Travelers Casualty Insurance Company of America et al v. Newton Group Transfers, LLC et al
| Travelers Casualty Insurance Company of America and The Travelers Indemnity Company |
| Newton Group Exit, LLC, Wyndham Vacation Resorts, Inc., The Newton Group ESA LLC, Wyndham Vacation Ownership, Inc., Interval Broker Direct, LLC, Diamond Resorts Hawaii Collection Development, LLC, Wyndham Resort Development Corporation, Newton Group Transfers, LLC, Diamond Resorts U.S. Collection Development, LLC and Shell Vacations, LLC |
| 9:2020cv80402 |
| March 6, 2020 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Rodney Smith |
| Insurance |
| 28 U.S.C. § 2201 |
| Defendant |
Docket Report
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This docket was last retrieved on July 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 73 JOINT STIPULATION OF DISMISSAL WITH PREJUDICE by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America (Murphy, Eugene) Modified text on 7/28/2021 (ebz). |
| Filing 72 FINAL MEDIATION REPORT by Rodney A. Max. Disposition: Settled in full.(Max, Rodney) |
| Filing 71 NOTICE OF COURT PRACTICE ON NOTICE OF SETTLEMENT. All pending motions are DENIED as moot. This case is CLOSED. Signed by Judge Rodney Smith on 6/28/2021. See attached document for full details. (ebz) |
| Filing 70 NOTICE of Settlement by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America (Murphy, Eugene) |
| Filing 69 Plaintiff's REPLY to Defendants Opposition by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. (Murphy, Eugene) |
| Filing 68 Plaintiff's RESPONSE to #67 Statement to Defendants Rule 56.1 Statement of "Additional Facts" by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. (Murphy, Eugene) |
| Filing 67 Statement of: OF MATERIAL FACTS RULE 56.1 by Newton Group Exit, LLC re #65 Statement, (Attachments: #1 Exhibit Declaration of T. Panopoulos, #2 Exhibit Underwriting Guidelines)(Hubbard, Robert) |
| Filing 66 RESPONSE in Opposition re #64 Plaintiff's MOTION for Summary Judgment and Memorandum of Law filed by Newton Group Exit, LLC. Replies due by 3/18/2021. (Hubbard, Robert) |
| Filing 65 Statement of: Material Facts Rule 56.1 by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America re #64 Plaintiff's MOTION for Summary Judgment and Memorandum of Law (Attachments: #1 Affidavit Exhibit 1 Declaration to 56.1, #2 Exhibit Exhibit A to Declaration)(Murphy, Eugene) |
| Filing 64 Plaintiff's MOTION for Summary Judgment and Memorandum of Law by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Responses due by 3/3/2021 (Murphy, Eugene) |
Filing 63
PAPERLESS ORDER granting #62 Plaintiffs' Unopposed Motion for Extension of Time to File Dispositive Motions Today. Plaintiffs shall file their dispositive motion by 5:00 p.m. on February 17, 2021. Signed by Judge Rodney Smith on 2/17/2021. (cbn)
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| Filing 62 Unopposed MOTION for Extension of Time to file Dispositive Motions today by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Responses due by 3/3/2021 (Murphy, Eugene) |
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Filing 61
ORDER denying #59 Motion To Extend Deadlines And Setting Briefing Schedule. Dispositive Motions due by 2/16/2021. Signed by Judge Rodney Smith on 2/3/2021. See attached document for full details. (kpe)
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| Filing 60 MEDIATION REPORT by Rodney A. Max. Disposition: Adjourned.(Max, Rodney) |
| Filing 59 Joint MOTION for Extension of Time DEADLINES re #42 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by Newton Group Exit, LLC. Responses due by 2/12/2021 (Hubbard, Robert) |
| Filing 58 MEDIATION REPORT by Rodney A. Max. Disposition: Case did not settle.(Max, Rodney) |
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Filing 57
PAPERLESS ORDER granting #56 Renewed Joint Motion to Conduct Mediation Virtually. The parties shall make very effort to mediate via video-conference, not telephone. Signed by Judge Rodney Smith on 11/17/20. (cbn)
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| Filing 56 Joint MOTION To Conduct Mediation Virtually re #42 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. (Murphy, Eugene) |
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Filing 55
ORDER denying #51 Wyndham's Motion for Rule 11 Sanctions. Signed by Magistrate Judge William Matthewman on 10/19/2020. See attached document for full details. (kza)
