Landmark American Insurance Company v. Shurwest LLC et al
| Landmark American Insurance Company |
| Shurwest Financial Group, Shurwest LLC and Shurwest Holding Company Incorporated |
| 2:2019cv04743 |
| July 17, 2019 |
| US District Court for the District of Arizona |
| Susan R Bolton |
| Contract: Insurance |
| 28 U.S.C. § 2201 |
| Both |
Docket Report
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This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.
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Filing 48
ORDER pursuant to #47 Stipulation: IT IS ORDERED that the date for Landmark to file its Supplemental Opposition to Shurwest's Motion for Partial Summary Judgment is extended from January 16, 2020 to February 6, 2020. The hearing will be scheduled by the Court following the filing of the Supplemental Opposition. Signed by Senior Judge Susan R Bolton on 12/16/19. (MAW)
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| Filing 47 *STIPULATION FOR EXTENSION TO FILE SUPPLEMENTAL OPPOSITION TO SHURWEST LLC'S #17 MOTION FOR PARTIAL SUMMARY JUDGMENT by Landmark American Insurance Company. (Attachments: #1 Proposed Order)(Cho, Teresa) *Modified on 12/13/2019 to remove duplicative docket text (MSA). |
| Filing 46 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Gena LoPresto Sluga. (Sluga, Gena) |
| Filing 45 MINUTE ORDER: The parties having resolved the discovery dispute issue, Telephonic Discovery Dispute Hearing set on 11/26/2019 at 02:00 PM. is vacated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 43 MINUTE ORDER: Telephonic Discovery Dispute Hearing set for 11/26/2019 at 02:00 PM before Senior Judge Susan R Bolton. Counsel are advised that speaker phones and cell phones are not permitted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
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Filing 42
PROTECTIVE ORDER [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 11/18/19. (MAW)
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| Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference proceedings held on 10/01/2019, before Judge SUSAN R. BOLTON. [Court Reporter: Laurie A. Adams, RMR, CRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/2/2019. Redacted Transcript Deadline set for 12/10/2019. Release of Transcript Restriction set for 2/7/2020. (RAP) |
| Filing 41 AMENDED TRANSCRIPT REQUEST pursuant to 40 Notice of Deficiency by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC for proceedings held on 10/01/19, Judge Susan R Bolton hearing judge(s). (Lelutiu, Radu) |
| Filing 40 NOTICE TO FILER OF DEFICIENCY re: #39 Transcript Request filed by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. Document not in compliance with LRCiv 5.5(g) ELECTRONIC FILING - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. FOLLOW-UP ACTION REQUIRED: Please refile Transcript Request with sections 1 and 19 matching the name of the ECF registered user under whose credentials the document will be re-submitted under. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 39 TRANSCRIPT REQUEST by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC for proceedings held on 10/01/19, Judge Susan R Bolton hearing judge(s). (Hennigan, J) |
| Filing 38 TRANSCRIPT REQUEST by Landmark American Insurance Company for proceedings held on 10/01/2019, Judge Susan R Bolton hearing judge(s). (Sluga, Gena) |
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Filing 37
ORDER: On November 4, 2019, Defendants filed a Joint Motion for Entry of Protective Order (Doc. #36 ). IT IS ORDERED that the Joint Motion for Entry of Protective Order will be denied within 3 days of the date of this Order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Section II(G), specifically, subparagraph 1b. Signed by Senior Judge Susan R Bolton on 11/6/19. (MAW)
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| Filing 36 Joint MOTION for Protective Order by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Attachments: #1 Text of Proposed Order)(Hennigan, J) |
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Filing 35
