Penn National Mutual Casualty Insurance Company v. Zonko Builders, Inc. et al
| Penn National Mutual Casualty Insurance Company and Pennsylvania National Mutual Casualty Insurance Company |
| Zonko Builders, Inc. and Salt Meadows Homeowners Association, Inc. |
| 1:2023cv00744 |
| July 10, 2023 |
| US District Court for the District of Delaware |
| Mark A Kearney |
| Insurance |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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Filing 32
ORDER, the Stipulation (D.I. No. #31 ) is APPROVED requiring we grant Plaintiff leave to respond to the counterclaims of Defendant Salt Meadows Homeowners Association, Inc. (D.I. No. #14 ) within one week of our Order addressing our jurisdiction. Signed by Judge Mark A. Kearney on 8/23/2023. (twk)
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| Filing 31 STIPULATION TO EXTEND TIME Deadline to file an Answer or other responsive pleading to the Counterclaims of Defendant to One week following date on which the Court enters a ruling resolving threshold issue in August 17, 2023 Order - filed by Pennsylvania National Mutual Casualty Insurance Company. (Fraser, Simon) |
| Filing 30 MEMORANDUM in Support re #1 Complaint, in Response to Court's August 17, 2023 Order filed by Pennsylvania National Mutual Casualty Insurance Company.Answering Brief/Response due date per Local Rules is 9/5/2023. (Fraser, Simon) |
| Filing 29 STATEMENT re #27 Order,, (Memorandum Regarding Justiciability of Above-Captioned Proceedings) by Salt Meadows Homeowners Association, Inc.. (Humiston, Shannon) |
| Filing 28 REQUEST for Default as to Zonko Builders, Inc. - filed by Pennsylvania National Mutual Casualty Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order, #4 Certificate of Service)(Fraser, Simon) |
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Filing 27
ORDER, the parties are granted leave, on or before August 22, 2023, to either: voluntarily dismiss without prejudice to seek relief following the entry of a final non-appealable Order in the underlying action possibly then allowing indemnity; or file memoranda not exceeding ten pages explaining how we may proceed with a case or controversy to decide indemnity obligations where there is an ongoing pending case consistent with our reasoning in Pennsylvania Nat'l Mut. Cas. Ins. Co. v. Zonko Builders, Inc., No. 21-437, 2021 WL 4061564 (D. Del. Sept. 7, 2021). Signed by Judge Mark A. Kearney on 8/17/2023. (twk)
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| Minute Entry for a Rule 16 Conference held before Judge Mark A. Kearney - Rule 16 Conference held on 8/17/2023. Counsel Present for Plaintiffs: Simon E. Fraser Esq, Joseph Ziemianski Esq. Counsel Present for Defendants: Shannon D. Humiston Esq. (Court Reporter N/A.) (apk) |
| Filing 26 NOTICE of Subpoena to Donegal Mutual Insurance Company by Salt Meadows Homeowners Association, Inc. (Attachments: #1 Exhibit A)(Humiston, Shannon) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting. (Fraser, Simon) |
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Filing 24
ORDER granting D.I. #23 Motion to Appear Pro Hac Vice of Joseph A. Ziemianski. Signed by Judge Mark A. Kearney on 8/15/2023. (apk)
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| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Joseph A. Ziemianski - filed by Pennsylvania National Mutual Casualty Insurance Company. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Fraser, Simon) |
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Filing 22
ORDER granting D.I. #21 Motion to Appear Pro Hac Vice of Allison Bressler Goldis. Signed by Judge Mark A. Kearney on 8/14/2023. (apk)
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| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Allison Bressler Goldis - filed by Pennsylvania National Mutual Casualty Insurance Company. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Fraser, Simon) |
| Filing 20 NOTICE OF SERVICE of Fed. R. Civ. P. 26(a) Initial Disclosures filed by Pennsylvania National Mutual Casualty Insurance Company.(Fraser, Simon) |
| Filing 19 NOTICE OF SERVICE of First Set of Requests for Admission of Defendant/ Counterclaim Plaintiff Salt Meadows Homeowners Association, Inc. Directed to Plaintiff/ Counterclaim Defendant Pennsylvania National Mutual Casualty Insurance Company filed by Salt Meadows Homeowners Association, Inc..(Humiston, Shannon) |
