National Casualty Company v. Burns & Wilcox Limited
| National Casualty Company |
| Burns & Wilcox Insurance Services Incorporated and Burns & Wilcox Limited |
| USAA Insurance Agency, Inc. |
| 3:2020cv04873 |
| July 21, 2020 |
| US District Court for the Northern District of California |
| William H Orrick |
| Kandis A Westmore |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 102 ***docketing error***(Docketed in Error - Please Disregard) ORDER of USCA (hdjS, COURT STAFF) (Filed on 8/20/2021) Modified on 8/20/2021 (hdjS, COURT STAFF). Modified on 8/20/2021 (tnS, COURT STAFF). |
Filing 101
ORDER OF DISMISSAL UPON SETTLEMENT. Signed by Judge William H. Orrick on 07/14/2021. (jmdS, COURT STAFF) (Filed on 7/14/2021)
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| Filing 100 NOTICE by National Casualty Company of NOTICE OF SETTLEMENT (Martin, Sonia) (Filed on 7/13/2021) |
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Filing 99
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 11/29/2021 10:00 AM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Judge Ryu will conduct the settlement conference in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Ryu's webpage, by going to: https://www.cand.uscourts.gov/dmr, or Join ZoomGov Meeting by clicking the link or using the information below: https://cand-uscourts.zoomgov.com/j/1619494731?pwd=cnZyVXVqWExEZzcxcDBBdzRuLzVldz09 Meeting ID: 161 949 4731 Passcode: 030361 Signed by Magistrate Judge Donna M. Ryu on 5/24/2021. (ig, COURT STAFF) (Filed on 5/24/2021)
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| Filing 98 CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss preparation for a settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 9/27/2021 09:30 AM in Oakland, - Telephonic Only. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 5/24/2021) |
| CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 5/18/2021) |
| Filing 97 Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 5/18/2021. CASE REFERRED to Magistrate Judge (random) for Settlement Conference. Total Time in Court: 4 minutes. Court Reporter: Belle Ball. (jmdS, COURT STAFF) (Date Filed: 5/18/2021) |
| Filing 96 CLERKS NOTICE SETTING ZOOM HEARING - The Further Case Management Conference set for 5/18/2021 02:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, rec ording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.can d.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 5/17/2021) |
| Filing 95 JOINT FURTHER RULE 26(F) CASE MANAGEMENT REPORT filed by National Casualty Company. (Martin, Sonia) (Filed on 5/11/2021) |
| Filing 94 CLERK'S NOTICE - Case Management Conference reset for 5/18/2021 02:00 PM in via Videoconference. Case Management Statement due by 5/11/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 4/22/2021) |
| Filing 93 JOINT FURTHER RULE 26(F) CASE MANAGEMENT REPORT filed by National Casualty Company. (Martin, Sonia) (Filed on 4/20/2021) |
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Filing 92
Order by Judge William H. Orrick granting #91 JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES BY TWO WEEKS. (jmdS, COURT STAFF) (Filed on 4/15/2021)
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| Filing 91 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY DEADLINES BY TWO WEEKS filed by National Casualty Company. (Attachments: #(1) Declaration Sonia Martin)(Martin, Sonia) (Filed on 4/15/2021) |
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Filing 90
Order by Judge William H. Orrick granting #89 Stipulation. (jmdS, COURT STAFF) (Filed on 3/23/2021)
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| Filing 89 JOINT STIPULATION AND [PROPOSED] ORDER to Continue Discovery Deadlines re #88 Order on Stipulation filed by National Casualty Company. (Attachments: #(1) Declaration of Sonia Martin ISO of Joint Stipulation to Continue Discovery Deadlines)(Martin, Sonia) (Filed on 3/19/2021) |
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Filing 88
Order by Judge William H. Orrick granting #87 Stipulation to Modify Case Management Deadlines. (jmdS, COURT STAFF) (Filed on 2/22/2021)
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| Filing 87 JOINT STIPULATION TO MODIFY CASE MANAGEMENT DEADLINES; [PROPOSED] ORDER re #82 Initial Case Management Conference filed by USAA Insurance Agency, Inc.. (Attachments: #1 Declaration of Joshua N. Kastan pursuant to N.D. Cal. L-R 6-2)(Kastan, Joshua) (Filed on 2/19/2021) |
