Kunde Enterprises, Inc. et al v. National Surety Corporation et al
| Vintage Wine Estates, Inc. and Kunde Enterprises, Inc. |
| National Surety Corporation, Liberty Specialty Markets Insurance Group, Travelers Marine Cargo, Certain Underwriters at Lloyd's London, Navigators Underwriting Agency Limited, RSA Insurance Group and Brit Global Specialty |
| 4:2019cv06636 |
| October 16, 2019 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Jeffrey S White |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 33 CLERK'S NOTICE VACATING HEARING ON MOTION TO DISMISS (jjoS, COURT STAFF) (Filed on 12/12/2019) |
| Filing 32 REPLY (re #4 MOTION to Dismiss or in the alternative sever, #3 MOTION to Dismiss or in the alternative sever) filed by National Surety Corporation. (Attachments: #1 Declaration Melissa Dubbs, #2 Exhibit A & B to Dubbs Declaration, #3 Certificate/Proof of Service, #4 Supplement Request for Judicial Notice)(Dubbs, Melissa) (Filed on 12/6/2019) Modified on 12/9/2019 (cjlS, COURT STAFF). |
| Filing 31 OPPOSITION/RESPONSE re #3 MOTION to Dismiss or in the alternative sever Plaintiff Vintage Wine States, Inc.'s Claims from Plaintiff Kunde Enterprises, Inc.'s Claim for Misjoinder Under FRCP 20 AND 21 filed by Brit Global Specialty, Certain Underwriters at Lloyd's London, Liberty Specialty Markets Insurance Group, Navigators Underwriting Agency Limited, RSA Insurance Group, Travelers Marine Cargo. (Robb, George) (Filed on 12/6/2019) Modified on 12/6/2019 (cjlS, COURT STAFF). |
| Filing 30 Declaration of PAT RONEY in Support of #29 Opposition/Response to Motion MOTION to Dismiss or in the alternative sever filed byKunde Enterprises, Inc., Vintage Wine Estates, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #29 ) (Roberts, Brook) (Filed on 11/15/2019) |
| Filing 29 OPPOSITION/RESPONSE (re #3 MOTION to Dismiss or in the alternative sever ) filed byKunde Enterprises, Inc., Vintage Wine Estates, Inc.. (Attachments: #1 Proposed Order)(Roberts, Brook) (Filed on 11/15/2019) |
| Filing 28 Vintage Wine Estates, Inc.'s Answer to #12 Defendants Royal & Sun Alliance Insurance PLC and Certain Underwriters at Lloyd's London's Counterclaim for Declaratory Relief by Vintage Wine Estates, Inc. (Roberts, Brook) (Filed on 11/13/2019) Modified on 11/14/2019 (cjlS, COURT STAFF). |
| Filing 27 Certificate of Interested Entities by Kunde Enterprises, Inc., Vintage Wine Estates, Inc. (Roberts, Brook) (Filed on 11/13/2019) |
| Filing 26 Corporate Disclosure Statement by Kunde Enterprises, Inc., Vintage Wine Estates, Inc. (Roberts, Brook) (Filed on 11/13/2019) |
| Filing 25 NOTICE of Appearance by Melanie Jean Grindle on behalf of Plaintiffs Kunde Enterprises, Inc. and Vintage Wine Estates, Inc. (Grindle, Melanie) (Filed on 11/13/2019) |
| Filing 24 NOTICE of Appearance by Steven B. Lesan on behalf of Plaintiffs Kunde Enterprises, Inc. and Vintage Wine Estates, Inc. (Lesan, Steven) (Filed on 11/13/2019) |
| Filing 23 NOTICE of Appearance by John Michael Wilson on behalf of Plaintiffs Kunde Enterprises, Inc. and Vintage Wine Estates, Inc. (Wilson, John) (Filed on 11/13/2019) |
| Filing 22 NOTICE of Appearance by Brook Blaine Roberts on behalf of Plaintiffs Kunde Enterprises, Inc. and Vintage Wine Estates, Inc. (Roberts, Brook) (Filed on 11/13/2019) |
| Filing 21 NON-OPPOSITION AND JOINDER IN #18 DEFENDANT NATIONAL SURETY CORPORATIONS MOTION TO DISMISS OR SEVER PLAINTIFF filed by Brit Global Specialty, Certain Underwriters at Lloyd's London, Liberty Specialty Markets Insurance Group, Navigators Underwriting Agency Limited, RSA Insurance Group, Travelers Marine Cargo. (Related document(s) #18 ) (Robb, George) (Filed on 11/1/2019) Modified on 11/4/2019 (cjlS, COURT STAFF). |
Filing 20
Order by Judge Jeffrey S. White granting #19 Stipulation Modifying Briefing Schedule re Motion to Drop or Sever for Misjoinder.(dtmS, COURT STAFF) (Filed on 10/28/2019)
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| Set/Reset Deadlines as to #3 MOTION to Dismiss or in the alternative sever, #4 MOTION to Dismiss or in the alternative sever NOTICE. Responses due by 11/15/2019. Replies due by 12/6/2019. Motion Hearing set for 12/20/2019 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. (dtmS, COURT STAFF) (Filed on 10/28/2019) |
