QBE Specialty Insurance Co. et al v. The Enclave at Oak Hill Owners Association, Inc.
| QBE Specialty Insurance Co., IAT CCM LTD and Everest Corporate Member LTD |
| The Enclave at Oak Hill Owners Association, Inc. |
| Indian Harbor Insurance Co. and Crum & Forster Specialty Insurance Co. |
| Certain Underwriters at Lloyd's London |
| KONE Inc. |
| 1:2023cv00100 |
| March 21, 2023 |
| US District Court for the Southern District of Alabama |
| Jeffrey U Beaverstock |
| Sonja F Bivins |
| Insurance |
| 28 U.S.C. § 1332 Diversity Action |
| Defendant |
Docket Report
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| Filing 62 Notice of Filing Notice of Service Notice of Deposition of The Enclave at Oak Hill Owners Association, Inc. Corporate Representative filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Hambrick, Matthew) |
| Filing 61 NOTICE by The Enclave at Oak Hill Owners Association, Inc. (Moss, Trent) |
| Filing 60 Notice of Filing Defendant's First Supplemental Responses to Plaintiff's First Set of Interrogatories filed by The Enclave at Oak Hill Owners Association, Inc.. (Huffstutler, Matthew) |
Filing 59
ENDORSED ORDER Granting Plaintiffs' Motion to Withdraw their Motion to Compel ATA Loss Consulting, LLC to comply with non-party Subpoena #55 . Signed by Magistrate Judge Sonja F. Bivins on 11/15/2023. (Bivins, Sonja)
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| Filing 58 Notice of Filing Privilege Log filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Williams, Arthur) |
| Filing 57 Notice of Filing Responses to INT and RFP filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Williams, Arthur) |
| Filing 56 Notice of Filing Supplemental Document Production filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Williams, Arthur) |
| Filing 55 MOTION to Withdraw Motion to Compel ATA Loss Consulting, LLC filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Williams, Arthur) |
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Filing 54
ORDER GRANTING #38 MOTION to Compel filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, QBE Specialty Insurance Co., Indian Harbor Insurance Co.. ATA Loss Consulting is hereby ORDERED to produce all documents responsive to the subpoena within fourteen (14) days of this Order. Signed by Magistrate Judge Sonja F. Bivins on 11/08/2023. (cjr)
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| MOTIONS REFERRED: #55 MOTION to Withdraw Motion to Compel ATA Loss Consulting, LLC Referred to Judge Sonja F. Bivins. (cjr) |
| Filing 53 Notice of Filing Request for Production filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Williams, Arthur) |
| Filing 52 Notice of Filing Rule 26 Expert Disclosures and Document Production filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Williams, Arthur) |
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Filing 51
ENDORSED ORDER granting Insurers' Motion to Withdraw Motion to Compel Non-party Kone, Inc. to comply with Subpoena #50 . Signed by Magistrate Judge Sonja F. Bivins on 10/25/2023. (Bivins, Sonja)
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| Filing 50 MOTION to Withdraw #39 MOTION to Compel Compliance with Non-Party Subpoena filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Hambrick, Matthew) |
| MOTIONS REFERRED: #50 MOTION to Withdraw #39 MOTION to Compel Compliance with Non-Party Subpoena to Judge Sonja F. Bivins. (fz) |
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Filing 49
ORDER directing ATA Loss Consulting to SHOW CAUSE by 10/31/2023 why Insurers' motion #38 requesting an order compelling ATA Loss Consulting to comply with their subpoena should not be granted. Signed by Magistrate Judge Sonja F. Bivins on 10/17/2023. Copy of this order and (Doc. #42 ) mailed to ATA Loss Consulting. (fz)
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| Filing 48 Notice of Filing Documents Responsive to Nonparty Subpoena filed by KONE Inc.. (Burns-Brown, Christine) |
| Filing 47 Notice of Filing Plaintiff's Responses to Defendant's First Set of Interrogatories filed by The Enclave at Oak Hill Owners Association, Inc.. (Huffstutler, Matthew) |
| Filing 46 Notice of Filing Deposition Notices filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Hambrick, Matthew) |
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Filing 45