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Filing 86
PROTECTIVE ORDER FOR STANDARD LITIGATION by Judge William H. Orrick granting #85 Stipulation. (jmdS, COURT STAFF) (Filed on 11/24/2020)
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| Filing 85 STIPULATION AND [PROPOSED] ORDER FOR PROTECTIVE ORDER FOR STANDARD LITIGATION filed by National Casualty Company. (Martin, Sonia) (Filed on 11/24/2020) |
| Filing 84 FURTHER JOINT RULE 26(F); NOTICE OF SELECTED MEDIATOR AND MEDIATION DATE filed by National Casualty Company. (Martin, Sonia) (Filed on 11/19/2020) |
| Filing 83 ANSWER TO DEFENDANT USAA INSURANCE AGENCY, INC.S COUNTERCLAIM FOR EXPRESS CONTRACTUAL INDEMNITY; DEMAND FOR JURY TRIAL filed by Burns & Wilcox Limited(a Michigan corporation). (Scott, Ilse) (Filed on 10/26/2020) |
| Filing 82 Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 10/20/2020. Case referred to Private ADR.Further Case Management Conference set for 4/27/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor (Case Management Statement due by 4/20/2021). Close of Fact Discovery: 4/30/2021. Dispositive Motions to be heard by 11/3/2021. Pretrial Conference set for 1/10/2022 02:00 PM and Jury Trial set for 1/31/2022 08:30 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Total Time in Court: 8 minutes. Court Reporter: Belle Ball. (jmdS, COURT STAFF) (Date Filed: 10/21/2020) |
| Filing 81 CLERKS NOTICE SETTING ZOOM HEARING. The Case Management Conference set for 10/20/2020 02:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscour ts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 10/19/2020) |
| Filing 80 JOINT CASE MANAGEMENT STATEMENT Rule 26(F) Report filed by National Casualty Company. (Martin, Sonia) (Filed on 10/13/2020) |
| Filing 79 CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT filed by USAA Insurance Agency, Inc. identifying Corporate Parent United Services Automobile Association for USAA Insurance Agency, Inc.. (Kastan, Joshua) (Filed on 10/13/2020) |
| Filing 78 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kastan, Joshua) (Filed on 10/5/2020) |
| Filing 77 ANSWER TO THIRD PARTY COMPLAINT; DEMAND FOR JURY TRIAL filed by USAA Insurance Agency, Inc.. (Kastan, Joshua) (Filed on 10/5/2020) |
| Filing 76 COUNTERCLAIM For Express Contractual Indemnity; Demand for Jury Trial against Burns & Wilcox Limited. Filed by USAA Insurance Agency, Inc.. (Kastan, Joshua) (Filed on 10/5/2020) |
| Filing 75 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lee, David) (Filed on 9/29/2020) |
| Filing 74 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Martin, Sonia) (Filed on 9/29/2020) |
| Filing 73 STIPULATION TO EXTEND TIME TO RESPOND TO THIRD-PARTY COMPLAINT (DKT. 67) re #67 Third Party Complaint filed by USAA Insurance Agency, Inc.. (Kastan, Joshua) (Filed on 9/1/2020) |
| Filing 72 CERTIFICATE OF SERVICE by Burns & Wilcox Insurance Services Incorporated(a Michigan corporation ), Burns & Wilcox Limited re #61 Case Management Scheduling Order as to Third-Party Defendant USAA Insurance Agency, Inc. (Scott, Ilse) (Filed on 8/19/2020) |
| Filing 71 SUMMONS Returned Executed by Burns & Wilcox Limited, Burns & Wilcox Insurance Services Incorporated(a Michigan corporation) as to USAA Insurance Agency, Inc. (Scott, Ilse) (Filed on 8/18/2020) |
| Filing 70 Summons on a Third-Party Complaint Issued as to USAA Insurance Agency, Inc.. (tnS, COURT STAFF) (Filed on 8/13/2020) |
| Filing 69 Proposed Summons. (Scott, Ilse) (Filed on 8/13/2020) |
| #Electronic filing error. Re: #68 Proposed Summons filed by Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. Incorrect Summons Form Used [err101]. Thi s filing will not be processed by the clerks office.Please re-file and use the correct form "Summons On A Third-Party Complaint", (Form AO 441, Rev. 07/10) with the correct case number "3:20-cv-04873-WHO (tnS, COURT STAFF) (Filed on 8/13/2020) |
| Filing 68 Proposed Summons. (Scott, Ilse) (Filed on 8/12/2020) |
| Filing 67 THIRD PARTY COMPLAINT FOR INDEMNITY; DEMAND FOR JURY TRIAL against USAA Insurance Agency, Inc.. Filed by Burns & Wilcox Limited, Burns & Wilcox Insurance Services Incorporated. (Scott, Ilse) (Filed on 8/12/2020) |