ORDER: IT IS ORDER denying Defendants' Motion to Stay Discovery. (Doc. #23 ) IT IS FURTHER ORDERED granting Plaintiff's Request for 56(d) Relief. Plaintiff may file a supplemental response to Defendants' Motion for Partial Summary Judgment no later than 90 days from the date of this Order. (Doc. #25 ) IT IS FURTHER ORDERED denying Plaintiff's Emergency Motion to Stay Deadline to Respond to Shurwest's Motion for Summary Judgment as moot. (Doc. #30 ) IT IS FURTHER ORDERED vacating oral argument set on November 26, 2019 to be reset after Plaintiff files its supplemental response to Defendants' Motion for Partial Summary Judgment [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 10/18/19. (MAW)
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| Filing 34 SERVICE EXECUTED filed by Landmark American Insurance Company: Acceptance of Service re: Subpoena Duces Tecum upon Cohen Dowd Quigley P.C. on 10/16/2019. (Sluga, Gena) |
| Filing 33 REPLY to Response to Motion re: #30 Emergency MOTION to Stay Deadline to Respond to Shurwest's Motion for Summary Judgment filed by Landmark American Insurance Company. (Sluga, Gena) |
| Filing 32 REPLY to Response to Motion re: #17 MOTION for Partial Summary Judgment and Memorandum of Points and Authorities filed by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Hennigan, J) |
| Filing 31 RESPONSE to Motion re: #30 Emergency MOTION to Stay Deadline to Respond to Shurwest's Motion for Summary Judgment filed by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Attachments: #1 Exhibit A)(Hennigan, J) |
| Filing 30 *Emergency MOTION to Stay Deadline to Respond to #17 Shurwest's Motion for Partial Summary Judgment by Landmark American Insurance Company. (Attachments: #1 Text of Proposed Order)(Sluga, Gena) *Modified to add document link on 10/11/2019 (REK). |
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Filing 29
SCHEDULING ORDER: Discovery due by 8/28/2020. Dispositive motions due by 1/8/2021. Proposed Pretrial Order due by 5/24/2021. Pretrial Conference set for 6/1/2021 at 10:00 AM before Senior Judge Susan R Bolton. Jury Trial set for 6/8/2021 at 09:00 AM before Senior Judge Susan R Bolton [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 10/2/19. (MAW)
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| Filing 28 MINUTE ENTRY for proceedings held before Senior Judge Susan R Bolton: Scheduling Conference held on 10/1/2019. Defendants' Motion to Stay Discovery (Doc. #23 ) and Defendants' MIDP disclosures are discussed. Deadlines discussed and entered. Scheduling Order to follow. A copy of the form of the Joint Proposed Pretrial Order is provided to counsel this date. APPEARANCES: Gena Sluga, Lon Johnson and Teresa Cho (telephonically) for Plaintiff. Radu Lelutiu for Defendants. (Court Reporter Laurie Adams) Hearing held 1:16 PM to 1:40 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 27 NOTICE of Service of Discovery filed by Landmark American Insurance Company. (Sluga, Gena) |
| Filing 26 NOTICE TO FILER OF DEFICIENCY re: #24 Request filed by Landmark American Insurance Company, #25 MOTION Rule 56(d) Relief re: #23 MOTION to Stay Discovery and Memorandum of Points and Authorities filed by Landmark American Insurance Company. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) |
| Filing 25 MOTION Rule 56(d) Relief re: #23 MOTION to Stay Discovery and Memorandum of Points and Authorities by Landmark American Insurance Company. (Attachments: #1 Exhibit Exhibit A)(Sluga, Gena) |
| Filing 24 REQUEST re: Judicial Notice by Plaintiff Landmark American Insurance Company. (Attachments: #1 Exhibits A-L)(Sluga, Gena) |
| Filing 23 MOTION to Stay Discovery and Memorandum of Points and Authorities by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Attachments: #1 Exhibit A, #2 Exhibit PROPOSED ORDER)(Lelutiu, Radu) |
| Filing 22 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) (JOINT) filed by Plaintiff Landmark American Insurance Company, Counter Defendant Landmark American Insurance Company. (Cho, Teresa) |
| Filing 21 MINUTE ORDER: Motion Hearing set for 11/26/2019 at 11:00AM before Senior Judge Susan R Bolton, Courtroom 502 as to #17 MOTION for Partial Summary Judgment. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 20 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC, Counter Claimants Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Hennigan, J) |