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| Filing 54 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The Hearing was held by Zoom Video Teleconference. Motion Hearing by Zoom Video held on 10/16/2020 re #51 Wyndham Defendants' Motion For Rule 11 Sanctions. Argument held. The Court took the matter under advisement. Written order to be issued. Total time in court: 27 minutes. Attorney Appearance(s): Eugene P. Murphy for Plaintiff, Christian Michael Leger for the Wyndham Defendants. (Digital 10:33:13) (kza) |
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Filing 53
ORDER SETTING HEARING VIA ZOOM VIDEO TELECONFERENCE (VTC): Set Hearing as to #51 Wyndham Defendants' Motion For Rule 11 Sanctions. (Motion Hearing Via Zoom Video set for 10/16/2020 at 10:30 AM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 9/18/2020. See attached document for full details. (kza)
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| Filing 52 RESPONSE in Opposition re #51 MOTION for Sanctions Wyndham Defendants' Motion For Rule 11 Sanctions and Incorporated Memorandum of Law in Opposition to Wyndham Defendant's Motion for Rule 11 Sanctions filed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Replies due by 9/16/2020. (Attachments: #1 Exhibit)(Murphy, Eugene) |
| Filing 51 MOTION for Sanctions Wyndham Defendants' Motion For Rule 11 Sanctions and Incorporated Memorandum of Law by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bennington, Alfred) |
| Filing 50 NOTICE of Scheduling Mediation by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America re #43 Order Referring Case to Mediation Notice of Scheduling Mediation (Murphy, Eugene) Modified text on 8/26/2020 (kpe). |
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Filing 49
PAPERLESS ORDER denying without prejudice #48 Joint Motion to Conduct Mediation Virtually. The situation with Covid-19 is constantly changing. The parties have until February 1, 2021 to complete mediation. The parties shall schedule their mediation, in accordance with the Court's prior order, and may file a new motion to attend mediation virtually within one month of the scheduled mediation, at which time the Court will assess the Covid-19 situation and any related restrictions. Signed by Judge Rodney Smith on 8/21/2020. (cbn)
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| Filing 48 Joint MOTION to Conduct Mediation Virtually re #43 Order Referring Case to Mediation, #42 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. (Murphy, Eugene) |
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Filing 47
PAPERLESS ORDER granting #46 Joint Motion for Extension of Time to File Notice of Scheduling Mediation. The parties shall file their Notice of Scheduling Mediation by August 25, 2020. Signed by Judge Rodney Smith on 8/18/20. (cbn)
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| Filing 46 Joint MOTION for Extension of Time to File Notice of Scheduling Mediation re #43 Order Referring Case to Mediation by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Responses due by 9/1/2020 (Murphy, Eugene) |
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Filing 45
ORDER Granting Wyndham Defendants' #21 Motion To Dismiss Plaintiffs' Amended Complaint For Lack Of Jurisdiction. Signed by Judge Rodney Smith on 8/4/2020. See attached document for full details. (kpe)
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Filing 44
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 6/24/2020. See attached document for full details. (kza)
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Filing 43
ORDER of Referral to Mediation. Signed by Judge Rodney Smith on 6/23/2020. See attached document for full details. (kpe)
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Filing 42
ORDER Setting Civil Trial Date, Pretrial Deadlines, And Referral To Magistrate Judge: ( Jury Trial set for 8/2/2021 before Judge Rodney Smith., Calendar Call set for 7/27/2021 09:00 AM before Judge Rodney Smith., Amended Pleadings due by 8/14/2020., Expert Discovery due by 1/29/2021., Fact Discovery due by 12/15/2020., Joinder of Parties due by 8/14/2020., Mediation Deadline 2/1/2021., In Limine Motions due by 4/26/2021., Dispositive Motions due by 2/16/2021., Motions due by 4/26/2021., Pretrial Stipulation due by 6/25/2021.) Signed by Judge Rodney Smith on 6/23/2020. See attached document for full details. (kpe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 41 Certificate of Other Affiliates/Corporate Disclosure Statement by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc. (Bennington, Alfred) |