| Filing 66 DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT FOR BREACH OF CONTRACT; DEMAND FOR JURY TRIAL, and THIRD PARTY COMPLAINT against USAA Insurance Agency, Inc. filed by Burns & Wilcox Limited, Burns & Wilcox Insurance Services Incorporated. (Scott, Ilse) (Filed on 8/12/2020) |
| Filing 65 SECOND AMENDED COMPLAINT FOR BREACH OF CONTRACT against Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. Filed by National Casualty Company. (Martin, Sonia) (Filed on 8/6/2020) |
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Filing 64
Order by Judge William H. Orrick granting #63 Stipulation. (jmdS, COURT STAFF) (Filed on 8/5/2020)
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| Filing 63 STIPULATION AND [PROPOSED] ORDER TO FILE SECOND AMENDED COMPLAINT filed by National Casualty Company. (Martin, Sonia) (Filed on 7/31/2020) |
| Filing 62 CERTIFICATE OF SERVICE by National Casualty Company re #61 Case Management Scheduling Order (Martin, Sonia) (Filed on 7/29/2020) |
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Filing 61
CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 10/20/2020 02:00 PM. Case Management Statement due by 10/13/2020. Signed by Judge William H. Orrick on 07/29/2020. (jmdS, COURT STAFF) (Filed on 7/29/2020)
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| Filing 60 CERTIFICATE OF SERVICE by National Casualty Company Re Order Reassigning Case (Martin, Sonia) (Filed on 7/29/2020) |
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Filing 59
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Kandis A. Westmore 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 the Clerk on 7/29/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 7/29/2020)
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| Filing 58 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. (dtmS, COURT STAFF) (Filed on 7/28/2020) |
| Filing 57 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Casualty Company.. (Martin, Sonia) (Filed on 7/28/2020) |
| Filing 56 CERTIFICATE OF SERVICE by National Casualty Company re #55 Clerk's Notice Re Case Reassigned (Martin, Sonia) (Filed on 7/23/2020) |
| Filing 55 CLERK'S NOTICE : Acknowledging case transferred in from District of Arizona, 2:19-cv-04854 (ajsS, COURT STAFF) (Filed on 7/21/2020) |
| Filing 54 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/13/2020. Initial Case Management Conference set for 10/20/2020 01:30 PM. (ajsS, COURT STAFF) (Filed on 7/21/2020) |
| Filing 53 Case assigned to Magistrate Judge Kandis A. Westmore. 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 8/4/2020. (ajsS, COURT STAFF) (Filed on 7/21/2020) |
| Filing 52 CASE TRANSFERRED in from United States District Court for the District of Arizona (Phoenix Division); Case Number 2:19-cv-04854-DWL. Original File, Certified Copy of Transfer Order and Docket Sheet Received. |
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Filing 51
ORDER - IT IS ORDERED that Defendants' motions (Docs. #22 , #26 ) are granted in part and denied in part: (1) Defendants' motions to dismiss for lack of personal jurisdiction are denied; (2) Defendants' motions to transfer for improper venue are granted; and (3) This case shall be transferred to the Northern District of California. See document for complete details. Signed by Judge Dominic W Lanza on 7/17/2020. (WLP)
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Filing 50
ORDER: IT IS ORDERED that the parties' joint motion (Doc. #49 ) is granted. IT IS FURTHER ORDERED that the oral argument set for July 21, 2020 in Doc. 47 is vacated, and the Court's tentative ruling will be entered as the Court's ruling in this matter. Signed by Judge Dominic W Lanza on 7/16/20. (MAW)
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| Filing 49 Joint MOTION to Vacate Oral Argument by National Casualty Company. (Attachments: #1 Text of Proposed Order)(Bradham, Erin) |
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Filing 48
NOTICE OF TENTATIVE RULING: In advance of the motion hearing on July 21, 2020, the Court wishes to provide the parties with its tentative ruling. This is, to be clear, only a tentative ruling. The point of providing it beforehand is to allow the parties to focus their argument on the issues that seem salient to the Court and to maximize their ability to address any perceived errors in the Court's logic [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/13/20. (MAW)
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Filing 47