| Filing 19 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Landmark American Insurance Company. (Sluga, Gena) |
| Filing 18 STATEMENT OF FACTS re: #17 MOTION for Partial Summary Judgment and Memorandum of Points and Authorities by Defendants Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC, Counter Claimants Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Hennigan, J) |
| Filing 17 MOTION for Partial Summary Judgment and Memorandum of Points and Authorities by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Attachments: #1 Exhibit Andy Kvesic Declaration, #2 Exhibit Ex. 1 to Kvesic Decl., #3 Exhibit Ex. 2 to Kvesic Decl., #4 Exhibit Ex. 3 to Kvesic Decl., #5 Exhibit Travis Leach Declaration)(Hennigan, J) |
| Filing 16 ANSWER to #12 Answer to Complaint, Counterclaim by Landmark American Insurance Company.(Sluga, Gena) |
| Remark: Pro hac vice motion(s) granted for Radu A Lelutiu on behalf of Defendants Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC, Counter Claimants Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Robin Lynne Cohen on behalf of Defendants Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC, Counter Claimants Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 15 Corporate Disclosure Statement by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Hennigan, J) |
| Filing 14 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Shurwest Financial Group, Shurwest Holding Company Incorporated and Shurwest LLC. (MAW) |
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Filing 13
ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for October 1, 2019, at 1:15 p.m., in Courtroom 502, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151 [see attached Order for details]. Signed by Senior Judge Susan R Bolton on 8/26/19. (MAW)
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| Remark: Pro hac vice motion(s) granted for Teresa Cho on behalf of Plaintiff Landmark American Insurance Company, Counter Defendant Landmark American Insurance Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 12 Defendants ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Landmark American Insurance Company by Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC.(Hennigan, J) |
| Filing 11 NOTICE of Appearance by J Michael Hennigan on behalf of Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Hennigan, J) |
| Filing 10 SERVICE EXECUTED filed by Landmark American Insurance Company: Rule 4 Waiver of Service of Summons. Waiver sent on 8/16/2019 to Shurwest Financial Group . (Sluga, Gena) |
| Filing 9 SERVICE EXECUTED filed by Landmark American Insurance Company: Rule 4 Waiver of Service of Summons. Waiver sent on 8/16/2019 to Shurwest Holding Company, Inc. . (Sluga, Gena) |
| Filing 8 SERVICE EXECUTED filed by Landmark American Insurance Company: Rule 4 Waiver of Service of Summons. Waiver sent on 8/16/2019 to Shurwest, LLC . (Sluga, Gena) |
| Filing 7 Corporate Disclosure Statement by Landmark American Insurance Company identifying Corporate Parent Alleghany Corporation for Landmark American Insurance Company. (Sluga, Gena) |
| Filing 6 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Landmark American Insurance Company. (DLC) |
| Filing 5 Summons Issued as to Shurwest Financial Group, Shurwest Holding Company Incorporated, Shurwest LLC. (Attachments: #1 Summons, #2 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (DLC) |
| Filing 3 Filing fee paid, receipt number 0970-17173898. This case has been assigned to the Honorable Senior Judge Susan R Bolton. All future pleadings or documents should bear the correct case number: CV-19-4743-PHX-SRB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) |
| Filing 2 SUMMONS Submitted by Landmark American Insurance Company. (Sluga, Gena) (Attachments: #1 Summons, #2 Summons)(DLC) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17173898 filed by Landmark American Insurance Company. (Sluga, Gena) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A&B, #3 Exhibit C&D, #4 Exhibit E-G, #5 Exhibit H&I, #6 Exhibit J-P)(DLC) |
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