| Filing 40 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America (Murphy, Eugene) |
| Filing 39 Joint SCHEDULING REPORT - Rule 16.1 by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America (Attachments: #1 Text of Proposed Order)(Murphy, Eugene) |
| Filing 38 Plaintiff's Certificate of Other Affiliates by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America (Murphy, Eugene) |
| Filing 37 NOTICE of Striking 36 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, #34 Notice (Other) filed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America (Murphy, Eugene) |
| Filing 36 Clerks Notice to Filer re #34 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (kpe) |
| Filing 35 Certificate of Other Affiliates/Corporate Disclosure Statement by Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, The Newton Group ESA LLC (Hubbard, Robert) |
| Filing 34 STRICKEN NOTICE by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America re #20 Order Requiring Joint Scheduling Report, Certificate of Interested Parties (Murphy, Eugene) Modified on 5/26/2020 per DE #37 Notice(kpe). |
| Filing 33 Plaintiff's Corporate Disclosure Statement by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America identifying Corporate Parent The Travelers Company, Inc, Other Affiliate Travelers Insurance Group Holdings Inc, Other Affiliate Travelers Property Casualty Corp., Other Affiliate Travelers Casualty and Surety Company for The Travelers Indemnity Company, Travelers Casualty Insurance Company of America (Murphy, Eugene) |
| Filing 32 Certificate of Other Affiliates by Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC identifying Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC (Keown, Lindy) |
| Filing 31 REPLY to Response to Motion re #21 MOTION to Dismiss for Lack of Jurisdiction #17 Amended Complaint, filed by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Attorney Christian Michael Leger added to party Shell Vacations, LLC(pty:dft), Attorney Christian Michael Leger added to party Wyndham Resort Development Corporation(pty:dft), Attorney Christian Michael Leger added to party Wyndham Vacation Ownership, Inc.(pty:dft), Attorney Christian Michael Leger added to party Wyndham Vacation Resorts, Inc.(pty:dft). (Leger, Christian) |
| Filing 30 ANSWER to Amended Complaint with Jury Demand by Newton Group Exit, LLC. Attorney Robert C Hubbard added to party Newton Group Exit, LLC(pty:dft). (Hubbard, Robert) |
| Filing 29 ANSWER to Amended Complaint with Jury Demand by Interval Broker Direct, LLC. Attorney Robert C Hubbard added to party Interval Broker Direct, LLC(pty:dft). (Hubbard, Robert) |
| Filing 28 ANSWER to Amended Complaint with Jury Demand by Newton Group Transfers, LLC. Attorney Robert C Hubbard added to party Newton Group Transfers, LLC(pty:dft). (Hubbard, Robert) |
| Filing 27 RESPONSE in Opposition re #21 MOTION to Dismiss for Lack of Jurisdiction #17 Amended Complaint, filed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Replies due by 5/19/2020. (Murphy, Eugene) |
| Filing 26 WAIVER OF SERVICE Returned Executed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Newton Group Transfers, LLC waiver sent on 4/24/2020, answer due 6/23/2020. (Murphy, Eugene) |
| Filing 25 WAIVER OF SERVICE Returned Executed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. The Newton Group ESA LLC waiver sent on 4/24/2020, answer due 6/23/2020. (Murphy, Eugene) |
| Filing 24 WAIVER OF SERVICE Returned Executed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Newton Group Exit, LLC waiver sent on 4/24/2020, answer due 6/23/2020. (Murphy, Eugene) |
| Filing 23 WAIVER OF SERVICE Returned Executed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Interval Broker Direct, LLC waiver sent on 4/28/2020, answer due 6/29/2020. (Murphy, Eugene) |
| Filing 22 ANSWER to Amended Complaint with Jury Demand by The Newton Group ESA LLC. Attorney Robert C Hubbard added to party The Newton Group ESA LLC(pty:dft). (Hubbard, Robert) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction #17 Amended Complaint, by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Responses due by 5/12/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bennington, Alfred) |
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Filing 20