AMENDED ORDER: Motion Hearing set for 7/21/2020 at 02:00PM before Judge Dominic W Lanza as to #22 Motion to Dismiss and #26 Motion to Dismiss. This hearing will be held telephonically. Counsel are not to appear in person. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. The Court will separately issuing a tentative order. Ordered by Judge Dominic W Lanza on 7/10/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 46
*Amended by Doc 47* ORDER: Motion Hearing set for 7/21/2020 at 02:00PM before Judge Dominic W Lanza as to #22 Motion to Dismiss and #26 Motion to Dismiss. This hearing will be held telephonically. Counsel are not to appear in person. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. Ordered by Judge Dominic W Lanza on 7/10/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) Modified on 7/10/2020 (MAW).
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| Filing 45 Sealed Declaration of Chelsea Davis In Support of #22 , #26 Motions to Dismiss for Lack of Personal Jurisdiction to Alternatively Transfer the Action by Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. (MAP) |
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Filing 44
ORDER granting #38 Motion to Seal Declaration of Chelsea Davis in Support of in support of Defendants' Motions to Dismiss. Signed by Judge Dominic W Lanza on 1/21/20. (MAP)
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| Filing 43 REQUEST re: Request for Judicial Notice by Defendants Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 42 REPLY to Response to Motion re: #22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION MOTION to Transfer the Action Defendant Burns & Wilcox, Ltd's Reply in Support of its Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Transfer the Action filed by Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 41 REPLY to Response to Motion re: #26 MOTION to Dismiss for Lack of Jurisdiction BURNS & WILCOX INSURANCE SERVICES, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION MOTION TO TRANSFER THE ACTION Defendant Burns & Wilcox Insurance Services, Inc.'s Reply in Support of its Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Transfer the Action filed by Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 40 *FILED at Doc. #45 *SEALED LODGED Proposed UNDER SEAL - Declaration of Chelsea Davis re: #38 MOTION to Seal Document Declaration of Chelsea Davis in Support of Defendants' Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Transfer the Action. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. (Scott, Ilse) *Modified on 1/21/2020 (MAP). |
| Filing 39 Additional Attachments to Main Document re: #38 MOTION to Seal Document Declaration of Chelsea Davis in Support of Defendants' Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Transfer the Action Proposed Order Granting Motion to Seal by Defendants Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. (Attachments: #1 Text of Proposed Order)(Scott, Ilse) |
| Filing 38 MOTION to Seal Document Declaration of Chelsea Davis in Support of Defendants' Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Transfer the Action by Burns & Wilcox Insurance Services Incorporated, Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 37 SEALED Declaration of Karin Eckrote re: #32 by National Casualty Company. (SLQ) |
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Filing 36
ORDER: IT IS ORDERED that the parties' stipulation to file under seal the declaration of Karen Eckrote in support of Plaintiff's opposition to Defendants' motions to dismiss (Doc. #34 ) is granted. The Clerk of Court shall file under seal the Eckrote Declaration lodged at Doc. 35 [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/23/19. (MAW)
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| Filing 35 *FILED at #37 * SEALED LODGED Proposed Eckrote Declaration (Exhibit C to DOC 32) re: #34 Joint MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by National Casualty Company. (Bradham, Erin) Modified on 12/26/2019 (SLQ). |
| Filing 34 Joint MOTION to Seal Document by National Casualty Company. (Attachments: #1 Text of Proposed Order)(Bradham, Erin) |
| Filing 33 REQUEST re: for Judicial Notice in Support of National Casualty Company's Opposition to Defendants Burns & Wilcox, Ltd.'s and Burns & Wilcox Insurance Services, Inc.'s Motions to Dismiss for Lack of Personal Jurisdiction or, Alternatively, Transfer the Action by Plaintiff National Casualty Company. (Attachments: #1 Exhibit 1)(Bradham, Erin) |
