Third-Party Complaint; Referred to Judge William E. Cassady. (mab) |
| Filing 34 SUMMONS Returned Executed MGM Products Inc. by Engineered Cooling Services, LLC. MGM Products, Inc. served on 8/23/2021, answer due 9/13/2021 (Patronas, Patrick) |
| Filing 33 SUMMONS Returned Executed Specialty Products, Inc. by Engineered Cooling Services, LLC. Specialty Products, Inc. served on 8/23/2021, answer due 9/13/2021 (Patronas, Patrick) |
| Filing 32 SUMMONS Returned Executed Hill Company Gulf States, LLC by Engineered Cooling Services, LLC. Hill Company Gulf States, LLC served on 8/23/2021, answer due 9/13/2021 (Patronas, Patrick) |
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Filing 31
ORDER, GRANTING IN PART #20 Motion to Stay and/or to Affirm Stay Entered by the Circuit Court of Baldwin County; motion is granted to the extent that all claims between Plaintiff and Defendant are STAYED pending a final award in arbitration; motion is denied as to Third-Party Complaint. #4 Motion to Dismiss Count III is DENIED, without prejudice; #21 Motion to Suspend Briefing Schedule on Motion to Dismiss is MOOT. Signed by Magistrate Judge William E. Cassady on 8/25/201. (mab)
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Filing 29
Order. Oral argument was heard on all pending motions on today's date. Counsel shall submit a proposed order consistent with the Court's instructions not later than August 24, 2021. The proposed order is to be submitted in Word format and set to william_cassady@alsd.uscourts.gov. Signed by Magistrate Judge William E. Cassady on 8/20/21. (Cassady, William)
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| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Motion Hearing held on 8/20/2021 re #20 MOTION to Stay and/or Affirm Stay Entered by Circuit Court of Baldwin County filed by Phoenix West Owners Association, Inc. (Digital Court Recording; Courtroom 5A) (eec) |
| Filing 28 Summonses on Third-Party Complaint Issued as to Hill Company Gulf States, LLC, MGM Products, Inc., Specialty Products, Inc. (Note to Counsel: The Summonses have been issued. Please print copies necessary for service.) (mab) |
| Filing 27 NOTICE of Filing Proposed Summons by Engineered Cooling Services, LLC re: #24 Third Party Complaint, Against Specialty Products, Inc. (Patronas, Patrick) |
| Filing 26 NOTICE of Filing Proposed Summons by Engineered Cooling Services, LLC re: #24 Third Party Complaint, MGM Products, Inc. (Patronas, Patrick) |
| Filing 25 NOTICE of Filing Proposed Summons by Engineered Cooling Services, LLC re: #24 Third Party Complaint, Against Hill Company Gulf States, LLC (Patronas, Patrick) |
| Filing 24 THIRD PARTY COMPLAINT against Hill Company Gulf States, LLC, MGM Products, Inc., Specialty Products, Inc., filed by Engineered Cooling Services, LLC. (Attachments: #1 Exhibit Ex. A to ECS' 3rd Party Complaint, #2 Exhibit Ex. B to ECS' 3rd Party Complaint, #3 Exhibit Ex. C to ECS' 3rd Party Complaint, #4 Exhibit Ex. D to ECS' 3rd Party Complaint) (Monroe, Elliott) |
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Filing 23
Order re: #21 MOTION for Leave to File Motion to Suspend Briefing Scheduling on Motion to Dismiss and #20 MOTION to Stay and/or Affirm Stay Entered by Circuit Court of Baldwin County filed by Phoenix West Owners Association, Inc., ( Motion Hearing set, BY TELEPHONE, for 8/20/2021 11:00 AM before Magistrate Judge William E. Cassady.) To access the conference, the parties shall use the following numbers: CALL IN 877-873-8018 ACCESS CODE 3291819. Signed by Magistrate Judge William E. Cassady on 8/13/2021. (eec)
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| Filing 22 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement #19 filed by Phoenix West Owners Association, Inc. (Cassady, William) |
| Document endorsed NOTED by Senior Judge Callie V. S. Granade: #19 Corporate Disclosure Statement filed by Phoenix West Owners Association, Inc. (mab) |
| MOTIONS REFERRED: #20 MOTION to Stay and/or Affirm Stay Entered by Circuit Court of Baldwin County Referred to Judge William E. Cassady. (mab) |
| MOTIONS REFERRED: #21 MOTION to Suspend Briefing Scheduling on Motion to Dismiss referred to Judge William E. Cassady. (tot) |
| Filing 21 MOTION for Leave to File Motion to Suspend Briefing Scheduling on Motion to Dismiss filed by Phoenix West Owners Association, Inc.. (McDill, Jessica) |
| Filing 20 MOTION to Stay and/or Affirm Stay Entered by Circuit Court of Baldwin County filed by Phoenix West Owners Association, Inc.. (McDill, Jessica) |
| Filing 19 Corporate Disclosure Statement filed by Plaintiff Phoenix West Owners Association, Inc.. (Attachments: #1 Exhibit Exhibit A to PW Disclosures) (McDill, Jessica) |
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Filing 18
Order, Plaintiff Phoenix West Owners Association, Inc. is ORDERED, on orbefore August 18, 2021, to file its disclosure statement or SHOW CAUSE why ithas failed to comply with Civil L.R. 7.1. Signed by Senior Judge Callie V. S. Granade on 8/11/2021. (Attachment: #1 Disclosure Statement form) (mab)
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| Filing 17 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement, #14 filed by International Fidelity Insurance Company (Cassady, William) |
