Arthur J. Gallagher & Co. v. Alliant Insurance Services, Inc. et al
| Arthur J. Gallagher & Co. |
| Alliant Insurance Services, Inc. and Stone Point Capital LLC |
| 1:2020cv01248 |
| September 17, 2020 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 39 Letter to Court of Chancery from Clerk USDC/DE regarding Remand Order - re #32 Order. (ntl) |
| Filing 38 DECLARATION re #37 Answering Brief in Opposition Declaration of John A. Sensing in support of Defendant Alliant Insurance Services, Inc.'s Opposition to Plaintiff's Application for Attorneys' Fees by Alliant Insurance Services, Inc.. (Attachments: #1 Exhibit A-K)(McDonough, Kathleen) |
| Filing 37 ANSWERING BRIEF in Opposition re #34 MOTION for Attorney Fees by Plaintiff filed by Alliant Insurance Services, Inc..Reply Brief due date per Local Rules is 11/16/2020. (McDonough, Kathleen) |
| Filing 36 DECLARATION re #34 MOTION for Attorney Fees by Plaintiff of Lazar P. Raynal by Arthur J. Gallagher & Co.. (Attachments: #1 Exhibit Exhibit A)(Gilbert, Miranda) |
| Filing 35 DECLARATION re #34 MOTION for Attorney Fees by Plaintiff of Ryan D. Stottmann by Arthur J. Gallagher & Co.. (Attachments: #1 Exhibit Exhibit A)(Gilbert, Miranda) |
| Filing 34 MOTION for Attorney Fees by Plaintiff - filed by Arthur J. Gallagher & Co.. (Attachments: #1 Text of Proposed Order)(Gilbert, Miranda) |
| Filing 33 OFFICIAL TRANSCRIPT of Telephonic Oral Argument Hearing held on October 16, 2020 before Chief Judge Leonard P. Stark. Court Reporter: Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/12/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/19/2021.(bpg) |
Filing 32
ORDER re #4 MOTION to Remand is GRANTED; motion for attorneys' fees and costs is GRANTED. Signed by Judge Leonard P. Stark on 10/20/20. (ntl)
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Filing 31
ORAL ORDER: For the reasons stated during the October 16, 2020 teleconference hearing, IT IS HEREBY ORDERED that Plaintiff's motion to remand (D.I. 4) is GRANTED; Plaintiff's request for fees and costs (see D.I. 4-1 at 17) is GRANTED; and, Defendants' motions to dismiss and transfer (see D.I. 15-16) are DENIED AS MOOT. The parties shall proceed as instructed and submit a proposed order not later than Monday, October 19. ORDERED by Judge Leonard P. Stark on 10/20/20. (ntl)
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| Filing 30 Letter to The Honorable Leonard P. Stark from Ryan D. Stottmann regarding proposed form of order implementing Your Honor's rulings from the October 16, 2020 hearing on Plaintiff's Motion to Remand - re #4 MOTION to Remand to State Court Delaware Court of Chancery. (Attachments: #1 Text of Proposed Order)(Stottmann, Ryan) |
| Filing 29 Official Transcript Telephonic Oral Argument Hearing held on October 16, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/9/2020. Redacted Transcript Deadline set for 11/19/2020. Release of Transcript Restriction set for 1/18/2021.(bpg) |
| Minute Entry for proceedings held before Judge Leonard P. Stark - Telephonic Hearing held on 10/16/2020 (Court Reporter B. Gaffigan.) (ntl) |
| Filing 28 REPLY to Response to Motion re #4 MOTION to Remand to State Court Delaware Court of Chancery - Plaintiff Arthur J. Gallagher & Co.'s Reply In Further Support Of Its Motion To Remand filed by Arthur J. Gallagher & Co.. (Stottmann, Ryan) |
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SO ORDERED, re #25 MOTION for Pro Hac Vice Appearance of Attorney Kenneth I. Schacter, Debra L. Fischer and Seth M. Gerber filed by Alliant Insurance Services, Inc.. Signed by Judge Leonard P. Stark on 10/9/20. (ntl)
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| Pro Hac Vice Attorneys Kenneth I. Schacter, Debra L. Fischer, Seth M. Gerber for Alliant Insurance Services, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Pro Hac Vice Attorneys Andrew A. Kassof, PC, Stefan H. Atkinson, PC, Daniel R. Cellucci for Stone Point Capital LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
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SO ORDERED, re #27 Joint STIPULATION and [Proposed] Order Regarding Scheduling For Defendants' Motions to Dismiss filed by Arthur J. Gallagher & Co.. Signed by Judge Leonard P. Stark on 10/9/20. (ntl)