| Filing 18 NOTICE OF SERVICE of Initial Disclosures of Defendant Salt Meadows Homeowners Association, Inc. Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Salt Meadows Homeowners Association, Inc..(Humiston, Shannon) |
| Filing 17 Letter to Mr. Simon E. Fraser from Ulrike Bower, Courtroom Deputy to Judge Kearney, regarding lack of pleading from defendant, Zonko Builders, Inc. (smg) |
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Filing 16
ORDER: Upon considering the noncompliant Motions of Allison Bressler Goldis, Esquire and Joseph A. Ziemianski for admission pro hac vice (D.I. #9 , #10 ), it is ORDERED the noncompliant Motions (D.I. #9 , #10 ) to practice under Local Rule of Civil Procedure 83.5 are DENIED without prejudice to move compliant with this Court's Policies and Procedures (May 2023). Signed by Judge Mark A. Kearney on 08/10/2023. (smg)
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Filing 15
ORDER: We will hold an INITIAL PRETRIAL CONFERENCE over the telephone on August 17, 2023 at 8:45 A.M. (See Order for further details) Signed by Judge Mark A. Kearney on 08/02/2023. (rlr)
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| Filing 14 ANSWER to Complaint with Jury Demand Affirmative Defenses, and, COUNTERCLAIM against Pennsylvania National Mutual Casualty Insurance Company by Salt Meadows Homeowners Association, Inc.. (Attachments: #1 Exhibit 1-14, #2 Exhibit 15 (Part 1 of 16), #3 Exhibit 15 (Part 2 of 16), #4 Exhibit 15 (Part 3 of 16), #5 Exhibit 15 (Part 4 of 16), #6 Exhibit 15 (Part 5 of 16), #7 Exhibit 15 (Part 6 of 16), #8 Exhibit 15 (Part 7 of 16), #9 Exhibit 15 (Part 8 of 16), #10 Exhibit 15 (Part 9 of 16), #11 Exhibit 15 (Part 10 of 16), #12 Exhibit 15 (Part 11 of 16), #13 Exhibit 15 (Part 12 of 16), #14 Exhibit 15 (Part 13 of 16), #15 Exhibit 15 (Part 14 of 16), #16 Exhibit 15 (Part 15 of 16), #17 Exhibit 15 (Part 16 of 16), #18 Exhibit 16, #19 Exhibit 17-21)(Humiston, Shannon) |
| Filing 13 WAIVER OF SERVICE returned executed by Salt Meadows Homeowners Association, Inc.: For Salt Meadows Homeowners Association, Inc. waiver sent on 7/24/2023, answer due 9/22/2023. (Humiston, Shannon) |
| Filing 12 SUMMONS Returned Executed by Pennsylvania National Mutual Casualty Insurance Company.Zonko Builders, Inc. served on 7/17/2023, answer due 8/7/2023. (Fraser, Simon) |
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Filing 11
ORDER: DESIGNATION OF DISTRICT JUDGE TO HOLD A DISTRICT COURT WITHIN THE CIRCUIT, designating and assigning the Honorable Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Signed by Judge Michael A Chagares, Chief Judge of the United States Court of Appeals for the Third Circuit on 7/13/2023. (rjb)
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| Case Assigned to Judge Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania (due to prior related case). Please include the initials of the Judge (MAK) after the case number on all documents filed. (rjb) |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Joseph A. Ziemianski - filed by Pennsylvania National Mutual Casualty Insurance Company. (Fraser, Simon) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Allison Bressler Goldis - filed by Pennsylvania National Mutual Casualty Insurance Company. (Fraser, Simon) |
| Filing 8 NOTICE of Appearance by Simon E. Fraser on behalf of Pennsylvania National Mutual Casualty Insurance Company (Fraser, Simon) |
| Filing 7 NOTICE of Related Case by Salt Meadows Homeowners Association, Inc. (Buck, Kate) |
| Filing 6 NOTICE of Appearance by Shannon Dougherty Humiston on behalf of Salt Meadows Homeowners Association, Inc. (Humiston, Shannon) |
| Filing 5 NOTICE of Appearance by Kate Roggio Buck on behalf of Salt Meadows Homeowners Association, Inc. (Buck, Kate) |
| Filing 4 Summons Issued as to Zonko Builders, Inc. on 7/10/2023. (mkr) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Pennsylvania National Mutual Casualty Insurance Company. (mkr) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) |
| Filing 1 COMPLAINT for DECLARATORY JUDGMENT filed with Jury Demand against Salt Meadows Homeowners Association, Inc., and Zonko Builders, Inc. (Filing fee $ 402, receipt number ADEDC-4175218.) - filed by Pennsylvania National Mutual Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(mkr) |
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