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Filing 16
ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, adjudged and decreed that counselor Harold Wesley Reeder, as a member in good standing of the Bar of the United States District Court for the Northern District of Florida, who has complied with the rules of this Court, be and is hereby admitted pro hac vice to serve the interests of justice in the above entitled cause. Signed by Magistrate Judge William E. Cassady on 8/10/21. (Cassady, William)
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| Filing 15 MOTION and APPLICATION for H. Wesley Reeder to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2852388, Online Credit Card Payment) filed by International Fidelity Insurance Company. (Attachments: #1 Certificate of Good Standing) (Reeder, Harold) |
| MOTIONS REFERRED: #15 MOTION and APPLICATION for H. Wesley Reeder to Appear Pro Hac Vice; Referred to Judge William E. Cassady. (mab) |
| Filing 14 Corporate Disclosure Statement filed by Defendants International Fidelity Insurance Company, IFIC Surety Group, Inc., Transguard Insurance Company of America, Inc. identifying Corporate Parent IFIC Surety Group, Inc., Corporate Parent Transguard Insurance Company of America, Inc. for International Fidelity Insurance Company.. (Terhaar, John) |
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Filing 13
ENDORSED ORDER granting #11 Motion for Leave to Appear. Signed by Magistrate Judge William E. Cassady on 8/5/21. (Cassady, William)
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| Filing 12 ANSWER to Complaint with Jury Demand by International Fidelity Insurance Company. (Terhaar, John) |
| Filing 11 Amended MOTION for Leave to Appear Pro Hac Vice filed by International Fidelity Insurance Company. (Terhaar, John) |
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Filing 10
ENDORSED ORDER granting #9 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, adjudged and decreed that counselor John G. Terhaar, as a member in good standing of the Bar of the United States District Court for the Northern District of Florida, who has complied with the rules of this Court, be and is hereby admitted pro hac vice to serve the interests of justice in the above entitled cause. Mr. Terhaar does need to supplement his application with an explanation as to what appears to be an inconsistency between his answers to questions 4(c & d) and 5 on the application. The supplementation is to be filed no later than August 11, 2021. Signed by Magistrate Judge William E. Cassady on 8/4/21. (Cassady, William)
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| Filing 9 MOTION and APPLICATION for John G. Terhaar to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. GenLR 83.3(d) is attached. ( Filing fee $ 75, Receipt number AALSDC-2849504, Online Credit Card Payment) filed by International Fidelity Insurance Company. (Attachments: #1 Certificate of Good Standing) (Terhaar, John) |
| MOTIONS REFERRED: #9 MOTION and APPLICATION for John G. Terhaar to Appear Pro Hac Vice; Referred to Judge William E. Cassady. (mab) |
| MOTIONS REFERRED: #11 Amended MOTION for Leave to Appear Pro Hac Vice Referred to Judge William E. Cassady. (mab) |
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Filing 8
ENDORSED ORDER taking under advisement #4 Motion to Dismiss. Plaintiff shall file a response not later than August 16, 2021. Should a reply to the response be deemed necessary, it shall be filed no later than August 23, 2021. Signed by Magistrate Judge William E. Cassady on 8/2/21. (Cassady, William)
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| Filing 7 Document endorsed NOTED by Senior Judge Callie V. S. Granade: Corporate Disclosure Statement #5 filed by Engineered Cooling Services, LLC (twg) |
| Filing 6 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement #5 filed by Engineered Cooling Services, LLC (Cassady, William) |
| Filing 5 Corporate Disclosure Statement filed by Defendant Engineered Cooling Services, LLC. (Monroe, Elliott) |
| Filing 4 MOTION to Dismiss filed by Engineered Cooling Services, LLC. (Attachments: #1 Supplement ECS's Memo of Law in Support of Motion to Dismiss, #2 Exhibit Ex. 1 to ECS's Memo of Law in Support of Motion to Dismiss) (Monroe, Elliott) |
| Filing 3 ECS' ANSWER to Complaint with Jury Demand by Engineered Cooling Services, LLC. (Monroe, Elliott) |
| MOTIONS REFERRED: #4 MOTION to Dismiss Referred to Judge William E. Cassady. (mab) |
| Filing 2 Consent to Notice of Removal by Defendant International Fidelity Insurance Company, filed by Engineered Cooling Services, LLC. (Patronas, Patrick) Modified on 8/10/2021 (mab). |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402, Receipt number AALSDC-2843897, Online Credit Card Payment), filed by Engineered Cooling Services, LLC. (Attachments: #1 Exhibit Exhibit A to Notice of Removal, #2 Exhibit Exhibit B to Notice of Removal, #3 Exhibit Exhibit C to Notice of Removal, #4 Exhibit Exhibit D to Notice of Removal, #5 Exhibit Exhibit E to Notice of Removal) (Patronas, Patrick) |
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