ORDER granting Non-party KONE, Inc.'s Unopposed Motion for Extension of Time #44 . Upon consideration and for good cause shown, the time for Non-party KONE, Inc. to response to Plaintiff's Motion to Compel is EXTENDED to October 23, 2023. Signed by Magistrate Judge Sonja F. Bivins on 10/13/2023. (Bivins, Sonja)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Compel Compliance with Non-Party Subpoena filed by KONE Inc.. (Burns-Brown, Christine) |
| MOTIONS REFERRED: #44 Unopposed MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Compel Compliance with Non-Party Subpoena to Judge Sonja F. Bivins. (fz) |
| Filing 43 Notice of Filing Defendant's Responses to Plaintiff's First Set of Requests for Production of Documents filed by The Enclave at Oak Hill Owners Association, Inc.. (Huffstutler, Matthew) |
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Filing 42
Order re: #38 MOTION to Compel Compliance with Non-Party Subpoena and #39 MOTION to Compel Compliance with Non-Party Subpoenafiled by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, QBE Specialty Insurance Co., Indian Harbor Insurance Co. Non-Party ATA LossConsulting, LLC and Non-Party KONE, Inc. is directed to SHOW CAUSE by 10/13/2023 as set out. Signed by Magistrate Judge Sonja F. Bivins on 09/29/2023. (srd)
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Filing 40
Order setting Telephone Conference for 9/29/2023 at 11:00 AM before Magistrate Judge Sonja F. Bivins. TELEPHONE CONFERENCE INFO: 571-353-2301 (Guest ID: 002111801#). Signed by Magistrate Judge Sonja F. Bivins on 09/29/2023. (srd)
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| MOTIONS REFERRED: #39 MOTION to Compel Compliance with Non-Party Subpoena to Judge Sonja F. Bivins. (fz) |
| Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Telephone Conference held on 9/29/2023. DCR Digital Audio Recording. (srd) |
| Filing 39 WITHDRAWN per: (Doc. 51) MOTION to Compel Compliance with Non-Party Subpoena filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C) (Hambrick, Matthew) Modified on 10/25/2023 (fz) |
| Filing 38 MOTION to Compel Compliance with Non-Party Subpoena filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D) (Hambrick, Matthew) |
| Filing 37 Evidentiary Material filed by QBE Specialty Insurance Co., Indian Harbor Insurance Co., IAT CCM LTD, Everest Corporate Member LTD, Crum & Forster Specialty Insurance Co., Certain Underwriters at Lloyd's London. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7) (Hambrick, Matthew) |
| MOTIONS REFERRED: #38 MOTION to Compel Compliance with Non-Party Subpoena to Judge Sonja F. Bivins. (fz) |
| Filing 36 Notice of Filing Responses to RFA filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Williams, Arthur) |
| Filing 35 Notice of Filing Notice of Deposition filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co., The Enclave at Oak Hill Owners Association, Inc.. (Williams, Arthur) |
| Filing 34 Notice of Filing Responses to Requests for Admission filed by The Enclave at Oak Hill Owners Association, Inc.. (Huffstutler, Matthew) |
| Filing 33 Notice of Filing Requests for Admission; First Interrogatories; and First Requests for Production of Documents filed by The Enclave at Oak Hill Owners Association, Inc.. (Huffstutler, Matthew) |
| Filing 32 Notice of Filing Interrogatories, Requests for Admissions, and Request for Production filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co., The Enclave at Oak Hill Owners Association, Inc.. (Williams, Arthur) |
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Filing 31
PROTECTIVE ORDER. Signed by Magistrate Judge Sonja F. Bivins on 6/30/23. (cmj)
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| Filing 30 Joint MOTION for Protective Order filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co., The Enclave at Oak Hill Owners Association, Inc.. (Attachments: #1 Exhibit A) (Williams, Arthur) |
| Filing 29 Notice of Filing Rule 26th Initial Disclosures filed by The Enclave at Oak Hill Owners Association, Inc.. (Huffstutler, Matthew) |
| MOTIONS REFERRED: #30 Joint MOTION for Protective Order Referred to Judge Sonja F. Bivins. (cmj) |
| Filing 28 Notice of Filing Initial Disclosures filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co., The Enclave at Oak Hill Owners Association, Inc.. (Williams, Arthur) |