| Filing 32 RESPONSE to Motion re: #26 MOTION to Dismiss for Lack of Jurisdiction BURNS & WILCOX INSURANCE SERVICES, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION MOTION TO TRANSFER THE ACTION, #22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION MOTION to Transfer the Action filed by National Casualty Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bradham, Erin) |
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Filing 31
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #30 ) is granted. Plaintiff shall respond to the two pending motions to dismiss by December 19, 2019, and Defendants may reply by January 16, 2020. Ordered by Judge Dominic W Lanza on 11/26/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 30 STIPULATION to Extend Briefing Deadlines for Defendants' Motions to Dismiss (First Request) by National Casualty Company. (Attachments: #1 Text of Proposed Order)(Bradham, Erin) |
| Filing 29 NOTICE re: NOTICE OF CERTIFICATION OF CONFERRAL RE BURNS & WILCOX INSURANCE SERVICES, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION by Burns & Wilcox Insurance Services Incorporated re: #26 MOTION to Dismiss for Lack of Jurisdiction BURNS & WILCOX INSURANCE SERVICES, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION MOTION TO TRANSFER THE ACTION . (Scott, Ilse) |
| Filing 28 *Corporate Disclosure Statement by Burns & Wilcox Insurance Services Incorporated identifying HW Kaufman Financial Group Incorporated and AJK Enterprises Incorporated as corporate parties. (Scott, Ilse) *Modified to add corporate parties on 11/14/2019 (EJA). |
| Filing 27 MEMORANDUM of Points and Authorities in Support of #26 MOTION to Dismiss for Lack of Jurisdiction BURNS & WILCOX INSURANCE SERVICES, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION MOTION TO TRANSFER THE ACTION by Defendant Burns & Wilcox Insurance Services Incorporated. (Scott, Ilse) |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction BURNS & WILCOX INSURANCE SERVICES, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION, MOTION TO TRANSFER THE ACTION by Burns & Wilcox Insurance Services Incorporated. (Scott, Ilse) |
| Filing 25 NOTICE re: NOTICE OF CERTIFICATION OF CONFERRAL by Burns & Wilcox Limited re: #22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION . (Scott, Ilse) |
| Filing 24 DECLARATION of HARVEY GOLDENBERG re: #22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION by Defendant Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 23 MEMORANDUM of Points and Authorities in Support of #22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION by Defendant Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, MOTION TO TRANSFER THE ACTION by Burns & Wilcox Limited. (Scott, Ilse). *Added MOTION to Transfer on 11/6/2019 (EJA). |
| Filing 21 SERVICE EXECUTED filed by National Casualty Company: Certificate of Service re: SUMMONS IN A CIVIL ACTION; AMENDED COMPLAINT FOR BREACH OF CONTRACT; SUMMONS IN A CIVIL ACTION (UNISSUED); ORDER; NOTICE OF FILING FIRST AMENDED COMPLAINT; CERTIFICATION OF CONFERRAL REGARDING DEFENDANTS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR ALTERNATIVELY TRANSFER THE ACTION; CORPORATE DISCLOSURE STATEMENT; DECLARATION OF HARVEY GOLDENBERG IN SUPPORT OF DEFENDANTS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION; EXHIBITS A-D; DEFENDANTS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION; DEFENDANTS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR ALTERNATIVELY, TRANSFER THE ACTION; CERTIFICATE OF SERVICE; JURY DEMAND; PRELIMINARY ORDER; NOTICE TO PARTIES - MANDATORY INITIAL DISCOVERY PILOT PROJECT; GENERAL ORDER 17-08; MANDATORY INITIAL DISCOVERY PILOT PROJECT CHECKLIST; MANDATORY INITIAL DISCOVERY USERS MANUAL FOR THE DISTRICT OF ARIZONA; SUMMONS IN A CIVIL ACTION; NOTICE TO PARTIES- MANDATORY INITIAL DISCOVERY PILOT PROJECT; GENERAL ORDER 17-08; MANDATORY INITIAL DISCOVERY PILOT PROJECT CHECKLIST; NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION; CORPORATE DISCLOSURE STATEMENT; COMPLAINT FOR BREACH OF CONTRACT; CIVIL COVERSHEET upon Burns & Wilcox Insurance Services on 10/25/2019. (Bradham, Erin) |
| Remark: Pro hac vice motion(s) granted for Sonia R Martin on behalf of Plaintiff National Casualty Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for David Crockett Lee on behalf of Defendant Burns & Wilcox Limited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 20