| Filing 19 STIPULATION WITH [PROPOSED] ORDER to Modify Briefing Schedule Related to Defendant National Surety Corporation's Motion to Drop (Dismiss Without Prejudice) or Sever for Misjoinder filed by Kunde Enterprises, Inc., Vintage Wine Estates, Inc., Brit Global Specialty, Certain Underwriters at Lloyd's London, Liberty Specialty Markers Insurance Group, National Surety Corporation, Navagators Underwriting Agency Limited, RSA Insurance Group, Travelers Marine Cargo. (Roberts, Brook) (Filed on 10/25/2019) Modified on 10/28/2019 (cjlS, COURT STAFF). |
| Filing 18 Renotice motion hearing re #4 MOTION to Dismiss or in the alternative sever NOTICE, #3 MOTION to Dismiss or in the alternative sever filed byNational Surety Corporation. (Attachments: #1 Renotice of Motion, #2 Proposed Order)(Related document(s) #4 , #3 ) (Dubbs, Melissa) (Filed on 10/25/2019) |
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Filing 17
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 10/25/19. Joint Case Management Statement due by 1/24/2020. Initial Case Management Conference set for 1/31/2020 11:00 AM in Oakland, Courtroom 5, 2nd Floor. (jjoS, COURT STAFF) (Filed on 10/25/2019)
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Filing 16
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 10/25/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 10/25/2019)
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| Filing 15 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 10/24/2019) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kunde Enterprises, Inc., Vintage Wine Estates, Inc... (Wilson, John) (Filed on 10/23/2019) |
| Filing 13 Certificate of Interested Entities by Brit Global Specialty, Certain Underwriters at Lloyd's London, Liberty Specialty Markets Insurance Group, Navigators Underwriting Agency Limited, RSA Insurance Group, Travelers Marine Cargo identifying Corporate Parent Liberty Mutual Holding Company, Inc., Corporate Parent Liberty International Holdings, Corporate Parent Liberty Mutual Group of companies, Other Affiliate Liberty Corporate Capital Limited (LCCL), Other Affiliate Liberty Managing Agent Limited (LMAL) for Liberty Specialty Markets Insurance Group; Corporate Parent Brit Limited, Corporate Parent Fairfax Financial Holdings Limited and OMERS, Other Affiliate Brit Syndicates Limited, Other Affiliate Brit UW Limited for Brit Global Specialty; Corporate Parent RSA Insurance Group PLC for RSA Insurance Group; Corporate Parent The Hartford Financial Services Group, Inc., Corporate Parent Navigators Group, Inc., Corporate Parent Navigators Holdings (UK) Limited, Other Affiliate Navigators Corporate Underwriters Limited (NCUL), Other Affiliate Navigators Underwriting Agency Limited (NUAL) for Navigators Underwriting Agency Limited; Corporate Parent The Travelers Indemnity Company, Other Affiliate F&G UK Underwriters Limited, Other Affiliate Aprilgrange Limited, Other Affiliate Travelers Syndicate Management Ltd for Travelers Marine Cargo. (Tommey, Michelle) (Filed on 10/23/2019) |
| Filing 12 DEFENDANTS' ANSWER to Complaint of Plaintiffs KUNDE ENTERPRISES, INC. and VINTAGE WINE ESTATES, INC., COUNTERCLAIM FOR DECLARATORY RELIEF against Kunde Enterprises, Inc., Vintage Wine Estates, Inc. byCertain Underwriters at Lloyd's London, Navigators Underwriting Agency Limited, RSA Insurance Group, Liberty Specialty Markets Insurance Group, Brit Global Specialty, Travelers Marine Cargo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tommey, Michelle) (Filed on 10/23/2019) |
| Filing 11 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 1/20/2020. Initial Case Management Conference set for 1/27/2020 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 10/18/2019) |
| Filing 10 CERTIFICATE OF SERVICE filed by RSA Insurance Group; Certain Underwrites at Lloyd's London, Liberty Specialty Markets Insurance Group, Navigators Underwriting Agency Limited, Brit Global Specialty, and Travelers Marine Cargo of re #6 Joinder to re #1 Removal of Action (Gourgiotopoulou, Anna) (Filed on 10/18/2019) |
| Filing 9 CERTIFICATE OF SERVICE filed by National Surety Corporation to Adverse Party of Removal to Federal Court and Exhibits A-I (Dubbs, Melissa) (Filed on 10/17/2019) |