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| Filing 27 Joint STIPULATION Joint Stipulation and [Proposed] Order Regarding Scheduling For Defendants' Motions to Dismiss re 10 Order Setting Hearing on Motion,, #4 MOTION to Remand to State Court Delaware Court of Chancery, #16 MOTION to Dismiss for Failure to State a Claim , #15 MOTION to Dismiss for Lack of Jurisdiction Over the Person Motion to Dismiss for lack of personal jurisdiction and improper venue or, alternatively, to transfer this action, pursuant to 28 U.S.C. 1404(a), to the United States District Court, #19 Opening Brief in Support, #1 Notice of Removal, #17 MEMORANDUM in Support, by Arthur J. Gallagher & Co.. (Stottmann, Ryan) |
| Filing 26 Joint STATEMENT re #4 MOTION to Remand to State Court Delaware Court of Chancery, #16 MOTION to Dismiss for Failure to State a Claim , #15 MOTION to Dismiss for Lack of Jurisdiction Over the Person Motion to Dismiss for lack of personal jurisdiction and improper venue or, alternatively, to transfer this action, pursuant to 28 U.S.C. 1404(a), to the United States District Court - Joint Statement Pursuant to Local Rule 81.2 by Arthur J. Gallagher & Co.. (Stottmann, Ryan) |
| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Kenneth I. Schacter, Debra L. Fischer and Seth M. Gerber - filed by Alliant Insurance Services, Inc.. (Sensing, John) |
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Andrew A. Kassof, P.C., Esquire, Stefan Atkinson, P.C., Esquire, and Daniel Cellucci, Esquire filed by Stone Point Capital LLC. Signed by Judge Leonard P. Stark on 10/7/20. (ntl)
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| Filing 24 DECLARATION re #15 MOTION to Dismiss for Lack of Jurisdiction Over the Person Motion to Dismiss for lack of personal jurisdiction and improper venue or, alternatively, to transfer this action, pursuant to 28 U.S.C. 1404(a), to the United States District Court, #17 MEMORANDUM in Support, Declaration of P. Gregory Zimmer, Jr. by Alliant Insurance Services, Inc.. (McDonough, Kathleen) |
| Filing 23 DECLARATION re #21 Answering Brief in Opposition, Declaration of P. Gregory Zimmer, Jr. by Alliant Insurance Services, Inc.. (McDonough, Kathleen) |
| Filing 22 JOINDER by Stone Point Capital LLC, joining in #17 MEMORANDUM in Support, #15 Motion to Dismiss/Lack of Personal Jurisdiction, [JOINDER BY DEFENDANT STONE POINT CAPITAL LLC TO DEFENDANT ALLIANT INSURANCE SERVICES, INC.'S OPPOSITION TO PLAINTIFF'S MOTION TO REMAND]. (Norman, Elena) |
| Filing 21 ANSWERING BRIEF in Opposition re #4 MOTION to Remand to State Court Delaware Court of Chancery filed by Alliant Insurance Services, Inc..Reply Brief due date per Local Rules is 10/13/2020. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4, #3 Exhibit 5-6)(McDonough, Kathleen) |
| Filing 20 DECLARATION re #19 Opening Brief in Support, #16 MOTION to Dismiss for Failure to State a Claim [DECLARATION OF DANIEL R. CELLUCCI] by Stone Point Capital LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Norman, Elena) |
| Filing 19 OPENING BRIEF in Support re #16 MOTION to Dismiss for Failure to State a Claim filed by Stone Point Capital LLC.Answering Brief/Response due date per Local Rules is 10/20/2020. (Norman, Elena) |
| Filing 18 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Stone Point Capital LLC. (Norman, Elena) |
| Filing 17 MEMORANDUM in Support re #15 MOTION to Dismiss for Lack of Jurisdiction Over the Person Motion to Dismiss for lack of personal jurisdiction and improper venue or, alternatively, to transfer this action, pursuant to 28 U.S.C. 1404(a), to the United States District Court filed by Alliant Insurance Services, Inc..Answering Brief/Response due date per Local Rules is 10/20/2020. (Attachments: #1 Exhibit A-B, #2 Exhibit C, #3 Exhibit D-G)(McDonough, Kathleen) |
| Filing 16 MOTION to Dismiss for Failure to State a Claim - filed by Stone Point Capital LLC. (Attachments: #1 Text of Proposed Order)(Norman, Elena) |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction Over the Person Motion to Dismiss for lack of personal jurisdiction and improper venue or, alternatively, to transfer this action, pursuant to 28 U.S.C. 1404(a), to the United States District Court for the Northern District of California - filed by Alliant Insurance Services, Inc.. (Attachments: #1 Text of Proposed Order)(McDonough, Kathleen) |