ORDER: IT IS ORDERED that the motion to dismiss (Doc. #10 ) is denied as moot [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/23/19. (MAW)
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| Filing 19 Summons Issued as to Burns & Wilcox Insurance Services Incorporated. (WLP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Remark: Out of state attorney David C Lee removed as counsel for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 18 SUMMONS Submitted by National Casualty Company. (Bradham, Erin) |
| Filing 17 AMENDED COMPLAINT against Burns & Wilcox Limited filed by National Casualty Company.(Bradham, Erin) |
| Filing 16 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by National Casualty Company . (Attachments: #1 Exhibit A)(Bradham, Erin) |
| Filing 15 NOTICE TO FILER OF DEFICIENCY re: #14 Notice (Other) filed by Burns & Wilcox Limited, #11 Memorandum filed by Burns & Wilcox Limited, #10 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION MOTION to Change Venue/Transfer Case filed by Burns & Wilcox Limited, #12 Declaration filed by Burns & Wilcox Limited. 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. (GMP) |
| Filing 14 NOTICE re: CERTIFICATION OF CONFERRAL REGARDING DEFENDANT'S MOTION FOR DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION by Burns & Wilcox Limited re: #10 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION . (Scott, Ilse) |
| Filing 13 Corporate Disclosure Statement by Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 12 DECLARATION of HARVY GOLDENBERG IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION re: #10 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION by Defendant Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 11 MEMORANDUM of Points and Authorities in Support of DEFENDANT'S MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION #10 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, ALTERNATIVELY, TRANSFER THE ACTION by Defendant Burns & Wilcox Limited. (Scott, Ilse) |
| Filing 10 *MOTION to Dismiss for Lack of Jurisdiction , MOTION to Change Venue/Transfer Case to Northern District of California by Burns & Wilcox Limited. *Modified to add motion part on 10/2/2019 (GMP). |
| Remark: Pro hac vice motion(s) granted for Ilse C Scott on behalf of Defendant Burns & Wilcox Limited. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 9 SERVICE EXECUTED filed by National Casualty Company: Certificate of Service re: Summons, Complaint for Breach of Contract, Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, Notice to Parties of Mandatory Initial Discovery Pilot Project, General Order 17-08, Mandatory Initial Discovery Pilot Project Checklist, Preliminary Order, Jury Demand, and Civil Cover Sheet upon Burns & Wilcox, Ltd., Daniel Muldowney, Agent on 09/10/2019. (Bradham, Erin) |
| Filing 8 PLAINTIFF'S DEMAND for Jury Trial by National Casualty Company. (Bradham, Erin) |
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Filing 7
PRELIMINARY ORDER: IT IS THEREFORE ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on October 29, 2019, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; 3. That, unless the Court orders otherwise, the parties shall file with the Clerk of Court a notice of service of MIDP Responses, supplemental MIDP Responses, and production of ESI, rather than copies of the actual disclosures [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/5/19. (Attachments: #1 Notice - MIDP, #2 MIDP User Manual)(MAW)
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| Filing 6 Summons Issued as to Burns & Wilcox Limited. (MFR). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 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. (MFR) |
| Filing 4 Filing fee paid, receipt number 0970-17219689. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-19-cv-4854-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MFR) |
| Filing 3 SUMMONS Submitted by National Casualty Company. (Bradham, Erin) (MFR) |
| Filing 2 Corporate Disclosure Statement by National Casualty Company. (Bradham, Erin) (MFR) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17219689 filed by National Casualty Company. (Bradham, Erin) (Attachments: #1 Civil Cover Sheet)(MFR) |
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