| Filing 8 NOTICE of Disclosure of Non-party Interested Entities or Persons [F.R.C.P. Rule 7.1] filed by National Surety Corporation identifying Corporate Parent Fireman's Fund Insurance Company, Corporate Parent National Surety Corporation, Corporate Parent Allianz of America, Inc., a Delaware corporation, Corporate Parent Allianz SE, a European company, Corporate Parent Allianz Europe B.V., Corporate Parent Allianz Global Risks US Insurance Company, an Illinois corporation for National Surety Corporation. (Dubbs, Melissa) (Filed on 10/17/2019) |
| Filing 7 AMENDED NOTICE filed by National Surety Corporation of re #4 MOTION to Dismiss or Sever Plaintiff Vintage Wine Estates, Inc. and Defendants Certain Underwriters at Lloyd's London; RSA Insurance Group; Liberty Specialty Markets Insurance Group; Navigators Underwriting Agency Limited; Brit Global Specialty; Travelers Marine Cargo from this Action for Misjoinder Under Federal Rules of Civil Procedure, Rules 20 and 21, and re #3 MOTION to Dismiss Without Prejudice, or in the alternative Sever Plaintiff Vintage Wine Estates, Inc. and Defendants Certain Underwriters at Lloyd's London, RSA Insurance Group, Liberty Specialty Markets Insurance Group, Navigators Underwriting Agency Limited, Brit Global Specialty and Travelers Marine Cargo on the Grounds of Misjoinder (Dubbs, Melissa) (Filed on 10/17/2019) |
| Filing 6 Joinder in re #1 Notice of Removal filed by National Surety Corporation. (Robb, George) (Filed on 10/17/2019) |
| Filing 5 CLERK'S NOTICE Regarding #3 MOTION to Dismiss Without Prejudice), or in the alternative Sever Plaintiff Vintage Wine Estates, Inc. and Defendants Certain Underwriters at Lloyd's London, RSA Insurance Group, Liberty Specialty Markets Insurance Group, Navigators Underwriting Agency Limited, Brit Global Specialty and Travelers Marine Cargo on the Grounds of Misjoinder: Civil Local Rule 7-3 sets forth the briefing schedule for motions. In accordance with the local rule, the Court resets the briefing schedule as follows: Responses due by 10/30/2019. Replies due by 11/6/2019. Additionally, the Motion Hearing set for 11/25/2019 is rescheduled to 09:00 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 10/17/2019) |
| Answer to Complaint for Breach of Contract, Declaratory Relief and Breach of the Covenant of Good Faith and Fair Dealing (Removal Complaint) byNational Surety Corporation. (tnS, COURT STAFF) (Filed on 10/16/2019) |
| Filing 4 NOTICE OF MOTION AND MOTION to Dismiss or Sever Plaintiff Vintage Wine Estates, Inc. and Defendants Certain Underwriters at Lloyd's London; RSA Insurance Group; Liberty Specialty Markets Insurance Group; Navigators Underwriting Agency Limited; Brit Global Specialty; Travelers Marine Cargo from this action for Misjoinder Under Federal Rules of Civil Procedure, Rules 20 and 21 filed by National Surety Corporation. Motion Hearing set for 11/25/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 11/12/2019. Replies due by 11/4/2019. (Dubbs, Melissa) (Filed on 10/16/2019) |
| Filing 3 MOTION to Dismiss Without Prejudice, or in the alternative Sever Plaintiff Vintage Wine Estates, Inc. and Defendants Certain Underwriters at Lloyd's London, RSA Insurance Group, Liberty Specialty Markets Insurance Group, Navigators Underwriting Agency Limited, Brit Global Specialty and Travelers Marine Cargo on the Grounds of Misjoinder filed by National Surety Corporation. Motion Hearing set for 11/25/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 11/4/2019. Replies due by 11/12/2019. (Attachments: #(1) [Proposed] Order)(Dubbs, Melissa) (Filed on 10/16/2019) |
| Filing 2 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/30/2019. (haS, COURT STAFF) (Filed on 10/16/2019) |
| Filing 1 NOTICE OF REMOVAL Pursuant to 28 U.S.C. Sections 1332, 1441 from Sonoma County Superior Court. Their case number is SCV-265061, (Filing Fee: $400.00, receipt number 0971-13797898). Filed by National Surety Corporation. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Exhibit C to Notice of Removal, #4 Exhibit D to Notice of Removal, #5 Civil Cover Sheet, #6 Certificate/Proof of Service)(Dubbs, Melissa) (Filed on 10/16/2019) Modified on 10/18/2019 (tnS, COURT STAFF). |
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