Order Requiring Joint Scheduling Report, Certificates Of Interested Parties And Corporate Disclosure Statements. (Joint Scheduling Report, Certificates Of Interested Parties And Corporate Disclosure Statements due by 5/22/2020) Signed by Judge Rodney Smith on 4/22/2020. See attached document for full details. (kpe)
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| Filing 19 ANSWER to Amended Complaint by Diamond Resorts Hawaii Collection Development, LLC. (Keown, Lindy) |
| Filing 18 ANSWER to Amended Complaint by Diamond Resorts U.S. Collection Development, LLC. (Keown, Lindy) |
| Filing 17 AMENDED COMPLAINT for Declaratory Judgment against All Defendants, filed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. (Attachments: #1 Exhibit Diamond Complaint, #2 Exhibit Wyndham complaint, #3 Exhibit Composite Denial Letters, #4 Exhibit Policy, #5 Exhibit Excess Policy)(Murphy, Eugene) |
| Filing 16 Corporate Disclosure Statement by Diamond Resorts U.S. Collection Development, LLC identifying Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts U.S. Collection Development, LLC (Crossland, Brandon) |
| Filing 15 Corporate Disclosure Statement by Diamond Resorts Hawaii Collection Development, LLC identifying Corporate Parent Diamond Resorts Developer and Sales Holding Company for Diamond Resorts Hawaii Collection Development, LLC (Crossland, Brandon) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Diamond Resorts U.S. Collection Development, LLC served on 3/17/2020, answer due 4/7/2020. (Murphy, Eugene) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Diamond Resorts Hawaii Collection Development, LLC served on 3/17/2020, answer due 4/7/2020. (Murphy, Eugene) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Wyndham Vacation Ownership, Inc. served on 3/17/2020, answer due 4/21/2020. (Murphy, Eugene) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Wyndham Vacation Resorts, Inc. served on 3/17/2020, answer due 4/21/2020. (Murphy, Eugene) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Wyndham Resort Development Corporation served on 3/17/2020, answer due 4/21/2020. (Murphy, Eugene) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. Newton Group Exit, LLC served on 3/23/2020, answer due 4/13/2020. (Murphy, Eugene) |
| Filing 8 Defendant Diamond Resorts U.S. Collection Development, LLC's ANSWER to Complaint by Diamond Resorts U.S. Collection Development, LLC. Attorney Lindy Kathryn Keown added to party Diamond Resorts U.S. Collection Development, LLC(pty:dft). (Keown, Lindy) |
| Filing 7 Defendant, Diamond Resorts Hawaii Collection Develoopment, LLC's ANSWER to Complaint by Diamond Resorts Hawaii Collection Development, LLC. Attorney Lindy Kathryn Keown added to party Diamond Resorts Hawaii Collection Development, LLC(pty:dft). (Keown, Lindy) |
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Filing 6
PAPERLESS ORDER granting #5 Agreed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., and Wyndham Vacation Resorts, Inc. shall file their response to the Complaint by April 21, 2020. Signed by Judge Rodney Smith on 4/7/2020. (cbn)
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| Filing 5 Agreed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Complaint by Shell Vacations, LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. Attorney Alfred Joseph Bennington, Jr added to party Shell Vacations, LLC(pty:dft), Attorney Alfred Joseph Bennington, Jr added to party Wyndham Resort Development Corporation(pty:dft), Attorney Alfred Joseph Bennington, Jr added to party Wyndham Vacation Ownership, Inc.(pty:dft), Attorney Alfred Joseph Bennington, Jr added to party Wyndham Vacation Resorts, Inc.(pty:dft). (Bennington, Alfred) |
| Filing 4 Summons Issued as to Diamond Resorts Hawaii Collection Development, LLC, Diamond Resorts U.S. Collection Development, LLC, Interval Broker Direct, LLC, Newton Group Exit, LLC, Newton Group Transfers, LLC, Shell Vacations, LLC, The Newton Group ESA LLC, Wyndham Resort Development Corporation, Wyndham Vacation Ownership, Inc., Wyndham Vacation Resorts, Inc.. (kpe) |
| Filing 3 NOTICE of Filing Proposed Summons(es) by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s)) (Murphy, Eugene) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pcs) |
| Filing 1 COMPLAINT For Declaratory Judgment against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12568611, filed by The Travelers Indemnity Company, Travelers Casualty Insurance Company of America. (Attachments: #1 Exhibit d, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet)(Murphy, Eugene) |
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