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Filing 27
AMENDED SCHEDULING ORDER: Pretrial Conference set for 7/9/2024 11:00 AM in US Courthouse, Courtroom 4A, 155 St. Joseph Street, Mobile, AL 36602 before Chief District Judge Jeffrey U. Beaverstock. Jury Selection set for 7/30/2024 08:45 AM in US Courthouse, Courtroom 4A, 155 St. Joseph Street, Mobile, AL 36602 before Chief District Judge Jeffrey U. Beaverstock. Discovery cutoff 3/1/2024. Amended Pleadings due by 7/31/2023. Motions due by 3/25/2024. Telephonic Pre-Settlement Conference set for 3/5/2024 10:00 AM before Magistrate Judge Sonja F. Bivins. Joint Proposed Protective Order due by 6/30/2023.. Signed by Magistrate Judge Sonja F. Bivins on 6/22/23. (Attachments: #1 Standing Pretrial Order) (cmj) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 26
ORDER re: #10 Motion to Compel Appraisal and Appoint Umpire and Supporting Memorandum and Reply. Upon review, the undersigned finds the motion is due to be DENIED, as set out. Signed by Magistrate Judge Sonja F. Bivins on 06/21/23. (cjr)
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Filing 25
SCHEDULING ORDER: Final Pretrial Conference set for 7/9/2024 at 11:00 AM before Chief District Judge Jeffrey U. Beaverstock. This is a firm setting and the parties are expected to be ready for trial on that date. Jury Selection set for 7/30/2024 08:45 AM. Jury Trial set sometime during the month of August 2024, the specific date to be set once the total number ofactions going to trial that month is determined (ETT 3-5 days). Discovery cutoff 3/1/2024. Amended Pleadings due by 7/31/2024. Dispositive Motions due by 3/25/2024. Pre-Settlement Conference set for 3/5/2024 at 10:00 AM before Magistrate Judge Sonja F. Bivins. Signed by Magistrate Judge Sonja F. Bivins on 06/21/23. (Attachments: #1 Standing Order Governing Pretrial Conference) (cjr) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Minute Entry for proceedings held before Magistrate Judge Sonja F. Bivins: Telephone Scheduling Conference held on 6/16/2023. DCR Digital Audio Recording. (srd) |
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Filing 23
Order setting telephonic scheduling conference. Telephonic Scheduling Conference set for 6/16/2023 10:00 AM before Magistrate Judge Sonja F. Bivins. See call in information. Signed by Magistrate Judge Sonja F. Bivins on 6/2/23. (cmj)
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| REFERRAL OF #22 Report of Rule 26(f) Planning Meeting to Judge Bivins. (cmj) |
| Filing 22 REPORT of Rule 26(f) Planning Meeting . (Hails, Edward) |
| REFERRAL OF #21 Reply, to Judge Bivins. (cmj) |
| Filing 21 REPLY to #18 Reply to Response to Motion Plaintiffs' and Third-Party Defendant's Sur-Reply to Defendant's Reply Brief (DOC. 18) filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Shreve, William) |
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Filing 20
ENDORSED ORDER granting [Doc. 19] Motion for Leave to File Sur-Reply. Signed by Magistrate Judge Sonja F. Bivins on 05/26/2023. (abm)
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| REFERRAL OF #18 Reply to Response to Motion to Judge Bivins. (cmj) |
| MOTIONS REFERRED: #19 MOTION for Leave to File Plaintiffs' and Third Party Defendant's Motion for Leave to File Sur-Reply Referred to Judge Sonja F. Bivins. (cmj) |
| Filing 19 MOTION for Leave to File Plaintiffs' and Third Party Defendant's Motion for Leave to File Sur-Reply filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co.. (Shreve, William) |
| MOTIONS REFERRED: #10 MOTION to Compel Appraisal and Appoint Umpire Referred to Judge Sonja F. Bivins. (fz) |
| Filing 18 REPLY to Response to Motion #10 filed by The Enclave at Oak Hill Owners Association, Inc.. (Moss, Trent) |
| REFERRAL OF #16 Evidentiary Material,, #17 Brief,, to Judge Bivins. (cmj) |
| Filing 17 Brief filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co., The Enclave at Oak Hill Owners Association, Inc. re #10 MOTION to Compel Appraisal and Appoint Umpire filed by Certain Underwriters at Lloyd's London, Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co., The Enclave at Oak Hill Owners Association, Inc.. (Williams, Arthur) |