| Filing 14 NOTICE of Appearance by Tammy L. Mercer on behalf of Stone Point Capital LLC (Mercer, Tammy) |
| Filing 13 NOTICE of Appearance by Elena C. Norman on behalf of Stone Point Capital LLC (Norman, Elena) |
| Filing 12 AFFIDAVIT of Service for Summons, Verified Complaint and Supporting Documents (Corrected Version) served on Corporate Secretary Alliant Insurance Services, Inc. on September 16, 2020, filed by Arthur J. Gallagher & Co.. (Attachments: #1 Exhibit Exhibits A-B to Declaration of Service)(Gilbert, Miranda) |
| Filing 11 AFFIDAVIT of Service for Summons, Verified Complaint and Supporting Documents served on Corporate Secretary Alliant Insurance Services, Inc. on September 16, 2020, filed by Arthur J. Gallagher & Co.. (Attachments: #1 Exhibit Exhibit A-B to Declaration of Service)(Gilbert, Miranda) |
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Filing 10
ORAL ORDER: Having reviewed the parties' recent letters in which Plaintiff requested that the Court proceed expeditiously on its motion to remand this case (D.I. 7-8), IT IS HEREBY ORDERED that the Court will expedite its review of the pending motion. A telephonic oral argument will be held on October 16, 2020 at 3:00 p.m. Each side shall have 30 minutes. Any slides or demonstratives to which a party may refer in its presentation shall be submitted electronically no later than 4:00 p.m. on October 15. The parties and any interested member of the public shall use the following call-in information to access the proceeding: 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 10/6/20. (ntl)
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| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Andrew A. Kassof, P.C., Esquire, Stefan Atkinson, P.C., Esquire, and Daniel Cellucci, Esquire - filed by Stone Point Capital LLC. (Vrana, Robert) |
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SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Andrew M. Berdon and Lazar P. Raynal filed by Arthur J. Gallagher & Co. Signed by Judge Leonard P. Stark on 10/6/20. (ntl)
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| Filing 8 Letter to The Honorable Leonard P. Stark from Kathleen Furey McDonough on behalf of Defendant Alliant Insurance Services, Inc. regarding Plaintiff Arthur J. Gallagher & Co.'s letter dated 9/29/20 - re #7 Letter. (McDonough, Kathleen) |
| Filing 7 Letter to The Honorable Leonard P. Stark from Ryan D. Stottmann regarding Arthur J. Gallagher & Co.'s Motion to Remand - re #4 MOTION to Remand to State Court Delaware Court of Chancery. (Stottmann, Ryan) |
| Filing 6 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alliant Holdings Intermediate, Inc., Corporate Parent Alliant Holdings Intermediate, LLC, Corporate Parent Alliant Services, Inc., Corporate Parent Alliant Holdings, L.P. for Alliant Insurance Services, Inc. filed by Alliant Insurance Services, Inc.. (McDonough, Kathleen) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Andrew M. Berdon and Lazar P. Raynal - filed by Arthur J. Gallagher & Co.. (Attachments: #1 Certification By Counsel To Be Admitted Pro Hac Vice, #2 Certification By Counsel To Be Admitted Pro Hac Vice, #3 Certificate of Service)(Stottmann, Ryan) |
| Filing 4 MOTION to Remand to State Court Delaware Court of Chancery - filed by Arthur J. Gallagher & Co.. (Attachments: #1 Memorandum of Law In Support of Plaintiff's Motion to Remand, #2 [Proposed] Order, #3 Rule 7.1 Corporate Disclosure Statement, #4 Certificate of Service)(Stottmann, Ryan) |
| Filing 3 NOTICE of Appearance by Ryan D. Stottmann on behalf of Arthur J. Gallagher & Co. (Stottmann, Ryan) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from DE Ct of Chancery, Case Number 2020-0780-JTL (Filing fee $400, receipt number ADEDC-3206965)- filed by Alliant Insurance Services, Inc. (Attachments: #1 Exhibit A-K, #2 Civil Cover Sheet)(myr) |
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