| Filing 16 Evidentiary Material filed by QBE Specialty Insurance Co., The Enclave at Oak Hill Owners Association, Inc., Indian Harbor Insurance Co., IAT CCM LTD, Everest Corporate Member LTD, Crum & Forster Specialty Insurance Co., Certain Underwriters at Lloyd's London re: #10 MOTION to Compel Appraisal and Appoint Umpire. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11) (Williams, Arthur) |
| Filing 15 ANSWER to #13 Amended Complaint, by The Enclave at Oak Hill Owners Association, Inc.. (Huffstutler, Matthew) |
| Filing 14 ANSWER to #9 Answer to Complaint,, Third Party Complaint,, Counterclaim, by Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co., Certain Underwriters at Lloyd's London. (Williams, Arthur) Modified on 5/9/2023 (cmj). |
| Filing 13 AMENDED COMPLAINT against The Enclave at Oak Hill Owners Association, Inc., filed by Indian Harbor Insurance Co., IAT CCM LTD, Everest Corporate Member LTD, QBE Specialty Insurance Co., Crum & Forster Specialty Insurance Co.. (Shreve, William) |
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Filing 12
Order Setting Motion Deadline/Hearing re: #10 MOTION to Compel Appraisal and Appoint Umpire filed by The Enclave at Oak Hill Owners Association, Inc. Responses due by 5/15/2023; Replies due by 5/22/2023. Signed by Magistrate Judge Sonja F. Bivins on 5/1/23. (cmj)
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Filing 11
PRELIMINARY SCHEDULING ORDER entered Rule 26 Meeting Report due by 6/1/2023. Signed by Magistrate Judge Sonja F. Bivins on 4/18/2023. (Attachments: #1 Consent to Magistrate Judge) (fz)
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| MOTIONS REFERRED: #10 MOTION to Compel Appraisal and Appoint Umpire Referred to Judge Sonja F. Bivins. (cmj) |
| Filing 10 MOTION to Compel Appraisal and Appoint Umpire filed by The Enclave at Oak Hill Owners Association, Inc.. (Attachments: #1 Exhibit Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Moss, Trent) |
| Filing 9 ANSWER to #1 Complaint, with Jury Demand , THIRD PARTY COMPLAINT against Certain Underwriters at Lloyd's London, COUNTERCLAIM against Crum & Forster Specialty Insurance Co., Everest Corporate Member LTD, IAT CCM LTD, Indian Harbor Insurance Co., QBE Specialty Insurance Co. by The Enclave at Oak Hill Owners Association, Inc.. (Moss, Trent) |
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Filing 8
ENDORSED ORDER granting #6 and #7 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Sonja F. Bivins on 04/17/2023. (srd)
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| REFERRAL OF #7 Notice (Other), to Judge Bivins. (cmj) |
| Filing 7 NOTICE by The Enclave at Oak Hill Owners Association, Inc. re #6 MOTION and APPLICATION for Trent J. Moss to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. Ge, Motions Referred, (Attachments: #1 Exhibit Certificate of Good Standing) (Moss, Trent) |
| Filing 6 MOTION and APPLICATION for Trent J. Moss 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-3179001, Online Credit Card Payment) filed by The Enclave at Oak Hill Owners Association, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Moss, Trent) |
| Filing 5 NOTICE of Appearance by Matthew Ross Huffstutler on behalf of The Enclave at Oak Hill Owners Association, Inc. (Huffstutler, Matthew) |
| MOTIONS REFERRED: #6 MOTION and APPLICATION for Trent J. Moss to Appear Pro Hac Vice. Attorney affirms that a certificate of good standing that complies with #S.D. Ala. Ge Referred to Judge Sonja F. Bivins. (cmj) |
| Filing 4 NOTICE of Appearance by Matthew Hilton Hambrick on behalf of All Plaintiffs (Hambrick, Matthew) |
| Filing 3 Service Order entered 3/21/2023. Plaintiff to notify the Court the action taken to effect service and the results thereof. Service order deadline set to 5/5/2023. Signed by Chief District Judge Jeffrey U. Beaverstock on 3/21/2023. (fz) |
| Filing 2 Summons Issued as to The Enclave at Oak Hill Owners Association, Inc.. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (fz) |
| Filing 1 COMPLAINT against The Enclave at Oak Hill Owners Association, Inc. ( Filing fee $402 receipt number AALSDC-3170017, Online Credit Card Payment), filed by QBE Specialty Insurance Co., Indian Harbor Insurance Co., IAT CCM LTD, Everest Corporate Member LTD, Crum & Forster Specialty Insurance Co.. 90 day Rule 4m deadline set for 6/20/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Williams, Arthur) |
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